Ordinance - 1972 - 10 - Annexatin Of Multiple Properties - 05/08/1972•
CITY OF EAGLE ZONING ORDINANCE
AN ORDINANCE FOR THE CITY OF EAGLE, ADA COUNTY, IDAHO, PROVIDING FOR
THE ESTABLISHMENT OF ZONING OF SAID CITY , DEFINING TERMS , ESTABLISHING
RESIDENTIAL DISTRICTS , RESIDENTIAL -MOBILE HOME DISTRICTS , COMMERCIAL
DISTRICTS , COMMERCIAL -ARTERIAL DISTRICTS , FLOODPLAIN DISTRICTS , PRO-
VIDING FOR PROCEDURES FOR CHANGES OF THE ZONING ORDINANCE, CONDITIONAL
USE PERMITS , MAJOR IMPACT PERMITS , APPEALS AND VARIANCES , PROVIDING
ADDITIONAL REGULATIONS FOR PLANNED UNIT DEVELOPMENT, PARKING AND
ACCESS, SIGNS , HEIGHT , SETBACKS , LOT COVERAGE, SCREENING, AND PRO-
VIDING FOR AMENDING THE ORDINANCE .
CHAPTER 1
GENERAL PROVISIONS
Short Title; Interpretation: This ordinance shall be cited as the
"Eagle Zoning Ordinance" . In their interpretation and application,
the provisions of this Ordinance shall be held to be minimum
requirements for the purposes set forth.
1-1.2 Purpose and Authority: In order to promote the public health,
safety, and general welfare of present and future residents, and
to bring about a coordinated and efficient development of Eagle,
Idaho, the following regulations for the zoning of land within
the City are hereby adopted.
1-1.3 Severability: If any provisions of this Ordinance or the application
thereof to any persons or circumstances is held invalid , the remainder
of the ordinance or the application of provisions to other persons or
circumstances shall not be affected thereby.
1-1.4 Prior Rights and Permits: The enactment of this ordinance shall
riot terminate or otherwise affect rights, variances and permits ac-
quired or authorized prior to the enactment of this ordinance. Where
a building permit and a zoning certificate have been issued for the
construction of a building or structure, and for an authorized use
and occupancy thereof, in accordance with the law prior to the
effective date of this ordinance, said building or structure may be
completed in conformance with the approved plans and on the basis
for which the said building permit and zoning certificate had been
issued, provided construction of said building or structure is
commenced within sixty (60) days of the effective date of the build-
ing permit and diligently prosecuted to completion.
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1-1.5 Enforcement: All departments, officials and employees of Eagle
vested with the duty of authority to issue permits shall conform
to the provisions of this ordinance and shall issue no permit or
license for uses, buildings, or purposes in conflict with the pro-
visions of this ordinance; and any such permit or any business
license issued in conflict with the provisions of this ordinance
shall be null and void.
1-2 VIOLATION
1-2.1 Violation: Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a misde-
meanor, and subject to the provisions of Ordinance No. 15
adopted the 12th day of March, 1974 by the City of Eagle.
1-3 DEFINITIONS
1-3.1 Definitions and General Provisions: As used in this ordinance,
each of the terms defined shall have the meaning given in this
section unless a different meaning is clearly required by the
context. All words used in the present tense shall include the
past tense and plural words shall include the singular , unless
the natural construction of the sentence indicates otherwise.
Agriculture - Tilling of soil, horticulture, floriculture, forestry ,
viticulture, raising crops, livestock , farming, dairying and animal
husbandry including all uses customarily accessory and incidental
thereto; but excluding slaughterhouses, fertilizer works, bone
yards and commercial feed lots including cattle feeding and the
feeding of garbage or offal to swine or other animals or plants
for the reduction of animal matter.
Alterations , Structural - Any change, other than incidental repairs,
which would prolong the life of the supporting members of a building
or structure, such as bearing walls, columns, beams and girders.
Apartment - A room or suite of rooms in a multiple -family structure
which is arranged, designed or used as a single housekeeping unit
and has complete kitchen and sanitary facilities permanently installed.
Area, Gross Floor - The sum of the gross horizontal areas of the
several floors inside the exterior walls of a building or portion
thereof.
Area, Net Floor - That portion of the gross floor area of the build-
ing occupied by the listed use or uses and shall include hallways,
storage and packaging space, dressing or rest rooms and laboratory
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or work rooms, provided however , that floor space within the build-
ing reserved for parking or loading of vehicles, and basement space
used only for building maintenance and utilities shall be excluded.
Area, Private Parking - An open, graded and surfaced area,
other than a street or public way, designed, arranged and made
available for the storage of private passenger automobiles of
occupants of the building or buildings for which the parking
area is developed.
Area, Public Parking - An open area, other than a street or alley,
used for the temporary parking of more than four automobiles and
available for public use whether free , for compensation or as an
accommodation for clients or customers.
Area, Setback - The space on a lot required to be left open and
unoccupied by buildings or structures, either by the front , side or
rear yard requirements of this ordinance , or by delineation on a
recorded subdivision map.
Building - Any structure with substantial walls and roof securely
affixed to the land and entirely separated on all sides from any
other structure by space or by walls in which there are no com-
municating doors, windows or openings, which is designed or in-
tended for the shelter , enclosure or protection of persons, animals ,
chattels or property of any kind.
Building, Accessory - A building which is subordinate to, and the
use of which is incidental to that of the principal building or use on
the same lot; but not including any building containing a dwelling
unit as hereinafter defined.
Building, Completely Enclosed - A building separated on all sides
from the adjacent open space or from other buildings or other struc-
tures by a permanent roof and by exterior walls or party walls
pierced only by windows and normal entrance or exit doors.
Building, Existing - A building erected prior to the effective date
of this ordinance , or one for which a legal building permit has been
issued.
Building, Nonconforming - Any building which does not conform
to the requirements of this ordinance.
Relocatable Buildings - A detached building with all of the following
characteristics:
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a. A structure designed as a relocatable building for use in the
the conduct of any business, trade or occupation, educational
classrooms, or use for storage and conveyance of tools, equip-
ment, and machinery.
b. A vehicular portable building designed to be transported
after fabrication on its own wheels, or on a flat bed or other
trailer, or on detachable wheels.
c. Designed to be propelled or drawn by its own or by other motor
power .
Business - The purchase, sale, exchange or other transaction in --
volving the handling or disposition of any articles, substance or
commodity for profit or livelihood or the ownership or management
of office buildings , offices, recreation or amusement enterprises or
the maintenance and use of offices or professions and trades rendering
services.
City - The City of Eagle, Idaho.
Clerk , City - The City Clerk of the City.
Clinic - A building, other than a hospital as herein defined, used by
two or more licensed physicians for the purpose of receiving and
treating patients.
Commerce - See Business.
Commission - The Planning and Zoning Commission of the City.
Conrrnunity Shopping Center It provides for the sale of shopping
goods and services for the population of Eagle.
Condominium - A separate interest in real property contained
within a dwelling unit of multi -structure or with air space between
floor and ceiling with interior walls.
Council - The City Council of the City.
Coverage, Lot - The area of a lot occupied by the principal building
or buildings and accessory buildings.
District , Zoning - A section or part of the incorporated portion of
the City of Eagle, Idaho, for which the use regulations are uniform ,
as set forth herein.
Dwelling - A building, or portion thereof, containing one or more
dwelling units. The term dwelling does not include any trailer,
motel, hotel, guest house or boarding house as defined herein.
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Dwelling, Multiple -Family - A building, or portion thereof, con-
taining two or more dwelling units.
Dwelling, Single -Family - A building designed for use and occupancy
by no more than one family.
Establishment, Drive -In - An establishment, other than an auto-
mobile service station, which is designed to accommodate the motor
vehicles of patrons in such a manner as to permit the occupants of
such vehicles, while remaining therein, to make purchases or receive
services.
Family - An individual or a collective body of persons, doing their
own cooking, and living upon the premises as a separate house-
keeping unit.
Grade - The elevation above sea level of the finished surface of the
ground adjacent to the vertical midline of any exterior wall of a
building or structure.
Height, Building - The vertical distance from the grade to the
highest point of the coping of a flat roof or to the deck line of a
mansard roof or the average height of the highest gable of a pitch
or hip roof.
Home, Mobile - A detached single-family dwelling unit with all the
following characteristics:
a. Designed for long term occupancy and containing sleeping
accommodations, a flush toilet, a tub or shower bath and kitchen
facilities with plumbing and electrical connections for attachment
to outside systems.
b. Designed to be transported after fabrication on its own wheels
or on flat bed or other trailers or detachable wheels.
c. Arriving at the site where it is to be occupied as a complete
dwelling, usually including major appliances and furniture,
and ready for occupancy except for minor and incidental un-
packing and assembly operations , location of foundation supports ,
connection to facilities and the like.
Home, NursinK - A building housing any facility, however named ,
whether operated for profit or not , the purpose of which is to pro-
vide skilled nursing care and related medical services for two or
more individuals suffering from illness , disease, injury, deformity
or requiring care because of old age.
Home, Prefabricated - A detached single-family dwelling unit with
all the following characteristics:
a. Designed for long term occupancy and containing sleeping
accommmodations, a flush toilet, a tub or shower bath and
kitchen facilities with plumbing and electrical connections
for attachment to outside systems.
b. Designed to be transported after fabrication on its own wheels
or on flat bed or other trailers or detachable wheels.
c. Arriving at the site where it is to be occupied as a dwelling,
and requiring extensive assembly and finish before it is
ready for occupancy.
Prefabricated homes become real property once they are set on
their foundations.
Hospital - An institution devoted primarily to the maintenance and
operation of facilities for the medical or surgical care of patients
for twenty-four (24) hours or longer. The term "Hospital" does
not include clinic, convalescent, nursing or boarding homes, or
any institution operating solely for the treatment of mentally ill
persons, drug addicts, liquor addicts or other types of cases
necessitating forcible confinement of patients.
Hospital, Animal - Any building or portion thereof designed or
used for the care or treatment of cats, dogs or other animals.
Hotel - A building containing six (6) or more bedrooms where
over -night lodging without individual cooking facilities is
offered to the public for compensation primarily for the accom-
modation of transient guests.
House, Apartment - Any building, or portion thereof, which is
designed, built, rented, leased, let or hired out to be occupied
& which is occupied as the home or residence of two or more
families living independently of each other and doing their own
cooking in the said building, and shall include flats and apart-
ments.
Housing, Elderly - See Home, Nursing.
Kennel, Commercial - Any lot or premises or portion thereof , 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 and may also
include private or publicly owned, operated or managed "dog -pound".
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Line , Lot - The boundary property line encompassing a lot. The
front lot line is the boundary line which abuts a public street. For
a corner lot, the owner may select either street line as the front
lot line. The rear lot line is the lot line or line most nearly parallel
to and most remote from the front property line. All other lot
lines are side lot lines. An interior lot line is a side line in
common with another lot.
Line, Street - A line separating an abutting lot or parcel from a
street.
Lot - A unit of land constituting a part of a block of a recorded sub-
division so recorded for transfer of ownership.
Lot, Parking - An open, graded and surfaced area, other than a
street or public way, to be used for the storage, for limited periods
of time, of operable passenger automobiles and commercial vehicles,
and available to the public, whether for compensation, free, or as
an accomodation to clients or customers.
Maps, Zoning. - The map or maps incorporated into this ordinance
designating Zoning Districts.
Motel - A building or group of buildings on the same premises
whether detached or in connected rows, containing sleeping or
dwelling units independently accessible from the outside, with
garage space or parking space located on the premises and designed
for or occupied by travelers. The term includes, but is not limited
to any buildings or building groups designated as auto courts,
motor lodges, tourists courts or by any other title or sign intended
to identify them as providing lodging to motorists.
Occupation, Home - Any gainful occupation engaged in by an
occupant of a dwelling unit including handicrafts, dressmaking,
millinery, laundering, preserving, office of a clergyman, teach-
ing of music, dancing and other instruction when limited to
attendance of one pupil at a time and other like occupancies which
meet all of the following conditions:
a. The use is clearly incidental and secondary to the -use of the
dwelling for dwelling purposes.
b. The use is conducted entirely within a dwelling and is carried
on by the inhabitants thereof.
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c.
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c. No article shall be sold or offered for sale on the premises,
except such as is produced by the occupants on the premises,
and no mechanical or electrical equipment shall be installed
or maintained other than such is customarily incidental to
domestic use.
d. The use does not change the character of the dwelling or ad-
versely affect the uses permitted in the residential district.
e. The use creates no additional traffic and requires no additional
parking space.
f. No persons are employed other than those necessary for domestic
purposes.
g. No more than one-fourth of the gross area of one floor of said
dwelling is used for such use.
h. The entrance to the space devoted to such use if from within the
building and no internal or external alterations or construction
features not customary in dwelling are involved.
Parcel - A unit of land of contiguous quantity in the ownership of
and constituting a portion of a separate tract of land.
Park, Mobile Home - Any area, tract , plot or site of land , where-
upon two or more mobile homes are placed, located and maintained
for dwelling purposes on a permanent or semi-permanent basis and
for which a fee, rental or contract for payment for such use is
collected by or collectable to the person holding the land.
Repair - The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. The word "Repair"
or "Repairs" shall not apply to any other change in a structure
such as would be required by additions to or remodeling of such
structure.
Restaurant - Any land, building or part thereof, other than a
boarding house, where meals are provided for compensation,
including, among others, such uses as cafe, cafeteria, coffee
shop, lunch room , tea room and dining room or where an estab-
lishment requires its patrons to eat meals while remaining therein.
School - An institution conducting regular academic instruction
at elementary , secondary and college levels.
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Space, Parking. - Usable space within a public or private parking
area or a building; not less than one hundred and eighty (180)
square feet , (nine feet by twenty feet) , exclusive of access drives,
aisles or ramps for the storage of one passenger automobile or
commercial vehicle.
Stable, Private - A detached accessory building or structure for
the keeping of one or more horses or cows owned and used by the
occupant of the premises and not for remuneration, hire or sale.
Stable, Riding - A building or structure used or designed for the
boarding or care of riding horses.
Station, Automobile Service - Premises where gasoline, motor
oils, lubricants and grease for the operation of motor vehicles
are retailed directly to the public on the premises and including
tires , accessories, services and minor motor vehicle repairs
and maintenance.
Story - That portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building in-
cluded between the upper surface of the topmost floor and the ceiling
or roof above. If the finished floor level directly above a basement
or cellar is more than six (6) feet above grade, such basement or
cellar shall be considered a story.
Street - The public right-of-way which provides vehicular and
pedestrian access to adjacent properties. The term "Street" in-
cludes also the terms highway , thoroughfare, parkway, thoroughway ,
road, avenue, boulevard, lane, place and other such term..
Street, Arterial - A street designated as an arterial street by the
Council. It is the primary purpose of an arterial street to carry
fast or heavy traffic.
Street, Collector - A street designated as a collector street by the
Council. A collector street has the primary purpose of carrying
traffic from minor streets to other collector streets and arterial
streets.
Street, Frontage - A minor street, parallel to and adjacent to an
arterial street, which has the primary purpose of providing access
to abutting properties.
Street, Minor - A residential street not otherwise designated in
the Comprehensive General Plan but not including alleys. It is
the purpose of a minor street to provide access to abutting prop-
erties.
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Structure - Anything constructed or erected , except fences not
exceeding four (4) feet in height, which requires permanent
location on the ground or is attached to something having location
on the ground.
Tavern - A building where alcoholic beverages are sold for con-
sumption on the premises , not including restaurants where the
principal business is serving food.
Townhouse - A separately owned single-family attached dwelling
unit with "party" walls and separately -owned front and back
yard.
