Ordinance - 2023 - 889 - Amending Title 11A (Spring Valley Development) - 01/10/2023 ORDINANCE NO.889
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE IIA,
CHAPTER 1, SECTION 5,"DEFINITIONS"; CHAPTER 2, SECTION 3, "LAND USE STANDARDS";
CHAPTER 2, SECTION 4, SUBSECTION D, "REFUSE STORAGE/DISPOSAL'; " CHAPTER 2,
SECTION 4, SUBSECTION G "SINGLE-FAMILY SPECIAL LOT (SFSL) DEVELOPMENT
STANDARDS"; CHAPTER 3, SECTION 1, "GENERAL APPLICABILITY"; CHAPTER 3, SECTION
5, SUBSECTION B, PARAGRAPH 1, ITEM K, "METAL SIDING'; CHAPTER 3, SECTION 6,
SUBSECTION B,PARAGRAPH 3, ITEM E, "FENCES"; CHAPTER 3, SECTION 7, SUBSECTION D,
"TREE RETENTION,REMOVAL AND REPLACEMENT";CHAPTER 3, SECTION 7, SUBSECTION
I, ITEM 1, "COMPLETION TIME"; CHAPTER 3, SECTION 7, SUBSECTION L, ITEM 3, "URBAN
STREETS'; CHAPTER 3, SECTION 9, "LIGHTING"; CHAPTER 4, SECTION 2, SUBSECTION D,
"ENCLOSED TRASH AREAS"; CHAPTER 4, SECTION 4, SUBSECTION AA, "HOME
OCCUPATIONS"; CHAPTER 4, SECTION 4, SUBSECTION FFF, "OIL AND GAS EXTRACTION";
CHAPTER 4, SECTION 4, SUBSECTION GGG, "OIL AND GAS POST-EXTRACTION"; CHAPTER
8, SECTION 7, SUBSECTION 1, "BOARD LEVEL DESIGN REVIEW APPLICATION'; CHAPTER
13C,SECTION 2,SUBSECTION 5,"PRIVATE STREETS AND PRIVATE ALLEYS';CHAPTER 13C,
SECTION 8, "FENCES"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of
the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt,
establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the Eagle City
Planned Developments Code to protect the public health and safety and the aesthetic quality of the City;
and
WHEREAS,the proposed changes to the Eagle Planned Developments Code is in accordance with the City
of Eagle Comprehensive Plan;
WHEREAS,it is the intent of the City of Eagle Council to bring the Spring Valley Development Ordinance,
adopted January 14,2014 into comparable standing as the Zoning and Land Subdivisions codes ;and
WHEREAS, it is the intent of the developer(GWC)to seek a revision of the Eagle Planned Developments
Code so that this Title is consistent with the current development standards of the Zoning and Land
Subdivisions codes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho;
Page 1 of 46
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Section 1:That Title 11A,Chapter 1,Section 5,be and is hereby amended,to read as follows with underline
text to be added and strike-through text to be deleted:
11A-1-5: DEFINITIONS:
ARTIST STUDIOS: Workspace for artists and artisans including individuals practicing one of the fine arts
or performing arts,or skilled in an applied art or craft.
ARTS AND CRAFTS SHOWS: Display and sale of painting sculpture handicrafts and similar objects.
AUTOMOTIVE EMISSION TESTING FACILITY: A lot structure or vehicle where emissions are tested
or evaluated to determine compliance with law.
AUTO FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk building covered by
a canopy.
BOARDING HOUSE, LODGING HOUSE DORMITORY: A building other than a hotel or motel where
meals and/or lodging are provided for compensation to three (3) or more unrelated persons but less than
twelve 12)persons,who are not transients,and kitchen facilities are not provided in the individual rooms.
BAR, WINE/TASTING ROOM: An establishment for which a license under title 3 chapter 2 articles A
and B of this code is required where the principal business is devoted to the sale of wine beer, and cider
whereby the product is produced by one or multiple facilities licensed and located in the State of Idaho for
the consumption on or off premises Food may be served; provided that: (1) food items are produced off
premises; (2) food items provided for consumption on site are limited to cheese crackers charcuterie and
similar items made available strictlyin n conjunction with and ancillary to the wine tasting experience; and
(3)the establishment is not a restaurant.
CEMETERY: Land used or intended to be used for the burial of human remains and dedicated for cemetery
purposes. Cemetery purposes include columbaria crematoriums mausoleums and mortuaries operated in
conjunction with the cemetery.
COFFEE ROASTING FACILITY: A facility in which unprocessed green coffee may be sorted roasted
and processed,or packaged for use and consumption.
COMMUNITY ASSOCIATION BUILDINGS&FACILITIES:A community room clubhouse recreation
center or similar area for use by the residents of a residential development.
EMERGENCY: Occurrence or imminent threat of a disaster or condition threatening life or property that
requires immediate action to save lives and protect property or to avert or lessen the threat of a disaster.
EMERGENCY SERVICES:Provision of emergency medical care transportation fire protection and police
protection, including incidental storage and maintenance and parking of emergency and emergency related
vehicles.
FARM: Buildings and premises used for the raising and processing of farm products in an agricultural
setting by an individual or an association which operates and manages the farm either as owner or tenant
at a site used for a farm residence and associated farm accessory buildings.
FOOD AND BEVERAGE SALES: Retail sales of food and beverages for off site preparation and
consumption.Typical uses include grocery stores, liquor stores, delicatessens,axdor bakeries;and exclude
convenience stores and catering services. .
HELIPORTS: Pads and facilities enabling takeoffs and landings b by elicoptters.
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HOME OCCUPATION: Any use eanduated entirely within a dwelling and eaffied en by dhe imh-ahw—ants
An accessory use of a dwelling unit and property that is:
A. Used for gainful employment or commercial purposes that involves the provision assembly,
processing or sale of goods and/or services; and
B. Incidental and secondM to the residential use of the structure and land and does not change the
essential residential character of the dwelling unit/property; but
C. Excludes uses that provide shelter or lodging to persons who are not members of the family residing
in the dwelling unit.
LABORATORIES:Establishments providing medical or dental laboratory services;or establishments with
less than two thousand (2,000) square feet providing photographic analytical or testing services. Other
laboratories are classified as industry limited.
LIVE ENTERTAINMENT EVENTS:Temporary concerts and other cultural events lasting less than seven
(7) days or ongoing occasional events such as barn dances, square dances weddings and receptions
temporary events such as corn mazes, hayrides retail pumpkin patches and petting zoos lasting less than
forty-five(45)days per calendar year.
MICROBREWERY: A small brewery, generally producing fewer than ten thousand (10,000) barrels of
lager and ale a year and frequentlyselling elling its products on the premises. Also called boutique brewery,
brewpub. Sale and consumption of alcoholic beverages is limited to lager, ale wine and cider. A
microbrewery may include,but is not limited to,the following:tasting rooms barrel rooms bottlingrooms,
ooms
tank rooms, laboratories,processing structure,and offices.
RESTAURANT: Any establishment-land, building or part thereof, other than a boardingh bed and
break` Ste,where meals are provided for compensation, including, among others, such uses as cafe,
cafeteria, coffee shop, lunchroom, tearoom, and dining room_;
pFiVate r.!H Bars and . microbreweries are
allowed within restaurants,whether operated by the restaurateur or by a separate entity,and shall be allowed
under the same use classification as the restaurant when operated within a restaurant.
Page 3 of 46
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Section 4: That Title 11 A,Chapter 2, Section 4,be and is hereby amended,to read as follows with
existing exhibits with strikethrough to be removed and replaced with updated exhibits:
I IA-2-4: SETBACKS AND GENERAL LOT DEVELOPMENT REGULATIONS:
G. Single-Family Special Lot(SFSL)Development Standards:
EXHIBIT 2.2
Front Loaded Lots
I �
I I minimum 150 s.f.of private outdoor
space(with min.5 dimension)
may occur in front,rear,or side of lot.
10.00'
to txdldmg
3.00 typical use 3'ar 3.00'
to coud"rd easement 3 00
wag 6.00'
rtrnimum T
builichi
m I aAAprauon
A A A i%- 'A' n A A A A
n n
cc
J LJ LJ LJ LJ LJ
o
m Local S eet
eEWa
MINIMUM DEVELOPME TANDARDS
i. Building Setba .
a.Fro ocal Street................................... 2o'to building(measured to slab from back of walk of back of
curb if no walk exists)
3'to porch,courtyard wall,privacy wall(wall length may not
exceed 5o%of the width of the lot),portico,outside staircase,
balcony,or other similar elements(measured to slab from
back of sidewalk,see notes below)
ig'to face of front-loaded garage
22'to slab of side-loaded garage
b.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
c.From Rear Property Line..........................5'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space.................................................i5o s.f.(with minimum 6'dimension)
y.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
S.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.Sidewalks
may also be attached to the curb,but minimum front setbacks for porches,walls and similar elements shall be io'in such
conditions while street side-setbacks for courtyard and privacy walls only may remain at 3'.
Page 8 of 46
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EXHIBIT 2.2
Front Loaded Lots
I �
mkin um 150 S.f.of private outdoor
space(whh m1n.6'd1menslon)
I I may occur In front,rear,or side of bL
to , i
tiuldrg
&W
k
O
J I
Local Street
a N o s cmu N
MINIMUM DEVELOPMENT STANDARDS
2. Building Setbacks:
a.From Local Street...................................2o'to any part of the building if a ao'PUID Easement
is required
3'to porch,courtyard wall,privacy wall(wall length may not
exceed 5o%of the width of the lot),portico,outside staircase,
balcony,or other similar elements if no io'PUID Easement is
required
ig'to face of front-loaded garage
12'to slab of side-loaded garage
b.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
c.From Rear Property Line..........................s'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space..............................................15o s.f.(with minimum 6'dimension)
y.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
S.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.All
setbacks shall be measured from the back of sidewalk or from the back of curb if no sidewalk exists.
Page 9 of 46
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EXHIBIT 2 . 3
Rear Loaded Lots
mrmmu sf of private
7� ibs 20'wide Alley or SFSL Drive Aisle outs a(With inn.
O E O vi with 5'landscape panel on each 6 di on)may occur m
- R N c N p side and No Parking'signs posted. fr ,rear,or side of lot.
o a
3.00 r +" r-f rr-7 r-i f OT-7 r�
to courtyard r r ti r i t 10'to t , Y r
Well Y
v Y �r v livingY r v Y 1 Y! t M r a Y +Y r 8( C3
on grou 3�,
tri
10.00' typicaltypicaluseY Y floor
easement 3.00 5'to living area
to building minimum 6.00' on second
building floor
separation minimum
building
separation
m
F t Lo I Street n�fi fi
f d op H g
MINIMUM DEVELOPMENT STANDARDS
i. Building Setbacks:
a.From Local Street... ............................. io'to building(measured to slab from back of curb if no
walk exists)
3'to porch,courtyard wall,privacy wall(wall length
may not exceed So%of the width of the lot),portico,
outside staircase,balcony,or other similar elements
(measured to slab from back of sidewalk,see notes below)
iz'to slab of side-loaded garage
b.Fr Alley or SFSL Drive Aisle..................3'-S'to face of garage and fence
io'to living space on ground floor
5'to living area on second floor
c.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
d.From Parcel Perimeter Property Line.......5'(measured to finished exterior wall surface)
uilding Separation...............................................6'(measured to finished exterior wall surface)
Private Yard Space.................................................i5o s.f.(with minimum 6'dimension)
q.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
5.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.
Sidewalks may also be attached to the curb,but minimum front setbacks for porches,walls and similar elements shall be io'in
such conditions while street side-setbacks for courtyard and privacy walls only may remain at 3'.Garages may also be detached
with a minimum separation of 6'from the dwelling.
