Ordinance - 2023 - 895 - Adding A New Title 11B "Avimor Zoning Ordinance", Chapters 1-11 - 04/25/2023 SUMMARY OF ORDINANCE NO. 895
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, ESTABLISHING
TITLE 11 "PLANNED DEVELOPMENTS", SECTION B"AVIMOR ZONING ORDINANCE",
CHAPTER 1 "ZONING INTERPRETATION AND DEFINITIONS",CHAPTER 2"LAND USE
DISTRICTS", CHAPTER 3 "DESIGN REVIEW", CHAPTER 4 "SPECIFIC USE
STANDARDS", CHAPTER 5 "OFF STREET PARKING AND LOADING", CHAPTER 6
"NON-CONFORMING USE", CHAPTER 7 "ZONING ADMINISTRATION AND
ENFORCEMENT", CHAPTER 8 "AREA OF CITY IMPACT", CHAPTER 9 "HISTORIC
PRESERVATION", CHAPTER 10 "MINIMAL PROPERTY MAINTENANCE", AND
CHAPTER 11 "LAND SUBDIVISIONS", AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 895 of the City of Eagle, Ada
County, Idaho, adopted on April 25, 2023 is as follows:
Section 1: Eagle City Code Title 11 "Planned Developments", Section B, "Avimor Zoning
Ordinance", is hereby established as follows:
Chapter 1:Zoning Interpretation&Definitions—short title;Avimor Planned Development
Zoning District Established, purposes; applicability; interpretation, scope of regulations; and
definitions.
Chapter 2: Land Use Districts—Zoning and maximum development intensity; Master land
use map and land use districts; permitted uses; setbacks and general lot development regulations.
Chapter 3: Design Review—general applicability; purpose and goals; effect of other
provisions; definitions; Avimor Design Guidelines; design requirements, objectives, and
considerations; landscape and buffer area requirements; signage; lighting; administrative and
board level applications; application and permit requirements; notification; design review
application process; appeals; terms of approval; modifications; restrictions on other required
documents; sureties; and inspection.
Chapter 3A: Village One District Design and Development Standards: Applicability and
Village One land use plan.
Chapter 3B: Boise County Phases 1 Subdivision Land Use Map: Applicability and Boise
County Phase 1 Subdivision Land Use Map.
Chapter 4: Specific Use Standards—purpose; supplemental general provisions;
commercial and industrial uses restricted, specific land use standards.
Chapter 5: Off Street Parking and Loading purpose and interpretation of provisions;
application or provisions; design and maintenance; additional parking regulations and
requirements; additional design and maintenance regulations and requirements;joint and off-site
parking; parking disabled vehicles; bicycle parking; and schedule of parking requirements.
Chapter 6: Non-Conforming Use—applies ECC 8-5.
Chapter 7: Zoning Administration and Enforcement—administrator; zoning permits and
certificates of occupancy; conditional uses; variances; design review, administrative; design
review, board level review; appeals, administrative decisions; title amendments, zoning, sub-area
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plan, and subdivision land use map; schedule of fees, charges and expenses; notice requirements;
and violations and penalties.
Chapter 8: Area of City Impact—applies ECC 8-8.
Chapter 9: Historic Preservation—applies ECC 8-9.
Chapter 10: Minimal Property Maintenance—applies ECC 8-11.
Chapter 11: Land Subdivisions
Subchapter IIA: General provisions — short title; authority; purpose; applicability;
interpretation; and rules and definitions.
Subchapter I IB: Subdivision plats and procedures —application for subdivision approval
generally; preapplication procedure; preliminary plat; final plat; fees; record of lot, plat approval;
sale of lot, and plat to be recorded.
Subchapter 11 C: Subdivision design standards: minimum standards required; streets and
alleys; pedestrian walkways; easements; planting strips and reserve strips; public sites and open
spaces; water system; and fences.
Subchapter 11 D: Required Subdivision Improvements — improvements required;
monuments; streets and alleys; curb and gutter; street signs; streetlights; pathways and trail
regulations; underground utilities; water supply and sewer system requirements; storm drainage,
flood controls; fire hydrants and water mains; landscape buffer areas; construction of
improvements; construction plans; guarantee of improvements; inspections; and failure to
complete public improvement construction.