Utility , Public - Any person or municipal department , duly
authorized to furnish to the public under public regulations ,
electricity , gas , steam , telephone, transportation, water ,
schools, sewer service and garbage service, and broadcasting
and relay stations.
Unit , DwellinK - One or more rooms designed for , or used as a
residence for not more than one family, including all necessary
household employees of such family , and constituting a separate
and independent housekeeping unit, with a single kitchen per-
manently installed. The term does not imply or include such
types of occupancy as a lodging or boarding house, club , sor-
ority , fraternity or hotel.
Use - The purpose for which land or a building thereon is de-
signed , arranged or intended or for which it is occupied , main-
tained or leased.
Use, Conditional - The term Conditional Use shall mean a use or
occupancy of a structure, or use of land, permitted only upon
issuance of a Conditional Use Permit and subject to the limitations
and conditions specified therein.
Use, NonconforminK - Any use lawfully occupying a building,
structure or land at the effective date of this ordinance , or of
subsequent amendments thereto, which does not conform to the
regulations for the district in which it is located.
Use, Principal - The main use of land or buildings as distinguished
from a subordinate or accessory use.
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1-4 ZONING CERTIFICATES
1-4.1 Zoning Certificate , General: Except as otherwise provided in
Section 1-4.3, a Zoning Certificate shall be obtained and required
for every building or structure erected or moved into any zoning
district or land use classification, and for every new use of land.
1-4.2 Zoning Certificate , Application: Every application for a permit or
license affecting the use of land or of a structure shall be deemed
to be also an application for a Zoning Certificate. In the case of a
new use, where no other permit or license is required, an appli-
cation for a Zoning Certificate shall be filed on a separate form.
1-4.3 Zoning Certificate , Not Required: No Zoning Certificate shall be
required for any of the following specified uses and structures:
a. A building of a non -industrial character , owned and occupied
by the City or other governmental agency, but not including
a storage garage , machine shop , corporation yard or incinerator;
b. Publicly owned park, playground or golf course;
c. Lawful minor accessory uses, not requiring any other permit
or license; and
d. Lawful signs of a type for which no building permit or sign permit
is required.
1-4.4 Zoning Certificate , Lapse: A Zoning Certificate shall lapse and be-
come void whenever the building permit or license either lapses or
is revoked, or whenever the use or occupancy specified has ceased
to exist, or has been suspended for six (6) months or longer. A
Zoning Certificate authorized by an appeal or by a Conditional Use
Permit as regulated herein, shall include reference to any limitations
or conditions to which it is subject and shall lapse and become void
if not exercised within one (1) year from the date of issuance, except
when a longer or shorter term of validity is specified as a condition
in the official action authorizing its issuance.
CHAPTER TWO
ADMINISTRATION
2-1 ADMINISTRATIVE BODIES AND OFFICIALS: COMPOSITION AND
DUTIES
2-1.1 The City Council: The City Council of Eagle shall be composed
and elected as prescribed by the City Charter and by other okdi-
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nances of the City of Eagle. The City Council of Eagle shall act
upon all recommendations by the Planning and Zoning Commission
as to adoption of and amendment to elements of the Master Plan of
Eagle and as to the adoption of and amendment to zoning ordinances
and any other ordinances which affect the physical growth and
development of the City of Eagle, or land uses within the City of
Eagle.
The City Council shall also hear appeals from decisions of the
Planning and Zoning Commission, as allowed for in Section 2-2.18
through 2-2.26 below .
2-1.2 The Mayor: The Mayor of Eagle shall be chosen as prescribed by
the City Charter and by other ordinances of the City of Eagle. The
Mayor shall sit as a non-voting member of the Planning and Zoning
Commission.
The Mayor of Eagle (or his duly authorized representative) shall:
be primarily responsible for administering the recommendations
of the Planning and Zoning Commission as approved by the City
Council; issue permits; investigate requests for permits or other
action; and insure compliance with the requirements of such per-
mits according to the recommendations of the Planning and Zoning
Commission as approved by the City Council.
2-1.3 The Planning and Zoning Commission: The Planning and Zoning
Commission of the City of Eagle shall be composed of not less than
six and not more than twelve members, all of whom reside within
the Eagle Planning Study Area and no fewer than one-half of whom
reside within the City of Eagle. The Commission shall elect its
own Chairman, Vice Chairman, and Secretary and create and
fill other such offices as it may determine it requires.
Each of the members of the Planning and Zoning Commission shall
be appointed by the Mayor and confirmed by the City Council of
Eagle. The Planning and Zoning Commission may submit to the
Mayor recommendations on appointments to the Planning and
Zoning Commission. No more than one-third of the members of
the Planning and Zoning Commission shall be persons engaging
in those professions concerned with the buying and selling,
subdivision or development of real estate, including the building
and construction industries and suppliers thereto. The term of
office for the first appointive members appointed to such commission
shall be two (2) , four (4) and six (6) years, to be determined by
lot. Thereafter , the term of office for each appointive officer shall
be six (6) years. Vacancies occurring otherwise than through the
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expiration of terms shall be filled by the Mayor , and confirmed
by the City Council.
The Planning and Zoning Commission members are required to
attend all scheduled meetings or give notification of their absence.
Failure to attend or give notice of absence for three (3) consecutive
meetings will result in a request for their removal.
It shall be the duty of the Planning and Zoning Commission to
recommend and make suggestions to the City Council for the
adoption of a long-range comprehensive plan for the physical
development of the city, for the formation of zoning districts,
to make suggestions concerning the laying out , widening , ex-
tending and locating of streets, roads and highways for the
relief of traffic, to make suggestions concerning density of pop-
ulation and development of land within the respective jurisdiction
of the city, to make suggestions concerning the future growth,
development and beautification of the city in respect to its public
buildings, streets, parks, ground and lands consistent with
the future growth and development of the city, in order to pro-
mote the public health, morals, safety and welfare of the inhab-
itants thereof, to give suggestions and advice to individuals con-
cerning landscaping or location of buildings, structures or works
to be erected, constructed or altered by or for such individual.
The Commission may cooperate with other and like commissions
along the lines and purposes prescribed in Sections 50-1101
through 50-1106 of the Idaho Code.
PROCEDURES FOR AMENDMENT OR ZONING DESIGNATION CHANGE
2-2.1 General: Whenever the public necessity, convenience, general
welfare , or good zoning practices require, the City council may,
by ordinance after receipt of recommendation thereon from the
Planning Commission and subject to procedures provided by law ,
amend, supplement, change or repeal the regulations , restrictions
and boundaries or classification of property.
Initiation of Zoning Amendments: Amendments to this ordinance
may be initiated in one of the following ways:
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a. By adoption of a motion by the Planning and Zoning Commission;
b. By adoption of a resolution by City Council;
c. By the filing of an application by at least one (1) owner or
lessee of holder of a valid option of (on) property within
the area proposed to be changed or affected by said amend-
ment.
2-2.3 Contents of Application: The application for amendment shall con-
tain at least the following information:
a. Name, address, and phone number of applicant;
b. Proposed amendment to the text or legal description;
c. Present use;
d. Present zoning district;
e. Proposed use;
f. Proposed zoning district;
g. A vicinity map at a scale approved by the Zoning Administrator
(i.e. Mayor) showing property lines, streets, existing and
proposed zoning and such other items as the Zoning Adminis-
trator (i.e. Mayor) may require;
h. A list of all property owners within, contiguous to, directly
across the street from, and within a 300' radius of the parcel(s)
proposed to be rezoned;
i. A statement on how the proposed amendment relates to the compre-
hensive plan;
j. A receipt showing that a fee of twenty-five dollars ($25.00) has
been paid to the City of Eagle.
2-2.4 Transmittal to Planning and Zoning Commission: Within 7 days after
the adoption of a resolution by the City Council or the filing of an
application by at least one (1) owner or lessee or holder of a valid
option of (on) property, said resolution or application shall be
transmitted to the Planning and Zoning Commission.
2-2.5 Public Hearing by Planning Commission: The Planning and Zoning
Commission shall schedule a public hearing after the adoption of a
motion, transmittal of a resolution from City Council or the filing of
an application for zoning amendment. Said hearing shall be not more
than thirty (30) days from the date of the receipt of such motion,
transmittal of such resolution, or the filing of such application.
2-2.6 Notice of Public Hearing in Newspaper: Before holding the public
hearing provided in Section 2-2.5, notice of such hearing shall be
given by the Planning and Zoning Commission by at least fifteen (15)
days before the date of said hearing. This notice shall set forth the
time and place of the public hearing, the nature of the proposed
amendment, and a statement that after the conclusion of such public
hearing, the matter will be referred to the City Council for further
determination.
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2-2.7 Notice to Property Owners by Planning and Zoning Commission:
For a proposed amendment to rezone written notice of the hearing
shall be mailed by the Planning and Zoning Commission at least
fifteen (15) days before the date of the hearing to all owners of
property contiguous to, directly across the street from, and with-
in a 300' radius of the parcel(s) proposed to be rezoned. The
notice shall contain the same information as required of notices
published in newspapers as specified in Section 2-2.6.
2-2.8 Action by Planning and Zoning Commission: Within fifteen (15)
days after the public hearing provided in Section 2-2.5, the Planning
and Zoning Commssion shall make a recommendation to grant the
amendment, or it may table the item for reasons specified in
Section 2-2.90. The recommendation shall be in writing and
include findings of fact to support the public health, safety and
welfare by relating to but not limited to the following:
a. Conformance with Master Plan for the City of Eagle;
b. Existing and future capacity of public facilities; and
c. Compatability with surrounding zoning and development.
2-2.9 Filing the Recommendation: The written recommendation shall be
filed with the City Clerk within seven (7) days. In the event infor-
mation of a special or technical nature is required, the Planning &
Zoning Commission may table the item and request the applicant to
provide such information and require the applicant to pay the full
cost thereof, as a condition of further consideration by the Planning
and Zoning Commission. After being supplied such information satis-
factorily, the Planning and Zoning Commission shall have fifteen (15)
days to make its recommendation.
2-2.10 Decision by the City Council: At its next regular meeting after the
Commission has filed its recommendations with the City Clerk , the
Council shall either approve, disapprove or modify the recommen-
dation of the Commission. In amending or modifying the recommen-
dation of the Commission, the Council may impose more restrictive
regulations or standards, but the Council is prohibited from granting
less restrictive regulations or standards as recommended by the
Commission.
2-3 PROCEDURES TO AMEND THE MASTER PLAN
2-3.1 General: The Master Plan may be revised according to the following
procedures:
a. Any member of the Planning and Zoning Commission, the City
Council or a written petition of 10% of the residents of Eagle
may initiate a request to the Planning and Zoning Commission
to change the Master Plan.
b. The Planning and Zoning Commission shall review requests
fhn nl an nnri hnlri n„t,lie hearinp_'s . after notice . on
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such requests, pursuant to the procedure set forth in Sections
2-2.5 and 2-2.6 of this ordinance.
c. The Planning and Zoning Commission will make recommendations
to the City Council.
d. The City Council will review the recommendations of the Planning
and Zoning Commission, the results of the public hearing, and
accept or reject or modify the recommendations pursuant to the procedu
set forth in Section 2-2.8 and 2-2.9.
2-4 PROCEDURE FOR CONDITIONAL USES
2- 4.1 Justification: Every use requiring the granting of a Conditional
Use Permit is declared, in pursuant to the general objectives of
this ordinance, to possess characteristics such as to require review
and appraisal by the Planning and Zoning Commission to determine
whether or not the use would cause any damage, hazard, nuisance,
or other detriment to persons or property in the vicinity. The
following procedures shall be followed by any property owner
requesting the issuance of a Conditional Use Permit, with the
exception of those proposing a use which is of major development
impact, as set forth in Section 2-6.1.
2-4. 2 Contents of Application for Conditional Use Permit: An application
for a conditional use permit shall be filed with the City Clerk by at
least one owner or lessee or holder of a valid option of property for
which such conditional use is proposed. At a minimum, the appli-
cation shall contain the following information:
a. Name, address, and phone number of applicant;
b. Legal description of property;
c. Description of existing use;
d. Present zoning district;
e. Description of proposed conditional use;
f. A plan of the proposed site for the conditional use showing 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 infor-
mation as the Planning and Zoning Commission may require to
determine if the proposed conditional use meets the intent and
requirements of this ordinance.
g.
A narrative statement evaluating the economic effects on the
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
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in the district; and the relationship of the proposed use to the
master plan.
h. A receipt showing that a fee of twenty-five dollars ($25.00)
has been paid to the City of Eagle.
2- 4. 3 Notice of Hearing and Publication: The Planning and Zoning Com-
mission shall hold a public hearing and give notice on every appli-
cation for a conditional use in the same form as required for amend-
ments or zoning designation changes, provided by Sections 2-5.7
and 2-6.1 of this ordinance except that the date for such hearing
shall be set by the Chairman of the Planning and Zoning Commission
within a reasonable time and in no case later than forty (40) days
after receipt of the application and all necessary documents thereto.
2-4, 4 Action by the Planning and Zoning Commission: The Commission ,
after investigating and hearing every application for a Conditional
Use Permit, must either approve, deny or modify the application
for the issuance of a Conditional Use Permit after the hearing date
when the evidence presented at the hearing is such as to establish:
a. That the location of the proposed use is compatible to other land
uses in the general neighborhood area and does not place an undue
burden on existing transportation and service facilities in the
vicinity;
b. That the site is of sufficient size to accommodate the proposed
use and all yards, open spaces, walls and fences, parking,
loading, landscaping and such other features as are required
by this ordinance;
c. That the site will be served by streets of capacity sufficient to
carry the traffic generated by the proposed use;
d. That the proposed use, if it complies with all conditions upon
which approval is made contingent , will not adversely affect
other property of the vicinity; and
e. That the proposed use is such that it is necessary to require
higher standards of site development than listed specifically
in this ordinance in order to correlate the proposed use to
other property and uses in the vicinity. If such a determin-
ation is made, the Commission shall find that the site is of
sufficient size to accommodate the proposed use, and all •such
standards so determined to be necessary shall be specified in
the permit.
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2-4 . 5 Conditional Use, Limitations: It shall not be the intent of this
section to restrict or specify the particular architectural design
proposed or to specify the exterior detail or design , color or
materials proposed by the applicant , except as such detail is of
such magnitude as to affect the general appearance and compati-
bility of the development with its surroundings. The Commission,
in acting upon the application , shall provide that approval of a
Conditional Use Permit shall be contingent upon acceptance and
observance of specified conditions, including but not limited to
the following matters:
a. Conformity to approved plans and specifications;
b. Open spaces, buffer strips, walls, fences,
concealing hedges, landscaping, lighting;
c. Volume of traffic generated, requirements for off-street parking,
vehicular movements within the site and points of vehicular
ingress and egress;
d. Performance characteristics, related to the emission of noise,
vibration and other potentially dangerous or objectionable
elements;
e. Limits on time of day for the conduct of specified activities;
f. The term of a permit, or the period of time for which a permit
is issued shall not exceed one (1) year , unless, upon request
of the holder, the Commission grants successive extensions or
renewals for such term or period not to exceed one (1) year for
each such extension or renewal. The Commission shall also
fix the time or period within which the permit shall be exercised
or perfected, otherwise said permit shall lapse;
g.
Guarantees as to compliance with the terms of the approval;
h. Outdoor advertising, including the number , location, color ,
size, height, lighting and landscaping of outdoor signs and
structures as related to creation of traffic hazards and appear-
ance in harmony with surrounding development and community
objectives; and
i. Street dedications and public improvements on property
frontages.