Page 10 of 46
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EXHIBIT 2 .3
Rear Loaded Lots
r idmum 150 s.f,of Vie
J JE N13 I20`wide/Wey or SFSL Drive Aisle outdoor sppace(wl[h rin
wllh 33'landscape panel on each front,mensbnf skle lot.1 M
to o o ql side and No Paddng'slgrts posted.
3.00 .r� �ffi r o r t r� r--7 r--ti r r r--r
1
0 8rd .w t v to ♦me
�0,ar w or t on >foa E u u
� r v v v r r r r
10.00' 3.00' 3.00'easement
9 usa i
to building rt�rMn>tmr v g,Op� on root '
separalort by gumg
N separaron
o -
J
Local Street
MINIMUM DEVELOPMENT STANDARDS
i. Building Setbacks:
a.From Local Street................................... io'to any part of the building if a io'PUID Easement
is required
3'to porch,courtyard wall,privacy wall(wall length may
not exceed 5o%of the width of the lot),portico,outside
staircase,balcony,or other similar elements if no io'PUID
Easement is required
b.From Alley or SFSL Drive Aisle..................3'-5'to face of garage,courtyard wall or fence
io'to living space on ground floor
5'to living area on second floor
c.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
d.From Parcel Perimeter Property Line.......5'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.PrivateYard Space.................................................i5o 0,(with minimum 6'dimension)
4.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
5.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.All
setbacks shall be measured from the back of sidewalk or from the back of curb if no sidewalk exists.Garages may also be
detached with a minimum separation of 6'from the dwelling.
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EXHIBIT 2-4
Front Loaded "Z" Lots
9.1 minimum 150 s t of private outdoor
space(irmth min.6 dimension)
may occur in front,rear,or side
3.00'
to courtyard
wall
10.00'
to building 3.W
area on ng typical use
Second eas~
Z 3.00' tx1
mpirm"illdini W V
bu*kd*MG 5.11
to Wing
A A A A A
03 11 t I t "I I'll " rl
I I
% L- I 1 11 1
al L-1 L.-A L,,L L Loc Street 21
C4
MINIMUM DEVELOPMENT ANDARDS
i. Building Seib
a.Fro ocal Street................................... 1o'to building(measured to slab from back of curb if no
walk exists)
3'tO porch,courtyard wall,privacy wall,(wall length,may not
exceed 50%of the width of the lot),portico,outside staircase,
balcony,or other similar elements(measured to slab from back
of sidewalk,see notes below)
19'to face of front-loaded garage
12'to slab of side-loaded garage
8'to living area on second floor
b.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
c.From Rear Property Line..........................5'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space.................................................i5o s.f.(with minimum 6'dimension)
4.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
5.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.Sidewalks
may also be attached to the curb,but minimum front setbacks for porches,walls and similar elements shall be 1o'in such condi-
tions while street side-setbacks for courtyard and privacy walls only may remain at 3'.
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EXHIBIT 2.4
Front Loaded "Z" Lots
mfntoum 150 s.t.ofprNa1a MAdoor -%
apace(wn mN.tr dYrwrtsYn �%:
o may oeeur h front,rear.or of lot.
to oourlvard � � �� % ��i j� � 1C?. 4:• '^�i
to bu�i
toMig
O �' 7
J
Local Street
MINIMUM DEVELOPMENT STANDARDS
i. Building Setbacks:
a.From Local Street................................... io'to any part of the building if a io'PUID Easement
is required
3'to porch,courtyard wall,privacy wall(wall length
may not exceed 5o%of the width of the lot),portico,outside
staircase,balcony,or other similar elements if no io'PUID
Easement is required
ig'to face of front-loaded garage
22'to slab of side-loaded garage
b.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
c.From Rear Property Line..........................5'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space.................................................25o s.f.(with minimum 6'dimension)
q.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
S.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.All
setbacks shall be measured from the back of sidewalk or from the back of curb if no sidewalk exists.
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EXHIBIT 2 . 5
Rear Loaded " Z " Lots
4
l A A A
11 1,
optional accessory
c c c s I dwelling above garage
g g o R I 8 20'Alley or SFSL Drive Aisle 5'landscape $ .F o '
ui step on each side and'No rkmg'signs posted vip a
Landscape
Area
r-7r-7 $ r�r� r� r-7r-7
to.oa „ tr liviww«
v v r_r� on prouttd V
10 twading b t t r 11oor
O
t,vr minanum a typcal use
m building e00rnar0
-- minimum a separation
building
rA separation
W
U
O iJ
&W
i
Local Street
m a { E nrinmum 150 s f.of private outdoor
8 m o o A 8 a space(with min a drmensron)may
occur in from,rear,or side of 0,
MINIMUM DEVELOPMENT STA ARDS
1. Building Setbacks:
a.From Loca reet................................... io'to building(measured to slab from back of curb if no
walk exists)
3'to porch,courtyard wall,privacy wall(wall length may not
exceed So%of the width of the lot), portico,outside staircase,
balcony,or other similar element.(measured to slab from back
of sidewalk,see notes below)
From Alley or SFSL Drive Aisle..................3'-S'to face of garage or ig'or more and S'to fence
io'to living space on ground floor
S'to living space on second floor
c.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
2.Building Separation....................... .......................6'(measured to finished exterior wall surface)
3.Private Yard Space.......................................... ......i5o s.f.(with minimum 6'dimension)
q.Use Easement Criteria.......................:..................Dedicated 3'from one lot to adjacent lot,where applicable
S.Planter Strip.... ......... .................... ................... 6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.Sidewalks
may also be attached to the curb,but minimum front setbacks for porches,walls and similar elements shall be io'in such
conditions while street side-setbacks for courtyard and privacy walls only may remain at 3'. Garages may also be detached with a
minimum separation of 6'from the dwelling.
Page 14 of 46
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EXHIBIT 2 . 5
Rear Loaded " Z " Lots
r + i + r + , t r oolw+al accessory
LJ LJ L>LJ bb dwernq above<}vage
4 20 Ney or SFSL Drive AWe with 3.9landscape B
o of , N st i eech side ana*No Padn{f sgns postr
Ian iscaDe 0 E 7
Area
r7 r-7
t + w
++; �0ans
u u + u +r
00
t0.07 ,
to tx W $ ++; rpT�rq'9mk*ru tvPkal use
y aipn
mn g espy easemerM
m b pt�erdga�
vN
V
O
J
W
Local Street
rrbrmum 150 s t o'�"I oW1tloor
ocPcurr t.rearr,or slie w bl�Y
MINIMUM DEVELOPMENT STANDARDS
i. Building Setbacks:
a.From Local Street................................... io'to any part of the building if a io'PUID Easement
is required
3'to porch,courtyard wall,privacy wall(wall length may not
exceed So%ofthe width of the lot),portico,outside staircase,
balcony,or other similar elements if no io'PUID Easement is
required
b.From Alley or SFSL Drive Aisle..................3'-S'to face of garage or ig'or more and S'to fence
io'to living space on ground floor
S'to living space on second floor
c.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space.................................................iSo s.f.(with minimum 6'dimension)
q.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
S.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.All
setbacks shall be measured from the back of sidewalk or from the back of curb if no sidewalk exists.Garages may also be
detached with a minimum separation of 6'from the dwelling.
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EXHIBIT 2 .6
Cluster Lots
gminimum 150 s.f.of private outdoor
Ay space(With min.G danension)
may occur infront,rear,or side of lot.
10.00 rn rn ILW 3 0
to building sepwaaaon 3
A A
11 !\
! 1 71
N �
to
p _ face No Parking min. r' _ SFSL Drive Alsle
dimensions
Q7 C' signs Post sutrject to Fire
V in drive Department 0 ___� �__ P approval
0
5.W typical use
sidewalk easement to living
(may be area on
attached / _;% ground
or detached) floor
Or Local Street E
s (loaded) g an
O T O Pl Q 112. $
MINIMUM DEVELOP T STANDARDS
i. Building S cks:
a. m Local Street(non-loaded)...............1o'to building from common area property line.
rom Local Street(loaded)......................io' to building(measured to slab from back of walk or back
of curb if no walk exists)
3'to porch,courtyard wall,privacy wall,portico,outside
staircase,balcony,or other similar element.(see notes)
c.From SFSL Drive Aisle..............................3'-5'or 29'or more to face of garage
5'to living area on ground floor
3'to living area on second floor
d.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
e.From Rear Property Line 3'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space........................................._......i5o s.f.(with minimum 6'dimension)
y.Drive Aisle Width..................................................zo'min.drivable travel lane
5.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
6.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable heath and safety requirements.Sidewalks
may also be attached to the curb,but minimum front and street side setbacks for buildings,porches,walls and similar elements
shall be io'in such condition.There shall be a maximum of 8 units per cluster or drive aisle.Drive aisle may be reduced with Fire
Department approval.
Page 16 of 46
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EXHIBIT 2.6
Cluster Lots
minimum 150 sf.of prprifvvate outdoor
space(with min.@ dimension)
may occur In front,rear,or dde of lot.
to bull&
JWV
wad orate /%. 6'f�f.► '�
0" y4 �y
J 5
m i0 w tie SL Drive Aisle
� l Paptpxekt>d ev imn. d dimensions
edrlve d cabled to Fire
Department approval
Q C `KW IJ
to
b.00' �xc 5.00' n+
sidewalk area on a F
(mn8y� grotrtd _
anxy� fbor
or detached)
Local Street
s $ (loaded)
E�ao
MINIMUM DEVELOPMENT STANDARDS
i. Building Setbacks:
a.From Local Street...................................lo'to any part of the building if a io'PUID Easement
is required
3'to porch,courtyard wall,privacy wall(wall length may not
exceed 5o%of the width of the lot),portico,outside staircase,
balcony,or other similar elements if no 1o'PUID Easement is
required
b.From SFSL Drive Aisle..............................3'-5'or ig'or more to face of garage
5'to living area on ground floor
3'to living area on second floor
c.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
d.From Rear Property Line.........................3'(measured to finished exterior wall surface)
a.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space.................................................15o s.f.(with minimum 6'dimension)
4.Drive Aisle Width...................................................so'min.drivable travel lane
5.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
6.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.All set-
backs shall be measured from the back of sidewalk or from the back of curb if no sidewalk exists.There shall be a maximum of 8
units per cluster or dead end drive aisle.Drive aisle width may be reduced with Fire Department approval.
Page 17 of 46
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EXHIBIT 2.7
Paseo Cluster Lots
SFSL Dpve Aisle
— fact minimum 150 s.f.of private outdoor
to Fire pxism space(with min 6 io dimensn)
approval may occur in front,rear,or side of I/
common
open
s I A I 1 6 1
I fit in"Murne
to building -3 L bL#WQ
L- psaw wkft s"reficin
5.00'
sidewalk
(rnnay be 3,.5.-
affi�ftached r-
to two L-
or delached) -J
_Z-:l of gars i;a r % r
ed
paseo
3.00' open space
rti T—i
open o court-
yard wall
r
IL
L- 26.00'
0
J
—i % L typled use 20.00' j 20.00'
eewenteM 4.00' :5 2W
(to finistled on ground floor
Local Street
32 E
Ao
MINIMUM DEVELOPM STANDARDS
i. Building Set s:
a.Fr Local Street...................................1o'to building(front and side condition)(measured to slab
from back of walk or back of curb if no walk exists)
3'tO porch,courtyard wall,privacy wall,portico outside
staircase,balcony,or other similar elements(measured to
slab from back of sidewalk,see notes below)
b.From SFSL Drive Aisle..............................3'-5'or 29'Or more to to face of garage
5'to living area on ground floor
3'tO living area on second floor
c.From Interior Side Property Line.,.............Pmeasured to finished exterior wall surface)
d.From Rear Property Line.........................3'(measured to finished exterior wall surface)
2.Building Separation...................... ................. 6'at side and rear yards
1-4'along paseo(measured to finished exterior wall surface)
3.Private Yard Space....... ........ ............................... i5o s.f.(with minimum 6'dimension)
4.Paseo Open Space....-.......... ....250 s.f.per unit along paseo
5.Drive Aisle Width..................... ....................... ....20'min.drivable travel lane
6.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
7.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.Sidewalks
may also be attached to the curb,but minimum front and street side setbacks for buildings,porches,walls and similar elements
shall be io'in such condition-There shall be a maximum of 8 units per dead end drive aisle.Drive aisle may be reduced with Fire
Department approval.
