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Ordinance - 1981 - 60 - Amending Zoning Ordinance 40 - 01/13/1981ORDINANCE NO. 60 AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING ORDINANCE NO. 40, ZONING ORDINANCE, BY REPEALING ARTICLE VII, AND ADDING A NEW ARTICLE VII TO INCLUDE THE ADOPTING OF A MAP OF AN OVERLAY DISTRICT WHEREIN THE INTERIOR SIDE YARD MINIMUM REQUIREMENTS ARE CHANGED. BE IT ORDAINED BY the Mayor and City Council of the City of Eagle, Ada County, Idaho: Section 1. Ordinance No. 40, Article VII is repealed and a new Article VII is adopted, as follows: ARTICLE VII OFFICIAL HEIGHT AND AREA REGULATIONS (A) (C) Minimum Yard Requirements Maximum Minimum Lot Maximum Interior Street Lot Cov. Area Per D. U. District Height Front Rear Side Side (in %) (in sq. ft. A 60' 60' 30' 10' 45' (From 10% road centerline; (D) (E) (B) SF) SG) (H) R- 35' 20' 25' 7 1 2' 20 40% 6,000 sq. ft. L-0 35' 30' 20' 7 1/2' 20' 35% 2,000 sq. ft. C-1 35' 15' None 0 10' 0 2,000 sq. ft. C-2 60' 0 0 0 0 0 1,300 sq. ft. C-3 60' 0 0 0 0 0 1,300 sq. ft. CBD 80' 0 0 0 0 0 500 sq. ft. M-1 60' 0 0 0 0 0 0 M-2 60' 0 0 0 0 0 0 M-3 60' 0 0 0 0 0 0 (A) Measured from the foundation to the property line. No portion of the structure may extend more than 2' into the sideyard setback. (B) 5' per story setback for multi -story structures. Height not to exceed three (3) stories (Except by Conditional Use Permit.) (C) All residential buildings in other than agricultural or residential districts must meet residential official height and area regulations. (D) Front yard setback from Arterial and Collector Streets is 30'. (E) Architectural Projections - open structures such as porches, canopies, balconies,platforms, carports, covered patios and similar architectural projections shall be considered part of the building to which attached and shall not project into the front yard and shall not project into the rear 15' of the rear yard setback. (F) Attached as Annex "A" to Article VII of Ordinance No. 40 and identified by signatures of the Mayor and City Clerk is a map of an overlay district wherein the interior side yard minimum requirements for the lots indicated are 7 1/2' setback on one side for a single story building and 5' per story setback for multi -story structures, and a six inch lot line setback for the other interior side yard. The six inch lot line setback extends as a vertical plane so that no portion of the building cuts said plane. Height not to exceed three (3) stories (except by Conditional Use Permit.) (G) Street side setback on Arterial and Collector Streets is 25'. (H) In order to stimulate the rehabilitation and revitalization of the existing neighborhoodswhere the currently platted residential lots are less in size than the 6,000 square feet per dwelling unit, applicants desiring to exceed the authorized 40% maximum lot coverage may apply for a variance. Section 2. The provisions of this ordinance are hereby declared to be severable and if any provisions of this ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such declarations shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, particularly Ordinance No. 40. PASSED AND APPROVED by the Mayor and Council this day of‘//11-4/q/77 1981. or STATE OF IDAHO) COUNTY OF ADA ) ss. Linda Wallace , being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninter- ruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in the regular edition of The Idaho Statesman for one insertion, in the issue of February 12 , 19 81 , Principal Clerk Subscribed and sworn to before me this day of February , 19 81 12th Notafy Public for Icho, ding at :oise, Idaho ORDINANCE NO.60 AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING ORDINANCE NO. 40, ZONING ORDINANCE, BY REPEALING ARTICLE VII, AND ADDING A NEW ARTICLE VII TO INCLUDE THE ADOPTING OF A MAP OF AN OVERLAY DISTRICT WHEREIN THE INTERIOR SIDE YARD MINIMUM REQUIREMENTS ARE CHANGED. BE IT ORDAINED BY the Mayor and City Council of the City of Eagle, Ada County, Idaho: Section 1. Ordinance No. 40, Article V I 1 is repealed and a new Article V I I is adopted, as follows: ARTICLE VII OFFICIAL HEIGHT AND AREA REGULATIONS (A) (C) Minimum Yard Requirements Maximum Minimum Lot Maximum Interior Street Lot Cov. Area Per D.U. District Height Front Rear Side Side (in %) (in sq. ft.) A 60' 60' 30' 10' 45' 10% (From road centerline) (DI (E) (B) (F) (G) (H) R- 35' 20' 25' 7 1/2' 20' 40% 4000 sq. ft. L -O 35' 30' 20' 7 112' 20' 35% 2,000 sq.ft. C-1 35 15'None 0 10' 0 2,000 sq. ft. C-2 60' 0 0 0 0 Q 1,300 sq. ft. C-3 60' 0 0 0 0 0 1,300 sq. ft. CBD 80' 0 0 0 0 0 500 sq. ft. M-1 60' 0 0 0 0 0 0 M-2 60' 0 0 0 0 0 0 M-3 60' 0 0 0 0 0 0 (A) Measured from the foundation to the property line. No portion of the structure may extend more than 2' Into the sideyard setback. (B) 5' per story setback for multi -story structures. Height not to exceed three (3) stories (Except by Conditional Use Per- mit.) (C) All residential buildings in other than agricultural or residential districts must meet residential official height and area regulations. (D) Front yard setback from Arterial and Collector Streets Is 30'. (E) Architectural Protections — open structures such as porches, canopies, balconies, platforms, carports, covered pa- tios and similar architectural protections shall be considered part of the building to which attached and shall not prosect into the front yard and shall not prosect into the rear 15' of the rear yard setback. (F) Attached as Annex "A" to Article VII of Ordinance No. 40 and identified by signatures of the Mayor and City Clerk is a map of an overlay district wherein the interior side yard minimum requirements for the lots indicated are 7 1/2' setback on one side for a single story building and 5' per story setback for multi -story structures, and a six inch lot line setback forthe other interior side yard. The six inch lot line setback extends as a vertical plane so that no por- tion of the building cuts said plane. Height not to exceed three (3) stories (except by Conditional Use Permit.) (G) Street side setback on Arterial and Collector Streets is 25'. (H) In order to stimulate the rehabilitation and revitalization of the existing neighborhoods where the currently platted residential lots ore less in size that the 6,000 square feet per dwelling unit, applicants desiring to exceed the autho- rized 40% maximum lot coverage may apply for a variance. I • Section 2. The provisions of this ordinance are hereby declared to be severable and If any provisions of this ordinance or the application of such provision to any person or circumstance Is declared invalid for any reason, such declarations shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, particularly Ordinance No. 40. PASSED AND APPROVED by the Mayor and Council this 13th day of January, 1981. JERRY DECKARD MAYOR Attest: Judith A. Menthol° Pub. Eeb. 12.19E1 5779