2-4. 6 Modification, Extension and Revocation: Upon request of the
holder of a Conditional Use Permit, the Commission may modify or
extend the term, conditions and limitations of said permit in
--19-
accordance with the limitations and requirements of Section 2-4.5.
The Commission may revoke or modify , upon notice and hearing,
a Conditional Use Permit for the breach or violation of any condition
or limitation of said permit.
2-4.7 Appeal to the City Council: The applicant or holder of a Condi-
tional Use Permit or any owner of property within a three hundred
(300) foot radius of the exterior boundaries of the subject property
may appeal to the City Council a decision by the Planning and Zon-
ing Commission. Such appeal shall be filed with the City Clerk
within twenty (20) days of the Commission decision. The appeal
shall specify the grounds upon which the appeal is being taken.
The City Clerk shall transmit to the City Council all the papers
constituting the record upon which the action appealed from was
taken for consideration. Within sixty ((0) day:., the City Council
:thrill cIc'c•ic1(' foi• cit• 7il;-;uin:;1 the applicant and be bound by the pro-
\VISiui►:; ;1:; tic'1 folt11 111 Section 2 5. 3.
2-4.8 Stay of Proceedings: An appeal stays all proceedings in further-
ance of the action appealed from unless the Mayor or Planning and
Zoning Commission certifies to the City Council after the appeal is
filed, that by reason of facts presented in the zoning certificate,
a stay would, in his (their) opinion, cause imminent peril to life
or property.
2-5 PROCEDURE FOR VARIANCES
2-5.1 Variances: The City Council may authorize upon appeal in
specific cases such variance from the terms of this ordinance
as will not be contrary to the public interest where a literal
enforcement of the provisions of this ordinance would result
in unnecessary hardship as defined and set forth in Section 2-5.2
below. No non -conforming use of neighboring lands, structures,
or buildings in the same district and no permitted or non -conforming
use of lands, structures, or buildings in other districts shall
be considered grounds for issuance of a variance.
-21-
2-5.5 Notice of Public Hearing in Newspaper: Before holding the public
hearing required in Section 2-5.4, notice of such hearing shall be
given in one or more newspapers of general circulation of the City
at least ten (10) days before the date of said hearing. The notice
shall set forth the time and place of the public hearing, and the
nature of the proposed variance.
2-5.6 Notice to Parties in Interest: Before holding the public hearing
required in Section 2-5.4, written notice of such hearing shall be
mailed by the Chairman of theCity Council, at least ten (10) days
before the day of the hearing to all applicants and property owners
within a boundary of 300' from the applicant's property. The notice
shall contain the same information as required of notices published
in newspapers as specified in Section 2-5.5.
2-5.7 Action by City Council: Within thirty (30) days after the public
hearing required in Section 2-5.4, the City Council shall either
approve, approve with supplementary conditions as specified
in Section 2-5.3, or disapprove the request for variance. The
City Council shall further make a finding that the reasons set
forth in the application justify the granting of the variance that
will make possible a reasonable use of the land, building or
structure. If the request for variance is denied, the applicant
may seek relief through the State District Court.
2-6 PROCEDURE FOR MAJOR IMPACT DEVELOPMENT
2-6.1 General: It is recognized that some development is of such
character and size so as to have a major impact upon the City
of Eagle. To protect the health, safety and welfare of the com-
munity , developments which may have major impact on the com-
munity will be subjected to a different and more detailed pro-
cedural and substantive review.
2-6.2 Developments of Major Impact: The following uses are found
to be developments of major impact:
a. Planned Unit Development;
b. Subdivision;
c. Mobile Home Court;
d. Community Shopping Centers; and
e. Hotels, motels or places for transient lodging.
2-6.3 Requirement of Permit: No person. shall sell or offer for sale any
interest in any development of major impact in the City of Eagle,
or commence construction on such development, or commence
development without a permit. Such a permit is to be signed by
0
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the Planning and Zoning Commission indicating approval of the
development. No permit shall be issued unless and until the
requirements of this ordinance have been complied with.
2-6.4 Permit Application: An application for permit shall be filed with
the City "lerk, and shall contain the following:
a. The applicant's name, address and the addresses of each of
the applicant's offices in the State, and where the applicant is
not an individual, municipality or State agency , the form , date
and place of formation of the applicant;
b. A copy of the Planning Inventory; and
c. Payment of a permit application fee of $75.00 payable to the
City of Eagle.
2-6.5 Requirements for Planning Inventory: An applicant shall submit,
in order for the Planning and Zoning Commission to determine
whether the proposed development meets the public health, safety
and welfare requrements, a Planning Inventory. The Inventory
will contain at least the following information and will be presented
on a site map, a plot plan, an elevation drawing or in narrative
form as specified:
a. The number and location of all structures and uses which will
generate sanitary wastes, an estimate of the amounts generated
daily and seasonally, the plan for the disposal of sanitary wastes,
and the relationship of the plan to the existing sewer system of
Eagle. (Site map and plot plan)
b. The number and location of all structures which will require the
use of water , characteristics of the water supply to be used,
the actual water plan of the development, and the relationship
of the plan to the existing water system of Eagle. (Site map,
plot plan and narrative)
c. The characteristics of the land such as material, soil types,
permeability, lands forms, physical features, existing drainage
pattern, and hydrological characteristics; relevant information
on easements, legal rights and responsibilities to water and
drainage ditches and canals; changes in the drainage character-
istics as proposed by the development; the actual plan for drainage
and drainage water treatment, if any (such as sedimentation oper-
ations, skimmer operations, or other treatment) . (Site map,
plot plan and narrative)
-23--
d. All ingress, egress and other access plans for all structures and
uses in the development, any characteristics of structures and
uses which create special or unusual needs for fire protection
services, devices, or water and water pressure. (Plot plan
and narrative)
e. The number of dwelling units and bedrooms per unit planned
for the development , the amount of play and other child -oriented
facilities planned for the development, a projection of the
number of school -aged children anticipated by the development,
and a schedule of when they are expected in the development
and would impact the schools. (Plot plan and narrative)
f. The circulation plan of the development , its proposed links to
existing street plans, the proposed widths, standards, surface
type and design of the streets, proposed names of streets, the
expected generation and attraction of trips per day to and from
each structure or use, and any characteristics of the develop-
ment which will create need for any vehicles other than passenger
sedans; the parking plan, including location, dimensions, angle
of parking spaces, and clear widths for driving lanes; location,
design, and widths of pedestrian ways, bicycle paths, and other
paths for non -motorized travel. (Site map and plot plan)
g.
A plan for supply of and access to public facilities such as
parks, and pl:iY2rounds. (Site reap)
h. Design characteristics of the proposed development including
dimensions, height, placement, building materials, color ,
style of structures (including signs, fences, and canopies) ,
landscaping plan, characteristics, quantity , location of open
and green spaces. (Plot plan, elevation drawing)
An inventory of the existing non -human occupants of the land
including trees , shrubs, grass, crops, aquatic plants, en-
dangered species , barriers, corridors, birds, land animals,
reptiles, and fish; proposed changes or modification of regime
(introduction of exotic flora or fauna, biological controls,
modification of habitat , alteration of ground cover•, alteration
of groundwater hydrology, drainage, river control and flow
modification, canalization, irrigation, burning, surface or
paving, noise, or vibration); proposed construction; pro-
posed resource extraction; proposed resource renewal; pro-
posed chemical treatments. (Site map, narrative)
2-6.6 Definitions of Site Map and Plot Plan:
a. Site Maa - Existing natural and manmade features of undeveloped
site.
b. Plot Plan - Shows the property under consideration, professionally
drawn to a scale not less than one inch equals thirty (30) feet and
adequate to show all pertinent information in proper location and
magnitude. If the cost of the proposed development or improve-
ment exceeds $5,000 (excluding single residential structures of
four units or less) , the drawings shall be done by a licensed
professional engineer or architect. The information to be shown
on the plan shall include that required by the Planning Inventory,
as specified in Section 2-2.31 and the following:
1.
Proposed name and purpose of the development;
2. North point, scale, date of drawing, drawing number;
3. Names and addresses of owner , developer and preparer
of the plan;
4. Legal description of property boundary;
5. Existing structures and natural features;
6. Contour lines at a contour interval not less than 10 feet;
7. Location, width, surface type and name of all existing or
platted streets within or adjacent to the property , together
with other rights -of -ways, easements and land subdivision
lines, and all existing utilities; and
8. Location, type, size or capacity of all proposed utility
facilities, including trash storage areas.
2-6.7 Evaluation Criteria: Before considering an application, the Planning
and Zoning Commission will determine whether the information pro-
vided by the applicants' Planning Inventory is adequate. If the
Inventory is adequate, the Planning and Zoning Commission shall
have a maximum of forty-five (45) days in which to consider the
application. The Commission shall use such information in
specifically finding whether or not:
a. There is water pollution (or other unsanitary, unhealthy conditions)
from the sanitary sewer system. The capacity of the sanitary
system should be adequate to dispose of the wastes of the pro-
posed development without system extensions beyond those
normally installed by the developer.
-25-
b. Sufficient water is available per lot, both physically and legally,
for the forseeable needs of the development, and that the develop-
ment will not cause an unreasonable depreciation of an existing
water supply. The capacity of the water system to provide for
the needs of the proposed development should be adequate with-
out depriving or interfering with neighboring users of their
water supplies or water rights.
c. Sufficient drainage is provided. In making this determination,
the Commission shall consider the characteristics of the land,
soil, slope , existing drainage patterns and hydrological features.
The capacity of the drainage facilities should be adequate to dispose
of and appropriately treat surface runoff of the proposed develop-
ment without system extensions beyond those normally installed by
the developer.
d. The Fire Department of the City is able to provide fire protection
without the necessity of establishing a new station or in the event
a new station must be established, the applicant shall be assessed
a fee to cover the cost of the new station in proportion to the need
for additional fire protection generated by applicant's development.
e. The capacity of the school system is adequate to absorb the chil-
dren expected to inhabit a proposed development without necessi-
tating double sessions, unusual scheduling, or classroom over-
crowding.
f. The circulation plan conforms to the Master Plan of Eagle and that
the capacity of street linkage and the street system is adequate to
provide for the needs of the proposed development without sub-
stantially altering existing patterns or overloading the existing
street system beyond its planned capacities.
g•
Other public facilities (such as parks and playgrounds) are ade-
quate to meet the additional demands for vital public services with-
out extension of services beyond those provided by the developer.
h. The design characteristics of the proposal conform to the general
character of the community of Eagle as expressed in the Master
Plan.
i . There will be an undesired adverse impact on existing, unique ,
and irreplacable non -human life forms such as plants, trees,
shrubs, birds, animals, fish or endangered species of any
kind.
-26 -
In the event that the Planning and Zoning Commission finds that
all the criteria have been met by the applicant's proposal except
for Section e pertaining to the school system and Section g per-
taining to public facilities, the Planning and Zoning Commission
shall notify the public facilities himself. He can submit a plan
for the same to the Planning and Zoning Commission which shall
then approve, approve with modifications or deny the plan. If
the Planning and Zoning Commission approves the plan, it shall
require a performance bond adequate to insure completion of
the plan.
2-6.8 Permit Conditions: A permit may contain such requirements and
conditions as are reasonably appropriate with respect to the eval-
uation criteria specified in Section 2-2.32 and may require appro-
priate conformance to State laws and regulations promulgated there-
under relating to health, safety and welfare.
2-6.9 Permit Decision: The Planning and Zoning Commission, in approving
or denying a development of major impact , shall set forth specific
reasons and findings of fact within the standards specified in the
evaluation criteria.
CHAPTER 3
ESTABLISHMENT OF ZONING DISTRICTS
3-1.1 Purpose: It is the purpose of this Chapter to establish zoning dis-
tricts for the determination of land uses which shall be allowed , on
certain lands within the City of Eagle, in accordance with the adopted
land use plan of the City of Eagle and with the adopted goals and policies
of the City of Eagle.
3-1.2 Intent: It is the intent of this Chapter to minimize the conflicts between
adjacent land uses while avoiding, to the maximum feasible extent,
undue interference in the land use decisions of individual landowners
and while preserving the maximum feasible degree of flexibility in
the urban patterns of the City of Eagle.
3-2 REGULATIONS FOR RESIDENTIAL; R DISTRICTS
3-2.1 Purpose: It is the purpose of the R_ District classifications to provide
regulations and districts for various residential neighborhoods, and to
govern the location and relationship of the various land uses composing
each residential neighborhood.
3-2.2 Density: Density in an R_ District shall be determined according to
the numeral following the R. The numeral designates the maximum
number of dwelling units per acre.
3-2.3 Lot Size: The minimum lot size for any single-family dwelling (ex-
cluding mobile home lots) shall be 6,000 square feet.
-27-
3-2.4 Uses Allowed:
a. Single or multiple family dwelling units according to or less
than the prescribed density.
b. Accessory uses relating to single or multiple family dwelling
units.
c. Temporary building or relocatable building for construction
purposes for a period not to exceed the duration of such
construction.
3-2.5 Conditional Uses Permitted:
a. Home occupation, providing that not more than one person not
residing in the same building is employed, provided that all
requirements of the City, County, and State Health Department
are met, and provided that no unpleasant or dangerous odors,
dust, chemicals, noise, or disturbances shall be caused so as
to affect adjacent residential areas.
b. Agriculture or horticulture, providing that no horse, cow or
usual farm animal may be maintained on any parcel or lot
which contains less than one (1) acre, provided that all re-
quirements of the City, County and State Health Department
are met, and provided that no unpleasant or dangerous odors ,
dust, chemicals, noise or disturbance shall be caused so as
to affect adjacent residential areas.
c. Church
d. Golf course, park , playground , swimming pool or other rec-
reational facility, public or private.
e. School, nursery, kindergarten, or day care center.
f. Store or office of such a nature as to service primarily the
residents of the surrounding neighborhood may be located
adjacent to an arterial street or within a PUD. Net floor area
shall be no more than 1,500 square feet.
g. Nursing home, convalescent home.
h. Planned Unit Developments.
i. Any other use which, in the opinion of the Eagle Planning and
Zoning Commission, is the same as a permitted use.
3-2.6 Uses Prohibited:
a. Mobile homes on individual lots and mobile home parks outside
the area designated for mobile homes on the adopted zoning map
of the City of Eagle are prohibited.
L VLL .JS . J. ll% 1.14AaAIL ..a*ll \a lil LJa4y Va LIl V.Ja ali LLVLI•VV JL 1411 V6. I LLSVLJA£I.
homes per acre.
3-3.3 Lot Standards: Parking space for a minimum of two vehicles per
mobile home must be provided off the street. A minimum of %
of the acreage in a mobile home court shall be reserved and designed
for open space. Setback and other provisions shall be as defined
in Section 3-9.3.
3-3.4 Uses Allowed:
a. Residential mobile homes; and
b. Accessory or incidental uses operated primarily for the con-
venience of mobile home park residents as determined by
-29-
b. Surfaced parking areas and parking structures incidental to
a permitted use.
c. Hotels, motels and other transient facilities
d. Eating and drinking establishments, places of entertainment
or recreation.
3-4.3 Conditional Uses Permitted
a. Any use permitted in a residential zone, except mobile homes.
b. Warehousing or manufacturing activities incidental to a per-
mitted use, provided that at least 50% of the goods produced
or stored are sold or used on the premises.
c. Other uses which, in the opinion of the Eagle Planning and
Zoning Commission, are the same as a permitted use.
d. Community Shopping Center.
3-4.4 Uses Prohibited:
a. Mobile homes.
b. Any activity which may result in conditions hazardous to
life, health, comfort or property of the citizens of Eagle.
3-5 REGULATIONS FOR C -A; COMMERCIAL ARTERIAL DISTRICTS
3-5.1 Purpose: It is the purpose of the C -A classification to provide
regulations for commercial uses situated along arterial roads.