Subchapter 11 E: Special Development Subdivisions—purpose and summary of provisions;
supplementary provisions; hillside subdivisions; subdivision within a floodplain; and
condominium subdivisions.
Subchapter 11 F: Subdivision administration and enforcement — administration; vacation
and dedications; variances; enforcement and penalties; and appeals.
Section 2: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
severable from the remaining provisions in this Ordinance and shall in no way affect the validity
of the other provisions of this Ordinance or Eagle City Code.
Section 3: All prior ordinances or parts thereof,to the extent inconsistent herewith,are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 4: This Ordinance, or a summary thereof in compliance with Section 50-901 A, Idaho
Code, shall be published once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication.
The full text of this Ordinance is available at the City Clerk's Office and will be provided
to any citizen upon personal request during normal office hours.
Page 2 of 3
CITY OF EAGLE, IDAHO
Ada County, Idaho
Jason Pierce
Mayor
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Tracy E. sborn �'••,'� STD' .•`��
City Clerk
CERTIFICATION OF CITY ATTORNEY
As city attorney for and legal advisor to the City of Eagle, Idaho, I hereby certify that I
have reviewed the foregoing Summary of Ordinance No. 895 the City of Eagle, adopted on,
9 2o73 and that the same is true and complete and provides adequate notice to the
public of the contents of the Ordinance.
DATED as of the day of L , 2023.
City Attorney
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ORDINANCE 895
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, ADDING A NEW TITLE 11B "AVIMOR
ZONING ORDINANCE", CHAPTER 1 "ZONING DISTRICT AND INTERPRETATION/DEFINITIONS",
CHAPTER 2 "LAND USE DISTRICTS", CHAPTER 3 "DESIGN REVIEW", CHAPTER 4 "SPECIFIC USE
STANDARDS", CHAPTER 5 "OFF STREET PARKING AND LOADING", CHAPTER 6 "NON-CONFORMING
USE", CHAPTER 7 "ZONING ADMINISTRATION AND ENFORCEMENT", CHAPTER 8 "AREA OF CITY
IMPACT", CHAPTER 9 "HISTORIC PRESERVATION", CHAPTER 10 "MINIMAL PROPERTY
MAINTENANCE", AND CHAPTER 11 "LAND SUBDIVISIONS", AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the
laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65,Title 67, Idaho Code,the City of Eagle has the authority to adopt,
establish and amend a Zoning Ordinance; and
WHEREAS, the proposed change to the City Code is in accordance with and provides for the better
implementation of the Comprehensive Plan; and
WHEREAS, following notice and a public hearing pursuant to I.C. 67-6511 and I.C. 67-6509, the
Planning and Zoning Commission recommended approval of the zoning amendment to the City
Council; and
WHEREAS, following notice and a public hearing pursuant to I.C. 67-6511 and I.C. 67-6509, the City
Council finds that the zoning amendment meets the requirements of Idaho Code and the
Comprehensive Plan and should be enacted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho;
Sectionl: Eagle City Code Title 11B, "Avimor Zoning Ordinance", shall be effective as of the date
of adoption and publication of this Ordinance, is hereby established to read as set forth below.
Section 2: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
severable from the remaining provisions in this Ordinance and shall in no way affect the validity of
the other provisions of this Ordinance or Eagle City Code.
Section 3: All prior Ordinances or parts thereof,to the extent inconsistent herewith, are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 4: This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho
Code, shall be published once in the official newspaper of the City and shall take effect immediately
upon its passage, approval, and publication.
Adopted by the City Council, Eagle, Idaho, on this 25th day of April 2023.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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Jas ;erce
Mayor
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AVIMOR ZONING ORDINANCE
1 | Page
11B-1-1: SHORT TITLE
This Title 11B shall be known, cited and referred to as the Avimor Zoning Ordinance (Ord. 895, 04-
25-2023).
