Ordinance - 2016 - 710 - Establish Title 11/Spring Valley - 11/28/2016 ORDINANCE 710
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, ESTABLISHING TITLE
11 “PLANNED DEVELOPMENTS”, SECTION A “SPRING VALLEY”, CHAPTER 1
“DEVELOPMENT STANDARDS, INTERPRETATION AND DEFINITIONS”, CHAPTER 2
“PERMITTED USES”, CHAPTER 3 “DESIGN REVIEW”, CHAPTER 4 “SPECIFIC USE
STANDARDS”, CHAPTER 5 “OFF STREET PARKING AND LOADING”, CHAPTER 6 “NON-
CONFORMING USE”, CHAPTER 7 “PLANNING UNIT MASTER PLANS”, CHAPTER 8
“ZONING ADMINISTRATION AND ENFORCEMENT”, CHAPTER 9 “AREA OF CITY
IMPACT”, CHAPTER 10 “HISTORIC PRESERVATION”, CHAPTER 11 “DEVELOPMENT
AGREEMENT”, CHAPTER 12 “MINIMAL PROPERTY MAINTENANCE”, AND CHAPTER
13 “LAND SUBDIVISIONS”, 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;
WHEREAS, the proposed change to the City code is in accordance with and provides for the better
implementation of the City’s Comprehensive Plan; and
WHEREAS, the proposed change to the Eagle City Code provides for the better implementation of
the Spring Valley Development Agreement (formerly known as M3 Eagle) approved by the Eagle
City Council on January 14, 2014 superseding the previous development agreement (Instrument No.
107170114);
WHEREAS, the Design Review Committee reviewed the chapter pertaining to landscape, lighting,
and signage and held public meetings on January 24, 2013, February 14, 2013, March 14, 2013,
March 20, 2013, and April 25, 2013.
WHEREAS, the Planning and Zoning Commission, pursuant to public notices as required by I.C.
67-6511 and I.C. 67-6509, held public hearings on June 3, 2013, July 1, 2013, July 15, 2013,
August 5, 2013, September 16, 2013, and recommended the zoning amendment to the City Council
on September 16, 2013.
WHEREAS, the Eagle City Council pursuant to public notices as required by law, held public
hearings on November 21, 2013 and December 10, 2013, on the proposed zoning amendment as
required by I.C. 67-6511 and I.C. 67-6509. The City Council finds that the proposed zoning
amendment meets the requirement of Idaho Code and the Comprehensive Plan and should be
enacted.
ORDINANCE NO. 710 – Page 1
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 11, “Planned Developments”, Section A, “Spring Valley”, is
hereby established to read as follows:
CHAPTER 1: DEVELOPMENT STANDARDS INTERPRETATION & DEFINITIONS
11A-1-1: Short Title
11A-1-2: Purpose
11A-1-3: Applicability
11A-1-4: Interpretation, Scope of Regulations
11A-1-5: Definitions
11A-1-1: SHORT TITLE
This Title shall be known, cited and referred to as the Spring Valley Development Ordinance (Ord.
xx, x-x-13)
11A-1-2: PURPOSE
Generally, this Title is enacted with the purpose and intent of promoting, on behalf of the citizens
of the City of Eagle and the Spring Valley development, public health, safety, comfort and general
welfare; to conserve and control the population, density and facilities adequate and economical
provision for public improvements, all in accordance with Spring Valley Pre-Annexation and
Development Agreement, for the desirable physical development of Spring Valley; and to provide a
method of administration, all as authorized by the Eagle Comprehensive Plan, the Eagle Zoning
Ordinance, the state legislature and the constitution of the state of Idaho.
Specifically, the purpose and intent of this Title is to set forth the development standards and
administrative procedures for implementing the land use policies of the PADA. Furthermore, it is
the purpose of this Title:
A. To support the City’s annexation and rezoning of Spring Valley to ensure a high-quality
development that ensures orderly, controlled, and quality growth in the City;
B. Provide for a mixture of land uses within the Spring Valley Planned Development;
C. Provide distinctive, efficient and effective regulations to guide development in Spring Valley;
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D. Encourage flexibility and creativity in Spring Valley’s' design and development in order to
respond to market demand and site specific conditions while enhancing the economic viability
and quality of Spring Valley;
E. Encourage creative and innovative land planning and design processes throughout Spring Valley
which are sensitive to existing environmental conditions;
F. Ensure significant planning and economic benefit to the City and the developer by without
limitations: i) encouraging investment in and commitment to comprehensive planning for
effective utilization of municipal and other public resources to secure quality planning, growth
and protection of the environment; ii) requiring development of Spring Valley consistent with the
Eagle Comprehensive Plan, ordinances, and the PADA; iii) providing for the planning, design,
engineering, construction, acquisition, and/or installation of public infrastructure to support
anticipated development of both Spring Valley and the larger land areas that includes mitigation
impacts by and to Spring Valley; iv) creating employment through development of Spring
Valley; and v) creating quality housing, employment, recreation and other land uses in Spring
Valley;
G. Establish responsibility for the development of essential public services throughout Spring
Valley and the specific mechanisms by which they will be provided, created and financed;
H. Provide for phased and orderly development of Spring Valley utilizing consistent criteria;
I. Establish the permitted uses and minimum standards for each category of residential and
nonresidential use;
J. Identify and define standards for uses which may occur in each of the land use categories;
K. Ensure that development and subdivision are consistent with the PADA, this Title, Eagle City
Code in effect as of December 21, 2012 and not superseded by this Title, and the Eagle
Comprehensive Plan; and;
L. Establish a review and approval process for the development of Spring Valley.
11A-1-3: APPLICABILITY
This Title governs the development and administration of Spring Valley, as shown in the PADA.
Any amendments to this Title 11A must be consistent with the PADA. Where uses arise that are not
covered in this Title except as provided in the PADA, the use shall be prohibited. This Title shall
not apply to land not incorporated within the PADA.
A. Scope And Content: This Title shall consist of the text hereof.
ORDINANCE NO. 710 – Page 3
B. Flexibility: The PADA, and this Title are intended to depict the general nature and relative
intensity of residential and nonresidential development in the Spring Valley development,
while allowing flexibility at the time of detailed planning and platting so that the overall
goals, policies, purpose, and intent of the PADA and the Eagle Comprehensive Plan as
provided within the PADA and this Title can be achieved.
C. Conflict Of Laws: In their interpretation and application, the provisions of this Title shall
be exclusive requirements under Eagle City Code for development within Spring Valley.
D. Phased Development: This Title is intended to regulate all development and improvement
of Spring Valley, but is not intended to regulate the bulk sale and conveyance of raw land
to subdevelopers. Subdevelopers intending to develop land within Spring Valley, or any
portion thereof, are subject to the PADA and this Title.
E. Changes to Spring Valley Property Boundary: From time to time, the Spring Valley
property boundary may change due to additions of property into Spring Valley. Such
changes shall be governed by the PADA, subject to approval of an amendment by the City
of Eagle and this Title.
11A-1-5: DEFINITIONS:
The definitions set forth below shall be used in the interpretation and implementation of this Title.
1.The word "person" includes a firm, association, organization, partnership, trust, company or
corporation, as well as an individual.
2.The present tense includes the future tense, the singular number includes the plural and the
plural number includes the singular.
3.The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and
the word "should" is a preferred requirement.
4.The words "used" or "occupied" include the words "intended", "designed" or "arranged" to be
used or occupied.
5.The word "lot" includes the words "plot", "parcel" and "tract."
ACHD:
Ada County Highway District.
Administrator:
An official having knowledge in the principles and practices of zoning who is
appointed by the mayor, with the consent of the City Council, to administer this Title.
Administrator, Floodplain:
An official having knowledge in the principles and practices of Flood
Control Regulations who is appointed by the Zoning Administrator, to administer Flood Control
Regulations and Title 10 of Eagle City Code.
ORDINANCE NO. 710 – Page 4
Adult Business:
Establishments based primarily on materials or performances that depict,
describe, or relate to specified sexual activities.
Aggregate Processing Plant:
A temporary facility or area for processing aggregate or batching
concrete or asphalt.
Agriculture:
The use of land for crop production, pasturage, animal and poultry husbandry and the
necessary accessory uses for parking, treating or storing of produce. Agriculture does not include
dairying or the maintenance of a commercial feedlot or stockyard where large numbers of livestock
are fed concentrated feeds, particularly for the purpose of fattening for market, or uses defined as
feedlots, stockyards, dairy farms or CAFO’s as defined by City Code or Idaho State law.
Art Gallery:
An establishment for the display and/or retail sale of artwork and may include studio
facilities for creation of artistic works.
Auto Body Shop
: A facility for collision service, repair and painting.
Auto Gas Station/Service Shop:
A building and premises where gasoline, oil, grease, batteries,
tires and motor vehicle accessories may be supplied and dispensed at retail. Incidental minor
automotive repair and maintenance and an automatic car wash facility are also permitted.
Auto and Recreational Vehicle Sales:
The sale of new and used motor vehicles, motor homes,
and travel trailers, but not including repair work, except incidental warranty repair of same, to be
displayed and sold on the premises.
Auto Repair And Service Shop (Major):
A facility for the repair, rebuilding or reconditioning of
any type of motor vehicle or parts thereof, in addition to the types of repair and service authorized
to be performed in a minor auto repair garage, but excluding collision service, painting and steam
cleaning of vehicles. The term includes a facility which performs any repairs to vehicles with a
gross vehicle weight over 10,000 pounds.
Auto Repair And Service Shop (Minor):
A facility for the performance of minor repairs and
service on vehicles of 10,000 pounds gross vehicle weight or less; such repairs and service are
limited to electronic tune ups, brake repairs (including drum turning), air conditioning repairs,
generator and starter repairs, tire repairs, front end alignments, battery recharging, lubrication,
selling/installing minor parts and accessories, other similar activities and repairing and installing
other minor elements of an automobile such as windshield wipers, hoses, windows, etc., but
excluding engine, transmission and differential repair or installation.
Auto/Truck Rental Agency:
A facility for the rental of new or used automobiles and/or trucks.
Vehicles kept on the lot for rental purposes are not considered to be outside storage.
B-Type Drainage:
Drainage that flows towards the side or rear of a lot or parcel instead of the
front.
ORDINANCE NO. 710 – Page 5
Balcony:
A non-livable exterior space that is accessible from an upper story of a residence or
building.
Bank/Financial Institution:
An establishment that provides retail banking services to individuals
and businesses. This classification includes those institutions engaged in the on-site circulation of
cash money and businesses offering check cashing facilities.
Bar/Pub/Nightclub:
An establishment for which a license under Title 3, Chapter 2, Article A, B,
and/or C of Eagle City Code is required and the principal business of which is the sale of alcoholic
beverages to be consumed on premises and where food may be available for consumption.
Bed And Breakfast Facility:
An owner occupied residence providing overnight accommodations
and breakfast food service to guests for compensation and where guest lodging is subordinate and
incidental to the main residential use of the dwelling .
Building Envelope:
The portion of each property or lot within which all improvements are built
including, but not limited to, structures, flatwork, and swimming pools, but excluding planting,
driveways and boundary fencing.
Building Materials/Lumber Yard:
A facility for the sale of home, lawn and garden supplies and
construction materials such as brick, block, masonry, lumber and other similar materials.
Building/Structure, Accessory:
A building or structure on the same lot with, and incidental and
subordinate to, and detached from, the principal building or structure. Accessory
buildings/structures include, but are not limited to, detached carports and garages, pool houses and
cabanas, guardhouses, barns, corrals and stables, storage sheds, outdoor storage structures,
workshops, greenhouses, and similar structures, but do not include accessory dwellings. Also see
DWELLINGS, Accessory.
Car Wash:
An establishment that provides washing and cleaning of passenger or recreational
vehicles by hand, by use of automated equipment operated by one or more attendants, or by self-
service facilities.
Carnival and Circus:
The provision of games, eating and drinking facilities, live entertainment,
animal exhibitions, or similar activities, which may be conducted outdoors, or in a tent or other
temporary structure. This classification excludes events conducted in a permanent entertainment
facility.
Check Cashing/Pay Day Loan Establishment:
An establishment that provides immediate cash
for checks (payroll, personal, cashier, business, money orders, etc.) for a fee or provides loans.
ORDINANCE NO. 710 – Page 6
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 four (4) types of childcare facilities:
1. Family/home daycare facility: A childcare facility for six (6) or fewer children and
where childcare is subordinate and incidental to the main residential use of the dwelling.
Babysitting services are an accessory use to residential uses.
2. Group daycare facility: A childcare facility for seven (7) to twelve (12) children.
3. Daycare center: A childcare facility for thirteen (13) or more children.
4. Pre-school: A facility for children, usually between the ages of 3 and 5, staffed by
qualified teachers and other professionals who encourage and supervise educational play
rather than simply providing childcare. The maximum number of children will be
regulated by State Code based on the number of children listed above.
City:
The City of Eagle, Idaho.
City Code:
The municipal code of the City of Eagle.
Clinic/Urgent Care Facility:
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, and whose principal activity is to render a service
not usually and ordinarily carried on as a business.
Common Area :
Land within a development that is not individually owned or dedicated for public
use but which is designed and intended for the common use or enjoyment of the residents of the
development. The common area may include complementary structures and improvements.
Community Information Center:
A facility that provides information on the community to the
public and prospective residents or buyers and may include a sales office. Such information may
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include location and nature of various land uses, facilities and amenities, price ranges of homes in
various neighborhoods, future plans and timing, and information about the master developer,
builders, and the Spring Valley Community Association.
Condominium:
One of a group of dwelling units within a building or complex of buildings in
which each dwelling unit is individually owned and the common parts of the property, such as the
buildings, grounds, and other areas of common use are owned jointly by the unit owners.
Conference Center:
A facility used for holding conventions, trade shows, exhibitions, seminars,
workshops, social and special events, and similar activities and may include exhibit halls, meeting
rooms, ballrooms, and dining and lodging facilities for use by participants as well as compatible
accessory facilities. A conference center may be free-standing or part of a hotel/resort.
Construction Office –
A mobile home, travel trailer, truck trailer, and/or other structure used as a
temporary office in conjunction with a construction project.
Construction Yard –
Any area used on a temporary basis for the storage or processing of materials
and supplies used in the actual construction of a project.
Convenience Store:
An establishment providing retail sales of food, beverages and small
convenience items typically found in a store with long or late hours of operation and may include
24-hour facilities. A convenience store operation may also include fuel sales, but shall then be
regulated as a gas station. Such establishment is typically open between 6 a.m. and 11 p.m. An
establishment that is open before 6 a.m. or after 11 p.m. is subject to a conditional use permit.
Density, Gross:
The number of dwelling units per acre of total land contained within a master
plan, planning unit master plan, parcel, preliminary plat or final plat including public right of way,
private streets, and common area open space; excluding floodway.
Density, Net:
The number of dwelling units per acre of land within a master plan, planning unit
master plan, parcel, preliminary plat or final plat including only the land devoted to residential uses,
excluding public right of way, private streets, common area open space, and floodway.
Design Theme:
The conceptual theme established for Spring Valley, a Spring Valley Planning
Area, a residential neighborhood, or non-residential project which forms the basis for all design
decisions that are made toward realizing the character of the area. The design theme provides a
visual basis for architecture, engineering, site planning and landscape architecture.
Drive-Through Use:
An establishment which by design, physical facilities, service, or by method
of sale encourages or permits customers to receive services or obtain goods while remaining in their
vehicles. The term “drive-through use” also includes automated tellers, banks, cleaners,
pharmacies, restaurants and other establishments providing food or beverages, car washes, gasoline
service stations, and quick lubrication.
ORDINANCE NO. 710 – Page 8
Drycleaner/Laundry:
A business that provides cleaning services or facilities for clothing and
other fabric articles and may include drive-through service. Dry cleaning and laundry plant
operations may be located off-site
Dwelling, Accessory:
A dwelling located on the same lot as, and is subordinate to, the principal
residential dwelling, and which may be attached or detached from the principal dwelling, and which
provides living quarters with provisions for cooking (220v wiring), eating, sanitation, and sleeping
for occupants or guests of occupants of the principal dwelling, their domestic employees, tenants or
caregivers. An accessory dwelling may include a guesthouse, casita, or caretaker/domestic unit and
may be located in the front, side or rear yard of the lot or may be above a garage. Direct access
from the principal dwelling is not required. Accessory dwellings are considered dwelling units and
count toward maximum density calculations within the PADA. Accessory dwellings require a
zoning permit when modified or developed separately from the principal dwelling.
Dwelling, Multi-family:
A building consisting of two (2) or more dwelling units where all such
units are located on the same lot with varying arrangements of entrances and party walls and
including units that are located one over the other. This definition includes condominiums and
apartments.
Dwelling, Single-family Attached:
A building consisting of two (2) or more dwelling units
separated by a party wall, with each dwelling located on a separate lot and having its own address
and water meter. This definition includes duplexes, triplexes and townhomes.
Dwelling, Single-family Detached:
A building on a single lot consisting of one dwelling unit
which is not attached to any other dwelling, other than an accessory dwelling, by any means, and
having only one address and water meter.
Dwelling Unit:
A principal (not accessory) structure, building or portion thereof that is used
exclusively for human habitation including living, sleeping, eating, cooking, and sanitation.
Emergency Health Care Facility:
A facility that provides emergency medical services with no
provision for continuing care on an inpatient basis. Such facility may include incidental storage and
maintenance areas and parking of emergency and emergency related vehicles.
Entertainment Facility:
An indoor or outdoor commercial facility or area for sport, entertainment,
games of skill, or recreation to the general public for a fee. Examples include, but are not limited
to, bowling alleys, roller and ice skating rinks, miniature golf courses, golf driving ranges (not
associated with a golf course), shooting ranges and gun clubs, game courts, movie theaters, concert
halls, amphitheaters, and video game arcades.
Equestrian Center:
A facility for the care, training, riding or boarding of horses and may include
one or more barns, riding arenas, show rings, exercise areas, tack rooms, pastures, meeting rooms,
ORDINANCE NO. 710 – Page 9
staff lodging and other accessory structures or facilities associated with such use. Such facility may
be public or private and may provide for resident or private boarding for a fee.
Equestrian Lot:
A residential lot upon which horses may be kept and may contain a barn, riding
area, pasture, and other ancillary facilities for the sole use of the lot owner.
Farmer’s Market:
A commercial event, typically held outdoors periodically or on a recurring
basis, where farmers and other vendors sell fresh agricultural products and similar merchandise
directly to the public. Food and beverages may also be sold. Such use shall require a City vendor’s
permit. This use does not include a flea market or swap meet.
Flex Space:
A space within a building that provides flexibility for several uses in accordance with
its underlying land use district. Such space typically contains a use or uses that generally require
substantial amounts of storage and working area as well as for an office and/or showroom.
Examples include, but are not limited to, custom bookbinding, ceramic studios, candle making
shops, custom jewelry manufacture, laboratories, lighting/plumbing fixture showrooms, research
and development, small merchandise assembly, and low intensity sales and distribution facilities.
Buildings may be comprised of several flex spaces. This use is not intended to permit warehousing
or manufacturing that has high levels of truck activity.
Floor Area Ratio (FAR):
The ratio of the total floor area of a building (or buildings) to the area of
the lot or parcel on which the building stands. The total square footage on all floors of all buildings
on a certain lot or parcel (building area) is divided by lot or parcel gross square footage (site area).
As a formula, FAR = (building area)/(site area). For purposes of this definition, the total floor area
(square footage) is measured from outside wall to outside wall and includes the area of all floors of
the main structure and accessory structures, but excludes underground garages, uncovered terraces,
patios, atriums porches or balconies, covered porches, patios and balconies enclosed on not more
than two sides, and chimneys.
Food and Beverage Sales:
Retail sales of food and beverages for off site preparation and
consumption. Typical uses include grocery stores, delicatessens, and bakeries, and exclude
convenience stores and catering services. Such uses may also include liquor stores.
Golf Clubhouse:
The primary building on a golf course typically containing a pro shop and
providing personal services for golfers and which may also contain a restaurant and snack bar, bar.
locker rooms, banquet facilities, meeting rooms and lounge area.
Grading Guidelines and Hillside Development Standards:
Those certain Grading Guidelines and
Hillside Development Standards, approved by City for Spring Valley on November 24, 2009, in
connection with Eagle City file number RZ-19-6 MOD, and attached to the development agreement
as Exhibit M.
ORDINANCE NO. 710 – Page 10
Gross Floor Area (GFA):
The total amount of floor area within a building, as measured from the
inside surface of the exterior walls, but excluding any floor area devoted to the following:
A.Mechanical, electrical, or communication equipment or uses as may be required for
the operation of the building, including elevators and stairwells
B.Parking and circulation space for motor vehicles
C.Exterior balconies
Habitat Mitigation Plan:
is that certain Habitat Mitigation Plan, dated November 12, 2010,
reviewed and provided with an adequacy statement by City’s consultant and presented to City’s
Council on January 11, 2011, which Habitat Mitigation Plan is attached to the development
agreement as Exhibit N.
Hardscape:
Hard surfaces such as sidewalks, pavers, patios, courtyards, and planters consisting of
concrete, tile, stone, brick and other similar man-made materials used in lieu of, or in conjunction
with, landscape.
Health Club, Spa, and Weight Reduction Salon:
Establishments offering services including, but
not limited to, exercise and physical conditioning, spa related services and weight counseling.
Height, Building:
The height of a building as measured from the finished floor elevation closest to
the corresponding finished grade to the top of the roof. The height of the building may follow the
same slope as the contour of the lot (grade adaptive architecture). Top of roof means ridgeline or
the highest point of any architectural element concealing roof top equipment.
Height, personal wireless facilities, spires, poles, antennas, steeples, towers, and similar
structures:
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.
Holiday/Seasonal Sales:
A one time, temporary sale that is conducted for less than 30 days
customarily prior to or in conjunction with a specific holiday and or seasonal event.
Home Occupation:
Any use 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 land use district of which it is a part.
ORDINANCE NO. 710 – Page 11
Hospital:
An institution devoted primarily to the maintenance and operation of facilities for the
medical or surgical care of patients for 24 hours or more. This classification includes incidental
facilities for outpatient treatment, as well as training, research, and administrative services for
patients and employees.
Hotel, Motel:
Establishments offering rooms as temporary lodging to guests. Hotels typically have
eating and drinking service and a dining room where meals are served and may contain
meeting/conference facilities. Hotels and motels are considered a non-residential use and are thus
not considered residential dwelling units within the context of any density calculations or allowable
densities set forth in the Pre-Annexation and Development Agreement.
IBC:
International Building Code most recently adopted by the City.
IDWR:
Idaho Department of Water Resources.
ITD:
Idaho Transportation Department.
Junkyard:
An indoor or outdoor space where waste and discarded or salvaged materials are
bought, sold, exchanged, baled, packed, disassembled, stored or handled, including auto salvage
yards, house wrecking yards, used lumberyards and places where such uses are conducted entirely
within a completely enclosed building, or salvaged materials incidental to manufacturing
operations.
Kennel:
(For hobby, commercial or boarding purposes) Any lot or premises or portion on which
three (3) or more dogs, cats and other household domestic animals are maintained, harbored,
possessed, boarded, bred or cared for in return for compensation or kept for sale including privately
or publicly owned, operated or managed dog pounds.
Laboratory:
An establishment providing medical or dental laboratory services, or establishments
with less than 2,000 square feet providing photographic, analytical, or testing services.
Laundromat:
A business providing self-service cleaning facilities for clothing and other fabric
articles.
Liquor Store:
An establishment for the retail or wholesale sales of packaged liquor and alcohol
and where no consumption takes place on the premises. Such use shall be regulated by Eagle City
Code and Idaho Code.
Living Quarters, Accessory:
A structure located on the same lot as, and is subordinate to, the
principal residential dwelling, and which may be attached or detached from the principal dwelling,
and which may provide living accommodations with provisions for eating, sanitation, and sleeping
for occupants, or guests of occupants of the principal dwelling, their domestic employees, tenants or
ORDINANCE NO. 710 – Page 12
caregivers, but does not include cooking facilities (220v wiring). Accessory living quarters may
include a guesthouse, casita, or caretaker/domestic unit and may be located in the front, side or rear
yard of the lot or may be above a garage. Direct access from the principal dwelling is not required.
Accessory living quarters are not considered dwelling units and do not count toward maximum
density calculations within the PADA. Accessory living quarters require a zoning permit when
modified or developed separately from the principal dwelling.
M3 Eagle:
The original and temporary name for Spring Valley that was used during the planning
and approval process with the City of Eagle.
Manufacturing, Light:
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.
Master Developer:
The M3 Companies L.L.C., an Arizona limited liability company, and all its
successors in Title and interest.
Master Drainage Study:
That certain Preliminary Master Drainage Study, dated June 14, 2006, as
may be amended from time to time.
Master Habitat Study:
That certain Final Habitat Study and Natural Features Analysis, dated June
2006, as may be amended from time to time.
Master Plan:
The overall plan and program for Spring Valley as approved by the City and
described in the PADA.
Master Traffic Study:
That certain Traffic Impact Study, dated June 26, 2006, as may be amended
from time to time.
Master Wastewater Study:
That certain Preliminary Master Wastewater Study, dated June 14,
2006, as may be amended from time to time.
Master Water Study:
That certain Preliminary Master Potable Water Study, dated June 14, 2006,
as may be amended from time to time.
Mortuary/Funeral Home:
A facility where services and/or ceremonies are held in conjunction
with human burial or cremation. Crematories may be an accessory use.
Motion Picture/Radio/Television Production Facility:
A facility for the making, broadcasting,
and/or recording of movie, radio, or television productions.
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Nursery, Plant Materials, Retail:
Land, building or combination thereof for the storage,
cultivation, and transplanting of live trees, shrubs or plants offered for retail sale to the general
public on the premises including products used for gardening or landscaping.
Nursery, Plant Materials, Wholesale:
Land, building or a combination thereof for the storage,
cultivation, transplanting of live trees, shrubs or plants offered for commercial sale to professional
landscape businesses and members of such businesses and not for retail sale to the general public.
Nursing/Convalescent Home/Transitional Housing:
An establishment providing care on a 24-
hour basis for 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.
Office Park:
A comprehensively planned and unified office-oriented development containing at
least two separate buildings. Office parks typically have a mixture of office, service, professional,
and commercial activities and are designed to incorporate aesthetic and service amenities for the
employees and patrons of the establishments located within the park. However, commercial and
service uses are considered ancillary uses which shall not exceed 10% of the buildable acres of the
office park and are intended to be secondary and complimentary to the principal use.
Offices, Business and Professional:
An office of a firm or organization providing professional,
executive, management, or administrative services. This classification includes medical/dental
laboratories incidental to an office use, but excludes banks and savings and loan associations.
Outdoor Storage:
The storage of goods, wares, merchandise, equipment, vehicles, materials or
supplies in the same place for more than 24 hours in an open area. The term outdoor storage shall
include material that is kept under a pole barn structure or any structure that is less than fully
enclosed.
Owners’ Association:
A legal entity created by the Master Developer or Parcel Developer for the
purpose of managing and operating common areas and facilities within Spring Valley for the use of
its members through assessments of its members may include the Spring Valley Community
Association.
Parcel:
A designated tract or area of land established by plat or as otherwise permitted by law, to
be used, developed or built upon as a unit.
Parcel Developer:
A person or business and its agents engaged in the development and
construction of improvements on a parcel or site subject to this Title and the PADA.
Parking Lot, Parking Garage:
A parking lot or garage offering short term or long term parking to
the public and which may also include a fee.
ORDINANCE NO. 710 – Page 14
Parking Space:
An area adequate for parking a vehicle with room for opening doors on both sides,
together with properly related access to a public street or alley and maneuvering room.
Parking Space, Off Street:
A parking space that is located outside of any street or alley right of
way.
Parking Space, On Street:
A parking space that is located along or within a street or alley right of
way. On street parking spaces are allowed to count towards the parking requirements of a use.
Pawn Shop:
An establishment engaged in the buying or selling of merchandise, including minimal
numbers of used vehicles, and offering loans secured by personal property. This definition does not
include the sale of new vehicles unless the business is in conjunction with and on the premises of a
new vehicle dealership.
Personal Improvement:
Provision of instructional services or facilities, including photography,
fine arts, crafts, dance or music studios, martial arts studios, driving schools, 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, electronics and appliance repair (no outdoor
storage), barbershops, beauty parlors and similar activities.
Planning Area: Exhibit B
One of five different areas that comprise Spring Valley as depicted on
Exhibit(s) D, D1, D2, D3, D4 and D5
of the PADA and as described in of the PADA.
Planned Unit Development (PUD):
A development designed to incorporate a variety of uses and
lot sizes, created 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 in a pre-planned environment as provided for in the PADA.
Planning Unit Master Plan (PUMP):
A plan for the development of a distinct area of land within
Spring Valley. Such plan identifies general location and size of development parcels, establishes
uses and density ranges for each parcel, locates amenities and open space, establishes the major
vehicular and pedestrian circulation system and generally locates community facilities. A PUMP
does not include site plans or layout of lot lines that would normally be part of a preliminary plat.
Porch:
A covered outdoor space defined by building walls and guardrails at the front, side or rear
of a residence with one or more access points into the residence.
Pre-Annexation And Development Agreement (PADA):
That certain Pre-Annexation and
Development Agreement, between the City and M3 Eagle L.L.C., recorded December 27, 2007, as
amended from time to time.
ORDINANCE NO. 710 – Page 15
Radio and Television Broadcast Station:
A facility used to transmit television and radio signals
and shows/programs.
Recreation/Community Center Or Club
: A facility that provides a variety of recreational
facilities and programs for community residents or the general public. Such facilities may include
swimming pools, indoor and outdoor sports courts, exercise facilities and classes, spa facilities,
locker rooms, meeting rooms, dance studios, game rooms, arts and crafts rooms, a restaurant and
snack bar, bar, banquet facilities, lounge area and other similar uses. Recreation centers include
YMCA’s, teen centers, and similar facilities and may also include entertainment facilities or health
clubs.
Recycling/Solid Waste Transfer Center:
A facility that is not a junkyard and in which
recoverable resource materials, such as paper products, glassware, and metal cans are collected,
sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to
others who use such resource materials to manufacture new products.
Religious Facility:
A building or structure, or group of buildings or structures, which by design
and construction are primarily intended for conducting organized religious services and accessory
uses associated therewith. The term “religious facility” is not to be construed in any way to include
private residences within which religiously related gatherings are conducted.
Research and Development:
An establishment primarily engaged in the research, development,
testing, and 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 research and
development establishments include biotechnology, chemical, pharmaceutical, medical, electrical,
transportation, and engineering firms and computer component manufacturers.
Resort:
A destination point for visitors that generally provides overnight accommodations and
recreation, fitness and spa facilities for persons on vacation including timeshare and vacation clubs.
A resort is self-contained and provides personal services customarily furnished at hotels, including
the serving of meals and meeting/conference facilities. Buildings and structures in a resort
complement the scenic qualities of the location in which the resort is situated. Resorts are
considered non-residential uses and are thus not considered residential dwelling units within the
context of any density calculations or allowable densities set forth in the PADA.
Restaurant:
Any establishment, other than a bed and breakfast facility, where meals are provided
for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom,
tearoom, dining room, and dining accommodations of public or private clubs. Bars and pubs may be
included within a restaurant as an accessory use.
ORDINANCE NO. 710 – Page 16
Retail Sales:
The retail sale of merchandise not specifically listed under another use classification.
This classification includes department stores, clothing stores, drug stores, video stores, furniture
stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,
jewelry, cameras, photographic supplies, printing and copy supplies and service, electronic
equipment, music, pets and pet supplies, sporting goods, kitchen utensils, hardware, appliances,
artwork, art supplies and services, antiques, collectibles, paint and wallpaper, carpeting and floor
coverings, office supplies, bicycles, and new automotive parts and accessories (excluding services
and installation) , and other similar items, but excluding building material/lumber yards. This
definition also includes stores and establishments for the rental of small tools and equipment.
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.
Sales Offices/Trailers, Temporary – The temporary use of a mobile home, travel trailer,
truck trailer, and/or dwelling unit within a development project as a sales or rental office for
the project.
School, Business:
A commercial or public school providing instruction solely in professional skills
including, but not limited to, business management, accounting, secretarial skills, sales, marketing
and merchandising.
School, College And University:
An educational institution authorized by the State of Idaho to
award associate, baccalaureate or higher degrees.
School, Elementary/Middle/High:
A public or private educational institution having a curriculum
comparable to that required in the public schools of the State of Idaho.
School, Vocational/Technical:
A commercial or public establishment offering training in a skill or
trade to be pursued as a career.
Setback:
The required distance from a building to a property line or site improvements including
streets, curbs, parking lots, various site driveways and access roads, walkways, hardscape and walls
and in which no building or structure may be located above ground except as may be provided
herein.
Shopping Center, Community:
A group of commercial establishments, planned, developed,
owned and/or managed as a unit and typically containing 100,000-350,000 square feet of gross
leasable space designed to serve the needs of the community. A community shopping center is
typically anchored by supermarkets, super drugstores, and discount department stores and
sometimes contains big box retailers selling such items as apparel, home improvement/furnishings,
toys, electronics or sporting goods.
ORDINANCE NO. 710 – Page 17
Shopping Center, Neighborhood:
A group of commercial establishments planned, developed,
owned and/or managed as a unit and typically containing 30,000-150,000 square feet of gross
leasable space and designed to provide convenience shopping for the day-to-day needs of
consumers in the neighborhood. A neighborhood shopping center is typically anchored by a
supermarket or drugstore.
Sign:
Any display or device consisting of attached or painted letters, symbols or designs, and is
intended to communicate business identification, an advertisement, announcement, direction or
other message or attract, distract, hold, direct or focus attention. Refer to the ECC 11A-3.
Site Driveway and Access Road:
Facilities that are typically privately owned and maintained, do
not conform with public street design standards, are located on-site, serve an individual
development (occasionally with separately owned lots) and do not serve as public streets either by
function or appearance.
Site Furnishings:
Utilitarian outdoor elements intended for pedestrian use such as benches, trash
receptacles, public telephones, newspaper racks, bollards, drinking fountains, bike racks, parcel
delivery service and postal boxes, and lighting standards.
Special Care Facility:
A facility used exclusively for one or more of the following: (a) the
treatment of alcohol or drug dependency; (b) the housing and care of persons with physical or
mental illness that requires them to be confined in an institutional facility as allowed by Idaho Code.
Special Event:
An event or happening organized by any person which will generate or invite
considerable public participation and/or spectators for a particular and limited purpose and time,
including, but not limited to, musical and dance performances, arts and craft shows, artifact
displays, holiday events, fun runs, roadway foot races, fundraising/charitable events, bikeathons,
parades, and fairs. Special events may occur on public or private property.
Spring Valley:
A 6,000+ acre planned community located in the North Eagle Foothills in the City
of Eagle, which will contain a mix of residential, commercial, employment, institutional, civic,
service, recreational, and open space uses and which is subject to the PADA.
Spring Valley Community Association (SVCA):
A non-profit corporation of property owners or
associations established for the benefit of its members to maintain community association owned
common areas and facilities, enforce the Spring Valley CC&Rs and perform other functions
directed by its members and authorized by applicable regulations and land purchase agreements.
Spring Valley Design Guidelines:
See Eagle City Code 11A-3. A document containing planning
principles, design and development standards, and design review processes required for all
development within Spring Valley.
ORDINANCE NO. 710 – Page 18
Spring Valley Design Review Committee (SVDRC):
A committee established by the Master
Developer to review and approve all development, building and site improvement proposals
consistent with the approved standards within Spring Valley.
Spring Valley Master Declaration of Covenants, Conditions, and Restrictions (CC&Rs):
A
document that is part of the recorded founding documents for the Spring Valley property. It
establishes the basic governance powers for the Spring Valley Community Association and its
Board of Directors.
Streetscape or Streetscene:
All of the plant material, walkways, walls community monumentation
and street furnishing adjacent to a Spring Valley roadway that establish the visual character of the
street.
Tower:
Any ground or roof mounted pole, spire, similar structure, or combination thereof, with a
"height", as defined in this Chapter, 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.
Townhome/Townhouse:
An attached single family dwelling unit within a row of similar dwelling
units sharing one or more common walls and in which ownership includes the building and the lot
on which the building sits.
Use, Accessory:
A use or structure that is incidental and subordinate to an established principal use
of a property and is located on the same lot as the principal use. Accessory uses/structures include,
but are not limited to, detached carports and garages, covered parking structures, trash enclosures,
pool houses and cabanas, barns, corrals, stables, caretaker's quarters, guard houses, storage sheds,
outdoor storage structures, microwave and satellite dish antennas, and similar uses and structures.
Accessory uses shall require a zoning permit when modified or developed separately from the
principal use.
Use, Principal:
The primary or main use of the land, building or structure, as distinguished from
an accessory or temporary use.
Use, Temporary:
Any activity on a site approved by the Administrator for a limited time of
operation, as set forth in Chapter 3 of this Title. A temporary uses is governed by a zoning permit.
Utility Structures Or Appurtenances:
Elements of the utility system that extend above ground
and can be seen. Utility appurtenances include, but are not limited to, electronic transformers,
switch and junction boxes, telephone switch and junction boxes, cable television boxes, gas vents
and valves, irrigation controllers and valve boxes, security and camera, satellite dishes and antennas
of all types.
ORDINANCE NO. 710 – Page 19
Veterinary Animal Hospital or Clinic:
A place used for the care, grooming, diagnosis and
treatment of sick, 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 an accessory use to the primary activity.
View Cul-de-sac:
A cul-de-sac that terminates next to a roadway, park or open space area and has
a view opening that may consist of a view fence or view wall with a gate for pedestrian access.
View Fence:
A fence constructed of metal pickets, glass or other approved material that allows full
or partial viewing through.
View Wall:
A security or privacy screen that is part solid wall and part view fence.
Vineyard:
Land used for the growing of grapes including storage of related equipment and
accessory uses. It may also include a winery, tasting room, wine cellar, bottling, and any other uses
related to the production of wine.
Wall, Community:
A wall within and along the perimeter of the Spring Valley that is designed to
enhance the community theme.
Wall, Parcel:
A wall not designated as a community wall within a neighborhood, including a wall
between individual parcels and rear and side yard privacy walls.
Warehousing and Storage, Ministorage:
Provision of storage space for household or commercial
goods within an enclosed building with direct public access to individual storage spaces. This may
include vehicle storage to a maximum of 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 outdoor storage.
Water Conserving Plant Materials:
Plant materials that require little or no irrigation.
Wholesaling Distribution and Storage:
Storage and distribution facilities without direct public
access for merchandise to retailers, to industrial, commercial, institutional, or professional business
users, to other wholesalers and to members of such businesses.
Winery:
A facility dedicated to producing, warehousing, distributing, and selling of wine and other
associated products. A winery may include a crushing facility, bottling equipment, barrel storage,
agricultural equipment and storage. A tasting room, restaurant, events center, and retail sales
associated with the winery may be included as accessory uses.
Wireless Communication Facility:
Any unstaffed facility that transmits and/or receives signals by
electromagnetic or optical means, including, without limitation, antennas, microwave dishes,
satellite dishes or similar structures supporting such equipment.
ORDINANCE NO. 710 – Page 20
Zero Lot Line Development:
The location of a building on a lot in such a manner that one or
more building sides have no (zero) building setback (or yard requirements) and rests directly on a
side or rear lot line.
ORDINANCE NO. 710 – Page 21
CHAPTER 2: PERMITTED USES
11A-2-1: USES:
11A-2-2: LAND USE DISTRICTS
11A-2-3: LAND USE STANDARDS:
11A-2-4: SETBACKS AND GENERAL LOT DEVELOPMENT REGULATIONS:
11A-2-1 USES:
Spring Valley is an approximately 6,017 acres planned community located in the North Eagle
Foothills and will contains mix of residential, commercial, employment, public, institutional, civic,
service, recreational and open space uses. The zoning of the site is Residential One with a
Development Agreement (R-1-DA) as identified on the City of Eagle’s official Zoning Map in ECC
8-2-1. The maximum development intensity for the site is 7,160 residential units and 245 acres of
non-residential uses.
11A-2-2 LAND USE DISTRICTS
Each Planning Unit Master Plan (PUMP) shall identify the Land Use District(s) proposed on each
parcel in accordance with Chapter11A-7 of this Title. The following Land Use Districts are found
within Spring Valley:
A.Village Center.
The Village Center (VC) district is the heart of the community and the
main activity center for Spring Valley and is designed to accommodate commercial,
community, residential and cultural activities. This district may include shopping, business
and professional offices, research and development, hotel and resort uses, vineyards and
wineries, cultural, educational, civic, community facilities, and parks and recreational
facilities to serve the entire Spring Valley population. Medium to high density residential
areas may be included as a secondary use and residential units may be stacked vertically
above business uses.
B.Mixed Use.
Mixed Use districts are comprised of Highway Mixed Use (HMU) and Mixed
Use (MU) and are intended to provide a variety and mixture of retail, business, residential
and employment opportunities for Spring Valley and area residents. The HMU district is
located next to State Highway 16 at the northern entrance to Spring Valley and the
MU district is located interior to the community. The HMU district is designed to provide
highway-oriented businesses as well as similar and more intensive uses than found in the
MU district. These districts will accommodate office, flex space, light manufacturing,
research and development, shopping, business, lodging, professional and support
commercial services, primary, secondary and higher educational facilities, parks and
recreation facilities, vineyards and wineries, and residential uses.
ORDINANCE NO. 710 – Page 22
C.Commercial
. Commercial districts are intended to provide commercial facilities designed
for use by community or area residents that will provide most of the daily and weekly
support services that residents require on a regular basis. Commercial centers may be
Community Commercial (CC) or Neighborhood Commercial (NC) and may include retail
and convenience businesses, shopping centers, professional offices, and vineyards and
wineries. Residential uses may be included in the NC district.
D.Residential.
Residential districts are intended to provide residential neighborhoods with a
range of lot sizes and housing types depending on location, site conditions, and market
influences to create a community that emphasizes housing diversity. Residential districts are
comprised of Single-Family Detached (RR, ER, SF1, SF2, SF3, SFZL, SFSL), Single-
Family Attached (SFA) and Multi-Family (MF1, MF2) at various densities and mixes.
Residential districts may also include schools, day care facilities, worship sites, parks,
playfields, and other recreational facilities, golf courses, resorts, vineyards and wineries, and
other complementary uses. Some residential uses are also permitted in non-residential land
use districts as shown in Table 2.1. Refer to Table 2.2 for residential land use descriptions
and density ranges.
E.Open Space.
Open Space districts consist of Community Open Space (COS) and Regional
Open Space (ROS).
Community Open Space
1.may be allowed in any of the other land use districts and is
land set aside for recreation, agriculture, habitat, vegetation, scenic, or similar uses and
is intended to primarily serve the Spring Valley community. Community Open Space
may include public, semi-public, and private recreational facilities, amphitheaters, golf
courses, pathways and trails, landscape zones in and adjacent to major roadways
including areas outside of a dedicated right-of-way, greenbelts, cultural, community,
educational, and quasi-public facilities, equestrian centers and trailheads, as well as
parks, playfields and natural open spaces. Agricultural uses, such as vineyards,
wineries and plant nurseries, are considered Community Open Space. Facilities and
tracts of land owned by the Spring Valley Community Association are also considered
Community Open Space.
2. Regional Open Space.
Regional Open Space is intended to serve the general public
and may be adjacent to, or provide connection to, large scale regional open space within
the City’s North Eagle Foothills Planning Area. Regional Open Space may include
many of the amenities provided in Community Open Space as well as active regional
parks, regional trail corridors (such as the Big Gulch Regional Park, Trail and Open
Space Corridor), and large natural areas planned for dedication as permanent natural
open space as part of an Eagle Regional Park and Willow Creek Road Open Space
Corridor. Regional Open Space may be owned and maintained by the City, the Spring
Valley Community Association, a land trust or other conservation group or entity.
11A-2-3 LAND USE STANDARDS
ORDINANCE NO. 710 – Page 23
This Chapter indicates which uses are permitted in each Land Use District. Table 2.1 identifies
those uses permitted by right, those uses that require approval by Conditional Use Permit, and those
uses that are prohibited. The asterisk (*) in the Table’s final column refers to special performance
standards and/or limitations applicable to a particular use. These special standards are found in
Chapter 3 of this Title, Specific Land Use Standards.
F.
Abbreviations used in Table 2.1 are:
P = Permitted Use
C = Use Permitted by Conditional Use Permit, in accordance with Chapter
11A-8
P/C = Use either permitted by right or permitted by Conditional Use Permit
as defined in the Specific Land Use Standards for that use.
A = Accessory Use
Blank/not Listed= Prohibited Uses
ORDINANCE NO. 710 – Page 24
TABLE 2.1 – LAND USE TABLE
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
COMMERCIAL
Adult Business
Auto Body Shops C C *
Auto Gas Stations/Service C P P P C *
Shops
Auto Repair and Service P C C *
Shops (Major)
ORDINANCE NO. 710 – Page 25
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Auto Repair and Service P P P P P *
Shops (Minor)
Auto/Truck Rental C P C C *
Agencies
Auto/Recreational Vehicle P C C *
Sales
Banks/Financial P P P P P
Institutions
Bars/Pubs/Nightclubs P P P P C *
Bed & Breakfast Facilities P P P C C C *
ORDINANCE NO. 710 – Page 26
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Building Materials/Lumber P P P P P
Yards
Car Washes (Full & Self P P P P P *
Service)
Check cashing/Payday
Loans
Childcare Facilities C C C C C C C C C C C C C C C *
(Family/Home Daycare)
Childcare Facilities (Group C C C C C C C C C C C C C C C *
Daycare)
ORDINANCE NO. 710 – Page 27
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Childcare Facilities (Day C C C C C C C C C C C C C C C *
Care Centers/Pre-schools)
Clinics/Urgent Care P P P P P
Facilities
Clubs or Lodges, Public & P P P P P P
Private
Convenience Stores P/C P/C P/C P/C P/C *
Dry Cleaners/Laundries/
P P P P
Laundromats
ORDINANCE NO. 710 – Page 28
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Emergency Health Care P P P P C
Facilities
Entertainment Facilities P P P P C P *
(excluding shooting ranges
and gun clubs)
Flex Space P P P P P *
Food and Beverage Sales P P P P P
Health Clubs P P P P P
Home Occupations A A A A A A A A A A A A A A A *
ORDINANCE NO. 710 – Page 29
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Hospitals (Included P P P C
Related Facilities)
Hotels & Motels P P P P *
Junkyard
Kennels & Pet Shops C C C C C A A *
Laboratories P P P P
Laundromats P P P P P
Liquor Stores C C C C C *
ORDINANCE NO. 710 – Page 30
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Manufacturing, Light P P P *
Mortuaries/Funeral Homes P P P *
Motion Picture/Television P P P P C *
Production Facilities
Nursing/Convalescent C P P C C C
Home/Transitional
Housing
Offices, Business & P P P P P
Professional
Outdoor Storage P P P P P A A A A A A A A A A A A *
ORDINANCE NO. 710 – Page 31
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Parking Lots/Parking P P P P P
Garages (Commercial)
Pawn Shop/Auto Title
Loans
Personal Improvement P P P P P
Personal Services P P P P P
Radio & Television P P P P C *
Broadcast Stations
Recreational Vehicle P C C *
Storage
ORDINANCE NO. 710 – Page 32
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Recycling/Solid Waste C C C *
Transfer Center
Rental Service/Storage P C C *
Yard (Large Equipment)
Research & Development P P P P
Resorts P P P/P/P/C P/C P/C P/C P/C P/C P/C P/C *
C C
Restaurants (w/ and w/o P P P P C *
Drive-thrus) and Catering
Establishments
ORDINANCE NO. 710 – Page 33
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Retail Sales P P P P P
Shooting Ranges/Gun C C C *
Clubs (Indoor)
Shooting Ranges/Gun
Clubs (outdoor)
Shopping Center, P
Community
Shopping Center, P
Neighborhood
Special Care Facility C C C *
ORDINANCE NO. 710 – Page 34
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Veterinary P P P P P C C *
Hospitals/Clinics
Warehousing, Storage, C P P P C *
Ministorage
Wholesaling, Distribution, P P P *
and Storage
RESIDENTIAL
Dwelling, Accessory A A A A A A A A A A A *
ORDINANCE NO. 710 – Page 35
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Dwelling, Multi-Family P P P P P P
Dwelling, Single-Family P P P P P P P P P P P P
Attached
Dwelling, Single-Family P P P P P P P P P P P
Detached
Equestrian Lots P P *
Living Quarters, Accessory A A A A A A A A A A A *
CIVIC, COMMUNITY & PUBLIC/QUASI –PUBLIC
Community Association P P P P P P
ORDINANCE NO. 710 – Page 36
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Buildings and Facilities
Community Gardens P P P P P P P P P P P P P P P P P
Community Information P P P P P P P P P P P P P P P P *
Centers
Conference Centers P P P P
Electric Sub-Stations P/C P/C P/C P/C P/C P/P/P/C P/C P/C P/C P/C P/C P/C P/C P/C *
C C
Equestrian Centers (Public P P P/P/ P P *
& Private) C C
ORDINANCE NO. 710 – Page 37
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Fire/Police Stations P P P P P P/P/P/C P/C P/C P/C P/C P/C P/C P/C P/C P/*
C C C
Golf Courses/Clubhouses P P P P P P P P P P P P
(Public & Private)
Libraries P/C P/C P/C P/C P/C P/P/P/C P/C P/C P/C P/C P/C P/C P/C P/C P/*
C C C
Maintenance Facilities A A A A A A A A A A A A A A A A A
Related to Open Space
Uses
Museums P P P P P
ORDINANCE NO. 710 – Page 38
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Parks, Open Space & Open P P P P P P P P P P P P P P P P P
Space Easements
Post Offices/Annexes P P P P P
Pump Stations P P P P P P P P P P P P P P P P P
Recreation/Community P P P P P P P P P P P P P P P P P
Centers
Recreation Fields, Courts P P P P P P/P P P P/C P /C P /C P P P P P *
& other Sports Facilities C /C /C /C /C /C /C /C /C
Religious Facilities P P P P P P P P P P P P P P P
ORDINANCE NO. 710 – Page 39
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Satellite and Microwave P P P P P P P P P P P P P P P P C *
Dishes
Wastewater Treatment P/C P/C P/C P/C P/C P/P/P/C P/C P/C P/C P/C P/C P/C P/C P/C P/*
Facilities C C C
Water Storage Facilities P/C P/C P/C P/C P/C P/P/P/C P/C P/C P/C P/C P/C P/C P/C P/C P/*
C C C
Wireless Communication C C C C C C C C C C C C C C C C C *
Facilities
EDUCATIONAL
ORDINANCE NO. 710 – Page 40
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Schools, Business P P P P
Schools, Colleges & P P P P
Universities (including
Satellite Campuses)
Schools, P P P P P P P P P P P P P P P
Elementary/Middle/High
Schools (Public & Private)
Schools, P P P P P/
Vocational/Technical C
AGRICULTURAL
ORDINANCE NO. 710 – Page 41
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Agriculture P P P P P P P P P P P P P P P P P *
Plant Nurseries/Sod Farms P P P P P C C P P *
(Retail & Wholesale)
Vineyards P P P P P P P P P P P P P P P P P
Wineries P P P P P C C C P P *
TEMPORARY
Aggregate Processing, C C C C C C C C C C C C C C C C *
Asphalt and Concrete
Batch Plants
ORDINANCE NO. 710 – Page 42
USES DISTRICTS
VLMIXED COMM’L RESIDENTIAL OPEN SEE
G USE SPACE LAN
CTD
R USE
STD
S
11A-
4
VC HMMU CC NC RESF1 SF2 SF3 SFZSFSSFMFMFCOR
U R R L L A 1 2 S O
S
Carnivals and Circuses P P C C C C C *
Farmers Markets P P P P P C C P P *
Roadside Stands C C C C C C C P *
Holiday/Seasonal Sales P P P P P P P P
Special Events C C C C C C C *
Temporary Construction P P P P P P P P P P P P P P P P P *
Offices/ Yards
Temporary Sales P P P P P P P P P P P P P P P *
Offices/Trailers
ORDINANCE NO. 710 – Page 43
ORDINANCE NO. 710 – Page 44
11A-2-4: SETBACKS AND GENERAL LOT DEVELOPMENT REGULATIONS:
These standards are designed to ensure that development within Spring Valley will produce a
built environment of stable, desirable character which is harmonious with existing and future
development and is consistent with the intent and purpose of the Spring Valley Master Plan.
Centralized water and wastewater facilities are required for all subdivision and lot split
applications in all land use districts exceeding one (1) dwelling unit per two (2) acres.
A. General Setback Standards
1.Minimum residential and non-residential district setbacks are outlined in Tables 2.2, 2.3
and 2.4. More restrictive setbacks may be established through the Spring Valley Design
Guidelines prepared by the Master Developer.
2.Dwelling units located in the, VC, HMU, MU, and NC districts shall use the setback
standards for either the applicable non-residential district or for the corresponding
residential district based on density. (For example, a single family detached neighborhood
with a density of up to 10 units per acre in the VC district would use the standards of the
SF3 residential district.)
3.Dwelling units that are stacked above non-residential uses shall use the setbacks of the
non-residential district.
4.Dwelling units in the RR, ER, and SF1 districts shall adhere to the setbacks outlined in
Table 2.2 unless building envelopes are used in which case the more restrictive setbacks
shall apply.
5.Residential setbacks for front, side and rear-loaded single family units shall be measured
from the back of sidewalk, or back of curb if no sidewalk exists, or edge of pavement if no
curb exists, to the foundation of a building or the face of a garage. All other setbacks shall
be measured to the property line or as otherwise noted.
6.Driveway length shall be eighteen (18) feet minimum beyond the back of sidewalk, or
back of curb if no sidewalk exists, or edge of pavement if no curb exists to allow vehicles
to park completely outside the vehicular or pedestrian travel corridor, or three (3) to five
(5) feet to prevent a vehicle from parking in the driveway. No more than three
consecutive dwelling units in a row shall have front loaded driveways between three (3) to
five (5) feet in length. There shall be no such restriction for rear loaded dwelling units.
7.Bay windows, nooks, architectural pop-outs and appendages, fireplaces, cabinets designed
to screen utility meters and similar architectural features may encroach no more than two
(2) feet into any setback, provided they remain at least three (3) feet from the side property
lines and ten (10) feet from the front property line, and do not increase the living space
within the home at the floor line. The maximum width of such structures shall not exceed
thirteen (13) feet in total for any facade.