Since it has been found that commercial operations on arterial
roads frequently cause excessive traffic congestion and depreciate
the public investment in roads and that such operations are fre-
quently unsightly , these regulations are for the purpose of
regulating access to commercial and other uses along the arterial
roads and regulating the design, appearance, and layout in a
manner consistent with reasonable standards.
3-5.2 Arterial Roads: Arterial roads are so designated on the Master
Plan map.
3-5.3 Standards:
a. The minimum distance between access points onto an arterial
road shall be 300 feet.
b. "Sandwich board" signs shall be prohibited.
c. All lighting shall be so arranged and shielded as to confine
all direct light rays entirely within the boundary lines of •
the site.
d. At least 5% of the total area of the site shall be landscaped.
e. Commercial uses which abut residential uses shall provide
buffer screening from the effects of noise. vibration, glare,
heat or unsightliness.
3-5.4 Special Review: All development applications for uses in the C -A.
district shall submit information requested in Item f and h
of Section 2-6.5.
3-5.5 Uses Allowed:
a. Retail and service activities primarily oriented to the auto.
3-5.6 Conditional Uses:
a. Any retail or service activity.
b. Residential and agricultural uses.
c. Warehousing or manufacturing activities incidental to a
permitted use, provided that at least 50% of the goods pro-
duced or stored are sold or used on the premises.
d. Other uses, which in the opinion of the Eagle Planning and
Zoning Commission, are the same as a permitted use.
3-5.7 Uses Prohibited:
a. Mobile homes.
b. Any activity which may result in conditions hazardous to
life, health, comfort or property of the citizens of Eagle.
3-6 REGULATIONS FOR FLOODPLAIN; FP DISTRICTS
3-6.1 Purpose: It is the purpose of the FP District classification to pro-
vide regulations to control land uses within the one hundred year
floodplain as determined by the most recent survey by the U. S .
Army Corps of Engineers, to prevent danger to life, health and
-31 -
property and to prevent the erection of structures which might
impede the flow of a flood, widening the area of potential flood
damage.
3-6.2 Delineation of Flood Ilazard District: Those floodplain areas with-
in the limits of the Intermediate Regional Flood (100 year flood) are
hereby designated as the Flood Hazard District.
3-6.3
Uses Allowed:
a. Any agricultural use.
b. Any outdoor recreational use, such as golf courses, tennis
courts, swimming pools, etc.
3-6.4 Conditional Uses:
a. Any other land use compatible with the adopted goals and
policies of the Eagle Master Plan, except those uses requiring
extensive structures.
3-6.5 Uses Prohibited:
a. Any building intended for human use or occupancy.
b. Any other building or structure which is of a size and nature
such as to impede the flow and widen the area of potential
flood damage or of such a nature that, in the event of a flood,
it may contribute to the danger from floating debris in down-
stream areas.
3-6.6 Planned Unit Development in a Floodplain: If lands lying within
an FP District are included within a proposed PUD, the total acreage
used in determining the number of residential units permitted within
the PUD may be increased by the number of acres lying within the
FP District (up to 33% of the total number of acres in the PUD) . No
buildings may be built within the FP District, however; all portions
of the PUD lying within the FP District must be developed as open
space for the PUD.
3-7 REGULATIONS GOVERNING PLANNED UNIT DEVELOPMENT (PUD)
3-7.1 Purpose: It is the purpose of Planned Unit Development regula-
tions to provide for well planned developments that conform with
the Master Plan, but which provide for a greater flexibility of land
use relationships and allow for freedom of design in order to obtain
development which will be an asset to the City of Eagle by equaling
-32 -
or surpassing the quality otherwise required for the districts in
which a PUD is located.
Nothing in these PUD regulations is to be construed as permitting
any land use or any relationship among various land uses which ,
in the opinion of the Eagle Planning and Zoning Commission or in
the opinion of the Eagle city Council , will create conditions
hazardous to life, health, comfort, or property of any person in
Eagle.
3-7.2 Application: PUD regulations may be applied to any parcel of land
lying within one or several districts. All applications for PUD shall
require an application for special impact permit and is subject to
present additional information as set forth below:
a. A statement of provisions for ultimate ownership and mainten-
ance of all parts of the development , including streets , struc-
tures, and open spaces.
b. Delineation of development staging , if any .
c. A tabulation of the total land area and percentage thereof
designated for various uses.
3-7.3 Density: The total number of housing units allowed shall be deter-
mined by the total allowed on each portion of the total parcel , which
is to be used for residential uses, according to the provisions of the
district in which each portion is located . Allowed housing units may
be distributed within the PUD according to any plan which will serve
the interests of present and future residents of the neighborhood , and
which can be conveniently serviced by public utilities, except that
the density of any portion of the PUD which lies within 200 (two
hundred) feet of any residential (R_) District outside the PUD shall
conform to the density requirements of that District.
3-7.4 Uses Allowed: Any use allowed within any of the districts included
within the PUD shall be allowed anywhere within the PUD, in no
greater quantity or area than each use would be allowed if confined
to the portion of the PUD lying within each district.
No use shall be allowed within 200 (two hundred) feet of any district
outside the PUD , which would not be allowed under the regulations
governing that district.
No portion of the total parcel shall be considered in determining the
total permitted quantity of more than one use. (For example , an acre
of land counted as commercial may not be counted in determining the
number of residential units permitted.)
Council.
-34-
3-9.3 Lot Coverage and Setbacks:
a. The following minimums and maximums shall apply to the indicated
zoning districts:
R-MI1 C C -A
Maximum Lot Coverage 35% 35% None 35%
Minimum Lot Depth 80' 80' None None
Minimum Front Yard Setback
arterials & collectors 30' 30' 30' 30'
minor streets 20' 20' 20' NA
(for each story) Minimum Side Yard Setback 7/ 71 None None
Minimum Rear Yard Setback 25' 25' 25' 25'
Min. Flanking Street Setback
arterials & collectors 25' 25' 25' 25'
minor streets 20' 20' 20' NA
b. No building shall be constructed within the right-of-way of
any existing street , bicycle path, or pedestrian pathway or
within an area designated by an adopted circulation plan as
the right-of-way for any future street , bicycle path or pedes-
trian pathway.
c. No building, fence or other structure of such nature as to
obstruct normal visibility shall be constructed within ten (10)
feet of a driveway entrance or within thirty (30) feet of the
intersection of any street with any pedestrian path, bicycle
path or other street.
d. No building of greater than two (2) stories or twenty-five (25)
feet height, or with a total of over 4000 square feet of floor
space, nor any service station, drive-in restaurant or other
commercial building oriented to the automobile nor any parking
area for such building shall be built within thirty (30) feet of
any pre-existing residential building on a separately owned lot.
3-9.4 Screening and Landscaping: Prior to granting a permit to build
any service station , drive-in facility or mobile -home park in any
area, or any structure with over 4,000 square feet of floor space
in a single-family residential area (R-5 or less) , the Planning and
Zoning Commission shall determine the fencing and landscaping
which shall be required for the protection of property and living
values on adjacent property , with the advice, as required, of a
qualified landscape architect. Such requirements shall be set as
a condition of such permit.
rM
attached to back of document
PROOF OF PUBLICATION
State of Idaho,
County of Ada
ss.
Carol cC onne 11 being first duly
sworn, depose and say, that I am over twenty-one years of
age, and Chief Clerk of VALLEY NEWS -TIMES, a weekly
newspaper of general circulation, published at Meridian,
County of Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
one consecutive weeks, the first publication being on
the 18th day of _______________, 19J1L, and the last
publication being on the _18th day of July
19___ 74 .
That said notice was published in the newspaper
proper and not in a supplement. That said newspaper had
been continuously and uninterruptedly published in said
county for a period of 78 consecutive weeks prior to the
first publication o . is notice, and is a newspaper within
the meaning o a e daho statutes.
L
of Clerk
C
Subscribed and sworn to before me this 18th
of July r 199774
l'1otiry Public irT and for Idafio
Residence or Postoffice Address 'leri di an __ _ , Idaho.
day
Zoning
Ordinance
CITY OF EAGLE
ZONING ORDINANCE
AN ORDINANCE FOR THE CITOF
EAGLE, ADA COUNTY, IDAHO,).°.
VI DI NG FOR THE ESTABLISHMT
OF ZONING OF SA! D CITY, DEFNG
TERMS. ESTABLISHING RESfN-
TIAL DISTRICTS, RESIDENSL-
MOBILE HOME DISTRICTS, M-
MERCIAL DISTRICTS, COMMEIAL
-ARTERIAL DISTRICTS, POD.
PLAIN DISTRICTS, PROVIDIN R
PROCEDURES FOR CHANGES° E
ZONING ORDINANCE, CONDITfAL
USE PERMITS, MAJOR IOkCT
PERMITS, APPEALS AND ''RI-
ANCES. PROVIDING ADDITIIAL
REGULATIONS FOR PLANNEDIIT
DEVELOPMENT, PARKING AN(AC-
CESS. SIGNS, HEIGHT, SETBKS,
LOT COVERAGE. SCREENINGtND
PROVIDING FOR AMENDINGHE
ORDINANCE.
CHAPTER 1
GENERAL PROVISIONS
1-1.1 Short Title; InterpretationThis
ordinance shall be cited as the 'ogle
Zoning Ordinance". In their int eta -
tion and application, the provision this
Ordinance shall be held to be menum
requirements for the purposes siorth.
1.1-z Purpose and Authority; In der to
promote the public health. safe and
general welfare of present anduture
residents. and to bring about a ordin-
ated and efficient development °Eagle,
Idaho. the following regulatlonssr the
zoning of land within the City areereby
adopted.
1.1.3 Severability; If any provbns of
this Ordinance or the applicationhereof
to any persons or circumstancess held
invalid, the remainder of the ordtmce or
the application of provisions 11 other
persons or circumstances shall tot be
affected thereby.
1-1.4 Prior Rights and Permit; The
enactment of this ordinance still not
terminate or otherwise affect rights,
variances .and permits acquired or
authorized prior to the enactmentd this
ordinance. Where a building permlland a
zoning certificate have been issuedlor the
walls In which there are no communica-
ing doors, windows or openings, which i5
designed or intended for the shelter,
enclosure or protection of persons,
animals, chattels or property of any kind.
Building. Accessory -A building which
is subordinate to, and the use of which is
incidental to that of the principal building
or use on to same lot; but not including
any bulidlng containing a dwelling unit as
hereinafter defined.
Building, Completely Enclosed -A
building separated on all sides from the
adjacent open space or from other
buildings or other structures by a
permanent roof and by exterior walls or
party walls pierced only by windows and
normal entrance or exit doors.
Building, Existing -A building erected
prior to the effective date of this
ordinance, or one for which a legal
building permit has been issued
Building, Nonconforming -Any build
Ing which does not conform to the require.
meets of this ordinance.
t Relocatable Buildings -A detached
building with all of the following
characteristics:
a. A structure designed as a relocatable
building for use In the conduct of any
business, trade or occupation, edu•
cational classrooms, or use for storage
and conveyance of tools, equipment, and
machinery.
b, A vehicular portable bultding
designed to be transported after fabri-
cation on its own wheels, or on a flat bed
or other trailer, or on detachable wheels.
c. Designed to be propelled or drawn by
Its own or by other motor power.
Business -The purchase, sale, ex-
change or other transaction involving the
handling or disposition of any articles.
substance or commodity for profit or
livelihood or the ownership or manage-
ment of office buildings, offices, recre•
atlon or amusement enterprises or the
maintenance and use of offices or
professions and trades rendering ser-
vces
City -The City of Eagle, Idaho.
Clerk, City -The City Clerk of the City.
Clinic -A building, other than a hospital
a5 herein defined, used by two Or more
licensed physicians for the purpose of
receiving and treating patients.
Commerce -See Business.
Commission -The Planning and Zoning
Commission of the City.
Community Shopping Center -It pro-
vides for the sale of shopping goods and
services for the population of Eagle.
Condominium=A separate interest in
real property contained within a dwelling
unit of multi -Structure or with air space
between floor and ceiling with interior
walls.
Council -The Council of the City.
Coverage, Lot -The area of a lot
occupied by the principal building or
buildings and accessory buildings.
District, Zoning -Section or oart of the
incorporated portion Of the City of Eagle,
Idaho, for which the use regulation} are
uniform, as set forth herein.
Dwelling -A building, or portion there-
of, containing one or more dwelling units.
The term dwelling does not include any
trailer, motel, hotel, guest house or
boarding house as defined herein.
Dwelling, Multiple -Family -A building,
or portion thereof, containing two or more
dwelling units.
Dwelling, Single -Family -A building
designed for use and occupancy by no
pue !el3Jaww03 01 s5 3e au!IelnOa.1
fo asodjnd agi .1of a suceigin6ai
asa41'AlI46isun Apwn a.1e Sw4eJado
43ns feet pue speoi u! Iuawlsanui
3ggnd 041 afetpa.dap ue uo!lsa0uo3
3ilie.1l poi504Dxa asne3 Iivanbajf speoi
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punoi uaaq see 1! a3ul 'speoi le!Jal.1e
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suol(Mnssa ab!AoJd o1 uo le34issel3 V -O
agi1 so asodand 041 s; u Sod.1nd t'S•C
(31 or more dogs, cats and other
household domestic animals are main-
tained, harbored, possessed, boarded,
bred or cared for in return for
compensation or kept for sale and may
also include private or publicly owned.
operated or managed "dog•Pound".
Line, Lot -The boundary property line
encompassing a lot. The front lot line is
the boundary tine which abuts a public
street. For a corner tot, the owner may
select either street line as the front lot
line. The rear lot line i5 the lot line or line
most nearly parallel to and most remote
from the front property line. All other lot
Imes are side lot lines. An interior lot line
is a side line in common with another lot.
Line, Street -A (Inc separating an
abutting lot or parcel from a street
Lot -A unit of land constituting a part
of a block of a recorded subdivision so
recorded for transfer of ownershlp-
Lot, Parking -An open, graded and
surfaced area, other than a street or
public way, to be used for the storage. for
limited periods of time, of operable
passenger automobiles and commercial
vehicles, and available t0 the public,
whether for compensation, free, or as an
accomodat(on (0 clients or customers.
Maps, Zoning -The map or maps
incorporated Into this ordinance designat-
ing Zoning Districts.
Motel -A building or group of buildings
on the same premises whether detached
or in Connected rows. containing sleeping
or dwelling units independently acces-
sible from the outside, with garage space
or parking space located on the premises
and designed for or occupied by travelers.
The term includes, but is not limited to
any buildings or building groups des;g.
nated as auto courts, motor rodges,
tourists courts or by any other title or sign
intended to identify them as providing
lodging to motorists.
Occupation, Home -Any gainful occu-
pation engaged in by an occupant of a
dwelling unit including handicrafts,
dressmaking, millinery, laundering, pre-
serving, office of a clergyman, leaching
of music. dancing and other instruction
when limited to attendance of one pupil at
a time and other like occupancies which
meet all of the following conditions:
a. The use is clerly incidental and
secondary to the use of the dwelling for
dwelling purposes.
b- The use is conducted entirely w• Ihi n a
dwelling and is carried an by the
Inhabitants thereof,
c. No article shall be sold or offered for
sale on the premises, except such as i5
produced by the occupants on the
premises, and no mechanical or electrical
equipment shall be installed or main
tained other than such i5 customarily
Incidental to domestic use.
d. The use does not change the
character of the dwelling or adversely
affect the uses permitted in the
residential district.
e. The use creates no additional traffic
and requires no additional parking space.
f. No persons are employed other than
thse necessary for domestic purposes.
g. No more than one fourth of the gross
area of one floor of said dwelling is used
for Such use.