11B-1-2: AVIMOR PLANNED DEVELOPMENT ZONING DISTRICT ESTABLISHED, PURPOSES
The Avimor Planned Development Zoning District (APD) is hereby established. The Avimor Planned
Development Zoning District is a separate and distinct zoning district and is in addition to the City’s
zoning districts set forth in Chapter 2, Title 8 of the City Code. The purpose of this Title is to establish
the Avimor Planned Development Zoning District and to set forth the specific development
standards and administrative procedures that apply within the Avimor Planned Development Zoning
District. Furthermore, it is the purpose of this Title and the Avimor Planned Development Zoning
District to:
A. Provide for a mix of land uses;
B. Encourage flexibility in design and development to respond to market demand and site-specific
conditions while enhancing the economic viability and quality;
C. Encourage creative and innovative land planning and design processes that are sensitive to
existing environmental conditions;
D. Provide for a phased and orderly development utilizing consistent criteria;
E. Establish the permitted uses and minimum standards for each category of residential and
nonresidential use;
F. Establish responsibility for the development of essential public services and the specific
mechanisms by which they will be provided, created and financed; and
G. Provide significant planning and economic benefits to the City including, without limitation, by: i)
creating quality housing, employment, recreation and other land uses; and ii) providing for the
CHAPTER 1
ZONING INTERPRETATION AND DEFINITIONS
TITLE 11B
AVIMOR ZONING ORDINANCE
AVIMOR ZONING ORDINANCE
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design, construction, acquisition, and/or installation of public infrastructure to support
anticipated development and benefitting surrounding areas.
11B-1-3: APPLICABILITY
A. Scope And Content: This Title governs the development and administration of the land within
the Avimor Planned Development Zoning District.
B. Flexibility: This Title is intended to depict the general nature and relative intensity of residential
and nonresidential development allowed in the Avimor Planned Development Zoning District,
while allowing flexibility at the time of detailed planning and platting so that the overall goals,
policies, purpose, and intent of the Eagle Comprehensive Plan can be achieved with this Title.
C. Conflict Of Laws: The provisions of City Code shall govern all standards or processes that are not
specifically addressed or modified by this Title. Any contradiction, inconsistency or ambiguity
between the requirements of this Title and any other provision of the City Code shall be
governed and controlled by this Title. The provisions of City Code Titles 8 and 9 do not apply to
land in the Avimor Planned Development Zoning District, as these standards and processes are
replaced and controlled by this Title. All references within any applicable City Code Sections to
City Code Titles 8 and 9 or generally to “this Title” shall be interpreted to mean the applicable
standards or regulations in this Title.
D. Applicable Highway Authority: All references in this Title or in other applicable City Code sections
to Ada County Highway District (ACHD) or Idaho Transportation Department (ITD) shall mean
the applicable transportation agency or Local Highway Department having jurisdiction over the
roadway at issue.
E. Development Plans: All development within the Avimor Planned Development Zoning District
shall be consistent with the Development Plans as defined in this Title.
11B-1-4: INTERPRETATION, SCOPE OF REGULATIONS
The regulations for the Avimor Planned Development Zoning District, as set forth by this Title, shall
be minimum regulations and shall apply uniformly to each class or kind of structure or land, except
as hereinafter provided.
A. No Building, structure or land shall be used or occupied and no Building or structure or part
thereof shall be erected, constructed, reconstructed, moved or structurally altered except in
conformity with all of the regulations herein specified for the Land Use District in which it is
located.
B. No Building or other structure shall be erected or altered:
1. To provide for greater height or bulk;
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2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of Lot Area; and
4. To have narrower or smaller rear yards, front yards, side yards or other Open Spaces than
herein required, or in any other manner be contrary to the provisions of this Title.
C. No yard or Lot existing at the effective date hereof shall be reduced in dimension or area below
the minimum requirements set forth herein. Yards or Lots created after the effective date hereof
shall meet at least the minimum requirements set forth herein.
D. No Building or structure, on a Lot under 2 acres in size, or part thereof shall be erected or
constructed except where the following conditions have been satisfied:
1. Applicable streets may be dedicated to the Local Highway Department as public streets and
constructed as required by the Local Highway Department.