ORDINANCE NO. 710 – Page 45
8.Roof overhangs, cornices, and similar architectural features may encroach no more than
two (2) feet into any setback provided they remain at least three (3) feet from the property
line.
9.Balconies must maintain the setback required for the structure to which they are attached
and may not extend into the required setback area except on lots which adjoin a golf
course, park area, common open space, or similar open space. In such case the balcony
may extend into the setback area toward the open space a distance equal to fifty percent
(50%) of the required setback provided they remain at least five (5) feet from the property
line. Balconies on multi-family units may also overhang a sidewalk up to five (5) feet so
long as they do not encroach into the public right-of-way.
10.Interior fire escapes are encouraged. Exterior fire escapes shall encroach no more than 6
feet into any setback provided they remain at least three (3) feet from the property line.
Exterior fire escapes are allowed in the side or rear yards only.
11.Accessory dwellings, including guesthouses, casitas, and caretaker/domestic units shall
comply with the setback and height standards for the district they are located in as set
forth in Tables 2.2, 2.3 and 2.4 or as otherwise described in Chapter 4 of this Title.
12.Accessory structures shall not be permitted in the front or street side yards except for
garages and accessory dwellings which shall comply with the setback standards of the
applicable residential district. Accessory structures less than one hundred and twenty
(120) square feet in area and less than seven (7) feet in height are permitted in the interior
side or rear yards, but must remain at least five (5) feet from the property line and
maintain a minimum separation of six (6) feet from the principal dwelling. Accessory
structures one hundred and twenty (120) square feet in area or larger shall comply with the
minimum setbacks shown in Tables 2.2, 2.3 and 2.4 and shall be limited to a maximum
height of twenty five (25) feet.
13.Attached patio covers, awnings, carports, trellises and similar structures and architectural
elements within residential districts may encroach no more than two (2) feet into the front
setback and may encroach into the side and rear setbacks up to fifteen (15) feet provided
they remain at least 5 feet from the property line. These setbacks are measured from the
supporting posts; however, overhangs may extend up to three (3) feet from a property line.
Such structures must remain open without the use of siding, screens or other enclosures.
Enclosed structures must conform to the setback standards for the principal dwelling.
14.Awnings, trellises and similar structures and architectural elements in non-residential
districts may overhang a sidewalk up to six (6) feet so long as they do not encroach into
the public right-of-way or affect a tree canopy.
15.Open porches for residential dwellings may project up to five (5) feet into the required
front yard setback provided they remain at least three (3) feet from the back of a sidewalk
or eight (8) feet from the back of a curb if no sidewalk exists.
16.Swimming pools shall only be permitted in the side or rear yard areas. Swimming pools
shall maintain a minimum setback of three (3) feet from the water’s edge to property lines
and easements. Any setback, if required, from the dwelling or other buildings on the same
lot shall be determined by the City Building Department.
ORDINANCE NO. 710 – Page 46
B. Building Heights
1.Building heights shall be measured from the finished floor elevation closest to the finished
grade to the top of the roof. The height of the building may follow the slope of the
contour of the lot (grade adaptive architecture). Top of roof means ridgeline or the highest
point of any architectural element concealing roof top equipment, excluding chimneys and
vents. The height restrictions are not intended to limit the number of stories
2.Height Restrictions do not apply to chimneys, which are governed by the building code.
3.Themed, non-habitable structures or parts of structures, such as church steeples and clock
towers, may be allowed up to 60 feet in height in the CC, NC and residential districts and
may be allowed up to seventy-five (75) feet in height in the VC, HMU and MU districts
with a conditional use permit, except where the height of such structures will constitute a
hazard to the safe landing and takeoff of aircraft at an established airport
4.Refer to Tables 2.2, 2.3 and 2.4 for maximum building heights.
C. Residential Density
1.Residential density, as shown on Table 2.2, shall be determined on a gross area basis.
Gross area includes the area within the adjacent right-of-way to the center line of the street
prior to any right-of-way dedication.
D.Refuse Storage/Disposal
Every parcel with a multi-family or commercial use shall have a trash receptacle on the premises.
The trash receptacle shall be of sufficient size to accommodate the trash generated by the use and
must be a minimum of fifty (50) feet from any single-family residential property. The receptacle
shall be screened from public view on at least three sides by a solid wall or structure six (6) feet
in height and on the fourth side by a solid gate not less than five (5) feet in height. Trash
structures must be compatible in materials with the principal building(s). Trash receptacles for
single-family homes must be stored within the enclosed garage or screened from the right-of-
way behind a fence.
E.Hillside Development and Grade-Adaptive Housing
Guidelines for hillside development and grade-adaptive housing are contained in the Grading
Guidelines and Hillside Development Standards for Spring Valley.
F. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to
any lot line of a residential district; except that the minimum yard requirements may be reduced
to fifty percent (50%) of the requirement if acceptable screening approved by the City is
provided. Such screening shall be a masonry or solid fence between four (4) and eight feet (8') in
height, maintained in good condition and free of all advertising or other signs along with
landscaping in accordance with the Buffer Area and Screening requirements in the Spring Valley
Landscape Guidelines. Landscaping provided in lieu of such wall or fence shall not be allowed.
ORDINANCE NO. 710 – Page 47
TABLE 2.2 – SINGLE FAMILY RESIDENTIAL DISTRICT DEVELOPMENT
STANDARDS
SINGLE FAMILY RESIDENTIAL USES
DISTRICT MAXIMUM MINIMUM MINIMUM MAXIMUM
SETBACKS HEIGHT
DENSITY LOT AREA
(RR) 1 unit per 2 gross 1.0 Acre Front: 35’
acres
Rural
Front Garage:
50’
Residential
Side Garage: 30’
Living: 40’
See Note 1
Interior Side: 20’
Street Side: 30’
Rear: 30’
(ER) 2 unit per gross .3 acre Front: 35’
Estate acre
Front Garage:
Residential
30’
Side Garage: 25’
See Note 1
Living: 25’
Interior Side: 10’
Street Side: 25’
Rear: 30’
(SF1) 5 unit per gross 8,000 s.f. Front: 35’
Single-Family acre
Front Garage:
Detached
25’
Side Garage: 15’
See Note 1
ORDINANCE NO. 710 – Page 48
SINGLE FAMILY RESIDENTIAL USES
DISTRICT MAXIMUM MINIMUM MINIMUM MAXIMUM
SETBACKS HEIGHT
DENSITY LOT AREA
Living: 15’
Interior Side:
7.5
’
Street Side: 20’
Rear: 25’
Alley Garage: 5’
(SF2) 7 units per gross 6000 s.f. Front: 35’
Single-Family acre
Front Garage:
Detached
20’
Side Garage: 10’
See Note 1
Living: 10’
Interior Side: 5’
Street Side: 15’
Rear: 20’
Alley Garage: 5’
(SF3) 10 units per gross 4,000 s.f. Front: 35’
Single-Family acre
Front Garage:
Detached
20’
Side Garage: 10’
Living: 10’
Interior Side: 5’
Street Side: 15’
ORDINANCE NO. 710 – Page 49
SINGLE FAMILY RESIDENTIAL USES
DISTRICT MAXIMUM MINIMUM MINIMUM MAXIMUM
SETBACKS HEIGHT
DENSITY LOT AREA
Rear: 15’
Alley Garage: 5’
(SFZL) 10 units per gross 4,000 s.f. Front: See 35’
note 2
Single-Family acre
Zero Lot Line
Interior Side: 10’
Street Side: 15’
See Notes 2 & 3
Rear: 15’
Alley Garage:
3’-5’
(SFSL) 12 units per gross 3,000 s.f. See Special Lot 38’
acre Development
Single-Family
Standards, Sec.
Special Lot
2.6
(SFA) 18 units per gross n/a Front: See note 38’
2
Single-Family acre
Attached
Interior Side: 5’
Street Side: 15’
See Notes 2 & 3
Rear: 15’
Alley Garage:
3’-5’
Notes:
In the RR, ER and SF1 districts, the rear setback may be reduced to twenty (20) feet if the
1.
rear property line is adjacent to open space that is a minimum of 50 feet wide. In the SF2
district, the rear setback may be reduced to fifteen (15) feet if the same condition exists.
ORDINANCE NO. 710 – Page 50
In the SFZL and SFA districts, the front building setback, exclusive of the garage, may be
2.
eight (8) feet. The front setback to a side entry garage may also be eight (8) feet. The
setback to a front entry garage shall be either eighteen (18) feet or more or three (3) to
five (5) feet. Setbacks between five (5) feet and eighteen (18) feet are not allowed.
In the SFZL district, the side setback shown is for the non-zero lot line of the dwelling.
3.
In the SFA district, the side setback shown is for the non-party wall side of the dwelling.
TABLE 2.3 – MULTI-FAMILY RESIDENTIAL DISTRICT DEVELOPMENT
STANDARDS
MULTI-FAMILY RESIDENTIAL USES
DISTRICT MAXIMMINIMUMINIMUM MAXIMUM
UM M
SETBACKS HEIGHT
DENSITOPENSPA
CE
Y
(MF1) 28 units 20% of the 20’ from the exterior 45’; (60’ in the VC,
per acre site property lines of the HMU & MU Districts)
Medium Density
development and 10’
Multi-Family
1
between buildings
(MF2) 40 units 20% of the 20’ from the exterior 45’; (60’ in the VC,
per acre site property lines of the HMU & MU Districts
High Density
development and 10’
Multi-Family
1
between buildings
Notes:
1. In all multi-family districts, garage door setbacks may be either18 feet or more or three
(3) to five (5) feet. Setbacks between 5 feet and 18 feet are not allowed.
TABLE 2.4 – NON-RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
NON-RESIDENTIAL USES
DISTRICT MINIMMAXIMUMINIMUM MAXIMUM
M F.A.R.
UM
SETBACKS HEIGHT
LOT
AREA
ORDINANCE NO. 710 – Page 51
NON-RESIDENTIAL USES
DISTRICT MINIMMAXIMUMINIMUM MAXIMUM
M F.A.R.
UM
SETBACKS HEIGHT
LOT
AREA
(VC) Village N/A 4.0 Front: 60’
Center 0’
Interior Side:
0’
Street Side:
0’
Rear:
0’
(HMU & MU) N/A 4.0 Front: 60’
0’
Highway Mixed
Use & Mixed Use
Interior Side:
0’
Street Side:
0’
Rear:
0’
(CC) Community 10 Acres .5 Front: 40’
Commercial 20’
Interior Side:
0’
Street Side:
0’
Rear:
0’
ORDINANCE NO. 710 – Page 52
NON-RESIDENTIAL USES
DISTRICT MINIMMAXIMUMINIMUM MAXIMUM
M F.A.R.
UM
SETBACKS HEIGHT
LOT
AREA
(NC) 3 Acres .5 Front: 35’
15’
Neighborhood
Commercial
Interior Side:
0’
Street Side:
10’
Rear:
0’
Notes:
1. The minimum on-site landscape requirement for any non-residential parcel is 10% of the
lot area. The intent of this requirement may be satisfied by interior plazas of building,
rooftop gardens and parking lot landscape consistent with Chapter 3 of this Title. This
requirement may be waived if the lot coverage is above eighty percent (80%).
F. SINGLE-FAMILY SPECIAL LOT (SFSL) DEVELOPMENT STANDARDS
The SFSL district offers alternative site planning and housing mix opportunities from the typical
single-family detached development. SFSL projects shall conform to the following:
:
1.Applicability A parcel may be developed using a combination of SFSL types.
2.Development Standards:Development standards for each SFSL type are shown in
Exhibits 2.2 through 2.8. Alternative SFSL types may be added to these Standards in the
future through a modification of these Standards (see Chapter 8 of this Title) to reflect
new housing designs and neighborhood configurations.
3.Parking:
ORDINANCE NO. 710 – Page 53
a.Two enclosed garage spaces are required for each dwelling unit. Tandem garage
spaces shall satisfy this requirement.
b.All SFSL projects shall also provide guest parking spaces as follows:
1.One guest space shall be provided for every four units.
2.On-street parking is acceptable for guest parking when sufficient street width
exists per ACHD road standards and there are no conflicts with utilities or
driveways. When off-street guest parking areas are provided in lieu of on-
street parking, such parking areas shall be distributed as evenly as possible
throughout the SFSL project.
ORDINANCE NO. 710 – Page 54
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ORDINANCE NO. 710 – Page 61
Chapter 3 Design Review
11A-3-1: GENERAL APPLICABILITY:
11A-3-2: PURPOSE AND GOALS:
11A-3-3: EFFECT OF OTHER PROVISIONS:
11A-3-4: DEFINITIONS
11A-3-5: EAGLE ARCHITECTURE AND SITE DESIGN BOOK (EASD)
11A-3-6: DESIGN REQUIREMENTS, OBJECTIVES, AND CONSIDERATIONS
11A-3-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS
11A-3-8: SIGNAGE
11A-3-9: LIGHTING
11A-3-10: ADMINISTRATIVE AND BOARD LEVEL APPLICATIONS
11A-3-11: APPLICATION REQUIREMENTS
11A-3-12: NOTIFICATION
11A-3-13: DESIGN REVIEW APPLICATION PROCESSING
11A-3-14: APPEALS
11A-3-15: TERMS OF APPROVAL
11A-3-16: MODIFICATIONS
11A-3-17: RESTRICTIONS ON OTHER REQUIRED DOCUMENTS
11A-3-18: SURETIES
11A-3-19: INSPECTIONS
Chapter 3 Design Review
11A-3-1: GENERAL APPLICABILITY:
This Title applies to all proposed development located within Spring Valley and requires the
submittal of a design review application pursuant to this Title and fee as prescribed from time to
time by the city council.
The following are specifically excluded from the requirements of design review: development of
an individual single-family detached dwelling on a single parcel, an individual duplex (2
dwelling units), and an individual townhome consisting of a maximum of two (2) dwelling units.
11A-3-2: PURPOSE AND GOALS:
A. Purpose: The purpose of this Title is to:
ORDINANCE NO. 710 – Page 62
1. Recognize the interdependence of land values and aesthetics and to provide a method by
which the city may implement this interdependence to the benefit of the community.
2. Encourage the development of private property in harmony with the desired character of the
city and in conformance with the guidelines herein provided with due regard to the public
and private interests involved.
3. Provide planning and design guidelines to give specific direction for development, while
allowing for flexibility that promotes creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specify desirable building
and landscape architectural styles and materials to create a sustainable and pleasing environment
for residents and visitors alike. The architectural designs, materials, and graphics set forth in this
Title are compiled to create a theme unique to the area called "Spring Valley architecture".
11A-3-3: EFFECT OF OTHER PROVISIONS:
If any provision of this Title is found to be in conflict with any other provision of Title 11A,
building, fire safety or health ordinance or other provision of this code, the provision which
establishes the higher and/or more restrictive design standard shall prevail.
11A-3-4: DEFINITIONS:
Certain words or phrases used in this Title shall be interpreted as defined within a particular
Chapter, as defined within this Title, or as defined in Chapter 1 of this Title, with the more
specific and/or more restrictive definition controlling. Any other words or phrases not
specifically defined shall be interpreted to give this Title its most reasonable application.
11A-3-5: EAGLE ARCHITECTURE AND SITE DESIGN BOOK (EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this Title. The EASD book, established through a
resolution of the city council, contains many of the exhibits referenced in this Title and is
incorporated herein by reference. The architecture styles found in the EASD book are permitted
styles. Architectural styles not shown within the EASD book will not be considered. A copy of
ORDINANCE NO. 710 – Page 63
the EASD book is available at Eagle city hall. All applications made pursuant to this Title shall
also be reviewed in accordance with the Eagle architecture and site design book.
11A-3-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:
A. General Objectives And Considerations: The following apply to Spring Valley. The
following, including the provisions set forth in the Eagle architecture and site design book,
contains a listing of objectives applied to each application, and a listing of matters which shall
be considered by the design review board. The objectives are separated into two (2) sections:
site design and building design. Specific aspects of design should be examined to determine
whether the proposed development will provide a desirable environment for its occupants as
well as for its neighbors, and whether, aesthetically, the composition, materials, textures and
colors meet the intent of this Title. The design review board shall consider the following
criteria in reviewing the application:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
a. The functional relationship of the structures and the site in relation to its surroundings;
b. The impact and effect of the site development plan on traffic conditions on contiguous
streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access points,
building location and total site development to prevent traffic conflict or congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and
vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the project
and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
ORDINANCE NO. 710 – Page 64
i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion
and conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
l. The provision of safe pedestrian and bicycle connections between neighborhoods and
commercial areas.
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties
through the proper use of screening with sound and sight buffers, and unsightly areas shall
be concealed or screened and the design review board shall consider:
a. The location, height, and materials of walls, fences, hedges and screen plantings to
ensure harmony with adjacent development;
b. The location and type of new plantings, with due regard to preservation of specimen
and landmark trees, and to maintenance of all plantings;
c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas, trash receptacles, service areas, truck loading areas,
utility buildings and other unsightly developments;
d. The installation of sound and sight buffers, the preservation of public views, light and
air, and the consideration of those landscape aspects of design which may have
substantial effects on neighborhood development, land uses, and amenities;
e. The design and use of open spaces and parks; and
f. The permanent maintenance of all landscaped areas and fencing.
3. Site Grading And Drainage: The onsite grading and drainage shall be designed so as to
maximize land use benefits and to minimize off site impact and provide for slope and soil
stabilization to prevent erosion and the design review board shall consider:
a. The existing and proposed grading relative to soil removal, fill work, retainage, soil
stabilization, erosion control on the site and the adjacent terrain and streets, and
adoption of the development to the existing site contours;
ORDINANCE NO. 710 – Page 65
b. The planting of ground covers or shrubbery to prevent dust, to stabilize soils and
embankments and to control erosion;
c. Existing and proposed storm drainage ways, canals, floodway and floodplains relative
to flow or alignment alterations, containment and endangerment of health; and
d. The maintenance of floodway, floodplains, drainage ways, channels, culverts, head
gates, canals, and soils.
4. Signage: Signing for any project shall provide for business identification and minimize
clutter and confusion on and off the site, and shall be in compliance with this Chapter. The
design review board shall consider:
a. The "overall sign concept" for multi-tenant business centers to assure that it addresses
the continuity between tenant sign design and building design;
b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by
or partially attributable to the distraction and obstruction of improperly located and
designed signs;
c. The provision for effective and necessary business identification systems adapted to
the building design;
d. The continued maintenance of signs throughout their life; and
e. The size, location, design, color, texture, lighting, landscaping, and hours of
operations of all permanent signs and outdoor advertising structures or features to
ensure that any such proposals do not detract from the function of, or design of,
buildings, structures, surrounding properties, neighborhoods, or streets.
5. Utilities: Utility service systems shall not detract from building or site design. Cable,
electrical, and telephone service systems shall be installed underground, and the design
review board shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
b. The location and design of transformers, pad mount and roof mounted mechanicals
and electrical equipment shall be reviewed and approved by the design review board.
All roof mounted mechanicals shall be completely screened from view through the
use of a parapet wall when utilizing a flat roof design or shall be enclosed within the
building when utilizing a roof design other than a flat roof. "Screened from view"
ORDINANCE NO. 710 – Page 66
shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the
perspective generally as shown on an elevation plan);
c. The location and sizes of all utility lines, manholes, poles, underground cables, gas
lines, wells, and similar installations; and
d. The continued maintenance of these service systems.
6. Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed
use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies, bays, porches, covered entries,
overhead structures, awnings, changes in building facade and roofline alignment, to
provide shadow relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and
existing area development. Use of color to provide blending of materials with the
surrounding area and building use, and the functional appropriateness of the proposed
building design as it relates to the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Spring Valley
architecture.
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this Chapter are allowed. If a material proposed for construction is not
listed in this Chapter it shall be upon the discretion of the Administrator, the design review
board, and the city council, whichever the case may be, to determine the appropriateness of
such material.
1. Exterior walls and soffits:
ORDINANCE NO. 710 – Page 67
a. Wood: cedar (clear) and redwood (clear) _ architectural/premium grade. Log siding,
wood shingle are permitted for accent only, twenty five percent (25%) maximum wall
coverage (per each facade);
Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited.
b. Fiber cement;
c. Masonite: horizontal lap only, maximum six inch (6") reveal;
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
e. Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face
block for accent only, ten percent (10%) maximum wall coverage (per each facade);
h. Stucco: twenty five percent (25%) planer change required, additional accents shall be
incorporated through the use of other material(s);
i. EIFS: permitted for accent only, ten percent (10%) maximum wall coverage (per each
facade). Additional accents required through the use of other materials;
j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils,
shutters, dormers, cupolas, columns;
k.Metal: metal siding shall be anodized, shall have a concealed fastener system, shall
have a silicon polyester finish or equivalent, and shall include special design
treatments to enhance its appearance. These treatments may include brick or masonry
wainscot treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the
face of the building oriented towards the road.
A waiver of this subsection B1k on metal siding may be allowed where the applicant
shows that the metal is architecturally compatible with surrounding buildings; is
architecturally compatible with other nonmetal buildings in the city; and is attractively
landscaped, designed, and situated, to eliminate the stark utilitarian look intended to be
ORDINANCE NO. 710 – Page 68
prevented by this subsection.
2. Roofs:
a. Wood shakes/shingles: premium on number 1 grade;
b. Architectural grade textured composition shingles;
c. Tile: cemetitous, clay;
d. Slate;
e. Metal; standing seam, batten seam (concealed fasteners required); Metal, standing
seam/batten seam is prohibited on mansard roof sections facing a road.
f. Flat roof specification: single ply, built up (both nonreflective).
3. Fences:
a. Vinyl: integral color required;
b. Block (with columns);
c. Brick (with columns);
d. Wrought iron;
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be
permitted.
4. Decks and patios:
a. Concrete (stamped finish and smooth finish);
b. Brick pavers;
c. Wood-polymer composite lumber;
d. Wood (pressure treated, redwood).
5. Colors:
ORDINANCE NO. 710 – Page 69
a. Earthen tones are encouraged.
b. Flat or low gloss finishes are encouraged.
c. Roof mounted mechanicals, all vents protruding through the roof, and similar features
shall be painted so as to match the color of the roof.
d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior
colors of the building.
6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to the maximum height as established in Chapter 11A-2-4.B.2 and tables 2.2
through 2.4 of Title 11A, Chapter 2. Additional height may be permitted if a
conditional use permit is approved by the city council.
C. Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian
lighting, bollards, public art, kiosks and furnishings. In areas anticipated to have higher
concentrations of pedestrian use wider sidewalks and a further varied number of amenities are
to be made available to enhance the pedestrian experience and to further encourage the health
of the business community. Examples of streetscape design and amenities are shown within
the EASD book and in the Urban Streets Standards, Exhibit 4-E of this Chapter.
At a minimum, the following specific streetscape criteria shall apply:
1. Street trees shall comply with the requirements contained in Chapter 7 of this Title. Any
tree located within a concrete area shall include tree grates and tree wells as depicted on the
tree well and tree grate exhibit within the EASD book. Root barriers shall be required to
limit future sidewalk damage from tree roots.
2. Bollard style pedestrian lighting shall be required along all pathways not illuminated by
street and/or site lighting.
3. Bollards or other approved treatment such as street trees, planters, benches or special
paving , as approved by the Design Review Board, shall be required at all bulb outs.
4. Public art is encouraged and/or areas should be made available for the placement of public
art in the future.
5. Furnishings shall be required for all applications incorporating streetscape improvements,
pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches,
ORDINANCE NO. 710 – Page 70
seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall lamps, waste
receptacles and other similar amenities as may be approved by the design review board.
Furnishing examples are depicted within "urban accessories" section of the EASD book.
11A-3-7 LANDSCAPE AND BUFFER AREA REQUIREMENTS:
A.Overview and Intent: The existing (non-developed) landscape character of Spring Valley,
and much of the North Eagle Foothills, is predominantly non-native grasslands with some
shrubs and agriculture and is quite different from the rest of Eagle and the Boise River
corridor which contain dense plantings and large buffer areas along arterials and collector
roadways, irrigated pastures, and riparian woodlands. The intent of these standards is to
provide a landscape character that is appropriate to the foothills and balances aesthetics and
livability with water demands and availability. These standards promote water conservation
through the use of treated effluent for irrigation, efficient irrigation systems, and the use of
native and other plants that require little or no irrigation to survive. In addition, these
Guidelines shall be used in conjunction with the Grading Guidelines and Hillside
Development Standards, Habitat Mitigation Plan and Wildfire Management Plan.
The landscape concept for Spring Valley can be best described as a “Foothills Landscape.”
This concept is based on the landscape of the northern Rocky Mountain foothills and high-
plains prairie. Foothills Landscape will be characterized by diverse layers of both deciduous
and evergreen shrubs and trees that will create interest through its broad palette of indigenous
material and other plants, including turf, utilized throughout the region. This concept also
takes advantage of soil and exposure conditions to develop potential vineyard groves
throughout the community with the rolling foothills as the backdrop.
B.Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale (no smaller than 1 inch equals 30 feet) and shall indicate the following:
1. Boundaries, property lines, and dimensions.
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity, and spacing and
size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth berms, walls,
fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas.
ORDINANCE NO. 710 – Page 71
7. Planting and installation details as necessary to ensure conformance with all required
standards.
C.Landscape As Percent Of Site:
1. Landscaping shall cover a minimum of fifteen percent (15%) of the property on multi-
family residential developments. Hardscape plaza areas, such as decorative concrete/paver
patios that are integrated into the design of the landscaped area, may be included in the
fifteen percent (15%) landscape coverage requirement.
2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area, may be included in the ten percent (10%)
landscape coverage requirement.
3. All landscape improvements required in this Chapter shall count toward fulfillment of the
above minimum percentages.
4. If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a minimum
of twenty five feet (25') (on site) beyond the proposed development.
D.Existing Vegetation:
1. Retention Of Existing Trees: Existing healthy trees, as determined by an arborist, shall be
retained or relocated on site unless a Tree Removal Application is filed and removal is
approved in writing by the city in accordance with City Code 6-7-6. 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 from the Spring Valley Tree List in subsection Y of
this Chapter is required as follows:
ORDINANCE NO. 710 – Page 72
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/ inches to 12 inches 1.5x caliper of tree removed
4
12 1/ inches or more 1x caliper of tree removed
4
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. Existing healthy Existing healthy native plants and vegetation to be retained within the
Habitat Areas of Special Concern shall be identified on the Habitat Mitigation Plan of the
applicable PUMP as areas that are to be retained or replanted as native open space.
3. 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. Any severely damaged tree or shrub shall be replaced in accordance with
subsection D-1 of this Chapter.
4. 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.
ORDINANCE NO. 710 – Page 73
5. Minimum Landscaping: Existing healthy trees or native vegetation which is to be
retained may be used to satisfy the minimum required landscaping.
E.Prohibited Materials And Landscaping:
1. No required landscape areas shall include artificial trees, plants, or any carpeting designed
as a vegetative substitute. Artificial turf may be used for non-required landscape areas such
as sports fields and putting greens.
2. Clear vision triangles shall be observed in regard to all vegetation. All shade trees planted
within vision triangles shall be pruned to a minimum seven feet (7') above the adjacent
sidewalk and fourteen feet (14') above the adjacent roadway surface whenever branches
overhang such improvements. Shrubs and ground covers planted within the vision triangle
shall not exceed three feet (3') height at maturity. The boundaries of the vision triangle shall
be shown on the landscape plans and are defined by measuring from the intersection of the
edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the
two (2) points with a straight line.. In all cases, ITD and ACHD standards shall apply also.
3. When the city determines that a sight obstruction exists, it shall notify the owner of the
property upon which the obstruction is located and order that the obstruction be removed
within fifteen (15) days.
4. All violations of these standards and Eagle City code shall be subject to the requirements
of ECC 1-4.
F.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. Soil and slope
stabilization measures shall comply with those contained in the Spring Valley Grading
Guidelines and Hillside Development Standards. Manufactured slopes shall be re-vegetated
within the first planting season following completion of construction.
ORDINANCE NO. 710 – Page 74
3. Re-vegetation of slopes and other areas intended to re-establish native vegetation shall use
a site-specific, city approved Upland Re-Vegetation Seed Mix consisting of plants contained
in the Native Open Space and Upland Re-Vegetation Plant List contained in subsection Y of
this Chapter. Native species are emphasized, but desirable non-native species may also be
used. Plugs, potted plants and transplants and a variety of grasses, forbs and shrubs may be
added to re-establish a diverse stand of native or desirable plant species. Additional plants
not on the list may be proposed, but must be approved by the City on the Environmental
Landscape Plan of the applicable PUMP.
4. Class I, II and III trees planted with the ACHD right-of-way shall meet the following
ACHD minimum standards:
Class Offset Planter Width
I 5 feet 1,2 10 feet
II 5 feet 1 8 feet 3
III 5 feet 1 10 feet
Notes:
1.A 5-foot offset is required from the edge of sidewalk when the sidewalk is
attached to the curb or 5 feet from the curb when no sidewalk exists.
2.Class I trees shall be planted where they will not overhang the sidewalk or curb
without pruning.
3.A 6-foot wide planter may be allowed with an ACHD waiver and a root barrier.
5. Only Class I trees may be planted under or within ten feet (10’) of any overhead line.
6. Conifers are prohibited as a street tree, but are allowed outside the right-of-way and vision
triangle.
7. Trees of any type shall not be planted within ten feet (10’) of any street light, storm drain
facility, drain inlet, structure of piping system, seepage bed, fire hydrant or utility box.
ORDINANCE NO. 710 – Page 75
8. Root barriers shall be installed for all new trees planted adjacent to existing or proposed
public or private sidewalks and paving. Root barriers shall extend a minimum of eighteen
inches (18”) below the sub-grade on the sidewalk side and a minimum of twenty four inches
(24”) below sub-grade on the curb side. Root barriers shall extend two inches (2”) above the
ground and key into the road feature. When trees are planted in formal patterns at consistent
spacing along curbs and straight sidewalks, barriers shall be constructed at the same time as
the street and the sidewalk. When trees are planted at minimum spacing, the barrier shall run
continuously along both the curb and sidewalk features which it is designed to protect. When
trees are planted in informal patterns at random spacing along meandering sidewalks, barriers
may be installed at the time of planting. All root barriers within or adjacent to the public
rights of way shall conform with ACHD and ITD standards.
9. All landscaped areas adjacent to vehicular areas shall be protected with an approved
curbing material.
10. The minimum acceptable size for deciduous trees shall be two inch (2") caliper, balled
and burlapped.
11. The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7')
balled and burlapped.
12. A maximum of fifty percent (50%) of the required shrubs in a project shall be one (1)
gallon.
13. A minimum of fifty percent (50%) of the required shrubs in a project shall be five (5)
gallon or larger.
14. Hydroseeding of plant material may be used in conjunction with container plants
(shrubs, vines and groundcovers) or by itself for re-vegetating disturbed areas but may not be
used on the interior of commercial sites.
ORDINANCE NO. 710 – Page 76
15. Wetland/riparian areas shall be established in accordance with the recommendations in
the Habitat Mitigation Plan. A wetlands/riparian plant list is provided in subsection Y of this
Chapter.
16. Plant material selection shall be taken from the plant list in subsection Y of this Chapter.
17. 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.
d. Re-vegetated upland areas within the Habitat Areas of Special Concern (HASC) shall
be exempt from this section. Upland areas, as identified in the Habitat Mitigation Plan,
shall not be deemed established and stabilized until seventy percent (70%) of the area no
longer requires supplemental maintenance such as supplemental watering or additional
planting/seeding. Until such time or 3 years, whichever is shorter, the city shall hold a
surety for thirty percent (30%) of the original improvement cost. In the event that
ORDINANCE NO. 710 – Page 77
insufficient funds are available in the surety to meet the establishment criteria, the Spring
Valley Master Developer shall supplement funding in order to reach the establishment
criteria or no further building permits associated with the subject plat will be approved.
G.Tree Species Mix:
1. When more than ten (10) trees are to be planted to meet the requirements of these
guidelines, a mix of species shall be provided. The number of species to be planted shall
vary according to the overall number of trees required to be planted. Species shall be planted
in proportion to the required mix. See the table below:
Required Number Of Trees Minimum Number Of Species
11 - 20 2
21 - 30 3
31 - 40 4
41 plus 5
2. In cases where a formal and consistent landscape design concept is desired, such as in the
Village Center area or a formal streetscape, a minimum of one (1) specie shall be planted
when eighty (80) or less trees are required and a minimum of two (2) species shall be planted
when over eighty (80) trees are required.
3. Landscape shall be designed to maintain its interest throughout the entire year. A
minimum of fifty percent (50%) of the required trees and shrubs in a project shall be
deciduous and a minimum of twenty percent (20%) shall be evergreen.
H.Maintenance:
ORDINANCE NO. 710 – Page 78
1.All required landscapes shall be permanently maintained in a healthy growing condition
by the property owner or property owner’s representative. This includes the maintenance of
street trees and/or other landscape materials within or abutting the public right of way
adjacent to the subject property. The property owner or property owner’s representative shall
remove, and if required to meet the standards of these requirements, shall replace any
unhealthy or dead plant material immediately or as the planting season permits. In all cases,
maintenance and planting within public rights-of-way shall be with approval from the public
and/or private entities owning the property.
2.An initial and long-term monitoring and maintenance plan shall be developed prior to
preliminary platting by the master developer and implemented by the property owner for
native re-vegetated areas and undisturbed areas within the Habitat Areas of Special Concern
(HASC), as identified in the Habitat Mitigation Plan, to gauge the success of re-vegetation
efforts. A noxious weed control plan was developed as part of the Habitat Mitigation Plan
and will be implemented by the property owner to reduce and control invasive and noxious
weeds within the HASC.
I.Completion Time:
1. The Administrator may authorize a delay in the completion of planting during the months
of November, December, January, February, and March due to weather conditions, if a surety
for one hundred fifty percent (150%) of the cost of installation is provided to the city. The
developer may be provided progressive payments out of the surety to the extent of the cost of
the completed portion of the required improvement is completed, inspected and deemed
approved by the City of Eagle.
J.Irrigation Required: An underground automatic irrigation system is required for all
development as defined in Chapter 11A-3-1 of this Title except as described below.
1. All required landscaped areas must be provided with an automatic underground irrigation
system except upland re-vegetation areas that are intended to be naturalized (consisting of
plant species that indigenous to or compatible with the area and do not require permanent
irrigation). An above-ground system or hand watering may be used on a temporary basis
until such areas are established and stabilized. Such areas are considered established and
stabilized when a minimum of seventy percent (70%) of the re-vegetated area can exist
without such supplemental watering.
2. The system shall be equipped with a reduced pressure backflow prevention device.
ORDINANCE NO. 710 – Page 79
3. All spray irrigation systems shall be designed and constructed to provide one hundred
percent (100%) spray coverage.
4. Irrigation systems shall be circuited and zoned for exposure, topography and the varying
water requirements of the plant material.
5. Appropriate sprinkler heads shall be selected and placed as required to reduce direct and
indirect overthrow and overflow onto non-pervious areas (walks, drives, etc.).
6. Overhead or spray irrigation may be used to water turf, pastures, slopes and berms,
flowerbeds and hydroseeded areas.
7. Drip or subterranean irrigation shall be used to water trees (except those in turf areas),
shrubs and groundcovers.
8. Use of non-potable water (treated effluent or re-use water) for use in the irrigation of lawn
and plant material is required for public and common areas when available. Such systems
may be phased or transitioned from potable water as treated effluent becomes available over
time. Areas for transition shall be identified on the irrigation plans. Such public and
common areas include:
a.Landscape along arterial and collector roadways
b.Parks and sports fields
c.Golf courses
d.Community gardens
e.Lakes and ponds
f.Slopes
9. Reuse water may also be used for aquifer recharge and recovery subject to IDWR
approval.
ORDINANCE NO. 710 – Page 80
10. The master developer shall install the re-use system that is separate from the potable
water system and meets all applicable state and local regulations. Stubs shall be provided to
individual parcels to allow parcel developers to tie into the system as needed to irrigate
common areas within the parcel. Such system may initially be installed as a dry line system
to provide future connection to the re-use system when re-use water becomes available.
11. All non-potable water access points shall be clearly and permanently labeled with
markers indicating that the water is not safe for human consumption.
12. Maintain all irrigation systems to ensure proper operation and water conservation.
K. Buffer Areas/Common Lots
1. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible due
to differing facilities, activities, or different intensities of use, such as townhouses and a
convenience store, or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a non-residential use abuts a residential use, a ten foot (10') wide by six foot
(6') high landscaped buffer is required.
b. When a non-residential parking lot abuts a residential activity, a five foot (5') wide by
six foot (6') high landscaped buffer is required.
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated
with any commercial or industrial activity, and off-street loading when adjacent to or in
view from a residential activity or public street right of way, a five foot (5') wide by six
foot (6') high landscaped buffer is required.
3. Materials:
ORDINANCE NO. 710 – Page 81
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a
minimum of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three (3) years and
be maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for
screening.
4. Major Roadways: Residential developments within Spring Valley, including, but not
limited to, subdivisions and multi-family developments, shall be buffered from streets
classified as collectors, arterials, and State Highways, as shown on Exhibit 3-A, or as
determined by ACHD or ITD, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing, except as noted below, shall be measured from the elevation of the final
grade of the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The required buffer area width, plantings, walls and fencing are described
in subsection L below:
ORDINANCE NO. 710 – Page 82
Exhibit 3-A
Master Streets and Circulation Plan
L. Streetscapes
The following standards shall apply to Spring Valley internal and perimeter roadways as
shown on Exhibit 4-A above. In all cases, any planting within public rights of way shall be
with approval from the public entity owning the property. (The rights of way widths and
pavement areas in the sections below are shown for illustrative purposes only. Actual rights
of way widths and lane configurations will be determined by ACHD and ITD as appropriate.)
1.Foothills Arterial Streets
a.The landscape buffer for Foothills Principal Arterials shall be thirty feet (30’)
minimum except adjacent to single family residential uses where it shall be fifty feet
(50’) minimum (not including right of way). See Exhibit 3-B.
b.The landscape buffer for Foothills Minor Arterials (not including Willow Creek Road
which is described below) shall be twenty four feet (24’) minimum except adjacent to
ORDINANCE NO. 710 – Page 83
single family residential uses where it shall be thirty five feet (35’) minimum (not
including right of way). See Exhibit 3-C.
c.A detached sidewalk shall be provided on both sides of the street at least eight feet
(8’) from the back of curb. The sidewalk shall be a minimum of five feet (5’) wide and
may or may not meander depending on the streetscape approved by the City with the
PUMP. Sidewalks may be attached to the curb in front of bus pullouts but shall be six
feet (6’) minimum width in such locations. An eight foot (8’) wide multi-use pathway on
one side of the road may be approved by the city within low density areas (one (1) acre
lots and larger) or along roadways adjacent to Regional Open Space.
d.The following plant material shall be provided, at a minimum, within the limits of the
buffer area along arterial streets:
(1)Three (3) trees per one hundred (100) linear feet of street frontage on each side of
the street except next to single family residential uses where there shall be four (4)
trees per one hundred (100) linear feet.
(2)One (1) shrub/groundcover per seventy five (75) square feet of buffer area
(excluding sidewalks, drives and other hardscape areas). Turf may be used in place
of shrubs/groundcovers, but the amount used shall not exceed 50% of the landscape
area on a plat by plat or phase by phase basis.
(3)The landscape planting along Linder Road and the Highway 16 Principal Arterial
through BLM shall be determined in consultation with BLM and the city.
e.A minimum five foot (5’) high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or fence, or
combination thereof shall be provided within or at the limits of the buffer area adjacent to
single family residential lots or at the property line of such lots. The maximum slope for
any berm, if provided, shall be three feet (3') horizontal distance to one foot (1') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided in combination with the berm, a four foot (4') wide flat
area shall be provided for the placement of the decorative wall. Chain link, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted. Walls or
fencing are not required adjacent to multi-family residential uses, except when necessary
to provide a buffer to enclose private outdoor living space, non-residential uses or open
space.
ORDINANCE NO. 710 – Page 84
Exhibit 3-B
Exhibit 3-C
2.Collector Streets
a.The landscape buffer for collector streets shall be twenty feet (20’) minimum except
where it is adjacent to single family residential uses where it shall be thirty five feet (35’)
minimum (not including right of way). See Exhibit 3-D.
b.A detached sidewalk shall be provided on both sides of the street at least eight feet
(8’) from the back of curb. The sidewalk shall be a minimum of five feet (5’) wide and
may or may not meander depending on the streetscape concept shown on the PUMP.
Sidewalks may be attached to the curb in front of bus pullouts, drop-off areas, on-street
parking areas, and similar circumstances as approved by ACHD and the city, but shall be
six feet (6’) minimum width in such locations. An eight foot (8’) wide multi-use pathway
on one side of the street may be approved by the city within low density areas (one (1)
acre lots and larger) or along streets adjacent to regional open space depending on the
streetscape approved by the City on the PUMP.
c.The following plant material shall be provided, at a minimum, within the limits of the
buffer area:
ORDINANCE NO. 710 – Page 85
(1)Two (2) trees per one hundred (100) linear feet of street frontage except next to
single family residential uses where there shall be three (3) trees per one hundred
(100) linear feet.
(2)One (1) shrub/groundcover per seventy five (75) square feet of buffer area
(excluding sidewalks, drives and other hardscape areas). Turf may be used in place
of shrubs/groundcovers, but the amount used shall not exceed 50% of the landscape
area on a plat by plat or phase by phase basis.
d.A minimum five foot (5’) high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or fence, or
combination thereof shall be provided within or at the limits of the buffer area adjacent to
single family residential lots or at the property lines of such lots. The maximum slope for
any berm, if provided, shall be three feet (3') horizontal distance to one foot (1') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided in combination with the berm, a four foot (4') wide flat
area shall be provided for the placement of the decorative wall. Chain link, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted. Walls or
fencing are not required adjacent to multi-family residential uses except when necessary
to provide a buffer to enclose private outdoor living space, non-residential uses or open
space.
Exhibit 3-D
3. Urban Streets
a.Urban streets may be arterials, collectors or local streets, or stretches thereof, which
are located in the VC, HMU, MU, CC and NC districts.
ORDINANCE NO. 710 – Page 86
b.There shall be no minimum landscape buffer required, however, the minimum
setback from the back of curb to the front plane of the building shall be sixteen feet (16’).
See Exhibit 3-E.
c.Urban streets shall have an attached or detached sidewalk on both sides of the street.
The sidewalk shall be a minimum of eight feet (8’) wide. Street trees in the sidewalk area
shall be planted in tree wells with tree grates or cutouts a minimum of four feet (4’)
square while providing a minimum five foot (5’) clear sidewalk width. Any patios or
outdoor dining and seating areas between the back of curb and building will also provide
a minimum five foot (5’) clear sidewalk width. Paved and/or landscaped bulb-outs or 30
to 60 degree angle entries shall be provided at intersections where on-street parking is
provided.
d.Landscape setbacks not owned by a public entity shall be owned and maintained by
an individual property owner or owners’ association, whichever the case may be.
e.The following plant material shall be provided at a minimum, between the back of
curb and building:
(1) One (1) tree per thirty five (35) linear feet of street frontage (including
driveways) on each side of the street.
Exhibit 3-E
4.Local Residential Streets
a.There are no landscape buffers for local residential streets. The minimum setback for
local streets (both public and private) in single and multi-family residential uses shall
correspond to the building setbacks identified in Chapter 2, Land Use Standards, Table
2.2, Residential District Development Standards, Single Family Residential Uses and
Table 2.3, Multi-Family Residential Uses in the Spring Valley Development Standards.
ORDINANCE NO. 710 – Page 87
b.An attached or detached sidewalk shall be provided on both sides of the roadway as
shown on Exhibit 3-F below. If the sidewalk is detached it must be at least six feet (6’)
from the back of curb with a root barrier or eight feet (8’) without a root barrier to
support a Class II tree and ten feet (10’) to support a Class III tree. The sidewalk shall be
a minimum of five feet (5’) wide and may or may not meander depending on the
streetscape concept. The sidewalk requirement may be waived as part of the PUMP
approval in the following conditions:
(1)A single-loaded street adjacent to a slope (sidewalk shall be required on the
loaded side only).
(2)A double-loaded street in a hillside area where topographic constraints allow
sidewalk on one side of the street only to minimize grading.
(3)Single Family Special Lot (SFSL) neighborhoods as detailed in the Spring Valley
Development Standards (sidewalk shall be required on at least one side of the street).
(4)Low density (one (1) acre and larger lots) neighborhoods (sidewalk requirement
may be waived where a striped four foot (4’) wide shoulder is provided)
c.One shade class (Class II or Class III) selected from the approved tree list in
subsection Y of this Chapter shall be located on both sides of all street with the landscape
strip between the sidewalk and the curb. If the sidewalk is attached, then the tree shall be
planted a minimum five feet (5’) in back of the sidewalk. Trees shall be planted at the
front of each lot generally located on each side of the 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.
d.All mailboxes shall be located outside of the minimum sidewalk width and outside of
required site triangles.
Exhibit 3-F
ORDINANCE NO. 710 – Page 88
5.Willow Creek Road
a.The landscape buffer for Willow Creek Road shall be one hundred feet (100’)
minimum (not including the right of way). See Exhibit 3-G.
b.The following shall be provided, at a minimum, within the limits of the buffer area:
(1) Three (3) trees and eighteen (18) shrubs per one hundred (100) linear feet of right
of way.
(2) A minimum ten foot (10’) wide, decomposed granite, multi-use trail to be owned
and maintained by the owners’ association. If the trail is to be dedicated to the City,
the trail’s location and materials shall be subject to recommendation by the Parks and
Pathways Development Commission and approval by the City Council.
e. A minimum five foot (5’) high, maximum eight foot (8’) high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or fence,
or combination thereof shall be provided within or at the limits of the buffer area
adjacent to single family residential lots or at the property line of such lots. The
maximum slope for any berm, if provided, shall be three feet (3’) horizontal distance to
one foot (1’) vertical distance. If a decorative block wall, cultured stone, decorative rock,
or similarly designed concrete wall is to be provided in combination with the berm, a four
foot (4’) wide flat area shall be provided for the placement of the decorative wall. Chain
link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
Walls or fencing are not required adjacent to multi-family residential uses except where
necessary to provide a buffer to enclose private outdoor space, non-residential uses or
open space.
ORDINANCE NO. 710 – Page 89
Exhibit 3-G
6.State Highway 16
a.The landscape buffer for State Highway 16 shall be one hundred feet (100’) minimum
next to residential uses and sixty feet (60’) minimum next to non-residential uses (not
including right of way). See Exhibit 3-H.
b.The following plant material shall be provided, at a minimum, within the limits of the
buffer area;
(1)Five (5) trees and twenty (20) shrubs/groundcovers per one hundred (100) linear
feet of right of way. Turf may be used in place of shrubs/groundcovers, but the
amount used shall not exceed 50% of the landscape area on a plat by plat or phase by
phase basis..
(2)Additional plant material may be provided within the ITD right of way subject to
a license agreement with ITD.
c.A minimum ten foot (10’) high, maximum twelve foot (12’) high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area adjacent to residential lots.
The height of the berm and/or wall shall be measured from the elevation of the grade
beneath such berm and/or wall. The maximum slope for any berm shall be three fee (3’)
horizontal distance to one foot (1’) vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in
ORDINANCE NO. 710 – Page 90
combination with the berm, a four foot (4’) wide flat area shall be provided for the
placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted. A berm or decorative wall is not required
adjacent to non-residential uses.
Exhibit 3-H
7.Medians
a.The minimum width of a median, if provided, that will support trees is eight feet (8’)
for Class II trees and ten feet (10’) for Class I and III trees. The minimum width of a
median that will support turf is ten feet (10’). The minimum width of a median that will
support shrubs and groundcovers is four feet (4’). If a median or median nose is
narrower than four feet (4’), the area shall be filled with stamped concrete, decorative
pavers or rock. Medians will generally be provided on arterial, collector and urban
streets.
b.The following plant material shall be provided, at a minimum, within the median:
(1)One (1) tree per fifty (50) linear feet of median. (A minimum of two (2) trees are
required in medians over thirty five feet (35’) in length.)
(2)One (1) shrub/groundcover per seventy five (75) square feet of landscaped
area. Turf may be used in place of shrubs/groundcovers, but the amount of turf shall
not exceed fifty percent (50%) of the landscaped area on a plat by plat or phase by
phase basis..
(3)In the event a median is less than thirty five feet (35’) in length, a single tree shall
be permitted. Shrub/groundcover and turf requirements (above) would apply.
ORDINANCE NO. 710 – Page 91
8.Streetscape Design Concepts
Landscape along Spring Valley roadways shall be arranged in formal or informal
patterns, or a combination of both. Formal landscape patterns (Exhibit 3-I) consist of
plants arranged in consistent spacing and/or massing patterns while informal landscape
patterns (Exhibit 3-J) consist of plants arranged in less consistent or random spacing
and/or massing patterns. Straight sidewalks are usually associated with formal
streetscapes while meandering sidewalks are usually associated with informal
streetscapes. The street classification and streetscape concept for each roadway shall be
consistent with the approved Environmental Landscape Plan for the PUMP that contains
that roadway.
Exhibit 3-I
Exhibit 3-J
9.Wildlife Crossings
ORDINANCE NO. 710 – Page 92
Wildlife movement corridors have been identified in sections 7.4.1 and 7.4.2 of the
Habitat Mitigation Plan. Wildlife crossing points along roadways shall be approved by
the City identified on the Environmental Landscape Plan of the applicable PUMP.
All crossing shall follow the recommendation in the Habitat Mitigation Plan to minimize
conflicts between animals and vehicles. Such measures, including provision of culverts,
grade separations, fencing, traffic control measures and low plantings for driver visibility,
shall be shown on the plat and landscape plans for the appropriate areas.
M.Parks, Open Space and Common Areas
Parks within Spring Valley shall be planted, at a minimum, with the following:
1.
a.Turf, either seed or sod.
b.One (1) tree per twelve hundred (1,200) square feet of non-pervious space.
c.Four (4) shrubs/groundcovers per tree.
Parks shall contain at least five (5) of the following amenities:
2.
a.Ball field
b.Sports court
c.Swimming pool and/or spa
d.Recreation/community building
e.Restroom building
f.Play equipment
g.Shade structure
h.Picnic table
i.Bench
j.BBQ grills
k.Trash container
l.Sidewalk/trail
ORDINANCE NO. 710 – Page 93
m.Bike rack
n.Pet refuse container
Open space tracts and common areas that are not considered parks, roadway landscape
3.
buffers, or parking area perimeters shall be planted, at a minimum, with the following:
a.One (1) tree per twelve hundred (1,200) square feet.
b.Four (4) shrubs/groundcovers per tree. Hydroseeding may be used in conjunction
with plants or by itself for re-vegetating disturbed areas.
c.If turf is used, every fourteen (14) square feet of turf shall count for one (1)
shrub/groundcover, however, turf shall not exceed thirty percent (30%) of the open space
or common area or the required shrub/groundcover quantities.
N.Wetland/Riparian Areas
Wetland and riparian area construction and maintenance shall follow the principles and
guidelines contained sections 7.4.3 through 7.4.5 and Appendix B of the Spring Valley
Habitat Mitigation Plan. A plant list for wetland/riparian areas is contained subsection Y of
this Chapter.
O.Slope Re-Vegetation for Naturalized Areas
Disturbed and manufactured slopes with the Habitat Areas of Special Concern (HASC), as
identified in the Habitat Mitigation Plan, that are intended to be restored to a natural-like
condition shall be identified on the Planning Unit Master Habitat Mitigation Plan and re-
vegetated with a combination of grasses, forbs and shrubs native to the region or otherwise
favorable to regional climactic and soil conditions. Re-vegetation may also occur on other
existing open space areas to be retained within the HASC that have been affected by fire or
have otherwise been degraded.
1.Re-vegetation shall follow the recommendations and criteria in the Habitat Mitigation
Plan, Sections 7.4.4 through 7.4.5.
2.A plant list for use in natural slope re-vegetation in upland areas is contained in
subsection Y of these guidelines. Seed mixes and rates shall be based on Natural Resource
Conservation Service (NRCS) or other approved guidelines. Seed mixes may be adjusted as
necessary according to the response and success of the re-vegetation project. Native and
approved non-native shrubs may also be planted from container material, plugs or transplants
ORDINANCE NO. 710 – Page 94
to supplement the seed mix to increase the success rate of the re-vegetation application and
for soil stability and aesthetics.
3.Native species shall be emphasized, but desirable non-native species may also be
included for structural and functional components. Non-native species shall be sterile or
non-aggressive, i.e. they won’t compete or displace more desirable native species.
4.Temporary irrigation may be used to facilitate plant establishment and growth rates but
shall be discontinued after establishment as defined in subsection F-17-d of this Chapter.
5.Seedings without irrigation shall be allowed to germinate for approximately one (1) year
based on seasonal and time constraints. The following year (early spring), plugs, super-cells,
potted plants and transplants of a variety of grasses, forbs and shrubs may be added to re-
establish a diverse stand of native or desired species.
6.Seed application shall be by rangeland drill (set to the appropriate depth) or broadcasting
(hydroseeding). Broadcast seeding shall require scarification of the soil surface.
7. All areas shall be classified in a Noxious Zone at the time of PUMP approval. Noxious
weed control shall comply with the noxious weed containment plan per section 7.4.5 of the
Habitat Mitigation Plan.
8. Success of re-vegetation objectives shall be based on the habitat quality descriptors
defined in Table 2 of the Habitat Mitigation Plan.,
9.All natural slope re-vegetation shall be fully established within five (5) growing seasons.
Such areas shall be considered established when a minimum of seventy percent (70%) of the
plants can exist on rainfall alone, see F-17-d of these standards.
P.Single Family Residential Neighborhoods
1.Landscape along local streets shall be in accordance with the requirements in subsection
L-4-c.
2.Common Open Space:
a.Single family residential neighborhoods (except those in the RR and ER districts)
shall contain a minimum of six hundred (600) square foot common open space per lot
of which a minimum of fifty percent (50%) shall be an amenity area for active and/or
passive recreation. An amenity area is defined as ground with a slope of 10% or less.
b.The following shall be provided, at a minimum, within the amenity area:
ORDINANCE NO. 710 – Page 95
(1)One (1) tree for every twelve hundred (1,200) square feet of landscapable
area.
(2)Turf in fifty percent (50%) of the landscaped area.
(3)Seventy five percent (75%) vegetative cover (shrubs/groundcovers) in non-
turf landscaped areas after three (3) years of planting.