Is. The entrance to the space devoted to
such use if from within the building and
no internal or external alterations or
construction features not customary in
dwelling are involved.
Parcel -A unit of land of contiguous
quantity in the Ownership of and
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Utility, Public -Any person or municl•
pal department, duly authorized to
furnish to the public under public
regulations, electricity, gas, steam,
telephone, transportation, water, schools,
sewer service and garbage service, and
broadcasting and relay stations.
Unit. Dwelling -One or more rooms
designed for. or used as a residence for
not more than one family, including all
necessary household employees of such
family, and constituting a separate and
independent housekeeping unit, with a
single kitchen permanently Installed. The
term does not imply or Include such types
of occupancy as a lodging or boarding
house, club, sorority, fraternity or hotel.
Use -The purpose for which land or a
building thereon is designed, arranged or
intended or for which it is occupied,
maintained or leased
Use. Condlttonal-The term Conditional
Use shall mean a use or occupancy of a
structure, or use of land, permitted only
upon issuance of a Conditional Use
Permit and subl ect to the limitations and
conditions specified herein.
Use, Nonconforming -Any use lawfully
occupying a building, structure or land at
the effective date of this Ordinance, or of
subsequent amendments thereto. which
does not conform (0 the reputations for
the district in which it i5 located.
Use, Principal -The main use of land or
buildings as distinguished from a
subordinate or accessory use.
1.4 ZONING CERTIFICATES
1-4.1 Zoning Certificate, General:
Except as otherwise provided in Section
1-4.3, a Zoning Certificate shall be
obtained and required for every building
or structure erected or moved Into any
zoning district or land use classification,
and for every new use of land.
T-4.2 Zoning Certificate, Application:
Every application for a permit or license
affecting the use of land or of a structure
shall be deemed to be also an application
for a Zoning Certificate. In the case of a
new use, where no other permit or
license is required, an application for a
Zoning Certificate shall be filed on a
separate form.
1-4.3 Zoning Certificate, Not Required:
No Zoning Certificate shall be required
for any of the following specified uses and
structures.
a. A building of a nonindustrial
character. owned and occupied by the
City or other governmental agency, but
not inctuding a storage garage, machine
shop, corporation yard or incinerator:
b. Pub!, Cly owned park, playground or
golf course;
c. Lawful minor accessory uses, not
requiring any Other permit or license.
and
d. Lawful signs of a type for which no
building permit or sign permit is
required.
1-4.4 Zoning Certificate, Lapse: A
Zoning Certificate Shall lapse and become
void whenever the building permit or
license either lapses or is revoked, or
whenever the use or oCcupancY Specified
has ceased to exist, or has been
suspended for six (61 months or longer. A
Zoning Certificate authorized by an
appeal or by a Conditional Use Permit as
regulated herein, shall include reference
to any limitations or conditions to which it
i5 subject and shall lapse and become
void if not exercised within one (1) year
from the date of issuance, except when a
longer or shorter term of validity i5
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lands consistent with the future growth
and development of the city, In order to
promote the public health, morals, safety
and welfare of the inhabitants thereof, to
g lve suggestions and advice to individuals
concerning landscaping or location of
buildings, structures or works to be
erected, constructed or altered by or fore
such Individual. The Commission may
cooperate with other and like comml3-
slons along the lines and purposes
prescribed in Sections 50-1101 through
50.1106 of the Idaho Code.
PROCEDURES FOR AMENDMENT
OR ZONING DESIGNATION CHANGE
7-2.1 General: Whenever the public
necessity. convenience, general welfare,
or good zoning practices require, the City
council may, by ordinance after receipt of
recommendation thereon from the Platt
nine Commission and subject to prece•
dures provided by law, amend, suppkt
ment, change or repeal the reguletlony
restrictions and bondaries or classified
hon of property.
Initiation of Zoning Amendments:
Amendments to this ordinance may be
initiated in one of the following ways:
a. By adoption of a motion by the
Planning and Zoning Commission;
b. By Adoption of a resolution by City
Council;
c. By the filing of an application by al
least one (1) owner or lessee of holder of a
valid option of (on) property within the
area proposed to be changed or affected
by said amendment.
2-2.3 Contents of Application: The
application for amendment shalt contain
at least the following information:
a. Name, address, and phone number of
applicant;
b. Proposed amendment to the text or
legal description;
c. Present use;
el. Present zoning district;
e. Proposed use;
1. Proposed zoning district;
g. A vicinity map at a scale approved by
the Zoning Administrator (i. e. Mayor)
showing property lines, streets, existing
and proposed zoning and such other items
as the Zoning Administrator (i. e. Mayor)
may require;
h. A li5t of all property owners within,
contiguous to, directly across the Street
from, and within a 300' radius of the
parcel(s) proposed to be rezoned;
i. A statement on how the proposed
amendment relates to the comprehensive
plan
. A receipt showing that a fee of
twenty-five dollars (025.00) has been paid
to the City of Eagle.
2.3.4 Transmittal to Planning and
Zoning Commission: Within 7 Osys after
the adoption of a resolution by the City
Council or filing of an application by at
(east one (1) owner or lessee or holder of a
valid option of (on) property, said
resolution or application shall be trans-
mitted to the Planning and Zoning
Commission.
2-2.5 Public Hearing by Planning
Commission: The Planning and Zoning
Commission shall schedule a public
hearing after the adoption of a motion,
transmittal of a resolution from City
Council or the filing of an application for
zoning amendment Said hearing shall be
not more than thiry (30) days from the
date of the receipt of such motion,
transmittal of such resolution, or the
f41ng of such application.
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"and for an aemorizeo usereno occupancy
therea . accordance with the law prior
to the effective -date of this ordinance.
said building or structure rgay be
complettsdd in conformance with the
approved`p/Sns and on the basis for which
the said building permit and zoning
certificate had been issued, provided
construction of said building or structure
is commenced within sixty (601 days of
the effective date of the building permit
and diligently prosecuted to completion
1-1.5 Enforcement; All departments,
Officials and employees of Eagle vested
with the duty of authority to issue permits
shall conform to the provisions of this
ordinance and shall issue no permit or
license for uses. buildings. or purposes in
Conflict with the provisions of this
ordinance; and any Such permit or 809
business license issued in conflict with the
provisions of this ordinance shall be null
and void.
1-2.1 Violation; Any person, firm or
Corporation violating any of the pro-
visions of this ordinance shall be deemed
guilty of a misdemeanor. and Subject to
the provisions of Ordinance No. 15
adopted the 12th day of March. 1974 by the
City of Eagle.
1-3.1 Definitions and G 1 Provi-
sions; As used in this ordinanceeach Of
the terms defined shall have the meaning
given in this section unless a different
meaning is clearly required by the
context. All words used in the present
tense shall Include the past tense and
plural words shall include the singular,
unless the natural construction of the
sentence indicates otherwise.
Agriculture—T+Hina 0f sod, horticul-
ture, floriculture, forestry, viticulture,
raising crops. livestock, farming, dairy
ing and animal husbandry including alt
uses customarily accessory and inci-
dental thereto; but excluding slaughter
houses, fertilizer works, bone yards and
commercial feed lots including cattle
feeding and the feeding of garbage or
offal to swine or other animals or plants
for the reduction of animal matter.
Alterations. structural—Any change,
other than .._,dental repairs, which
would prolong the life of the supporting
members of a building or Structure, such
as bearing walls, columns, beams and
girders.
Apartment—A room or suite of rooms
in a multiple.family Structure which is
arranged, designed or used as a single
housekeeping unit and has complete
kitchen and sanitary facilities per-
manently installed.
Area. Gross Floor—The sum of gross
horizontal areas of the several floors
1 Inside the exterior walls of a building or
b portion thereof.
kV Area. Net Floor—That portion of the
gross floor area of the building occupied
'4 by the listed use or uses and shall Include
+rl. hallways, Storage and packaging space.
'AI dressing or rest rooms and laboratory or
work rooms, provided however, that floor
space within the building reserved for
parking or loading of vehicles, and
basement space used only for building
maintenance and utilities shall be
excluded.
Area, Private Parking—Open, graded
and surfaced area, other than a street or
public way, designed, arranged and made
available for the storage of private
passenger automobiles of occupants of
the building or buildings for which the
parking are Is developed.
Area. Public Parking—An open area,
other than a street or alley, used for the
temporary parking of more than four
automobiles and available for public use
whether free, for conpensatlon or as an
accommodation for clients or customers.
Area, Setback—The space on a lot
required to be left open and unoccupied
by buildings or structures. either by the
front, side or rear yard requirements of
this ordinance. or by delineation on a
recorded subdivision map.
Building—Any structure with substan.
tial walls and roof securely affixed t0 the
Es aOtiSm—..0e
aus-rn.ea,.n,.,-
ment, oth an automobile service
station, whi Is designed to accommo
date the motor vehicles of patrons in such
a manner as t0 permit the occupants of
such vehicles, while remaning therein, to
make purchases or receive services.
Family—An individual or a collective
body of persons. doing their own cooking.
and living upon the premises as a
separate housekeeping unit.
Grade—The elevation above sea level
of the finished surface of the ground
adtacent to the vertical midline of any
exterior wall of the building or structure.
H eight, Building—The vertical distance
from the grade t0 the highest point Of the
coping of a flat roof or t0 the deck line of a
mansard roof or the average height of the
highest gable of a pitch or hip roof.
H ome. Mobile—A detached single
family dwelling unit with.ail the following
characteristics:
a. Designed for long term occupancy
and containing sleeping accommoda
tions, a flush toilet, a tub or shower bath
and kitchen facilities with plumbing and
electrical connections for attachment to
outside systems.
b. Designed to be transported after
fabrication On its Own wheels Or on flat
bed or other trailers or detachable
wheels.
c Arriving 8t the site where it i5 to be
occupied as a complete dwelling- usually
including major appliances and furniture,
and ready for occupancy except for minor
and incidental unpacking and assembly
operations, location of foundation sup-
ports, connection to facilities and the like.
Home. Nursing—A building housing
any facility, however named, whether
operated for profit or not, the purpose of
which is to provide skilled nursing care
and related medical services for two or
more individuals suffering from illness.
disease. injury, deformity or requiring
care because of old age.
Home, Prefabricated—A detached
single-family dwelling unit with all the
following characteristics:
a. Designed for long term occupancy
and containing sleeping accommoda
}ions, a flush toilet, a tub or shower bath
and kitchen facilities with plumbing and
electrical connections for attachment to
outside systems.
b. Designed to be transported after
fabrication on its own wheels or on flat
bed or other trailers or detachable
wheels.
c. Arriving 8t the site where it Is t0 be
occupied as a dwelling, and requiring
extensive assembly and finish before it is
ready for occupancy.
Prefabricated homes become real
property once they are set on their
foundations.
Hospital—An institution devoted pri-
marily t0 the maintenance and operation
of facilities for the medical or surgical
care of patients far twenty-four (24) hours
or longer. The term "Hospital" does not
include clinic, convalescent, nursing or
boarding homes. or any institution
operating solely for the treatment of
mentally ill persons, drug addicts, liquor
addicts or other types of cases necessitat-
ing forcible confinement of patients.
Hospital, Animal—Any building or
portion thereof designed or used for the
care or treatment of cats, dogs or other
animals.
Hotel—A building containing six (6) or
more bedrooms where over -night lodging
without individual cooking facilities I5
offered to the public for compensation
primarily for the accomodatton of
transient guests.
House, Apartment—Any building, or
portion thereof, whlcfcls designed. built.
rented, leased, let br hired Mit to be
occupied and which 15 occupied as the
home or residence of two or more families
living independently of each other and
doing their own cooking in the said
building, and shall include flats and
apartments.
Housing, Elderly—See Home. Nursing
ort
Park. Mobilearea, tract.
plot or site of lend, 0Op0n two or
more.mo'bile homes are.placod, located
and maintained for dwelling purposes On
a permanent or semipermanent basis
and for which a lee. rental or contract for
Payment for Such use is collected by or
collectable to the person holding the land
Repair—The reconstruction or renewal
of any part of an existing building for the
purpose of its maintenance. The word
"Repair" or "Repairs" shall not apply t0
any other change in a structure such as
would be required by additions to or
remodeling of such structure.
Restaurant—Any and, budding or part
thereof. other than a boarding house,
where meals are provided for compensa-
tion, including. among others. such uses
as cafe, cafeteria, coffee shop. lunch
room. tea room and dining room or where
an establishment requires its patrons to
eat meals while remaining therein.
School—An institution conducting reg-
ular academic instruction at elementary.
secondary and college levels.
Space, Parking—Usable space within a
public or private parking area or a
building, not Less than one hundred and
eighty ()B0) square feet, (nine feet by
twenty feet). exclusive of access drives.
aisles Or ramps for the storage of one
passenger automobile or commercial
vehicle.
Stable, Private—A detached accessory
building or structure for the keeping 01
one or more horses or cows owned and
used by the occupant of Me premises and
not for remuneration, hire or sale.
Stable, Riding—A building or structure
used or designed for the boarding or care
of riding horses.
Station, Automobile Service—Premises
where gasoline, motor oils, lubricants and
grease for the operation of motor vehicles
are retailed directly to the public on the
premises and including tires, accessories,
services and minor motor vehicle repairs
and maintenance.
Story—That portion of a building
included between the upper surface of
any floor and the upper surface of the
floor next above, except that the topmost
story shall be that portion of a building
included between the upper surface of the
topmost floor and the ceiling or roof
above. 1f the finished floor level directly
above a basement or cellar is more than
six 16) feet above grade, such basement
or cellar shall be considered a story.
Street—The public right-of-way which
provides vehicular and pedestrian access
to ad)acent properties. The term "Street"
includes also Inc terms highway, thor-
oughfare, parkway, thorOughway, road,
avenue, boulevard. lane, place and other
such term.
Street, Arterial—A street designated as
an arterial street by the Council. It is the
primary purpose of an arterial street to
carry fast or heavy traffic.
Street, Collector—A street designated
as a collector street by the Council. A
collector street has the primary purpose
of carrying traffic from minor streets to
other collector streets and arterial
streets.
Street Frontage—A minor street,
parallel to and ad)acent to an arterial
Street, which has the primary purpose of
providing access to abutting properties.
Street, Minor—A residential street not
otherwise designated In the Comprehen.
sive General Plan but not including
alleys. It Is the purpose of a minor street
to provide access to abutting properties.
Structure—Anything constructed or
erected, except fences not exceeding four
(4) feet In height, which requires
permanent location on the ground Or 15
attached to something having location on
the ground.
Tavern—A building where alcoholic
beverages are Sold for consumption on
the premises, not including restaurants
where the principal business is serving
food.
Townhouse—A separ rite's. owned
CHAPTER TWO
ADMINISTRATION
2.1 ADMINISTRATIVE BOO
OFFICIALS: COMPOSITION
TIES
2.(.1 The City Council: The Ci
nc I IS me and place of the pUb(le Kieft
of Eagle shall be composed and FIitted as Incattire of Inc proposed amw,d9
prescribed by the City Charter and by and a statement that altering ennui
other ordinances of the City of Eagle. The of such public hearing, the,malgr yr)
City Council of Eagle shall act upon all referred to the City Coundli far ti
recommendations by the Planning and determination.