2. Sanitary restrictions are removed pursuant to Idaho Code Section 50-1326.
3. Fire hydrants and water mains are provided, and operable, pursuant to Section 11B-11D-12
of this Title.
4. Required street Signs are installed that adequately identify the location of such Building for
Emergency purposes.
11B-1-5: DEFINITIONS
A. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows:
1. The word "person" includes a firm, association, organization, partnership, trust, company or
corporation, as well as an individual.
2. The present tense includes the future tense, the singular number includes the plural, and the
plural number includes the singular.
3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement,
and the word "should" is a preferred requirement.
4. The words "used" or "occupied" include the words "intended", "designed" or "arranged"
to be used or occupied.
5. The word “day” as it relates to the computation of time means calendar days and if time
in which an act is to be done shall be computed by excluding the first day and including the
last day. If a deadline or required date of action falls on a Saturday, Sunday, or Holiday
observed by the city, the deadline or required date of action shall be the next day that is not
AVIMOR ZONING ORDINANCE
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a Saturday, Sunday or Holiday observed by the City. References to days are calendar days
unless otherwise stated.
B. The following words and terms, when used in this Title, shall have the meanings ascribed to
them in this Section:
ACCESSORY DWELLING UNIT: A dwelling located on the same Lot as, and is subordinate to, the
principal residential dwelling, and which may be attached or detached from the principal dwelling,
and which provides Living Quarters with provisions for cooking (220v wiring), eating, sanitation, and
sleeping for occupants or guests of occupants of the principal dwelling, their tenants or caregivers.
An accessory dwelling may include a guesthouse, casita, or caretaker/domestic Unit and may be
located in the front, side or rear yard of the Lot or may be above a garage. Direct access from the
principal dwelling is not required. Accessory dwellings require a zoning permit and approval by the
Avimor Design Review Committee when modified or developed separately from the principal
dwelling. Accessory dwellings shall not count towards the maximum densities as specified in this
Title and the Avimor Development Agreement.
ACCESSORY USE OR STRUCTURE: A use or structure on the same Lot with, and of a nature
customarily incidental and subordinate to, the Principal Use or structure. Accessory Uses/structures
include, but are not limited to, detached carports and garages, covered parking structures, trash
enclosures, pool houses and cabanas, barns, corrals, stables, guard houses, storage sheds, Outdoor
Storage structures, workshops, greenhouses, microwave and satellite dish Antennas, and similar
uses and structures, but do not include Accessory Dwelling Units. Accessory Uses shall require a
zoning permit and approval by the Avimor Design Review Committee when modified or developed
separately from the Principal Use.
ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who is
appointed by the mayor, with the consent of the Council, to administer this Title. Duties and
obligations of the Administrator may be delegated by the Administrator to a qualified designee.
ADULT BUSINESS: Establishments based primarily on materials or performances that depict,
describe, or relate to specified sexual activities.
AGGREGATE PROCESSING, ASPHALT, AND CONCRETE BATCH PLANT: A temporary facility or area
for processing aggregate or batching concrete or asphalt.
AGRICULTURE: The use of land for crop production, pasturage, animal and poultry husbandry and
the necessary Accessory Uses for parking, treating or storing of produce. Agriculture does not
include dairying or the maintenance of a commercial feedlot or stockyard where large numbers of
livestock are fed concentrated feeds, particularly for the purpose of fattening for market, or uses
defined as feedlots, stockyards, dairy farms or CAFO’s as defined by City Code or Idaho State law.
ALLEY: A public right of way or private common Lot inclusive of an easement which provides
vehicular access to the rear or side of a property and is primarily intended to provide access for Alley
loaded garages.
AVIMOR ZONING ORDINANCE
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ALL-WEATHER MATERIAL: Hard Surface or Natural Surface as defined in this Chapter.
ANIMAL DAYCARE: A Lot or Building where five or more dogs, cats, and other household domestic
animals are maintained, harbored, or cared for on a daily basis, not to include overnight stays.