Page 18 of 46
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EXHIBIT 2 .7
Paseo Cluster Lots
9Fsi Drke AMO mh of
v&e outdoor
Ulm DepaAmerN gpproval may occw M front..or Blot.
corrananoPen
"t Wit. �►...
to Dutkig g ;.
ddewalk /
(may be ,
or detached)
pesw
&W ,� " open°pace
to CDUrt-'
/ yard WA
O
Local Street
�EAo
MINIMUM DEVELOPMENT STANDARDS
i. Building Setbacks:
a.From Local Street...................................io'to any part of the building if a 1o'PUID Easement
is required
3'to porch,courtyard wall,privacy wall(wall length may not
exceed 5o%of the width of the lot),portico,outside staircase,
balcony,or other similar elements if no io'PUID Easement is
required
b.From SFSL Drive Aisle..............................3'-5'or ig'or more to to face of garage
5'to living area on ground floor
3'to living area on second floor
c.From Interior Side Property Line...............3'(measured to finished exterior wall surface)
d.From Rear Property Line..........................3'(measured to finished exterior wall surface)
2.Building Separation...............................................6'at side and rear yards
vrt'along paseo(measured to finished exterior wall surface)
3.Private Yard Space.................................................iSo s.f.(with minimum 6'dimension)
q.Paseo Open Space.................................................25o s.f.per unit along paseo
5.Drive Aisle Width...................................................20'min.drivable travel lane
6.Use Easement Criteria..........................................Dedicated 3'from one lot to adjacent lot,where applicable
7.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.All set-
backs shall be measured from the back of sidewalk or from the back of curb if no sidewalk exists.There shall be a maximum of 8
units per cluster or dead end drive aisle.Drive aisle width may be reduced with Fire Department approval.
Page 19 of 46
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EXHIBIT 2 . 8
Auto Court Lots
zrn _ISO e 1 d p�valc oU.Oco•
sv.cw i.an—6 am+or r.
"Y accw m aorrc.rnv«we c ca \
s.aa SAW
m.. e
im.rew nud.la
'b eaparfltion 3.ar
a OOIacilotll
A 1 i
LJ LJ LJLJ
&W
a D
N w.Iprm H
a m oa 9rolna flow 5 c 9g]E
D
�R
0 MPSfld911..-,-J 9 L--
J C ng SCSL nn..AMA
g oY�b.eroro
_ Subpce m rvx
^n
DMv9�' 4MF:apn ZO.ar L
_ MeA L -
wy
3W
20.ar
Local Street $ a 8
(loaded) o $ Ca
MINIMUM DEVE PMENT STANDARDS
i. Buildin tbacks:
rom Local Street(non-loaded)................2o'to building from property line.
From Local Street....................................io'to building(measured to slab from back of walk or back of
curb if no walk exists)
3'to porch,courtyard wall,privacy wall,portico,outside
staircase,balcony,or other similar elements
(measured to slab from back of sidewalk,see notes below)
c.From Drive Aisle.......................................3'-5'or ig'or more to face of garage
5'to living area on ground floor
3'to living area on second floor
d.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
e.From Rear Property Line.........................3'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space.................................................iso s.f.(with minimum 6'dimension)
4.SFSL Drive Aisle width...........................................20'min,drivable travel lane
5.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.Sidewalks may
also be attached to the curb,but minimum front and street side setbacks for buildings,porches,walls and similar elements shall be io'
In such condition.There shall be a maximum of 8 units per cluster or drive aisle,Drive aisle width may be reduced with Fire Department
approval
Page 20 of 46
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EXHIBIT 2.8
Auto Court Lots
�it�..nisoe,LotoiYarearba I
I
r —
IAO' F ;
gj
M
o so .Nr.
C �� t'"F .; to a i! �, Dpr6nsnl apprwd
0 0 � ' M4 gin. orgra�. fa i
Y k wtax - »O
�1 1LL00'
Local Street
(loaded),
MINIMUM DEVELOPMENT STANDARDS
i. Building Setbacks:
a.From Local Street....................................io'to any part of the building if a io'PUID Easement
is required
3'to porch,courtyard wall,privacy wall(wall length may not
exceed So%of the width of the lot),portico,outside staircase,
balcony,or other similar elements if no io'PUID Easement is
required
b.From Drive Aisle.......................................3'-S'or ig'or more to face of garage
S'to living area on ground floor
3'to living area on second floor
c.From Interior Side Property Line..............3'(measured to finished exterior wall surface)
d.From Rear Property Line..........................3'(measured to finished exterior wall surface)
2.Building Separation...............................................6'(measured to finished exterior wall surface)
3.Private Yard Space.................................................iSo s.f-(with minimum 6'dimension)
4.SFSL Drive Aisle width...........................................20'min.drivable travel lane
S.Planter Strip.........................................................6'min.(between back of walk and curb,where applicable)
NOTES:
Footprints are for illustrative purposes only.All setbacks must comply with applicable health and safety requirements.All set-
backs shall be measured from the back of sidewalk or from the back of curb if no sidewalk exists.There shall be a maximum of 8
units per cluster or dead end drive aisle.Drive aisle width may be reduced with Fire Department approval.
Page 21 of 46
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Section 5:That Title 1 IA,Chapter 3,Section 1,be and is hereby amended,to read as follows with underline
text to be added and strike-through text to be deleted:
11A-3-1: General Applicability:
This title applies to all proposed development located within Spring Valley and requires the submittal of a
design review application pursuant to this title and fee as prescribed from time to time by the city council.
individual detaehed dwelling on a single par-eel,an individual dtiple-x(2 dwelling units),eAd
an individual ual +,.,.,..>,eme , isti g of a mwEimum of twe (2) dwelling , nits.An individual single-family
detached dwelling on a single parcel is specifically excluded from the requirements of design review.
Section 6:That Title 11 A,Chapter 3,Section 5,be and is hereby amended,to read as follows with underline
text to be added and strike-through text to be deleted:
11A-3-5(B)(1)(k): Metal Siding:
Metal siding shall be anodized,shall have a concealed fastener system,shall have a silieen-pelyesteF factory
finish or equivalent,and shall include special design treatments to enhance its appearance.These treatments
may include brick or masonry wainscot treatments along exterior walls and accent colored metals.
Section 7:That Title 11 A,Chapter 3,Section 6,be and is hereby amended,to read as follows with underline
text to be added and strike-through text to be deleted:
11A-3-6(B)(3xe): Fences:
Do ear ar Ecedar,fir,chain link,barbwire,razor wire,and similar high maintenance and/or unsightly fencing
is prohibited. shall fiet be pefmiaed. However, powder coated chain link fencing may be permitted for use
on sports courts, school sites or at public utility sites, such as water tanks,when not located within general
view corridors.
Fencing shall comply with Section 7.4.2 of the approved Habitat Mitigation Plan:
Fencing meant to exclude wildlife from yards or buildingenvelopes nvelopes shall be a minimum of six-feet W)
high and be constructed of a highly visible material such as wood, metal,or block. Fence bottoms shall be
in contact with the ground. Fences shall either be solid or open-style fencing, however open style fencing
shall be designed with vertical spacing narrow enough to prevent big game from getting their heads caught
between members.
Fencing along regional, community, natural open space areas, and along wildlife corridors within low
density residential areas(Rural Residential(RR)and Estate Residential(ER)districts)shall be strategically
located or be wildlife friendly to prevent unnecessary barriers to wildlife movement. Fences that
accommodate wildlife passage shall be no higher than 40-inches(40")high and will be avoided on slopes
greater than 25-percent (25%). Fences with horizontal rails or wires shall provide spacing of at least 12-
inches(12")between the top two(2)cross members and 18-inches(18")between the lower cross member
and the ground.
The top level of all fences shall be free of protruding objects or rails.
Page 22 of 46
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Section 8:That Title 11A,Chapter 3,Section 7,be and is hereby amended,to read as follows with underline
text to be added and strike-through text to be deleted:
11A-3-7(D): Tree Retention, Removal and Replacement:
1. ,
as deteFmined by an ar-ber-ist, shall be Fetain
eit., to be removed f.em the p eet site (or- f efa abUttifIg Fight e f way) r pleeefne„t with e
€ellews:
Existing Tree Replaeemeet
6}�a '
4_2 inches or mete
if all eases, planting within publie ghts eF way shell be With a f el em the publie eraEr.ample.-Aft eight ineh /.�,.n
)ealipef:tree is ,
an aeeeptable mplaeemeat would be thme(3.)
A ineh eelipe,.treesor-four-(4)3 ifieh eelipe,.t,.eee
retained within the habitat areas of speeial eeneem shall be idemified en the habitat mitigmien lan
Pffm
of the appheable PUMP as areas that aFe te be fvtained er-replanted as fteAiv_e
damage to 2. &Eisting Health), Plants And Vegetatien. B?Eistifig health), native plants and vegetMiefi to be
within the drip li.,e of e,,,, publie of: ,ate retained tree OF shFub m severely .1...nage the_tree.
�_
Any sevef:ely damaged tFee ef: shrub shall be mplaeed in aeeeManee with subseetion D! efthis
4. Grade Changes And impen,ious Stfffaees-GFade ehanges and —H:faees shall be allowed
1
used to satisfy the minimum r-eqtiif:ed landseaping.
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of ExistingTrees:
rees:
a. Where trees are approved by the city to be removed, replacement with a species identified in
section 11 A-3-7(Y)of this article is required. For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous
tree removed,an equivalent amount of vertical feet shall be replanted.
Page 23 of 46
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Example: An eight inch 8")caliper deciduous tree is removed,an acceptable replacement would be four
(4) two inch (2") caliper deciduous trees. A twelve foot(12')tall coniferous tree is removed,
an acceptable replacement would be two(2)six feet(6')tall coniferous trees.
b. When a homeowners association or its agent removes tree(s)from a subdivision common area
to appropriately thin an overgrown canopy,replacement shall not be required provided the site
remains in compliance with subdivision's approved landscape plan as determined by the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple.
Trees which are weak wooded, weak branched, suckering damaged, diseased, insect infested,
or containing similar maladies may be exempt from replacement if removal is first approved
by the city.
d. In cases where the condition of the tree(s) constitutes an "emergency" as defined in section
I IA-1-5 of this title, the tree(s) may be removed without approval provided that the city is
notified after the tree's removal and provided with documentation indicating the tree's condition
at time of removal.
e. Planting within public rights of way shall be with approval from the city and the public entity
owning the property.
3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree or
shrub. Any severely damaged tree shall be replaced in accordance with subsection D2 of this
section.
4. Grade Changes And Impervious Surfaces:Grade changes and impervious surfaces shall be allowed
at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet
(6), or to the drip line,whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping,
6. Existing Healthy Plants And Vegetation: Existing hey native plants and vegetation to be
retained within the habitat areas of special concern shall be identified on the habitat mitigation plan
of the applicable PUMP as areas that are to be retained or replanted as native
Section 9: That Title 11A,Chapter 3, Section 7, be and is hereby amended,to read as follows with strike-
through text to be deleted:
11 A-3-7(I)(1)Completion Time:
The administrator may authorize a delay in the completion of planting ,
DeeembeF,jaffiffif)',Febr-uaf-y,and Mar-eh due to weather ,if a surety for one hundred fifty percent
(150%) of the cost of installation is provided to the city. The developer may be provided progressive
payments out of the surety to the extent of the cost of the completed portion of the required improvement
is completed, inspected and deemed approved by the city of Eagle.