Zoning Commission as to adoption of and 24.7 Notice to Property Owneramendment to elements of the Master Planning and Zoning COmmfulont 1
Pian of Eagle and as t0 the adoption of proposed amendment 10 re5ene w
and amendment to zoning orct nances and notice of the hearing shall be'maij
any other ordinances which affect the the Planning and Zoning Conlm(il
physical growth and development of the least fifteen (15) days before Med
City Of Eagle, or land uses within the City the hearing to all owners o1 pr
of Eagle. contiguous t0, directly across the
The City Council shall also hear appeals from and within a 300' radius
from decisions of the Planning and Zoning parcel(s) proposed to be rezone
Commission, as allowed for in Section notice shalt contain the same infor
2.2.19 through 2-2.26 below. as required of notices publis'
2-1.2 The Mayor: The Mayor of Eagle newspapers a5 specified In Sectio
shall be chosen as prescribed by the City 2.2.8 Action by Planning and
Charter and by other ord.ances of the City Commission: Within fifteen) (1)
a1 Eagle. The Mayor shall sit a5 a alter the public hearing prov
nonvoting member OI the Planning and Section 7-2.5, the Planning and
Zoning Commission. Commission shall make a recon'
The Mayor of Eagle for his duly tion to grant the amendment, or
authorized representative) shall: be table the item for reasons spec
primarily responsible for administering Section 2.2,90. The recommendatl
the recommendations of the Planning and be in writing and include finding,
Zoning Commission as approved by the to support the public health, sal
City Council; issue permits; investigate welfare by relating to but not 1(
requests for permits or other action; and the following:
insure compliance with the requirements a. Conformance with Master
of such permits according to the the City of Eagle;
recommendations of the Planning and b. Existing and future cap
Zoning Commission as approved by Me public facilities; and
City Council. c. Compatabllity with surr
2.1.3 The Planning and Zoning Com. zoning and development.
mission: The Planning and Zoning 2-2.9 Fling the Recommentlat
Commission of the Cly of Eagle shall be written recommendation shall
composed of not less than six and not with the City Clerk within seven
more than twelve members, all of whom In the event information of a s,
reside within the Eagle Planning Study technical nature is required, the
Area and no fewer than onehalf Of whom & Zoning Commission may table
reside within the City of Eagle. The and request the applicant to pros
Commission shall elect its own Chairman, Information and require the eel
Vice Chairman. and Secretary and create pay the full cost thereof. as a col
and fill other such offices as It may further consideration by the Plar
determine it requires. Zoning Commission. After been
Each Of the members of the Planning such information 58115facioi
and Zoning Commission shall be ap• Planning and Zoning Commiss
pointed by the Mayor and confirmed by have fifteen (15) days t0 1
the City Council of Eagle. The Planning recommendation.
and Zoning Commission may submit to 2.2.10 Decision by the City Cc
the Mayor recommendations on appoint. its next regular meeting a
ments to the Planning and Zoning Commission has filed its reco
Commission. No more than one-third of 'Ions with the City Clerk, the Cot
the members of the Planning and Zoning either approve, disapprove or n
Commission shall be persons engaging In recommendation of the Comm
those professions concerned with the amending or modifying the reco
buying and selling, Subdivision or tion of the Commission, the Coi
development of real estate, Including the Impose more restrictive regul
building and construction Industries and standards, but the Council Is 1
suppliers thereto. The term of office for from granting less restrictive rig
the first appointive members appointed to or standards as recommends
such commission shall be two (2), four (1) Commission.
and six (6) years, to be determined by lot. 2-3 PROCEDURES TO AME
Thereafter, the term of office for each MASTER PLAN
appointive officer shall be six (6) years.
Vacancies occurring otherwise than 2-3.1 General: The Master PI
through the expiration of terms shall be revised according to the
filled by Inc Mayor, and confirmed by the Procedures:
City Council. a. Any member of the Pia
The Planning and Zoning Commission Zoning Commission, the City C
members are required to attend all written petition of 10 per 0
scheduled meetings or give notification of residents of Eagle may initial
their absence. Failure t0 attend or give t0 the Planning and Zoning C
notice of absence for three (3) consecu- to change the Mosler Plan.
Hue meetings will result In a request for b. The Planning and ZOnin
Meir removal, sion shall review requests to
It shall be the duty of the Planning and plan and hold public hear
Zoning Commission to recommend ani notice, on such requests, pure
make suggestions to the City Council for procedure set forth In Sectio
the adoption of a long-range comprehen- 2.2.6 Of this ordinance.
slue plan for Inc physical development ct c. The Planning and Zonli
Inc city, for the formation of zoninl Slon will .I(�gpAke recommend.
districts. to make suggestions concerning City' C incCi-
the laying out, widening, extending and d. he City Council will
locating of streets, roads and highways recamrpentlatfons of Inc PI
for the relief of traffic, to make Zonln9 Commission, Inc re
suggestions concerning density of papule
public hearing, and accept
Von and development of land within the modify the recommendation
respective suggestions
of the city, , Procedure set forth In
make suggestions concerning the fatal e and 2.2.9. „tee. c/so rr+
cIIOn 2.25, rpt
be given by
1 Ce nmtssyn f
ldays before tliis de
heerirg. Thee notice shall Set 1
and for an atehorized use and OCCUllAney Esiablisls t, DFive.hr-AA establish• of land.
therew --r• ecr0rdance with the law prior ment, other Jn an automobile service park. Mobile'PTOnt area, tract, CHAPTER TWO
to Me effective date of this ordinance, station, which Is designed to accommo- plot or site of land. wh eupon two or ADMINISTRATION
said build g or structure 'pay be date the motor vehicles of KM '11 m
more.oblle tones are placed. located 2'1 ADMINISTRATIVE BOD
complaint in conformance with the a manner as to permit the ZIMIP8n'S of and maintained for dwelling purposes on OFFICIALS; cYMP9SITION . est•. _
approve ns and on the basis for which such vehicles, while remaining therein, to a permanent or semi. permanent basis TIES
the said building permit and zoning makepurchases or receive services. and for which a fee. rental or contract for 2.1.1 The City Council: The CI .Unca
certificate had been issued, provided Family—An individual or a collective payment for such use is collected by or of Eagle shell be coinnosedand acoted as
-• h•v +fie City Charter and by
construction of said building or structure body of persons, doing their own cook -ng,
is commenced within sixty (60) days 01 and Living upon the premises as a
the effective date of the building permit separate housekeeping unit.
and diligently prosecuted to completion. Grade—The elevation above sea level
1-1.5 Enforcement; All departments, of the finished surface of the ground
officials and employees of Eagle vested adjacent to the vertical midline of any
with the duty of authority to issue permits exterior wall of the building or structure -
shall conform to the provisions of this Height, Bullding—The vertical distance
ordinance and shall Issue no permit or from the grade toythe highest point of the
license for uses, buildings, or purposes in coping of a flat roof or to the deck line of a
conflict with the provisions of this mansard roof or the average height of the
ordinance; and any such permit or any highest gable of a pitch or hip roof.
business license issuedin conflict with the Home, Mobile—A detached single -
provisions of this ordlnance shall be null fami I dwelling unit withal) the following
and void. characteristics-
1-2.1 Violation; Any person, firm or a- Designed for long term occupancy
corporation violating any of the pro- and containing sleeping accommoda.
visions of this ordinance shall be deemed tions, a flush toilet, a tub or showier bath
guilty of a misdemeanor, and subject to and kitchen facilities with plumbng and
the provisions of Ordinance No. 15 electrical connections for attachment to
adopted the 12th day of March, 1974 by the outside systems.
City of Eagle. b. Designed to be transported after
1-3.1 Definitions and General Provi- fabrication on its own wheels or on flat
sions; As used In this ordinance. each of bed or other trailers or detachable
the terms defined shall have the meaning wheels.
given in this section unless a different c. Arriving at the site where it is to be
meaning is clearly required by the occupied as a complete dwelling, usually
context. All words used in the present including major appliances and furniture.
tense shall Include the past tense and and ready for occupancy except for minor
plural words shall include the singular. and incidental unpacking and assembly
unless the natural construction of the operations. location of- foundation sup
sentence indicates otherwise. ports, connection to facilities and the like.
Agriculture•—Tilling of sol 1, horticul• Home, Nursing—A building housing
ture, floriculture, forestry. viticulture,
raising crops, livestock, farming, dairy -
:0g and animal husbandry including all
uses customarily accessory and inci-
dental thereto; but excluding slaughter-
houses, fertilizer works bone yards and
commercial feed lots Including cattle
feeding and the feeding of garbage or
offal to swine or other animals or plants
collectable to the persaon holding the land. P -
Repair—The reconstruction or renewal other ord nances of the City of Eagle. The
of any part of an existing building for the City Coundl of Eagle shall act upon all
purpose of its maintenance. The word recommendations by the Planning and
"Repair" or"Repairs" shall 1101 apply to ming Corrie 531 +as tptidoption of and
any other change in a structure such as amendment tlf 6611Tenh of the Master
would be required by additions to or Plan of Eagle and as to the adoption of
remodeling of such structure. andamendment to zoning ordinances and
Restaurant—Any land, building or part any other ordinances which affect the
thereof, other than a boarding house, Physical growth and development of the
where meals are provided for compensa. City of Eagle, or land uses within the City
Hon, including, among others, such uses of Eagle.
as cafe. cafeteria, coffee shop. lunch The City Council shall also hear appeals
room, tea room and dining room or where from decisions of the Planning and Zoning
an establishment regdires its patrons to Commission, as allowed for In Section
eat meals while remaining therein. 21.18 through 2.2.26 beim..
School—An institution conducting reg. 2.1.2 The Mayor: The Mayor of Eagle
ular academic instruction at elementary. shall be chosen as prescribed by the City
secondary and col lege levels. Charter and by other ordiaflces of the City
Space, Parking—Usable space within a of Eagle. The Mayor shall sit as an
public or private parking area or a novot)ng member of the Planning and
building, not less than one hundred and Zoning Commission,
eighty (180) square feet, (nine feet by The Mayor of Eagle (or his duly
twenty feet), exclusive of access drives, authorized representative) shall: be
aisles or ramps for the storage of one Primarily responsible for administering
passenger automobile or commercial the recommendations of the Planning and
vehicle. Zoning Commission as approved by the
Stable, Private—A detached accessory City Council; issue permits: investigate
building or structure for the keeping of requests for permits Or other action; and
one or more horses or cows owned and insure compliance with the requirements
used by the occupant of the premises and of such permits according to the
not for remuneration, hire or sale.
Stable, Riding—A building or structure
any facility. however named, whether used or designed for the boarding or care
operated for profit or not, the purpose of of riding horses.
which is to provide skilled nursing care Station, Automobile Service—Premises
and related medical services for two or where gasoline, motor oils, lubricants'and
more individuals suffering from illness, greasefortheoperatton of motor vehicles
disease, injury, deformity or requiring are retailed directly to the public on the
care because of old age. premises and including tires, accessories,
Home, Prefabricated—A detached services and minor motor vehicle repairs
single-family dwelling unit with all the and maintenance.
for the reduction of animal matterfollowing characteristic: Story—That portion of a but ng
Alterations, structural—Any change, a. Designed for long term occupancy included between the upper surface of
other than un- ,dental repairs, which and containing sleeping accommoda• any floor and the upper surface of the
would prolong the life of the supporting thins, a flush toilet, a tub or shower bath floor next above, except that the topmost
members of a building or structure, such and kitchen facilities with plumbing and story shall be that portion of a building
as bearing walls, columns, beams and electrical connections for attachment to included between the upper surface of the
girders. outside systems. topmost floor and the ceiling or roof
Apartment—A room or suite of rooms b. Designed to be transported after above. If the finished floor level directly
in a muitipie•famlly structure which Is fabrication on its own wheels or on flat above a basement or cellar is more than
arranged, designed or used as a single bed or other trailers or detachable six (6) feet above grade, such basement
housekeeping unit and has complete wheels, or cellar shall be considered a story.
kitchen and sanitary facilities per- c. Arriving at the s11e where It is to be Street—The public right-of-way which
manently Installed. occupied as a dwelling, and requiring provides vehicular and The pedtstrian " access
cess
Area, Gross Floor—The sum of gross extensive assembly and finish before it Is to adjacent propert
ies.horizontal areas of the several floors ready for occupancy. includes also the terms highway, thor-
inside the exterior walls of a building or Prefabricated homes become real oughfare, parkway. thoroughway, road,
portion thereof property once they are set on their such avenue, boulevard, lane, place and other
Area, Nat Floor—That portion of Inc foundations.
m.
gross floor area of the building occupied Hoopltal—An institution devoted prl Street, Arterial—A street designated as
by the listed use or uses and shall include marbly to the maintenance and operation an arterial street by the Council. I t Is the
hallways, storage and packaging space. of facilities for the medical or surgical primary purpose of an arterial street to
dressing or rest rooms and laboratory or care of patlentsfor twenty-four (24) hours carry fast or heavy traffic.
work rooms, provided however, that floor or longer. The term "Hospital" does not Street, Collector—A street designated
space within the building reserved for Include clinic, convalescent, nursing or as a
treehasthb Inct by opurpose
. A
parking or loading Of vehicles. and boarding homes, or any institution sil Cor
basement space used only for building operating solely for Mhe treatment of of carrying
raft cfrom streets m)nor or streets to
other
and utilities shall be mentally I11 persons, drug addicts, liquor
l
excluded addicts or other types of cases necessltat• streets.
Area, Private Parking—OPen, graded ,ng forcible confinement of patients. Street Frontage --A minor street,
and surfaced area, other than a street or Hospital, Animal—Any building or parallel to and adjacent to an arterial
public way, designed, arranged and made portion thereof designed or used for the street, which has the primary purpose of
available for the storage of private care or treatment of cats, dogs or other providing
rongaccess
ss 1attlng proisMeo r—A residential eet n
passenger automobiles of occupants W animals.
the building or buildings for which the Hotel—A building containing six (6) or otherwise designated in the Comprehen• their removal.
parking are Is developed. more bedrooms where overnight lodging sive General Plan but not Including It shell be the duty of the Panning AIM
Area. Public Parking—An open area, without indiividual cooking facilities is alleys. It is the purpose of a minor street Zoning Commission 04 he Planning
ani
Other than a street or alley. used for Inc offered to the public: for compensation to provide access to abutting properties, make suggestions n the City Council fey
temporary parking of more than four primarily for the accomodatlon of Structure—Anything constructed or Inca sugge of a lto the Cit co Calan ler
erected, except fences not exceeding four sive plan for the phygcel i evComP entef
automobiles and readable for public use transient guests. (4) feet In height, which requires the play, tet the formation of motor s
whether free, for colIentS o c or as s. House, Apoftment IS sd building. or
ac reg. ttsin for cllenh or customer. portionted, thereof, Let B' desfpelil built, aermhed t location methl gn Inc ground or is districts, to make suggestions concerning s
iqutre 90 be l i'''% ante o a lot rented, ali'si al e1 hccu MI to be Inc attached to something having location an the -laying out, wlaeninp, extending ai11
_ locating Of streets. roads and highways r
by build to be left open and then by the home or and which Is occupied as Inc thTground. 1
buildings structures, either n Inc home or depen entl two r mother
beverages are sold for consumptlonoton for the relief of trait lc, to make
front, sideordinance,
n rear yard requirements a doing Independently 0dently of each other and Inc premises, not including restaurants suggestions concerning denSitY 01 poPela• I
this ordlnance, or by delineation on a build their own cooking a Inc said where Inc principal business Is serving tion and development of land within the
recorded subdivision meg. building, and shall include flats and food respective lurisdlctl on of Inc city. to
BulallsanAro structure with sub0 n apartments. make suggestions concerning the tutu'e
fiat walls and roof securely affixed to Inc Housing. Elderly—See Home, Nursing. Townhouse—A separately owned
'h
h...}n
the rig
and as
of lecf
relent
Wer'
2.24
Plante
ProPal
meal
the P
least 1
the ft
coring
from
notice
as ri
neon'
COtnl
atter
Sects
Cora
tion
table
Sect
be it
to5h
well.
thea
a.
the
recommendations of the Planning and b.