ANTENNA: Any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including, but not limited to, directional Antennas, such as panels,
microwave dishes, and satellite dishes, and omnidirectional Antennas, such as whip Antennas.
ART GALLERY: An establishment for the display and/or retail sale of artwork and may include studio
facilities for creation of artistic works.
AUTO BODY SHOP: A facility for automobile collision service, repair and painting.
AUTO GAS STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and motor
vehicle accessories may be supplied and dispensed at retail. Incidental minor automotive repair and
maintenance and an automatic Car Wash facility are also permitted.
AUTO AND RECREATIONAL VEHICLE SALES: The sale or rental of new and used motor vehicles,
motor homes, and travel trailers, but not including repair work, except incidental warranty repair of
same, to be displayed and sold on the premises.
AUTO REPAIR AND SERVICE SHOP (MAJOR): A facility for the repair, rebuilding or reconditioning
of motor vehicles or parts thereof, but excluding collision service, painting and steam cleaning of
vehicles. The term includes a facility which performs any repairs to vehicles of any size, include those
with a gross vehicle weight over 10,000 pounds.
AUTO REPAIR AND SERVICE SHOP (MINOR): A facility for the performance of minor repairs and
service on vehicles of 10,000 pounds gross vehicle weight or less; such repairs and service are limited
to electronic tune ups, brake repairs (including drum turning), air conditioning repairs, generator
and starter repairs, tire repairs, front end alignments, battery recharging, lubrication,
selling/installing minor parts and accessories, other similar activities and repairing and installing
other minor elements of an automobile such as windshield wipers, hoses, windows, etc., but
excluding engine, transmission and differential repair or installation.
AUTO RENTAL AGENCY: A facility for the rental of new or used automobiles and/or trucks. Vehicles
kept on the Lot for rental purposes are not considered to be outside storage.
AVIMOR: A planned development that will contain a mix of residential, commercial, employment,
institutional, civic, service, recreational, and Open Space uses within the Avimor Planned
Development Zoning District and subject to this Title.
AVIMOR CONSERVATION DIRECTOR: The individual responsible for the management of the Avimor
Habitat Management Plan.
AVIMOR ZONING ORDINANCE
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AVIMOR DESIGN REVIEW COMMITTEE: A committee established by the Master Developer to
review and approve all development, Building and site improvement proposals consistent with the
Avimor Design Guidelines incorporated in Chapter 3 of this Title.
AVIMOR DESIGN GUIDELINES: A document that shows, through the use of figures, photographs,
and text, specific period architectural styles, themes, and elements envisioned within Avimor and
as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR DEVELOPMENT AGREEMENT: That certain Development Agreement between the City and
Owner, as may be amended from time to time.
AVIMOR GRADING GUIDELINES AND HILLSIDE DEVELOPMENT STANDARDS: That certain Avimor
Grading Guidelines and Hillside Development Standards on file with the City, as approved by the
City and as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR HABITAT MANAGEMENT PLAN: That certain “Habitat Management Plan” on file with the
City, as approved by the City and as may be amended from time to time pursuant to the Avimor
Development Agreement.
AVIMOR MASTER DRAINAGE PLAN: That certain “Master Drainage Report” on file with the City, as
approved by the City and as may be amended from time to time pursuant to the Avimor
Development Agreement.
AVIMOR MASTER WASTEWATER PLAN: That certain “Master Wastewater Report” on file with the
City, as approved by the City and as may be amended from time to time pursuant to the Avimor
Development Agreement.
AVIMOR MASTER WATER AND PRESSURE IRRIGATION SYSTEM PLAN: That certain “Municipal
Water and Pressurized Irrigation System Master Plan- Avimor Development” on file with the City, as
approved by the City and as may be amended from time to time pursuant to the Avimor
Development Agreement.
AVIMOR WATER RECLAMATION COMPANY: The entity that owns and operates the sewer
treatment, irrigation and reuse water facilities that serve Avimor.
BANK / FINANCIAL INSTITUTION: An establishment that provides retail banking services to
individuals and businesses and may include Drive-Thru services. This classification does not include
businesses offering Check-Cashing facilities.