(4)A walkway and seating area with bench.
(5)A trash receptacle and pet refuse bag dispenser
(6)Walkway/pathway linkage to a regional or community trail when adjacent to
such trail.
c.Optional items within amenity areas shall include, but are not limited to:
(1)Children’s play area with play structure
(2)Shade structure
(3)Picnic table(s) and BBQ grill(s)
3.Landscape within common areas outside of amenity areas shall be in accordance with the
requirements in subsection M-3.
Q.Multi-Family Residential Neighborhoods (3 or more attached units)
1.On-Site Project Landscape
Landscape shall cover a minimum of fifteen percent (15%) of the property. Hardscape
plaza areas, such as decorative concrete paver patios that are integrated into the design of
the landscape area may be included in the fifteen percent (15%) landscape coverage
requirement.
2.Parking Lot Landscape
See subsection S, Parking Lot Landscape, in this Chapter.
3.Amenity/Common Area Landscape
a.Amenity Areas
Amenity areas shall be landscaped per the following minimum requirements:
ORDINANCE NO. 710 – Page 96
(1)One (1) two inch (2”) caliper tree for every twelve hundred (1,200) square feet of
total landscape area. Additional trees may be one inch (1”) caliper in size.
(2) Seventy five percent (75%) minimum vegetative cover for non-paved areas after
three (3) years of planting.
b.Common Areas
General landscape areas within projects exclusive of parking lot areas, street frontage
areas and recreation areas shall be planted per the following minimum requirements:
(1) One (1) two inch (2”) caliper tree for every twelve hundred (1,200) square feet of
total landscape area. Additional trees may be one inch (1”) caliper in size.
(2) Seventy five percent (75%) minimum vegetative cover for non-paved areas after
three (3) years of planting.
4.Boulders and Rock Mulch
a.Boulders and rock outcroppings, if used, shall be buried at least 50% so as to appear
as natural rock outcroppings.
b.All decorative rock mulch materials used on site shall be earth toned. White or multi-
colored materials are not permitted.
R.Non-Residential Projects
1.On-Site Project Landscape
a.A minimum of 10% of the total parcel area shall be landscaped. Pedestrian
walkways, outdoor pedestrian plazas and hardscape features are considered landscape for
this requirement.
b.Landscape shall be designed and maintained to not obstruct the visibility of signage
and sight lines for vehicular traffic and pedestrians.
c.Landscape areas shall be planted per the following:
(1) A minimum of one (1) tree per twelve hundred (1,200) square feet of total
landscape area shall be provided throughout the site landscape area except in the
parking areas that are subject to requirements identified in subsection S in this
Chapter.
ORDINANCE NO. 710 – Page 97
(2) The minimum tree size at site entries and pedestrian plazas shall be three inch
(3”) caliper for emphasis. Remaining trees shall be a minimum two inch (2”) caliper.
(3)Shrubs shall be a minimum of five (5) gallon in size. Groundcover shall be a
minimum one (1) gallon in size.
(4)Trees planted in paved areas shall be planted in appropriately sized tree wells with
tree grates or planters for the tree type selected. The minimum dimension of tree
wells or planters shall be four feet (4’).
2.Parking Lot Landscape
See subsection S, Parking Lot Landscape, in this Chapter.
3.Boulders and Rock Mulch
a.Boulders and rock outcroppings, if used, shall be buried at least 50% so as to appear
as natural rock outcroppings.
b.All decorative rock mulch materials used on site shall be earth toned. White or multi-
colored materials are not permitted.
S. Parking Lot Landscape:
1. Visual Impact: Landscape shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Walls, fences, hedges, berms, and landscape may be used
to screen parking areas (chain link and cedar fencing shall not be permitted). In the design of
large parking areas, arrange bays of parking spaces to be separated by landscape. When
parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right-of-way. The landscaped strip shall serve to shield views of
parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along the
roadway.
ORDINANCE NO. 710 – Page 98
Four (4) options are provided for fulfilling this requirement as shown on Exhibit 3-K:
a. Provide a ten foot (10') wide landscaped strip between the property line and the
parking lot, and plant with a minimum of one (1) shade tree and ten (10) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1
slope) within a ten foot (10') wide landscaped strip between the property line and the
parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five
(35) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop
from the property line to the parking lot, and plant with a minimum of one shade tree and
five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
Root barriers shall be required for all trees in planter less than ten (10’) feet in width next
to a sidewalk, roadway or paved parking area.
d. Provide a three foot (3') high wall, fence of brick, stone, or decorative block or
concrete along with a six foot (6') wide landscaped strip between the property line and
the parking lot, and plant a minimum of one (1) shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings. Root barriers shall be
required for all trees in planter less than ten (10’) feet in width next to a sidewalk,
roadway or paved parking area.
ORDINANCE NO. 710 – Page 99
Exhibit 3-K
ORDINANCE NO. 710 – Page 100
3. Parking Lot Perimeter Landscape: Perimeter landscape requirements define parking
areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the
property lines and the parking lot, and plant with a minimum of one shade tree and five
(5) shrubs per thirty five (35) linear feet of perimeter.
b. Provide a minimum ten foot (10’) wide landscape strip between the parking lot and
adjacent buildings and plant with a minimum of one (1) shade tree and five (5) shrubs per
thirty five feet (35’) of perimeter.
c. See Exhibit 3-L for additional information.
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscape shall be required on any parking
lot with ten (10) spaces and above. The required amount of landscape is based on a
sliding scale, as follows:
Percent Of Total Area Of
Total Number A Lot That Must Be An
Of Spaces Interior Landscaped Area
10 - 20 5 percent
21 - 50 8 percent
ORDINANCE NO. 710 – Page 101
51 + 10 percent
b. Additional Requirements:
(1) A landscaped island or a planter extending the length of the parking row shall be
provided for a maximum of every twelve (12) consecutive spaces. When diamond
planters are used, one shall be provided for every six (6) consecutive spaces.
(2) A terminal island shall be placed at the end of a row of parking.
(3) No parking island shall be less than six feet (6') in any dimension.
(4) The length of a parking island shall be the same as the parking space that it is
adjacent to.
(5) No parking space shall be more than sixty feet (60') from an interior landscaped
area.
(6) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(7) Deciduous shade trees and ground covers or low shrubs are recommended as
primary plantings in interior landscaped areas. Deciduous shade trees are to be clear
branched to a height of six feet (6').
(8) A terminal or interior island for a single row of parking spaces shall be
landscaped with at least one (1) tree and shrubs, ground cover, or grass. A terminal or
ORDINANCE NO. 710 – Page 102
interior island for a double row of parking spaces shall contain not less than two (2)
trees and shrubs, ground cover, or grass.
(9) Parking lot tree requirements shall be met even when covered parking structures
are used. Accent trees may be substituted for shade trees next to covered parking
structures where such structures exist.
(10) See Exhibit 3-L for further information.
ORDINANCE NO. 710 – Page 103
Exhibit 3-L
T. Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all non-residential building development
and roads classified as a local street to lend continuity among different architectural
styles, screen unsightly views, establish a pleasing view for motorists, and create a safe
and pleasant corridor for pedestrians.
ORDINANCE NO. 710 – Page 104
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade
tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2)
ornamental or two (2) evergreen trees may be substituted for one shade tree.
U. Wildfire Protection
The north foothills are prone to wildfires. Landscape design shall be reviewed and approved
by the applicable fire districts for consistency with the Spring Valley Wildfire Management
Plan approved by the Eagle and Star Fire District.
V. Incentives:
1. The Administrator may reduce the site parking requirements by up to five percent (5%)
of the required number of spaces if the proposed landscape plan incorporates the
retention of existing significant trees, particularly in the interior of the site.
2. The Administrator may reduce the site parking requirements by up to five percent (5%)
of the required number of spaces if the proposed landscaping exceeds the requirements of
these guidelines by fifteen percent (15%) or more.
3. The Administrator may reduce technical standards of parking lot design where paving
requirements conflict with the retention of significant trees.
W. Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance
is a procedure that allows certain modifications to existing regulations within this
Chapter. Requests for use of alternative landscaping schemes are justified only when one
or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
ORDINANCE NO. 710 – Page 105
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
shall state which requirement as set forth within this Chapter is to be modified, what
project conditions stated within subsection W1 of this Chapter justify using the proposed
alternative, and how the proposed alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The
condition(s) which warrants the need for the tree fund alternate method of compliance
shall be specified in the application submitted under subsection W2 of this Chapter. If
the application is approved, the amount to be contributed by the applicant will be based
upon the total caliper inches of deciduous tree(s) removed from the site and the total
vertical feet of coniferous trees removed from the site. Cost per caliper inch for
deciduous trees and cost per vertical foot for coniferous trees shall be determined by
resolution of the city council. The applicant shall have the right to review and consider
the value determination, and following said review, to reapply for other alternative
methods of compliance, without prejudice, in accordance with subsection W2 of this
Chapter.
X. Plan Preparation: Preparing a landscape plan requires special skills. Landscape design
involves more than a simple arrangement of plants with irrigation; plants are not haphazardly
placed in a way that fills up leftover space. Landscape plans should reflect a theme so that
site elements are artfully and technically organized in a way that conveys meaning,
coherence, and spatial organization. Landscape should enhance the physical environment as
well as the project's aesthetic character. Therefore, landscape plans to be submitted for
approval shall be prepared by or under the responsible control of a licensed landscape
architect with said plans to be duly stamped to clearly identify the preparer.
Y. Approved Plant List: This list is a suggested planting list for Spring Valley. Other plant
species and varieties will be considered and may be used subject to SVDRC and city
approval. ACHD and/or ITD approval will also be required, as appropriate, if the plant is a
street tree or is located within the public right-of-way. An “X” in the far right column next to
ORDINANCE NO. 710 – Page 106
a tree descriptor indicates the tree is allowed as a street tree. The list contains, at the end of
this subsection, plants intended for use in the establishment of wetland/riparian and an upland
natural slope areas in accordance with the recommendations contained in the Habitat
Mitigation Plan.
ORDINANCE NO. 710 – Page 107
SPRING VALLEY PLANT LIST
Small Trees (Class I)
Street
Trees
Botanical Name Common Name
Acer campestre Hedge Maple X
Acer ginalla Amur Maple X
Acer glabrum Rocky Mountain Maple X
Acer grandidentatum Bigtooth Maple X
Amelanchier alnifolia Saskatoon Serviceberry X
Amelanchier canadensis Canadian Serviceberry X
Cercidiphyllum japonicum Katsuratree X
Cercis canadensis Eastern Redbud X
Chilopsis linearis Desert Willow X
Cornus kousa Kousa Dogwood X
Cornus florida Flowering Dogwood X
Cornus florida 'Cloud 9' Flowering Dogwood X
Cotinus coggygria Common Smoketree X
Crataegus douglasii Douglas Hawthorn X
Crataegus laevigata English Hawthorn X
Crataegus x lavallei Lavalle Hawthorn X
Crataegus monogyna Singleseed Hawthorn X
Crataegus phaenopyrum Washington Hawthorn X
Crataegus virdis Green Hawthorn X
ORDINANCE NO. 710 – Page 108
Koelreuteria paniculata Goldenraintree X
Koelreuteria paniculata 'September' Goldenraintree X
Magnolia x soulangiana Saucer Magnolia X
Magnolia stellata Star Magnolia X
Malus 'Indian Magic' Indian Magic Crabapple X
Malus 'Prairie Fire' Prairie Fire Crabapple X
Malus 'Profusion' Profusion Crabapple X
Malus 'Radiant' Radiant Crabapple X
Malus 'Spring Snow' Spring Snow Crabapple X
Prunus blireiana Blireiana Plum X
Prunus cistena 'Big Cis' Big Cis Plum X
ORDINANCE NO. 710 – Page 109
Small Trees (Class I) Con't
Street
Trees
Botanical Name Common Name
Prunus cerasifera Purpleleaf Plum X
Prunus cerasifera 'Newport' Newport Cherry Plum X
Prunus virginiana Common Chokecherry X
Prunus serrulata Oriental Cherry X
Prunus subhirtella Higan Cherry X
Prunus x yedoensis Yoshino Cherry X
Pyrus calleryana Callery Pear X
Pyrus calleryana 'Aristocrat' Callery Pear X
Pyrus calleryana 'Capital' Callery Pear X
Pyrus calleryana 'Chanticleer' Callery Pear X
Pyrus calleryana 'Cleveland' Callery Pear X
Pyrus calleryana 'Redspire' Callery Pear X
Rhus typhina Staghorn Sumac X
Rhus typhina 'Laciniata' Staghorn Sumac X
Syringa reticulata Japanese Tree Lilac X
Syringa reticulata 'Ivory Silk' Japanese Tree Lilac X
Medium Trees (Class II)
Street
Trees
ORDINANCE NO. 710 – Page 110
Botanical Name Common Name
Acer nigrum Black Maple X
Acer platanoides Norway Maple X
Acer pseudoplatanus Sycamore Maple X
Acer saccharum Sugar Maple X
Acer truncatum Pacific Sunset Maple X
Aesculus hippocastanum Horsechestnut X
Aesculus octandra Yellow Buckeye X
Aesculus pavia Red Buckeye X
Alnus glutinosa Alder X
Alnus rubra Red Alder X
Alnus tenuifolia Mountain Alder X
Betula nigra River Birch X
ORDINANCE NO. 710 – Page 111
Medium Trees (Class II) Con't
Street
Trees
Botanical Name Common Name
Betula nigra 'Heritage' River Birch X
Betula occidentalis Water Birch X
Carpinus betulus European Hornbeam X
Carpinus betulus 'Fastigiata' European Hornbeam X
Celtis occidentalis Common Hackberry X
Celtis occidentalis 'Prairie Pride' Prairie Pride Hackberry X
Celtis reticulata Netleaf Hackberry X
Cladrastis kentukea American Yellowwood X
Corylus colurna Turkish Filbert X
Diospyros virginiana Common Persimmon X
Fagus sylvatica European Beech X
Fraxinus americana White Ash X
Fraxinus americana 'Autumn Purple' Autumn Purple Ash X
Fraxinus oxycarpa 'Raywood' Raywood Ash X
Fraxinus pennsylvanica Green Ash X
Fraxinus pennsylvanica 'Cimmaron' Cimmaron Ash X
Fraxinus pennsylvanica 'Marshall Seedless' Marshall Seedless Ash X
Fraxinus pennsylvanica 'Patmore' Patmore Ash X
Fraxinus pennsylvanica 'Summit' Summit Ash X
Gleditsia triacanthos Honeylocust X
ORDINANCE NO. 710 – Page 112
Gleditsia triacanthos inermis Thornless Honeylocust X
Gleditsia triacanthos 'Moraine' inermis Thornless Honeylocust X
Gleditsia triacanthos 'Shademaster' inermis Thornless Honeylocust X
Gleditsia triacanthos ' Skyline' inermis Thornless Honeylocust X
Ginkgo biloba Ginkgo (male only) X
Ginkgo biloba 'Autumn Gold' Ginkgo (male only) X
Ginkgo biloba 'Magyar' Ginkgo (male only) X
Ginkgo biloba 'Princeton Sentry' Ginkgo (male only) X
Juglans regia English Walnut X
Liquidambar styracaflua American Sweetgum X
Liquidambar styracaflua 'Moraine' American Sweetgum X
Magnolia acuminata Magnolia Cucumbertree X
Large Trees (Class I)
Street
Trees
Botanical Name Common Name
Acer platanoides 'Emerald Queen' Emerald Queen Maple X
Acer platanoides 'Crimson King' Crimson King Maple X
Aesculus glabra Ohio Buckeye X
Carya ovata Shagbark Hickory X
Catalpa speciosa Northern Catalpa X
ORDINANCE NO. 710 – Page 113
Fagus grandifolia American Beech X
Fagus sylvatica Eastern Beech X
Gymnocladus dioicus Kentucky Coffeetree X
Gymnocladus dioicus 'Espresso' Kentucky Coffeetree X
Liriodendron tulipifera Tuliptree X
Platanus x acerifolia London Planetree X
Platanus x acerifolia 'Bloodgood' London Planetree X
Quercus alba White Oak X
Quercus bicolor Swamp White Oak X
Quercus macrocarpa Bur Oak X
Quercus robur English Oak X
Quercus rubra Red Oak X
Quercus shumardii Shumard Oak X
Ulmus americana 'Valley Forge' Valley Forge Elm X
Ulmus americana 'New Harmony' New Harmony Elm X
Ulmus carpinifolia 'Prospector' Prospector Elm X
Conifers
Street
Trees
Botanical Name Common Name
Abies concolor White Fir
Abies concolor 'Violacea' White Fir
Calocedrus decurrens California Incensecedar
Cedrus atlantica 'Fastigiata' Blue Atlas Cedar
ORDINANCE NO. 710 – Page 114
Cedrus atlantica 'Glauca' Blue Atlas Cedar
Cedrus atlantica 'Glauca Pendula' Blue Atlas Cedar
Conifers Con't
Street
Trees
Botanical Name Common Name
Chamaecyparis lawsoniana Lawson Cypress
Chamaecyparis lawsoniana 'Allumii' Lawson Cypress
Chamaecyparis lawsoniana 'Stewartii' Lawson Cypress
Chamaecyparis nootkatensis Alaska Cedar
Chamaecyparis nootkatensis 'Pendula' Weeping Alaska Cedar
Juniperus chinensis Chinese Juniper
Juniperus communis Common Juniper
Juniperus occidentalis Western Juniper
Juniperus scopulorum Rocky Mountain Juniper
Juniperus virginiana Eastern Red Cedar
Larix decidua European Larch
Larix decidua 'Pendula' European Larch
Larix occidentalis Western Larch
Metasequoia glyptostroboides Dawn Redwood
ORDINANCE NO. 710 – Page 115
Picea abies Norway Spruce
Picea engelmannii Engelmann Spruce
Picea glauca White Spruce, (Black Hills)
Picea glauca 'Densata' White Spruce, (Black Hills)
Picea omorika Serbian Spruce
Picea pungens Colorado Spruce
Picea pungens 'Glauca' Colorado Spruce
Picea pungens 'Hoopsii' Colorado Spruce
Picea pungens 'Koster' Colorado Spruce
Picea pungens 'Moerheimii' Colorado Spruce
Pinus aristata Bristlecone Pine
Pinus contorta Lodgepole Pine
Pinus edulis Pinyon Pine
Pinus flexilis Limber Pine
Pinus monticola Western White Pine
Pinus mugo Mugo Pine
Pinus nigra Austrian Pine
Pinus parviflora Japanese White Pine
Conifers Con't
Street
Trees
Botanical Name Common Name
ORDINANCE NO. 710 – Page 116
Pinus ponderosa Ponderosa Pine
Pinus strobus Eastern White Pine
Pinus sylvestris Scotch Pine
Pinus thunbergiana Japanese Black Pine
Pinus wallichiana Himalayan Pine
Pseudotsuga menziesii Douglas Fir
Sequoiadendron giganteum Giant Sequoia
Taxodium distichum Bald Cypress
Taxodium distichum 'Monarch of Illinois' Bald Cypress
Taxodium distichum 'Shawnee Brave' Bald Cypress
Thuja occidentalis Eastern Arborvitae
Thuja plicata Western Red Cedar
Additional Potential Landscape Trees
(Upon City and ACHD Approval)
Street
Trees
Botanical Name Common Name
Acer griseum Paperbark Maple X
Acer truncatum Shantung Maple X
Alnus cordata Italian Alder X
Asimina triloba Common Pawpaw X
Cedrus atlantica Blue Atlas Cedar
Chamaecyparis obtusa Hinoki Falsecypress
Chamaecyparis pisifera Japanese Falsecypress
ORDINANCE NO. 710 – Page 117
Eucommia ulmoides Hardy Rubbertree X
Evodia daniellii Korean Evodia X
Fagus grandfolia American Beech X
Maackia amurense Amur Maackia X
Paulownia tomentosa Empress Tree X
Picea orientalis Oriental Spruce
Pinus bungeana Lacebark Pine
Additional Potential Landscape Trees Con't
(Upon City and ACHD Approval)
Street
Trees
Botanical Name Common Name
Pinus cembra Swiss Stone Pine
Pinus densiflora Japanese Red Pine
Pterocarya fraxinifolia Caucasian Wingnut X
Quercus imbricaria Shingle Oak X
Thujopsis dolobrata False Arborvitae
Tsuga canadensis Canadian Hemlock
Trees Prohibited in the Right-of-Way
Street
Trees
ORDINANCE NO. 710 – Page 118
Botanical Name Common Name
Acer x freemanii Red Maple, Freeman varieties
Acer negundo Boxelder (Sensational Maple)
Acer rubrum Red Maple
Acer saccharinum Silver Maple
Ailanthus altissima Tree of Heaven
Betula papyrifera Paper Birch
Betula pendula European Birch
Fraxinus excelsior European Ash
Gleditsia triacanthos "Sunburst" Honeylocust "Sunburst"
Juglans nigra Black Walnut
Populus species Poplar
Populus tremuloides Quaking Aspen
Robinia pseudoacacia Black Locust
Salix species Willow
Sorbus aucuparia European Mountain Ash
Sorbus scopulina Western Mountain Ash
Ulmus species Elm
Conifers spp. Conifers
ORDINANCE NO. 710 – Page 119
Shrubs
Botanical Name Common Name
Acer ginnala Amur Maple
Acer grandidentatum Bigtooth Maple
Alnus incana Thinleaf Alder
Amelanchier spp Serviceberry
Arctostaphylos nevadensis Pinemat Manzanita
Aronia melonocarpa Glossy Black Chokeberry
Artemisia cana Silver Sagebrush
Artemisia frigida Fringed Sage
Artemisia ludoviciana White Sagebrush
Artemisia tridentata Big Sagebrush
Atriplex canescens Four Wing Saltbush
Berberis spp Barberry
Buddleia spp Butterfly Bush
Buxus microphylla 'WinterGem' Wintergem Boxwood
Buxus sempervirens 'Variegata' Varigated Boxwood
Caragana arborescens Pea Shrub
Caryopteris spp Blue-Mist Spirea
Ceanothus velutinus Velvet Buckbrush
Ceratoides lanata Winterfat
Cercocarpus spp Mountain Mahogany
Chamaebatiaria millefolium Fernbush
ORDINANCE NO. 710 – Page 120
Chamaecyparis pisifera 'Filifera Aurea Nana' Gold Thread Cypress
Chrysothamnus spp Rabbittbrush
Cornus alba 'Bailhalo' Ivory Halo Dogwood
Cornus sericea Isanti Dogwood
Cornus sericea 'Cardinal' Redtwig Dogwood
Cornus sericea 'Flaviramea' Yellowtwig Dogwood
Cornus sericea 'Kelseyi' Kelsey Dogwood
Cornus stolonifera Red Osier Dogwood
Cotoneaster spp Cotoneaster
Elaeagnus angustifolia Russian Olive
Shrubs Con't
Botanical Name Common Name
Ephedra viridis Green Mormon Tea
Ericameria nauseosa Rubber Rabbitbrush
Eriogonum heracleoides Parsnipflower Buckwheat
Eriogonum sphaerocephalum Rock Buckwheat
Euonymus alata Burning Bush
Euonymus alata "Compactus" Burning Bush
ORDINANCE NO. 710 – Page 121
Euonymus fortunei 'Emerald Gaiety' Emerald Gaiety Euonymus
Euonymus fortunei 'Emerald 'n Gold' Emerald & Gold Euonymus
Euonymus fortunei 'Gold Prince' Gold Prince Euonymus
Euonymus fortunei 'Moonshadow' Moonshadow Euonymus
Euonymus fortunei 'Silver Queen' Silver Queen Euonymus
Euonymus japonica Boxleaf Euonymus
Euonymus japonica 'Aureo Marginata' Golden Euonymus
Euonymus japonicus 'Green Spire' Greenspire Euonymus
Euonymus kiautschovicus 'Manhattan' Manhattan Euonymus
Fallugia paradoxa Apache Plume
Forsythia x intermedia Forsythia
Forsythia x intermedia 'Spring Glory' Spring Glory Forsythia
Hibiscus syriacus 'Minerva' Minivera Rose of Sharon
Hibiscus syriacus 'Red Heart' Red Heart Rose of Sharon
Holodiscus discolor Ocean Spray
Juniperus chinensis 'Mint Julep' Mint Julep Juniper
Juniperus chinensis 'Old Gold' Old Gold Juniper
Juniperus horizontalis 'Bar Harbor' Bar Harbor Juniper
Juniperus horizontalis 'Blue Chip' Blue Chip Juniper
Juniperus horizontalis 'Plumosa Compacta
Youngstown Juniper
Youngstown'
Juniperus horizontalis 'Prince of Wales' Prince of Wales Juniper
Juniperus x pfitzeriana 'Sea Green' Sea Green Juniper
Ligustrum spp Privet
ORDINANCE NO. 710 – Page 122
Shrubs Con't
Botanical Name Common Name
Lonicera xylosteoides Clavey's Dwarf Honeysuckle
Emerald Mound
Lonicera xylosteum 'Emerald Mound' Honeysuckle
Mahonia aquifolium Oregon grape
Paxistima spp Dwarf Mountain Lover
Philadelphus lewisii Mock Orange; Syringa
Philadelphus lewisii 'Blizzard' Blizzard Mock Orange
Dwarf Minnesota Snowflake
Philadelphus virginalis
Mock Orange
Philadelphus virginalis 'Snowflake' Snowflake Mock Orange
Philadelphus x virginalis 'Minnesota' Minnesota Mock Orange
Photinia spp. Photinia
Physocarpus spp Mountain Ninebark
Picea abies 'Nidiformis' Birdsnest Spruce
Pieris spp. Pieris
ORDINANCE NO. 710 – Page 123
Dwarf Mugo Pine, Mops
Pinus mugho 'Mops'
Dwarf Mugo Pine
Pinus mugo Mugo Pine
Pumillo Mugo Pine, Dwarf
Pinus mugo var. pumilio
Mugo Pine
Potentilla fruticosa 'Abbottswood' Abbotswood Potentilla
Potentilla fruticosa 'Gold Drop' Gold Drop Potentilla
Potentilla fruticosa 'Goldfinger' Goldfinger Potentilla
Potentilla fruticosa 'Jackmani' Jackmani Potentilla
Potentilla fruticosa 'Pink Beauty' Pink Potentilla
Prunus besseyi Western Sand Cherry
Prunus Cistena Cistena Plum
Prunus laurocerasus 'Otto Luken' Otto Lukken Laurel
Prunus tomentosa Nanking cherry
Prunus virginiana Chokecherry
Purshia tridentate Antelope Bitterbrush
Pyracantha spp Pyracantha
Rhamnus frangula Buckthorn
ORDINANCE NO. 710 – Page 124
Shrubs Con't
Botanical Name Common Name
Rhododendron spp Azalea; Rhododendron
Rhus spp Sumac
Ribes spp Currant
Rosa spp. Rose
Rubus spp Raspberry, Blackberry
Salix purpurea 'Nana' Dwarf Artic Blue Willow
Salvia dorrii Purple Sage
Sambucus spp Elderberry
Shepherdia spp Buffaloberry
Sorbaria sorbifolia Ashleaf Spirea
Sorbus scopulina Mountain Ash
Sphaeralcea ambigua Desert Globemallow
Sphaeralcea grossulariifolia Goosefoot Globemallow
Sphaeralcea munroana Munro's Globemallow
Spiraea bumalda 'Dolchia' Dolchia Spirea
Spiraea japonica ‘Goldmound' Goldmound Spirea
Spiraea nipponica 'Halward's Silver' Halward's Silver Spirea
Spiraea x bumalda 'Anthony Waterer' Anthony Waterer Spirea
Spiraea X bumalda 'Crispa' Crispa Spirea
Spiraea x bumalda 'Goldflame' Goldflame Spirea
ORDINANCE NO. 710 – Page 125
Spirea x bumalda 'Magic Carpet' Magic Carpet Spirea
Van Houttie Spirea, Bridal
Spirea x 'Van Houttie'
Wreath Spirea
Symphoricarpos albus Snowberry
Symphoricarpos occidentalis Western Snowberry
Symphoricarpos orbiculatus Red Snowberry
Symphoricarpos oreophilus Mountain Snowberry
Syringa meyeri Dwarf Korean Lilac
Syringa patula 'Miss Kim' Miss Kim Lilac
Syringa vulgaris common lilac
Shrubs Con't
Botanical Name Common Name
Syringa vulgaris 'Sensation' Sensation Lilac
Syringa x prestoniae 'Donald Wyman' Donald Wyman Lilac
Syringa x prestoniae 'Miss Canada' Miss Canada Lilac
Taxus spp. Yew
ORDINANCE NO. 710 – Page 126
Thuja occidentalis 'Berkman's Golden' Golden Berkman Arborvitae
Thuja occidentalis 'Danica' Danica Arborvitae
Thuja occidentalis 'Golden Globe' Golden Globe Arborvitae
Thuja occidentalis 'Smaragd' Emerald Green Arborvitae
Viburnum spp Viburnum
Weigela florida 'Alexandra' Wine and Roses Weigela
Weigela florida 'Dark Horse' Dark Horse Weigela
Weigela florida 'Java Red' Java Red Weigela
Weigela florida 'Minuet' Minuet Weigela
Weigela florida 'Pink Poppet' Pink Poppet Weigela
Weigela florida 'Red Prince' Red Prince Weigela
Yucca spp. Yucca
Vines
Botanical Name Common Name
Campsis radicans Trumpet Vine
Clematis columbiana Blue Virginsbower
Clematis hirsutissima Hairy Clematis
Clematis ligusticifolia White (Western) Clematis
Lornicera spp and hybrids Honeysuckle
Rosa spp Roses
Vitis spp Grapes
Wisteria spp Wisteria
ORDINANCE NO. 710 – Page 127
Ground Covers
Botanical Name Common Name
Achillea spp Yarrow
Ajuga reptans Carpet Bugle
Antennaria parviflora Pussytoes
Antennaria rosea Rosy Pussytoes
Arctostaphylos uva-ursi Kinnikinnick
Armeria maritime Common Thrift
Artemisia ludoviciana Prairie Sage
Artemisia stellerana Dusty Miller
Asarum caudatum Wild Gginger
Bergenia spp Bergenia
ORDINANCE NO. 710 – Page 128
Callirhoe involucrata Purple Poppy Mallow
Campanula spp Bellflower
Cerastium tomentosum Snow in Summer
Cotoneaster spp Cotoneaster
Delosperma nubigenum Hardy Ice Plant
Fragaria chiloensis Wild Strawberry
Galium odoratum Sweet Woodruff
Heuchera spp Coral Bbells
Juniperus horizontalis 'Bar Harbor' Bar Harbor Juniper
Juniperus horizontalis 'Blue Chip' Blue Chip Juniper
Juniperus horizontalis 'Plumosa Compacta
Youngstown Juniper
Youngstown'
Juniperus horizontalis 'Prince of Wales' Prince of Wales Juniper
Mahonia repens Creeping Mahonia
Phlox subulata Moss Pink
Sedum spp Stonecrop
Sempervivum tectorum Hen and Cchicks
Vinca major Periwinkle
Vinca minor Myrtle, Dwarf Periwinkle
ORDINANCE NO. 710 – Page 129
Perennials
Botanical Name Common Name
Agastache cana Hummingbird Mint
Allium spp Ornamental Allium
Anaphalis margaritacea Pearly Everlasting
Aquilegia spp Columbine
Arabis spp Rockcress
Artemisia frigida Fringed Wormwood
Asclepia speciosa Showy Milkweed
Aster spp Aster
Balsamorhiza hookeri Hooker's Balsamroot
Balsamorhiza sagittata Arrowleaf Balsamroot
Camassia quamash Blue Camas
Castilleja rhexifolia Splitleaf Indian Paintbrush
Castilleja sulphurea Sulphur Indian Paintbrush
Chaenactis douglasii False Yarrow
Chrysanthemum spp Chrysanthemum
Clarkia amoena Farewell to Spring
Coreopsis spp Coreopsis
Crepis acuminata Tapertip Hawkesbeard
Dalea purpureum Purple Prairie Clover
Delphinium spp Delphinium
ORDINANCE NO. 710 – Page 130
Dianthus spp Pinks
Dodecatheon pulchellum Shooting Star
Echinacea purpurea Purple Coneflower
Epilobium (Chamerion) angustifolium Fireweed
Hummingbird Trumpet
Epilobium canum
(Firechalis)
Erigeron compositus Cutleaf Daisy
Eriogonum jamesii James' Buckwheat
Eriogonum niveum Snow Buckwheat
Thymeleaf Desert
Eriogonum thymoides Buckwheat
Eriogonum umbellatum Sulphur Buckwheat
Perennials Con't
Botanical Name Common Name
Eriophylum lanatum Oregon Sunshine
Eschscholzia californica California poppy
Gaillardia aristata Blanketflower
Gaillardia grandiflora Blanket Flower
ORDINANCE NO. 710 – Page 131
Geranium spp Hardy Geraniums
Geum spp Prairie Ssmoke
Helianthus nuttallii Marsh Sunflower
Hemerocallis spp Daylily
Hymenoxys grandiflora Old Man of the Mountains
Iliamna rivularis Mountain Hollyhock
Ipomopsis angustifolium Scarlet Gillia
Iris spp Iris (excluding Red Iris)
Kniphofia uvaria Red Hot Poker
Leucocrinum montanum Sand Lily
Liastris spp Graygeather
Lilium spp Lilies
Limonium latifolium Sea-Lavender
Lomatium nudicaule Barestem Desert Parsley
Lupinus spp Lupine
Mentzelia laevicaulis Blazingstar
Mertensia ciliata Tall Fringed Bluebells
Mimulus cardinalis Scarlet Monkeyflower
Mimulus guttatus Yellow Monkeyflower
Mirabilis jalapa Four O’clock
Mirabilis multiflora Wild Four O'clock
Monarda spp Beebalm
Monardella odoratissima Horsemint
Oenothera spp Evening Primrose
ORDINANCE NO. 710 – Page 132
Papaver spp Poppy
Penstemon spp Penstemon
Polemonium caeruleum Jacobs ladder
Perennials Con't
Botanical Name Common Name
Ratibida columnifera Mexican hat
Rosa spp Roses
Rudbeckia hirta Black-Eyed Susan
Salvia spp Salvia
Scutellaria spp Skullcap
Solidago canadensis Goldenrod
Stanleya pinnata Prince's Plume
Thalictrum fendleri Meadow Rue
Typha latifolia Cattail
Viola spp Violet
Wyethia amplexicaulis Mule's Ear
Zinnia grandiflora Prairie Zinnia
ORDINANCE NO. 710 – Page 133
Grasses
Botanical Name Common Name
Achnatherum hymenoides Indian Ricegrass
Achnatherum thurberianum Thurber's Needlegrass
Agropyron spp Wheatgrass
Agrostis stolonifera Creeping Bentgrass
Buchloe dactyloides Buffalograss
Carex aquatilis Water Sedge
Carex nebrascensis Nebraska Sedge
Carex utriculata Beaked Sedge
Dactylic glomerata Orchardgrass
Deschampsia caespitosa Tufted Hairgrass
Eleocharis palustris Spikerush
Elymus multisetus (elymoides) Sandhollow Squirreltail
Festuca spp Fescue
Juncus balticus Baltic Rush
Juncus effuses Soft Rush
ORDINANCE NO. 710 – Page 134
Grasses Con't
Botanical Name Common Name
Juncus ensifolius Daggerleaf Rush
Juncus tenuis Path Rush
Juncus torreyi Torrey's Rush
Leymus cinereus Great Basin Wildrye
Lolium spp Ryegrass
Poa pratensis Kentucky bluegrass
Poa secunda Sandberg Bluegrass
Pseudoroegneria spicata Bluebunch Wheatgrass
Schoenoplectus acutus Hard-stem Bulrush
Schoenoplectus pungens (americanus) Three Square Bulrush
Sporobolus cryptandrus Sand Dropseed
Stipa comata Needle & Thread Grass
Wetland/Riparian Plant List
Trees
Botanical Name Common Name
Betula occidentalis Red Birch
Betula occidentalis Red Birch
Populus tremuloides American Aspen
Populus trichocarpa Black Cottonwood
ORDINANCE NO. 710 – Page 135
Prunus emarginata Bitter Cherry
Prunus virginiana Chokecherry
Rhamnus purshiana Cascara
Salix lasiolepis Arroyo Willow
Salix spp. Willow
ORDINANCE NO. 710 – Page 136
Low/Medium Shrubs
Botanical Name Common Name
Cornus sericea Red-osier Dogwood
Ribes aureum Golden Currant
Rosa woodsii Wood’s Rose
Rubus parviflora Thimbleberry
Symphoricarpos albus Snowberry
Symphoricarpos oreophilus Mountain Snowberry
Achillea millefolium Yarrow
Arnica cordifolia Heartleaf Arnica
Geranium viscosissimum Sticky Geranium
Osmorhiza chilensis Sweet Cicely
Thalictrum occidentale Western Meadowrue
Smilacina stellata Starry False Solomon’s Seal
Grasses
Botanical Name Common Name
Agropyron trachycaulum Slender/Bearded Wheatgrass
Bromus carinatus or B. marginatus California Brome
Carex hoodii Hood’s Sedge
Carex spp. Sedges
ORDINANCE NO. 710 – Page 137
Elymus glaucus Blue Wildrye
Juncus spp. Rushes
Typha spp. Cattails
Flowers
Botanical Name Common Name
Aquilegia spp. Columbine
Mimulus spp. Monkey Flower
ORDINANCE NO. 710 – Page 138
Native Open Space & Upland Re-Vegetation Plant List
Low/Medium Shrubs
Botanical Name Common Name
Artemisia tridentata Wyoming Big Sage
Chrysothamnus nauseosus Rabbitbrush
Purshia tridentata Bitterbrush
Forbs
Botanical Name Common Name
Achillea millefolium Yarrow
Balsamorhiza sagitata Balsamroot
Fagopyrum esculentum Wyeth Buckwheat
Helianthus annuus Annual Sunflower
Linum lewisii Lewis Fax
Lomatium dissectum Fern Biscuitroot
Lupinus sericeus Silky Lupine
Medicago sativa Alfalfa
Penstemon palmeri Penstemon
Sanguisorba minor Small Burnet
Sphaeralcea munronaa Munro’s Globemallow
Wyethia amplexicaulis Mules Ear
ORDINANCE NO. 710 – Page 139
Grasses / Flowers
Botanical Name Common Name
Elymus multisetus Bottlebrush Squirreltail
Festuca idahoensis Idaho Fescue
Leymus cinereus Great Basin Wildrye
Oryzopsis hymenoides Indian Ricegrass
Poa secunda Sandberg’s Bluegrass
Pseudoroegneria spicata Bluebunch Wheatgrass
Sphaeralcea munroana Munro’s Globemallow
Sporobolus cryptandrus Sand Dropseed
Stipa thurberiana Thurber’s Needlegrass
Perennials
Botanical Name Common Name
Thymeleaf Desert
Eriogonum thymoides Buckwheat
Eriogonum umbellatum Sulphur Buckwheat
Geum spp Prairie Ssmoke
Ipomopsis angustifolium Scarlet Gillia
Lomatium nudicaule Barestem Desert Parsley
Lupinus spp Lupine
Mentzelia laevicaulis Blazingstar
Oenothera spp Evening Primrose
ORDINANCE NO. 710 – Page 140
Penstemon spp Penstemon
Wyethia amplexicaulis Mule's Ear
11A-3-8: SIGNAGE
A. Applicability:
All Signs: Signs shall not be erected or maintained in Spring Valley except those signs
1.
specifically enumerated in this Chapter.
2. Undefined Or Unclassified Signs: To determine applicable regulations for any sign not
specifically defined herein, the Administrator shall use the definition or classification
within this Chapter which most closely defines or classifies any such sign.
3. Architectural Compatibility: The number, area, and height of signs as outlined in this
Chapter are intended to be maximum standards which do not necessarily ensure
architectural compatibility. Therefore, in addition to the enumerated maximum standards,
the city shall give consideration to a sign's relationship to the overall appearance of the
subject property as well as the surrounding area.
4. Materials And Appearance: It is the intent of this Chapter to encourage interesting,
creative, readable, effective, uncluttered, and well maintained signage within Spring
Valley. Sign materials and appearance shall be complementary to the community theme,
building architecture and colors.
5. Nonconforming Signs: As these regulations are amended, any existing sign within Spring
Valley that was erected with the approval of the city and conformed to the previously
established regulations shall be allowed to remain for the useful life of the sign unless
otherwise prohibited.
6. Change Of Face, Copy And/Or Logo On Signs: Signs conforming to this Chapter shall
require an administrative sign permit, but not a full design review application for a
change of face, copy and/or logo on any such sign, provided that the sign structure is not
changed in any way and provided that the colors previously approved by the city are not
changed.
ORDINANCE NO. 710 – Page 141
B. Definitions: If conflict arises between any definition in this Chapter and any other definition
within this Chapter, the definition with the more specific and/or more restrictive definition
shall control. Any other words or phrases not specifically defined shall be interpreted to give
this Chapter its most reasonable application.
ADVERTISING STRUCTURE: A structure of any kind or character erected or maintained
for outdoor advertising purposes upon which any poster, bill, printing, painting or other
advertisement of any kind whatsoever may be placed including statuary for advertising
purposes.
A-FRAME SIGN: A temporary, portable sign having two separate surfaces meeting at the
top to form an “A” and supported on these surfaces without the use of a pole.
ANIMATED SIGN: Any sign which is designed and constructed to give its message through
a sequence or progressive changes or parts or lights or degree of lighting, such as an
electronic reader board.
AREA OF THE BUILDING FACE: The general outer surface of an exterior wall of a
building. The area of the building face shall be a total area of such surface, including the area
of doors and windows which open into such face, if any.
AUTOMATED SIGN: A sign with a fixed or changing display capable of displaying words,
symbols, figures or images composed of, a series of light emitting elements or moving panels
or parts; including, but not limited to: tri-paneled, digital, electronic message boards, light
emitting diodes (LED) signs or signs that in any other way move or create the illusion of
movement. This definition does not include signs with copy that is manually changed.
BANNER SIGN: Any temporary sign made of lightweight fabric, plastic, or similar material.
Governmental flags or emblems shall not be considered banner signs.
BILLBOARD: Any off-premises outdoor advertising sign structure.
CABINET SIGN (SCULPTED): A sign consisting of a translucent or non-translucent panel
containing sign copy which is affixed to a cabinet that is sculpted to form a non-square or
nonrectangular decorative shape which provides interest to the sign, such as the shape of a
logo, the shape of letters, or combination thereof.
CABINET SIGN (STANDARD): A sign consisting of one or more translucent or non-
translucent panels containing sign copy, which are interchangeable and which are affixed to a
box or cabinet that is generally square or rectangular in shape.
ORDINANCE NO. 710 – Page 142
CITY ENTRY SIGN: A permanent sign identifying the city of Eagle or the central business
district. No business advertising is permitted on city entry signage.
COMMUNITY ENTRY SIGN: A permanent sign located at the entrance(s) to the
community identifying Spring Valley to the public. Such sign may be grade-adaptive,
integrated into a berm or wall, or free-standing.
COMMUNITY EVENTS: Community sponsored events such as Eagle Fun Days, Eagle
Saturday Market, First Friday, school sporting events, and similar city, chamber of
commerce, Eagle Idaho Merchants Association, Spring Valley, and school district type
events, including events sponsored by any church/religious institution which has a city
approved site within Eagle.
COMMUNITY FACILITY/AMENITY SIGN: A permanent sign identifying a community
facility, such as a recreation building, or an amenity, such as a park, and that reinforces the
community identity. Such sign may be free-standing or wall sign, attached to a wall (placard
type sign), or hanging.
COMMUNITY SIGNS: A family of signs that identifies Spring Valley and its various
community facilities, elements and features to the public, provides directional information,
announces community events and other marketing information and reinforces the community
theme. Such signs may be permanent or temporary and consist of the following: community
entry signs; community facility/amenity signs; subdivision/neighborhood entry signs;
regional and community trail signs; community and builder directional signs; community
marketing signs; feather flag signs; streetlight banners; community event signs; future
development signs; and custom/semi-custom lot signs.
COMMUNITY MARKETING SIGN: A temporary informational sign identifying builders
and or projects within the community or community information for marketing purposes.
CONSTRUCTION SIGN: A temporary informational sign which identifies the architect,
engineer, contractor, owner, banking institution, or other individual or firms involved with
the construction of a building, enterprise or improvement or announcing the character of the
building, enterprise or improvement.
COOPERATIVE BUSINESS IDENTIFICATION SIGN: A sign including multiple
businesses, and which may or may not include directional information.
CUSTOM/SEMI-CUSTOM LOT SIGN: A temporary sign placed on a custom or semi-
custom lot identifying the lot number and which may also contain the Spring Valley or
ORDINANCE NO. 710 – Page 143
neighborhood logo and indication of availability or non-availability (e.g. “Available,” “For
Sale“ or “Sold”).
DIRECTIONAL SIGN, BUILDER (OFF PREMISES): A temporary sign which identifies
the direction towards a project under construction or residential neighborhood for sale or for
lease. The sign may contain the project, neighborhood or builder name and logos as well as
arrows indicating traffic directions.
DIRECTIONAL SIGN, COMMUNITY (OFF PREMISES): A permanent sign which
identifies the direction towards community features such as schools, parks, libraries, or other
public facilities. The sign may use words or logos as well as arrows indicating traffic
directions.
DIRECTIONAL SIGN (OFF PREMISES): See definitions of Portable Off Premises
Directional Sign and Subdivision Directional Sign (Off Premises).
DIRECTIONAL SIGN (ON PREMISES): An on premises permanent directional sign which
foremost contains words such as "Entrance", "Enter", "Exit", "In", "Out", or other similar
words, or a sign containing arrows or characters indicating traffic directions and used either
in conjunction with such words or separately.
DIRECTORY SIGN: A sign for listing the tenants, occupants, floor plan, addresses or suite
numbers of a building, center or residential building complex.
DOUBLE-FACED SIGN: A sign with copy on two parallel faces, legible from opposite
directions.
DRIVE-THROUGH/DRIVE-UP SERVICE MENU BOARD SIGN: A sign identifying
products for sale and prices for those products. The menu board sign may include business
identification.
FACE OF SIGN: The surface of the sign area upon, against or through which the message is
displayed or illustrated.
FEATHER FLAG SIGN: A durable and lightweight fabric that flows easily in the wind, and
is attached to an aluminum or PVC pole. The pole can either be inserted into the ground or
can be connected to a solid, spring or spinning base.
FLAG: Any fabric containing distinctive colors, patterns or symbols used as a symbol of a
government, political subdivision or other private entity.
ORDINANCE NO. 710 – Page 144
FREEHANGING SIGNBOARD: A sign attached underneath a canopy, awning or
colonnade.
FREESTANDING SIGN: A single or multiple faced sign, supported from the ground by one
or more columns, uprights or braces.
FRONTAGE: The length of a lot or parcel along a street or other principal thoroughfare
which it borders, but not including such length along an alley, regional open space or
watercourse.
FUTURE DEVELOPMENT SIGN: A temporary community sign that identifies future land
use or development on a parcel.
GRADE: The elevation or level of the street closest to the sign to which reference is made, as
measured at the street's centerline, or top of curb if one exists, adjacent to where the sign is to
be placed, or the relative ground level in the immediate vicinity of the sign if determined by
the Administrator to be an accurate determination for grade with regard to the intent of this
Title.
GRADE-ADAPTIVE SIGN: A sign that is integrated into slope or hillside.
GRAND OPENING: The promotional activity used by a new business, enterprise or
residential project or for a grand opening for a business, enterprise or residential project
under new management, to inform the public of its location and service available to the
community. "Grand opening" does not mean the annual or occasional promotion of services
or retail sales by a business.
HEIGHT OF SIGN: The vertical distance measured from the grade to the highest point of a
sign or any vertical projection thereof. Architectural elements used above any sign area may
be excluded from the maximum height measurement if the city determines that said
architectural elements add to the character of the sign and do not create an overbearing
appearance in relation to the sign, building and area.
HOLIDAY: A day designated as having special significance for which a government or
religious group have deemed that observation is warranted. A holiday is generally an official
observance of religious, national, or cultural significance, often accompanied by celebrations
or festivities.
HOLIDAY SIGN: Signs advertising a holiday.
ORDINANCE NO. 710 – Page 145
ILLUMINATION, EXTERNAL: A sign that is affected by an artificial light source that is
not contained within the sign itself.
ILLUMINATION, HALO: Illumination of a sign from a light source that is not visible and is
concealed or contained within the sign or located between the sign and the structure/wall.
Illumination from the source of the light becomes visible in darkness when the light is
reflected off of the wall/structure upon which the sign is attached.
ILLUMINATION, INTERNAL: Illumination of a sign from any light source that is
concealed or contained within the sign and becomes visible in darkness through a translucent
surface, except for illumination, punch through letter signs. This includes characters, letters,
figures, designs or outline which is illuminated by gas filled luminous tubes, such as neon,
argon or fluorescent.
ILLUMINATION, PUNCH THROUGH LETTER: A sign with letters, logos or other sign
graphics that are opaque (no light is permitted to shine through them), that are attached to a
sign cabinet or structure that allows light to shine through it. The distance between the letters,
logos, or other sign graphics and the background (surface of the cabinet or structure) is a
1
maximum of one-half inch (/"). The light source is concealed within the cabinet or structure
2
and is not visible except that illumination from the light source shines through transparent
1
(non-opaque) background material for no more than one-fourth inch (/") around the letters,
4
logo, and other graphics, creating a halo effect.
LOGO SIGN: A sign containing the Spring Valley, builder or project logo.
MASTER SIGN PLAN, COMMUNITY:Detailed exhibits containing signage standards for
community signage within Spring Valley including sign type, dimensions, materials, colors
and letter font, size and application.
MASTER SIGN PLAN, PROJECT: A plan designed to show the relationship of signs for
any cluster of buildings intended for business occupancy, or any single building containing
more than one business or any arrangement of business buildings or shops which constitute a
visual entity as a whole. These include developments such as shopping centers, mini-malls,
business parks, and multi-tenant commercial, office or industrial buildings housing four (4)
or more businesses. Additionally, a master sign plan may be submitted for a single business
if the owner chooses to submit an application for a master sign plan for said business.
MONUMENT SIGN: A freestanding sign with a solid base, including rock signs, or with
supports that are designed to be structurally similar to the sign construction, and which
incorporate architectural features which complement the sign construction. Pole type
supports are not permitted for monument signs, unless enclosed within the monument sign
structure.
ORDINANCE NO. 710 – Page 146
MURAL: A painting, other than a business advertising sign, on the outside wall of a
building.
NONCONFORMING SIGN: Any sign which does not comply with the provisions of these
regulations .
OFF-PREMISES SIGN: A sign located within Spring Valley but on a separate parcel of land
or a separate site from the place where the product, service, activity or business is located.
ON-PREMISES SIGN: A sign located on the same parcel of land or a site as the place where
the product, service, activity or business is located.
PARAPET: The portion of a building wall that rises above the roof level.
PENNANT SIGN: Any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, whether in series or
not, designed to move in the wind and therefore considered a moving sign.
POLE SIGN: A freestanding sign that is supported by one or more poles that are not enclosed
as in a monument sign structure.
PORTABLE SIGN: Any sign not designed to be permanently attached to a building or
anchored to the ground such as A-frame signs, yard signs (rigid), banner signs, feather flag
signs and sandwich board signs.
PORTABLE OFF-PREMISES DIRECTIONAL SIGN: Off premises portable signs
providing directional information for businesses.
PORTABLE ON-PREMISES ADVERTISING SIGNS: Portable on premises signs for
advertising which can be used on a permanent basis and which are intended to allow for
business identification and any other advertising being promoted by the business or
enterprise.
PROJECTING SIGN: Any sign affixed to a building or wall in such a manner that its
leading edge extends more than twelve inches (12”) beyond the surface of such building or
wall.
READER BOARD: A sign or part of a sign on which the letters are readily replaceable such
that the copy can be changed from time to time.
ORDINANCE NO. 710 – Page 147
REAL ESTATE SIGN: A sign advertising the sale, rental or lease of the premises upon
which the sign is placed, not including a subdivision sign.
ROOF SIGN: A sign that is erected on or above the roof of a building and which derives its
principal support from the roof or from columns or supports extending through the roof. The
definition includes a sign affixed to any structure erected upon a roof, including a structure
housing building equipment and includes a sign erected on top of a canopy, deck, patio, or
similar structure.
SHOPPING CENTER: A group of four or more commercial establishments, planned,
developed and owned and/or managed as a unit related in location, size and types of shops to
the trade area the unit serves. Shopping centers provide services for a community or
neighborhood.
SIGN: Any letters, figures, design, symbol, trademark, logo or device intended to attract
attention to any activity or service, place, subject, person, firm, corporation, public
performance, machine or merchandise whatsoever, including the display of merchandise.
Sources of light used primarily to illuminate a sign, or a building, or grounds surrounding the
building, shall not be considered signs themselves; provided however, that sources of light
used primarily to attract attention to the light itself or as a decorative feature of the display
shall be considered as part of the sign. Excluded from this definition are official traffic signs
or signals, sheriff’s notices, court notices or official public notices and the flag of
government or non-commercial institutions
SIGN AREA: The entire area within a single, contiguous perimeter enclosing the extreme
limits of writing, representation, logo, emblem or any figure or similar character, together
with any form or other material or color forming an integral part of the display, or used to
differentiate such sign area from the background against which it is placed. The sign area
shall not include the necessary supports or uprights on which the sign is placed, and
superficial, non-illuminated column covers, ornamental trim and other such incidental objects
attached thereto, or portions of the sign structure which are not designed to convey a
message.
STATE HIGHWAY: Highways in and through the city of Eagle that are owned and
maintained by the state of Idaho. These include State Highways 16, 20/26, 44 and 55.
STREETLIGHT BANNER: A temporary sign made of lightweight fabric, plastic or similar
material this is mounted to a streetlight pole with brackets and announces upcoming
community events or reinforces the community theme.
ORDINANCE NO. 710 – Page 148
SUBDIVISION/NEIGHBORHOOD SIGN: A permanent on premises sign used to identify a
subdivision or neighborhood.
SVDRC: The Spring Valley Design Review Committee.
TEMPORARY SIGN: A nonpermanent sign intended for use for a limited period of time, as
regulated within this Chapter.
TRAIL SIGN: A sign identifying a trail or trailhead and which may contain directional
information or information about the trail.
VEHICLE SIGN: Any sign, logo or advertisement placed, painted, attached, or displayed on
a vehicle.