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Section 10:That Title 11A,Chapter 3, Section 7,be and is hereby amended,to read as follows with strike-
through text to be deleted:
11A-3-7(L)(3)Urban Streets:
a. Urban streets may be arterials,collectors or local streets,or stretches thereof,which are located within
the VC, 14MU, NT-U, CC and NG distr-iots a plan area designated as a Community Center or
Neighborhood Center within the approved Planning Unit Master Plan(PUMP).
c. Urban streets shall have an attached or detached sidewalk on both sides of the street unless located
adjacent to Regional Open Space (ROS). Where this condition exists the sidewalk shall be on the
residential side only. The sidewalk. Sidewalks shall be a minimum of eight feet(8') wide. Street trees
in the sidewalk area shall be planted in tree wells with tree grates or cutouts a minimum of four feet(4')
square while providing a minimum five foot (5') clear sidewalk width. Any patios or outdoor dining
and seating areas between the back of curb and building will also provide a minimum five foot(5')clear
sidewalk width. Paved and/or landscaped bulb outs or thirty to sixty degree (30 - 60°) angle entries
shall be provided at intersections where on street parking is provided.
Section 11: That Title 11A, Chapter 3, Section 9, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
11A-3-9: Lighting:
B. Street Lighting:
2. Streetlights along public streets in Spring Valley shall consist of two(2)types as shown on exhibit
3-EE of this section:
d. Type A and B streetlights shall be in accordance with the examples shown on exhibit A and
consist of the following components as shown on the manufacturers' cut sheets at the end of
this section:
(1) Type A pole: Ameron concrete wood grained pole, square straight aluminum pole with
Bella Vista angle shade,or approved equal,with a pole height of nineteen-feet six-inches
to twenty-nine feet four-inches(19'-6" -29'-411).
(2) Type B pole: Ameron concrete wood grained pole, square straight aluminum pole with
Bella Vista angle shade,or approved equal,with pole height of fourteen-feet seven-inches
to nineteen-feet six-inches(14'-7" - 19'-6").
(3) Luminaire: Gallery 1970-S FG BF or approved equal.
(4) Lamps: LED (4AA92.700 Kelvin+/- 275 Kelvin) or metal halide(320 watts maximum)
but shall be consistent in their application within each roadway type.
C. Parking Area Lighting:
6. LEDs(4,-OW2. 000 Kelvin+/-275 Kelvin)and metal halide(320 watt maximum) shall be the only
type of parking area lighting permitted. Lamp type shall be consistent throughout the parking area.
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D. Pathway/Trail Lighting:
1. Pathway/trail lighting shall consist of two (2)types: pole lights and bollard lights. Pole lights are
identical to parking area lights and are located at trailheads,pathway/trail entries and intersections
and other focal points, such as seating areas.Bollard lights shall be located along the paved section
of the Big Gulch regional trail. Bollard lights shall be a concrete rusted finish pole, or equal, as
shown in exhibit 3-EE of this section. Lamps shall be LED (2,700 Kelvin +/- 275 Kelvin) or an
approved equal. All lamps shall be consistent in their application within each use area.
F. Sports Lighting:
3. Lamps: Lamps shall be LED (4,000 Kelvin +/-275 Kelvin), metal halide, or approved equal as
technologies advance.
Section 12: That Title 11A, Chapter 4, Section 2, be and is hereby amended, to read as follows with
underline text to be added:
11A-4-2(D)Enclosed trash and recycle receptable areas:
All trash and/or garbage and recycle collection areas for commercial,industrial and multi-family residential
uses shall be enclosed on at least three(3)sides by a solid wall or fence that
is constructed to be a minimum of 1-foot W)above the height of the trash and/or recycle receptacle within
the collection area measured from finish surface, and a solid wood gate on a metal frame shall enclose the
fourth side,or shall be within an enclosed building or structure.Adequate vehicular access to and from such
area or areas for collection of trash and/or garbage as determined by the administrator shall be provided.
Section 13: That Title 11A, Chapter 4, Section 4, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
11 A-4-4(AA): Home Occupations:
1. NE) MOM than one pefsen other-than fnembers of the family r-esiding on the pFemises shall be efigage
in sueh e66upatierr
2. The use of the dwelling unit for-the heme eecupation shall be elear-1), insidental and stibeFdinate to its
aFea of the dwelling unit shall be used in the eenduet of sueh eeratlpmiefl.
3. There shall be no rahange in the eutside appear-anee of the dwelling unit or othef visible elvidenee of the
by its eanduet shall meet the off stfeet par-king r-equir-ements as speraified in O+a - of this title.
>vibFatiea, glare-,
ftiffieS
> > >
if the eersupa4ion-fis
aeadoeted in a single family r-esidenee,OF outside the dwelling Unit, if eendueted-i-;;-A-ther than a single
7. A hafne aeratipa4ion shall not invelve the 1-1-se of signs and/or sAn-le-Aff-es A-ther-than these peffiiitted in t
8. Home A6iapF+ionsi �cnrit 4rfem the city.
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The provisions herein are to permit the establishment of home occupations that are compatible with the
districts in which they are located. The intent of the regulations of this chapter is to establish performance
standards for all home occupations. Home occupations shall be classified as either Class "A", "B" or "C"
home occupations and shall be regulated as follows:
1. Class A home occupations:
a. Shall be limited to those uses identified on the Official Schedule of District Regulations section
within this title as permitted within the underlying zone of the property.For instance, if the zone
of the property is RR,ER, SF1, SF2,SF3,SFZL,SFSL,SFA,MF1,or MF2 the underlying zone
is Residential.
b. Shall require a city issued business license.
c. Shall not require a home occupation permit.
2. Class B home occupations:
a. Shall be those uses conducted entirely within the dwelling or accessory structure, except that,
outdoor swimming lessons and dog training classes shall be permitted.
b. Shall require a city issued business license.
c. Shall not require a home occupation permit.
3. Class C home occupations:
a. Shall be those uses including activities conducted outside of the dwelling or accessory structure,
except for those uses classified as Class A or B home occupations.
b. Shall require a city issued business license.
c. Shall require City Council approval of a conditional use permit for the home occupation permit
if deemed to be in compliance with Eagle City Code with conditions assuring said compliance.
d. Shall have the outdoor area of use designed to assure no damage results to adjacent property.
e. No outdoor display or storage of unregistered vehicles,vehicle parts materials, goods, supplies
or equipment shall be allowed on the premises, except for lawfully parked registered vehicles.
f. Shall have a minimum of fb!jy feet(40')between the outdoor area of use and the prope line.
g_ Shall have a minimum of two(2)acres for sports fields, sports courts,horse riding lessons,and
other similar uses as may be determined by the City Council.
h. Shall have a minimum of three(3)acres for uses such as small wedding venues and other similar
uses as may be determined by the City Council.
i. Shall include conditions of approval specified by the City Council to regulate the hours of
operation, days of operation, number of events, numbers of
employees/customers/patrons/attendees, and other conditions specifically related to the
proposed use to assure compliance with this chapter.
1 Within seven(7) calendar days after a written decision has been rendered by the City Council,
the Zoning Administrator shall provide the applicant with written notice of the action on the
request.
k. The home occupation permit shall be valid for a maximum of five(5)years at which time a new
permit shall be required.
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4. Regulations Applicable to All Home Occupations:
a. The operator of every home occupation shall reside in the dwelling unit on the propem where
the home occupation operates or on an adjacent property owned by the same.
b. A home occupation must be conducted within a dwelling unit, within an approved accessory
structure,or outdoors in accordance with this section. Parcels on which the home occupation is
located may be adjacent to the parcel in which the dwelling unit is located so long as the adjacent
parcels are under the same ownership.
c. For home occupations conducted within a dwelling unit the total area used for the home
occupation shall not exceed twenty five percent(25%)of the total floor area of the dwelling,
d. For home occupations conducted within an accessory structure the entire area of an accessory
structure may be used for the home occupation provided the use within the structure is permitted
by the building code adopted by the city.
e. The home occupation business must be clearly incidental to the residential use of the property.
f. No alteration of the exterior of the dwelling in which the home occupation is being conducted
shall be made which changes the character thereof as a dwelling
9-- No advertising;or business signs are permitted in conjunction with the home occupation.
h. No outdoor display or storage of unregistered vehicles,vehicle parts materials goods supplies
orequipment shall be allowed on the premises,except for lawfully parked vehicles.
i. On-site parking for any vehicle primarily used in connection with the home occupation
employees/customers/patrons/attendees)shall be provided on a dust free surface in addition to
parking required for the dwelling unit.
j. The minimum number of covered parking spaces for the dwelling unit shall not be reduced
below the minimum number required by this title.
k. Sale of goods on the premises shall be limited to the products produced by the home occupation.
1. Deliveries of bulk material other than by mail local courier, or inter-city courier pertaining to
the home occupation shall not exceed one(1)per week and shall be limited to the hours between
8:00 a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be
restricted or disturbed as a result of a delivery to a home occupation.
m. The home occupation shall not interfere with the delivery of utilities or other services to the
area. '
n. The home occupation shall not generate any noise,vibrations, smoke dust odor, heat glare or
electrical interference with radio or television transmission in the area that would exceed that
which is normally produced by a dwelling unit use.
o. No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be
used, sold or stored on the site.
p. The home occupation shall at all times comply with all applicable city codes and the
requirements of other regulatory agencies having jurisdiction.
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5. Prohibited Home Occupations:
a. The following uses are prohibited for home occupation use:
Residential:
Mobile home(single unit)( rp imary residence)
Mobile home(single unit)(temporary living_quarters)
Mobile home court(RV)
Mobile home park
Multi-family dwelling
Planned unit development
Two-family dwelling
Commercial:
Adult business
Airport
Ambulance services
Arts and crafts shows
Auction facility
Automotive body shop
Automotive emission testin fg acility
Automotive gas station or fuel islands
Automotive gas station/service shop
Automotive,mobile home,travel trailer,and/or farm implement sales
Automotive repair
Automotive storage
Automotive vehicle vinyl wrap shop
Automotive washing facility
Bakery plant(wholesale)
Banks/financial institutions(no drive-up service)
Banks/financial institutions(with drive-up service)
Bar
Building supply outlet
Cabinet shop
Cemetery
Childcare:
Group Daycare Facility(7-12 children)
Daycare Center(13+children)
Christmas tree sales
Circuses and carnivals
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Club or lodge
Coffee roasting facility
Commercial entertainment facilities(indoor)
Commercial entertainment facilities(outdoor)
Communication facilities
Contractor's yard and/or shop
Convenience store with fuel service
Convenience store with no fuel service
Detention facilities
Drive-in theater
Drugstore
Electronic sales, service,or repair shop
Emergency healthcare
Emergency services
Equipment rental and sales yard
Flex space
Food and beverage sales
Hardware store
Heliports
Home and business services
Hospital
Hotel
Institution
Kennel
Laboratories
Laundromat
Laundry(with drive-up service)
Laundry(with no drive-up service)
Live entertainment events
Microbrewery
Mobile office
Mortuary
Motel
Nonprofit rehabilitation center
Nursing,/convalescent home
Office,medical and dental-however,counseling services are permitted
Parking lot,parking g_arage
Parking lot,parkinggarage,commercial
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Pawnshops(auto)
Pawnshops(general)
Personal wireless facilities(enclosed building,height-35'or less
Personal wireless facilities(enclosed building,height-over 35')
Personal wireless facilities(height-35'or less)
Personal wireless facilities(height-36'- 50')
Personal wireless facilities(height-over 50')
Restaurant(drive-in)
Restaurant(no drive-through)
Restaurant(with drive-through)
Retail sales( eg neral)
Retail sales(limited)
Retail sales(pharmacies and medical)
Shoppingcenter
enter
Shopping mall
Sign shop, including painting
Small engine repair(mower,chain saws,etc.)