Zoning Commission as approved by the pub)
City Council. 0.
2.1.3 The Planning and Zoning Com- zon1
mission: The Planning and Zoning 2;
Commission of the City of Eagle shall be writ
composed of not less than six and not with
more than twelve members, all of whom In 11
reside within the Eagle Planning Study tette
Area and no fewerthan one-half of whom a Zr
reside within the City of Eagle. The and
Commission shall eteci.)4ts prn 51,crrrlAh info
Vice Chairman, and Setret do 66Te Pay
and fill other such offices as It may NI
determine it requi(rres..0 pj thLon
suc
andsch Zoning aC.1Yid
R(OII s14�I IPlbe nap• Pia
pointed
by the Mayor and Councill M Eagle. Theconfirmed
bY ti
ing re,
theCity
and Zoning Commission may submit to 2•
the Mayor recommendations on appoint, Its
ments to the Planning and Zoning Cor
Commission. No more than orte.third al tlor
the members of the Planning and Zoning eltt
Commission shp )LI. , aging 1n rec
those professibed 8.6hferii b with the am
buying and selling, subdivision or for
development of real estate, Including the jay
building and construction Industries and ata
suppliers thereto. The term of office for icy
the first appointive members appointedor
such commission shall be two (2), tour (41 Cf
and six (6) years, to be determined by bol. 1
Thereafter, the term of office for each MI
appointive officer shall be six (6) vearj.
Vacancies occurring otherwise than
through the expiration of terms shall ye re
filled by the Mayor, and confirmed by Inn Pr
City Council.
The Planning and Zoning Commisslal 01
members are required to attend ail yr:
scheduled meetings or give notification of 11
their absence. Failure to attend or give 14
notice of absence for three (3) concent- 18
t)ve meetings will result In a request for sj
16
N
W
age Vduey 1' -",'-sus- 118211es, 112en1O18i1,
ards, open spaces, walls and fences,
arking, loading. landscaping and such
they features as are required by ths
rdinance;
c. That the site will be served by streets
f capaclfy,sufflcient to carry the traffic
enerated by the proposed use,
d. That the proposed use, if It complies
nTffi aTl conditions upon which approval is
lade contingent, will not adversely
ffect other property of the vicinity; and
e. That the proposed use is such that ,t
(necessary to require higher standards
f site development than listed specifl.
ally in this ordinance In order to
orrelate the proposed use to other
roperty and uses in the vicinity. If such a
eterminatlon is made, the Commission
tall find that the site is of sufficient size
I accommodate the proposed use. and all
Jch standards so determined to be
ecessary shall bespecifled in the permit.
24.5 Conditional Use, Limitations: It
tall not be the Intent of this section to
tstrict or specify the particular archi
Mural design proposed or to specify the
cterior detall or design color or
taterlals proposed by the applicant,
ccept es such detail is of such magn.tude
l to affect the general appearance and
tmpatibility of the development with it
>rroundings. The Commission..n acting
eon the application, shall provide that
oproval of a Conditlonai Use Permit
tall be contingent upon acceptance and
zservance of specified conditions, in
tiding but not limited to the following
.afters.
a. Conformity to approved plans and
tecificattons.
b. Open spaces, buffer straps, walls.
aces, concealing hedges. landscaping,
Olt)no.
c. Volume of traffic generated. require
Tents for Off-street parking, vehicular
memento within the site and points of
,hlcular ingress and egress;
d. Performance characteristics, re -
ted to the emission of noise, vibration
red other potentially dangerous or
tlectionable elements;
e. Limits an time of day for the conduct
specifled activitles;
1. The term of a permit, or the per,gd of
me for which a permit is Issued shall not
meed one (1) year, unless, upon request
the holder, the Commission grants
Iccessive extensions or renewals for
ich term or period not to exceed one '. 1
tar for each such extension or renewal.
le Commission shall also fix the time or
lriod within which the permit shall be
tercised or perfected, otherwise said
trmit shall lapse.
9. Guarantees as to compliance with the
rms of the approval:
h. Outdoor advertising, including the
ember, location, color, size, height,
)hting and landscaping of outdoor signs
id structures as related to creation of
attic hazards and appearance in
trmony with surrounding development
td community objectives; and
Street dedications and public !m
'memento on property frontages.
2.4.6 Modification. Extension and
evocation: Upon request of the holder of
Conditional Use Permit, the Commis
on may modify or extend the term,
indltions and limitations of said permit
accordance with the limitations and
tquireme,tts of Section 2.4 5. The
tmmisslon may revoke or modify, upon
Mee and hearing, a Conditional Use
emit for the breach or violation of any
mdition or limitation of said permit
24.7 Appeal to the Citjt Council: The
tplic ret or holder of ,a Conditional Use
ermifor any pwneirof property within a
free hundred (300) foot radius ret the
cterior boundaries of the subject
•operty may appeal to the City Council a
tcislOn by the Playing and Zoning
smmission. Such appeal shall be filed
ith the City Clerk within twenty (20)
lys of the Commission decision. The
(peal shall specify the grounds upon
hlM the appeal is being taken. The City
.erk shall transmit to the City Council all
:e papers constituting the record upon
hlch the action appealed from was taken
r consideration. Within sixty (60) days,
ie City Council shall decide for or
Taint the applicant and be bound by the
'ovlsions as set forth in Section 2.5 3
24.8 Stay of Proceedings: An appeal
ays all proceedings In furtherance of the
:tion appealed from unless he Mayor or
lanning and Zoning Commission cert]
es to the City Council after the appeal is
led, that by reason of facts presented in
*zoning certificate, a stay would. in his
heir) opinion. cause Imminent peril to
re or property.
24 PROCEDURE FOR VARIANCES
24.1 Variances: The City Council may
ithorize upon appeal in specific cases
ich variance from the terms of this
•dlnance as will not be contrary to the
tbllc interest where a (iteral enforce-
ent of the provisions of this ordinance
ould result In unnecessary hardship as
!fined and set forth in Section 2.5.2
slow. No non•contorming use of neigh -
>ring lands, structures, or buildings in
e same district and no permitted or
,n. conforming use of lands, structures,
• buildings In other districts shall be
moldered grounds for issuance of a
'Hance.
23.2 Application and Standards for
ariances: A variance from the terms of
.Is ordinance shall not be granted by the
Ity Council unless and until written
(plication for a variance is submitted to
r !MY IC 1V-7PUBLIC NO1'EES -- OF
hearing within thirty (30) days after Inc
receipt of an application for a variance
from the Zoning Administrator or an
applicant.
23.5 Notice of Public Nearing in
Newspaper: Before holding the public
hearing required in Section 2-5.4, notice of
such hearing shall be given in one or more
newspapers of general circulation of the
City at least ten 1101 days before Inc date
of said hearing The notice shall set forth
the time and place of the public hearing,
and the nature of the proposed variance
2.5.6 Notice to Parties in Interest:
Before holding the public hearing
required in Section 25.4, written notice of
such hearing shall be mailed by the
Chairman of the City Council, at least ten
(10) days before the day of the hearing to
all applicants and property owners within
a boundary of 300' from the applicant's
property The notice shall contain the
same information as required of notices
published in newspapers as specified in
Section 2.53.
2.5.7 Action by City Council: Within
thirty 1301 days after the public hearing
required in Section 23.4, the CIty Council
shall either approve, approve with
supplementary conditions as specified in
Section 2.5.3, or disapprove the request
for variance. The City Council shall
further make a finding that the reasons
set forth in the application justify the
granting of the variance that will make
possible a reasonable use of the land,
building or structure. If the request for
variance is dented, the applicant may
seek relief through the State District
Court.
2-6 PROCEDURE FOR MAJOR IM-
PACT DEVELOPMENT
2.6.1 General: It Is recognized that
some developmedt is of such character
and size so as to have a major impact
upon the City of Eagle. To protect the
health. safety and welfare of the
community. developments which may
have major impact on the community will
be subjected to a different and more
detailed procedural and substantive
review.
2.6.2 Developments of Major Impact:
The following uses are found to be
developments of mator Impact:
a. Planned Unit Development;
b. Subdivision;
c. Mobile Home Court;
d. Community Shopping Centers; and
e. Hotels, motels or places for transient
lodging.
2-6.3 Requirement of Permit: No person
shall sell or offer for sale any interest in
any development of mayor impact in the
City of Eagle, or commence construction
on such development, or commence
development without a permit. Such a
perms t is to be signed by the Planning and
Zoning Commission Indicating approval
of the development. No permit shall be
issued unless and until the requirements
of this ordinance have been complied
with.
24.4 Permit Application: An applies.
Hon for permit shall be filed with the City
Clerk, and shall contain the following:
a The applicant's name, address and
the addresses of each of the applicant's
offices in the State, and where the
applicant is not an Individual, municipal-
ity or State agency, the form, date and
place of formation of the applicant;
b A copy of the Planning Inventory;
and
c. Payment of a permit application fee
of 575.00 payable to the City of Eagle.
24.5 Requirements for Planning In-
ventory: An applicant shall submit, in
order for the Planning and Zoning
Commission to determine whether the
proposed development meets' Inc public
health, safety and welfare requirements,
a Planning Inventory. The Inventory will
contain at least the following Information
arta will be presented on a site map, a plot
plan, an elevation drawing or in narrative
form as specified:
a. The number and location of all
structures and uses which will generate
sanitary wastes, an estimate of the
a)nounts generated daily and seasonally,
the plan for the disposal a/ sanitary
wastes, and the relationship of the plan to
the existing sewer system of Eagle. (Site
map and plot plan)
b. The number and location of all
structures which will require the use of
water, characteristics of the water supply
to be used, the actual water plan of the
development, and the relationship of the
plan to the existing water system of
Eagle. (Site map, plot plan and
narrative)
c. The characteristics of the land such
as material, soil types, permeability,
lands forms, physical features, existing
drainage pattern, and hydrological char-
acteristics; relevant information on
easements, legal rights and responsibil-
ities to water and drainage ditches and
canals; changes in the drainage char-
acteristics as proposed by the develop-
ment; the actual plan for drainage and
drainage water treatment, if any (such as
sedimentation operations, skimmer oper-
ations, or other treatment). (Site map,
plot plan and narrative)
d. All ingress. egress and other access
plans for all structures and uses in the
development, and characteristics of
structures and uses which create special
or unusual needs for fire protection
services, devices, or water and water
pressure. (Plot plan and narrative)
e. The number of dwelling units and
bedrooms per unit planned for the
development, the amount of play and
other child -oriented facilities planned for
treatments. (Site map, narrative)
2.6.6 Definitions of Site Map and Piot
Plan:
a. Site Map—Existing natural and
manmade features of undeveloped site.
b. Plot Plan—Shows the property under
consideration, professionally drawn to a
scale not less than one inch equals thirty
(30) feet and adequate to show all
pertinent information in proper location
and magnitude. If the cost of the proposed
development or improvement exceeds
55,000 (excluding single residential struc-
tures of four units or less), the drawings
shall be done by a licensed professional
engineer or architect. The ,nformation to
be shown on the plan shall include that
required by the Planning Inventory, as
specified in Section 2 2.31 and the
following:
1. Proposed name and purpose of the
development;
2. North point, scale, date of drawing,
drawing number,
3. Names and addresses of owner.
developer and preparer of the plan;
4. Legal description of property
boundary.
5. Existing structures and natural
features;
6. Contour lines at a contour interval not
less than 10 feet;
7. Location. width, surface type and
name of all existing or platted streets
within or adjacent to the property.
together with other rights -al -way, ease-
ments and land subdivision lines, and al:
existing utilities; and
B. Location. type, size or capacity of all
proposed utility facilities, including trash
storage areas.
2-6.7 Evaluation Criteria: Before con.
sidering an application. the Planning and
Zoning Commission will determine
whether the information -provided by the
applicants' Planning Inventory is ade-
quate. 1f the Inventory is adequate, the
Planning and Zoning Commission shall
have a maximum of forty.five (45) days
in which to consider the application. The
Commission shall use such information in
specifically finding whether or not:
a. There i5 water pollution (or other
unsanitary. unhealthy conditions) from
the sanitary sewer sytem. The capacity of
the sanitary system should be adequate to
dispose of the wastes of the proposed
development without system extensions
beyond those normally installed by the
developer.
b. Sufficient water is available per lot,
both physically and legally, for the
forseeable needs of the development, and
that the development will not cause an
unreasonable depreciation of an existing
water supply. The capacity of the water
system to provide for the needs of the
proposed development should be ade-
quate without depriving or interfering
with neighboring users of their water
supplies or water rights.
c. Sufficient drainage is provided. In
making this determination, the Commis-
sion shall consider the characteristics of
the land, soil, slope, existing drainage
patterns and hydrological features. The
capacity of the drainage facilities should
be adequate to dispose of and appro-
priately treat surface runoff of the
proposed development without system
extensions beyond those normally in.
stalled by the developer.
d. The Fire Department of the City is
able to provide fire protection without the
necessity of establishing a new station or
in the event a new station must be
established, the applicant shall be
assessed a fee to cover the cost of the new
station in proportion to the need for
additional Lire protection generated by
applicant's development.
e. The capaqty of Inc school system is
adequate to absorb the children expected
to inhabit a proposed development
without necessitating double sessions,
unitat scEedul)ng, or classroom over-
crowding.
1. The circulation plan conforms to the
Master Plan of Eagle and that the
capacity of street linkage and the street
system is adequate to provide for the
needs of the proposed development
without substantially altering existing
patterns or overloading the existing
street system beyond its planned capa-
cities.
g. Other public facilities (such as parks
and playgrounds) are adequate to meet
the additional demands for vital public
services without extension of services
beyond those provided by the developer
h. The design characteristics of the
proposal conform to the general char
atter of the community of Eagle as
expressed In the Master Plan.
i. There will be an undesired adverse
impact on existing, unique, and irrepla-
cable non -human life forms such as
plants, trees, shrubs, birds, animals, fish
or endangered species of any kind.
In the event that the Planning and
Zoning Commission finds that all the
criteria have been met by the applicant's
proposal except for .Section a pertaining
to the school system and Section g
pertaining to public facilities, the
Planning and Zoning Commission shall
notify the public facilities himself. He can
submit a plan for the same to the
Planning and Zoning Commission which
shall then approve, approve with modifl.
cations or deny the plan. If the Planning
and Zoning Commission appro0es the
plan, it shall require a performance bond
adequate to insure completion of Inc plan.
24.0 Permit Conditions: A permit may
contain such requirements and conditions
as are reasonably appropriate with
respect to the evaluation criteria specs
a. The sign area shall not exceed eight
(8) square feet.
b. No sign shall be placed in a location
where it obstructs the vision of on.coming
or side -street traffic.
3-10.4 Projection of Signs: No sign shall
project into the public right-of-way.
3.10.5 Excluded Signs: Signs erected for
the safety and convenience of the public
are not regulated by this ordinance.
LEGAL DESCRIPTIONS OF
ZONING MAP
Ce ZONE Ce is the central portion of
the existing commercial area containing
two complete blocks North of and
adjacent to Highway 44 and East of
Highway 69 and one block North of and
adjacent to Highway 44 and West of
Highway 69, plus two halt blocks South of
and adjacent to Highway 44, East of
Highway 69 and one half block South of
and adjacent to Highway, M West of
Highway 69. 1LAMOHT 1 cp. •
C.AeiZONE C-Ae The commercial area
of Me -City Zoned C-Ae consists of strip
bounded by the Eastern boundary of the
City and by a line 300 feet North of and
parallel to the North boundary of State
Highway 44 and by a line 150 feet South of
and parallel to the South boundary of
Highway 44 and extending 14estward to
Hie quarter section line of the S. E.
quarter of Section 8 T 4 N R 1 E Boise
Meridian, except that central portion
described as Zone Ce.