WALL SIGN (FLAT): A sign attached to or erected against the wall of a building or
structure with the face of the sign parallel to the plane of said wall, and not extending over
twelve inches (12") from the wall of the building or structure.
WALL SIGN (PERPENDICULAR): A sign attached to or erected against the wall of a
building or structure with the face(s) of the sign perpendicular to the plane of said wall and
not extending over twelve inches (12”) from the wall of the building or structure.
WINDOW SIGN: All signs located inside and affixed to, painted on or within three feet (3')
of windows of a building, whether temporary or permanent, lighted or unlighted, which may
be viewed from the exterior of the building. The term does not include merchandise located
within three feet (3') of the window.
YARD SIGN (NONRIGID): Yard signs may be referred to as "lawn signs". Nonrigid
yard/lawn signs are not stable and typically are susceptible to being blown over by wind and
oftentimes do not remain vertical. Common types of nonrigid yard/lawn signs are corrugated
plastic, fold over cardboard, and poster type which are attached to a light metal stand with
1
less than one-fourth inch (/") thickness, or lattice type wood stakes, which are inserted into
4
the ground. The metal stands are usually an "H" or "I" type. The "H" type stand is shaped like
an "H" and two (2) of the prongs insert into the sign, or the sign is attached to the two (2),
and the other two (2) prongs are inserted into the ground. The single or double crossbar
between the two (2) prongs adds minimal strength and makes the entire stand one single unit.
The "I" type stand is essentially an "H" stand without a crossbar linking the prongs.
YARD SIGN (RIGID): Yard signs may be referred to as "lawn signs". Rigid yard/lawn signs
are stable and are not susceptible to being blown over by wind. Rigid yard/lawn signs are
1
made of a solid metal frame with a metal thickness of one-fourth inch (/") or more, or they
4
ORDINANCE NO. 710 – Page 149
11
are made of metal one-half inch by one-half inch (/" x /") angle iron, both of which
22
include solid metal legs for insertion into the ground. The metal frame includes an attached
metal or hard plastic sign face.
C. General Provisions
1.Sign Area
a.Wall Mounted Signs: In determining the total area of a sign that is mounted to a wall
or building and is created with individual letters only, an imaginary vertical line shall
be drawn before the first and after the last letter of each word in the sign. Imaginary
horizontal lines shall be drawn above and below each line in the sign. The sum or the
areas within these intersecting lines shall equal the total area of the individual letter
sign. An example of this formula is shown in Exhibit 3-M:
Exhibit 3-M
Sign Area - Wall Mounted Sign With Individual Letters
When graphics are used in combination with letters to create the sign message the
graphics shall be included as part of the formula in determining total area. An
example of this formula is shown in Exhibit 3-N:
Exhibit 3-N
Sign Area – Wall Mounted Sign With Letters and Graphics
ORDINANCE NO. 710 – Page 150
b.Freestanding/Monument Signs: In determining the total area of a freestanding or
monument sign, the measured width and height shall be of the entire mass of the frame
or monument that contains the signage. This area excludes architectural
embellishments that are distinct features from the area that is for signage. The
maximum height of the sign is determined by measuring from the tip of the frame or
monument to the adjacent grade. The maximum width of the sign is determined by
measuring the furthest horizontal extents of the frame or monument. An example of
this formula is shown in Exhibit 3-O:
Exhibit 3-O
Sign Area – Freestanding/Monument Signs
2.Lettering: All letters, numbers and logos for wall and monument signs shall be raised or
recessed. Stick-on or painted-on letters are not permitted.
3.Addressing: Any on-site sign which identifies a complex of structures shall display the
complex address or the address range within the complex. Any other on-site sign may
incorporate a street address. The area of any sign which displays a street address shall
not be computed as part of the sign face. The numeral size of all street addresses
displayed on building fascias shall be in conformance with all applicable government
regulations.
4.Sign Integration: All signs shall be designed and located as an integral part of the total
site or building design and shall be harmonious with the building architecture and colors.
5.Location of Signs: All permanent signs shall be located on-site and shall be outside of
any rights-of-way and sight triangles. Identification, temporary, portable, directional and
other signs may be located within the public right–of-way, but shall require the approval
and license agreement of the public entity controlling the right-of way. Signs shall be a
minimum of two feet (2’) from any sidewalk.
ORDINANCE NO. 710 – Page 151
6.Maintenance of Signs: Thefollowing maintenance standards shall apply to all signs:
a.Every sign and all parts, portion, units and materials comprising the same, together
with the frame, background, supports, or anchorage thereof, shall be continuously
maintained by the property owner or owners’ association in a safe, structurally sound,
neatly painted, and well-repaired condition.
b.Illuminated signs must be capable of being fully illuminated and legible and the
face(s) must be intact without holes or other exterior facial damage.
c.Illuminated signs that are damaged or have defective lighting elements shall remain
unlighted until repaired.
d.In the case of abandoned signs, any message or copy pertaining to the abandoned
business must be removed within ninety (90) days of user vacancy and shall remain
unlit until a new panel or sign is approved.
e.Any graffiti shall be removed within 48 hours.
D. Specific Provisions And Requirements:
1. Community Signs:
a.Community Entry Signs: One community entry sign shall be permitted on each side of
any entry road into Spring Valley. The entry sign wall shall not exceed twelve feet
(12’) in height for a grade-adaptive sign wall or ten feet (10’) in height for a free-
standing or non-grade-adaptive sign wall, and the sign area shall not exceed sixty (60)
square feet per sign. See Exhibits 3-Q, 3-R and 3-S.
Community Facility/Amenity Signs:
b.
(1)No more than two (2) types of signs may be allowed at each facility/amenity
(2)Free-standing signs: One (1) free-standing sign shall be allowed per street front.
The sign shall not exceed six feet (6 ‘) in height and eight feet (8’) in width and the
sign area shall not exceed forty eight (48) square feet. See Exhibit 3-T.
(3)Placard type/wall attached signs: One (1) sign shall be allowed on a pilaster on
each side of a vehicular or pedestrian access point into the facility or amenity. The
pilaster shall be a maximum of seven feet (7’) high and four and a half feet (4.5’)
wide and the sign area shall not exceed four (4) square feet per sign. See Exhibits
3-U and 3-V.
(4) Hanging signs: One (1) sign hanging from a pilaster shall be allowed on each side
of an entry drive into a facility or amenity. The pilaster shall be a maximum of ten
ORDINANCE NO. 710 – Page 152
feet (10’) high and five feet (5’) wide and the sign area shall not exceed nine (9)
square feet per sign. See Exhibit 3-W.
Subdivision/Neighborhood Signs
c.
(1)One subdivision/neighborhood sign may be permitted on each side of any entry
road into a subdivision, or within the landscape median at the entry road if
approved by ACHD, and at the intersection of any collector and/or arterial streets
abutting the subdivision.
(2)Subdivision/neighborhood signs shall not exceed eight feet (8’) in height and the
sign shall not exceed sixty (60) square feet per side. See Exhibit 3-X.
Regional and Community Trail Signs:
d.
(1) Trailhead informational signs: One (1) trailhead information sign showing
information about the trail (map, points of interest, rules, etc.) shall be allowed at
each designated regional and community trailhead and shall not exceed nine feet
(9') in height and twenty one (21) square feet in sign area. See Exhibit 3-Y.
(2) Trailhead portal sign and monuments: One (1) sign and entry portal monument
shall be allowed at each designated regional trailhead. The portal shall consist of
two (2) columns a maximum of fourteen and one half feet (14.5’) high and three
feet (3’) wide and shall contain the Spring Valley logo sign hanging from a beam
between the columns. The logo sign shall not exceed four and one half (4.5)
square feet in area. See Exhibit 3-Z.
(3) Trail informational and directional signs: Trail directional and informational signs
shall be located as needed at trail entrances and road crossings and along trails to
indicate directional changes, distances and similar information. Informational
signs shall not exceed six feet (6’) in height and the sign area shall not exceed
eight (8) square feet. Directional signage shall not exceed five feet (5’) in height
and three (3) square feet in sign area. Such signs may be combined. See Exhibit 3-
Y.
Community Directional Signs: A community directional sign shall be permitted on
e.
each side of an arterial or collector street or within a median or round-a-bout of such
streets (subject to ACHD approval). Such sign shall be located at or before an
intersection to direct the public to a community facility. Such sign may be single or
double sided and shall not exceed six feet (6 ‘) in height and forty eight (48) square
feet per side. Such sign shall contain a maximum of five (5) panels with each panel a
maximum of nine inches (9”) in height. See Exhibit 3-AA. A community directional
sign may be required to co-locate/be combined with a builder directional sign to
ORDINANCE NO. 710 – Page 153
reduce signage clutter along the street. If separate, the minimum separation between
such signs shall be six hundred and sixty feet (660’).
Builder Directional Signs: A builder directional sign shall be permitted on each side
f.
of an arterial or collector street or within a median or round-a-bout of such streets
(subject to ACHD approval). Such sign shall be located at or before an intersection to
direct the public to a project or residential neighborhood. Such sign may be single or
double sided and shall not exceed six feet (6’) in height and forty eight (48) square feet
per side. Such sign shall contain a maximum of five (5) panels with each panel a
maximum of nine inches (9”) in height. See Exhibit 3-AA. A builder directional sign
may be required to co-locate/be combined with a community directional sign to reduce
signage clutter along the street. If separate, the minimum separation between such
signs shall be six hundred and sixty feet (660’).
Community Marketing Signs: A maximum of two (2) community marketing signs
g.
may be located along a state highway outside the ITD right of way. The signs shall
not exceed ten feet (10’) in height and one hundred forty (140) square feet in area.
The sign permit duration shall be limited to two (2) years after which the sign may be
removed or the permit may be renewed in successive two (2) year periods upon
approval by the city. Such sign shall be removed not later than three (3) months after
obtaining the final residential building permit for Spring Valley. See Exhibit 3-BB.
Written city approval shall not be required for the following temporary community
h.
signs as described and regulated within this subsection.
(1)Spring Valley Feather Flag Signs: Feather flag signs displaying the Spring Valley
name and logo are located at the community information center, community
amenities, and commercial projects and residential subdivisions under construction
or for new sale or lease. Spring Valley feather flag signs shall be a maximum of
fifty six (56) square feet in area and shall be attached to poles a maximum of
fourteen feet (14’) in height. Up to eight (8) double-faced feather flag signs shall
be allowed at each location. Such signs shall be removed prior to the build-out of
the community, in the case of the community information center and community
amenity, or prior to the issuance of the final occupancy permit within commercial
project or residential subdivision. See Exhibit 3-CC.
(2) Streetlight Banners: Streetlight banners displaying the Spring Valley name and
logo and/or community events are attached to streetlight poles along arterial,
collector and urban streets within Spring Valley. Two double-faced banners may
be attached to each pole and each banner shall be a maximum of twelve (12)
square feet in area. Holiday and special event banners shall be removed within
three (3) days after the closing of the event or the end of the holiday or special
event. See Exhibit 3-CC.
ORDINANCE NO. 710 – Page 154
(3) Community Event Signs: Community events signs shall be permitted for a
maximum of sixty (60) days in any calendar year. A sticker with the date the sign
was first installed shall be affixed to the back of the sign. Said sign shall be a
maximum of five feet (5’) in height and one hundred fifty (150) square feet in area.
No requirement within this Chapter shall apply to temporary community event
signs except however, no temporary community event sign shall block ADA
accessible sidewalk requirements or violate the sight visibility triangle of any
intersection as determined by ACHD. Signs shall be removed within three (3)
days after the closing of the event.
(4) Future Development Signs: Future development signs shall be a maximum of
seven feet (7’) in height and forty eight (48) square feet in area. One single-faced
sign shall be allowed per street frontage, but no more than two (2) signs total per
parcel. Such signs shall be removed within thirty (30) days after start of
construction. See Exhibit 3-DD.
(5) Custom/Semi-Custom Lot Sign: One sign shall be allowed per lot. The sign shall
not exceed four feet (4’) in height on lots defined by setbacks and ten feet (10’) in
height on lots (over one (1) acre) defined by building envelopes and the sign area
shall not exceed thirty (30) square feet. On building envelope lots, the sign shall
be placed in the center of the building envelope. See Exhibit 3-EE.
2. Wall Signs (Flat And Perpendicular):
a. A single-tenant building shall be allowed a maximum of three (3) wall signs, provided
that each sign is placed on a different side of the building.
b. Each business within a multi-tenant building shall be allowed a maximum of three (3)
wall signs provided that each sign is placed on a different side of the building.
c. For a single-tenant building the total sign area of any wall sign shall not exceed ten
percent (10%) of the area of the building face to which it is attached, except that any
wall sign that is visible from a state highway shall be permitted a maximum of twenty
percent (20%) of the area of the building face to which it is attached.
d. For a multi-tenant building the total sign area of all wall signs shall not exceed ten
percent (10%) of the area of the building face to which they are attached, except that
the total sign area for wall signs that are visible from a state highway shall be a
maximum of twenty percent (20%) of the area of the building face to which they are
attached.
ORDINANCE NO. 710 – Page 155
e. The sign area, per side, of any perpendicular wall sign shall not exceed ten percent
(10%) of the area of the building face to which it is attached.
3. Monument Signs:
a. For single-tenant buildings which are not within a shopping center, monument signs
shall not exceed eight feet (8') in height and the sign area shall not exceed sixty (60)
square feet per side.
b. For multi-tenant buildings which are not within a shopping center, monument signs
shall not exceed fifteen feet (15') in height and the sign area shall not exceed one
hundred forty (140) square feet per side.
c. For any single-tenant building or multi-tenant building which is not located in a
shopping center, one monument sign per abutting street shall be permitted.
d. A shopping center as defined in section 8B of this Chapter shall be allowed one
monument sign per street that it abuts for any site less than twenty (20) acres in size
and two (2) signs for any site twenty (20) acres in size or larger. The height of any
such sign shall not exceed fifteen feet (15') adjacent to a roadway that is not designated
as a state highway and twenty five feet (25') adjacent to any state highway. The sign
area shall not exceed one hundred forty (140) square feet per side adjacent to a
roadway that is not designated as a state highway and two hundred (200) square feet
per side adjacent to any state highway. If the shopping center has a single address, the
address shall be located on the monument sign and shall be a size that is readable from
the street.
In addition to any shopping center monument signs, any single-tenant building within
a shopping center, and adjacent to a roadway, shall be permitted one monument sign.
The height of any such sign shall not exceed six feet (6') adjacent to a roadway that is
not designated as a state highway and eight feet (8') adjacent to any state highway. The
sign area shall not exceed forty (40) square feet per side adjacent to a roadway that is
not designated as a state highway and sixty (60) square feet per side adjacent to any
state highway.
e. The minimum distance between monument signs on a single parcel shall be one
hundred feet (100').
f. No monument sign shall be any closer than fifty feet (50') from a monument sign, or
other freestanding sign, on an adjacent property.
ORDINANCE NO. 710 – Page 156
g. Monument signs are permitted to be double faced.
4. Freehanging Signboards:
a. Freehanging signboards shall not exceed eight (8) square feet nor shall any such sign
extend beyond the porch or canopy to which it is attached.
b. A minimum distance of seven feet six inches (7'6") shall be required between a
walkway and the bottom of a freehanging signboard.
5. Fuel Island Signs:
a. Fuel island canopies shall be permitted to have a maximum of three (3) signs.
b. The signs shall be attached to, or painted on, the canopy face.
c. The height and width of the sign shall be reviewed with regard to its proportional
relationship to the height and width of the canopy face to which it is attached or
painted. The sign area shall be a maximum of twenty (20) square feet but in no case
1
shall the sign cover more than one-third (/) of the area of the face of the canopy to
3
which it is attached or painted.
d. If two (2) signs are proposed, each sign shall be located on a different side of the
canopy and should be oriented to face oncoming traffic.
e. A one square foot sign may be permitted for the fuel logo or fuel brand only on each
side of each fuel dispenser or spandrel attached thereto.
6. Drive-Through/Drive-Up Service Menu Board Signs:
a. Shall not exceed seven feet (7') in height and the sign area shall not exceed thirty five
(35) square feet.
b. Internal illumination may be permitted if the Design Review Board determines the
following:
(1) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of this Title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
ORDINANCE NO. 710 – Page 157
(3) The lighting will not be disturbing to existing or future neighboring uses.
7. Vendor And Temporary Merchant Signs:
a. Shall comply with all the requirements of portable on premises advertising signs
except that any temporary vendor sign shall be allowed only for the length of time that
the temporary vendor is in operation.
b. Shall be in compliance with Title 3, Chapter 4, "Vendors, Solicitors And Temporary
Merchants", of city code.
8. Automated Signs:
a. Automated signs may be permitted as a part of a monument sign only if the Design
Review Board determine the following:
(1) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of this Chapter;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
b. All automated signs that utilize light to create change may change frame content
through dissolve, fade or scroll features only. No sign shall be operated in a manner
which the sign, sign structure, design or pictorial segment of the sign shows full
animation, growing, flashing, rotating content, or otherwise creating an illusion of
movement, except for single color text only message displays scrolling or traveling
across the sign area.
c. The signs shall only change frame content not more than every eight (8) seconds. The
change of content must change immediately within a period of less than one second.
d. Based on brightness measured in nit (an illuminative brightness measurement
equivalent to 1 candle per square meter measured perpendicular to the rays of the
source); automated signs that utilize light to change frames shall contain an auto
dimmer allowing for no more than five thousand two hundred (5,200) nit illumination
between sunrise and sunset and up to three hundred (300) nit illumination between
sunset and sunrise.
ORDINANCE NO. 710 – Page 158
e. The automated sign portion of any sign should be constructed into the sign in a manner
in which it is subordinate to the overall design of the sign. The automated sign portion
of any sign shall not exceed twenty percent (20%) of the face of any sign.
f. Where more than one sign is allowed only one sign may contain an automated sign.
g. The addition of an automated sign to any nonconforming sign is prohibited.
h. Any conforming existing sign or portion of a conforming existing sign that is refaced
with an automated sign shall require a design review approval.
9. Prohibited Signs: The following signs and attention attracting devices shall be prohibited
within Spring Valley, except as may otherwise be specifically stated within this
subsection. Prohibited or non-conforming signs shall be removed within five (5) calendar
days of notification of the violation by the master developer, SVCA, SVDRC or the city.
Prohibited or non-conforming signs that are not removed within five (5) calendar days of
notification are subject to removal by the master developer, SVCA, SVDRC or the city at
the owner's or user's expense:
a. Pole signs.
b. Billboard signs.
c. Roof signs.
d. Cabinet signs (standard) except with non-translucent panels as may be incorporated
into a monument sign which includes advertising for multiple tenants, and as long as
the cabinet portion of the multi-tenant monument sign is surrounded on all four (4)
sides by architectural elements of the sign structure.
e. Wall signs that extend above the parapet wall.
f. Permanent reader board signs in excess of twenty (20) square feet and all temporary
reader board signs.
g. Off premises signs, except as otherwise stated within this Chapter.
h. Banner signs placed within landscaped areas, or otherwise placed on posts inserted
into the ground, except for grand openings, community events, community yard sales
and yard sales for nonprofit organizations.
ORDINANCE NO. 710 – Page 159
i. Yard signs (non-rigid) except for political campaigns, garage sales and yard sales as
regulated within this Title.
j. Any sign which is prohibited within the sight visibility triangle as specified within the
ACHD "Policy Manual" or otherwise create a safety hazard by obstructing the clear
view of pedestrian and vehicular traffic.
k. Any sign which blocks the Americans with disabilities act (ADA) minimum width
required for handicap accessibility on a public sidewalk.
l. Searchlights, beacons, strobe lights, scintillating lights, and similar lights except for
grand openings and community events.
m. Moving, revolving, intermittent, oscillating, animated, or flashing signs, except for
grand openings and community events.
n. Chasing lights, except as may be approved by the city as an integral part of a building
or structure, and except for grand openings, community events and seasonal events.
o. Inflatable balloons and blimps and other wind activated or spinning devices.
p. Bubble machines except for grand openings and community events.
q. Signs purported to be, or which are, an imitation of, or resemble an official traffic sign
or signal, or which bear the words "Stop", "Danger", "Warning", or similar words in a
manner potentially causing confusion with such official signs or signals.
r. Signs which by reason of their size, location, movement, content, coloring or manner
of illumination may be confused with or construed as a traffic control sign, signal or
device, or the light of an emergency or radio equipment vehicle, or signs which
obstruct the visibility of any traffic or street sign or signal device.
s. Miscellaneous signs and posters which are visible from a public way and are tacked,
pasted, taped or otherwise affixed in a similar manner to or upon the walls of
buildings, trees, poles, posts, fences, hydrants, bridges, or other structures.
t. Display of items for sale within any landscape area or required parking area except as
a part of a community event.
u. Signs, including window signs, identifying or advertising activities, products,
businesses or services which have been discontinued.
ORDINANCE NO. 710 – Page 160
v. Any sign in violation of this Chapter
w. Any sign in violation of local, state, or federal law over which the city exercises
jurisdiction.
x. Any sign whose permit or approval has expired.
10. Portable Signs: Written approval of the Administrator shall be required for any portable
on premises advertising sign, except for feather flag signs used as portable on premises
advertising signs, and off premises directional sign. A color picture, or color drawing,
including the dimension of any proposed sign shall be submitted to the city along with a
written narrative describing the sign materials, as well as the planned location of any such
sign. The Administrator shall review the sign proposal for compliance with this Chapter.
There shall be no cost to the applicant for Administrator review and action on any such
sign. Any denial or approval by the Administrator may be appealed in accordance with
Chapter 7 of this Title.
a.Portable On Premises Advertising Signs:
(1) One portable on premises advertising sign shall be permitted per business. Except
that, if the business abuts more than one street it shall be permitted one portable on
premises advertising sign per street that it abuts as long as the signs are a minimum
of fifty feet (50') apart.
(2) Portable on premises advertising signs, except for feather flag signs, shall be a
maximum of sixteen (16) square feet along roadways with three (3) or less travel
lanes with a speed limit of twenty five (25) miles per hour or less and twenty four
(24) square feet along roadways with more than three (3) travel lanes or along
roadways with a speed limit of over twenty five (25) miles per hour.
(3) Portable on premises advertising signs, except for feather flag signs, shall be a
maximum of five feet (5') in height along roadways with three (3) or less travel
lanes with a speed limit of twenty five (25) miles per hour or less and six feet (6')
in height along roadways with more than three (3) travel lanes or along roadways
with a speed limit of over twenty five (25) miles per hour.
(4) Portable on premises advertising signs shall only be permitted on the parcel where
the business is located, or on the adjacent sidewalk, and shall not be permitted on
any other parcel except that any multi-tenant site shall have the sign on the site and
not on any other site.
ORDINANCE NO. 710 – Page 161
(5) Portable on premises advertising signs on a public sidewalk abutting the business's
parcel may be permitted if a minimum of five feet (5') of unobstructed walkway, or
ADA required minimum, remains for pedestrians. The sign shall be located so as
to not interfere with the flow of pedestrians.
(6) If a feather flag sign is used as a portable on premises advertising sign the
maximum height shall be fourteen feet (14') and maximum width shall be four feet
(4').
(7) The sign, copy, and materials shall be maintained and kept in good condition and
repair to guard against decay, unsafe, and poorly maintained signs.
b. Portable Off Premises Directional Signs:
(1) Portable off premises directional signs shall only be permitted for businesses
which are not located on any street designated as an arterial street on the Spring
Valley master streets and circulation plan (this includes any business in a shopping
center or business park).
(2) Portable off premises directional signs are allowed only when a change in direction
is required to lead customers to the business site.
(3) A maximum of two (2) portable off premises directional signs are allowed per
business.
(4) Portable off premises directional signs shall be separated by a minimum of six feet
(6’).
(5) Portable off premises directional signs which include multiple businesses are
encouraged in order to guard against clutter and therefore are permitted double the
height and size maximums specified in subsections E11f and E11g of this section.
(6) Portable off premises directional signs shall be a maximum of eight (8) square feet
along roadways with three (3) or less travel lanes with a speed limit of twenty five
(25) miles per hour or less and twelve (12) square feet along roadways with more
than three (3) travel lanes or along roadways with a speed limit of over twenty five
(25) miles per hour.
(7) Portable off premises directional signs shall be a maximum of two and one-half
feet (2.5') in height along roadways with three (3) or less travel lanes with a speed
limit of twenty five (25) miles per hour or less and three feet (3') in height along
ORDINANCE NO. 710 – Page 162
roadways with more than three (3) travel lanes or along roadways with a speed
limit of over twenty five (25) miles per hour.
(8) Portable off premises directional signs on a public sidewalk may be permitted if a
minimum of five feet (5') of unobstructed walkway, or ADA required minimum,
remains for pedestrians. The sign shall be located so as to not interfere with the
flow of pedestrians.
(9) The sign, copy, and materials shall be maintained and kept in good condition and
repair to guard against decay, unsafe, and poorly maintained signs.
(10) No portable off premises directional sign owner shall have any exclusive right to
any location within a public right of way, nor shall any sign be permitted to be
placed within any congested area where the signage might impede or
inconvenience the public. For the purpose of this paragraph, the judgment of a
"public safety officer" (as defined in Chapter 3-4-2 of city code), or ACHD
official, or ITD official, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public is impeded or inconvenienced.
(11) Portable off premises signs are only allowed to be displayed during the hours that
the business is in operation.
11. 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 Title are also prohibited as temporary signs.
a. Government: Governmental or other legally required posters, notices or signs.
b. Banner Signs(Business): Banner signs used for limited time frame promotions of
special events, business open houses, or sales of products or services. Said banner
signs shall be securely attached to a fence, building, structure or similar permanent
fixture and shall not be permitted to be displayed for more than thirty (30) consecutive
calendar days with a minimum of thirty (30) consecutive days between placements. No
banner sign shall be placed within a landscaped area, or otherwise be placed on posts
inserted into the ground. The maximum size for any such banner sign shall be forty
eight (48) square feet. One (1) banner sign shall be allowed per business.
c. Real Estate Signs: "For Sale", "For Rent", or "For Lease" signs for properties,
businesses and residences provided such sign does not exceed six (6) square feet in
residential land use designations, and sixteen (16) square feet in all other land use
designations, except that no said signs may be permitted along state highways. Said
ORDINANCE NO. 710 – Page 163
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 and only one (1) said sign shall be allowed.
d. Real Estate Open House Signs: On and off premises signs used for real estate open
houses. Said signs shall not exceed six (6) square feet, shall only be used during the
open house, and shall be removed immediately after the open house. One (1) said sign
per open house shall be allowed at each intersection.
e. Political Signs: Off premises signs used for political campaigns for any item or
individual on a voting ballot. Said signs may only be used during the campaign and
shall be removed within forty eight (48) hours after the voting booths close.
f. Garage And Yard Sale Signs: On and off premises signs used for garage sales and yard
sales during the sale only, except that community yard sales and yard sales for
nonprofit organizations may have signs posted ten (10) days prior to the sale. Said
signs shall be removed immediately after the sale.
g. Construction Signs: Shall be placed on the construction site only between the time that
a development application has been filed with the city and final issuance of certificate
of occupancy. Contractors' signs may include banks, realtors, subcontractors, etc., and
shall not exceed sixteen (16) square feet, except that thirty two (32) square feet may be
permitted along state highways, unless legally required by governmental contract to be
larger, and eight feet (8') shall be the maximum height. Said signs shall be located a
minimum of five feet (5’) inside the property line even if the sign is attached to
construction fencing. One (1) said sign shall be allowed per street frontage, but no
more than two (2) signs in total.
h. Subdivision Directional Signs (Off Premises): Subdivision directional signs outside of
Spring Valley shall advertise the subdivision name with directional information and
may advertise trade information and/or price range. Said signs shall be a maximum of
sixteen (16) square feet, except that thirty two (32) square feet may be permitted along
state highways, and said signs may be a maximum of eight feet (8') high. A maximum
of three (3) off premises subdivision directional signs may be utilized for any
subdivision within the city limits. All signs are to be placed on private property. Said
signs are allowed only when a change in direction is required to lead customers to
subdivision site. Subdivision directional signs may only be erected after city approval
of the final plat for the subdivision and must be removed after the last lot within the
approved final plat is sold by the developer. For subdivision directional signs within
Spring Valley, see subsection E3c, Builder Directional Signs, in this Chapter.
ORDINANCE NO. 710 – Page 164
i. Grand Opening Signs: All signs, except for prohibited signs as regulated in this
Chapter, are allowed for a grand opening for a new subdivision, business or enterprise
or for a grand opening for a subdivision, business or enterprise under new
management for a maximum period of sixty (60) calendar days. One (1) sign shall be
allowed for each subdivision, business or enterprise.
j. Temporary Sign In Lieu Of Permanent Wall Sign: A business identification banner, or
similar sign, is allowed on a temporary basis, not to exceed one hundred twenty (120)
days, during approval and construction of any wall sign for a new business. Said sign
shall not be larger than the wall sign that would be permitted per this section, shall
only be located on the face of the building where the wall sign would be permitted per
this Title, and shall be removed when the permanent sign is installed, not to exceed
one hundred twenty (120) days.
k. Temporary Sign In Lieu Of Permanent Monument Sign: A subdivision or business
identification A-frame, sandwich board or similar sign, is allowed on a temporary
basis, not to exceed one hundred twenty (120) days, during approval and construction
of any monument sign for a new subdivision or business. Said sign shall not be larger
than the monument sign that would be permitted per this section and shall be removed
when the permanent sign is installed, not to exceed one hundred twenty (120) days.
l. Holiday Signs: Temporary signs commemorating and/or recognizing a "holiday" as
defined herein shall be allowed during the time the holiday is typically recognized.
Holiday signs shall not advertise a business, product or service. No requirement within
this section shall apply to temporary holiday signs except however, no temporary
holiday sign shall block ADA accessible sidewalk requirements or violate the sight
visibility triangle of any intersection as determined by ACHD. Holiday signs shall be
removed within three (3) days following the end of the holiday.
m. Person Signs: Signs worn or held by a person while walking the public ways of the
city.
12. Sign Illumination:
a. The design review board must find that any illuminated sign permitted under the
specific regulations within this section 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 Spring Valley architecture theme,
while encouraging energy efficient lighting. No illuminated sign or lighting device
shall be placed or directed so as to permit or cause glare or reflection which may
ORDINANCE NO. 710 – Page 165
constitute a traffic or safety hazard or interfere with the use and enjoyment of a public
street, walkway or adjacent property.
b. Illumination types, styles, and practices not listed herein shall be prohibited unless
otherwise deemed by the design review board to be consistent with the Spring Valley
architecture theme.
c. Floodlighting is permitted only through the use of incandescent, LED (4,000 Kelvin
+/- 275 Kelvin), metal halide (320 watts maximum) and high pressure sodium light
sources.
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. LED is permitted as a light source for reverse channel letters.
f. Halo illumination is permitted.
g. All types of internal illumination are prohibited, except for automated signs and drive-
through/drive-up service menu board signs as regulated in this Chapter.
h. External sign illumination shall be shielded and directed so that the light illuminates
the face of the sign only.
13. Landscaping: Landscaping shall be provided at the base of all monument signs.
Landscape plans shall be prepared by or under the responsible control of a licensed
landscape architect with said plans to be duly stamped to clearly identify the preparer.
The amount required shall be three (3) times the size of the largest sign area. An example
is shown in Exhibit 3-P:
ORDINANCE NO. 710 – Page 166
Exhibit 3-P
Landscape at Monument Sign Bases
16. Master Sign Plans:
a.Community Master Sign Plan: A community master sign plan, as defined by this
Chapter, shall be submitted to the Design Review Board for review and approval. The
purpose of a master sign plan is to coordinate signs, and create a plan that establishes
ORDINANCE NO. 710 – Page 167
and maintains a consistent and overall community sign design. The Community
Master Sign plan shall include detailed exhibits containing signage standards for
community signage within Spring Valley including sign locations, sign type,
dimensions, materials, colors and letter font, size and application, consistent with
exhibits 3-Q through 3-DD of this section. The general phase by phase location of said
signs shall be in compliance with the approved PUMP Signage Plan for each
applicable PUMP. Once the community master sign plan is approved, community
signs adhering to the criteria in the master plan shall be approved by the
Administrator. Until such time as the community master sign plan is approved, the
provisions of City Code for signage approval shall apply to community signs.
b.Project Master Sign Plan: A developer who retains control over one or more
structures or buildings intended for business occupancy in a shopping center, business
or office park, single or multi-tenant commercial or industrial facility or similar project
shall submit a project master sign plan, as defined by this Chapter, shall be to the city
for review and approval. The purpose of a master sign plan is to coordinate signs, and
create a plan that establishes a building or site's overall sign design. The master sign
plan shall show sign colors, styles and locations of buildings, maximum size,
illumination, and materials to be used.
c.The master sign plan may be approved by the city with elements that require
suspension or relaxation of the height, area, number of signs, or locations of signs
specified within this section if the design review board finds that extraordinary
conditions exist which allow suspension or relaxation, but that any suspension or
relaxation will still meet the intent of this section and:
(1) The development site contains unique or unusual physical conditions such as
topography, proportion, size or relation to a public street that would limit or restrict
normal sign visibility; or
(2) The proposed or existing development exhibits unique characteristics of land use,
architectural style, site location, physical scale, historical interest or other
distinguishing features that justify variation from conventional development; or
(3) The proposed signage incorporates special design features such as logos, emblems,
murals, statuaries or similar architectural elements that are designed in a manner
determined by the city to be architecturally compatible to the sign and area.
17. Exempt Signs: The provisions and requirements of this section shall not apply to the
following signs and attention attracting devices, except that no sign or attention attracting
device shall block ADA accessible sidewalk requirements or the sight vision area of an
intersection as determined by ACHD:
ORDINANCE NO. 710 – Page 168
a. Public Convenience Signs: Signs not exceeding six (6) square feet in area, erected for
the convenience of the public, such as signs identifying restrooms, public telephones,
walkways and similar features or facilities.
b. Directional Signs (On Premises): Shall not exceed six (6) square feet in area.
c. Memorial Signs: Memorial signs or tablets, names of buildings and dates of erection
of a building or structure.
d. Traffic or Other Municipal Signs (Signs Required By Law): Traffic signals, railroad
crossings signs, legal notices, and such temporary emergency or non-advertising signs
as may be authorized by the city council.
e. Emergency Service Signs: Signs for emergency services such as police services,
emergency rooms, fire departments, hospitals, etc.
f. Utility Company Signs: Signs of public utility companies indicating danger or which
show the location of utility facilities.
g. Address Numbers: Numbers and letters for address identification.
h. Warning Signs: Non-illuminated or externally illuminated "No Trespassing", "No
Parking", "No Dumping" and other warning signs located on the lot to which the sign
is appurtenant and not exceeding six (6) square feet in area.
i. Seasonal Decorations: Reasonable seasonable decorations within the appropriate
holiday season. However, such displays shall be removed at the end of the public
holiday season.
j. Flag (Government): The flag of the national, state and local government, except no
more two flags are permitted per pole, each flag shall not exceed twenty five (25)
square feet in surface area, shall be let loose to fly in the breeze and the pole shall be a
maximum of thirty five feet (35’) in height.
k. Flag (Commercial): The flag of a commercial institution, except that no more than
one flag is permitted per business, the flag shall not exceed twenty (20) square feet in
surface area, shall be left loose to fly in the breeze and the pole shall be a maximum of
fifteen feet (15') in height.
l. Art: Sculptures, fountains, mosaics and design features which do not incorporate
advertising or identification.
ORDINANCE NO. 710 – Page 169
m. Murals: Murals shall be considered art and not signs as long as the mural is not used
to advertise the business. Murals shall be artistic and nostalgic in nature and shall
follow the theme of Spring Valley architecture. After receiving a recommendation
from the Eagle arts commission, all murals shall be reviewed by the design review
board and approved by the city council.
n. Historic Signage: Signs pertaining to any local historical significance are exempt from
the provisions of this Title.
o. Window Signs (Non-illuminated): Non-illuminated window signs as long as the total
window area covered does not exceed twenty five percent (25%) of the total window
area of all windows facing public streets.
p. Window Signs (Neon): Neon window signs no larger than four (4) square feet or ten
percent (10%) of the window where it is placed, whichever is larger, but no more than
two (2) neon window signs per street frontage shall be allowed.
q. Door Signs: Door signs identifying the business and/or indicating business hours,
emergency phone numbers, etc., shall be permitted up to a maximum of two (2) square
feet.
r. Party Balloons: Latex and mylar style party balloons twenty four inches (24") or less
in diameter.
s. Displays: Display of items for sale located at any city approved business site, but not
within any landscape area or required parking area, except as a part of a community
event.
t. Signs Located Inside Buildings: Signs located in the interior of any building or within
an enclosed lobby or court of any building or group of buildings, which signs are
designed and located to be viewed exclusively by patrons of such use or uses.
18. Signs On City Owned Property:
a. No person shall erect a sign upon any property owned or controlled by the city without
first having procured prior written permission from the city. Before any permit shall be
granted for the erection and maintenance of a sign upon property of the city, a sign
approval application shall be required with any additional information which the
Administrator shall deem necessary to carry out the purposes and intent of this Title.
In the event the permit does not specify a term, the permit shall expire twelve (12)
months from the date of issuance.
ORDINANCE NO. 710 – Page 170
b. In the event that any sign is erected or maintained in violation of the provisions of this
subsection, the city may direct the removal of such sign. In the event the permittee
deems such removal to be without cause, they may, within thirty (30) days after such
removal, make written appeal to the city council. The findings of the city council, after
notice to the permittee and due hearing, shall be final.
E. City Entry Statement And Cooperative Sign Plan: The city may develop a city entry
statement and cooperative sign plan which includes the city entry signs and streetlight
signage and which specifies the design criteria, aesthetics, locations and funding methods for
future public, private or public/private partnership construction of cooperative business
identification and directional signage.
F. Violations And Penalties For Noncomplying Signs: In addition to or in lieu of removal of
noncomplying signs by the city as permitted by this Title, the sheriff, deputy sheriff, or
zoning officer sworn as a limited purpose deputy, may issue to the known owner of such sign
an infraction citation which shall be an infraction. Such citation shall impose upon the owner
a fine of twenty five dollars ($25.00) for the first violation, fifty dollars ($50.00) for the
second violation, and one hundred dollars ($100.00) for the third and subsequent violations.
Each day a sign continues in violation of this Title shall be deemed a separate offense.
ORDINANCE NO. 710 – Page 171
Exhibit 3-Q
ORDINANCE NO. 710 – Page 172
Exhibit 3-R
ORDINANCE NO. 710 – Page 173
Exhibit 3-S
ORDINANCE NO. 710 – Page 174
Exhibit 3-T
ORDINANCE NO. 710 – Page 175
Exhibit 3-U
ORDINANCE NO. 710 – Page 176
Exhibit 3-V
ORDINANCE NO. 710 – Page 177
Exhibit 3-W
ORDINANCE NO. 710 – Page 178
Exhibit 3-X
ORDINANCE NO. 710 – Page 179
Exhibit 3-Y
ORDINANCE NO. 710 – Page 180
Exhibit 3-Z
ORDINANCE NO. 710 – Page 181
Exhibit 3-AA
ORDINANCE NO. 710 – Page 182
Exhibit 3-BB
ORDINANCE NO. 710 – Page 183
Exhibit 3-CC
ORDINANCE NO. 710 – Page 184
Exhibit 3-DD
ORDINANCE NO. 710 – Page 185
ORDINANCE NO. 710 – Page 186
11A-3-9 LIGHTING
A.General
1.Exterior lighting design shall provide a cohesive theme for the community, neighborhood
or project and consider the aesthetics, color, photometric performance, glare and light
trespass of exterior lighting in the lighting design. Lighting types to be considered
include, but are not limited to, street lighting, parking lot lighting, building exterior
lighting, landscape lighting, plaza, walkway and trail lighting, and sports field
illumination.
2.All exterior lighting, including sports and recreational lighting fixtures, shall provide
acceptable qualities and quantities of illumination for its function and minimize off-site
glare and light trespass. Any lights used to illuminate a site shall be arranged to reflect
light away from the adjoining property.
3.Lighting design shall promote dark sky principles which seek to minimize light pollution
and degradation of the nighttime visual environment by incorporating lighting practices
that minimizing the amount and area of illumination. Such practices include:
a.Providing lighting fixtures with lamp wattages designed for the minimum level
required by the use.
b.Providing energy-efficient light sources.
c.Minimizing light trespass and glare by aiming fixtures downward and shining light
only where it’s needed and providing appropriate shielding as necessary to ensure that
that little or no unwanted light falls directly onto adjacent property.
d.Minimizing the duration of illumination of certain light sources (sports fields and
court lighting) by having lights out as long as practical.
B.Street Lighting
1.The master developer or subdivision developer shall install streetlights at locations
described in subsection B.3 below and as approved by the Administrator). After
installation and acceptance by the Administrator, the owners association shall pay the
cost of maintenance and power and assume ownership of the streetlights.
2.Street lights along public streets in Spring Valley shall consist of two types as shown on
Exhibit A:
a.Type A street lights shall be used along principal and minor arterial roadways to
emphasize the importance of such roadways.
ORDINANCE NO. 710 – Page 187
b.Type B street lights shall be used on collector and local streets.
c.Either Type A or Type B street lights shall be used on urban streets depending on
whether they are arterial, collector or local streets. Private streets may contain
different street lights than the Type B light, but they shall be appropriate to the
character of the neighborhood or project and shall not be higher than the Spring
Valley Type B street light standard.
d.Type A and B street lights shall be in accordance with the examples shown on Exhibit
A and consist of the following components as shown on the manufacturers’ cut sheets
at the end of this section:
(1)Type A Pole: Ameron concrete wood-grained pole, or approved equal, with a
pole height of 19’-4” to 29’-4”.
(2)Type B Pole: Ameron concrete wood-grained pole, or approved equal, with pole
height of 14’-7” to 19’-6”.
(3)Luminaire: Gallery 1970-S FG BF or approved equal.
(4)Lamps: LED (4,000 Kelvin +/- 275 Kelvin) or metal halide (320 watts
maximum) but shall be consistent in their application within each roadway type.
3.Luminaires shall conform to Illuminating Engineering Society of North America
(IESNA) standards for street lighting based on roadway classification and approval by the
city.
4.Street lights shall be generally placed at intersections, at the end of cul-de-sacs and other
locations as necessary and subject to city approval to provide for roadway and
neighborhood safety. Street light spacing between intersections shall be as follow:
Type A Street Light: One thousand feet (1,000’) maximum or as otherwise
(1)
determined by the city.
Type B Street Light: Thirteen hundred feet (1,300’) maximum or as otherwise
(2)
determined by the city.
C.Parking Area Lighting
1.All parking areas shall be illuminated in accordance with the provisions of this
subsection.
2.Parking area lights for all parking areas in Spring Valley shall be the Type B street light,
or equal, with single or double mast arms.
ORDINANCE NO. 710 – Page 188
3.All lights used to illuminate a parking area shall be arranged to reflect the light away
from the adjoining property
4.All parking area lighting shall direct all light downward and the light shall not trespass
more than 0.5 footcandles, as measured at ten feet (10’) within the property line of any
residentially zoned parcel or land or parcel of land used for residential purposes.
Luminaires shall not provide light above the zero azimuth.
5.Light pole fixtures shall have a maximum height of:
a.Thirty feet (30’) for parking lots with less than five hundred (500) spaces;
b.Thirty five feet (35’) for parking lots with more than five hundred (500) spaces;
c.Twenty five feet (25’) for any pole within fifty feet (50’) of a property line of any
residentially zoned parcel of land or parcel of land used for residential purposes.
6.LEDs (4,000 Kelvin +/- 275 Kelvin) and metal halide (320 watt maximum) shall be the
only type of parking area lighting permitted. Lamp type shall be consistent throughout the
parking area.
7.A photometric plan shall be reviewed and approved by the Administrator prior to
issuance of a building/zoning permit.
D.Pathway/Trail Lighting
1.Pathway/trail lighting shall consist of two types – pole lights and bollard lights. Pole
lights are identical to parking area lights and are located at trailheads, pathway/trail
entries and intersections and other focal points, such as seating areas. Bollard lights shall
be located along the paved section of the Big Gulch Regional Trail. Bollard lights shall
be a concrete rusted finish pole, or equal, as shown in Exhibit A.
E.Sign Lighting
1.Sign lighting shall be in accordance with the requirements in the Signage Regulations
section.
F.Sports Lighting
1.General Requirements: All exterior sports and recreational lighting installations shall
require a conditional use permit and comply with applicable city codes and ordinances.
Photometric calculations by a licensed electrical engineer are required in all applications.
The maintained average level of horizontal illuminance at grade level at the property line
shall not exceed 1 footcandle.
ORDINANCE NO. 710 – Page 189
2.Mounting Height: Sports lighting fixture mounting heights shall comply with IESNA
RP-6-01, Recommended Practice for Sports and Recreational Area Lighting.
3.Lamps shall be metal halide or approved equal as technologies advance.
4.Sports Courts: Lighting for sports courts (tennis courts, basketball courts and similar
uses) shall comply with the following criteria:
a.Luminaires shall be square cutoff fixtures.
5.Field Sports: Lighting for baseball, softball, football and soccer fields shall be
considered Sports Class IV as defined by IESNA standards and shall be fully shielded
and comply with all requirements regarding light spill and glare.
a.Pole heights shall be determined by the manufacturer’s recommended luminaire
mounting height.
b.Poles shall be finished to match the luminaires or may be zinc galvanized.
Exhibit 3-EE
Community Lighting Examples
ORDINANCE NO. 710 – Page 190
11A-3-10: ADMINISTRATIVE AND BOARD LEVEL APPLICATIONS:
A. Administrative Level Design Review Applications:
Shall be scheduled as stipulated in subsection 11A-3-13A of this Title. All design review
applications shall be reviewed and shall be acted on by the Administrator, except for those
listed in subsection B of this section.
B. Board Level Design Review Applications:
Shall be scheduled as stipulated in subsection 11A-3-13A of this Title. Design review
applications for the following shall be reviewed, and shall be acted on by the design review
board:
1. Any application that includes one or more new buildings.
2. An addition to an existing building which is greater than twenty five percent (25%) of its
gross floor area.
3. New building facades with material changes.
4. Any addition to an existing twenty thousand (20,000) square foot or larger building.
5. Master sign plans which include five (5) or more businesses.
6. Community Master Sign Plan
7. Any application which can only be approved with suspension or relaxation of some or all
requirements found in this Title in accordance with section 8-12A-2A-3 of this Title.
C. Concurrent Sign And Building Applications: All sign applications (including master sign
plans) made pursuant to this Title are required to be submitted for review at the time the
respective building design review application is made. This section is not intended to apply to
sign applications made for the advertisement of businesses in existing buildings where no
changes are proposed to the building at the time of the application.
ORDINANCE NO. 710 – Page 191
D. Administrator Decision: The ultimate decision of whether an administrative level review or
board level review will be required shall be determined by the Administrator.
11A-3-11: APPLICATION REQUIREMENTS:
Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or
otherwise change the use of the building or structure in Spring Valley, the applicant must file an
application, upon a form prescribed by the council, with the Administrator. All application
materials supplied or presented to the city including presentation boards, materials boards and
documentation are part of the public record and shall become the property of the city. The
applicant may be required to supply the city with colored photos of the presentation boards if
determined by the Administrator. The size of the photos shall be determined by the
Administrator and the boards may be returned to the applicant if the photos are provided to the
city.
Design review applications for any commercial building larger than one hundred twenty (120)
square feet shall be prepared by or under the responsible control of a licensed architect, unless
exempted under Idaho Code, section 54-309(2), with said plans to be duly stamped to clearly
identify the preparer.
Applications within Spring Valley shall have a letter from the Spring Valley Design Review
Committee at the time of submittal.
Applications shall be accompanied by appropriate architectural and site development plans as
may be required by the Administrator and in accordance with the requirements set forth in this
Title. The plans shall be legible, to scale and shall include, at a minimum:
A. Site Plans Showing:
1. Roofline and foundation plan of building, located on the site;
2. Location of existing trees and structures, if any;
3. Location and dimensions of streets and highway designations;
ORDINANCE NO. 710 – Page 192
4. Location and dimensions of off street parking and loading facilities;
5. Location and dimensions of points of entry and exit for vehicles and internal circulation
patterns;
6. Location of walls and fences and indication of their height and material of construction;
7. Exterior lighting standards and devices including detailed cut sheets and photometric plan
(pedestrian, vehicle, security, decoration);
8. Landscape plan;
9. Scale and north arrow;
10. Location and designation of all rights of way and property lines.
B. Architectural Plans Showing:
1. Building materials;
2. Four (4) elevations to include all sides of development. Perspectives, models or other
suitable graphic materials may be submitted at the option of the applicant and if determined
by the Administrator;
3. Proposed color schemes of entire building, including roof;
4. Site photographs (snapshots) of the site itself and adjacent properties to intersections;
5. Color and texture chips of actual samples of materials may be submitted at the option of the
applicant and as may be required by the Administrator;
6. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and
illumination; and
7. Scale drawings showing the placement and size of all roof mounted mechanicals and the
screening of such equipment by a parapet wall or within the roof system.
C. Engineered Grading And Drainage Plans:
1. A generalized drainage plan showing direction drainage with proposed on site retention.
2. Upon submittal of building/construction plans for an approved design review application, a
detailed site grading and drainage plan, prepared by a registered professional engineer (PE)
ORDINANCE NO. 710 – Page 193
or licensed landscape architect (ASLA), shall be submitted to the city for review and
approval by the city engineer.
3. a. Upon the completion of the site grading and drainage structure installation, or other
improvements subject to city engineer approval, a written certification of completion shall
be prepared by the registered professional engineer (PE) or licensed landscape architect
(ASLA) responsible for the plan. The certification of completion shall state that the
installation of all drainage improvements are in substantial compliance with the city
approved drainage 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. In the event that deficiencies are present after the site grading and drainage structure
installation, or other improvements subject to city engineer approval, the registered
professional engineer (PE) or licensed landscape architect (ASLA) shall prepare and file
with the city a report noting the deficiencies in the installation. The city will not accept the
certification of completion, or issue a certificate of occupancy, until the registered
professional engineer (PE) or licensed landscape architect (ASLA) has verified that the
deficiencies have been corrected.
D. Existing Structures And Sites: Applications involving conversion, remodeling, restoration,
renovation, enlargement, or expansion of existing structures or sites shall contain information
sufficient in content and detail so that the design review board and/or Administrator may be
assured the applicant complies with the provisions of this Title.
11A-3-12: NOTIFICATION:
The Administrator shall direct mail notice to applicant, owner, purchaser of record, at least seven
(7) days prior to the design review board meeting.
11A-3-13: DESIGN REVIEW APPLICATION PROCESSING:
A. Design Review Application Scheduling: At least thirty five (35) days prior to action by the
Administrator or design review board, anyone required to comply with this Title shall submit
their application, together with the required fee, to the Administrator. The Administrator may
ORDINANCE NO. 710 – Page 194
extend the review time for design review applications that are unusually large or complicated
and may decrease review times for applications that are minor or do not require transmittals to
other agencies. At least seven (7) days prior to any scheduled design review board meeting, all
applications to be considered at that meeting shall be made available to each member of the
board.
B. Action And Required Findings: Following a complete review of the design review
application, the Administrator or design review board, whichever is applicable, shall approve
the application as presented, approve the application with supplementary conditions, continue
the application for further review, or deny the application.
1. City Findings: The city shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The Administrator or design review board,
whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle comprehensive
plan and is in accordance with the regulations of this code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and
planned development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere
with ingress/egress to the site and will serve the intended use so as to not cause conflict
with adjacent uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area
and city, and where possible, enhance the continuity of thematically common architectural
features;
ORDINANCE NO. 710 – Page 195
e. Will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation
to artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian
friendly and walkable environment in balance with protecting a viable commercial center
in the area; and
i. Will have signs, if proposed, that are harmonious with the architectural design of the
building and adjacent buildings, and will not cover or detract from desirable architectural
features.
j. Will be consistent with the Spring Valley PADA
C. Appeals: Administrative level applications may be appealed to the design review board and
design review board actions may be appealed to the city council. An appeal fee, as may be
adopted by resolution of the city council, shall be required for any appeal. Appeals shall
comply with the following:
1. Any such appeal shall be submitted within ten (10) calendar days after the decision by
filing with the administrator a notice of appeal specifying the grounds for the appeal. The
administrator shall transmit to the appellate body, either the design review board or the city
council, all documents constituting the record upon which the appeal is based. An appeal
stays all proceedings in furtherance of the action taken.
2. Within seven (7) calendar days after receipt of an appeal, the Administrator shall fix a date
for the application to be heard and shall notify the appealing party and applicant, if not the
appealing party, with no further notification being required.
3. The grounds for the appeal may address, but is not limited to, the following:
a. Inconsistency with the required findings specified within subsection B of this section;
ORDINANCE NO. 710 – Page 196
b. Inconsistency with the purpose and objectives of this Title;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarranted prevention of an allowed land use;
f. Undue interference with the design integrity of the proposal;
g. Prohibition or unwarranted restriction of building type or material;
h. Violation of law.
4. The appellate body, either the design review board or the city council, shall either approve,
approve with supplementary conditions, or deny the design review application as presented
and shall adopt findings as required within subsection B of this section. Within seven (7)
calendar days after a written decision has been rendered by the city council, the
Administrator shall provide the applicant with written notice of the action on the request.
11A-3-14: APPEALS: (See ECC-11A-8-4)
11A-3-15: TERM OF APPROVAL:
A. Any approval given pursuant to the provisions of this Title shall lapse and become null and
void twelve (12) months following the date on which it was given, unless, prior to the
expiration date, construction or development is commenced and diligently pursued toward
completion on the site which was the subject of the application.
1. A maximum twelve (12) month extension of the time limit of the approved design review
application may be approved by the city council, at its sole discretion, if the following
findings are made:
ORDINANCE NO. 710 – Page 197
a. There are no outstanding city code or design review conditions of approval violations on
the subject property. If such violations exist, they may be conditioned by the city council
to be cured as a condition of the extension of time;
b. The design review application, as previously approved, remains in the best interests of the
health, safety, and general welfare of the city;
c. There have been no significant changes to this code between the date of application
approval and the application date of the time extension request that would require
substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on the
project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates that the
project will commence within the year; and
g. The applicant has provided a schedule that depicts the anticipated progress of the project.
2. The city council reserves the right to revoke the extension of time approval if it finds that
any of the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an
applicant so long as the criteria set forth in subsection A1 of this section are met. Nothing in
this section requires the city council to grant any extension of an approval period.