BAR / PUB / NIGHTCLUB: An establishment for which a license under Title 3, Chapter 2, Article A,
B, and/or C of City Code is required and the principal business of which is the sale and consumption
of alcoholic beverages to be consumed on the premises and where food may be available for
consumption.
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BED AND BREAKFAST FACILITY: An owner-occupied facility providing overnight accommodations
and breakfast food service to guests for compensation, with no more than twelve (12) guests at any
one time. No cooking shall be allowed in guestrooms and only breakfast food shall be provided to
guests. Bath facilities shall be shared by no more than two (2) guestrooms.
BREWERY: An establishment for the manufacture of lager and ale; the use includes microbreweries.
A brewery may include, but is not limited to, the following: tasting rooms, barrel rooms, bottling
rooms, tank rooms, laboratories, processing structures, and offices.
BOISE COUNTY PHASE 1 AREA: An area within the Master Land Use Map that is already approved
for subdivision platting by Boise County, Idaho, which area is depicted on the Boise County Phase 1
Subdivision Land Use Map in Chapter 3B of this Title.
BOISE COUNTY PHASE 1 SUBDIVISION LAND USE MAP: The Subdivision Land Use Map for the Boise
County Phase 1 Area in Chapter 3B of this Title, which designates the approved Sub-Use Districts
within the Boise County Phase 1 Area.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of
persons, animals, chattels or property of any kind.
BUILDING ENVELOPE: The portion of each property or Lot within which all improvements are built
including, but not limited to, structures, fences, flatwork, and swimming pools, but excluding
landscaping and driveways. On Lots over one (1) acre, fencing may be located outside of the Building
Envelope to contain animals, such as horses.
BUILDING MATERIALS / LUMBER YARD: A facility for the storage, distribution, and sale of home,
lawn and garden supplies and construction materials such as brick, block, masonry, lumber and
other similar materials.
CAR WASH: An establishment that provides washing and cleaning of passenger or recreational
vehicles by hand, by use of automated equipment operated by one or more attendants, or by self-
service facilities.
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.
CHECK-CASHING: Cashing a check for consideration or extending a deferred deposit loan but does
not restrict the activities of depository institutions or persons who cash a check in a transaction
that is incidental to the retail sale of goods or services for consideration that does not exceed the
greater of one percent of the amount of the check or one dollar.
CHILDCARE FACILITY: Any facility where children regularly receive care and supervision, usually
unaccompanied by the children's parents, guardians or custodians, and regardless of whether the
facility does or does not provide any instruction. This use excludes the case of: a) the operator's
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children or legal wards or children related by blood or marriage, b) occasional personal guests, and
c) children aged twelve (12) years and over. Any home, place, or facility providing overnight custodial
services for lodging or boarding for the occupants therein shall not be considered a Childcare
Facility.
There are three (3) types of childcare facilities:
1. Family daycare home: A Childcare Facility for six (6) or fewer children. Babysitting services
are an Accessory Use to residential uses;
2. Group daycare facility: A Childcare Facility for seven (7) to twelve (12) children; and
3. Daycare center: A Childcare Facility for thirteen (13) or more children.
CHURCH / PLACE OF RELIGIOUS ASSEMBLY: An establishment that by design and construction is
primarily intended for conducting organized religious services, meetings, and associated activities
and that is recognized as a religious corporation or society of the state of Idaho with a state tax
exempt status in accord with Idaho Code Section 63-602B.
CIRCUS AND CARNIVAL: Provision of games, eating and drinking facilities, live entertainment,
animal exhibitions, or similar activities, which may be conducted outdoors, or in a tent or other
temporary structure for a maximum of seven (7) days. This classification excludes events conducted
in a permanent Entertainment Facility.
CITY: The City of Eagle, Idaho.
CITY CODE: The municipal code of the City of Eagle.
CLINIC: A Building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons
or those who are in need of medical and surgical attention, but which Building does not provide
board, room or regular Hospital care. A Clinic includes urgent care facilities.
CIVIC USES: Publicly or privately owned and managed facilities for meetings, conventions and other
community, public safety, and multi-purpose uses. Typical uses include Community Centers,
governmental offices and public safety facilities.