Storage(fenced area)
Tattoo parlors and body piercing establishments
Tire shop, including recapping
Trade fair
Travel services
Truck stop
Upholstery shop
Vet clinic(animal hospital)
Welding,tool shop
Winery
b. As determined by the Zoning Administrator, uses that are not consistent with this chapter and that
impair the integrity of and/or exert a negative influence on the residential neighborhood in which
they are located, and/or other uses similar to those prohibited home occupation uses listed in this
section shall be prohibited.
c. All uses listed under the Industrial classification within the Official Schedule of District
Regulations shall be prohibited.
d. Repair or painting of motorized vehicles such as repair or painting/wrapping of autos trucks
trailers and boats, except that hobbyist restoration of vehicles is permitted if entirely enclosed
within an accessory structure or garage and all other conditions herein are satisfied.
e. Upon the submittal of a waiver application and findings adopted by the zoning administrator
addressing compliance with the following criteria the use(s) noted in subsection a. above maybe
permitted:
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(1) Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
(2) Will not be hazardous or disturbing to existing or future neighborhood uses,•
(3) Will be compatible with the scale and design of the structures and overall existing
development pattern of the surrounding area;
(4) Will not involve uses, activities, processes,materials, equipment and conditions of operation
that will be detrimental to any persons,property or the general welfare by reason of excessive
production of traffic, noise, smoke fumes glare or odors.
(5) If the waiver application is denied,the decision may be appealed in accordance with chapter
7 of this title. If no appeal is submitted,the decision is final.
Section 14: That Title I IA, Chapter 4, Section 4, be and is hereby amended, to read as follows with
underline text to be added:
I IA-4-4(FFF): Oil and Gas Extraction:
1. Definitions: For the purpose of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning_
ADMINISTRATIVE: A regulatory review and/or action performed by an employee or contractor of
the City and not deemed a legislative or quasi-judicial action.
APPLICANT: Any person, owner, operator, partnership company,corporation and its subcontractors
and agents who has an interest in real estate for the purpose of exploring or drilling for producing,or
transportingoil it or gas.
DEPARTMENT: The Idaho Department of Lands.
EXTRACTION:Activities necessary for removing natural gas or oil from underground and bringing it
up to ground level, or any activities, the purpose of which is to remove these materials from natural
pools or reservoirs beneath the earth's surface,including well drilling,iniection pumping and including
ancillary activities and facilities necessary for such extraction without which the extraction could not
occur.
OIL AND GAS: Means oil or gas or both. "Oil and gas"refers to not only to oil and gas in combination
with each other but also generally to oil gas casinghead gas casin hg ead gasoline gas-distillate or
other hydrocarbons, or any combination of combinations thereof, which may be found in or produced
from a common source or supply of oil, oil and gas,or gas-distillate.
OIL AND GAS WELL: A hole drilled into the earth for the purpose of exploring for or extracting oil
gas, or other hydrocarbon substances.
OPERATOR: The person of record,that is responsible for and actually in charge and control of drilling,
maintaining, operating_pumping or controlling any well including without limitation a unit operator.
If the operator, as defined herein, for any well is not the lessee of any premises affected by the
provisions of this chapter,then such lessee shall also be deemed to be an operator.In the event there is
no oil and gas lease relating to any premises affected by this chapter,the owner of the fee mineral estate
in the premises shall also be deemed an operator.
STATE: The State of Idaho.
WELL: An oil and gas well or an injection well, including but not limited to directional drilling wells
(for example, any well hole drilled into the ground).
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WELLHEAD: The equipment installed at the surface of the well.
2. Purpose: The purpose of this subsection J is to provide,through zoning provisions, for the reasonable
development of land for oil and gas drilling while providing adequate health,safety and general welfare
protections of the City of Eagle residents.
Local governments are preempted from regulating the oil and gas well operations or accomplishing the
same purposes regulated under Idaho Code section 47-314. Local zoning regulates surface land use as
authorized under the Local Land Use Planning Act,title 67, chapter 65, Idaho Code.
3. Zoning Classifications: An oil or gas well site shall be considered a permitted use by right within any
zoning district(s), subject to the standards listed herein.
4. Permit Requirement:
a. No oil or gas well site, or an addition to an existing oil or gas well site, shall be constructed or
located within City of Eagle unless an administrative zoning permit under this subsection J has
been issued by the City of Eagle to the applicant approving the construction or preparation of the
site for oil or gas development or construction of natural gas compressor stations or natural gas
processing plants.
b. Each application shall be submitted with the fee established pursuant to resolution of the City of
Eagle as adopted. Such fee shall be reasonably related to the cost of administeringthis his by the City
of Eagle.
c. Any modification to an existingand/or nd/or permitted oil or gas well site that materially alters the size,
location,number of wells or accessory equipment or structures, shall require a modification of the
permit under this subsection J. Like-kind replacements shall not require a permit modification.
d. Wells that were permitted and constructed prior to the adoption of this subsection J shall not be
required to meet the requirements of this subsection J.Any modification to an existing or permitted
oil or gas well site that occurs after the effective date of this subsection J and materially alters the
size, type, location, number of wells and other accessory equipment or structures, shall require
compliance with this subsection J.
e. Upon receiving notice from the department that an application has been submitted, the local
jurisdiction will notify all property owners within one mile of the affected tax parcel that an
application for a new oil and gas operation has been filed with the Cijy, County, Planning and
Zoning Department. The notice is for informational purposes only and will not solicit any public
comments on the application.
f. An oil or a�permit shall not be required for exploration for oil or gas. Exploration of oil or
gas means activities related to the various geological and geophysical methods used to detect and
determine the existence and extent of hydrocarbon deposits. The activities related to the search for
oil and gas include without limitation aerial, geological and geophysical surveys and studies,
seismic work, core drilling and the drilling of test wells. During the exploration process,the most
minimally invasive methods shall be used.
g_ If an applicant does not conduct said business for a period of one year, the administrative zoning
permit shall be null and void.Permits issued under this subsection J shall not be transferable to any
other applicant,except by majority vote of the City of Eagle,and the filingof an application by the
applicant to whom such license is, or may be,transferred or assigned.
h. The operator shall provide to the City a copy of any incident reports or written complaints submitted
to the department,the Idaho Oil and Gas Conservation Commission, or any other State or Federal
agency within twenjy four(24)hours after the operator has notice of the existence of such reports
or complaints.
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5. Permit Application: The applicant shall provide to the City of Eagle at the time of permit application:
a. A narrative describing an overview of the project including the number of acres to be disturbed for
development,the number of wells to be drilled including department permit number(s)for all wells,
if available, at the time of submittal and provided when issued later, and the location,number and
description of equipment and structures to the extent known.In addition to the narrative statement,
each application shall contain the following_
(1) The surface owner's name,address, and phone number.
(2) The mineral owner's name, address,and phone number(if different than the surface owner).
b. The address of the oil or gas well site and a legal description of the parcel as determined by the
Cily of Eagle and information needed to gain access to the well site in the event of an emergency_
c. The contact information of the individual or individuals responsible for the operation and activities
at the oil or gas well site shall be provided to the City of Eagle and all applicable emergency
responders as determined by the City of Eagle. Such information shall include a phone number
where such individual or individuals can be contacted twenty four(24)hours per day,three hundred
sixty five(365)days a year.Annually,or upon any change of relevant circumstances,the applicant
shall update such information and provide it to the City of Eagle and all applicable emergency
responders as determined by City of Eagle.
d. A scaled site plan of the oil or gas well site showing the drilling pad, planned access roads, the
approximate location of derricks, drilling rigs, equipment and structures and all permanent
improvements to the site and any post construction surface disturbance in relation to natural
resources. Included in this map shall be an area within the development site for vehicles to locate
while gaining access to the oil or gas well site. The only items that may be stored and vehicles that
may be parked on the operation site are those that are necessary to the everyday operation of the
well or associated facilities and do not constitute a fire hazard.
e. A narrative and map describing the planned access routes to the well sites on public roads including
the transportation and delivery of equipment,machinery,water,chemicals and other materials used
in the siting drilling,construction,maintenance and operation of the oil or gas well site.
f. Comply with Idaho State Water Quality Standards pursuant to IDAPA 58.01.02.850-852
addressing_procedures for Hazardous Materials Spills (850), Petroleum Release Reporting,
Investigation, and Confirmation (851) and, Petroleum Release Response and Corrective Action
Ma
Pursuant to IDAPA 20.07.02 section 310.15 (General Drilling Rules) prepare a comprehensive
emergency and spill response guidance document known as a Spill Prevention, Control and
Countermeasure(SPCC)Plan,to address key State and Federal regulations such as 40 CFR 112.1
through 40 CFR 112.10(SPCC Regulation)and IDAPA 20.07.02 (Rules Governing Conservation
of Oil and Natural Gas) and IDAPA 58.01.01 sections 800-852 (Water Quality Standards). As
needed, incorporate the unique elements of a Preparedness, Prevention and Contingency Plan and
obtain approval by the applicable fire district and the Eagle Police Department. The SPCC Plan
will be prepared by a qualified registered professional engineer (State of Idaho) and kept at each
drilling/production/workover facility. All oil-handling personnel must be trained to implement the
SPCC Plan, with emphasis upon maintaining oil storage tanks/containers, secondga containment
systems and promptly/safely handling emergency spills,leaks and accidental discharges of any oil-
based fluids and oil-laden water at the facility. Applicant will provide the operation's SPCC Plan,
to the applicable fire district and Eagle Police Department,to the City of Eagle and all emergency
responders at least thirty (30) days prior to drilling of an oil or gas well and at least annually
thereafter while drilling activities are taking place at the oil or gas well site. Drilling shall not
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commence until the City has approved the plan. The plan shall contain the MSDS(Material Safety
Data Sheet)or similar disclosure for all chemicals used on site with no exemption for trade secrets.
Such plan shall also contain a provision that within twenty four(24)hours of the discovery of any
oil and/or gas leak, spill, and/or emission release, the City and emergency responders shall be
notified and all operations shall cease immediately until such equipment has been repaired and
prior to operation, operator shall submit certification from a licensed and qualified professional
verifying that the equipment has been adequately repaired and the equipment is safe to return to
service. Such certification will be reviewed by the City Engineer. Prior to any changes, City shall
be notified regarding any modifications to operations or a change in the use of chemicals.
g. Conduct an appropriate site orientation of the SPCC Plan for all applicable emergency responders,
as determined by the City of Eagle. The cost and expense of the orientation shall be the sole
responsibilily of the applicant.If multiple wells/well pads are in the same area(covered by the same
emergency response agencies),evidence from the appropriate emergency response agencies that a
training course was offered in the last twelve(12)months shall be accepted.
h. A narrative describing the environmental impacts of the proposed project on the site and
surrounding land and measures proposed to protect or mitigate such impacts shall be provided to
the City of Eagle. A copy of any remediation and/or mitigation plan filed with the State shall be
submitted to the City and approved prior to the commencement of operations.
i. The applicant, at its own expense, shall provide,prior to drilling,documentation of baseline water
testing, conducted by an independent third-party, on a minimum of three (3) domestic wells (2
downgradient and 1 upUadient), which wells shall be located within one-fourth(1/4) of a mile of
the well site.Applicant shall provide at least one test prior to drilling and conduct and provide test
results eve!y quarter for the first year of operation. Thereafter, such wells shall be retested at least
twice annually and the results submitted to the City. Depending upon the depth of the domestic
wells selected for testing,the City may require an additional monitoring well(s)at the well site. If
two 2) domestic wells are not found within one-fourth (1/4) mile, the applicant shall install
a monitoring well downgradient of the well site for such testing. The depth and location of the
monitoring well(s) shall be approved by the City and based on subsurface geology and aquifer
information provided by the applicant. All monitoring,wells shall also be approved by the Idaho
Department of Water Resources.The following parameters to be tested,include,but are not limited
to, water temperature, pH, specific conductivity, total dissolved solids, major ions (chloride,
fluoride, sulfate, nitrate, silica, calcium, sodium, potassium, magnesium), trace elements
(aluminum, arsenic, barium, boron, iron, manganese, selenium, uranium, iodine), radiochemical
(gross alpha/gross beta radioactivity, in addition to uranium), and organic constituents (benzene,
toluene, ethylbenzene, Mlenes (BTEX), methane, methyl tertiary butyl ether (MTBE)), heavy
metals (cadmium, chromium, lead, mercury, strontium, vanadium), compounds (formaldehyde
hydrofluoric acid,nitrogen oxides)and any other chemical as determined by the City Engineer.