11A-3-16: MODIFICATIONS:
After approval of a design review application, the applicant may request a modification(s) to the
approved development plans or conditions. Such request shall be made upon an application form
prescribed by the council and shall be determined pursuant to the standards set forth in this Title.
ORDINANCE NO. 710 – Page 198
A. Administrative Level Approvals: The Administrator is authorized to approve all modifications
to approved design review applications except for those listed in subsections B and C of this
section.
B. Board Level Approvals: The following modifications to an approved design review
application shall require approval from the design review board:
1. Any change that may impact an adjoining residential neighborhood.
2. Any requests that, in the opinion of the Administrator, would significantly alter the
approved design of the site and/or building(s) in a manner such that design review board
review and approval should be required.
C. City Council Approvals: City council approval is required for any request to change or delete
a condition of approval which was established by the council as part of their approval of any
design review application which was appealed to the city council for their action.
D. Appeal: Any action on a modification to an approved design review application by either the
Administrator or design review board may be appealed in accordance with subsection 8-2A-
13C of this Title.
E. Failure To Obtain Approval: Failure of the applicant to obtain approval of any modifications
constructed contrary to the approved design review plans may result in the requirement to
reconstruct the development to comply with the original city approved design review plan.
The city will not issue a final occupancy or accept a certificate of completion from the
licensed architect or licensed landscape architect until the issue of the modification has been
resolved.
11A-3-17: RESTRICTIONS ON OTHER REQUIRED DOCUMENTS:
A. Building/Zoning Permits: The Administrator shall not issue a building/zoning permit to any
applicant from within the design review overlay district until the design review application
ORDINANCE NO. 710 – Page 199
has been specifically approved in writing by the Administrator or design review board and is
in full compliance with this code.
11A-3-18: SURETIES:
Prior to the issuance of a temporary certificate of occupancy, a surety in the form of an
irrevocable letter of credit, certificate of deposit, or cash, in the amount equal to one hundred
fifty percent (150%) of the estimated construction costs of site improvements, landscaping and
irrigation shall be provided by the owner/developer to the city to be held and deposited by the
city until said construction, landscaping and irrigation is complete. Surety bonds shall only be
accepted upon written approval of the city attorney and the city council. In the case of a Habitat
Area of Special Concern the surety amount shall be consistent with section 7-17d of this section.
Construction cost estimates shall be reviewed and approved by the city Administrator prior to
city acceptance of said surety. The surety initiation and extension fees shall be established by
resolution of the city council. No final certificate of occupancy shall be issued until the required
construction, landscaping and irrigation is complete pursuant to section 11A-3-19 of this Title. In
the event the owner/developer fails to complete all improvements required pursuant to the city
approved plans the city may, after written notice of intent to proceed, draw on the surety to
completely install, repair, or replace any and all improvements which are the subject of
noncompliance.
11A-3-19: INSPECTION:
A. When Required: For any development that is the subject of a design review application, the
Administrator shall cause an inspection of the development to be performed to verify that the
development has been completed in accordance with the specifications set forth in this Title.
B. Certification Of Completion:
1. a. Upon the completion of a building, or any other improvement subject to design review
approval, the licensed architect responsible for the plan shall prepare and file with the
city a written certification of completion. The certification of completion shall state that
the construction of the building is in substantial compliance with the city approved
architectural 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.
ORDINANCE NO. 710 – Page 200
b. In the event that deficiencies are present in the construction of the building, or any other
improvement subject to design review approval, the licensed architect shall prepare and
file with the city a report noting the deficiencies in the construction. The city will not
accept a certification of completion, or issue a certificate of occupancy, until the licensed
architect has verified that the deficiencies have been corrected.
c. The licensed architect may, at his discretion, appoint an authorized designee to certify the
project provided that the designee is a licensed architect.
C. Certificate Of Occupancy: The building inspector shall not issue a final certificate of
occupancy to the applicant until all of the requirements of the design review applications, as
approved by the design review board, have been complied with.
Chapter 4: SPECIFIC USE STANDARDS
11A-4-1: PURPOSE:
11A-4-2: SUPPLEMENTAL GENERAL PROVISIONS:
11A-4-3: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:
11A-4-4: COMMERCIAL AND INDUSTRIAL USES RESTRICTED:
11A-4-5: UNIQUE LAND USES:
11A-4-1: PURPOSE:
The purpose of Specific Use Standards is to set specific conditions for various uses where
problems are frequently encountered.
11A-4-2: SUPPLEMENTAL GENERAL PROVISIONS:
In addition to all other regulations as specified in this Title, the following provisions shall be
adhered to:
A.Conversion Of Dwellings To More Units: A residence may not be converted to accommodate
an increased number of dwelling units unless:
ORDINANCE NO. 710 – Page 201
The yard dimensions still meet the yard dimensions required by Chapter 2 of this Title
1.
for new structures in the land use district;
The lot area per family equals the lot area requirements for new structures in that district
2.
and the number of dwelling units per acre is less than or equal to the requirement in that
district;
The floor area per dwelling unit is not reduced to less than that which is required for
3.
new construction in that district; and
The conversion is in compliance with all other relevant codes and ordinances.
4.
The conversion does not exceed the total number of units allowed in Spring Valley; see
5.
Chapter 2 of this Title.
B. Temporary Buildings: Temporary buildings, construction trailers, equipment and materials
used in conjunction with construction work only may be permitted in any district during the
period construction work is in progress, but such temporary facilities shall be removed upon
completion of the construction work. Storage of such facilities or equipment beyond the
completion date of the project shall require a zoning permit authorized by the administrator.
C.Parking And Storing Of Certain Vehicles: Automotive vehicles or trailers of any kind or type
without current license plates shall not be parked or stored on any residentially zoned
property other than in a completely enclosed building or carport. Further, no boats, motor
homes or other recreational vehicles may be parked more than seventy two (72) consecutive
hours in front of any residentially zoned property. One boat and one recreational vehicle may
be stored in the side or rear yard.
D.Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial
and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall
or fence of at least six feet (6') in height, and a solid wood gate on a metal frame shall
enclose the fourth side, or shall be within an enclosed building or structure. Adequate
vehicular access to and from such area or areas for collection of trash and/or garbage as
determined by the administrator shall be provided.
ORDINANCE NO. 710 – Page 202
11A-4-3: COMMERCIAL AND INDUSTRIAL USES RESTRICTED:
A.Performance Requirements: No land or building in any district shall be used or occupied
in any manner creating dangerous, injurious, noxious or otherwise objectionable
conditions which could adversely affect the surrounding areas or adjoining premises;
except, that any case permitted by this Title may be undertaken and maintained if
acceptable measures and safeguards to reduce dangerous and objectionable conditions to
acceptable limits as established by the following performance requirements:
1.Fire Hazards: Any activity involving the use or storage of flammable or explosive
materials shall be protected by adequate firefighting and fire prevention
equipment and by such safety devices as are normally used in the handling of any
such material. Such hazards shall be kept removed from adjacent activities to a
distance which is compatible with the potential danger involved as specified in the
uniform fire code and the national safety foundation publications.
2.Radioactivity Or Electrical Disturbance: No activity shall emit harmful
radioactivity at any point, or electrical disturbance adversely affecting the
operation of any equipment at any point other than that of the creator of such
disturbance.
3.Noise: Objectionable noise, as determined by the administrator, which is due to
volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens
and related apparatus used solely for public purposes are exempt from this
requirement.
4.Vibration: No vibration shall be permitted which is discernible without
instruments on any adjoining lot or property.
5.Air Pollution: Air pollution shall be subject to the requirements and regulations
established by the health authority.
6.Glare: No direct or reflected glare shall be permitted which is visible from any
property outside a manufacturing district or from any street.
7.Erosion: No erosion by man, wind or water shall be permitted which will carry
objectionable substances onto neighboring properties.
8.Water Pollution: Water pollution shall be subject to the requirements and
regulations established by the health authority.
B.Measurement Procedures: Methods and procedures for the determination of the existence
of any dangerous and objectionable elements shall conform to applicable standard
measurement procedures published by the American standards institute, New York, the
Manufacturing Chemists' Association, Inc., Washington, D.C., the United States bureau
of mines and the health authority.
C.Enforcement: The administrator, prior to the issuance of a zoning permit, may require the
submission of statements and plans indicating the manner in which dangerous and
ORDINANCE NO. 710 – Page 203
objectionable elements involved in processing and in equipment operations are to be
eliminated or reduced to acceptable limits and tolerances.
11A-4-4SPECIFIC LAND USE STANDARDS
Certain land uses may pose special circumstances that may have detrimental effects on
surrounding land uses and require specific conditions. In addition to the other requirements of
these Standards, the following standards apply to the uses listed in this Chapter. If the proposed
use does not meet the standards contained herein, and is otherwise not subject to a conditional
use permit, then a conditional use permit shall be required.
A. Aggregate Processing, Asphalt, and Concrete Batch Plants
:
Aggregate processing, asphalt, and concrete batch plants are permitted with a conditional
use permit subject to the following conditions:
1. The operator shall obtain all required permits and comply with all applicable local,
state and federal regulations.
2. The plant(s) shall be erected as a temporary use for the sole purpose of providing
asphalt or concrete to support the development of Spring Valley. Aggregate mining
operations are prohibited. Retail or wholesale sales outside of Spring Valley shall be
prohibited. The plant(s) and all associated structures shall be removed from Spring
Valley following cessation of operations.
3. The plant operator shall treat all haul routes and parking areas with an effective dust
inhibiting surface. All truck tires shall be washed as they leave the plant sites and pass
onto paved access roads to minimize dust associated with the tracking of mud on the
paved road. Each load of aggregate shall be wetted by a spray/washing system. To
further control dust emanating from trucks, the operator will cover all trucks with
tarps.
4. Plant operations must be conducted employing portable equipment which contain and
utilize state-of-the-art pollution control features. A 70-foot high silo will be the
ORDINANCE NO. 710 – Page 204
maximum allowable height for these operations. All other activities shall be
maintained within 35 feet or less in height. The operator shall shield such activities by
the use of berms or by recessing operations below grade or by using similar measures
to reduce noise, visual impact, and dust on existing and future commercial and
residential developments within Spring Valley. Concrete operations shall incorporate
an automatic shut-off valve for the cement and fly ash fill tubes. The shut-off valve
will prohibit bulkers from over filling silos and adding particulate matter to the
atmosphere.
5. The operator shall take such steps as are necessary to mitigate the visual, noise, dust,
and any other impacts on nearby residential and/or commercial development related to
the aggregate processing plants, including the primary processing plants, the ready-
mixed concrete and asphaltic concrete plants. The operator shall comply with the
following:
a. Prior to start-up, all plant facilities shall be shielded, both visually and audibly
through berming, walls, and/or recessing such facilities below ground level from the
existing and future residential and commercial development. The maximum noise
level at the property line shall be 70 dB. See also Buffer Area and Screening
requirements in Chapter 3 of this Title.
b. The operator shall pave or treat all access roads, haul roads and parking areas with
an effective dust inhibiting surfacing. The operator shall submit a plan to the City
showing planned treatment of all access roads, haul roads, and parking areas.
c. The operator shall install and utilize an effective truck spray/washing system at the
plant site exit. All trucks will be washed as they leave the plant site. The operator
shall clean the access road(s) at a frequency that effectively controls material
buildup and associated dust or other hazards.
d. The operator shall at all times keep the plant sites and excavation sites free from the
accumulation of waste materials, rubbish, debris and toxic or hazardous materials
caused by his/her operations and operations of any subcontractors.
e. Ready-mixed concrete and asphaltic concrete batch plants shall be portable
facilities employing state-of-the-art production and pollution control features.
f. The operator shall install and utilize an effective system to control spillage of diesel
fuel and other materials used to clean or coat trucks used to transport asphaltic
concrete.
ORDINANCE NO. 710 – Page 205
g. The operator shall comply with fire department regulations for all tanks containing
fuel or hazardous materials.
h. The operator shall take steps necessary to eliminate dust, sand and other materials
from being blown from trucks leaving the plant sites and excavation sites. These
steps shall include wetting of material after loaded onto trucks and truck covers.
i. The primary processing plant shall be located and operated in those locations where
it does not have a sustained noticeable impact on residential and/or commercial
developments. It is anticipated that the impact from the primary plant will be
dependent on its distance from residential/commercial development, combined with
the length of time the plant shall be located at the specific plant site. At a minimum,
the plant shall be located 500 feet from any residential property.
j. Trucks shall not use compression brakes within Eagle City limits.
k. All lights, except those on mobile equipment, shall be directed downward and
shielded to the extent possible so as not to shine towards any occupied residences
within one-half mile.
l. Location of the aggregate processing equipment and plant and hours of operation
shall be submitted to the City for administrative approval. Normal operations are
6:00 a.m. to 8:00 p.m. Monday through Saturday from June through September and
7:00 a.m. to 8:00 p.m. Monday through Saturday during other months.
6. Plants shall require site plan review and conditional use approval by the City.
7. The operator shall submit a demobilization and site clean-up plan with the conditional
use permit application. The plan shall include the requirement for the operator to
engage a licensed engineer to perform a Phase 1 Environmental Site Assessment
(ESA) upon demobilization of the plants, and, if recommended by the Phase 1 ESA,
the operator shall perform a Phase 2 ESA and perform all required clean-up
operations.
8. The conditional use permit shall set forth the duration of the use.
ORDINANCE NO. 710 – Page 206
9. A change in location, expansion, or an extension of time period for use shall require a
new conditional use permit.
B. Agriculture:
The feeding or sheltering of livestock or poultry in penned enclosures shall not occur within
100 feet of any residential property other than on the property for which the livestock is
being fed or sheltered. 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 is prohibited.
C. Auto Body Shops:
1. The use shall be located a minimum of 200 feet from any residential property as
measured from the building to the residential property line in a straight line. In
addition, the use shall be buffered from the residential property and landscaped
pursuant to the Buffer Area and Screening requirements in Chapter 3 of this Title.
2. No used or discarded automotive parts or equipment may be located in any open area
outside of an enclosed building.
3. All disabled or wrecked vehicles shall be stored in an area which is screened from
view from the surrounding properties and adjoining streets pursuant to the
requirements for Outdoor Storage in this Chapter. Such vehicles shall not be stored on
the property longer than twenty-one (21) days.
4. All repair work shall be performed within an enclosed building.
No equipment or process shall be conducted adjacent to a residential use which creates
6.
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal
senses from off of the lot.
D. Auto Gas Stations/Service Shops:
ORDINANCE NO. 710 – Page 207
1. The use shall be located a minimum of 200 feet from any residential property as
measured from the building to the residential property line in a straight line. In
addition, the use shall be buffered from the residential property and landscaped
pursuant to the Buffer Area and Screening requirements in Chapter 3 of this Title.
2. Uses permissible at auto gas stations/service shops do not include major mechanical
and body work, straightening of body parts, 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 auto gas station/service shop is not a repair garage or a body
shop.
3. The following services may be provided:
a. Sales and service of spark plugs, batteries and distributors' parts
b. Tire servicing and repair, but not recapping or re-grooving
c. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light
bulbs, fuses, floor mats, 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. Replacing and repairing fuel pumps, oil pumps, and 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 beverages, packaged food, tobacco and similar convenience goods for
service station customers, as accessory and incidental to principal operations
l. Sales of alternative fuels such as natural gas and ethanol
ORDINANCE NO. 710 – Page 208
m. Provisions of road maps and other informational materials to customers and
provision of restroom facilities
n. Warranty maintenance and safety inspections
o. Emissions testing
p. Car washing that meet the requirements for Car Washes in this Chapter
4. Such uses shall be buffered from a residential property pursuant to in Chapter 3 of this
Title.
5. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal
senses from off of the lot.
6. Sales of alcoholic beverages shall conform to the provisions of Idaho and City Code.
The sale of packaged liquor, beer, wine and coolers is subject to approval of a
conditional use permit by the City.
E. Auto Repair and Service Shops, Major (including tow service):
1. The use shall be located a minimum of 200 feet from any residential property as
measured from the building to the residential property line in a straight line. In
addition, the use shall be buffered from the residential property and landscaped
pursuant to in Chapter 3 of this Title.
2. The operating hours shall be limited to between 7:00 a.m. and 8:00 p.m.
3. The use shall be located on a site with other commercial development with an overall
minimum size of 10 acres.
4. All repair and service work shall be done within a completely enclosed building.
ORDINANCE NO. 710 – Page 209
5. Storage of stock, equipment or used or discarded auto parts located in any open area
outside of an enclosed building shall be screened from view pursuant to the
requirements for Outdoor Storage in this Chapter.
6. All disabled vehicles shall be stored in an area which is screened from view from the
surrounding properties and adjoining streets pursuant to the requirements for Outdoor
Storage in this Chapter.
7. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal
senses from off of the lot.
F. Auto Repair and Service Shops, Minor:
1. The use shall be located a minimum of 200 feet from any single-family residential
property and a minimum of 100 feet from any multi-family property as measured from
building to the residential property line in a straight line. In addition, the use shall be
buffered from the residential property pursuant to Chapter 3 of this Title.
2. The use shall be located on a site with other commercial development with an overall
minimum size of 5 acres.
3. All repair and service work shall be done within an enclosed building or otherwise
screened from adjacent properties.
4. Storage of stock, equipment, or used or discarded automotive parts located in any
open area outside of an enclosed building shall be screened from view pursuant to the
requirements for Outdoor Storage in this Chapter.
ORDINANCE NO. 710 – Page 210
5. All disabled vehicles shall be stored in an area which is screened from view from the
surrounding properties and adjoining streets pursuant to the requirements for Outdoor
Storage in this Chapter.
6. Permitted minor auto mechanical repair and service facilities shall be limited to the
following kinds of activities:
a. Electronic tune ups
b. Brake repairs (including drum turning)
c. Air conditioning repairs
d. Generator and starter repairs
e. Tire installation and repairs
f. Front end alignments
g. Battery recharging
h. Emissions testing
i. Lubrications
j. Selling/installing minor parts and accessories
k. Repairing and installing other minor elements of an automobile such as windshield
wipers, hoses and windows, but excluding engine, transmission and differential
repair or installation
7. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal
senses from off of the lot.
G. Auto/Truck Rental Agencies:
1. The installation and use of an outside public address or bell system is prohibited.
ORDINANCE NO. 710 – Page 211
2. Any used or discarded automotive parts or equipment located in any open area outside
an enclosed building must be screened from view pursuant to the requirements for
Outdoor Storage in this Chapter.
3. Such uses shall be buffered from any residential property pursuant to the Buffer Area
and Screening requirements in Chapter 3 of this Title.
4. All exterior lighting shall be screened or otherwise designed so as not to shine directly
onto any adjacent parcel of land.
H. Auto and Recreational Vehicle Sales, New and/or Used:
1. Major and minor auto repair and service shops are permitted as part of the facility.
2. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal
senses from off of the lot.
3. Any used or discarded parts or equipment located in any open area outside an
enclosed building shall be screened from view pursuant to the requirements for
Outdoor Storage in this Chapter.
4. Such uses shall be buffered from any residential property pursuant to in Chapter 3 of
this Title.
5. The installation and use of an outside public address or bell system is prohibited.
6. All exterior lighting shall be screened or otherwise designed so as not to shine directly
onto any adjacent parcel of land.
ORDINANCE NO. 710 – Page 212
7. No commercial activities, other than those included in and incidental to the operation
of the facility, shall be conducted on site.
I. Bars, Pubs, Clubs (Public & Private), and Nightclubs:
1. Bars, pubs, public and private social clubs, and nightclubs serving alcohol shall
comply with City Code and shall obtain a permit from the City. Such uses shall also
comply with Idaho Code.
2. When a bar, pub, public and private social club or nightclub is provided as a part of a
restaurant, it is considered an accessory use to the restaurant.
3. Such uses shall be buffered from any residential property per Chapter 3 of this Title.
J. Bed and Breakfast Facilities
:
1. The facility shall have no more than 4 guestrooms and 12 guests at one time.
2. No cooking shall be allowed in guestrooms. The only meal to be provided guests shall
be breakfast, and it shall only be served to guests taking lodging in the facility.
3. Bath facilities shall be shared by no more than 2 guestrooms.
4. One off-street parking space shall be provided for each guestroom and each employee.
5. One freestanding, unlighted identification sign, not exceeding 20 square feet in area,
shall be allowed in the front yard. One small, unlighted announcement sign, not
exceeding 6 square feet in area, may be attached to and parallel with the front porch or
wall of the building.
ORDINANCE NO. 710 – Page 213
K. Car Washes
:
1. All businesses providing self-service or drive-through car wash facilities shall identify
the stacking lane and wash location on the site plan.
2. If within the NC district, a car wash facility shall be allowed only as an accessory use
to a gasoline or diesel fuel sales facility. The car wash facility shall be limited in
capacity to a single vehicle.
3. A 100-foot separation shall be maintained between a car wash facility (which
includes, without limitation, buildings and vacuum islands) and any residential
property line. In addition, such facility shall be buffered from any residential property
pursuant to Chapter 3 of this Title.
4. Drive aisles along any property lines shall be screened pursuant to Chapter 3 of this
Title.
5. Vehicle stacking lanes shall be available on the property but outside the car wash
facility entrance. Stacking lanes shall have sufficient capacity to prevent obstruction of
the public right-of- way by patrons. Such stacking lanes shall be separate from areas
required for access and parking.
6. The installation and use of an outside public address or bell system is prohibited.
L. Carnivals and Circuses
:
1. All structures or outdoor use areas shall maintain a minimum setback of 200 feet from
all abutting residential districts.
2. Such uses shall require a temporary use permit and a vendor permit from the City and
shall be permitted for not more than seven (7) days.
M. Childcare Facilities
:
ORDINANCE NO. 710 – Page 214
1. There shall be a minimum of 35 square feet of net floor area indoors per child. This
space shall be measured wall to wall in rooms that are regularly used by the children,
exclusive of halls, bathrooms, and kitchen.
2. On-site vehicle pick-up and turnaround areas shall be provided to ensure safe
discharge and pick-up of children.
3. No portion of the facility shall be within 300 feet of hazardous material storage,
flammable substance storage, gasoline or diesel fuel sales facility, brewery or winery.
4. An outdoor play area shall be provided that is sized to provide 100 square feet per
child for the number of children using the play area at any one time. This requirement
may be waived if the facility is within 250 feet of a park or open space lot or a
pathway connecting to a park or open space lot that can be used by the children.
5. Family/home daycare facilities require a home occupation permit and are subject to
the child care regulations of the City.
N. Community Information Centers
:
A community or residential sales office use is allowed within the center until project build-
out.
O. Construction Office, Temporary:
1. A Construction Office requires a zoning permit from the City.
2. A Construction Office requires a site plan review and approval by the Zoning
Administrator.
3. The applicant shall provide a specific timeline for the duration of the use.
ORDINANCE NO. 710 – Page 215
4. Parking shall be provided pursuant to Chapter 4 of this Title.
5. A Construction Office is allowed during the construction of the associated project and
shall be removed from the site prior to the issuance of an occupancy permit for the last
home/structure within the project.
P. Construction Yard, Temporary:
1. A Construction Office requires a zoning permit from the City.
2. A Construction Office requires a site plan review and approval by the Zoning
Administrator.
3. The applicant shall provide a specific timeline for the duration of the use.
4. Parking shall be provided pursuant to Chapter 4 of this Title.
5. A Construction Office is allowed during the construction of the associated project and
shall be removed from the site prior to the issuance of an occupancy permit for the last
home/structure within the project.
6. When located within or adjacent to a developed and occupied area and the duration of
use exceeds 18 months the yard shall be screened from view.
Q. Convenience Stores
:
1. A convenience store that includes fuel sales shall be located on a site within a
commercial development with an overall minimum size of 1 acre and the use shall be
located a minimum of 200 feet from any residential property. The distance shall be
ORDINANCE NO. 710 – Page 216
measured from building to residential property line in a straight line. In addition, the
use shall be buffered from a residential property pursuant to Chapter 3 of this Title.
2. A convenience store that sells alcoholic beverages shall conform to the following:
a. Approval of a conditional use permit by the City.
b. Provisions of Idaho and City Code.
3. A convenience store that includes fuel sales shall be regulated as a gas station.
4. Any convenience store (with or without fuel sales) wishing to operate before 6:00 a.m.
or after 11 p.m. or for 24 hours a day will require a conditional use permit.
R. Dwelling, Accessory
:
1. No more than one accessory dwelling shall be permitted on a lot.
2. The minimum lot size that will support an accessory dwelling is 6,000 square feet.
3. The maximum size of an accessory dwelling shall be as follows:
a. 500 sq. feet on lots 6,000 – 7,500 sq. ft.
b. 640 sq. ft. on lots 7,501 – 10,000 sq. ft.
c. 800 sq. ft. on lots over 10,000 sq. ft.
4. An accessory dwelling shall meet the setback requirements for the principal dwelling
and:
a. Shall be limited to 1 bedroom.
ORDINANCE NO. 710 – Page 217
b. Shall be no taller than the principal dwelling.
c. Shall be architecturally compatible with the principal dwelling and shall be similar
in appearance, materials and color as the principal dwelling.
d. If located in the front of the principal dwelling, shall not dominate the façade of,
nor obstruct the view of the main entrance to the principal dwelling when viewed
from the street.
e. Shall not have direct access visible from the street on which the principal dwelling
fronts.
f. Shall have a minimum separation of 6 feet from the principal dwelling if detached
from the principal dwelling.
g. Shall not exceed 30% coverage of the rear or side yard area.
5. If the accessory dwelling is above the ground floor and access thereto is by a stairwell,
the stairwell shall be enclosed within the structure or have a solid guardrail that
extends to the ground and shall not be perpendicular to an adjacent street, alley or
residence.
6. Parking for an accessory dwelling shall be in addition to the required parking for the
principal dwelling. Parking may be provided in tandem on a driveway with the
principal dwelling.
7. The principal dwelling shall be owner-occupied.
8. An accessory dwelling shall not be sold separately from the principal dwelling.
S. Electric Sub-Stations
:
1. A sub-station located subsequent to a preliminary plat shall be a conditional use.
2. Such use shall be buffered from adjacent uses pursuant to Chapter 3 of this Title.
ORDINANCE NO. 710 – Page 218
T. Entertainment Facilities
:
Golf Driving Ranges: Accessory sales and rental of golf equipment shall be allowed. Golf
Driving Ranges shall be designed to protect abutting property and roadways from golf balls.
An illuminated golf driving range shall be located a minimum of 300 feet from a residential
property as measured from any light standard to the residential property line in a straight
line. The distance shall be measured from the edge of the driving range to the residential
property in a straight line. Such lighting shall comply with the sports lighting criteria in
Chapter 3 of this Title. and shall be turned off by 10:00 p.m.
U Equestrian Centers
:
1. Equestrian centers in the RR and ER districts which are open to the public and are
located prior to or in conjunction with a preliminary plat within a PUMP shall be a
permitted use. Such equestrian centers located subsequent to a preliminary plat shall
be a conditional use. Equestrian centers in the RR and ER districts which are for
personal use are permitted uses.
2. Stables and loafing sheds shall have a minimum separation of 300 feet from any
residence, except for an owner’s residence. In addition, all facilities shall be set back a
minimum distance of 30 feet from any property line.
3. Equestrian centers shall be designed and located with full consideration given to their
proximity to adjacent uses and their effect on adjacent and surrounding properties as to
the storage of horse trailers and the factors of noise and odor.
4. The owner or operator of such use shall have a continuous obligation to maintain
adequate housekeeping practices and to prevent the creation of a nuisance.
V. Equestrian Lots
:
1. Horses may be kept on residential lots only in the RR and ER districts and are
restricted to lots that are a minimum of 2 acres. Two horses are allowed on a 2-acre lot
ORDINANCE NO. 710 – Page 219
and 1 additional horse is allowed for each additional 1/2 acre. Acres shall be rounded
to the nearest whole number to determine total horses per lot.
2. Accessory structures such as barns and stables, indoor and outdoor riding facilities,
storage buildings and similar structures shall meet the setback requirements of the
applicable residential district.
3. Barns and stables, covered or indoor riding facilities, storage buildings and similar
structures shall not exceed 40% or the lot area.
W. Farmers Markets
:
Farmers’ markets shall operate for no more than one hundred and twenty (120) days in a
calendar year and shall require a temporary use permit and vendor permit from the City.
X. Fire/Police Stations
:
A fire or police station located prior to or in conjunction with a preliminary plat within a
PUMP shall be a permitted use. A station located subsequent to a preliminary plat shall be a
conditional use.
Y. Flex Space
:
1. The gross floor area of each building used as flex space shall be a maximum of 30,000
square feet.
2. Loading docks, if present, shall be at the rear of the structure and shall be screened
from view from street and neighboring uses. Loading ramps shall be designed to
discourage tractor trailer use. Such structures shall be buffered from neighboring uses
pursuant to Chapter 3 of this Title.
3. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m.
ORDINANCE NO. 710 – Page 220
Z. Holiday/Seasonal Sales:
1. All Holiday/seasonal sales require a zoning permit and a vendors license for the City.
2. All holiday/seasonal sale requires a site plan review and approval by the Zoning
Administrator.
3. Parking shall be provided pursuant to Chapter 4 of this Title.
4. Holiday/seasonal sales are allowed for up to thirty (30) day. All zoning permits shall
establish a sunset date for the use.
AA. Home Occupations
:
1. No more than one person other than members of the family residing on the premises
shall be engaged in such occupation.
2. The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants and not more than 25%
of the floor area of the dwelling unit shall be used in the conduct of such occupation.
3. There shall be no change in the outside appearance of the dwelling unit or other visible
evidence of the conduct of such home occupation.
4. No significant traffic shall be generated by such home occupation and any need for
parking generated by its conduct shall meet the off-street parking requirements as
specified in Chapter 4 of this Title.
ORDINANCE NO. 710 – Page 221
5. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors, or electrical interference detectable to the normal senses
off the lot, if the occupation is conducted in a single family residence, or outside the
dwelling unit, if conducted in other than a single family residence.
6. No outdoor storage of materials or supplies shall be allowed.
7. A home occupation shall not involve the use of signs and/or structures other than those
permitted in the district of which it is a part.
8. Home occupations require a zoning permit from the City.
BB. Hotels and Motels
:
1. Hotels and motels shall be designed and developed to fit into the unique and special
environs of Spring Valley and shall be subject to the setback standards of the land use
district within which the use is located.
2. A maximum height of 52 feet may be allowed in the CC district with a conditional use
permit
CC. Kennels and Pet Shops
:
1. All animals shall be confined within an enclosed area or on a leash at all times.
2. Kennels and pet shops shall comply with all State and local regulations relative to such
an operation and maintain adequate housekeeping practices designed to prevent the
creation of a nuisance and to reduce the factors of noise and odor to a minimum.
3. Pet boarding kennels shall be operated with an attendant present on the premises 24
hours a day.
ORDINANCE NO. 710 – Page 222
4. Outside runs shall have a minimum 500-foot separation between any dwelling, except
the owner’s dwelling, as measured from the run to the dwelling in a straight line. The
Administrator may modify this requirement if the animals are completely housed in
soundproof structures that completely screen them from view from the abutting
residential property.
5. Adequate fencing shall be provided for outdoor runs to restrain animals from running
at large. At a minimum, the animals shall be enclosed with a 6-foot fence or wall.
Electronic fences shall not be used as the sole method of restraining animals.
6. In residential districts, pet boarding kennels will only be allowed in ER or RR districts
as an accessory use. In addition, the use shall be buffered from other residential
properties pursuant to Chapter 3 of this Title.
DD. Libraries
:
A library approved prior to or in conjunction with a preliminary plat within a PUMP shall be
a permitted use. A library approved subsequent to a preliminary plat shall be a conditional
use.
EE. Liquor Stores
:
All businesses which sell alcoholic beverages shall conform to the provisions of the Idaho
and City Code. The sale of packaged liquor, beer, wine and coolers is subject to approval of
a conditional use permit by the City.
FF. Living Quarters, Accessory
:
1. No more than one living quarters structure shall be permitted on a lot.
2. The minimum lot size that will support living quarters is 5,000 square feet.
ORDINANCE NO. 710 – Page 223
3. The maximum size of a living quarters structure shall be as follows:
a. 500 sq. feet on lots 5,000 – 7,500 sq. ft.
b. 640 sq. ft. on lots 7,501 – 10,000 sq. ft.
c. 800 sq. ft. on lots over 10,000 sq. ft.
4. A living quarters structure shall meet the setback requirements for the principal
dwelling and:
a. Shall be limited to 1 bedroom.
b. Shall not contain cooking facilities (220V wiring)
c. Shall be no taller than the principal dwelling.
d. Shall be architecturally compatible with the principal dwelling and shall be similar
in appearance, materials and color as the principal dwelling.
e. If located in the front of the principal dwelling, shall not dominate the façade of,
nor obstruct the view of the main entrance to the principal dwelling when viewed
from the street.
f. Shall not have direct access visible from the street on which the principal dwelling
fronts.
g. Shall have a minimum separation of 6 feet from the principal dwelling if detached
from the principal dwelling.
h. Shall not exceed 30% coverage of the rear or side yard area.
5. If the living quarters are above the ground floor and access thereto is by a stairwell, the
stairwell shall be enclosed within the structure or have a solid guardrail that extends to
the ground and shall not be perpendicular to an adjacent street, alley or residence.
6. The principal dwelling shall be owner-occupied.
7. Living quarters shall not be sold separately from the principal dwelling.
GG. Manufacturing, Light
:
ORDINANCE NO. 710 – Page 224
1. Light manufacturing operations are permitted to produce products for retail sale and
wholesale distribution. It is intended that such uses shall not generate conditions which
are typical of many manufacturing and industrial operations, such as noise, smoke,
objectionable odors, dust, noxious gases and other industrial wastes, vibrations, glare,
heat and fire hazards.
2. All exterior storage of material shall be in sturdy containers or enclosures which
screen such material from surrounding properties and abutting streets and comply with
the requirements for Outdoor Storage requirements in this Chapter. Storage containers
for flammable materials shall be constructed of nonflammable material and shall meet
the requirements of the Uniform Fire Code.
3. No dust fumes, smoke, or vibrations above ambient levels (levels of the surrounding
environment) shall be detectable from adjacent parcels.
4. Such use shall be buffered from any residential property pursuant to Chapter 3 of this
Title.
HH. Mortuaries/Funeral Homes
:
All phases of the operation of a mortuary/funeral home, other than those related to transport
and
servicing, shall be within a completely enclosed building.
II. Motion Picture/Television Production Facilities
:
Outdoor facilities shall be buffered from residential properties pursuant to Chapter 3 of this
Title.
JJ. Outdoor Storage
:
1. Outdoor storage areas shall be screened by a minimum 6-foot high solid wall or fence
along any property line that adjoins a residential lot and the use shall be buffered from
ORDINANCE NO. 710 – Page 225
a residential lot pursuant to the Buffer Area and Screening requirements in Chapter 3
of this Title.
2. Outdoor storage of chemicals, pesticides and fertilizers shall have fire protection,
storage area, handling and disposal as approved by the fire district.
3. Outdoor storage shall not be located in any front yard setback area and shall not block
sidewalks or parking areas or impede vehicular or pedestrian traffic.
4. No commercial activities, other than those associated with the principal use of the
property are permitted.
5. The commercial repair of motor vehicles, boats, trailers and other like vehicles is
prohibited.
6. The operation of spray painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
7. The production, fabrication or assembly of products is prohibited.
8. Outdoor storage in a residential district shall only be allowed as an accessory use.
KK Plant Nurseries/Sod Farms, Retail and Wholesale
:
1. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall
not be located within 50 feet of a property line. To reduce noise, permanently mounted
mechanical equipment shall be enclosed to the maximum extent possible.
ORDINANCE NO. 710 – Page 226
2. Outdoor storage areas for materials shall comply with the requirements for Outdoor
Storage in this Chapter. The following nursery materials shall be exempt from this
requirement:
a. Growing plants in ground or in containers
b. Wood chips, bark, rock, gravel, or similar ground cover material where such
storage piles do not exceed 6 feet in height
3. The application of fertilizer or process wastewater at agronomic rates shall be deemed
a component of the nursery use and shall follow State and local regulations.
4. The following additional standards shall apply for a wholesale and/or retail nursery
located within a residential district or adjoining a residential district:
a. Any storage area for material in the process of being converted into compost shall
be located a minimum of 100 feet from any property line.
b. No aerial spraying of the property shall be allowed.
5. Retail plant nurseries are not permitted in the COS and ROS districts (wholesale
nurseries only are permitted).
6. Retail plant nurseries are considered an accessory use in the RR and ER residential
districts and subject to a conditional use permit.
7. Plant nurseries for the express purpose of growing plant materials for use in Spring
Valley or for the City shall be allowed on any parcel as a temporary use. (See
Temporary Construction Offices/Yards.)
LL. Radio and Television Broadcast Stations
:
Outdoor facilities shall be buffered from residential property pursuant to Chapter 3 of this
Title.
ORDINANCE NO. 710 – Page 227
MM Recreation Fields, Courts & Other Sports Facilities
:
Sports field lighting shall meet the criteria requirements in the Sports Lighting section of
Chapter 3 of this Title.
NN. Recreational Vehicle Storage
:
1. The use shall be located a minimum of 200 feet from any single-family residential
property and 100 feet from any multi-family residential property as measured from the
building or storage yard to the residential property line in a straight line.
2. All vehicles shall be stored in an area which is screened from view from the
surrounding properties and adjoining streets and shall meet the requirements for
Outdoor Storage in this Chapter.
3. No vehicles shall be stored in the required front setback area.
4. No commercial activities, other than those associated with the principal use of the
property are permitted.
5. The commercial repair of motor vehicles, boats, trailers and other like vehicles is
prohibited unless the storage facility is adjunct to a body shop, service and repair
facility, or recreational vehicle sales establishment.
6. The operation of spray painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
7. The production, fabrication or assembly of products is prohibited.
ORDINANCE NO. 710 – Page 228
OO. Recycling/Solid Waste Transfer Centers
:
1. Outdoor storage areas shall comply with the requirements for Outdoor Storage in this
Chapter.
2. No unsorted material shall be stored outdoors except for after-hours donation
containers,
3. Any container provided for after-hours donation of recyclable materials shall be a
minimum of 50 feet from a residential district, shall be of sturdy, rustproof
construction, and shall have sufficient capacity to accommodate materials collected.
4. Power driven processing (including, but not limited to, aluminum foils and can
compacting, baling, plastic shredding, or other light processing activities necessary for
efficient temporary storage and shipment of materials) may be allowed when located
within an enclosed structure.
5. All recycling center grounds and facilities shall be maintained in an orderly manner so
as not to create a public nuisance.
PP. Rental Service Stores/Yards (Large Equipment)
:
1. Such uses shall be located a minimum of 200 feet from any single-family residential
property and a minimum of 100 feet from any multi-family property as measured from
any building or storage yard to the residential property line in a straight line. In
addition, the use shall be buffered from the residential property pursuant to Chapter 3
of this Title.
2. The installation and use of an outside public address or bell system is prohibited.
3. Outdoor storage areas shall comply with the requirements for Outdoor Storage in this
Chapter.
ORDINANCE NO. 710 – Page 229
QQ. Resorts
:
1. A resort located prior to or in conjunction with a preliminary plat within a PUMP shall
be a permitted use. A resort located subsequent to a preliminary plat shall be a
conditional use.
2. A maximum height of fifty-two (52) feet may be allowed in residential districts with a
conditional use permit.
3. Resorts shall be designed and developed to fit into the unique and special environs of
Spring Valley.
RR. Restaurants (with Drive-Thru)
:
1. Such uses shall be designed with landscape/berm(s)/decorative walls to prevent trash
from moving onto other properties.
2. A minimum six (6) foot high solid wall or fence shall be provided along any property
line that adjoins a residential property and the use shall be buffered from such
residential property pursuant to Chapter 3 of this Title.
3. Adequate trash receptacles shall be provided.
4. Night lighting shall be shielded and not directed toward any residence.
5. Drive-thrus shall be designed so headlights are screened by landscape, berm(s),
decorative walls or buildings so they are not visible from the public right-of-way when
vehicles are stopped at the drive-up window.
SS. Roadside Stands
:
ORDINANCE NO. 710 – Page 230
1. Roadside stands shall operate for no more than 120 days in a calendar year and shall
require a zoning certificate and vendor permit from the City.
2. All structures shall be located outside of the public right-of-way and shall comply with
the accessory structure requirements of the City.
TT. Sales Offices/Trailers, Temporary:
1. A Sales Offices/Trailers requires a zoning permit from the City.
2. A Sales Offices/Trailers requires a site plan review and approval by the Zoning
Administrator.
3. The applicant shall provide a specific timeline for the duration of the use.
4. Parking shall be provided pursuant to Chapter 4 of this Title.
5. A Sales Offices/Trailers is allowed during the construction of the associated project
and shall be removed from the site prior to the issuance of an occupancy permit for the
last home/structure within the project.
UU. Shooting Ranges/Gun Clubs (Indoor)
:
1. The applicant or owner shall obtain written approval from the Federal Bureau of
Alcohol, Tobacco, and Firearms (ATF).
2. All activities shall be housed totally within an enclosed structure and designed for
safety and noise factors involved in the type of use.
ORDINANCE NO. 710 – Page 231
3. If located on the ground level, accessory uses such as gun sales, gun repair, and
training courses may be allowed when such uses take up no more than 25% of the
gross floor area on the ground level.
4. If gun sales or gun repair are conducted within the facility, the owner of the indoor
shooting range shall secure and maintain a valid federal firearms license from the
ATF.
5. The applicant shall provide written documentation that the proposed target backstops
conform to the standards for indoor ranges in "The NRA Range Source Book"
published by the National Rifle Association.
VV. Special Care Facilities
:
Such uses shall comply with Idaho Code.
WW. Special Events
:
1. The special event shall require a zoning permit and not operate for a duration longer
than seven (7) calendar days without a Conditional Use Permit.
2. Parking shall be provided as required by Chapter 4 of this Title.
3. Sales of items and goods which are reasonably related to the special event program
shall be permitted with a vendor permit from the City.
XX. Veterinary Hospitals and Clinics:
If overnight accommodations are provided, they shall comply with the requirements for
Kennels in this Chapter.
ORDINANCE NO. 710 – Page 232
YY Vocational/Trade Schools
:
1. Vocational/trade schools located prior to or in conjunction with a preliminary plat
within a PUMP shall be a permitted use. Schools located subsequent to a preliminary
plat shall be a conditional use
2. Vocational/trade schools in the ROS district shall be limited to agriculture or related
schools and facilities.
ZZ. Warehousing, Storage and Ministorage
:
1. Ministorage facilities may include the storage of boat and recreational vehicles.
2. The use shall be located a minimum of 100 feet from any single family residential
property and fifty 50 feet from any multi-family residential property as measured from
the building to the residential property line in a straight line. The use shall be buffered
from the residential property by a solid wall or fence or berm(s) and landscape, or a
combination of both, pursuant to Chapter 3 of this Title.
3. No more than one manager’s or security residence is permitted. Such residence shall
not be considered a dwelling unit for the purposes of calculating residential density for
Spring Valley.
4. All storage must be within an enclosed building except for the storage of recreational
vehicles, which shall be screened from view from surrounding properties and abutting
streets and meet the requirements for Outdoor Storage in this Chapter.
5. No outdoor storage shall be allowed in the required front setback area.
6. No more than 20% of the gross area of the site may be used for outdoor and vehicle
storage and shall meet the meet the requirements for Outdoor Storage in this Chapter.
ORDINANCE NO. 710 – Page 233
7. No commercial activities, other than those included in the operation of the ministorage
facility, shall be conducted on the site.
8. Retail sale of stored items on the premises is prohibited.
9. The commercial repair of motor vehicles, boats, trailers and other like vehicles is
prohibited.
10. The operation of spray painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
11. The production, fabrication or assembly of products is prohibited.
AAA. Wholesaling, Distribution and Storage
:
1. The use shall be located a minimum of 100 feet from any single family residential
property and fifty (50) feet from any multi-family residential property as measured
from the building to the property line in a straight line. The use shall be buffered from
the residential property by a solid wall or fence, or berm(s) and landscape, or a
combination of both, pursuant to Chapter 3 of this Title.
2. No more than one manager’s or security residence is permitted. Such residence shall
not be considered a dwelling unit for the purposes of calculating residential density for
Spring Valley.
3. No more than twenty percent (20%) of the gross area of the site may be used for
outdoor storage and shall meet the requirements for Outdoor Storage in this Chapter.
4. No commercial activities, other than those included for the operation of the facility,
shall be conducted on the site.
ORDINANCE NO. 710 – Page 234
5. Retail sale of stored items on the premises is prohibited.
6. The commercial repair of motor vehicles, boats, trailers and other like vehicles is
prohibited.
7. The operation of spray painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
8. The production, fabrication or assembly of products is prohibited.
BBB. Wireless Communication Facilities
:
Wireless communication facilities and towers shall comply with the following:.
Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such
Structures:
1. Towers In Zoning Districts:
Personal wireless facilities including towers supporting amateur radio antennas shall be
prohibited in all residential land use districts. Personal wireless facilities shall be
camouflaged or concealed, not readily identifiable as such, designed to be aesthetically
compatible with existing and proposed uses on the site in all residential zones.
Wireless antennas in non-residential and open space districts 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,
ORDINANCE NO. 710 – Page 235
all provisions of this subsection S shall be applicable to wireless antennas located on
existing light standards and power line support devices.
2. Collocation Requirements:
a. A proposal for a tower mounted personal wireless facility in excess of feet (35') in height
shall not be approved unless the city council finds that the telecommunications equipment
planned for the proposed tower cannot be accommodated on an existing or approved tower
or building within the following radii of the proposed tower:
(1) A two (2) mile radius for towers with a height over one hundred ten feet (110').
(2) A one mile radius for towers with a height over eighty feet (80') but not more than
one hundred ten feet (110').
1
(3) A one-half (/) mile radius for towers with a height over fifty feet (50') but not more
2
than eighty feet (80').
1
(4) A one-quarter (/) mile radius for towers with a height over thirty five feet (35') but
4
not more than fifty feet (50').
b. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna
cannot be accommodated on an approved tower or building within the required search
radius due to one or more of the following reasons:
(1) Unwillingness of another tower or facility owner to entertain shared use.
(2) The proposed collocation of an existing tower or facility would be in violation of any
local, state or federal law.
(3) The planned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a qualified and licensed professional
engineer, and the existing or approved tower cannot be reinforced, modified, or
replaced to accommodate planned or equivalent equipment at a reasonable cost.
(4) The planned equipment would cause interference materially impacting the usability of
other existing or planned equipment at the tower or building as documented by a
ORDINANCE NO. 710 – Page 236
qualified and licensed professional engineer and the interference cannot be prevented
at a reasonable cost.
(5) Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably as
documented by a qualified and licensed professional engineer.
(6) Other unforeseen reasons that make it unfeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building as
documented by a qualified and licensed professional engineer, or other professional
qualified to provide necessary documentation.
c. Any proposed commercial wireless telecommunication service tower shall be designed,
structurally, electrically, and in all respects, to accommodate both the applicant's antennas
and comparable antennas for at least two (2) additional users if the tower is over one
hundred ten feet (110') in height, for at least 1 additional user if the tower is over fifty feet
(50') in height.
d. Towers must be designed to allow for future rearrangement of antennas upon the tower
and to accept antennas mounted at varying heights.
e. Personal wireless facilities proposed at a location which has an approved conditional use
permit (approved after the effective date hereof) for an existing facility which was required
to allow collocation shall not be required to obtain a separate conditional use permit as long
as all the requirements of the previously approved conditional use permit will be complied
with. Design Review, and subsequent building permit, will be required for any such
proposal.
3. Tower And Antenna Design Requirements:
a. All personal wireless facilities shall be required to obtain design review approval prior to
construction.
ORDINANCE NO. 710 – Page 237
b. Personal wireless facility towers shall be of a monopole design unless the city council
determines that an alternative design would better blend into the surrounding environment.
c. With the exception of necessary electric and telephone service and connection lines
approved by the issuing authority, no part of any antenna or tower nor any lines, cable,
equipment or wires or braces in connection with either shall at any time extend across or
over any part of the right of way, public street, highway, sidewalk, or property line.
d. Every tower affixed to the ground shall be protected to discourage climbing of the tower
by unauthorized persons. The climbing pegs within the bottom twenty feet (20') of the tower
shall be removed and shall only be used when the tower is being serviced.
e. Metal towers shall be constructed of, or treated with, corrosive resistant material.
f. Wood poles shall be impregnated with rot resistant substances.
Tower Setbacks:
4.
a. Towers shall meet the setbacks of the underlying land use district with the exception of
Mixed Use and Highway Mixed Use land use districts, where towers may encroach into
the rear setback area, provided that the rear property line abuts another Mixed Use or
Highway Mixed Use property and the tower does not encroach upon any easements.
b. The base of the personal wireless facility shall be set back a minimum distance of two
times (2x) the height of the tower from the property line of any residential dwelling.
c. If the tower does not exceed the height limitations of the land use district in which it is
located, the tower shall meet the setback requirement of the land use district except as
allowed in subsection S5a of this Chapter. If the tower exceeds the height limit of the land
use district in which it is located, the tower shall be set back one foot (1') for every ten feet
(10') in total tower height. In either case, the tower shall be constructed to the
telecommunications industry association/electronic industries association (TIA/EIA) 222
revision F standard entitled "Structural Standards for Steel Antenna Supporting Structures"
or as hereinafter may be amended. Otherwise, the tower shall be located a minimum of one
foot (1') for each foot of height from all property lines (the fall zone). No storage or
ORDINANCE NO. 710 – Page 238
structures other than the accessory utility buildings, are permitted in the fall zone, except as
may be specifically permitted by the city council through a conditional use process.
d. Towers shall be set back from all existing public right of way lines (or planned right of
way lines if additional is to be acquired in the future) by a minimum distance equal to twice
the height of the tower including all antennas and attachments.
e. Towers shall not be located between a principal structure and a public street.
f A tower's setback may be reduced or its location in relation to a public street varied, at the
sole discretion of the city council, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light standard, power line support device, or
similar structure.
g. If this requirement conflicts with other setback requirements of this code the setback with
the greater distance shall prevail, except as may be allowed in subsection BBB4f of this
Chapter.
Tower Lighting, Signage, And Attachments:
5.
a. No antenna or tower shall have affixed or attached to it in any way, except during time of
repair or installation, any stationary lights, strobe lights, reflectors, flashers, or other
illuminating device, except as specifically required by the federal aviation administration,
federal communications commission, or other federal or state authority.
b. When incorporated into the approved design of the tower, light fixtures used to illuminate
ball fields, parking lots, or similar areas may be attached to the tower if approved by the
city.
ORDINANCE NO. 710 – Page 239
c. The use of any portion of a tower for signs, other than warning or equipment information
signs, is prohibited.
d. No tower shall have constructed thereon, or attached thereto, in any way, any platform,
catwalk, crow's nest, or like structure, except during periods of construction or repair.
Amateur Radio Antennas:
6.
a. In accordance with the federal communications commission's preemptive ruling PRB 1,
towers erected for the primary purpose of supporting amateur radio antennas may exceed
thirty feet (30') in height provided that a determination is made by the city that the proposed
tower height is technically necessary to successfully engage in amateur radio
communications. A conditional use permit is required for any amateur radio antenna in
excess of thirty five feet (35').
Accessory Utility Buildings:
7.
a. All utility buildings and structures accessory to a tower are required to have design review
approved by the city prior to construction.
Abandoned Or Unused Towers Or Portions Of Towers:
8.
a. As a condition of approval of any required conditional use permit for personal wireless
facilities, all abandoned or unused towers and associated facilities shall be required to be
removed within 60 days of cessation of use as a personal wireless facility unless a time
extension is granted by the city. A copy of the relevant portions of a signed lease, which
requires the applicant to remove the tower and associated facilities upon cessation of the use
as a personal wireless facility, shall be submitted at the time of application. In the event that
the tower and associated facilities are not removed within the 60 days, the tower and
associated facilities may be removed by the city and the costs of removal assessed against
the property.
ORDINANCE NO. 710 – Page 240
Additional Application Submittal Requirements:
9.
a. In addition to the information required elsewhere in this code, development applications
for personal wireless facilities, shall include the following supplemental information:
(1) Documentation from a qualified and licensed professional engineer showing that the
proposed facility will be in compliance with the FCC standards regarding radio
frequency (RF) emissions.
(2) A report from a qualified and licensed professional engineer which describes the
tower height and design (including a cross section and elevation); documents the
height above grade for all potential mounting positions for collocated antennas and
the minimum separation distances between antennas; describes the tower's capacity,
including the number and type of antennas that it can accommodate; documents what
steps the applicant will take to avoid interference with established public safety
telecommunications; includes an engineer's stamp and registration number; and
includes other information necessary to evaluate the request.
(3) For all personal wireless facilities, a letter of intent committing the tower owner and
his or her successors to allow the shared use of the tower, as required by this code, if
an additional user agrees in writing to meet reasonable terms and conditions for
shared use.
(4) Documentation showing that the proposed tower complies with regulations
administered by federal aviation administration.
(5) Written approval of the site location with specific reference to the height of the
antenna structure and any lighting issues, from the federal aviation administration, the
chief of the Idaho bureau of aeronautics, and the Boise airport commission and an
aviation easement approved by the Boise airport commission.
(6) Propagation charts showing existing and proposed transmission coverage at the
subject site and within an area large enough to provide an understanding of why the
facility needs to be in the chosen location.
(7) A written analysis demonstrating that the proposed site is the most appropriate site
within the immediate area. For the purposes of this subsection, the analysis shall
include all properties within the search radii stated above. The analysis shall include,
but is not limited to, the following:
(A) Description of the surrounding area, including topography;
ORDINANCE NO. 710 – Page 241
(B) Natural and manmade impediments that would obstruct adequate cellular
telephone transmissions;
(C) Physical site constraints that would preclude construction of a cellular telephone
facility on any other site;
(D) Technical limitations of the system that limit siting options.
Permits:
10.
a. It shall be unlawful for any person to erect, construct, re-erect, or replace, any tower
without first making application to the city and securing a building/zoning permit.
b. A building/zoning permit shall not be required for antennas and/or towers erected
temporarily for test purposes, for emergency communication, or for broadcast remote pick
up operations. Temporary antennas shall be permitted for a maximum of seventy two (72)
hours unless specifically approved by the city council.
c. In addition to the findings required and conditions permitted for conditional use permits,
as stated within Chapter 11A-8-4 of this Title, the city council shall make an additional
finding concerning the duration of the conditional use permit. Upon finding that the
conditional use permit is to be limited in duration, a condition limiting the duration and the
basis for such a condition shall be included within the findings of fact and conclusions of
law for the conditional use permit.