R -10e ZONE R -10e That portion zoned
as R-loe consists of an area bounded or
the East by the West line,of the Jackson
Park Subdivision, on the North by the
New Dry Creek irrigation Canal on the
North-West by irrigation lateral No. 20 0l
the New Dry Creek Irrigation System and
on the South by an Easterly -West line
lying 415 feet North of and practically
parallel to State Highway 44.
Zone R-MHe, for trailer courts, is In the
5 E portion of the city, bounded by the
commercial area on the north, Me
eastern and southern boundaries on the
city and the quarter section Zine east of
Hi. 69, plus the existing Mobile Manor
Trailer Court adjacent to the N. W. corner
of the described area.
R Se. The remainder of the city is zoned
R 5e: some portions of which require
special attention because they lay in the
flood plane area.
Passed by the City Council and
approved by the Mayor of the City of
Eagle, Ada County, Idaho, this 9th day of
July, 1914.
APPROVED:
J. Marvin Adams,
Mayor
ATTEST:
Judy Mendiola,
City Clerk
July 18. 1974
)INANCES OF THE CITY OF EAGLE, IDAHO
4cr
'et information as set forth below:
3-2.4 Uses Allowed: 3-5.1 Purpose: 11 is the purpose Of Me a. A statement of provisions for
a. Single or multiple family it ailing C•A classification to provide regulations ultimate ownership and maintenance of
nits according to or less 'than the f, commercial uses situated along all parts of the development, including
reser:bed density arterial roads. Since it has been found meetsstructures. and open spaces.
b- Accessory uses relating to single or Mat commercial operations on arterial b. Delineation of development staging,
tb. Accessory
iple family dwelling nits. roads frequently cause excessive traffic if any.
c Temporary building or relocatable congestion and depreciate Me public c. A tabulation of the total land area and
ui fan for construction purposes for a investment in roads and that such percentage thereof designated for various
erlpd not to exceed the duration of such operations are frequently unsightly, these uses
onstruchon. regulations are for the purpose of 3-7,3 Density: The total number of
3-2.5 Conditional Uses Permitted: regulating access to commercial and housing units allowed shall be determined
a. Home occupation, providing that not other uses along the arterial roads and by the total allowed on each portion of the
tore than one person not residing in the regulating the design. appearance, and total parcel, which is to be used for
ane building is employed, provided that layout in a manner consistent with residential uses, according. to the
II requirements of Me City, County, and reasonale standards. provisions Of the district in which each
tate Health Department are met. and 3-5.2 AnteArteral Roads: Arterial roads are portton,is located. Allowed housing units
mulcted that no unpleasant or dangerous s0 designated on the Master Plan map. may be distributed with the PUD
dors, dust. chemicals, noise, or distur 3.5.3 Standards: a The minimum distance between according to any plan which will serve the
interests of present and future residents
Dances shall be caused so as to affect access points onto an arterial road shall
diacent residential area be 300 feet of the neighborhood, and which can be
b. Agriculture or horticulture. prov.d b "Sandwich board' signs shall be conveniently serviced by public utilities,
is that no horse, cow or usual farm prohibitml except that the density of any portion of
nimal may be maintained on any parcel c. Alt lighting shall be so arranged and the PUD which Iles within 200 (two
r tot which contains less than one (1)hundred) feet of any residential (R 1
ere, provided that ell requirements of shielded aswithin
hl thehne alln direct Igo the District outside the PUD shall conform to
he City, County and State Health entirely within boundary lines of the the density requirements of that Distrid-
)epartment are met, and provided that site. 3-7,4 Uses Allowed: Any use allowed
o unpleasant or dangerous odors, dust, d. i At least shall bel aland ca ted total area Of within any of the district Included within
hemicals, noise or disturbance shall be Me site mmbe al uses the PUD shall be allowed anywhere
aused so as to affect adjacent residential e. Commercial uses whicheabut within the PUD, in no greater quantity or
residential ores shall provide buffer area Man each use would be allowed if
areas. screening from Me effects of noise,
c- Church. vibration, glare,.heat or unsightliness. confined to the portion of the PUD lying
d. Golf course, park, playground, within each district.
wimming pool or other recreational 3-5.1 Special Review: All development No use shall be allowed within 200 (two
acidity, public or private. applications for uses in the C -A district hundred) feet Of any district outside the
it
e School, nursery, kindergarten, or day shall sand 5 information of Section 2on2.6.5. requested to PUD, which would not be allowed under
.are center. Item t and h the regulations governing that district.
f. Store of office of such a nature as to 3.5.5 Uses Allowed: No portion of the total parcel shall be
a. Retail and service activities primer- considered in determining the total
ily oriented to the auto. permitted quantity of more than one use.
3.5.6 Conditional Uses: I For example, an acre of land counted as
a.. Any retail on service activity. commercial may not be counted in
b. Residential and agricultural uses. determining the number of residential
c. Warehousing or manufacturing units permitted.)
activities incidental to a permitted use. 3-7.5 Uses Prohibited: Any use which
provided that at least 50 per cent of the would be prohibited under the regulations
goods produced or stored are sold or used governing each of the Districts in which
an Me premises. the PUO lies shall be prohibited within
d. Other uses, which in the opinion of the PUD.
the Eagle Planning and Zoning Commis- 3-g ACCESS AND PARKING REGO-
sion, are the same as a permitted use CATIONS
3.5.7 Uses Prohibited:
a. Mobile homes.
b. Any activity which may result In
conditions hazardous to life, health,
contort or property of the citizens of
Eagle.
-34 REGULATIONS FOR FLOOD-
PLAIN; FP DISTRICTS
3-6.1 Purpose: It is the purpose of the
FP District classification to provide
regulations to control land uses within the
one hundred year flcadpla:n as deter
mined by the most recent survey by the
U. S. Army Corps of Engineers, to
prevent danger to life, health and
property and to prevent the erection of
structures which might impede the flow
of a flood, widening the area of potential
flood damage.
34.2 Delineation of Flood Hazard
District: Those floodplain areas within
the limits of the Intermediate Regional
Flood (100 year flood) are hereby
designated as the Flood Hazard District.
34.3 Uses Allowed:
a. Any agricultural die.
b. Any outdoor recreational use, such as
golf courses, tennis courts, swimming
pools, etc.
34A Conditional Uses:
a. Any other land use compatible with
acre the adopted goals and policies of the
3-3.3 Lot Standards: Parking space for Eagle Master Plan, except those uses
a minimum of two vehicles per mobile requiring extensive structures.
home must be provided off the street. A 3-6,5 Uses Prohibited:
minimum of per cent of the acreage In a
.ervice primarily the residents of the
urrounding neighborhood may be lo-
-ated adjacent to an arterial street or
rth.n a PUD. Net floor area shall be no
none than 1,500 square feet
g. Nursing home, convalescent home.
h. Planned Unit Developments.
i. Any other use which, in the opinion of
tie Eagle Planning and Zoning Commis.
.,on. is the same as a permitted use.
3-2.6 Uses Prohibited:
a. Moble homes on individual lots and
mobile home parks outside the area
Mesignated for mobile homes on the
adopted zoning map of the City of Eagle
ere prohibited.
b. Any activity which may result in the
attraction of substantial amounts of
Iraff lc from outside the immediate
neighborhood, such as large stores or
offices, service stations, drive -In restaur-
ants. etc.
c. Kennels, stables or other areas where
animals are kept for commercial
purposes.
d. Any activity which may involve
substantial, frequent or prolonged gener-
ation of noise, dust, odors or other
unpleasant conditions, or which may post
a hazard to life or property.
e. Any other use not specifically implied
for residential zone.
3-3 REGULATIONS FOR RESI-
DENTIAL -MOBILE HOME R -MH DIS-
TRICTS
3-3.1 Purpose: It is the purpose of the
R -MH District classification to provide
for the accommodation of mobile homes
in planned, integrated mobile home parks
so as to protect the health, safety and
welfare of the community.
3-3.2 Density: The maximum deslty of
mobile homes shall be 7 mobile homes per
mobile home court shall bereservedand
a. Any building intended for human use
or occupancy.
designed for open space- Setback and b. Any other building or structure which
otherprovisions she II beas defined in `is of a size antl nature such a5 to impede
Section 3-9.3. Me flow and widen Me area of potential
3:3.6 Uses Allowed: the
damage or of such a nature that, in
a. Residential +rib6'ile homes: and the event of a flood. It may contribute to
b. Accessory orstnctdental uses oper- the danger from floating debris in
ated primarily for the convenience. of down -stream areas.
mobile home park residents as deter 3.6.6 Planned Unit Development in a
mined by special impact permit. Floodplain: If lands lying within an FP
District are Included within a proposed
PUD, the total acreage used in determin
ing the number of residential units
'permitted within the PUD may be
increased by the number of acres lying
within the FP District I up to 33 per cent of
the totallnumber of acres in the PUD1 No
. buildings may be built within the FP
District, however; all prottons of the PUD
lying within the FP District must be
developed as open space for the PUD.
3.7 REGULATIONS GOVERNING
PLANNED UNIT DEVELOPMENT
(PUD)
3-7.1 Purpose: It is the purpose of
Planned Unit Development regulations to
provide for well planned developments
that conform with the Master Plan, but
which provide for a greater flexibility of
land use relationships and allow for
freedom of design in order to obtain
development which will be an asset to the
City of Eagle by equaling or surpassing
the quality otherwise required for the
districts in which a PUD is located.
Nothing in these PUD regulatinsis to be
construed as permitting any land use or
any relationship among various land uses
3-4 REGULATIONS FOR COMMER-
CIAL; C. DISTRICTS
3.4.1 Purpose: Itis the purpose of the C
District classification to iirovlde regula-
tions and districts for general purpose
commercial areas and higher density
service establishments, offices, places of
entertainment, transient facilities and
apartments.
3-4.2 Uses Allowed:
a. Any retail or service activity except
uses primarily oriented to the auto. such
as service stations and drive-ins.
b. Surfaced parking areas and parking
structures incidental to a permitte use.
c Hotels, motels and other transient
facilities.
d. Eating and drinking establishments,
places of entertainment or recreation.
34.3 Conditional Uses Permitted
b. Any use permitted in a residential
zone. except mobile homes.
b. Warehousing or manufacturing
activities incidental to a permitted use,
provided that at least .50 per cent of the
goods produced or stored are sold or used
on the premises.
c Other uses which, in the opinion of the which, in the opinion of the Eagle
Eagle Planning and Zoning Commission, Planning and Zoning Commission or in
are the same as a permitted use. the opinion of ttleEagle city Council, will
d .4 Community ro Sibited: Center. create health, comfort, r property of any person
zardous to life.
3.1.4 Uses Prohibited:
a. Mobile Homes. in Eagle.
b. Any activity which may resin in • 3-7.2 Application: Pa cel of land lns may
conditions hazardous to life, health be app any P
comfort or property of the citizens vt• within one or several districts. All
Eagle. applications for PUD shall require an
3-5 REGULATIONS FOR C.A: COM. application for special impact permit
MERCIAL ARTERIAL DISTRICTS and is subject to present additional
Maximum Lot Coverage
Minimum Lot Depth
Minimum Front Yard Setback
arterials & collectors
minor streets
(tor each story)
Minimum Side Yard Setback
Minimum Rear Yard Setback
Min. Flanking Street Setback
arterials & collectors
minor streets
3.1.1 Purpose: The purpose of these
regulations is to govern the nr derly
movement of traffic and to prevent
hazardous conditions.
34.2 Access Required: No building
shall be constructed or erected upon any
lot unless such lot abuts upon a public
street or upon a lot having a permanent
access easement to a public street which
was of record prior to the effective date of
this ordinance, or upon a private street
which has been designated as such by the
Council after recommendation from the
Commission. No lot shall be deemed to
abut upon a street unless It has a frontage
thereon of not less than 30 feet and a lot
width not less than 30 feet for a depth of 80
feet from Me front lot line.
3.8.3 Parking Requirements:
a. A minimum of two off-street parking
spaces shall be provided for each
residential unit.
b Commercial uses shall provlde one
parking space for each person who will be
employed at any one time plus one
parking space for each three hundred
(300) square feet of net floor area.
c. These parking requirements may be
raised or lowered by the Eagle Planning
and Zoning Commission if In its opinion a
greater or lesser amount of parking space
may be required for a specific use.
d. When four or more spaces are
required, a parking area must be
surfaced with asphalt or concrete.
3-9 HEIGHT, LOT COVERAGE, SET-
BACKS AND SCREENING
3-9.1 Purpose: The purpose of these
regulations is to govern the effects of
various land uses upon adjacent land
uses.
3-9.2 Heigh Restrictions: No building
shall have a height in excess of three (3)
stories or forty (401 feet from the median
level of the ground on which the building
stands without specific prior approval of
the Eagle Planning and Zoning Commis-
sion and City Council.
3-9.3 Lot Coverage and Setbacks:
a. The following minimums and
maximums shall apply to the Indicated
zoning districts.
R R -MH C C.A
35 per cent 35 per cent NOne 35 per cent
B0, 80' None None
30' 30' 30' 30'
20' 20' 20' NA
71/2 71/2 None None
25' 25' 25' 25'
25' 25' 25' 25'
20' 20' 20' NA
b. No building shall be constructed
within the right-of-way of any existing
street. bicycle path. or pedestrian
pathway or within an area designated by
an adopted circulation plan as the
right-of-way for any future street, bicycle
path or pedestrian pathway -
c. No building, fence or other structure
of such nature as to obstruct normal
visibility shall be constructed within ten
(10) feet of a driveway entrance or within
thirty (30) feet of the intersection of any
street with any pedestrian path, bicycle
path or other street.
d. No. building of greater than two (2)
stories or twenty-five (25) feet height, or
with a total of over 4000 square feet of
floor space. nor any service station,
drive-in restaurant or other commercial
building oriented to the automobile nor
any parking area for such building shall
be built within thirty (30) feet of any
pre-existing residential building on a
sella rately-owned.lof.
3-9.4 Screening and landscaping: Prior
to granting a permit to Wild any service
station, drive -In facility ar moblle-home
park in any area, or any structure with
over 4,000 square feet of -floor space in a
single-family residential area (R-5 or
less), the Planning and Zoning Commis -
skin shall determine the fencing and
landscaping which shall be required for
the protection of property and living
values on adjacent property, with the
advice. as required, of a qualified
landscape architect Such requirements
shall be set as a condition of such permit.
3-10 SIGNS
3-10.1 Sign definitions:
Sign -A device designed to inform or to
ahract attention of persons not on the
premises. The area of a sign is the total of
the exposed exterior display surfaces.
Detached Ground or Freestanding
Sign -Any sign that is placed upon the
ground or supported entirely by a frame
or supports placed in or upon the ground.
Building Sign -Any sign that is
attached to or placed upon a Wilding.
3-10.2 Detached Ground or Freestand-
ing Signs: In the City of Eagle, a detached
ground or freestanding sign shall not have
a display area greater than twenty-four
(24) square feet on all sides, or a display
area greater than twelve (12) square feet
on any one side. The height of the sign,
measured from the ground level to its
highest point. shall not exceed twelve (12)
feet. No more than one (1) detached
ground or freestanding sign shall be
permitted on any ane lot or parcel of land
under one ownership.or management.
3-10.3 Building Signs: In addition to
3-10.2 of this Ordinance, no more than one
(1) Wilding sign shall be permitted on
each street frontage for a business
located on or within any one lot or parcel
*115114