1 The applicant or permittee, at its own expense, shall provide, prior to drilling, documentation and
results of a completed baseline subsurface testing program, conducted by a qualified independent
third-party, characterizing potential water bearing zones, utilizing non-invasive or minimally-
invasive exploration methods. The methods employed may include, for example, geophysical
techniques such as electrical resistivity, electromagnetics, seismic refraction, rg avity, electrical
resistivily tomography and ground penetrating radar, or exploratory drilling. Selection of an
approach utilizing one or more of these methods, or alternatives proposed b t�pplicant or
permittee,must be approved by the City Council,as advised by the City Engineer or an independent
qualified third-party as designated by the City Council. If hydraulic fracturing or a similar process
is approved by the Idaho Department of Lands, in anyproposed production drill hole,the applicant
or permittee,at its own expense,shall provide,prior to conducting hydraulic fracturing or a similar
process,documentation and results of baseline subsurface testing,utilizing the electrical resistivity
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tomo rg aphy technique(ERT), to evaluate the subsurface volume within and around the drill hole,
particularly regarding the presence of any water bearing zones. If hydraulic fracturing or similar
process is carried out in any such drill holeLZperiodic ERT monitoring shall be conducted on a
schedule approved by the City Council,to evaluate any physical or chemical changes that may be
occurring over time. Any and all of such testing and/or data collection, including the initial
instrumentation of any proposed production wells, to accommodate subsequent ERT data
collection, shall be approved by the City Council and supervised by City staff, the City Engineer,
or an independent third-party as directed by the City Council.
k. Non-radioactive tracing or tagging additives, unique for each permitted drill site must be added to
all fluids used for drilling, as well as post-drilling well treatment, including hydraulic fracturing.
The City shall be notified in writing of the formula of such additives from each well.
1. Automatic emergency shut off valves that can be operated remotely shall be installed on drilling
equipment with access to valves provided to the City and the applicable fire district in case of fire
or explosion.
m. The applicant shall comply with all State and Federal air quality regulations. The applicant shall
report the receipt of any air quality complaints to the City within twenty four(24)hours.
n. The applicant shall provide proof of a certificate of comprehensive general liability insurance in
the amount of no less than fifteen million dollars ($15,000,000.00) per occurrence with an
aggregate of thirty million dollars ($30,000,000.00) and a company authorized to do business in
the State of Idaho shall write the poliopolicy shall not contain any exclusions of coverage
for hydraulic fracturing or mining extraction activities. The applicant shall also provide proof of
operator's extra expense liabili, coverage in the event of well failures in the amount no less than
one million dollars($1,000,000.00). The certificate shall require at least thigy_(30)dgys'notice to
the City_prior to termination of coverage for any reason. The applicant shall secure substitute
liability insurance coverage prior to actual termination, failure to maintain comprehensive general
liability insurance shall result in immediate withdrawal of the permit by the City. At time of
application,the applicant shall provide written indemnification for the City.
6. Issuance Of Permit:
a. Within think (30)business days after receipt of a permit application,the City of Eagle will process
and determine whether the application is complete and advise the applicant accordingly.
b. Pursuant to Idaho Code 47-314(10)(b), if the application is complete and fulfills the requirements
of this subsection J, the City of Eagle shall issue a permit within twenty one (21) days following
the date the complete application was submitted.
c. If the application is incomplete or does not fulfill the requirements of this subsection J,the City of
Eagle shall return the application to the applicant.After necessary changes have been made City of
Eagle shall follow subsection J6b of this section.
d. As a condition of permit approval,applicant shall provide all permits and plans from the department
and all other appropriate re ug latory agencies within thirty(30)dqys of receipt of such permits and
plans.
e. Temporary housing for well site workers is prohibited. Applicant shall provide for adequate
screening and restroom facilities for employees.
7. Site Design And Installation:
a. Access: The permit application shall be submitted to the appropriate road agency (Ada County
Highway District (ACHD) or Idaho Transportation Department (ITD)) for comment. Any
conditions provided b the agency shall be required as part of the approval of the permit.
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b. Height: There shall be an exception to the height restrictions contained in this section for the
temporary placement of drillings,dryin tanks,anks,pad drilling and other accessory uses necessary
for the actual time period of drilling or redrilling of an oil or gas well or pad drilling_
c. Setbacks/Location:
(1) Except as provided in Idaho Code section 47-319, oil and gas wells, tank batteries and gas
processing facilities shall not be constructed within one-half(1/2) of a mile of the property
line of an occupied structure,dace of worship/assembly,medical facility/hospital,or school,
domestic water well,canal,ditch or the natural or ordinary high-water mark of surface waters
or within one-quarter(1/4)mile of a highway_
(2) Oil and gas wells, tank batteries and gas processing facilities may be constructed less than
one-half(1/2)of a mile but more than one-quarter(1/4)of a mile from an occupied structure,
domestic water well, if the operator has obtained the express written permission from the
owner of the occupied structure or domestic water well.
(3) Oil and gas wells shall not be constructed within the Federal Emergency Management Agency
(FEMA)special flood hazard area.
(4) Recognizing that the specific location of equipment and facilities is an integral part of the oil
and gas development,and as part of the planning process, operator shall strive to consider the
location of its temporary and permanent operations, where prudent and possible, so as to
minimize interference with City of Eagle residents' enjoyment of their property and future
development activities as authorized by the City of Eagle applicable ordinances.
d. Screening And Fencing:
(11) Securily fencing, shall not be required at oil or gas well sites during the initial drilling, or
redrilling operations,as long as manned 24-hour on-site supervision and security are provided.
(2) Securily fencing shall be at least six feet(6') in height equipped with lockable gates at every
access point and have openings no less than twenty feet (20') wide pursuant to International
Fire Code. Additional lockable gates used to access oil and gas well sites by foot may be
allowed, as necessary. The Fire Chief shall be provided with a method to access the drill site
in the case of an emergency, preferably by use of the Knox System.
(3) Warning signs shall be placed on the fencing surrounding the oil or gas well site providing
notice of the potential dangers and the contact information in case of an emergency. During
drilling and hydraulic fracturing, clearly visible warning signage shall be posted on the pad
site.
e. Lighting: Lighting at an oil or gas well site, either temporary or permanent, shall be directed
downward and inward and comply with dark sky principles.Flaring is not permitted between sunset
and sunrise.
f. Noise: Extraction activities shall comply with the City's Noise Ordinance, title 4,chapter 9 of this
Code.
& Dust Control,Vibrations, And Odors:
(1) To prevent injury or nuisances to persons living and working in the area surrounding the
operation site, the operator shall conduct drilling and production in a manner that minimizes
dust, vibrations, or odors, and in accordance with induspy best practices for drilling and
production of gas and other hydrocarbons.
(2) The operator shall adopt proven technological improvements in industry standards for drilling
and production of reducing dust,vibration,and odor.
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If the City determines that the dust, vibrations, or odors related to the drilling and production
use present an unreasonable risk of injury,operations shall cease until such issue is adequately
addressed to the satisfaction of the City.If the City determines that the dust,vibrations,or odors
related to the drilling and production have become a nuisance to persons living and working in
the area,the City shall require the operator to adopt reasonable methods for reducing the dust,
vibrations,and odors.This may include a requirement to install a mud shaker with construction
of access roads for vehicles exiting the site.
Operator shall control fugitive dust arising from operations and truck traffic. Operator shall
dust proof the site by applying water,road mixture,or other means that reduce dust.Petroleum
based and synthetic polymers, and electrochemical products are prohibited.
h. Hours Of Operation: Site development, other than drilling shall be conducted only between
seven o'clock(7:00)A.M. and seven o'clock(7:00)P.M. Monda through Friday,nine o'clock
(9:00)A.M.to five o'clock(5:00)P.M.on Saturday and at no time on Sunday.Truck deliveries
of equipment and materials associated with drilling and well servicing site preparation and
other related work conducted on the site shall be limited to the above same work hour
restrictions except in cases of an emergency.
8. Waiver: In the case of an application for permit under this subsection FFF, a waiver from an
imposed condition(s)may be granted if the condition(s)is in conflict with chapter 3,title 47 of the
Idaho Code. The applicant will have the burden to show there is a conflict with chapter 3,title 47
of the Idaho Code, and that the local and State rules cannot be implemented harmoniously.
Section 15: That Title 11A, Chapter 4, Section 4, be and is hereby amended, to read as follows with
underline text to be added:
I IA-4-4(GGG): Oil and Gas Post-Extraction:
1. Definition: Post-extraction processing activities refer to the handling of oil and gas after it has been
extracted from the earth, more specifically defined as any and all activity relating to site construction
and maintenance for processing of, oil and natural gas which, is not a part of the extraction process,or
which occurs after the oil, natural gas, produced water, or any other substance or material has been
removed from the ground,including and/or concerning,but not limited to:a)waste disposal,b)fencing,
c signage,d)lighting,e)venting_ flaring,g)vehicle traffic and access,h)noise,i)height restrictions,
i)setbacks,k)disposal wells,1)storage tanks,m)transfer pipelines,n)compression facilities,o)settling
ponds,p)derricks,q)wastewater disposal,r)refining facilities.
"Post-extraction processing activities" include: "gathering facilities" as defined in Idaho Code section
47-31000), other facilities, equipment or improvements used or installed for the gathering,treatment,
refining,or other processing of oil or natural gas or other materials or substances, "processing facilities"
as defined in Idaho Code section 47-310(26), "gas processing facilities" as defined in IDAPA
20.07.02.23, "pits" as defined in IDAPA 20.07.02.37, and "tank batteries" as defined in IDAPA
20.07.02.51,whether or not located on a well site(as defined in IDAPA 20.07.02.59).
"Post-extraction activities" do not include: "Tanks" as defined in IDAPA 20.07.02.50 when such tanks
are: a) located on a well site as defined in IDAPA 20.07.02.59 and b) contain materials used in and
necessary for extraction activities.
All other definitions applicable to this section are found in subsection FFF of this section.
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2. Purpose: The purpose is to provide,through zoning provisions for the reasonable development of land
for oil and gas drilling and post-extraction while providing adequate health, safety and general welfare
protections of the City of Eagle residents.
Local zoning regulates surface land use as authorized under the Local Land Use Planning Act title 67
chapter 65,Idaho Code.
3. Zoning Classifications: An oil or gas post-production facility shall be considered a conditional use
within the zoning district(s) pressly set forth in the land use table subject to the standards listed
herein.
4. Permit Requirement:
a. No oil or gas post-extraction facility shall be constructed or located within Cfty of Eagle unless a
conditional use permit has been issued by the City of Eagle to the applicant approving the
construction or preparation of the site for oil or gas post-extraction.
b. Each application shall be submitted with the fee established pursuant to resolution of the City of
Eagle as adopted. Such fee shall be reasonably related to the cost of administeringthis his by the City
of Eagle.
c. Any modification to an oil and gas post-extraction site that materially alters the size, location,
number of accessory equipment or structures, shall require a modification of the permit under this
subsection GGG. Like-kind replacements shall not require a permit modification.
d. Upon receiving application for post-extraction the City Zoning Administrator shall comply with
section I IA-8-4-2 of this title.