Additional Requirements For Notice Of Public Hearing:
11.
a. All personal wireless facilities requiring a conditional use permit shall comply with the
conditional use notice requirements within this code. Tower mounted personal wireless
facilities shall comply with the following additional requirements:
(1) All property owners within one thousand feet (1,000') of all property lines of the site
(or lease boundary lines, if applicable) shall be notified of the public hearing by the city,
ORDINANCE NO. 710 – Page 242
by mail, a minimum of fifteen (15) days before the scheduled public hearing. The
applicant will be required to provide the names of the property owners to the city.
(2) Any required public notice signs, to be located on a proposed site, shall be required to
comply with the requirements for posting of a rezone/subdivision (minimum size of sign
face to be 4 feet wide by 4 feet high).
Restricted Areas:
12.
a. Telecommunications towers in excess of thirty five feet (35') in height shall not be
permitted within the Willow Creek Road corridor
ORDINANCE NO. 710 – Page 243
Chapter 5
OFF STREET PARKING AND LOADING
11-5-1: PURPOSE AND INTERPRETATION OF PROVISIONS:
11-5-2: APPLICATION OF PROVISIONS:
11-5-3: DESIGN AND MAINTENANCE:
11-5-4: ADDITIONAL PARKING REGULATIONS AND REQUIREMENTS:
11-5-4-1: LOCATION OF PARKING SPACES:
11-5-4-2: ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND
REQUIREMENTS:
11-5-4-3: JOINT/OFF SITE PARKING FACILITIES:
11-5-4-4: PARKING DISABLED VEHICLES:
11-5-4-5: PARKING IN LIEU PAYMENTS:
11-5-4-6: BICYCLE PARKING:
11-5-5: SCHEDULE OF PARKING REQUIREMENTS:
11-5-6: LOADING SPACE REQUIREMENTS:
11-5-1: PURPOSE AND INTERPRETATION OF PROVISIONS:
A. This Chapter provides standards for parking and loading facilities to ensure adequate parking
areas for various uses, minimize traffic hazards and congestion, promote vehicular and
pedestrian safety and efficient land use, and mitigate impacts on surrounding properties.
Parking is a key element of any development. An oversupply can result in excess
environmental and physical impacts while an undersupply can result in vehicles intruding
onto adjoining properties and neighborhoods. The goal is to find the balance between
providing adequate parking to support approved uses while minimizing the negative effects of
excessive land area or resources devoted to parking. A well-planned and executed parking
program is essential to establishing and maintaining a human scale environment that
emphasizes parking efficiency over parking supply.
Shared parking is encouraged and is a critical factor in the design and success of a mixed use
project such as Spring Valley. A shared parking program versus traditional parking standards
reduces parking requirements, enhances community character and vitality, increases
streetscape appeal, reduces impervious surface area and decreases storm water and pollution
runoff, reduces the “urban heat island effect,” reduces conflicts between vehicles and
pedestrians, and provides better pedestrian flow and connectivity.
B. In the interpretation of this chapter, the following shall govern:
1. Parking spaces for other permitted or conditional uses not listed herein shall be determined
by the Administrator. Among the factors for determining the number of spaces to be
ORDINANCE NO. 710 – Page 244
required for a use not listed herein, the administrator shall compare the proposed use with a
use which has similar traffic generating characteristics as outlined in the most recent
version of the institute of transportation engineers trip generation manual.
2. Fractional numbers shall be increased to the next whole number.
3. When more than one use is conducted on a site, the total number of parking spaces shall be
the sum of the requirements for each use unless shared parking is approved.
4. When computing parking requirements based on the amount of square footage in
buildings, all calculations shall be on a gross floor area (GFA) basis, unless specifically
stated otherwise.
5.Parking Based on Seating. When the parking requirements are based on seating and the
seating consists of benches or pews, each twenty-four (24)linear inches of bench or pew
shall be considered one seat.
6.Parking Based on Employees. For the purpose of computing parking requirements based
on the number of employees, calculations shall be for the largest number of persons
working on any single shift.
7.Residential Parking. Driveways may be used to satisfy minimum on-site parking
requirements, beyond the covered parking requirements, for residential dwellings, provided
that sufficient length is available to satisfy the minimum design standards.
11-5-2: APPLICATION OF PROVISIONS:
A. No building or structure shall be erected, substantially altered, or its use changed unless
permanently maintained off street parking and loading spaces have been provided in accordance
with the provisions of this Title.
B. The provisions of this chapter, except where there is a change of use, shall not apply to
any existing building or structure. Where a new use involves no additions or enlargements, there
shall be provided as many such spaces as may be required by this Title.
C. Whenever a building, structure, or use, constructed or changed in use after the effective
date hereof, is changed or enlarged in floor area, number of employees, number of dwelling
units, seating capacity, or otherwise to create a need for an increase in the number of existing
parking spaces per this Title, additional parking spaces shall be provided so that the existing
building, structure, or use, and proposed enlargement or change in use, shall then and thereafter
comply with the full parking requirements set forth herein.
D. The parking requirements in section 5-5 of this Chapter represent general parking standards
for individual uses under which all proposed development will be evaluated. Requirements
for uses not specifically listed shall be determined by the Administrator based on uses with
ORDINANCE NO. 710 – Page 245
similar traffic generation characteristics as outlined in the most recent Institute of Traffic
Engineers (ITE) Trip Generation Manual. Parking includes garage and carport spaces.
E.Parking lots shall be screened from adjacent uses, streets and pathways by walls, plantings,
earth berms or a combination thereof pursuant to the screening requirements in Chapter 3 of
this Title Where on-street parking is provided adjacent to the use it serves, it shall count
towards the parking requirement for the use.
F.Consideration should be given to providing spaces to accommodate alternative forms of
transportation such as, for example, motorcycles, motor scooters and golf carts.
11-5-3: DESIGN AND MAINTENANCE:
A.Surfacing and Striping except as approved by the Administrator, or as allowed below, all
parking and loading facilities shall be surfaced (paved) with asphalt or concrete, striped
and marked to clearly define access lanes, standard, compact and handicapped parking
spaces, and internal circulation movements. The following uses may have unpaved
parking areas:
1.Aggregate Processing Plants
2.Equestrian Centers/Riding Academies
3.Sports Fields (overflow parking)
4.Agriculture
5.Roadside Stands
6.Plant Nurseries/Sod Farms (Wholesale)
7.Maintenance Facilities
8.Carnivals and Circuses
9.Wineries and Vineyards (depending on location to perpetuate an agrarian
character of the site)
10.Temporary Construction Offices/Yards
11.Temporary Sales Offices/Trailers
B. Drainage: All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties or walkways. Drainage plans shall be
reviewed and approved by the city engineer and, for any site abutting a public street, such plans
ORDINANCE NO. 710 – Page 246
shall be reviewed and approved by the Ada County Highway District, or highway district having
jurisdiction.
C. Access: Off-street parking areas shall provide suitable maneuvering room so that all vehicles
may enter an abutting street in a forward direction. The backing of a motor vehicle onto a
public street from a parking area shall be restricted or prohibited, except for residential
properties along local roadways. Access driveways for parking areas or loading spaces shall
be located in such a way that any vehicle entering or leaving such area shall be clearly visible
by a pedestrian or motorist approaching the access or driveway from a public or private street.
D. Maintenance: The Owner of parking facilities shall be responsible to continually maintain the
parking facilities in compliance with approved site plans and shall be free of litter and debris.
E. Compact Spaces: Shall be designed consistent with 11A- 4-4-4-2 of this Title.
F. Location: Off–street parking areas should be located on the sides or rear of buildings instead
of the front. When parking areas are located in the front of buildings, they should be
adequately screened pursuant to with Chapter 3 of this Title.
11-5-4: ADDITIONAL PARKING REGULATIONS AND REQUIREMENTS:
11-5-4-1: LOCATION OF PARKING SPACES:
A. The following regulations shall govern the location of off street parking spaces and areas:
1. Parking spaces for all detached residential uses shall be located on the same lot as the use
which they are intended to serve.
2. Parking spaces for retail or customer parking for commercial, industrial, or
public/semipublic uses shall be located not more than seven hundred feet (700') from the
principal use measured along the sidewalk, or walkway available for public use, from the
primary entrance of the principal use to the furthest parking space within the parking lot.
3. Parking spaces for apartments, dormitories or similar residential uses shall be located not
more than three hundred feet (300') from the principal use measured along the sidewalk, or
walkway available for public use, from the primary entrance of the principal use to the
furthest parking space within the parking lot.
4. Parking spaces for employee parking on a daily basis where the vehicle is used
occasionally, regardless of the nature of employment, shall be located not more than one
thousand five hundred feet (1,500') from the principal use measured along the sidewalk, or
ORDINANCE NO. 710 – Page 247
walkway available for public use, from the primary entrance of the principal use to the
furthest parking space within the parking lot.
5. When off site parking is provided, a directional sign shall be erected on the premises and
shall advise the public of the distance and direction to the offsite parking area. Any such
sign shall conform to applicable requirements of Chapter 3 of this Title, and at a minimum
shall be approved in writing by the zoning administrator prior to installation.
B. No part of any parking area for more than ten (10) vehicles shall be closer than twenty feet
(20') to any dwelling unit, school, or hospital or other institution for human care located on an
adjoining lot, unless separated by an acceptably designed screen. If on the same lot with a one-
family residence, the parking area shall be located and screened as required by the design review
board.
C. A reduction in parking requirements can be requested at the Preliminary Plat or Site Plan
review phase when evidence is provided to warrant a modification of the parking requirements.
The Administrator may grant up to a 20% reduction. A greater reduction requires approval by
the City Council.
11-5-4-2: ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND
REQUIREMENTS:
A. Site Lighting: Parking areas used during the hours of darkness shall have lighting that
provides adequate illumination for security and safety while maintaining dark sky lighting
principles. The minimum requirements are contain in Chapter 3 of this Title
1. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
B. Screening And/Or Landscaping: Parking lot screening and landscaping shall comply with
Chapter 3 of this Title.
C.: Wheel Stops/Curbing:Concrete curbing at least 6 inches high and 6 inches wide or wheel
stops shall be provided to prevent vehicles from overhanging abutting sidewalks, properties,
or public rights-of-way, to protect landscaped areas, and to protect adjacent properties. Such
curbing or wheel stops shall be located at least three (3) feet from any adjacent wall, fence,
property line, walkway, or structure where parking and/or drive aisles are located. Wheel
stops are not required where parking abuts a walkway with an attached curb and the walkway
provides a minimum 4 foot pedestrian clear area.
F. Off Street Parking Design And Dimension Tables
ORDINANCE NO. 710 – Page 248
See Tables 5.1, 4.2 and Exhibit 5.1 below for parking dimensions.
ORDINANCE NO. 710 – Page 249
TABLE 5.1 – PARKING DIMENSIONS FOR STANDARD CARS
Parking angle (A) 45° 60° 90° Parallel
Width of space (B) 9 feet 9 feet 9 feet 9 feet
Length of space (C) 19 feet 19 feet 19 feet 23 feet
Width of Drive Aisle (D) 13 feet 17 feet 24 feet 12 feet
TABLE 5.2. – PARKING DIMENSIONS FOR COMPACT CARS
Parking angle (A) 45° 60° 90° Parallel
Width of Space (B) 7’6” feet 7’6” feet 7’6” feet 7’6” feet
Length of Space (C)
17 feet 17 feet 17 feet 19 feet
Width of Drive Aisle (D) 13 feet 16 feet 24 feet 12 feet
Notes:
1.Length of spaces may be reduced by 2 feet with no tire stops and a 2-foot overhang into
an adjacent walkway when the walkway is at least 7 feet wide and free of impediments.
2.Aisles less than 20 feet in width are considered one way.
3.Handicapped spaces shall comply with UBC or federal standards.
ORDINANCE NO. 710 – Page 250
Exhibit 5.1 – Parking Layout
G. Handicapped Parking: Handicapped spaces shall be twelve feet by nineteen feet (12' x 19')
or two (2) eight feet by nineteen feet (8' x 19'), separated by a five foot (5') aisle.
H. Reduction For Planter Overhangs: When a parking space abuts a landscape planter, the front
two feet (2') of the required length for a parking space may overhang the planter.
11-5-4-3: Joint & Off-Site Parking
.
The parking requirements may be met by the use of joint and/or off-site parking facilities.
Alternatives to the parking requirements contained herein will be considered to:
Avoid the visual intrusion and heat build-up that results from large paved areas.
Insure the efficient use of land.
Create an incentive to provide pedestrian-friendly development.
A.
The Administrator may authorize the use of joint parking, offsite parking or a combination of the
methods as described below:
A. Joint Parking:
ORDINANCE NO. 710 – Page 251
1. The uses separately generate parking demands primarily during hours when the other uses
are not in operation and the parking spaces serve the uses without conflict;
2. The peak hours of parking demand from the uses shall generally not coincide so that the
peak demand will be less than the parking required;
3. The applicant provides documentation showing the parking demand will be reduced if a
public or private transit system serves the use;
4. A shared parking analysis has been submitted describing the nature of the uses and the
times when the uses operate so as to demonstrate the lack of potential conflict;
5. A shared parking facility, if located on a site other than the site where the uses are located,
shall be located no further than that permitted in Chapter 5-4-3B Off-Site Parking, of these
Standards.
6. The owners of the parcels or uses cooperatively establish and operate the facilities;
7. The owners of the parcels execute an agreement, satisfactory to the City Attorney, which
outlines the terms and conditions of the shared parking arrangement. The agreement shall
include the following:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the shared parking facility;
ORDINANCE NO. 710 – Page 252
c. A provision that the City may require parking facilities in addition to those originally
approved upon findings by the City Council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the City Council may, for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the City in an
effort to assure compliance with this Chapter. The agreement must contain the legal
description of both parcels and must be of sufficient duration to ensure the continued use
of the shared parking facilities. The City may record the agreement in the office of the
County Recorder, or require the applicant to do so.
B. Off-Site Parking. The parking requirements may be met by locating the required parking
spaces on a separate parcel from the lot on which the principal use is located. Off-site parking
may be approved only if:
1. The parcels containing the use and the off-site parking are under common ownership, or a
cross-parking easement agreement is provided;
2. The parcel to be used for parking is located as follows from the building or use it is
intended to serve (as measured along the sidewalk or walkway available for public use from
the primary entrance of the principal use to the furthest parking space within the parcel):
a. Not more than three hundred (300) feet for residential uses
b. Not more than seven hundred (700) feet in the Community Commercial (CC), Highway
Mixed Use (HMU), and Mixed Use (MU) districts and for all public/quasi-public uses
ORDINANCE NO. 710 – Page 253
c. Not more the one thousand five hundred (1,500) feet in the Village Center (VC) and
Neighborhood Commercial (NC) districts
d. Not more than one thousand five hundred (1,500) feet for employee parking on a daily
basis where the vehicle is used occasionally, regardless of the nature of employment;
3. The parcel to be used for parking is not separated or divided from the building or use it is
intended to serve by a freeway, expressway, highway, or primary arterial;
4. The applicant satisfies the Administrator that the use of the off-site parcel for parking will
not be detrimental to public safety; and
5. The owner of the parcels executes an agreement or similar document, satisfactory to the
City Attorney, which outlines the terms and conditions of the off-site parking use. The
document must contain the legal description of both the off-site parcel and the parcel where
the principal use is located and must be of sufficient duration to ensure the continued use of
the off-site parcel for parking. In order to provide record notice of the existence of the off-
site parking arrangement, the applicant shall record the document in the office of the County
Recorder and provide a copy of the document to the City
C. Hotels and Resort Parking: The Administrator may authorize a reduction in the total number
of required parking spaces for hotel/resort developments pursuant to the Joint and off Street
Parking standards of this Chapter. Such reduction shall apply only to such uses as restaurants,
retail stores, amusements/recreational facilities and similar uses which are clearly ancillary to the
hotel. Required parking for supplementary uses shall be determined by a shared parking analysis
as described in Chapter 5-4-3B Joint Parking, of this Title. In determining the parking
requirement, the Administrator shall consider the following:
1. The characteristic of each use and the projected peak parking demand, including hours of
operation;
ORDINANCE NO. 710 – Page 254
2. The potential reduction in vehicle movements afforded by multi-purpose use of spaces by
employees or customers;
3. The potential reduction in vehicle trips afforded by multiple use of the facilities by guests
and customers; and
4. The extent to which the applicant can document the lack of potential conflict among
parking needs and facilities.
11-5-4-4: PARKING DISABLED VEHICLES:
The parking of a disabled vehicle within a residential or commercial district for a period of more
than two (2) weeks shall be prohibited unless such vehicle is stored in an enclosed garage or
other accessory building.
11-5-4-5: BICYCLE PARKING:
One bicycle parking space within an approved rack shall be required for each thirty (30) required
automobile parking spaces or fraction thereof for office and commercial developments. Multi-
family residential developments shall provide one bicycle rack space per each ten (10) units.
Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the
parking facility criteria of the "Bicycle-Pedestrian Design Manual For Ada County" as prepared
for the Ada County Highway District with the exception that bicycle racks do not have to be
covered unless required by the design review board, or planning and zoning commission or city
council.
11-5-5: SCHEDULE OF PARKING REQUIREMENTS:
In accordance with subsection 11-5-1B of this chapter, parking spaces for other permitted or
conditional uses not listed herein shall be determined by the administrator. Among the factors for
ORDINANCE NO. 710 – Page 255
determining the number of spaces to be required for a use not listed herein, the administrator
shall compare the proposed use with a use which has similar traffic generating characteristics as
outlined in the most recent version of the institute of transportation engineers trip generation
manual.
For the purpose of this Title, the following space requirements shall apply:
TABLE 5.3 REQUIRED PARKING
COMMERCIAL USES
Auto Body Shops 1 space per 225 s.f. of GFA
1 space per 2 gas pumps and 2 spaces per service
Auto Gas Stations/Service Shops
bay (not counting fronts of bays/pumps)
Auto Repair and Service Shops
1 space per 225 s.f. of GFA
(Major and Minor)
Auto/Truck Rental Agencies 1 space per 200 s.f. of GFA
1 space per 400 s.f. of GFA, plus 1 space per 750
Auto Sales (New and Used)
s.f. of outdoor display
1 space per 200 s.f. of GFA, plus 1 lane per drive-
Banks/Financial Institutions
up window and/or automatic teller machine with
stacking for 4 vehicles per lane
Bars/Pubs/Nightclubs 1 space per 200 s.f. of GFA
1 space per sleeping room plus 2 spaces for
Bed & Breakfast Facilities
primary residence
1 space per 400 s.f. of GFA, plus 1 space per 1,000
Building Materials/Lumber Yards
s.f. of gross storage area
1 space per 200 s.f. of GFA of sales, office or
Car Washes (Full & Self Service)
lounge area, plus stacking for 3 cars per washing
station
Childcare Facilities
1 space on-site (may include driveway)
(Family/Home Day Care)
2 spaces
Childcare Facilities (Group Day
ORDINANCE NO. 710 – Page 256
Care)
Childcare Facilities (Day Care 3 spaces per classroom, but not less than 9 spaces
Centers/Pre-Schools) for the building
Clinics/Urgent Care Facilities 1 space per 200 s.f. of GFA
Clubs: Public and Private 1 space per 200 s.f. of GFA
Commercial Center, Community Determined by building use at site plan review
Commercial Center,
Determined by building use at site plan review
Neighborhood
1 space per 400 s.f. of GFA, plus stacking for 3
Dry Cleaners/Laundries
cars per drive-up window
Ambulance Services: 1 space per 500 s.f. of GFA,
plus 2 enclosed ambulance storage spaces
Emergency Health Care Facilities
Emergency Health Care: 1 space per 200 s.f. of
GFA Emergency Services: 1 space per 500 s.f. of
GFA, plus 2 enclosed vehicle storage spaces
General: 1 space per 250 s.f. of GFA Bowling
Centers/Lanes: 3 spaces per lane, plus 1 space per
100 s.f. of area used for restaurant, cocktail lounge,
arcade area or similar use Golf Driving Ranges: 3
Entertainment Facilities spaces plus 1 space per tee Miniature Golf Courses:
(excluding shooting ranges and 3 spaces per hole Skating Rinks (ice/roller): 1
gun clubs)
space per 100 s.f. of skating rink area
Tennis/Racquetball Clubs: 3 spaces per court
Theaters (live and movie): 1 space per 5 fixed seats
or 10 spaces per 1,000 s.f. of GFA, whichever is
greater
Flex Space 1 space per 500 s.f. of GFA
Food and Beverage Sales 1 space per 250 s.f. of GFA
Health Clubs 1 space per 250 s.f. of GFA
Home Occupations 1 space on-site (may include driveway)
Hospitals and related facilities 1 space per patient bed
ORDINANCE NO. 710 – Page 257
1 space per guest room, plus 1 space per 2
employees; parking requirements for hotels that
Hotels & Motels
contain ancillary uses (retail, restaurants,
conference centers, etc.) such as those found in a
resort shall be determined by site plan review
Kennels 1 space per 400 s.f. of GFA
Laboratories 1 space per 500 s.f. of GFA
Laundromats 1 space per 300 s.f. of GFA
Liquor Stores 1 space per 250 s.f. of GFA
1 space per 500 s.f. of GFA used for
Manufacturing, Light
manufacturing/processing, plus 1 space per 300 s.f.
of office or sales area
Mortuaries/Funeral Homes 1 space per 4 seats
Motion Picture/Television
Determined by site plan review
Production Facilities
Nursing/Convalescent
1 space per 3 beds
Homes/Transitional Housing
General: 1 space per 250 s.f. of GFA
Offices, Business & Professional
Medical/Dental: 1 space per 200 s.f. of GFA
Personal Improvement
1 space per 250 s.f. of GFA
Establishments
General: 1 space per 250 s.f. of GFA Barber
Shops/Beauty Parlors: 2 spaces per barber chair or
Personal Service Establishments
beautician station Repair Shops (appliances and
electronics): 1 space per 400.s.f. of GFA
Radio & TV Broadcast Stations 1 space per 500 s.f. of GFA
Recreational Vehicle Sales: 1 space per 500 s.f. of GFA
Service: 2 spaces per service bay Storage: 1 space
Dealerships/Service/Storage
per 1,500 s.f. of gross storage area , plus 1 space
per 750 s.f. of outdoor display
ORDINANCE NO. 710 – Page 258
Recycling/Solid Waste Transfer
1 space per 1,000 s.f. of GFA
Centers
Sales: 1 space per 400 s.f. of GFA
Rental Service Stores/Storage Service: 2 spaces per service bay Storage: 1 space
Yards (large equipment)
per 500 s.f. of GFA of office space, plus 1 space
per 500 s.f. of outdoor display
Research & Development
1 space per 500 s.f. of GFA
Facilities
With Drive-through: 1 space per 200 s.f. of GFA,
Restaurants (w/ and w/o drive-
plus stacking for 5 cars for drive-up service
throughs) and Catering
Without Drive-through: 1 space per 150 s.f. of
Establishments
GFA
Resorts Determined by site plan review
General: 1 space per 250 s.f. of GFA Furniture and
Large Appliance Stores: 1 space per 500 s.f. of
GFA of sale floor display area, plus 1 space per
Retail Sales and Services (other 2,500 s.f. of GFA of warehouse storage Printing
than those listed)
and Blueprint Facilities: 1 space per 400 s.f. of
GFA Rental Stores (small tools/equipment: 1 space
per 500 s.f. of GFA of structure and covered
storage area
Shooting Ranges/Gun Clubs 1 space per target and/or shooting station
Special Care Facility 1 space per 3 beds
Veterinary Hospitals/Clinics 1 space per 400 s.f. of GFA
General: 1 space per 1,000 s.f. of GFA up to
Warehousing, Wholesaling, 20,000 s.f. plus 1 space per 2,000 s.f. of GFA over
Distribution and Storage
20,000 s.f. Mini-Storage: 1 space per 20 storage
units
RESIDENTIAL USES
Accessory Dwelling 1 space per unit
1.5 spaces per unit, including 1 covered space
Multi-Family, Studio & One
ORDINANCE NO. 710 – Page 259
Bedroom
Multi-Family, Two Bedroom 2 spaces per unit, including 1 covered space
Multi-Family, Three Bedrooms
2 spaces per unit, including 1 covered space
and Above
1 covered space per unit, plus 1 guest space for
Senior Citizen Apartment
every 5 units
Single-Family
2 spaces per unit including 1 covered space
Attached/Detached/Equestrian
2 spaces per unit, including 1 covered space, plus
.25 spaces per unit for guest parking (adjacent on-
Single-Family (SFSL)
street parking may count toward guest parking
requirement)
CIVIC, COMMUNITY, & PUBLIC/QUASI-PUBLIC USES
General: 1 space per 250 s.f. of GFA Swimming
Community Association
Pools: 1 space per 4 persons capacity, plus 1 space
Buildings and Facilities, including
per 4 seats or 1 space per 30 s.f. of GFA used for
Clubhouses and Swimming Pools
seating purposes, whichever is greater
Community Information Centers 1 space per 250 s.f.
1 space per 4 fixed seats or 10 spaces per 1,000 s.f.
Conference Centers
of GFA, whichever is greater
Equestrian Centers/Riding
1 space per 4 stalls
Academies
4 spaces per hole, plus 1 space per 150 s.f. of GFA
Golf Courses/Clubhouses
of clubhouse
Museums 1 space per 400 s.f. of GFA
Parks/Open Space/Trail Heads Determined by site plan review
1 space per 400 s.f. of GFA, but not less than 6
Post Office/Annexes
spaces
1 space per 500 s.f. of GFA
Wireless Communication
ORDINANCE NO. 710 – Page 260
Facilities
1 space per 300 s.f. of GFA for offices, plus 1
space per 100 s.f. of GFA for weight
rooms/workout and/or dance rooms, plus 1 space
Recreation/Community Centers
per 100 s.f. of GFA for restaurant/café or snack
bar, plus 1 space per employee for largest shift,
plus additional parking for any stadiums/arenas or
other uses
1 space per 3 seats in spectator area; if there is no
Recreation Fields, Courts, and
seating for spectators, an interpretation by the
Sports Facilities
Administrator is required
Religious Facilities/Houses of
1 space per 5 seats
Worship
1 space per 4 persons’ capacity, plus 1 space per 4
Swimming Pools, Outdoor
seats or 1 space per 30 s.f. of GFA used for seating
(Public, Community or Club
purposes, whichever is greater.
Utility Buildings and Facilities Determined by site plan approval or CUP
EDUCATIONAL FACILITIES
Business, Technical & Vocational
1 space per 400 s.f. of GFA
Schools
Colleges and Universities
1 space per 400 s.f. of GFA
(including satellite campuses)
Elementary/Junior High/Middle 2 spaces per classroom, plus 1 space per 5 seats in
Schools auditoriums or assembly halls
9 spaces per classroom, plus 20 spaces for
High Schools
administrative staff
Pre-Schools and Kindergartens 3 spaces per classroom, but not less than 9 spaces
(Private) for the building
AGRICULTURAL USES
Plant Nurseries/Sod Farms (retail
Retail: 1 space per 250 s.f. of GFA, plus 1 space
& wholesale)
per 500 s.f. of outdoor display/lathe
ORDINANCE NO. 710 – Page 261
house/greenhouse area Wholesale: 1 space per
2,000 s.f. of GFA
Vineyards (no winery) 1 space per 2,000 s.f. of GFA
1 space per 1,000 s.f. of GFA. Gift shops,
Wineries
restaurants, event facilities, etc., shall require
additional parking per the standards in this section.
TEMPORARY FACILITIES
Aggregate Processing and Batch
1 space per employee
Plants
1 space per 3 seats (circus) or as determined by a
Carnivals and Circuses
site plan or CUP
Farmers’ Markets As determined by a site plan or CUP
Seasonal or Holiday Product Sales As determined by a site plan.
Special Events Determined by site plan
Temporary Construction 1 space per 2 employee using the facility, plus 2
Offices/Yards spaces
Temporary Real Estate Sales 1 space per 2 employee using the facility, plus 2
Offices/Trailers spaces
GFA= Gross Floor Area
11-5-6 Loading Space Requirements:
Every use that receives or distributes materials or
merchandise by truck shall provide and maintain onsite loading spaces in accordance with the
following standards:
A. Requirements
1. The number of loading spaces shall be based upon the total gross floor area in the building
or use.
2. On-site loading spaces shall be provided in accordance with Table 5.4 below.
ORDINANCE NO. 710 – Page 262
TABLE 5.4 ON-SITE LOADING REQUIREMENTS
Gross Floor Area
1
(Square Feet) Quantity And Type
14,000 - 36,000 1 Type B
36,001 - 60,000 2 Type B
60,001 - 100,000 2 Type B and 1 Type A
Each 75,000 (or fraction thereof) over 100,000 1 additional Type A
NOTES:
1) Type B= 35 feet in length
Type A= 65 feet in length
B. Design Standards: Off-street loading spaces shall be provided in the following manner:
1. The minimum size of a loading space, exclusive of access platforms or loading areas shall
be 35 feet long x 12 feet wide for a Type B space and 65 feet long x 15 feet wide for
a. Type A space with a 15 foot vertical clearance.
2. Loading spaces shall be located as follows:
a. Adjacent to, or as close as possible to, the main structure.
b. Located at the rear or side of the main structure.
ORDINANCE NO. 710 – Page 263
c. Situated to provide convenient access from streets or alleyways.
d. Situated to ensure that all loading and unloading shall take place on-site and in no case
within adjacent public rights-of-way or on-site traffic areas.
e. Situated to ensure that all vehicular maneuvers associated with loading and unloading
shall occur on-site.
f. Situated to ensure that impact on adjacent residential uses is minimized.
ORDINANCE NO. 710 – Page 264
CHAPTER 6 – NON-CONFORMING USE
Eagle City Code 8-5 shall apply within M3 Spring Valley
ORDINANCE NO. 710 – Page 265
Chapter 7- PLANNING UNIT MASTER PLANS
11A-7-1: PURPOSE, GOALS, AND OBJECTIVES:
11A-7-2: PUMP COMPLIANCE WITH PADA:
11A-7-3: OWNERSHIP REQUIREMENTS:
11A-7-4: PLANNING UNIT MASTER PLAN (PUMP) APPLICATION
REQUIREMENTS:
11A-7-5: PROCEDURES FOR APPROVAL:
11A-7-1: PURPOSE, GOALS, AND OBJECTIVES:
A.The purpose of the Planning Unit Master Plan is to ensure that the land uses and densities
prescribe for development are consistent with the PADA and this Title 11A prior to
subdivision;
B.A Planning Unit Master Plan should reflect an area within Spring Valley that the Planning
Unit developer is proposing to subdivide in the future;
C.The Planning Unit Master Plan may address a portion of a Planning Area, a complete
Planning Area, or more than one Planning Area.
11A-7-2: PUMP COMPLIANCE WITH PADA:
The PUMP process is intended to demonstrate substantial conformance with the land use and
infrastructure requirements found within the PADA. The PUMP does not provide or constitute
approval(s) to construct or develop the site.
11A-7-3: OWNERSHIP REQUIREMENTS:
An application for approval of a PUMP may be filed by a property owner or a person having an
existing interest in the property to be included in the PUMP. The PUMP application shall be
filed in the name or names of the recorded owner or owners of property included in the
development. However, the application may be filed by the holder(s) of an equitable interest in
such property.
Documentation showing the approval by the Master Developer shall be presented at the time of
application submittal.
ORDINANCE NO. 710 – Page 266
11A-7-4:PLANNING UNIT MASTER PLAN (PUMP) APPLICATION
REQUIREMENTS
A. A PUMP shall be prepared for each Planning Area as defined in the PADA, or a portion of a
Planning Area, detailing substantial conformance with Exhibits D, D1, D2, D3, D4, D5 and E
of the PADA which includes but is not limited to the general location and size of
development parcels; uses and density ranges for each parcel compared to the maximum
allowed density and units with the planning area; circulation system by road classification
and the use of private roads; backbone water, wastewater, drainage and irrigation facilities;
locations for public facilities; amenities, trails and acres of open space and habitat area; and
landscape character.
A PUMP application shall be submitted to the Administrator for review and approval by the
City.
The applicant shall meet with the Administrator prior to the submission of the PUMP. The
purpose of this meeting is to discuss informally the proposed PUMP and to inform the
applicant of the applicable regulations.
B. The Zoning Administrator shall refer the PUMP application to as many governmental
agencies as deemed necessary. The Zoning Administrator shall provide that any transmittal
will be returned within fifteen (15) days. Such agencies may include the following:
1. Other governing bodies having joint jurisdiction;
2. The appropriate utility companies, irrigation companies or districts and drainage
districts;
3. The superintendent of the school district; and
4. Other agencies having an interest in the proposed subdivision.
C. A PUMP application shall include the following information, on forms or in a format deemed
appropriate by the Zoning Administrator:
1.Project Narrative
ORDINANCE NO. 710 – Page 267
a)Name, address, phone number and email address of the applicant, engineer and/or
planner.
b)Proof of ownership and, if appropriate, identification of the contract-purchaser along
with vesting deed, current Title insurance policy or commitment and legal
description. If the PUMP application is submitted by an applicant other than the
Master Developer, a letter from the Master Developer approving the submission of
the application.
c)A submittal letter including a brief description of the project that also briefly
describes a history of previous project applications.
d)Description of how the PUMP is consistent with the existing and planned uses
outlined in the PADA and the Spring Valley Master Plan. If the PUMP is not in
substantial conformance with any component of the Spring Valley Master Plan, an
amendment of the nonconforming component of the Master Plan shall be submitted
contemporaneously with the PUMP application.
e)A tabulation of proposed residential units and non-residential acres in the Planning
Unit compared to the number of units and non-residential acres allowed in the Spring
Valley Master Plan and the applicable Planning Area in which the PUMP is located,
including cumulative totals approved in connection with previous PUMPs. Such
tabulation shall show the trend toward achieving the Planning Area requirement that
fifty percent (50%) of all dwelling units in the Planning Area, sixty-five percent
(65%) of all single-family detached lots less than five thousand (5,000) square feet in
the Planning Area, and fifty percent (50%) of all single-family detached lots less than
eight thousand (8,000) square feet in the Planning Area, will abut some form of Open
Space.
f)A tabulation of the constrained (pre-mitigation) and unconstrained (post-mitigation)
acreage for the PUMP and the Planning Area.
g)A vicinity map at a scale approved by the Administrator showing the relationship of
the PUMP to the Spring Valley Master Plan and Eagle Comprehensive Plan.
2.Economic Impact Analysis
An Economic Impact Analysis & Demographic Forecast, dated October 25, 2006, and
revised July 2007, by Idaho Economics was provided to the City in connection with the
2007 approval of Spring Valley. An update to the Economic Impact Analysis shall be
provided to City in connection with the first Planning Unit Master Plan application.
Thereafter, an update to the Economic Impact Analysis shall only be required with a
PUMP application if a substantial change is proposed for the Spring Valley Master Plan
such as an increase in the maximum density in Spring Valley.
3.Planning Unit Master Land Use Plan
ORDINANCE NO. 710 – Page 268
A land use plan on a minimum sheet size of 11” x 17” but not greater than 24” x 36” at a
scale appropriate to the sheet and legible enough to read all details and containing the
following:
a)The Title block should be located in the lower right hand corner along with the date
of preparation, owner’s name, address and phone number, and the name, address and
phone number of the person(s) or firm(s) preparing the land use plan.
b)The name of the proposed Planning Unit.
c)North arrow and the scale of the drawing.
d)Location and acreage for each development parcel within the Planning Unit. Land
use districts will be identified with different colors. Superpads/large parcels may be
identified on the land use plan.
e)A summary table describing the land use, number of acres and/or units for each
development parcel.
f)Existing and proposed arterial and collector streets.
g)Topography at 2-foot or other appropriate intervals referenced to a U.S.G.S. standard.
This information could be shown on a separate exhibit.
h)Existing topographic characteristics showing slopes over 25% and the location and
acres for development to be graded pursuant to the Grading Guidelines and Hillside
Development Standards. This information may be shown on a separate exhibit and
may be combined with the submittal listed immediately above.
4.Planning Unit Master Streets & Circulation Plan
a)A plan showing the arterial and collector roadway network.
b)A street and circulation phasing plan.
c)A traffic impact study (TIS) of the ACHD traffic system within the PUMP and ITD
traffic system adjacent to the PUMP for compliance with the Master Traffic Study
and the ACHD Northwest Foothills Transportation Study will be provided to ACHD
and/or ITD. Such TIS may be submitted prior to the rest of the PUMP application.
d)A narrative or evidence showing how this component of the PUMP complies with the
Spring Valley Master Streets & Circulation Plan with reference to traffic volumes
associated with previously approved PUMP(s). The narrative shall include a
description of the location of private roads and the number of residential units served
by such private roads.
5.Planning Unit Master Potable Water Plan
ORDINANCE NO. 710 – Page 269
a)An updated Spring Valley Water Facility Plan will be provided if the PUMP
application requires modifications to the existing Spring Valley Water Facility
Plan. If the municipal transmission potable water system complies with the existing
Spring Valley Water Facility Plan, an update is not necessary.
b)A plan showing the location and size of municipal transmission potable water system
components, including both on- and off-site (that is, outside of the Planning Unit)
municipal water mains (that is, not service lines), municipal wells, pump stations,
pressure reducing stations and storage facilities needed to serve the Planning Unit.
c)A phasing plan for the construction of the necessary municipal transmission potable
water system.
d)A narrative or evidence showing how this component of the PUMP complies with the
Spring Valley Master Water Facility Plan and the Spring Valley RAFN water right.
6.Planning Unit Master Wastewater Plan
a)A plan showing the location, size, type and capacity of the backbone wastewater
collection, transmission and treatment system components, including effluent and/or
re-use storage, transmission and/or disposal facilities needed to serve the Planning
Unit.
b)A phasing plan for the construction of the necessary wastewater collection and re-use
systems.
c)A narrative or evidence showing how this component of the PUMP complies with the
Spring Valley Master Wastewater Facility Plan, including a discussion of re-use goals
and feasibility.
7.Planning Unit Master Drainage Plan
a)A plan showing the location and estimated size of major drainage channels and major
retention/detention basins, and the location of existing major drainage ways and
designated 100-year flood plains within the Planning Unit including background
information and/or calculations.
b)Location and acreage removed from the floodway pursuant to the FEMA-approved
CLOMR.
c)A narrative describing: proposed measures necessary to comply with the ACHD
Storm Water Policy Manual for drainage located within ACHD rights-of-way; and
the regional design of storm water management systems that mitigate flooding
potential, including peak discharge reduction and storage facilities consistent with
applicable ACHD or City requirements and the basis of design for flood protection
for all structures.
d)A narrative or evidence showing how this component of the PUMP complies with the
Spring Valley Master Drainage Plan.
8.Planning Unit Master Pressurized Irrigation Plan
ORDINANCE NO. 710 – Page 270
a)An updated Spring Valley Master Pressurized Irrigation Plan will be provided if the
PUMP application requires modifications to the existing Spring Valley Master
Pressurized Irrigation Plan. If the pressurized irrigation system complies with the
existing Spring Valley Master Pressurized Irrigation Plan, an update is not necessary.
b)Description of the irrigation measures to be used for the PUMP including
groundwater, potable water and reuse. Evidence of sufficient means/rights to provide
irrigation.
c)A narrative or evidence showing how this component of the PUMP complies with the
Spring Valley Master Pressurized Irrigation Plan.
9.Planning Unit Master Public Facilities Plan
a)A plan showing the locations of public facilities including schools, fire and police
stations, a library and other civic facilities, and public utility easements and facilities.
b)A narrative or evidence showing how this component of the PUMP complies with the
Spring Valley Master Public Facilities Plan.
c)Evidence from public facility providers to the effect such provider(s) will serve the
Planning Unit.
10.Planning Unit Master Parks, Trails & Open Space Plan
a)A plan showing the locations and sizes of public and private common areas outside of
a development parcel, which may include neighborhood, regional and community
parks, lakes and ponds, floodways, drainage ways and dry gulches, natural open
space, and other open space and recreation areas, including a description of what
amenities are provided.
b)A tabulation of Open Space acreage by Regional Open Space, Community Open
Space (including Open Space within neighborhoods or parcels) and other Open Space
(including on-lot Open Space) including cumulative totals in connection with
previous PUMPs.
c)Golf course locations.
d)Location of vineyards and other agricultural areas.
e)Location of regional and community pathway and trail facilities, including typical
pathway and trail cross-sections, materials and trail signage.
f)Identification of who will own and maintain the regional and community parks, trails
and open space facilities.
g)A phasing plan for the construction of the regional and community parks, trails and
Open Spaces within the Planning Unit.
ORDINANCE NO. 710 – Page 271
h)A narrative or evidence showing how this component of the PUMP complies with the
Spring Valley Master Parks, Trails & Open Space Plan.
i)Discussion of the funding mechanism proposed in connection with the maintenance
of Regional Open Space.
j)A letter of recommendation from the Eagle Parks and Pathway Committee for all
facilities to be dedicated, operated and/or maintained by and to the City.
11.Environmental Design Plan
a)Landscape – An exhibit or exhibits showing landscape areas that will use upland or
riparian landscape palettes included in Title 11A Chapter 3. The exhibit shall also
include the location of formal versus informal street sections as defined in Title 11A
Chapter 3.
b)Signage - An exhibit showing the location of the proposed community signs for the
PUMP identified in Title 11A Chapter 3. Approval of the PUMP signage plan does
not waive the requirement for all community signs to comply with the location, size
and spacing standards of Title 11A Chapter 3 and/or the Community Master Sign
Plan once approved by the City, and, if the Community Master Sign Plan has not
been approved by the City, then City Code.
c)Habitat Mitigation Plan - Location of any Areas of Special Concern, and if present, a
narrative or evidence of showing how the PUMP complies with the Spring Valley
Habitat Mitigation Plan.
12. Super Pad/Large Parcel Plan
a)A plan showing the conceptual locations and sizes of super pads/large parcels for sale
and transfer for further development. The plan should include timing and phasing of
platting. The conceptual location and sizes of super pads/large parcels may be
identified on the land use plan.
b)All platting of such super pads/large parcels shall be conducted in compliance with
Title 11A Chapter 13 of Eagle City Code.
c)Super pads/large parcels are not considered buildable lots until re-platted and
reviewed for compliance with Title 11A Chapter 13 of Eagle City Code.
11A-7-5 PROCEDURES FOR APPROVAL:
The following procedures shall be used for the review and approval of a PUMP application.
A. Action by Planning & Zoning Commission
ORDINANCE NO. 710 – Page 272
1)Within forty-five (45) days after an application has been made and following the notice
requirements as set forth in Chapter 11A-7-13 of Eagle City Code, the Planning &
Zoning Commission shall hold a public hearing to consider the application and make a
recommendation to the City Council. The Planning & Zoning Commission shall either
recommend approval, approval with conditions, or continue for further review, the PUMP
application. The Planning & Zoning recommendation shall be made within forty (40)
days of the date of the regular meeting at which the PUMP application is first considered
by the Planning & Zoning Commission. If the PUMP is in substantial conformance with
the PADA and applicable provisions of Title 11A of Eagle City Code, the Planning &
Zoning Commission shall not unreasonably withhold a recommendation of approval. If
the Planning and Zoning Commission finds that the PUMP submitted does not reflect
proportional progress of Planning Area requirements (such as density, open space,
community and Neighborhood Centers, etc.) in comparison to the percentage of Planning
Area already developed, the Planning and Zoning Commission may still proceed with
processing the PUMP if the Commission finds that adequate conditions can be imposed
on future PUMP applications to ensure reasonable progress towards completion of the
Planning Area requirements.
2)Upon making a recommendation the Commission shall specify in writing:
a)The ordinances and standards used in evaluating the application;
b)The facts submitted with the application and presented establishes that:
i.The PUMP substantially conforms with: the PADA and subsequent
amendments; this Title; applicable master plans approved by the City; and/or
other applicable information reasonably relied on by the City necessary to
uphold the intent of the PADA and this Title:
ii.Streets and thoroughfares proposed are suitable and adequate to carry
anticipated traffic, and increased densities, if any, will not generate traffic is
such amounts as to overload the street network,
iii.The proposed commercial/non-residential development is justified at the
locations proposed and is consistent with the PADA;
iv.The information provided from the agencies having jurisdiction over public
facilities needed for the site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed within the PUMP
area. The Planning Unit will be served, or is conditioned to be served, by
adequate public services.
c)A summary of the current status of overall Planning Area density, Open Space,
Community Centers, Neighborhood Centers, re-assignment of densities, and other
adjustable factors as set forth in the PADA.
3)The recommendation, and the reasons for such recommendation, shall be stated in writing
by the Administrator and forwarded to the applicant. The Administrator shall also
forward the recommendation and the reasons for such recommendation, together with a
ORDINANCE NO. 710 – Page 273
copy of the PUMP application, to the City Council for the City Council’s review and
action.
B. Action by City Council
1) Within fifteen (15) days after issuing a written decision, the Planning & Zoning
Commission shall transmit its recommendation to the City Council. The City Council
shall follow notice and hearing requirements set forth in Chapter 11A-8-13 of this
Chapter. Within forty five (45) days after receipt of the Planning & Zoning
Commission's recommendation, the City Council may approve, conditionally approve or
deny a PUMP and shall specify in writing:
a.The PADA and subsequent amendments, this Title; applicable master plans
approved by the city, and/or other applicable information reasonably relied on by
the City necessary to uphold the intent of the PADA and this Title
b.The reasons for approval or denial; and
c.The actions, if any, that the applicant could take to obtain a PUMP approval.
2) Approval shall not be construed to endorse a precise location of uses or configuration of
parcels. All conditions of the PUMP approval established by the City Council in the
adopted Findings of Fact and Conclusions of Law shall be reviewed and completed prior
to or in conjunction with the final plat approval.
3) Within ten (10) days after a decision has been rendered, the administrator shall provide
the applicant written notice of the action on the request.
ORDINANCE NO. 710 – Page 274
Chapter 8 - ZONING ADMINISTRATION AND ENFORCEMENT
11A-8-1: ZONING ADMINISTRATOR
11A-8-2: ZONING PERMITS AND CERTIFICATES OF OCCUPANCY
11A-8-3: PRE-APPLICATION MEETINGS
11A-8-4 CONDITIONAL USES
11A-8-5: VARIANCES
11A-8-6: DESIGN REVIEW; ADMINISTRATIVE
11A-8-7: DESIGN REVIEW; BOARD LEVEL REVIEW
11A-8-8: APPEALS; OTHER ADMINISTRATIVE DECISIONS
11A-8-9: AMENDMENTS
11A-8-10: ZONING UPON ANNEXATION
11A-8-11: SCHEDULE OF FEES, CHARGES AND EXPENSES
11A-8-12: REQUEST FOR HEARING BY AFFECTED PERSONS
11A-8-13: NOTICE REQUIREMENTS
11A-8-14: VIOLATIONS AND PENALTIES
11A-8-1: ZONING ADMINISTRATOR:
Administration: The Zoning Administrator shall administer this Title 11A and may be
A.
provided with the assistance from such other persons as the council may direct.
Duties: For the purpose of this Title 11A, the Zoning Administrator shall have the following
B.
duties:
1. To advise interested persons of the provisions of this Title 11A;
2. To notify the news media regarding matters of public interest;
3. To aid applicants in the preparation and expedition of required applications;
4. To issue zoning permits, certificate of occupancy permits, notifications and such similar
administrative duties;
5. To investigate all violations of this Title 11A and notify in writing the person responsible
for such violation(s), ordering the action necessary to correct such violation;
6. To assist the council in carrying out the provisions of this Title 11A;
ORDINANCE NO. 710 – Page 275
7.To manage the day-to-day and long-range function of this Chapter including but not
limited to the acceptance, review, processing and approval of all permits and
applications within the Zoning Administrator’s authority for development within
Spring Valley; and
8.To effectuate any minor amendments as set forth in the PADA.
11A-8-2: ZONING PERMITS AND CERTIFICATES OF OCCUPANCY:
A. Zoning Permit:
1.Permit Required: No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or changed
in use without a permit therefor issued by the Zoning Administrator. Zoning permits
shall be issued only in conformity with the provisions of this Title 11A.
2.Application For Permit: The application for zoning permit shall be signed by the owner
or applicant attesting to the truth and exactness of all information supplied on the
application. Each application shall clearly state that the permit shall expire and may be
revoked if work has not begun or is not substantially completed within one (1) year or
other time frame established at the time of zoning permit issuance. At a minimum, the
application shall contain the following information, as applicable:
a.Name, address, phone number and email address of the applicant;
b.Legal description of property;
c. Description of existing use;
d. Description of proposed use;
e. Zoning district and land use district;
f. Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be
built upon; the exact size and location of existing buildings on the lot, if any; and
the location and dimensions of the proposed building(s) or alteration;
g. Building heights;
h. Number of off street parking spaces or loading berths;
i. Number of dwelling units;
j. Proposed sewer and water facilities; and
ORDINANCE NO. 710 – Page 276
k. Such other matters as may be necessary to determine conformance with, and
provide for, the enforcement of this Title 11A.
3. Approval Of Permit, Issuance: Within thirty (30) days after the receipt of an
application, the Zoning Administrator shall either approve or disapprove the application
in conformance with the provisions of this Title 11A. All zoning permits shall,
however, be conditional upon the commencement of work within one (1) year. One (1)
copy of the plans shall be returned to the applicant by the Zoning Administrator after
the Zoning Administrator shall have marked such copy either as approved or
disapproved and attested to same by the Zoning Administrator’s signature on such copy
and one (1) copy of plans, similarly marked, shall be retained by the Zoning
Administrator. The Zoning Administrator shall issue a placard, to be posted in a
conspicuous place on the property in question, attesting to the fact that the use or
alteration is in conformance with the provisions of this Title 11A.
4. Expiration Of Permit: If the work described in any zoning permit has not begun within
one (1) year from the date of issuance thereof, said permit shall expire. It shall be
revoked by the Zoning Administrator and written notice thereof shall be given to the
persons affected.
B. Certificates Of Occupancy:
1. Certificate Of Occupancy Required: It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof hereafter
created, erected, changed, converted or wholly or partly altered or enlarged in its use
or structure until a certificate of occupancy shall have been issued therefor by the
Zoning Administrator stating that the proposed use of the building or land conforms to
the requirements of this Title 11A and with all conditional provisions that may have
been imposed.
2. Temporary Certificate Of Occupancy: A temporary certificate of occupancy may be
issued by the Zoning Administrator for a period not exceeding six (6) months during
alterations or partial occupancy of a building pending its completion.
C. Record Of Zoning Permits And Certificates Of Occupancy: The Zoning Administrator shall
maintain a record of all zoning permits and certificates of occupancy and copies shall be
furnished upon request to any persons.
D. Unlawful Acts:
1. Failure To Obtain Zoning Permit Or Certificate of Occupancy: Failure to obtain a
zoning permit or certificate of occupancy shall be a violation of this Title 11A.
2. Use And Construction Contrary To Plans: Zoning permits or certificates of occupancy
issued on the basis of plans and applications approved by the Zoning Administrator
authorize only the use and arrangement set forth in such approved plans and
ORDINANCE NO. 710 – Page 277
applications or amendments thereto, and no other use, arrangement or construction.
Use, arrangement or construction contrary to that authorized shall be deemed a
violation of this Title 11A.
11A-8-3: PRE-APPLICATION MEETINGS
Applicants shall conduct an informal pre-application meeting with staff in connection with
applications for conditional use, variance, design review and subdivision plat.
11A-8-4: CONDITIONAL USES:
11A-8-4-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing
daily, and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location, design, size, method
of operation, circulation and public facilities that each specific use must be considered
individually.
B. Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a
land use district under the terms of this Title 11A shall not be deemed a nonconforming
use in such land use district, but shall, without further action, be considered a conforming
one.
11A-8-4-2: CONDITIONAL USE PERMIT:
A. Application For Conditional Use Permit: An application for conditional use permit shall
be filed with the Zoning Administrator by at least one (1) owner or lessee of property for
which such conditional use is proposed. At a minimum, the application shall contain the
following information:
1. Name, address, phone number and email address of the applicant;
2. Legal description of property;
3. Description of existing use;
4. Zoning district and land use district;
5. Description of proposed conditional use;
ORDINANCE NO. 710 – Page 278
6. A plan for the proposed site for the conditional use showing, as applicable, the
location of all buildings, parking and loading area, traffic access and traffic circulation,
open spaces, landscaping, refuse and service areas, utilities, signs, yards and such
other information as the Planning & Zoning Commission may require to determine if
the proposed conditional use meets the intent and requirements of this Title 11A; and
7. A narrative statement evaluating the effects on adjoining property; the effect of such
elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion
of the general compatibility with adjacent and other properties in the vicinity; and the
relationship of the proposed use to the Spring Valley Master Plan and/or the PADA.
B. Supplemental Information: Prior to granting a conditional use permit, the City Council may
request studies from the planning staff or public agencies concerning social, economic,
fiscal and/or environmental effects on the proposed conditional use.
C. Procedure For Approval Of Conditional Use Permit:
1. Public Hearing, Notice: Prior to granting a conditional use permit, the Planning &
Zoning Commission shall hold a public hearing in which interested persons shall have
an opportunity to be heard. The public hearing before the Planning & Zoning
Commission shall be scheduled to a date within thirty (30) days of receipt of an
application. Within forty five (45) days after receipt of the application, the Planning &
Zoning Commission shall make its recommendation to approve, conditionally approve
or deny the application. Notice shall be provided as required by Chapter 11A-8-13 of
this Chapter.
2. Action By The Planning & Zoning Commission and City Council: Within fifteen (15)
days after the public hearing, the Planning & Zoning Commission shall transmit its
recommendation of approval or denial to the City Council. Within forty five (45) days
after receipt of the Planning & Zoning Commission's recommendation, the City
Council shall approve or deny the application. The City Council shall follow notice and
hearing requirements set forth in Chapter 11A-8-13 of this Chapter. The City Council
may approve, conditionally approve or deny a conditional use permit under the
conditions as herein specified and considering such additional safeguards as will uphold
the intent of this Title 11A. If the application is approved or approved with
modifications, the City Council shall direct the Zoning Administrator to issue a
conditional use permit listing the specific conditions specified by the City Council for
approval.
Upon making its recommendation to the City Council, and upon granting or denying an
application, the Planning & Zoning Commission or City Council, as applicable, shall
specify:
a. The ordinance and standards used in evaluating the application;
ORDINANCE NO. 710 – Page 279
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain a conditional use permit.
3. Notice To Applicant: Within two (2) days after a written decision has been rendered,
the Zoning Administrator shall provide the applicant with written notice of the action
on the request. Such written notice shall provide or be accompanied by notice to the
applicant regarding the applicant's right to request a regulatory taking analysis
pursuant to section 67-8003, Idaho Code.
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and/or
7. Requiring more restrictive standards than those generally required in this Title 11A.
E. Transfer Of Permit: A conditional use permit is not transferable from one parcel of land to
another. Conditional use permits are an entitlement to the specific property on which the
approval was granted and upon any transfer of title for the property the conditional use
permit transfers to the new owner(s) without further application or approval, provided,
however, the new owner(s) shall be bound by the same conditions of approval applicable to
the conditional use permit that was transferred.
F. Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be
considered as establishing a binding precedent to grant other conditional use permits.
G. Time Limitations, Extensions:
1. Once a conditional use is approved and exercised, said use may continue without
further temporal constraints, provided that the use complies with its intended purpose,
ORDINANCE NO. 710 – Page 280
or City approved modifications thereafter, and does not violate any codes, subject to
the following:
a. An approved conditional use permit shall be valid for a term approved and
conditioned by the City Council, which term may be perpetual.
b. An extension of the time limit for an approved conditional use may be granted
by the City Council, at its sole discretion, without further notice and hearing, if
the following findings are made:
(1) There are no outstanding applicable City code or conditional use permit
violations on the subject property. If such violations exist, they may be
conditioned by the City Council to be cured as a condition of the extension
of time;
(2) The conditional use, as previously approved, remains in the best interests of
the health, safety, and general welfare of the City;
(3) There have been no significant changes to this Title 11A between the date
of conditional use approval and the date of the time extension request that
would require substantial modifications to the project;
(4) There are no hazardous conditions which have developed or have been
discovered on the project site; and
(5) The public facilities and services required for the project remain adequate.
11A-8-4-3: GENERAL STANDARDS FOR CONDITIONAL USES:
The Planning & Zoning Commission/City Council shall review the particular facts and
circumstances of each proposed conditional use in terms of the following standards and shall find
adequate evidence showing that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Chapter 2 of this Title 11A for
the land use district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Spring Valley Master Plan and/or this Title 11A (including any
applicable specific use standards described in Title 11A, Chapter 4) and/or the PADA;
ORDINANCE NO. 710 – Page 281
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
11A-8-4-4: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
In granting any conditional use, the City Council may prescribe appropriate conditions, bonds
and safeguards in conformity with this Title 11A. Violations of such conditions, bonds or
safeguards, when made a part of the terms under which the conditional use is granted, shall be
deemed a violation of this Title 11A.
11A-8-5: VARIANCES:
11A-8-5-1: AUTHORITY TO GRANT VARIANCES:
A. Authority To Grant Variances: The City Council may authorize, in specific cases, such
variance from the terms of this Title 11A as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions of this Title 11A
would result in unnecessary hardship. No nonconforming use of neighboring lands,
ORDINANCE NO. 710 – Page 282
structures or buildings in the same district and no permitted or nonconforming use of lands,
structures or buildings in other districts shall be considered grounds for issuance of a
variance. Variances shall not be granted on the grounds of convenience or profit, but only
where strict application of the provisions of this Title 11A would result in unnecessary
hardship.
B. Application And Standards For Variance: A variance from the terms of this Title 11A shall
not be granted by the City Council unless and until a written application for a variance is
submitted to the Zoning Administrator and the City Council containing:
1. Name, address, phone number and email address of the applicant;
2. Legal description of property;
3. Description of nature of variance requested; and
4. A narrative statement demonstrating that the requested variance conforms to the
following standards:
a. That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands,
structures or buildings in the same land use district;
b. That a literal interpretation of the provisions of this Title 11A would deprive the
applicant of rights commonly enjoyed by other properties in the same land use
district under the terms of this Title 11A;
c. That special conditions and circumstances do not result from the actions of the
applicant; and
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Title 11A to other lands, structures or buildings
in the same land use district.
A variance shall not be granted unless the City Council makes specific findings
of fact based directly on the particular evidence presented to the City Council
which support conclusions that the above mentioned standards and conditions
have been met by the applicant.
11A-8-5-2: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
Under no circumstances shall the City Council grant a variance to allow a use not permissible
under the terms of this Title 11A in the land use district involved, or any use expressly or by
implication prohibited by the terms of this Title 11A in said land use district. In granting any
ORDINANCE NO. 710 – Page 283
variance, the City Council may prescribe appropriate conditions and safeguards in conformity
with this Title 11A. Violation of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this Title 11A.
11A-8-5-3: PROCEDURE FOR APPROVAL OF A VARIANCE:
A.Public Hearing, Notice: Prior to granting a variance, the Planning & Zoning Commission
shall hold a public hearing in which interested persons shall have an opportunity to be
heard. The public hearing before the Planning & Zoning Commission shall be scheduled
to a date within thirty (30) days of receipt of an application. Within forty five (45) days
after receipt of the application the Planning & Zoning Commission shall make its
recommendation to approve, conditionally approve or deny the application. Notice shall
be provided as required by Chapter 11A-8-13 of this Chapter.
B.Action By the Planning & Zoning Commission and City Council: Within fifteen (15)
days after the public hearing, the Planning & Zoning Commission shall transmit its
recommendation of approval, conditional approval or denial to the City Council. Within
forty five (45) days after receipt of the Planning & Zoning Commission's
recommendation, the City Council shall approve or deny the application. The City
Council shall follow the notice requirements provided by Chapter 11A-8-13 of this
Chapter. The City Council may approve, conditionally approve or deny a variance
request under the conditions as herein specified and considering such additional
safeguards as will uphold the intent of this Title 11A. If the application is approved or
approved with modifications, the City Council shall direct the Zoning Administrator to
issue a variance listing the specific conditions specified by the City Council for approval.
Upon making its recommendation to the City Council, and upon granting or denying an
application, the Planning & Zoning Commission or City Council, as applicable, shall
specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a variance.
C. Notice To Applicant: Within two (2) days after a written decision has been rendered, the
Zoning Administrator shall provide the applicant with written notice of the action on the
request. Such written notice shall provide or be accompanied by notice to the applicant
regarding the applicant's right to request a regulatory taking analysis pursuant to section
67-8003, Idaho Code.
ORDINANCE NO. 710 – Page 284
11A-8-6: DESIGN REVIEW; ADMINISTRATIVE
The design requirements, objectives and consideration found in Chapter 3, Design Review,
applies to most development in Spring Valley and design review applications are processed as
provided herein.
11A-8-6-1: Administrative Level Design Review Application
A. Design Review Application Scheduling: At least thirty five (35) days prior to action by the
Zoning Administrator, anyone required to comply with this Chapter shall submit their
application, together with the required fee, to the Zoning Administrator. The Zoning
Administrator may extend the thirty five (35) day review time for design review
applications that are unusually large or complicated and may decrease review times for
applications that are minor or do not require transmittals to other agencies.
B. Action And Required Findings: Following a complete review of the design review
application, the Zoning Administrator shall approve the application as presented, approve
the application with supplementary conditions, continue the application for further review,
or deny the application. Within two (2) days after the Zoning Administrator’s decision has
been rendered, the Zoning Administrator shall provide the applicant written notice of the
action on the request. The decision of the Zoning Administrator shall be final unless the
Zoning Administrator’s decision is appealed timely to the Design Review Board.
11A-8-6-2: Administrative Level Design Review Appeals
A.Appeal of Zoning Administrator Decision to Design Review Board: Administrative level
design review decisions may be appealed to the Design Review Board. An appeal fee, as
may be adopted by resolution of the City Council, shall be required for any appeal. Any
such appeal shall be submitted within ten (10) calendar days after the Zoning
Administrator’s written decision by filing with the Zoning Administrator a notice of appeal
specifying the grounds for the appeal. The Zoning Administrator shall transmit to the
Design Review Board, all documents constituting the record upon which the appeal is
based.
B.Action By the Design Review Board: Within forty five (45) days after receipt of the appeal,
the Design Review Board shall approve, approve with conditions, continue for further
review, or deny the appeal. Upon granting or denying an appeal, the Design Review Board
shall specify:
ORDINANCE NO. 710 – Page 285
a. The ordinance and standards used in evaluating the appeal;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
C.Notice to Appellant: Within two (2) days after the Design Review Board’s written decision
has been rendered, the Zoning Administrator shall provide the appellant written notice of
the action on the request. The decision of the Design Review Board shall be final unless
the Design Review Board’s decision is appealed timely to the City Council.
D.Appeal of Design Review Board Decision to City Council: Design Review Board decisions
may be appealed to the City Council. An appeal fee, as may be adopted by resolution of the
City Council, shall be required for any appeal. Any such appeal shall be submitted within
twenty (20) calendar days after the Design Review Board’s written decision by filing with
the Zoning Administrator a notice of appeal specifying the grounds for the appeal. The
Zoning Administrator shall transmit to the City Council, all documents constituting the
record upon which the appeal is based. An appeal stays all proceedings in furtherance of
the action taken unless the Zoning Administrator certifies to the City Council after the
notice of appeal is filed with the Zoning Administrator that by reason of facts stated in the
application, a stay would, in the Zoning Administrator’s opinion, cause imminent peril to
life and property. In such case, proceedings shall not be stayed other than by a restraining
order which may be granted by the City Council or by a court based upon an application,
with notice to the Zoning Administrator showing due cause.
E.Action By the City Council: Within forty five (45) days after receipt of the appeal, the City
Council shall approve, approve with conditions, continue for further review, or deny the
appeal. Upon granting or denying an appeal, the City Council shall specify:
a. The ordinance and standards used in evaluating the appeal;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
F.Notice to Appellant: Within two (2) days after the City Council’s written decision has
been rendered, the Zoning Administrator shall provide the appellant written notice of the
action on the request. Such written notice shall provide or be accompanied by notice to the
applicant regarding the applicant's right to request a regulatory taking analysis pursuant to
section 67-8003, Idaho Code. The decision of the City Council is final.
11A-8-7: DESIGN REVIEW; BOARD LEVEL REVIEW:
ORDINANCE NO. 710 – Page 286
11A-8-7-1: Board Level Design Review Application
A.Design Review Application Scheduling: At least thirty five (35) days prior to action by
the Design Review Board, anyone required to comply with this Chapter shall submit their
application, together with the required fee, to the Zoning Administrator. The Zoning
Administrator may extend the thirty five (35) day review time for design review
applications that are unusually large or complicated and may decrease review times for
applications that are minor or do not require transmittals to other agencies. At least seven
(7) days prior to any scheduled Design Review Board meeting, all applications to be
considered at that meeting shall be made available to each member of the Design Review
Board. The Zoning Administrator shall direct mail notice of the Design Review Board
meeting to the applicant at least seven (7) days prior to the Design Review Board
meeting.
B.Action And Required Findings: Following a complete review of the design review
application, the Design Review Board shall approve the application as presented, approve
the application with supplementary conditions, continue the application for further
review, or deny the application. Within two (2) days after the Design Review Board’s
written decision has been rendered, the Zoning Administrator shall provide the appellant
written notice of the action on the request. The decision of the Design Review Board
shall be final unless the Design Review Board’s decision is appealed timely to the City
Council.
11A-8-7-2: Board Level Design Review Appeals
A.Appeal of Design Review Board Decision to City Council: Design Review Board decisions
may be appealed to the City Council. An appeal fee, as may be adopted by resolution of the
City Council, shall be required for any appeal. Any such appeal shall be submitted within
twenty (20) calendar days after the Design Review Board’s written decision by filing with
the Zoning Administrator a notice of appeal specifying the grounds for the appeal. The
Zoning Administrator shall transmit to the City Council, all documents constituting the
record upon which the appeal is based. An appeal stays all proceedings in furtherance of
the action taken unless the Zoning Administrator certifies to the City Council after the
notice of appeal is filed with the Zoning Administrator that by reason of facts stated in the
application, a stay would, in the Zoning Administrator’s opinion, cause imminent peril to
life and property. In such case, proceedings shall not be stayed other than by a restraining
order which may be granted by the City Council or by a court based upon an application,
with notice to the Zoning Administrator showing due cause.
B.Action By the City Council: Within forty five (45) days after receipt of the appeal, the City
Council shall approve, approve with conditions, continue for further review, or deny the
appeal. Upon granting or denying an appeal, the City Council shall specify:
a. The ordinance and standards used in evaluating the appeal;
ORDINANCE NO. 710 – Page 287
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
C.Notice to Appellant: Within two (2) days after the City Council’s written decision has
been rendered, the Zoning Administrator shall provide the appellant written notice of the
action on the request. Such written notice shall provide or be accompanied by notice to the
applicant regarding the applicant’s right to request a regulatory taking analysis pursuant to
section 67-8003, Idaho Code. The decision of the City Council is final.
11A-8-8: APPEALS; ADMINISTRATIVE DECISIONS
The City Council shall consider administrative appeals where it is alleged that an error has been
made by the Zoning Administrator.
11A-8-8-1: Administrative Appeals:
A.Appeal of Zoning Administrator Decision to City Council: Appeals to the City Council
concerning interpretation or administration of this Title 11A may be taken by any person
aggrieved or by any officer or bureau of the legislative authority affected by any decision
of the Zoning Administrator.
B.An appeal fee, as may be adopted by resolution of the City Council, shall be required for
any appeal. Any such appeal shall be submitted within twenty (20) calendar days after the
Zoning Administrator’s written decision by filing with the Zoning Administrator a notice
of appeal specifying the grounds for the appeal. The Zoning Administrator shall transmit to
the City Council, all documents constituting the record upon which the appeal is based. An
appeal stays all proceedings in furtherance of the action taken unless the Zoning
Administrator certifies to the City Council after the notice of appeal is filed with the
Zoning Administrator that by reason of facts stated in the application, a stay would, in the
Zoning Administrator’s opinion, cause imminent peril to life and property. In such case,
proceedings shall not be stayed other than by a restraining order which may be granted by
the City Council or by a court based upon an application, with notice to the Zoning
Administrator showing due cause.
C.Action By the City Council: Within forty five (45) days after receipt of the appeal, the City
Council shall approve, approve with conditions, continue for further review, or deny the
appeal. Upon granting or denying an appeal, the City Council shall specify:
a. The ordinance and standards used in evaluating the appeal;
ORDINANCE NO. 710 – Page 288
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
D.Notice to Appellant: Within two (2) days after the City Council’s written decision has
been rendered, the Zoning Administrator shall provide the appellant written notice of the
action on the request. Such written notice shall provide or be accompanied by notice to the
applicant regarding the applicant’s right to request a regulatory taking analysis pursuant to
section 67-8003, Idaho Code. The decision of the City Council is final.
11A-8-9: AMENDMENTS:
11A-8-9-1: Amendments:
A. Authority: Whenever the public necessity, convenience, general welfare or good zoning
practices require, and in accordance with the provisions for amendments to this Title 11A
contained in the PADA, the City Council may, by ordinance after receipt of
recommendation thereon from the Planning & Zoning Commission, and subject to
procedures provided by law, amend, supplement, change or repeal the regulations of this
Title 11A. Provided, however, any amendment, supplement, change or repeal in
connection with Title 11A, Chapter 3, must first be reviewed by the Design Review Board
and a recommendation of the Design Review Board made to the Planning & Zoning
Commission.
B. Initiation Of Zoning Amendments: Amendments to this Title 11A may be initiated in one
of the following ways:
1. By adoption of a motion by the Planning & Zoning Commission;
2. By adoption of a motion by the City Council; or
3. By the filing of an application by a property owner, or a person who has existing
interest in property within the area proposed to be changed or affected by said
amendment.
C. Application For Amendment: Applications for amendments to this Title 11A shall contain
at least the following information:
1. Name, address, phone number and email address of the applicant;
2. A vicinity map at a scale approved by the Zoning Administrator showing property
lines, thoroughfares, existing and proposed zoning and such other items as the
Zoning Administrator may require;
ORDINANCE NO. 710 – Page 289
3. A list of all property owners and their mailing addresses who are within three
hundred feet (300') of the external boundaries of the land being considered;
4. A statement on how the proposed amendment relates to the Spring Valley Master
Plan and/or the PADA, availability of public facilities and compatibility with the
surrounding area; and
5. A fee as established by the City Council.
6. Letter from the Master Developer signifying the Master Developer’s concurrence,
conditional concurrence or opposition of the application.
D. General Procedure For Amendments: Land use districts shall be amended in the following
manner:
1. Request for an amendment to this Title 11A shall be submitted by the Planning &
Zoning Commission, which shall evaluate the request to determine the extent and
nature of the amendment requested. Request for an amendment to Chapter 3 of this
Title 11A shall be submitted first to the Design Review Board, which shall evaluate
the request to determine the extent and nature of the amendment requested and
make its recommendation to the Planning & Zoning Commission.
2. Request shall be reviewed by the Planning & Zoning Commission and shall be
evaluated to determine if such action shall create a demand for public infrastructure
that is not currently available for the site including, but not limited to, municipal
sewer and water services.
3. If the request is in accordance with the adopted Spring Valley Master Plan and/or
the PADA, the Planning & Zoning Commission may recommend and the City
Council may adopt or reject the amendment under the notice and hearing
procedures provided in Chapter 11A-8-13.
4. If the request is not in accordance with the adopted Spring Valley Master Plan
and/or the PADA, the request shall be submitted, along with a proposed amendment
to the Spring Valley Master Plan and/or the PADA, to the Planning & Zoning
Commission, which shall recommend, and the City Council may adopt or reject an
amendment to the Spring Valley Master Plan and/or the PADA, under the notice
and hearing procedures provided in Chapter 11A-8-13. After the Spring Valley
Master Plan and/or the PADA has been amended, this Title 11A may then be
amended as herein provided.
E. Public Hearings, Notice: The Planning & Zoning Commission, prior to recommending an
amendment to this Title 11A to the City Council, shall conduct at least one public hearing
in which interested persons shall have an opportunity to be heard. The Planning &
Zoning Commission shall follow the notice requirements provided in Chapter 11A-8-13
of this Chapter. Following the Planning & Zoning Commission’s hearing, if the Planning
ORDINANCE NO. 710 – Page 290
& Zoning Commission makes a material change from what was presented at the public
hearing, further notice and hearing shall be provided before the Planning & Zoning
Commission forwards the amendment with its recommendation to the City Council.
F. Action By Planning & Zoning Commission:
1. Recommendation By The Planning & Zoning Commission: Within forty five (45)
days from the receipt of the proposed amendment, the Planning & Zoning
Commission shall transmit its recommendation to the City Council. The Planning &
Zoning Commission may recommend that the amendment be granted as requested,
or it may recommend a modification of the amendment requested, or it may
recommend that the amendment be denied. The Planning & Zoning Commission
shall ensure that any recommendations for amendments are in accordance with the
following findings:
a. The proposed amendment is in accordance with the Spring Valley Master
Plan and/or the PADA;
b. The information provided from the agencies having jurisdiction over Spring
Valley indicate that adequate public facilities exist, or are expected to be
provided, to serve any and all uses allowed on property affected by the
proposed amendment; and
c. No nonconforming uses will be created with the amendment.
G. Action By City Council:
1. The City Council, prior to adopting, revising or rejecting the amendment to this
Title 11A as recommended by the Planning & Zoning Commission, shall conduct
at least one public hearing using the same notice and hearing procedures as the
Planning & Zoning Commission. Following the City Council hearing, if the City
Council makes a material change from what was presented at the public hearing,
further notice and hearing shall be provided before the City Council adopts the
amendment.
2. Upon granting or denying an application to amend this Title 11A, the City Council
shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain the amendment.
ORDINANCE NO. 710 – Page 291
H. Effect Of Amendment Approved: In the event the City Council shall approve an
amendment, such amendment shall thereafter be made part of this Title 11A upon the preparation
and passage of an ordinance.
11A-8-10: ZONING UPON ANNEXATION:
The initial Spring Valley property was annexed on December 21, 2009 and rezoned to R-1-DA
(Ordinance 634). All additional annexations, including that certain annexation dated October 1,
2012 (Ordinance 681) shall be subject to the provisions of this Title 11A and the terms of the
PADA.
Prior to annexation of an unincorporated area, the City Council shall request and receive a
recommendation from the Planning & Zoning Commission on the proposed changes to the
Spring Valley Master Plan and/or the PADA and/or this Title 11A for the unincorporated area.
The Planning & Zoning Commission and the City Council shall follow the notice and hearing
procedures for Title 11A map amendments set forth in Chapter 11A-8-13.D of this Chapter.
Concurrently or immediately following the adoption of an ordinance of annexation, the City
Council shall amend the Spring Valley Master Plan and/or the PADA and/or this Title 11A
and/or the PADA to reflect the annexation.
11A-8-11: SCHEDULE OF FEES, CHARGES AND EXPENSES:
The City Council shall establish a schedule of fees, charges and expenses and a collection
procedure for zoning permits, amendments, appeals, variances, conditional use permits, plat
approvals and other matters pertaining to the administration and enforcement of this Title 11A
requiring investigations, inspections, legal advertising, postage and other expenses. The schedule
of fees shall be posted in the office of the Zoning Administrator and may be altered or amended
only by the City Council. Until all applicable fees, charges and expenses have been paid in full,
no action shall be taken on any application or appeal.
All Spring Valley applications that have not been identified on the City’s schedule of fees as
adopted by the City Council or require the City to contract staff specialized to review such
materials, including but not limited to economic analysis, habitat and engineers, shall be subject
ORDINANCE NO. 710 – Page 292
to the terms of the reimbursement agreement between the City and the Master Developer, as may
be amended from time to time.
11A-8-12: REQUEST FOR HEARING BY AFFECTED PERSONS:
A. Definition: An "affected person" shall mean one having a bona fide interest in real
property which may be adversely affected by. (i) the approval, denial or failure to act
upon an application for a subdivision, variance, conditional permit and such other similar
applications required or authorized pursuant to Idaho Code Section 67-6501 et seq.;
(ii) the approval of an ordinance first establishing a zoning district upon annexation or the
approval or denial of an application to change the zoning district applicable to specific
parcels or sites pursuant to section 67-6511, Idaho Code; or (iii) an approval or denial of
an application for conditional rezoning pursuant to section 67-6511, Idaho Code.
B. Right To Request Hearing: Any affected person may, at any time prior to final action on
an application required or authorized pursuant to Idaho Code Section 67-6501 et seq., if
no hearing has been held on the application, petition the City Council in writing to hold a
hearing pursuant to section 67-6512, Idaho Code; provided however, that if twenty (20)
affected persons petition for a hearing, the hearing shall be held.
C. Action By City Council: After a hearing the City Council may:
1. Grant or deny an application; or
2. Delay such a decision for a definite period of time for further study or hearing.
D. Appeals: An affected person aggrieved by a final decision may, after all remedies have
been exhausted under local ordinances, seek judicial review under the procedures provided by
Idaho Code.
11A-8-13: NOTICE REQUIREMENTS:
A.Public Hearings: On every land use action for which notice is provided below, both the
Planning & Zoning Commission and the City Council shall hold a public hearing in which
interested persons shall have an opportunity to be heard. No notice of a City Council
hearing shall be given prior to receiving a recommendation from the Planning & Zoning
Commission or an appeal from the Design Review Board. Following any hearing, if a
material change from what was advertised in the notice and presented at the public hearing
is proposed, further notice and hearing shall be provided before the final decision is made.
B.Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for
annexations, variances, conditional uses, Title 11A amendments, and subdivisions.
ORDINANCE NO. 710 – Page 293
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 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 11A,
except when notice of a neighborhood meeting is required of two hundred (200)
or more property owners 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 minimum of fifteen (15) calendar
days prior to the scheduled neighborhood meeting.
b. The purpose of the neighborhood meeting is for the applicant to provide project
information to the property owners of record.
(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.
d. Application materials shall include a written verification of the neighborhood
meeting and a dated copy of notice provided to property owners of record.
C. Published And Mailed Notice For Spring Valley Master Plan And Title 11A Text
Enactments, Amendments, And Repeals: At least fifteen (15) days prior to each hearing,
notice of the time and place of the hearing and a summary of the proposed action shall be
published in the official newspaper or paper of general circulation within the City. Notice
shall also be made available to other papers, radio, and television stations serving the City
for use as a public service announcement. Notice shall be sent to all political subdivisions
providing services within the City, including school districts, at least fifteen (15) days prior
to the public hearing.
D. Published And Mailed Notice For Spring Valley Master Plan Land Use Map Amendment,
Title 11A Map Amendment, Development Agreement, Conditional Use Permit, Variance,
Planned Unit Development And Subdivision: At least fifteen (15) days prior to each
ORDINANCE NO. 710 – Page 294
hearing, notice of the time and place of the hearing and a summary of the request and
proposed action shall be published in the official newspaper or paper of general circulation
within the City. Notice may also be made available to other papers, radio, and television
stations serving the City for use as a public service announcement.
At least fifteen (15) days prior to the hearing, additional notice shall be provided by mail to
political subdivisions providing services, including school districts, and to property owners
of record of the land being considered, of land within a three hundred foot (300') perimeter
of the exterior boundary of the application property, and of any additional area that may be
impacted by the proposed change as determined by the Zoning Administrator or Planning
& Zoning Commission. When notice is required to two hundred (200) or more property
owners of record, in lieu of the mail notification, three (3) notices in the official newspaper
or paper of general circulation is sufficient; provided, that the third notice appears ten (10)
days prior to the public hearing.
E. Posted Notice: Except as noted within this subsection, anytime notice is required under
subsection D of this Chapter, the land being considered shall be posted not less than ten
(10) days prior to the Planning & Zoning Commission hearing and again not less than ten
(10) days prior to the City Council hearing. For Spring Valley Master Plan Title 11A
amendments consisting of changes to more than ten (10) parcels of land posted notice
shall not be required unless all parcels under request for amendment are contiguous and if
the parcels abut a public right of way. In such cases a minimum of one four foot by eight
foot (4' x 8') plywood sign shall be placed adjacent to the right of way. Otherwise, three
(3) notices in the official newspaper or paper of general circulation, with the third notice
appearing a minimum of ten (10) days prior to the public hearing, shall be published. The
notice shall include a six inch by six inch (6" x 6") minimum size graphic representation
showing the proposed Spring Valley Master Plan land use map or Title 11A map
amendments. Except as noted herein, posting of the property must be in substantial
compliance with the following requirements:
1. Signage Requirements:
a. The sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard
surface mounted on two (2) four inch by four inch (4" x 4") posts in such a
manner that it is perpendicular to the roadway along which the sign is posted
and the bottom of the sign is at least three feet (3') above the ground.
b. Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch
(6") letters shall be the words "Public Notice". In addition, each sign will inform
the public of the name of the applicant, and if applicable, the proposed
development, the date, time, place, and nature of the public hearing and a
summary of the proposal to be considered. Each sign shall be painted white and
the letters shall be painted black and shall appear on both sides. An example of
this sign is listed below:
ORDINANCE NO. 710 – Page 295
2. Location Of Signs: The sign(s) shall be posted on the land being considered along
each roadway that is adjacent to it. The signs shall be located on the property outside
of the public right of way, if they can be so located and remain clearly visible from
the roadway; otherwise, the consent of the owner of the right of way must be
obtained and the sign(s) located therein. Except as noted herein, or as determined by
the Zoning Administrator, if the land being considered consists of more than one
parcel of record, a sign must be located upon each parcel. The Zoning Administrator,
upon finding that adequate notice will be provided, may not require all signs to
comply with the size requirements of subsection E1 of this section. In the event that
the land being considered includes properties with five hundred feet (500') or more
of road frontage, a sign shall be placed on each end of the property roadway
frontage. If this property includes a corner lot, three (3) signs shall be posted, one on
the corner and one on each end of the property roadway frontages.
3. Certification: The applicant shall submit a certification to the City Clerk no later
than seven (7) days prior to the hearing as to what, where, and when sign(s) were
posted. Unless the certification is received by such date, the hearing will be
canceled.
4. Sign Removal; Penalty: No later than three (3) days after the noticed hearing and any
continuation thereof, sign(s) must be removed. A penalty of twenty five dollars
($25.00) per day shall be imposed against each applicant for late removal of the
signs.
11A-8-14: VIOLATIONS AND PENALTIES:
A. Complaints Regarding Violations: Whenever a violation of this Title 11A occurs, or is
alleged to have occurred, any person may file a written complaint. Such complaint, stating
fully the causes and basis thereof, shall be filed with the Zoning Administrator. The
Zoning Administrator shall properly record such complaint, immediately investigate and
take action thereon as provided by this Title 11A.
ORDINANCE NO. 710 – Page 296
B. Penalties: The City Attorney shall, in addition to taking whatever criminal action deemed
necessary, take steps to civilly enjoin any violation of this Title 11A. Penalties for failure
to comply with or violations of the provisions of this Title 11A shall be as follows:
Violation of any of the provisions of this Title 11A or failure to comply with any of its
requirements shall constitute an infraction, and be punishable as provided below. The
landowner, tenant, subdivider, builder, public official or any other person who commits,
participates in, assists in or maintains such violation may be found guilty of a separate
offense. Nothing herein contained shall prevent the City Council or any other public
official or private citizen from taking such lawful action as is necessary to restrain or
prevent any violation of this Title 11A or of the Idaho Code.
1.Misdemeanor Penalty: Any person convicted of a violation of any section or provision
of this Title 11A, without regard to the form of the judgment, shall be subject to fine
and/or imprisonment up to but not exceeding the maximum penalties set forth in
sections 18-113 and 50-302, Idaho Code, as may from time to time be amended and/or
retitled. Either or both such fine and imprisonment may be imposed; and in addition
thereto, any person so convicted shall pay costs as the court may assess.
2.Infraction Penalty: Any person convicted of a violation of any Chapter or provision of
this Title 11A when such offense is specifically designated as an infraction, and where
no other penalty is set forth therein, shall be subject to fine as set forth in section 18-
113A, Idaho Code, as may from time to time be amended and/or retitled. Failure to
satisfy judgment as ordered by the court shall be deemed contempt of court punishable
as a misdemeanor pursuant to Idaho Code 18-1801.
3.Federally Mandated Programs: When this City is participating in a federally mandated
program, wherein penalties or enforcement remedies are required by the terms of
participation in the program, the City may enforce such requirements by ordinance, to
include a criminal or civil monetary penalty not to exceed one thousand dollars
($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months or to
include both a fine and imprisonment for criminal offenses as set forth in section 50-
302, Idaho Code, as may from time to time be amended and/or retitled.
4.License: When a person is convicted or found guilty of a violation of any Chapter or
provision of this Title 11A or any ordinance of the City, any license previously issued
to him/her by the City, and directly related to the conviction, may be revoked by the
court or by the City Council.
ORDINANCE NO. 710 – Page 297
CHAPTER 9 – AREA OF CITY IMPACT
Eagle City Code 8-8 in effect on December 21, 2012 shall apply within M3 Spring Valley as
may be amended from time to time.
ORDINANCE NO. 710 – Page 298
CHAPTER 10 – HISTORIC PRESERVATION
Eagle City Code 8-9 in effect on December 21, 2012 shall apply within M3 Spring Valley.
ORDINANCE NO. 710 – Page 299
CHAPTER 11 - DEVELOPMENT AGREEMENT
On December 27, 2007, the City and M3 entered into a development agreement, instrument #
107170114. On January 14, 2014, the Eagle City Council approved the “M3/Spring Valley
Development Agreement” superseding the previous development agreement (Instrument No.
107170114);
ORDINANCE NO. 710 – Page 300
CHAPTER 12: MINIMAL PROPERTY MAINTENANCE
Eagle City Code 8-11 in effect on December 21, 2012 shall apply within the Spring Valley
development.
ORDINANCE NO. 710 – Page 301
CHAPTER 13 – LAND SUBDIVISIONS
TITLE A
GENERAL SUBDIVISION PROVISIONS
11A-13A-1: SHORT TITLE:
11A-13A-2: AUTHORITY:
11A-13A-3: PURPOSE:
11A-13A-4: JURISDICTION:
11A-13A-5: INTERPRETATION:
11A-13A-6: RULES AND DEFINITIONS:
11A-13A-1: SHORT TITLE:
Chapter 13 of this Title 11 shall be known and may be cited as the SUBDIVISION ORDINANCE
OF SPRING VALLEY.
11A-13A-2: AUTHORITY:
These regulations are authorized by Title 50, chapter 13 and Title 67, chapter 65 of the Idaho
Code; and Title 12, chapter 2 of the Idaho constitution, as amended or subsequently codified.
11A-13A-3: PURPOSE:
The purpose of these regulations is to promote the public health, safety and general welfare, and
to provide for:
A.The harmonious development of Spring Valley;
B.The coordination of streets and roads within a subdivision with other existing or planned
streets and roads;
C.Adequate open space for travel, light, air and recreation;
ORDINANCE NO. 710 – Page 302
D.Adequate transportation, water drainage and sanitary facilities;
E.The avoidance of the scattered subdivision of land that would result in either of the
following:
1.The lack of water supply, sewer service, drainage, transportation or other public
services; or
2.The unnecessary imposition of an excessive expenditure of public funds for the
supply of such services;
F.The requirements as to the extent and the manner in which:
1.Roads shall be created, improved and maintained; and
2.Water and sewer and other utility mains, piping connection, or other facilities shall be
installed;
G.The manner and form of making and filing of any plats; and
H.The administration of these regulations by defining the powers and duties of approving
authorities.
11A-13A-4: JURISDICTION:
These regulations shall apply to the subdivision of land within the corporate limits of the city
commonly known as Spring Valley.
11A-13A-5: INTERPRETATION:
ORDINANCE NO. 710 – Page 303
All subdivisions as herein defined shall be submitted for approval by the council and shall
comply with the provisions of these regulations and the PADA. The regulations contained
herein take precedence over those found elsewhere in Title 11A. In the event of a conflict
between these regulations and Title 11A, these regulations shall prevail.
11A-13A-6: RULES AND DEFINITIONS:
Terms or words used herein shall be interpreted as follows:
A.The present tense includes the past or future tense, the singular includes the plural and the
plural includes the singular.
B.The word "shall" is mandatory; the word "may" is permissive; and the word "should" is
preferred.
C.The masculine shall include the feminine.
As used in Chapter 13 of this Title 11A, the following words and terms shall have the meanings
ascribed to them in this chapter:
ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who
is appointed by the mayor, with the consent of the City Council, to administer this Title
ADMINISTRATOR, FLOODPLAIN: An official having knowledge in the principles and
practices of Flood Control Regulations who is appointed by the Zoning Administrator, to
administer Flood Control Regulations and Title 10 of Eagle City Code.
ALLEY: A minor street providing secondary access at the back or side of a property otherwise
abutting a street.
ARTERIAL STREET: A street designated for the purpose of carrying fast and/or heavy traffic.
ORDINANCE NO. 710 – Page 304
BLOCK: A group of lots, tracts or parcels within well-defined boundaries, usually streets.
BUILDING: A structure designed or used as the living quarters for one (1) or more families, or a
structure designed for use as an accessory to a structure used for living quarters or a structure
designed for commercial or industrial uses.
BUILDING SETBACK LINE: The required distance from a building to a property line or site
improvements, including streets, curbs, parking lots, various site driveways and access roads,
walkways, hardscape, and walls, and in which no building or structure may be located above
ground except as may be provided herein.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or
other means for erecting pads for buildings.
CITY: The city of Eagle, Idaho.
CITY COUNCIL: The city council of Eagle, Idaho.
COLLECTOR STREET: A street designated for the purpose of carrying traffic from minor
streets to other collector streets and/or arterial streets.
COMMISSION: The planning and zoning commission of the city.
COMPREHENSIVE PLAN: An adopted document that herein may be referred to as a
comprehensive plan or comprehensive development plan.
ORDINANCE NO. 710 – Page 305
CONDOMINIUM: One of a group of dwelling units within a building or complex of buildings in
which each dwelling unit is individually owned and the common parts of the property, such as
the buildings, grounds, and other areas of common use are owned jointly by the unit owners.
COUNTY RECORDER: The office of the Ada County recorder.
COVENANT: A written promise or pledge.
CUL-DE-SAC: A street connected to another street at one end only and provided with a
turnaround space at its terminus.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEAD END STREET: A street connecting to another street at one end only and not having
provision for vehicular turnaround at its terminus.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance,
resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes
public upon the acceptance by the city.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DITCH: An open channel artificially constructed.
DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with
"runoff" as used herein.
ORDINANCE NO. 710 – Page 306
DRAINAGE CHANNEL: A natural channel, ditch, pipe or other conduit for liquid, naturally or
artificially situated to receive storm drainage at an inlet point or multiple inlet points and then
convey such storm drainage to an outlet point.
DRAINAGE FACILITY: An artificially constructed or naturally occurring drainage channel,
detention or retention facility, or partial retention facility.
DRAINAGE RECEIVER: A government entity, canal company or special taxing district which
maintains a drainage facility adjacent to the development and agrees, as evidenced by a signed
and dated public document, to accept a defined quantity of storm drainage from the development.
This definition also applies to Ada County Highway District, with regard to any runoff from any
development to any street.
Notice is particularly given that the presence of a natural drainage channel does not relieve the
developer from the requirement that any drainage must be retained unless discharged at the pre-
development rate or it is formally accepted by a drainage receiver.
DRAINAGEWAY: A drainage channel or drainage ditch.
DWELLING UNIT: A principal (not accessory) structure, building or portion thereof that is used
exclusively for human habitation including living, sleeping, eating, cooking and sanitation.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for
specific purposes. Also, a right acquired by prescription.
ENGINEER: Any person who is licensed in the state to practice professional engineering.
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake
or other body of water which has been or may be covered by water of a flood of 100-year
ORDINANCE NO. 710 – Page 307
frequency. The floodplain includes the channel, floodway or floodway fringe, as established
pursuant to engineering practices of the U.S. Army Corps of Engineers, as follows:
CHANNEL: A natural or artificial watercourse of perceptible extent, with definite bend and
banks to confine and conduct continuously or periodically flowing water.
FLOOD: The temporary inundation of land adjacent to and inundated by overflow from a river,
stream, lake or other body of water.
FLOOD OF 100-YEAR FREQUENCY: A flood magnitude which has a one percent (1%)
chance of being equaled or exceeded in any given year.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot (1').
FLOODWAY FRINGE: That part of the floodplain which is beyond the floodway. Such areas
include those portions of the floodplain which will be inundated by a flood of 100-year
frequency.
FRONTAGE STREET: A minor street, parallel to and adjacent to an arterial street, to provide
access to abutting properties.
GOVERNING BODY: The city council of the city of Eagle, Idaho.
GRADING GUIDELINES AND HILLSIDE DEVELOPMENT STANDARDS: Those certain
Grading Guidelines and Hillside Development Standards, approved by City for Spring Valley on
November 24, 2009 in connection with Eagle City file number RZ-19-6 MOD, which establishes
principles and specific techniques to guide grading, improvement design and site development
on hillsides and other areas within Spring Valley.
ORDINANCE NO. 710 – Page 308
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of ten
percent (10%) or more.
IMPROVEMENT: Any alteration to the land or other physical construction associated with
subdivision and building site developments.
LOOP: A minor street in which both terminal points are on the same street of origin.
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 Title, 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 AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or
rights of way of record.
LOT TYPES: As used in these regulations, lot types are as follows:
A.Corner Lot: A lot located at the intersections of two (2) or more streets.
ORDINANCE NO. 710 – Page 309
B.Interior Lot: A lot other than a corner lot with frontage on only one street other than a
corner lot.
C. Through Lot: A lot with frontage on more than one street other than a corner lot.
M3 EAGLE: The original and temporary name for Spring Valley that was used during the
planning and approval process with the city of Eagle. All references to M3 Eagle in prior
planning documents are synonymous with Spring Valley.
MAJOR SUBDIVISION: Any subdivision not able to qualify as a minor subdivision, including,
but not limited to, subdivision of two (2) or more lots, or any size subdivision requiring any new
street or extension of the local government facilities, or the creation of any public improvements.
MASTER DEVELOPER: The M3 Companies L.L.C., an Arizona limited liability company, and
all its successors in Title and interest.
MINOR STREET: A street which has the primary purpose of providing access to abutting
properties.
MINOR SUBDIVISION: Any subdivision containing not more than ten (10) lots fronting on an
existing street; not involving any new street or road, or the extension of municipal facilities, or
the creation of any public improvements; and not adversely affecting the remainder of the parcel
or adjoining property; and not in conflict with any provision or portion of the applicable PUMP,
official map, or Chapter 12 of this Title 11.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or steel
rods, used to identify any tract, parcel, lot or street lines, as specified in chapter 50-1303, Idaho
Code.
OPEN SPACE: Land which is set aside for use by residents of Spring Valley or the general
public for recreation, agriculture, habitat, vegetation, scenic or similar uses. Open Space may be
ORDINANCE NO. 710 – Page 310
developed or natural and may include: (i) public and private parks, sports fields, and trails;
(ii) golf courses; (iii) equestrian centers; (iv) vineyards and other agricultural lands;
(v) landscape easements or common areas inside or outside of public rights of way;
(vi) floodplains and floodways; (vii) the lesser of 50 percent of school sites or the area of
playfields, (viii) scenic corridors; (ix) undeveloped hillsides; (x) wetlands, wildlife habitat,
drainage areas, and unique or sensitive plant areas; and (xi) conservation easements or permanent
open space on private lands or lots subject to deed restriction. Open Space may be publicly or
privately owned and may be accessible or inaccessible to the public. The minimum Open Space
within Spring Valley shall be twenty percent (20%) of Spring Valley or 1,203 acres. The
minimum amount of Open Space within any Planning Area shall be fifteen (15%) of the total
gross acres of the Planning Area.
OPEN SPACE, ACTIVE: Open Space which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, golf
courses or sports courts, children's play area, dog play area, and pathways, excluding passive
open space areas. Landscape buffer areas not required pursuant to Chapter 2A of this Title 11
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.
OPEN SPACE, PASSIVE: Open Space which includes, but is not limited to, landscaped buffer
areas required pursuant to Chapter 2A of this Title 11 (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
ORIGINAL PARCEL OF LAND: Any unplatted contiguous parcel of land held in one
ownership as of November 15, 1983.
OWNER: An individual, firm, association, syndicate, partnership or corporation having any
interest, legal or equitable, in the land to be subdivided.
PARTIAL RETENTION OR DETENTION FACILITY: A constructed basin or underground
storage vessel built to retain a portion of the storm drainage it receives until it is absorbed into
the soil strata, and to allow not more than an amount as designated by agreement with an
adjacent drainage receiver to pass into an adjacent drainage way or drainage facility.
ORDINANCE NO. 710 – Page 311
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the required
street width, usually along the edge of a subdivision or tract of land.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the
subdivider or his surety to the city clerk which guarantees that the subdivider will perform all
actions required by the governing body regarding an approved plat, and provides that if the
subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or
his surety will pay damages up to the limit of the bond, or the surety will itself complete the
requirements of the approved plat.
PLANNED UNIT DEVELOPMENT (PUD): A development designed to incorporate a variety of
uses and lot sizes, and planned to be developed as a unit under single ownership or control and
may include residential, commercial, or office uses, or any combination thereof in a pre-planned
environment as provided for in the PADA.
PLAT: The drawing, mapping or planning of a subdivision, town site or other tract of land or a
replatting of such including certifications, descriptions and approvals including the following:
A.Preliminary Plat: The first formal presentation by drawings of a proposed
subdivision; and
B.Final Plat: The final and formal presentation by drawings of an approved subdivision
development, the original and one (1) copy of which is filed with the county clerk and
recorder.
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT (PADA): That certain Pre-
Annexation and Development Agreement, between the city of Eagle and M3 Eagle L.L.C.,
recorded December 27, 2007, as amended from time to time.
PRE-DEVELOPMENT RUNOFF: The runoff quantity that would have been produced during
the design storm from the site in its original native soil condition, prior to any construction of
buildings or of modified surfaces.
ORDINANCE NO. 710 – Page 312
PRIVATE STREET: A right of way which provides access to adjacent properties under separate
ownership and which is not dedicated to or officially accepted by a public entity, but not
including a driveway as defined in subchapter 11A-13C-11 of this Title.
RESERVE STRIP: A strip of land between a partial street and adjacent property which is
reserved or held in public ownership for future street extension or widening.
RETENTION FACILITY: A constructed basin or constructed underground storage vessel built
to retain all of the storm drainage it receives until it is absorbed into the soil strata.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally
includes streets, sidewalks and other public utilities or service areas.
SPRING VALLEY: A 6,000+ acre planned community located in the North Eagle Foothills in
the city of Eagle, which will contain a mix of residential, commercial, employment, institutional,
civic, service, recreational, and open space uses and which is subject to the PADA.
STANDARD SPECIFICATIONS: The specifications as specified in Chapter 13 of this Title 11A
or as officially adopted by the city.
STATE: The state of Idaho.
STORAGE VESSEL: An earthen basin or tank or vault structure employed to store liquid.
Earthen basins used to store storm drainage may be filled with porous media (usually gravel) to
attain structural stability, in which case the volume of available storage is taken as the volume of
the interstitial voids of the porous media.
STORM DRAINAGE: The water running off the surfaces of a site as a result of precipitation on
the site (including rain, hail meltwater and snow meltwater).
ORDINANCE NO. 710 – Page 313
STREET: A right of way which provides 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, land, place and other such terms.
SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust or
other legal entity that executes the application and initiates proceedings for the subdivision of
land in accordance with the provisions of Chapter 13 of this Title 11A. The subdivider need not
be the owner of the property; however, he shall be an agent of the owner or have sufficient
proprietary rights in the property to represent the owner.
SUBDIVISION: The result of an act of dividing any lot, tract or parcel of land into two (2) or
more parts for the purpose of transfer of ownership or development, which may also include the
dedication of a public street. Subdivisions shall be divided into "minor subdivision" and "major
subdivision”, as those terms are defined in this chapter. However, Chapter 13 of this Title 11A
shall not apply to any of the following:
A.An adjustment of lot lines as shown on a recorded plat which does not reduce the
area, frontage, width, depth or building setback lines of each building site below the
minimum zoning requirements, and does not increase the original number of lots in
any block of the recorded plat;
B.An allocation of land in the settlement of an estate of a decedent or a court decree for
the distribution of property;
C.The unwilling sale of land as a result of legal condemnation as defined and allowed in
the Idaho Code;
D.Widening of existing streets to conform to the comprehensive plan;
E.Acquisition of street rights of way by a public agency in conformance with the
comprehensive plan; and
F. The exchange of land for the purpose of straightening property boundaries which does
not result in the change of present land usage.
ORDINANCE NO. 710 – Page 314
SUPER PAD/LARGE LOT: One (1) or more lots, each at least two (2) acres in size, identified
as “Super Pad(s)/Large Lot(s) on a plat for grading and/or further development. Such Super
Pad(s)/Large Lot(s) will be graded and will have adequate roads and utilities stubbed to such lots
in preparation for replatting. Such Super Pad(s)/Large Lot(s) are not considered buildable lots
until replatted as provided in Chapter 12 of Title 11.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do
professional surveying.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, storm water
and similar facilities providing service to and used by the public.
VARIANCE: A modification of the requirements of Chapter 13 of this Title 11A as to lot size,
lot coverage, width, depth, front yard, side yard, rear yard, setbacks, or other ordinance
provisions 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 characteristics of the
site and the variance is not in conflict with the public interest.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger
area.
ORDINANCE NO. 710 – Page 315
TITLE B
SUBDIVISION PLATS AND PROCEDURES
11A-13B-1: APPLICATION FOR SUBDIVISION APPROVAL GENERALLY:
11A-13B-2: PREAPPLICATION PROCEDURE:
11A-13B-3: PRELIMINARY PLAT:
11A-13B-4: FINAL PLAT:
11A-13B-5: FEES:
11A-13B-6: RECORD OF LOT; PLAT APPROVAL:
11A-13B-7: SALE OF LOT; PLAT TO BE RECORDED:
11A-13B-8: PARCEL DIVISION:
11A-13B-1: APPLICATION FOR SUBDIVISION APPROVAL GENERALLY:
Any person desiring to create a "subdivision" as herein defined shall submit all necessary
applications to the administrator.
11A-13B-2: PREAPPLICATION PROCEDURE:
A.Submission Of Pre-application: The subdivider shall submit a pre-application to enable
the administrator to review and comment on the proposed subdivision.
B.Sketch Plan: The pre-application shall include at least one (1) copy of a sketch plan. The
sketch plan shall include the entire developmental scheme of the proposed subdivision, in
schematic form, and including the following:
1.The general layout and approximate dimension of streets, blocks and lots in sketch
form;
2.The existing conditions and characteristics of the land on and adjacent to the
proposed subdivision site; and
ORDINANCE NO. 710 – Page 316
3.The areas set aside for open space, schools, parks and/or other public facilities.
C.Action By Administrator: The administrator shall notify the subdivider within fifteen (15)
days from the date of receipt of an acceptable pre-application as to the general
conformance or nonconformance of the proposal with Chapter 13 of this Title 11A, shall
provide the necessary forms and checklists and shall comment on the following:
1.Compliance of the proposed development with existing local or state governmental
goals and objectives or Spring Valley Master Plans and the PADA.
2.Determination if additional special permits or ordinance conflicts such as rezone,
special development permit or variance, are needed and the manner of coordinating
such permits.
3.Consideration of any unique environmental features or hazardous concerns that may
be directly or indirectly associated with the subject property such as areas that have
been designated by the state of Idaho as areas of critical environmental concern,
unique plant or animal life, floodplain, airport flight pattern and the like.
4.Consideration of other local and state governmental agencies that the subdivider
should contact before preparing a preliminary plat.
11A-13B-3: PRELIMINARY PLAT:
A.Application Required:
1.Filing Of Preliminary Plat Application And Data: The subdivider shall file with the
administrator a complete subdivision application form and preliminary plat data as
required in this Title.
B.Combining Preliminary And Final Plat In Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1.The proposed subdivision does not exceed ten (10) lots which may include Super
Pad(s)/Large Lot(s);
ORDINANCE NO. 710 – Page 317
2.No new street dedication or street widening is involved;
3.No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4.All required information for both preliminary and final plat is complete and in an
acceptable form; and
5.The proposed subdivision is not in conflict with the applicable PUMP or any
provision of Title 11A.
A request to combine both preliminary plat and final plat into one (1) application shall be acted
upon by the commission upon recommendation of the zoning administrator.
C.Required Information And Data:
1.The contents of the preliminary plat and related information shall be in such a form as
stipulated by the city council; however, any additional maps or data deemed
necessary by the administrator may also be required.
2. The subdivider shall submit to the administrator at least the following:
a.Six (6) copies of the preliminary plat of the proposed subdivision, drawn in
accordance with the requirements hereinafter stated. Each copy of the
preliminary plat shall be on good quality paper, shall have the dimensions of
not less than twenty-four inches by thirty-six inches (24" x 36"), shall be
drawn to a scale of not less than one inch to one hundred feet (1" = 100'), shall
show the drafting date, and shall indicate thereon, by arrow, the generally
northerly direction;
b.Six (6) sets of preliminary engineering plans (not meant to be cross chapters
or detailed designs) for streets, water, sewers, sidewalks and other required
public improvements; however, such engineering plans shall contain sufficient
information and detail to make a determination as to conformance of the
proposed improvements to applicable regulations, ordinances and standards;
c.A written application requesting approval of the preliminary plan; and
ORDINANCE NO. 710 – Page 318
d.Appropriate information that sufficiently details the proposed development
within any special development area such as hillside, planned unit
development, floodplain, hazardous and unique areas of development.
3. The following shall be submitted separately:
a.The name of the proposed subdivision;
b.The name, address and telephone numbers of the subdivider or subdividers
and the engineer or surveyor who prepared the plat;
c.The name and address of all adjoining owners of property and residents within
three hundred feet (300') of the external boundaries of the land being
considered, whether or not bisected by a public right of way as shown on
record in the county assessor's office;
d.The legal description of the subdivision;
e.The statement of the intended use of the proposed subdivision, such as
residential single-family, two-family and multiple housing, commercial,
office, recreational or agricultural and a designation of any sites proposed for
Super Pad(s)/Large Lot(s) or for parks, playgrounds, schools, churches or
other public uses;
f.A map of the entire PUMP if the proposed subdivision is a portion of the
PUMP. A map shall be submitted showing the location of existing buildings,
water bodies or courses and the location of currently dedicated streets at the
point where they adjoin and/or are immediately adjacent; provided, that actual
measured distances shall not be required;
g.A vicinity map showing the relationship of the proposed plat to Spring Valley
and the surrounding area;
h.The land use and existing zoning of the proposed subdivision and the adjacent
land;
i.Streets, street names, rights of way and roadway widths, including adjoining
streets or roadways;
ORDINANCE NO. 710 – Page 319
j.Lot lines and blocks showing the dimensions and numbers of each including
Super Pad(s)/Large Lot(s);
k.Contour lines, shown at five foot (5') intervals where land slope is greater than
ten percent (10%) and at two foot (2') intervals where land slope is ten percent
(10%) or less, referenced to an established bench mark, including location and
elevation;
l.A site report as required by the appropriate health district where individual
wells or septic tanks are proposed;
m.Any proposed or existing utilities, including, but not limited to, storm and
sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water
mains, fire hydrants and their respective profiles;
n.Any dedications to the public and/or easements, together with a statement of
location, dimensions and purpose of such; and
o.Any additional required information for special developments as specified in
Chapter 13E of this Title 11A.
p.A copy of any transportation studies or analysis that has been provided and/or
required by another agency, having jurisdiction over the project, in support or
review of this application
D.Procedure For Approval Of Preliminary Plat:
1.Administrative Review:
a.Certification By Administrator, Public Hearing: Upon receipt of the preliminary
plat and all other required data as provided for herein, the administrator shall
certify the application as complete and shall affix the date of application
acceptance thereon. The administrator shall schedule a public hearing before the
planning and zoning commission, which hearing shall be held within forty-five
(45) days of the date of certification of a complete application.