5. Permit Application: The applicant shall provide to the Ci y of Eagle at the time of permit application:
a. A narrative describing an overview of the post-extraction project including the number of acres to
be disturbed for development, the process proposed for post-extraction including compressor
stations, dehydration facilities, tanks, pits or ponds, collection lines equipment and structures
number and description of equipment and structures to the extent known. Injection wells for
wastewater or processed water is prohibited.In addition to the narrative statement,each application
shall contain the following:
(1) The surface owner's name,address, and phone number.
(2) The mineral owner's name,address,and phone number(if different than the surface owner).
b. The address of the oil or gas post-extraction site and a legal description of the parcel as determined
by the City of Eagle and information needed to gain access to the well site in the event of an
emergency.
c. The contact information of the individual or individuals responsible for the operation and activities
at the oil or gas post-extraction site shall be provided to the City of Eagle and all applicable
emergency responders as determined by the City of Eagle. Such information shall include a phone
number where such individual or individuals can be contacted twenly four(24)hours per dam
hundred siNV five(365)days a year. Annually,or upon any change of relevant circumstances,the
Applicant shall update such information and provide it to the City of Eagle and all applicable
emergency responders as determined by Ci, of Eagle.
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d. A scaled site plan,including elevations or visual aids,of the oil or gas post-extraction site showing
the planned access roads,compressor stations,dehydration facilities,tanks,pits or ponds,collection
lines equipment and structures and all permanent improvements to the site and any post
construction surface disturbance in relation to natural resources. Included in this map shall be an
area within the development site for vehicles to locate while gaining access to the oil or gas post-
extraction site.
e. A narrative and map describing the planned access routes to the well sites on public roads including
the transportation and delivery of equipment,machinery,water,chemicals and other materials used
in the post-extraction operation of the oil or gas well site.
f. Comply with Idaho State Water Quality Standards pursuant to IDAPA 58.01.02.850-852
addressing_procedures for Hazardous Materials Spills (850), Petroleum Release Reporting,
Investigation, and Confirmation (851) and, Petroleum Release Response and Corrective Action
8( 52).
Pursuant to IDAPA 20.07.02 section 310.15 (General Drilling Rules) prepare a comprehensive
emergency and spill response guidance document known as a Spill Prevention, Control and
Countermeasure(SPCC)Plan,to address key State and Federal regulations such as 40 CFR 112.1
through 40 CFR 112.10(SPCC Regulation)and IDAPA 20.07.02 (Rules Governing Conservation
of Oil and Natural Gas) and IDAPA 58.01.01 sections 800-852 (Water Quality Standards). As
needed, incorporate the unique elements of a Preparedness, Prevention and Contingency Plan and
obtain approval by the applicable fire district and the Eagle Police Department. The SPCC Plan
will be prepared by qualified registered professional engineer(State of Idaho) and kept at each
drilling/production/workover facility. All oil-handling personnel must be trained to implement the
SPCC Plan, with emphasis upon maintaining oil storage tanks/containers, secondary containment
systems and promptly/safety handling emergency spills,leaks and accidental discharges of any oil_
based fluids and oil-laden water at the facility. Applicant shall provide the SPCC Plan to the City
of Eagle and all emergency responders at least thiM(30)days prior to drilling of an oil or gas well
and at least annually thereafter while drilling activities are taking place at the oil or gas well site.
Drilling shall not commence until the Cijy has approved the plan.The plan shall contain the MSDS
(material safety data sheet) or similar disclosure for all chemicals used on site with no exemption
for trade secrets. Such plan shall also contain a provision that within twen, four(24)hours of the
discovery of any oil and/or gas leak, spill, and/or emission release, the City shall be notified and
all operations shall cease immediately until such equipment has been repaired and prior to
operation, operator shall submit certification from a licensed and qualified professional verifying
that the equipment has been adequately repaired and the equipment is safe to return to service.Such
certification will be reviewed by the City Engineer.Prior to any changes,the City shall be notified
regarding any modifications to operations or a change in the use of chemicals.
g. Conduct an appropriate site orientation of the SPCC Plan for all applicable emergency responders,
as determined by the City of Eagle. The orientation shall be conducted prior to the commencement
of post-extraction activities.The cost and expense of the orientation shall be the sole responsibility
of the applicant.
h. A narrative describing the environmental impacts of the proposed project on the site and
surrounding land and measures proposed to protect or mitigate such impacts shall be provided to
the City of Eagle. A copy of any remediation and/or mitigation plan filed with the State shall be
submitted to the City and approved prior to the commencement of operations. The City reserves
the right to provide additional requirements to a remediation and/or mitigation plan.
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i. The applicant,at its own expense, shall provide,prior to post-extraction,current documentation of
baseline water testing, conducted by an independent third-party, on a minimum of three (3)
domestic wells(2 downgradient and 1 upgradient) which wells shall be located within one-fourth
(1/4)of a mile of the well site.Applicant shall provide at least one test prior to post-extraction and
conduct and provide test results every quarter for the first year of operation. Thereafter, such wells
shall be retested at least twice annually and the results submitted to the City. Depending upon the
depth of the domestic wells selected for testing the City may require an additional monitoring
well(s) at the well site. If two (2) domestic wells are not found within one-fourth (1/4) mile the
applicant shall install a monitoring_well downgradient of the post-extraction site for such testing,
The depth and location of the monitoring well(s) shall be approved by the City and based on
subsurface geology and aquifer information provided by the applicant. All monitoring wells shall
also be approved by the Idaho Department of Water Resources. The following parameters to be
tested, include,but are not limited to,water temperature pH specific conductivity,total dissolved
solids, major ions, (chloride, fluoride, sulfate, nitrate silica calcium sodium potassium
magnesium), trace elements (aluminum, arsenic, barium boron iron manganese selenium
uranium, iodine),radiochemical(gross alpha/gross beta radioactivity, in addition to uranium) and
organic constituents (benzene, toluene, ethylbenzene xylenes (BTEX) methane methyl tertiary
butyl ether (MTBE)), heavy metals (cadmium, chromium, lead mercury strontium vanadium),
compounds(formaldehyde,hydrofluoric acid,nitrogen oxides)and an3qhing else as determined by
the Cit�En Engineer.
j, Automatic emergency shut off valves that can be operated remotely shall be installed on post-
extraction facilities with access to valves provided to the City and the applicable fire district in case
of fire or explosion.
k. The applicant shall comply with all State and Federal air and water quali , regulations. The
applicant shall report the receipt of any air or water quality complaints to the City within twenty
four(24)hours of receipt.
1. The applicant shall submit proof of a certificate of comprehensive general liability insurance in the
amount of no less than fifteen million dollars ($15,000,000.00)per occurrence with an aggregate
of thirty million dollars($30,000,000.00)and a company authorized to do business in the State of
Idaho shall write the policy. The policy shall not contain any exclusions of coverage for hydraulic
fracturing or mining extraction activities.The certificate shall require at least thirty(30)days'notice
to the City prior to termination of coverage for any reason. The applicant shall secure substitute
liability insurance coverage prior to actual termination; failure to maintain comprehensive general
liability insurance shall result in immediate withdrawal of the permit by the City. At time of
application,the applicant shall provide written indemnification for the City.
6. Site Design And Installation:
a. Access: The permit application shall be submitted to the appropriate road agency(ACHD or ITD)
for comment.Any conditions provided b, the he agency shall be required.
b. Height:No post-extraction facility shall exceed thirty five feet(35').
c. Setbacks/Location:
(1) Post-extraction facilities shall not be constructed within:
One-quarter(1/4)of a mile from a highway
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One-half(1/2)mile from the property line of an occupied structure,a water well,ditches or canals,
an occupied school,hospital/medical facili ,or place of worship/assembles
Otherwise comply with IDAPA 20.07.02.430.01,as may be amended.
(22,) Recognizing that the specific location of equipment and facilities is an integral part of the oil
and gas development,and as part of the planning process,operator shall strive to consider the
location of its temporary and permanent operations, where prudent and possible, so as to
minimize interference with City of Eagle residents' enjoyment of their property and future
development activities as authorized by the Cijy of Eagle applicable ordinances.
d. Screening And Fencing_
(1) Security fencing with materials approved by the City,shall be installed around post-extraction
structures and ponds or pits prior to the commencement of post-extraction.
Securily fencing shall be at least six feet(6') in height equipped with lockable gates at every
access point and have openings no less than twenty feet (20') wide pursuant to International
Fire Code. Additional lockable gates used to access oil and gas post-extraction sites by foot
may be allowed, as necessary. The Fire Chief shall be provided with a method to access the
drill site in the case of an emergency,preferably by use of the Knox System.
(3) Warning signs shall be placed on the fencing surrounding the oil or gas post-extraction site
providing notice of the potential dangers and the contact information in case of an emergency.
(4) In construction of post-extraction facilities, the natural surrounding shall be considered to
preserve existing trees and other native vegetation.Existing trees and respective roots sty
should not be disturbed whenever possible.Re-forestation/re-vegetation of the post-extraction
site will be provided by the owner/operator as required by rules governing oil and gas
conservation.
e. Lighting: Lighting at an oil or gas post-extraction site, either temporary or permanent, shall be
directed downward and inward and comply with dark sky principles. Flaring is not permitted
between sunset and sunrise.
f. Noise: Post-extraction activities shall comply with the City's Noise Ordinance,title 4, chapter 9 of
this Code.
g. Dust Control,Vibrations,And Odors:
To prevent injury or nuisances to persons living and working in the area surrounding the
operation site, the operator shall conduct drilling and production in a manner that minimizes
dust, vibrations, or odors, and in accordance with industry best practices for drilling and
production of gas and other hydrocarbons.
(2) The operator shall adopt proven technological improvements in industry standards for drilling
and production of reducing dust,vibration,and odor.
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(3) If the City determines that the dust, vibrations, or odors related to the post-extraction use
present an unreasonable risk of injury, operations shall cease until such issue is adequately
addressed to the satisfaction of the City. If the City determines that the dust, vibrations, or
odors related to the post-extraction have become a nuisance to persons living and working in
the area,the City shall require the operator to adopt reasonable methods for reducing the dust
vibrations, and odors. This may include a requirement to install a mud shaker with
construction of access roads for vehicles exiting the site.
(4) Operator shall control fugitive dust arising from operations and truck traffic. Operator shall
dust proof the site by applying water,road mixture,or other means that reduce dust.Petroleum
based and synthetic polymers, brine water, sulfur water, water in mixture with any
hydrocarbon, including used motor oil,and electrochemical products are prohibited.
Temporary housing is prohibited.Applicant shall provide for adequate screening and restroom
facilities.
h. Hours Of Operation: Site development, other than drilling shall be conducted only between seven
o'clock(7:00)A.M. and seven o'clock(7:00)P.M.Monday through Friday and nine o'clock(9:00)
A.M. to five o'clock (5:00) P.M. on Saturday and at no time on Sunday. Truck deliveries of
equipment and materials associated with drilling and well servicing, site preparation and other
related work conducted on the site shall be limited to the above same work hour restrictions except
in cases of an emergency. (Ord. 792, 6-26-2018)
7. Waiver: In the case of an application for permit under this subsection GGG a waiver from an imposed
condition(s)maybe granted if the condition(s)is in conflict with chapter 3 title 47 of the Idaho Code.
The applicant will have the burden to show there is a conflict with chapter 3 title 47 of the Idaho Code and
that the local and State rules cannot be implemented harmoniously. (Ord. 794 2-12-2019)
Section 16:That Title 11A,Chapter 8,Section 7,Subsection 1 be and is hereby amended,to read as follows
with underline text to be added and strike-through text to be deleted:
11A-8-7-1: BOARD LEVEL DESIGN REVIEW APPLICATION:
B. Action And Required Findings: Following a complete review of the design review application,
the design review board shall approve the application as presented, approve the application with
supplementary conditions, continue the application for further review, or deny the application. Withi
1. Cijy Findings: The City shall make findings which address the following_
a. The ordinance and standards used in evaluatingthe he application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing;that such design review at the proposed location:
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a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surroundingbuildings uildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and adjacent buildings,and will not cover or detract from desirable architectural features.