ORDINANCE NO. 710 – Page 320
b.Review By Other Agencies: The administrator shall refer the preliminary plat and
application to as many governmental agencies as deemed necessary. Such
agencies may include the following:
(1)Other governing bodies having joint jurisdiction;
(2)The appropriate utility companies, irrigation companies or districts and
drainage districts;
(3)The superintendent of the school district; and
(4) Other agencies having an interest in the proposed subdivision.
c.Recommendation By Administrator: The zoning administrator shall provide that
any transmittal as provided in subchapter D.1.b of this chapter will be returned
within fifteen (15) days. At the end of the fifteen (15) day period, the
administrator shall prepare a recommendation to the commission. All agency
responses shall be supplied by the zoning administrator to the planning and
zoning commission.
2.Public Notice: The administrator shall provide notice in accordance with the
requirements of chapter 11A-8-9 of this code.
3.Action By Commission:
a.Commission's Findings: In determining the acceptance of a proposed subdivision,
the commission shall consider the objectives of Chapter 13 of this Title 11A and
at least the following:
(1)The conformance of the subdivision with the applicable PUMP;
(2)The availability of or an approved plan to complete public services to
accommodate the proposed development including, but not limited to,
compliance with Title 6, chapter 5 of this code;
(3)The other health, safety and environmental problems that may be brought to
the commission's attention.
ORDINANCE NO. 710 – Page 321
b.Action On Preliminary Plat: The commission may recommend approval,
conditional approval, disapproval or tabling for a period not to exceed thirty-five
(35) days. Such action shall occur within thirty-five (35) days of the date of the
regular meeting at which the plat is first considered by the commission. The
action, and the reasons for such action shall be stated in writing by the
administrator and forwarded to the applicant. The administrator shall also forward
a statement of the action taken and the reasons for such action together with a
copy of the preliminary plat to the council for its action. Upon granting or
denying a preliminary plat, the commission shall specify:
(1)The ordinance and standards used in evaluating the application;
(2)The reasons for recommending approval or denial; and
(3) The actions if any, that the applicant could take to obtain approval of the
preliminary plat.
c.Action On Combined Preliminary And Final Plat: If the commission's conclusion
is favorable to the subdivider's request for the subdivision to be considered as
both a preliminary plat and final plat, then a recommendation shall be forwarded
to the city council in the same manner as herein specified for a final plat. The
commission may recommend that the combined application be approved,
approved conditionally or disapproved.
4.Action By Council: Within forty five (45) days after receipt of the commission's
recommendation and following the notice requirements as set forth in chapter 11A-8-
9 of this code, the city council shall make findings as required in subchapter D3b of
this chapter. The city council shall approve, approve conditionally or disapprove the
preliminary plat within thirty (30) days of the public hearing conducted to consider
the commission's recommendation.
E.Approval Period:
1.Failure to file an application with and obtain the certification of the acceptance of the
final plat by the zoning administrator within three (3) years after the date on which
action was taken by the city council shall cause all approvals of said preliminary plat
to be null and void.
A maximum twelve (12) month extension of the time limit on the approved
preliminary plat may be granted by the city council, at its sole discretion, if the
following findings are made:
ORDINANCE NO. 710 – Page 322
a.There are no outstanding city code Title 11A or plat approval violations on the
subject property. If such violations exist, they may be conditioned by the city
council to be cured as a condition of the extension of time;
b.The preliminary plat, as previously approved, remains in the best interests of the
health, safety, and general welfare of the city;
c.There have been no significant changes to this Chapter 13 between the date of
preliminary plat approval and the application date of the time extension request
that would require substantial modifications to the project;
d.There are no hazardous conditions which have developed or have been discovered
on the project site;
e.The public facilities and services required for the project remain adequate;
f.The applicant has provided a viable and acceptable plan which demonstrates that
the final plat application will be filed within the year; and
g.The applicant has provided a schedule that depicts the anticipated timing for the
filing of the final plat application within the year.
2.The city council reserves the right to revoke the extension of time approval if it finds
that any of the criteria herein are not met.
3.This chapter does not limit the number of extensions the city council may grant to an
applicant so long as the criteria set forth in subchapter E.1 of this chapter are met.
Nothing in this chapter requires the city council to grant any extension of an approval
period.
4.Projects with approved phasing plans do not need time extensions, so long as the
construction of improvements do not cease for more than one (1) year in any given
phase.
5.In the event that the development of the preliminary plat is made in successive,
contiguous segments through an approved phasing plan in an orderly and reasonable
manner, and conforms to such segments, if submitted within successive intervals for
one (1) year, it may be considered for final approval without resubmission for
preliminary plat approval.
11A-13B-4: FINAL PLAT:
A.Filing Of Final Plat: After the approval or conditional approval of the preliminary plat, the
subdivider may cause the total parcel or any part thereof to be surveyed and a final plat
ORDINANCE NO. 710 – Page 323
prepared in accordance with the approved preliminary plat. The subdivider shall submit to
the administrator the following:
1.Three (3) copies of the final plat; and
1.Three (3) copies of the final engineering construction drawings for streets, water, sewers,
sidewalks and other public improvements.
B.Contents: The final plat shall include and be in compliance with all items required under
Title 50, chapter 13, Idaho Code and shall be prepared in accordance with the specifications
set forth in chapter 50-1304, Idaho Code. The final plat shall include at least the following:
1.A written application for approval of such final plat as stipulated by the city council;
2.Proof of current ownership of the real property included in the proposed final plat;
3.Such other information as the administrator or city council may deem necessary to
establish whether or not all proper parties have signed and/or approved said final plat;
4.Conformance with the approved preliminary plat and meeting all requirements or
conditions thereof;
5.Conformance with all requirements and provisions of Chapter 13 of this Title 11A;
6.Acceptable engineering practices and local standards; and
7.The plat shall show building sites on each lot (except Super Pad(s)/Large Lot(s)) adjusted
to setback requirements.
8.The plat shall identify Super Pad(s)/Large Lot(s) and note that such Super Pad(s)/Large
Lot(s) are not buildable until replatted.
C.Procedure For Approval Of Final Plat:
1.Review By Administrator:
a.Acceptance: Upon receipt of the final plat, and compliance with all other
requirements as provided for herein, the administrator shall certify the application as
complete and shall affix the date of acceptance thereon.
ORDINANCE NO. 710 – Page 324
b.Resubmission Of Final Plat: The administrator shall review the final plat for
compliance with the approved or conditionally approved preliminary plat. If the
administrator determines that there is substantial difference in the final plat than that
which was approved as a preliminary plat or conditions which have not been met, the
administrator may require that the final plat be submitted to the commission and city
council in the same manner as required in the preliminary plat process.
c.Submission To The City Council: Upon the determination that the final plat is in
compliance with the preliminary plat and all conditional requirements have been met,
the administrator shall place the final plat on the city council agenda within forty five
(45) days from the date that an acceptable final plat application was received and
acknowledged by the administrator.
2.Agency Review: The administrator may transmit one (1) copy of the final plat, or other
documents submitted, for review and recommendation to the departments and agencies as
he deems necessary to ensure compliance with the preliminary approval and/or
conditions of preliminary approval. Such agency review shall also include the
construction standards of improvements, compliance with health standards, the cost
estimate for all improvements and the legal review of the performance bond.
3.City Council Action: The city council, at its next meeting following receipt of the
administrator's report, shall consider comments from concerned persons and agencies to
arrive at a decision on the final plat. The city council shall approve, approve
conditionally, disapprove or table the final plat for additional information within thirty
(30) days of the date of the first regular meeting at which the plat is considered. A copy
of the approved plat shall be filed with the administrator. Upon granting or denying the
final plat, the city council shall specify:
a.The ordinance and standards used in evaluating the application;
b.The reasons for approval or denial; and
c.The actions, if any, that the applicant could take to obtain a permit.
D.Conditional Approval Of Final Plat: With respect to financial assurance to be provided to the
city, the approval of all final subdivision plats shall be conditioned on the accomplishment of
one of the following:
1.The construction of improvements required by Chapter 13 of this Title 11A shall have
been completed by the subdivider (except for Super Pad(s)/Large Lot(s) and approved by
the city council; or
ORDINANCE NO. 710 – Page 325
2.Financial assurance acceptable to the city council shall have been filed in the form of a
cash deposit, certified check, or irrevocable bank letter of credit.
E.Approval Period: The final plat shall be filed with the county recorder within one (1) year
after the date of written approval by the city council. Otherwise such approval shall become
null and void unless the subdivider, prior to said expiration date, applies for an extension of
time and such extension is granted by the city council.
1.A minimum twelve (12) month extension of the time limit of the approved final plat may
be granted by the city council, at its sole discretion, if the following findings are made:
a.There are no outstanding Title 11 or plat approval violations on the subject property.
If such violations exist, they may be conditioned by the city council to be cured as a
condition of the extension of time;
b.The final plat, as previously approved, remains in the best interests of the health,
safety, and general welfare of the city;
c.There have been no significant changes to this Chapter 12 between the date of final
plat approval and the application date of the time extension request that would require
substantial modifications to the project;
d.There are no hazardous conditions which have developed or have been discovered on
the project site;
e.The public facilities and services required for the project remain adequate;
f.The applicant has provided a viable and acceptable plan which demonstrates how
recordation of the final plat will occur within the year; and
g.The applicant has provided a schedule that depicts the anticipated progress for
completion of the final plat within the year.
2.The city council reserves the right to revoke the extension of time approval if it finds that
any of the criteria herein are not met.
3.This chapter does not limit the number of extensions the city council may grant to an
applicant so long as the criteria set forth in subchapter E.1 of this chapter are met.
Nothing in this chapter requires the city council to grant any extension of an approval
period.
ORDINANCE NO. 710 – Page 326
F.Required Certificates: The following certifications and signatures shall be included on the
final plat prior to recording by the county recorder:
1.Certification and signature of the city council verifying that the subdivision has been
approved;
2.Certification and signature of the city clerk and the city engineer verifying that the
subdivision meets the requirements of the city and has been approved by the city council;
and
3.Certification of the sanitation restriction on the face of the plat in accordance with the
provisions of chapter 50-1326, Idaho Code.
G.Record Of Final Plat: Upon approval of the final plat by the city council, the subdivider's
prepayment of recording fees, posting of financial assurance with the city pursuant to
subchapter D of this chapter, and the inclusion of those certifications and signatures on the
final plat as set forth in subchapter F of this chapter, the subdivider shall furnish proof to the
administrator that the final plat has been recorded.
11A-13B-5: FEES:
At the time of submission of an application for a preliminary plat, planned unit development
preliminary development plan, and final plat, a fee, as established in the official fee schedule of
the city, shall be paid. There shall be no additional fee for the combining of the preliminary and
final plats and there shall be no fee for a pre-application.
11A-13B-6: RECORD OF LOT; PLAT APPROVAL:
No final plat shall be filed with the county recorder or improvements made on the property
except for grading pursuant to the Grading Guidelines and Hillside Development Standards until
the plat has been acted upon and approved by the city council.
11A-13B-7: SALE OF LOT; PLAT TO BE RECORDED:
ORDINANCE NO. 710 – Page 327
No lots shall be sold using a lot and block legal description until the plat has been recorded in the
office of the county recorder.
11A-13B-8: PARCEL DIVISION:
Any time that an original parcel of land is divided or partitioned into not more than two (2)
parcels, thereby creating an additional parcel for the transfer of ownership or development, the
following application process and procedures shall be followed:
A.Application: An application for parcel division on a form provided by the zoning
administrator shall be submitted to the zoning administrator and shall contain, at a
minimum, the following information:
1.Name, address, telephone number of the applicant.
2.Legal description of property and proof of ownership or agency.
3.Description of existing use.
4.Zoning district.
5.Description of parcels after proposed division.
6.Description of proposed use.
7.Documentation of the permission of the owner of the parcel to be divided.
B.Procedure: Prior to approving an application under this chapter, the city council shall
make the following findings:
1.The minimum requirements under this Title 11A for acreage, density, lot area and
setback lines have been complied with;
2.The proposed parcel division is in conformity with the applicable PUMP; and
3.The proposed parcel division is in the public interest and will not adversely impact
adjoining property interests.
ORDINANCE NO. 710 – Page 328
C.Notice: Within ten (10) days after a decision has been rendered, the administrator shall
provide the applicant with written notice of the action on the request.
ORDINANCE NO. 710 – Page 329
TITLE C
DESIGN STANDARDS
11A-13C-1: MINIMUM STANDARDS REQUIRED:
11A-13C-2: STREETS AND ALLEYS:
11A-13C-2-1: LOCATION AND DESIGN:
11A-13C-2-2: STREET WIDTHS:
11A-13C-2-3: INTERSECTIONS:
11A-13C-2-4: STREET NAMES:
11A-13C-2-5: PRIVATE STREETS:
11A-13C-3: PEDESTRIAN WALKWAYS:
11A-13C-4: EASEMENTS:
11A-13C-5: PLANTING STRIPS AND RESERVE STRIPS:
11A-13C-6: PUBLIC SITES AND OPEN SPACES:
11A-13C-7: WATER SYSTEM:
11A-13C-8: FENCES:
11A-13C-1: MINIMUM STANDARDS REQUIRED:
All plats submitted pursuant to the provisions of Chapter 13 of this Title 11A, and all
subdivisions, improvements and facilities done, constructed or made in accordance with said
provisions shall comply with the minimum design standards set forth in this Title C; provided,
however, that any higher standards adopted by any highway district, the Idaho transportation
department or health agency shall prevail over those set forth herein.
11A-12C-2: STREETS AND ALLEYS:
11A-12C-2-1: LOCATION AND DESIGN:
ORDINANCE NO. 710 – Page 330
Street and road location and design shall conform to the following standards:
A.Street Location And Arrangements: When an official street plan or comprehensive
development plan has been adopted, streets within a subdivision shall conform to such
approved plans including ACHD, PUMP or Spring Valley Master Streets & Circulation
Plan.
B.Minor Streets: Minor streets shall be so arranged as to discourage their use by through
traffic.
C.Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to
make provisions for the future extension of said streets into adjacent areas, and shall have
a cul-de-sac or temporary cul-de-sac if stub street is longer than 150 feet in length. A
reserve street may be required and held in public ownership.
D.Relation To Topography: Streets shall be arranged in proper relation to topography so as
to result in usable lots, safe streets and acceptable gradients.
E.Public Alleys: Public alleys shall be provided in multiple dwelling or commercial
subdivisions unless other provisions are made for service access and off street loading
and parking. Dead end public alleys shall be prohibited in all cases.
F.Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be
required that there be frontage roads approximately parallel to and on each side of such
arterial street; or, such other treatment as is necessary for the adequate protection of
residential properties and to separate through traffic from local traffic.
G.Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five thousand feet (5,000')
in length and shall terminate with an adequate circular turnaround having a minimum
radius of fifty feet (50') of right of way including a landscape island with a minimum
radius of ten feet (10'). A minimum of thirty feet (30') of pavement shall be provided
between the landscape island and the outside edge of the street as measured from the face
of curb of the island to the face of curb located on the outside edge of the street. One
traffic control sign stating that on street parking is prohibited within the turnaround shall
be installed at the entrance of the turnaround on the driver's side of the street. All cul-de-
sac streets shall include bulb-outs every seven hundred fifty feet (750’) to allow for
ORDINANCE NO. 710 – Page 331
emergency vehicles to turn around. No more than forty (40) lots shall be located on any
cul-de-sac street between bulb-outs or beyond the final bulb-out. Exceptions to the
requirements set forth in this paragraph may be considered by the City Council if
approved by the fire department and the highway district having jurisdiction.
H.Half Streets: Half streets shall be prohibited except where unusual circumstances make
such necessary to the reasonable development of a tract in conformance with Chapter 13
of this Title 11A and where satisfactory assurance for dedication of the remaining part of
the street is provided. Whenever a tract to be subdivided borders on an existing half or
partial street, the other part of the street shall be dedicated within such tract.
I.Driveways: Driveways shall provide access to no more than three (3)
dwellings. Driveways providing access to a maximum of eight (8) Single Family Special
Lot units, Title 11A, Chapter 2, may be permitted providing that the total driveway length
does not exceed one hundred fifty (150) feet and review and approval has been received
from emergency service providers for the specific location and configuration.
11A-13C-2-2: STREET WIDTHS:
A.Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted major street plan or applicable PUMP and shall be approved by the Ada County
Highway District and/or other agency having jurisdiction.
B.Notwithstanding subchapter A of this chapter, access from a frontage road onto an
arterial street shall be limited to one thousand five hundred feet (1,500') between points.
11A-13C-2-3: INTERSECTIONS:
Intersections shall conform to the following standards:
A.Angle Of Intersection: Angles of street and driveway intersections shall be approved by
the highway district having jurisdiction.
B.Sight Triangles: Minimum clear sight distance at all street and driveway intersections
shall be approved by the highway district having jurisdiction.
ORDINANCE NO. 710 – Page 332
C.Number Of Streets: No more than two (2) streets shall cross at any one intersection.
11A-13C-2-4: STREET NAMES:
The naming of streets shall conform to the following standards:
A.A street name shall not duplicate any existing street name within the county except where a
new street is a continuation of an existing street. Street names that may be spelled differently
but sound the same as existing street names shall not be used.
B.All new streets shall be named as follows:
1.Streets having a predominately north-south direction shall be named "avenue", except for
chapter line streets which shall be named "road".
2.Streets having a predominately east-west direction shall be named "street", except for
chapter line streets which shall be named "road".
3.Meandering streets having a predominately north-south direction shall be named "way".
4.Meandering streets having a predominately east-west direction shall be named "drive".
5.Cul-de-sacs having a predominately north-south direction shall be named "place".
6.Cul-de-sacs having a predominately east-west direction shall be named "court".
11A-13C-2-5: PRIVATE STREETS:
Private streets may be permitted, subject to the following:
A.Compliance: Spring Valley shall have the right to utilize private streets to provide access to
no more than twenty percent (20%) of the lots within Spring Valley provided the City
ORDINANCE NO. 710 – Page 333
Council determines that the private streets are in compliance with each of the following
standards:
a.The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
b.The private streets shall provide adequate access for service and emergency vehicles.
c.The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
d.The private streets do not landlock adjacent property due to topography or parcel layout.
e.Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street.
f.The use or alignment of the private streets does not interfere with the continuity of public
streets.
g.An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B.Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1.All private street construction shall be in accordance with Ada County Highway District's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the City Engineer
and approved by the City Council, and shall further be in accordance with Ada County
Highway District's intersection design and drainage requirements, or as may be
recommended by the City Engineer and approved by the City Council.
2.Sidewalks shall be required in accordance with subchapter 11A-13D-1-6F of this Title.
3.Vertical curb shall be constructed on all arterial streets and on all collector streets that do
not have front on housing.
ORDINANCE NO. 710 – Page 334
4.The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to, designated parking and "no parking" areas, speed, stop, and such other signs as
are required for safe pedestrian and vehicle travel.
5.All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this chapter, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and approval
by the city engineer.
6.Private streets shall directly or indirectly connect to a public right of way. Dead end
private streets shall terminate in a public right of way, at one of the following approved
turnaround areas:
a.A cul-de-sac designed in accordance with the provisions of subchapter 11A-13C-2-
1G of this Title and subject to the approval of the Eagle Fire District and city engineer
and provided further that proper maintenance of the island is provided for;
b.A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
Fire District and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle Fire District, city
engineer, and city council.
d. The configuration of the streets and/or gating does not impede reasonable access to
lands identified as public open space and/or lands with public easements.
7.The design of all private streets and related storm drainage facilities shall be prepared by
a licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this chapter shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8.If any provision of this chapter is found to be in conflict with any other applicable
provision of Chapter 13 of this Title 11A, the provision which establishes the higher
ORDINANCE NO. 710 – Page 335
and/or more restrictive standard shall prevail, unless specifically determined otherwise by
the city council.
C.Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1.A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2.The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a.Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b.Provide that such perpetual easement shall run with the land; and
c.Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3.A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
maintenance of the private street in accordance with the approved plan as provided for in
subchapter C.1 of this chapter. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4.The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance with
the provisions of this chapter to undertake such repair and maintenance activities as it
may determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be
ORDINANCE NO. 710 – Page 336
deemed to have agreed to comply with any such order and to reimburse the city all of its
costs, including attorney fees, incurred in obtaining or enforcing any such order. Any
order entered by the council pursuant to this subchapter may be enforced by a court of
competent jurisdiction and the city shall be enTitled to recover its costs and attorney fees
incurred in connection therewith.
D.Conformity To Applicable PUMP: All private streets shall, in all respects, conform to all
applicable PUMPs.
11A-13C-3: PEDESTRIAN WALKWAYS:
Right of way for pedestrian walkways in the middle of long blocks may be required where
necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The
pedestrian easement shall be at least ten feet (10') wide.
11A-13C-4 EASEMENTS:
A. Unobstructed utility easements, where required, shall be provided along front lot lines, rear
lot lines and/or side lot lines not to exceed the required building setbacks.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement alongside lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the plat.
C. All natural drainage courses shall be left undisturbed or be improved in a manner which will
improve the hydraulics and ease of maintenance of the channel.
11A-13C-5: PLANTING STRIPS AND RESERVE STRIPS:
Planting strips and reserve strips shall conform to the following standards:
ORDINANCE NO. 710 – Page 337
A.Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next
to incompatible features such as highways, commercial or industrial uses to screen the view
from residential properties and to provide noise mitigation for those residents. Such planting
strips/buffer areas shall be as required by Chapter 3 of this Title 11A. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with all
landscape/buffer area requirements within Chapter 3 of this Title 11A.
B.Reserve Strips:
1.Private Reserve Strips: Privately held reserve strip access to streets shall be prohibited.
2. Public Reserve Strips: A one foot (1') reserve may be required to be placed along half
streets which are within the subdivision boundaries and shall be deeded in fee simple to
the applicable highway authority for future street widening.
11A-13C-6: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following standards:
A. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots and
similar irreplaceable assets) shall be preserved in the design of the subdivision.
B. Open Space: The minimum amount of open space that must be set aside for open space
within Spring Valley shall comply with Chapter 3 of this Title 11A. The minimum amount
of open space in all single family residential subdivisions (except for the RR and ER land
use districts) shall be six hundred (600) square feet per lot,
The minimum amount of Open Space within any PUMP shall be fifteen percent (15%) of
the total gross acres of the PUMP. No plat shall be approved within any Planning Area if,
with the approval of such plat, the platted and unplatted Open Space in the PUMP would fall
below fifteen percent (15%) of the total gross acres of the PUMP.
ORDINANCE NO. 710 – Page 338
Plats may be denied if the City finds the applicant is unable to show that fifty percent (50%)
of all dwelling units in the Planning Area, sixty-five percent (65%) of all single-family
detached lots less than five thousand (5,000) square feet in the Planning Area, and fifty
percent (50%) of all single-family detached lots less than eight thousand (8,000) square feet
in the Planning Area, will abut some form of Open Space.
If a plat contains Community Park(s), as defined in the PADA, any Community Park shall
contain a minimum of eight (8) acres of active and passive Open Space. If a plat contains
Neighborhood Park(s), as defined in the PADA, any Neighborhood Park shall contain a
minimum of three (3) acres of active and passive Open Space.
C.Ownership And Management Of Open Space:
a.Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have
lien authority to ensure the collection of dues from all members. The responsibility
for maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities (plan) that:
(1)Allocates responsibility and guidelines for the maintenance and operation of
the open space and any facilities located thereon, including provisions for
ongoing maintenance and for long term capital improvements;
(2)Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by
which such funding will be obtained or provided;
(3)Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
ORDINANCE NO. 710 – Page 339
c. Temporary Maintenance By City; Corrective Action: In the event the party
responsible for maintenance of the open space fails to maintain all or any portion in
reasonable order and condition, the city of Eagle may assume temporary
responsibility for its maintenance and may enter the premises and take corrective
action, including the provision of extended maintenance. The costs of such
maintenance shall be charged to the owner, homeowners' association, or to the
individual property owners that make up the homeowners' association, and may
include administrative costs and penalties. Such costs shall become a lien on all
subdivision properties. The exercise by the city of Eagle of its right to assume
temporary maintenance responsibility to take corrective action shall not relieve the
property owner of their maintenance responsibility nor should it be construed as the
city assuming permanent responsibility for such maintenance.
11A-13C-7: WATER SYSTEM:
The provision of a public water system shall conform to the following standards:
A.All subdivisions within the Eagle city water service area shall comply with Title 6,
Chapter 5 of Eagle City code.
11A-13C-8: FENCES:
Any fencing located adjacent to Open Spaces and on the street side of all corner lots shall be an
open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required
in Chapter 3 of this Title 11A. Chainlink, cedar, and similar high maintenance and/or unsightly
fencing shall not be permitted within the above designated areas. A chapter within the
subdivision CC&Rs shall be created for the regulation of fences to this effect.
ORDINANCE NO. 710 – Page 340
TITLE D
REQUIRED IMPROVEMENTS
11A-13D-1: IMPROVEMENTS REQUIRED:
11A-13D-1-1: MONUMENTS:
11A-13D-1-2: STREETS AND ALLEYS:
11A-13D-1-3: CURBS AND GUTTERS:
11A-13D-1-4: STREET SIGNS:
11A-13D-1-5: STREETLIGHTS:
11A-13D-1-6: PEDESTRIAN/BICYCLE PATHWAY AND SIDEWALK REGULATIONS:
11A-13D-1-7: BICYCLE PATHWAYS:
11A-13D-1-8: UNDERGROUND UTILITIES:
11A-13D-1-9: WATER SUPPLY AND SEWER SYSTEMS:
11A-13D-1-10: STORM DRAINAGE; FLOOD CONTROLS:
11A-13D-1-11: FIRE HYDRANTS AND WATER MAINS:
11A-13D-1-12: LANDSCAPE BUFFER AREAS:
11A-13D-2: CONSTRUCTION OF IMPROVEMENTS:
11A-13D-2-1: CONSTRUCTION PLANS:
11A-13D-2-2: GUARANTEE OF IMPROVEMENTS:
11A-13D-2-3: INSPECTIONS:
11A-13D-2-4: FAILURE TO COMPLETE PUBLIC IMPROVEMENT
CONSTRUCTION:
11A-13D-1: IMPROVEMENTS REQUIRED:
Every subdivider shall be required to install the following public and other improvements in
accordance with the following conditions and specifications.
ORDINANCE NO. 710 – Page 341
11A-13D-1-1: MONUMENTS:
Monuments shall be set in accordance with Chapter 50-1303, Idaho Code.
11A-13D-1-2: STREETS AND ALLEYS:
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County Highway District or the Idaho Transportation
Department, whichever the case may be.
11A-13D-1-3: CURBS AND GUTTERS:
A.Generally:
1.Vertical curbs and gutters shall be constructed on collector and arterial streets.
2.Rolled curbs and gutters, or other treatments acceptable to ACHD, may be required on
minor streets.
3. All construction shall be in accordance with the standards and specifications adopted
by the Ada County Highway District.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada
County Highway District or the Idaho transportation department.
11A-13D-1-4: STREET SIGNS:
Street name signs shall be installed in the appropriate locations at each street in accordance with
the local standards. A per street sign fee shall be paid by the subdivider.
11A-13D-1-5: STREETLIGHTS:
ORDINANCE NO. 710 – Page 342
The Developer or subdividers within Spring Valley shall be required to install, at the
Developer’s or subdivider’s expense, streetlights that are not the obligation of ACHD in
accordance with specifications and standards set by Chapter 3 of this Title 11A and at locations
designated by the Administrator. After installation and acceptance by the Administrator, the
homeowners’ association shall pay the cost of maintenance and power and assume ownership of
the streetlights that are not the obligation of ACHD.
11A-13D-1-6: PEDESTRIAN/BICYCLE PATHWAY AND SIDEWALK REGULATIONS:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the transportation/pathway network
maps within the Spring Valley Master Parks, Trails and Open Space Plan, pathway design
as it relates to both crime prevention and function, and the responsibilities of ownership,
maintenance, and liability.
B.Location:
1.The city shall require the creation and maintenance of pathways (except in cases where
it is shown to be inappropriate), that provide access to adjacent:
a.Schools;
b.Public parks;
c. Adopted pathway elements within the Spring Valley Master Parks, Trails and Open
Space Plan ;
d.Neighborhoods;
e.Shopping areas;
f.Public lands;
ORDINANCE NO. 710 – Page 343
g.Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s) to the above
noted sites; and
h. In similar cases where deemed appropriate.
In addition, pathways may be required to connect sites other than those noted above when there
is evidence that a pedestrian/cyclist would otherwise be forced to travel alongside a designated
arterial roadway, or other roadway that may be hazardous for nonmotorized forms of travel, in
order to reach the desired destination, or
C.Existing Neighborhoods: The placement of a path will be based upon consideration of
current residents of a neighborhood as well as future residents. Based upon the following, the
city may choose to acquire a pathway in existing neighborhoods when:
1.The pathway would provide access to a major pathway element such as the Boise River
greenbelt.
2.The pathway would provide access to a nearby school or park.
3.A substantial lack of motorized access exists in the given area.
4.No alternative pathway is provided.
5. The pathway connects to adjacent subdivision pathways.
D.Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1.Paved pathways: Neighborhood pathways within subdivisions which are designed for
primary use by the residents of the subdivision shall be a minimum four feet (4') wide
and shall be located within a minimum sixteen foot (16') wide pedestrian access
easement. Community pathways within Spring Valley that are designed for primary use
by residents, workers and visitors in Spring Valley shall be a minimum of five feet (5’)
wide and shall be located within a minimum of sixteen foot (16’) wide pedestrian access
easement. Regional pathways such as the within the Big Gulch Regional Park and
pathways located adjacent to major roadways shall be a minimum eight feet (8') to ten
ORDINANCE NO. 710 – Page 344
feet (10’) wide and shall be located within a minimum twenty foot (20') wide pedestrian
access easement.
2.Unpaved or soft pathways: Neighborhood pathways widths within subdivisions may
range from four feet (4’) to six feet (6’) and be located within a minimum sixteen foot
(16’) wide access easement. Community pathways within the community at large may
range from five feet (5’) to six feet (6’) and be located within a minimum sixteen foot
(16’) wide access easement. Regional trails are those trails along highly trafficked
corridors or with access to or from major trailheads and shall be a minimum six feet (6’)
to eight feet (8’) wide and shall be located within a minimum twenty foot (20’) wide
pedestrian access easement.
3.Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
4.A minimum five foot (5') wide landscaped area/building and fence setback, as measured
from both edges of the path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet (2') wide (as measured from the edge of asphalt to the easement
line) when used in conjunction with a meandering pathway, however, the total width of
the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path
and 8 feet on the other). For safety purposes, planting material in this area is limited to
three feet (3') in height. The landscape, fence and building regulations for this area shall
be indicated by a note on the plat.
5.The official design standards for pathways set forth in the following manuals are to be
used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the "Design
Guide For Accessible Outdoor Recreation", and the "Guide For The Development Of
Bicycle Facilities", or other nationally recognized design standards.
6.A root barrier shall be placed along the side of the paved pathways when trees are planted
within five feet (5’) for Class 1 and III trees and four feet (4’) for Class II trees of a paved
pathway to prohibit tree roots from damaging the pathway surface. The root barrier shall
consist of black injection molded panels with a minimum of 0.085 inch wall thickness in
modules a minimum of twenty-four inches (24") long by twenty-four inches (24") deep.
Each panel shall have no less than four (4) vertical deflecting ribs of a minimum 0.085
1
inch thickness protruding one-half inch (/") at ninety degrees (90°) from the interior of
2
the panel, spaced six inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each
between the vertical ribs, shall be integrated into each panel, measuring a minimum of
3
0.085 inch thickness and protruding three-eighths inch (/") from the panel wall. An
8
integrated joining system shall be employed for instant assembly by sliding one panel
into the other. An alternative type barrier system of equal root penetrative resistance may
be considered on a case by case basis, subject to the approval of the zoning administrator.
ORDINANCE NO. 710 – Page 345
7. In order to design for crime prevention, the following design standards will be followed:
a.The use of "see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. View walls consisting of
part wall (one half the height or less of the barrier) and part fence are also acceptable.
Solid fencing is discouraged.
b.Adequate lighting along regional trails may be provided per Chapter 3 of this
Title 11A, as determined by Eagle city council and may be owned and maintained by
the city of Eagle once the path is turned over to the city for maintenance.
c. The use of sharp corners and curves in the design of the paved paths is discouraged.
8. Consideration shall be given to off street parking where paths connect to popular
destination points and nearby streets may become congested with vehicles parked by
pathway users. Where pathway links connect to major public open space that require
vehicular parking, the council may request the developer to designate land to be
purchased and maintained by the appropriate public authority for public parking.
Buffering of surrounding residential uses shall be considered in the area for purchase.
E.Responsibility: The following provisions are intended to provide guidance to those entities
that are responsible for construction, maintenance and/or liability for a pathway. Installation
costs, which may include construction of the pathways, are the responsibility of the
developer. Regional pathway construction costs are eligible for park impact fee credit.
1.Homeowners' Association:
a.Pathway systems, such as neighborhood and community pathways, within a proposed
subdivision providing access to private common space and/or other amenities that are
used solely by the residents of a subdivision shall be the responsibility of the
homeowners' association.
b. Where the residents of a subdivision will be the primary beneficiaries of a pathway,
and travel from adjoining neighborhoods will be minimal, a homeowners' association
may be required to take responsibility for that path.
ORDINANCE NO. 710 – Page 346
2. City of Eagle: When location, length and design of a path have been agreed upon by the
city of Eagle and the developer, the city may accept maintenance and liability for the
pathway as designated in the Spring Valley Master Parks, Trails and Open Space Plan, so
long as the pathway is in good condition and repair.
F.Sidewalk Design:
1.Sidewalks: An attached or detached sidewalk, a minimum five feet (5') wide, shall be
required on both sides of the street, except as provided herein. Sidewalks may be
eliminated on one or both sides of the street in hillside areas to minimize topographic
impacts and grading. Sidewalks on only one side of the street may also be allowed in the
following conditions:
a. The average width of lots, as measured at the street frontage line or at the building
setback line, is over one hundred fifty feet (150').
b. Within ER and RR neighborhoods.
c. On single-loaded streets (that is, streets with lot access on only one side of the
street).
d. Sidewalks may be eliminated on both sides of a local street under the following
conditions and in compliance with Ada County Highway District standards. The
applicant shall show a means of alternative pedestrian movement in the area:
(i) When the existing slope of the hillside exceeds eighteen (18) percent.
(ii) When lots exceed an average of five (5) acres in size within a plat.
11A-13D-1-7: BICYCLE PATHWAYS:
A bicycle pathway system shall be provided within all subdivisions as part of the public right of
way, within Open Space, or separate easement, as may be specified by the city council.
11A-13D-1-8: UNDERGROUND UTILITIES:
Underground utilities are required.
11A-13D-1-9: WATER SUPPLY AND SEWER SYSTEMS:
ORDINANCE NO. 710 – Page 347
A.Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. The Developer is constructing a new City-owned public
water supply system and a new sewer systems in Spring Valley The City shall be the
exclusive municipal supplier of water to the lands within the Spring Valley development.
The City may allow connection to the City-owned water system in Spring Valley if it is
deemed to be in the best interest of the City.
B.Approval Of Plans: All water and sewer plans shall be submitted to the Idaho department of
health and welfare or its authorized agent for approval in accordance with the provisions of
chapter 50-1326, Idaho Code.
C.Pressurized Irrigation Facilities:
1. Irrigation water for all residential dwelling units shall be provided with water
from the municipal system or from available surface water, as outlined herein.
Plans and documents completed in accordance to the required standards and
regulations shall be submitted with the application for a preliminary plat in
accordance with the Spring Valley Irrigation and Reuse Master Plan and in
accordance with the adopted supplemental standards and regulations (Titled
“Pressure Irrigation Standards, incorporated herein by reference).
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized
irrigation system. These standards shall supplement all other regulations, and
where at variance with other laws, regulations, ordinances or resolutions, the
more restrictive requirements shall apply. The city council may determine that
revisions to the supplemental standards are warranted and make such revisions
by act of a resolution.
a. When surface water is available, the developer shall install a separate pressure
irrigation system in accordance with the “Pressure Irrigation Standards” and
the “Spring Valley Irrigation and Reuse Master Plan:. If no surface water is
available, the developer may be granted a waiver to install individual irrigation
connections to the municipal system.
b. A separate pressurized irrigation system that utilizes surface or reuse waters
shall be designed by a licensed professional engineer registered in the state of
Idaho, and the construction plans for the system shall be reviewed and
approved by the City Engineer. The design shall conform to the “Pressurized
ORDINANCE NO. 710 – Page 348
Irrigation Standards” for the City of Eagle.
c. Development areas that are not provided with a separate pressured irrigation
system shall be provided with a connection to the potable water system with
the approval of the City, City Engineer, and the potable water purveyor. The
following standards shall apply to individual irrigation connections to the
potable water system.
1. The installation of a DEQ approved reduced pressure backflow (RPB)
prevention assembly or an air gap separating the irrigation system and
the potable water system will be required on the property side of the
domestic water meter.
2. The RPB prevention assembly shall be installed, owned, and
maintained by the property owner. Failure to properly maintain the
RPB will result in a shutoff of municipal water supply to the property
until fully mitigated in accordance with City shutoff policy.
3. The RPB shall be installed within 5 feet of the City water meter and
shall be accessible to City staff.
4. The property owner shall have the RPB inspected by an appropriately
licensed inspector and in accordance with State requirements annually
and shall provide the results of a passing inspection to the City. Failure
to complete the required inspection will result in a shutoff of water
service until completed.
5. The City may assess a monthly service fee as part of the water bill to
cover costs associated with the testing and monitoring of the RPB
prevention assembly and administration of the City’s cross connection
control policy.
d. Irrigation water may consist of a combination of surface water, treated
effluent, and ground water as identified within the Spring Valley Irrigation and
Reuse Master Plan.
2. All development which is required to be served by a separate pressurized
irrigation system must be constructed, operated, and maintained in accordance
with this chapter and in accordance with the approved Spring Valley Irrigation
and Reuse Master Plan that may be amended from time to time. The Spring
Valley irrigation system shall be served by a Permit to Appropriate Water
issued by the State of Idaho Department of Water Resources (Permit No. 63-
ORDINANCE NO. 710 – Page 349
32573) or other acquired water rights, surface water, or treated effluent in
accordance with the Spring Valley Irrigation and Reuse Master Plan that may
be amended from time to time.
11A-13D-1-10: STORM DRAINAGE; FLOOD CONTROLS:
A.Adequate Storm Drainage System: An adequate storm drainage system to accommodate
storm water runoff from the public rights of way shall be required in all subdivisions. The
requirements for each particular subdivision shall be established by the Ada County
Highway District and/or the Idaho Transportation Department, and construction shall
follow the specifications and procedures established by said Ada County Highway
District or Idaho Transportation Department.
B.Interceptor Ditches: Interceptor ditches shall be established above all cut/fill slopes, and
the intercepted water conveyed to a stable channel or natural drainageway with adequate
capacity.
C.Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall be such that
water on roadways is prevented from flowing off the roadway.
D.Natural Drainageway Treatment: Natural drainageways shall be riprapped or otherwise
stabilized below drainage and culvert discharge points for a distance sufficient to convey
the discharge without channel erosion.
E.Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover
(for example, roofs, driveways and roads) shall be collected and transported to a natural
drainageway with sufficient capacity to accept the discharge without undue erosion.
F.Deposit Of Waste Material Prohibited: Waste material from construction, including soil
and other solid materials, shall not be deposited within the 100-year floodplain.
G.Drainageways Or Hydraulic Structures In Major Waterways: Drainageways or hydraulic
structures in major waterways (defined as draining a basin area of 10 acres or more) shall
be designed for the 100-year flood or to accommodate the runoff projected in the soil
conservation service hydrology guide for residential development of the Boise front,
whichever is greater. In minor waterways (defined as draining a basin area of less than 10
acres), such structures shall be designed for the 50-year flood or to accommodate the
runoff projected in the soil conservation service hydrology guide for residential
development of the Boise front, whichever is greater.
H.Storm Drainage Retention Facilities: Storm drainage retention facilities consistent with
the Spring Valley Master Drainage Plan and the conditional letter of map revision issued
ORDINANCE NO. 710 – Page 350
by FEMA, as may be amended from time to time, shall be designed in connection with
the final plat and implemented with a flow control system that achieves the following
objectives: (1) minimize downstream impacts by not increasing pre-development flows
from land development activities; and (2) accommodate pre-development flows from
upstream land by providing adequate conveyance facilities through the project site; 3)
designed in accordance with the Eagle Drainage Standards and consistent with the Spring
Valley Master Drainage Plan as approved by the City; and 4) provide a mechanism to
insure that all facilities shall be maintained on an ongoing basis in order to perform as
designed. As part of construction drawings, a stormwater drainage plan shall be
developed and approved by the City Engineer that promotes each of these objectives.
I.Sediment retention facilities: These facilities shall be constructed and maintained
downstream from development consistent with best management practices. Any such
facility used shall provide for the removal of surface debris and contaminants, as well as
sediment retention.
J.Completion And Operation Deadline: The overall drainage system shall be completed
and made operational at the earliest possible time during construction.
K.Alterations Of Major Drainageways: Alterations of major drainageways shall be
prohibited except for approved road crossings and drainage structures or as provided for
in Title 10 of this Code.
L.Natural Or Improved Open Channel Drainageways: Natural or improved open channel
drainageways shall be preserved or provided for in major waterways; except, that at road
crossings, conduits may be permitted. Minor waterways shall be permitted to be enclosed
in conduits.
M.Reservation Of Right To Require: The City reserves the right to require installation of
hydrologic measuring devices in drainageways within any development at public
expense.
N.Drainage System Plans: Drainage system plans shall show how lots will be graded so that
all runoff runs either over the curb, or to a drainage easement, and that no runoff shall
cross any lot line onto another lot except within a drainage easement.
11A-13D-1-11: FIRE HYDRANTS AND WATER MAINS:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
ORDINANCE NO. 710 – Page 351
11A-13D-1-12: LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with Chapter 3 of this Title 11A, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, or other features. Subdivision plats shall show the location of
all buffer areas.
11A-13D-2: CONSTRUCTION OF IMPROVEMENTS:
Required improvements are those improvements subject to city regulation and approvals as
required in Title 11A, Chapter 13.
11A-13D-2-1: CONSTRUCTION PLANS:
It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by
a registered engineer a complete set of construction plans, including profiles, cross chapter,
specifications and other supporting data, for all required public streets, utilities and other
facilities. Such construction plans shall be based on preliminary plans which have been approved
with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction
plans are subject to approval by the responsible public agencies and all construction plans shall
be prepared in accordance with the public agencies' standards or specifications.
11A-13D-2-2: GUARANTEE OF IMPROVEMENTS:
In lieu of the actual installation of the “required improvements” prior to the city clerk signing the
final plat, the city council may permit the subdivider to provide a surety/financial guarantee of
performance in one or a combination of the following arrangements for those requirements
which are over and beyond the requirements of any other agency responsible for the
administration, operation and maintenance of the applicable public improvement:
A.Cash Deposit, Certified Check, Certificate Of Deposit, Or Irrevocable Bank Letter Of
Credit: A cash deposit, certified check, certificate of deposit, or an irrevocable bank letter
of credit, in the amount equal to one hundred fifty percent (150%) of the estimated
construction costs of the “required improvements” contained within the final plat or
public right-of-way shall be provided by the owner/developer and held by the city until
said construction is complete. Surety bonds shall only be accepted upon written approval
of the City Attorney and City Council. Construction cost estimates for the “required
improvements” contained within a final plat or public right of way shall be reviewed and
approved by the city zoning administrator prior to city acceptance of said surety. The
surety initiation and extension fees shall be established by resolution of the city council.
In the case of cash deposits or certified checks, the subdivider may provide for
progressive payment out of the cash deposit or reduction of the certified check, to the
extent of the cost of the completed portion of the “required improvement”, in accordance
with a previously entered into agreement. In the case of a certificate of deposit or an
ORDINANCE NO. 710 – Page 352
irrevocable bank letter of credit, the surety shall be reduced accordingly as construction
of the “requirement improvements” subject to such surety is completed. Within thirty
(30) days from the city’s approval of any such “required improvement”, the city shall
release such surety, in whole or part, as may be appropriate under the circumstances.
B.Completion Time: All “required improvements” shall be completed within one (1) year
from the date of acceptance of the surety/financial guarantee of performance by the city
for a plat. The zoning administrator may authorize a delay in the completion of “required
improvements” during the months of November, December, January, February, and
March due to weather conditions, if at a minimum, the surety is extended for an amount
of time equal to the delay imposed by the zoning administrator. Notwithstanding the
foregoing, no final occupancy permit will be issued for any residence or business,
whichever is applicable, until the sidewalk, sod, automatic irrigation, and street trees
required in chapter 11-12D-1-6 have been installed along the frontage of the lot that said
residence/business is located upon, unless an acceptable form of financial assurance has
been tendered and approved by the city.
11A-13D-2-3: INSPECTIONS:
Before approving a final plat and construction plans and specifications for “required
improvements”, the city may require an agreement between the subdivider and the city council to
provide for checking or inspecting the construction and its conformity to the submitted plans.
11A-13D-2-4: FAILURE TO COMPLETE PUBLIC IMPROVEMENT
CONSTRUCTION:
In the event the subdivider shall, in any case, fail to complete such work within the period of
time as required by the conditions of the guarantee for the completion of “required
improvements”, it shall be the responsibility of the city council to proceed to have such work
completed. In order to accomplish this, the city council shall appropriate the cash deposit,
certified check, or irrevocable bank letter of credit, or may take such steps as may be necessary
to require performance by the surety company, and as may be included in a written agreement
between the city council and the subdivider.
ORDINANCE NO. 710 – Page 353
TITLE E
SPECIAL DEVELOPMENT SUBDIVISIONS
11A-13E-1: PURPOSE AND SUMMARY OF PROVISIONS:
11A-13E-2: SUPPLEMENTARY PROVISIONS:
11A-13E-3: HILLSIDE SUBDIVISIONS:
11A-13E-4: SUBDIVISION WITHIN A FLOODPLAIN:
11A-13E-5: SUBDIVISION WITHIN AN AREA OF CRITICAL CONCERN:
11A-13E-6: CONDOMINIUM SUBDIVISIONS:
11A-13E-1: PURPOSE AND SUMMARY OF PROVISIONS:
The purpose of this Title E is to identify various types of developments that normally pose
special concerns to the elected officials when reviewing and acting upon subdivision requests.
This Title E outlines the plan submittal requirements and design standards that shall be taken into
consideration when acting on special developments.
11A-13E-2: SUPPLEMENTARY PROVISIONS:
The provisions of this Title E are in addition to the plan requirements, design standards and
improvement standards that are required by Titles B, C and D of Chapter 13 of this Title.
11A-13E-3: HILLSIDE SUBDIVISIONS:
All development in Spring Valley shall proceed in accordance with the Grading Guidelines and
Hillside Development Standards, dated June 25, 2009 and approved by city council on
November 24, 2009, as the same may be amended from time to time.
11A-13E-4: SUBDIVISION WITHIN A FLOODPLAIN:
In addition to the provisions of this Chapter 13 of Title 11A, any subdivision within the
designated floodplain of the city shall comply with all applicable provisions of the floodplain
regulations of the city as now in effect or as may hereafter be amended. Provided,
notwithstanding any provision in the applicable floodplain regulations, an alternate means of
compliance in connection with fill requirements will include the use of detention basin(s) and
channelization to offset the impacts of fill placed within an existing floodplain. Such detention
ORDINANCE NO. 710 – Page 354
basin(s) shall provide a sufficient amount of storage of stormwater runoff such that the post-
development flowrate will be no greater than the pre-development rate. In addition, the result of
the development and drainage improvements shall include a reduction in the existing flood
hazard boundaries through the CLOMR/ LOMR approval process from FEMA and the City of
Eagle.
11A-13E-6: CONDOMINIUM SUBDIVISIONS:
Any person desiring to create a condominium subdivision as herein defined and in accordance
with Title 55, Chapter 15, Idaho Code shall submit all necessary applications to the administrator
for review and approval.
ORDINANCE NO. 710 – Page 355
TITLE F
SUBDIVISION ADMINISTRATION AND ENFORCEMENT
11A-13F-1: ADMINISTRATION:
11A-13F-2: VACATIONS AND DEDICATIONS:
11A-13F-3: VARIANCES:
11A-13F-4: AMENDMENTS:
11A-13F-5: ENFORCEMENT AND PENALTIES:
11A-13F-6: APPEALS:
11A-13F-1: ADMINISTRATION:
The council shall appoint an administrator to carry out the provisions as herein specified and to
serve at the pleasure of the council. The administrator shall receive and process all subdivision
applications.
11A-13F-2: VACATIONS AND DEDICATIONS:
A.Application For Vacation Or Dedication: Any property owner desiring to vacate an existing
subdivision, public right of way or easement shall complete and file an application with the
administrator. These provisions shall not apply to the widening of any street which is shown
in the comprehensive plan, or the dedication of streets, rights of way or easements to be
shown on a recorded subdivision.
B.Administrative Action:
1.Action By Administrator: Upon receipt of the completed application, the administrator
shall affix the date of application acceptance thereon, shall place the application on the
agenda for consideration at the next regular meeting of the commission which is held not
less than fifteen (15) days after the date of acceptance.
2. Recommendation By Commission: The commission shall review the request and all
agency responses and within thirty (30) days of the meeting at which the issue was on the
agenda, shall make a recommendation to the city council for either approval, conditional
approval or denial.
3.Action By Council:
ORDINANCE NO. 710 – Page 356
a.Vacations: When considering an application for vacation procedures, the city council
shall establish a date for a public hearing and give such public notice as required by
law. The city council may approve, deny or modify the application. Whenever public
rights of way or lands are vacated, the city council shall provide adjacent property
owners with a quitclaim deed for the vacated rights of way in such proportions as are
prescribed by law.
b.Dedications: When considering an application for dedication procedures, the city
council may approve, deny or modify the application. When a dedication is approved,
the required street improvements shall be constructed or a bond furnished assuring the
construction prior to acceptance of the dedication. To complete the acceptance of any
dedication of land, the owner shall furnish to the city council a deed describing and
conveying such lands to be recorded with the county recorder.
c.Decision: The council shall review the request and all agency responses and
commission recommendation, and within thirty (30) days of the meeting at which the
issue was on the agenda either approve, conditionally approve or deny the request.
C.Dedication Of Streets: Within a proposed subdivision, arterial and collector streets, as shown
on the applicable PUMP, shall be dedicated to the public in all cases. In general all other
streets also shall be dedicated to public use.
11A-13F-3: VARIANCES:
A.Purpose: The commission may recommend to the city council a variance from the provisions
of Chapter 13 of this Title 11A on a finding that undue hardship results from the strict
compliance with specific provisions or requirements hereof or that application of such
provisions or requirements is impracticable.
B.Standards For Variances: No variance shall be favorably acted upon by the city council
unless there is a finding, upon recommendation by the commission, as a result of a public
hearing, that all of the following exist:
1.There are such special circumstances or conditions affecting the property that the strict
application of the provisions of Chapter 13 of this Title 11A would clearly be
impracticable or unreasonable. In such cases, the subdivider shall first state his reasons in
writing as to the specific provision or requirement involved.
2.Strict compliance with the requirements of Chapter 13 of this Title 11A would result in
extraordinary hardship to the subdivider because of unusual topography, other physical
conditions or other such conditions which are not self-inflicted, or that these conditions
would result in inhibiting the achievement of the objectives of Chapter 13 of this
Title 11A.
ORDINANCE NO. 710 – Page 357
3.The granting of the specified variance will not be detrimental to the public welfare or
injurious to other property in the area in which the property is situated.
4.Such variance will not violate the provisions of the Idaho Code.
5.Such variance will not have the effect of nullifying the interest and purpose of Chapter 13
of this Title 11A and the Spring Valley Master Plan.
11A-13F-5: ENFORCEMENT AND PENALTIES:
A.Enforcement:
1.No subdivision plat required by Chapter 13 of this Title 11A or the Idaho Code shall
be admitted to the public land records of Ada County or recorded by the county
recorder until such subdivision plat has received final approval of the city council.
2.No public board, agency, commission, official or other authority shall proceed with
the construction of or authorize the construction of any of the public improvements
required by Chapter 13 of this Title 11A until the final plat has received the approval
by the city council.
3.No permits for construction of any structure shall be issued on any parcel or lot until
it has been determined such parcel or lot meets the requirements of Chapter 13 of this
Title 11A.
4.The city attorney shall, in addition to taking whatever criminal action deemed
necessary, take steps to civilly enjoin any violation of Chapter 13 of this Title 11A.
B.Violations And Penalties: Violations of any of the provisions of this Title or failure to
comply with any of its requirements shall constitute a misdemeanor, and be punishable as
provided in chapter 1-4-1 of this code. Each day such violation continues shall be
considered a separate offense. The landowner, tenant, subdivider, builder, public official
or any other person who commits, participates in, assists in or maintains such violation
may each be found guilty of a separate offense. Nothing herein contained shall prevent
the city council or any other public official or private citizen from taking such lawful
action as is necessary to restrain or prevent any violation of Chapter 13 of this Title 11A
or of the Idaho Code.
11A-13F-6: APPEALS:
A.Final Decision Appeal: Any final decision by the zoning administrator may be appealed
to the city council. Within fourteen (14) calendar days following the zoning
administrator's written decision the appealing party shall file a written notice of appeal
with the city clerk before five o'clock (5:00) P.M. or close of business, whichever occurs
ORDINANCE NO. 710 – Page 358
later, specifically identifying which requirements are appealed to the city council
including all reasons, factual and legal, why the decision of the zoning administrator
should be overturned or modified.
B.Action By The City Council: Within twenty-five (25) calendar days from receipt of the
written notice of appeal, the zoning administrator shall set a hearing date for the appeal to
be heard by the city council. The zoning administrator and the city attorney shall provide
the appellant and the city council with a written response to the notice of appeal,
including any other documents filed by the appellant, at least three (3) calendar days prior
to the appeal hearing. After hearing the appeal, the city council may approve, approve
with supplementary conditions, or deny the appeal as presented. Within fourteen (14)
calendar days after a written decision has been rendered by the city council, the zoning
administrator shall provide the appellant with written notice of the decision.
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Section 2: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
severable from the remaining provisions in this Ordinance and shall in no way affect the validity
of the other provisions of this Ordinance or Eagle City Code.
Section 3: All prior ordinances or parts thereof,to the extent inconsistent herewith, are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 4: This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho
Code, shall be published once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this /S day of ' ivy c,L a rc t
2014.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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/James D. Reynold:
Mayor
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ATTEST: •est OF EA ••••,
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Sharon K. Bergmann • v •• 4s.
City Clerk/Treasurer »* SEAL
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ORDINANCE NO. 710—Page 359