C. Action By The City Council: Upon receipt of the recommendation by the Design Review Board, the
City Council shall either approve, approve with supplementary conditions, remand to
the Design Review Board for further consideration,or deny the design review application as presented.
In lieu of adopting findings as outlined within subsection B of this section,the City Council may adop
the Design Review Board's findings. Within seven(7)calendar days after a decision has been rendered
by the City Council, the Zoning Administrator shall provide the applicant with written notice of the
action on the request. (Ord. 781, 8-8-2017)
Section 17: That Title I IA, Chapter 13C, Section 2, Subsection 5, be and is hereby amended, to read as
follows with strike-through text to be deleted:
I IA-13C-2-5: PRIVATE STREETS AND PRIVATE ALLEYS:
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private streets and private alleys shall be designed and constructed in accordance with
Ada County Highway District's stmetufal standards for streets and alleys unless modified
within this Section approved by the city council.
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Section 18: That Title 11A, Chapter 13C, Section 8, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
11A-13C-8: Fences:
Any fencing located adjacent to open spaces and on the street side of all corner lots shall be an open fencing
style such as wrought iron or other similar decorative style, durable fencing material. Refer to IIA-3-
6(B)(3)(e) for specific fencing requirements. Speraifie buffer- area fenees and deeeffitive walls May be
allewed as ethem,ise required in ehapter-3 of this title. Chainlink, eedaF,bafbwife, mzef wiFe, and similar-
high fflaifiteflaftee and/eF Hf1Sight1)4eReiftg jtpfgL+�shall fiet be peFmit4ed within the above designated
areas.
Section 19: The provisions of this ordinance are hereby declared to be severable and if any provision of
this act or the application of such provision to any person or circumstance is declared invalid for any reason,
such declaration shall not affect the validity of remaining portions of this ordinance.
Section 20: This ordinance shall take effect and be in force from and after its passage, approval, and
publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in
compliance with Section 50-901A, Idaho Code,may be published.
Approved and adopted this 101 day of January, 2023.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County,Idaho
so Pierce,Mayor
A EST: E •'•
• a
racy E rn Eagle City'fyl�rk.`-' C'Dw �'•'•-44
STATE OF IDAHO )
ss.
County of Ada )
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On this b day of-AnVar H , in the year 202,Z, before me,the undersigned, a
Notary Public in and for said State, personally appeared JASON PIERCE, known to me to be the
MAYOR of said municipal corporation that executed this instrument and the persons who
executed the said instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
�. CSEN�.�� Not 6Puc
oyti;•......,•%sr
TAIR)'% s Residing at:
• = My Commission Expires: ZlZcp lZS
• pUBLiC,� •
•o •
•� N No ff- `- �•
OF 19P
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SUMMARY OF ORDINANCE NO.889
The following is a summary of Ordinance No. 889, adopted by the City Council of the City of Eagle,Ada
County, Idaho, on January 10, 2023:
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 11A,
CHAPTER 1, SECTION 5, "DEFINITIONS"; CHAPTER 2, SECTION 3, "LAND USE
STANDARDS";CHAPTER 2,SECTION 4,SUBSECTION D,"REFUSE STORAGE/DISPOSAL";
"CHAPTER 2, SECTION 4, SUBSECTION G "SINGLE-FAMILY SPECIAL LOT (SFSL)
DEVELOPMENT STANDARDS"; CHAPTER 3, SECTION 1, "GENERAL APPLICABILITY";
CHAPTER 3, SECTION 5, SUBSECTION B, PARAGRAPH 1, ITEM K, "METAL SIDING";
CHAPTER 3,SECTION 6,SUBSECTION B,PARAGRAPH 3,ITEM E,"FENCES"; CHAPTER 3,
SECTION 7, SUBSECTION D, "TREE RETENTION, REMOVAL AND REPLACEMENT";
CHAPTER 3, SECTION 7, SUBSECTION I, ITEM 1, "COMPLETION TIME"; CHAPTER 3,
SECTION 7, SUBSECTION L, ITEM 3, "URBAN STREETS"; CHAPTER 3, SECTION 9,
"LIGHTING"; CHAPTER 4, SECTION 2, SUBSECTION D, "ENCLOSED TRASH AREAS";
CHAPTER 4, SECTION 4, SUBSECTION AA, "HOME OCCUPATIONS"; CHAPTER 4,
SECTION 4, SUBSECTION FFF, "OIL AND GAS EXTRACTION"; CHAPTER 4, SECTION 4,
SUBSECTION GGG, "OIL AND GAS POST-EXTRACTION"; CHAPTER 8, SECTION 7,
SUBSECTION 1, "BOARD LEVEL DESIGN REVIEW APPLICATION"; CHAPTER 13C,
SECTION 2,SUBSECTION 5,"PRIVATE STREETS AND PRIVATE ALLEYS"; CHAPTER 13C,
SECTION 8, "FENCES"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE,Ada County, Idaho:
A summary of the principal provisions of Ordinance No. 889 of the City of Eagle, Ada County, Idaho
adopted on January 10,2023, are as follows:
Section 1 through 18: Amends and enacts sections of City Code in Title 11A"Planned Developments".
More specifically, it amends: definitions, the schedule of district use regulations, land use standards,
specific land use standards,trash enclosure design requirements,the general applicability of design review
requirements, metal siding specifications, fence requirements, tree removal, retention, and replacement
requirements,when applicants may submit financial sureties,urban streets and sidewalks,home occupation
permits,oil and gas extraction and post-extraction definitions,design review approval process,and private
alley standards.
Section 19 through 20: Provides that this ordinance shall be in full force and effect from and after its
passage, approval, and publication, according to law; provides for severability; repeals conflicting
ordinances,resolutions, and orders.
The full text of Ordinance No. 889 is available at City Hall, on the City website, and will be provided to
any citizen upon personal request during normal office hours.
Provides an effective date and for publication by summary.
Jason Pierce, Mayor
Attest: Tracy E. Osborn,City Clerk
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CERTIFICATION OF ATTORNEY
I,the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to the City
of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 889 of the City of
Eagle and that the same is true and complete and provides adequate notice to the public of the contents of
said ordinance.
Dated this day of January 2023.
Victor Villegas
Borton-Lakey Law& Policy
City Attorney, City of Eagle
Page 2 of 2
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DurhamBeaufort Gazette The Herald-Pock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach
Belleville News-Dernocrat Herald Sun-
ObispoBellingham Herald Idaho Statesman Paleigh News&Obsem-er The Telegraph-Macon
y Bradenton He.ld Island Packet The Olympian San Luis
Daily
Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle
Columbus LedgeF-Enquirer Merced Sun-Star The State-Columbia
Fresno Bee Kami Herald Sun Herald-Biloxi
AFFIDAVIT OF PUBLICATION
Account A Order Number Identification Order PO Amount Cols Depth
36791 373431 Print Legal Ad-IPLO1064470-IPLO106447 $74.76 2 61L
Attention: Kellie Rekow Bettina Jantzen,being duly sworn,deposes and
PO BOX 1520 says:That she is the Principal Clerk of The Idaho
EAGLE,ID 836169102 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
uninterruptedly published in said County during a
SUMMARY OF ORDINANCE NO.889 period of twelve consecutive months prior to the
The following is a summary of Ordinance No.889,adopted by the City Council first publication of the notice,a copy of which is
of the City of Eagle,Ada County,Idaho,on January 10,2023:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, attached hereto:that said notice was published in
AMENDING TITLE 11A, CHAPTER 1, SECTION 5, "DEFINITIONS";
CHAPTER 2, SECTION 3, "LAND USE STANDARDS"; CHAPTER 2, The Idaho Statesman,in conformity with Section
SECTION 4, SUBSECTION D, "REFUSE STORAGE/DISPOSAL"; 60-108,Idaho Code,as amended,for:
"CHAPTER 2, SECTION 4, SUBSECTION G "SINGLE-FAMILY SPE-
CIAL LOT(SFSL)DEVELOPMENT STANDARDS";CHAPTER 3,SEC-
TION 1,"GENERAL APPLICABILITY";CHAPTER 3,SECTION 5,SUB-
SECTION B,PARAGRAPH 1,ITEM K,"METAL SIDING";CHAPTER 3, 1 insertion(s)published on:
SECTION 6, SUBSECTION B, PARAGRAPH 3, ITEM E, "FENCES";
CHAPTER 3,SECTION 7,SUBSECTION D,"TREE RETENTION,RE- 01/22/23
MOVAL AND REPLACEMENT";CHAPTER 3, SECTION 7, SUBSEC-
TION I, ITEM 1, "COMPLETION TIME'; CHAPTER 3, SECTION 7,
SUBSECTION L,ITEM 3,"URBAN STREETS";CHAPTER 3,SECTION
9, "LIGHTING"; CHAPTER 4, SECTION 2, SUBSECTION D, "EN-
CLOSED TRASH AREAS"; CHAPTER 4, SECTION 4, SUBSECTION
AA, "HOME OCCUPATIONS"; CHAPTER 4, SECTION 4, SUBSEC-
TION FFF,"OIL AND GAS EXTRACTION";CHAPTER 4,SECTION 4,
SUBSECTION GGG,"OIL AND GAS POST-EXTRACTION";CHAPTER
8, SECTION 7, SUBSECTION 1, "BOARD LEVEL DESIGN REVIEW
APPLICATION";CHAPTER 13C,SECTION 2,SUBSECTION 5,"PRI-
VATE STREETS AND PRIVATE ALLEYS";CHAPTER 13C,SECTION 8, /
"FENCES";PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING
AN EFFECTIVE DATE.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CnY COUNCIL OF
THE CITY OF EAGLE,Ada County,Idaho: Lega S er
A summary of the principal provisions of Ordinance No.889 of the City of Eagle,
Ada County Idaho adopted on January 10,2023,are as follows:
Section 1 through 18:Amends and enacts sections of City Code in Title 11A On this 23rd day of January in the year of 2023 before
"Planned Developments".More specifically,it amends:definitions,the sched-
ule of district use regulations,land use standards,specific land use standards, Notary personally appeared
trash enclosure design requirements,the general applicability of design review Bettina Jantzen known or identified to me to be the
requirements,metal siding specifications,fence requirements,tree removal,re-
tention, personwhosewithin
and replacement requirements,when applicants may submit financial p
sureties,urban streets and sidewalks,home occupation permits,oil and gas instrument,and being by first duly sworn,declared that
extraction and post-extraction definitions,design review approval process,and private alley standards. the statements therein are true,and acknowledged to
Section 19 through 20:Provides that this ordinance shall be in full force and me that she executed the same.
effect from and after its passage,approval,and publication,according to law;
provides for severability;repeals conflicting ordinances,resolutions,and orders.
The full text of Ordinance No.889 is available at City Hall,on the City website,
and will be provided to any citizen upon personal request during normal office
hours.
Jason Pierce,Mayor
Attest:Tracy E.Osbom,City Clerk
CERTIFICATION OF ATTORNEY I ,
I,the undersigned,an attorney at law duly licensed in the State of Idaho and 1.I
serving as counsel to the City of Eagle,Idaho,hereby certify that I have read the ' r
above Summary of Ordinance No.889 of the City of Eagle and that the same is
true and complete and provides adequate notice to the public of the contents Notary Public In an or the state 0 Texas,reSl In In
of said ordinance. y g
Dated this day of January 2023. Dallas County
Victor Villegas -
-
Borton-LakeyLawsPolicv '' STEPHAIJ€EHATGHER
City Attorney,City of Eagle =F: fi`
JanIPL 22202 tidy Notary IU 413353A06
Jan222023 'y-
.' Expires anuaN 14,2026
Extra charge for bst or duolcate affidavits
Legal document please do not destroy)