CLUB OR LODGE: A Building or portion thereof or premises owned or operated by an organized
association of persons for a social, literary, political, educational or recreational purpose primarily
for the exclusive use of members and their guests, but not including any organization, group or
association the principal activity of which is to render a service usually and ordinarily carried on as
a business.
COLLOCATION: The use of a single Tower to support more than one wireless telecommunication
service provider's equipment, or the mounting of an Antenna to a preexisting structure.
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COMMISSION: The zoning, planning and zoning, joint zoning or joint planning and zoning
commission with individuals appointed by the mayor and confirmed by the Council.
COMMON AREA: Land within a development that is not individually owned or dedicated for public
use but which is designed and intended for the common use or enjoyment of the residents of the
development. The Common Area may include complementary structures and improvements such
as a Community Center, play ground area, community mail boxes, and tennis courts.
COMMUNITY ASSOCIATION BUILDING/FACILITY: A community room, clubhouse, recreation center
or similar area for use by residents or a residential development.
COMMUNITY GARDEN: A piece of land gardened or cultivated by a group of people individually or
collectively.
COMMUNITY INFORMATION CENTER: A facility that provides information about Avimor to the
public and prospective residents or buyers and may include a Sales Office.
COMPREHENSIVE PLAN: The City of Eagle 2017 Comprehensive Plan adopted pursuant to
Resolution No. 17-24 in accordance with Idaho Code Section 67-6508.
CONSTRUCTION OFFICE, TEMPORARY: A mobile home, travel trailer, truck trailer, and/or other
structure used as a temporary office in conjunction with a construction project.
CONSTRUCTION YARD, TEMPORARY: Any area used on a temporary basis for the storage or
processing of materials and supplies used in the actual construction of a project.
CONVENIENCE STORE: An establishment providing Retail Sales of food, beverages and small
convenience items typically found in a store with long or late hours of operation and may include
twenty-four (24) hour facilities. A Convenience Store operation may also include fuel sales, but shall
then be regulated as an auto gas station. Such establishment is typically open between six (6) a.m.
and eleven (11) p.m. An establishment that is open before six (6) a.m. or after eleven (11) p.m. is
subject to a conditional use permit. If the establishment is located in a Highway Mixed Use Zone,
then no permits are required to operate outside of the before-mentioned times.
COUNCIL: The City Council of the City of Eagle.
DARK SKY: Denoting or located in a place where the darkness of the night sky is relatively free of
interference from artificial light.
DENSITY, GROSS: The number of Dwelling Units per acre of total land to be developed including
public right of way, private streets, and Common Area Open Space; excluding Floodway.
DENSITY, NET: The number of Dwelling Units per acre of land to be developed including only the
land devoted to residential uses, excluding public right of way, private streets, Common Area Open
Space, and Floodway.
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DENSITY, PROJECT: The total maximum gross residential density for Avimor (residential Units per
gross acre) is 0.5 Dwelling Units per gross acre.
DEVELOPMENT PLANS: Collectively, the Avimor Grading Guidelines and Hillside Development
Standards, the Avimor Habitat Management Plan, the Avimor Master Wastewater Plan, the Avimor
Master Drainage Report, the Avimor Master Water and Pressurized Irrigation System Plan, the
Avimor Design Guidelines, the Master Land Use Map, and the Open Space Plan.
DRIVE-THRU: An establishment that by design, physical facilities, service, or method of sale
encourages or permits customers to receive services or obtain goods while remaining in their
vehicles. The term “Drive-Thru” also includes automated tellers, banks, cleaners, pharmacies,
Restaurants and other establishments providing food or beverages, Car Washes, gasoline service
stations, and quick lubrication.
DRY CLEANER / LAUNDROMAT: A business that provides laundry or dry-cleaning services or
facilities for clothing and other fabric articles and may include Drive-Thru service. Dry cleaning and
Laundromat plant operations shall be located off-site.
DWELLING, MULTI-FAMILY: A Building consisting of two (2) or more attached Dwelling Units where
all such Units are located on the same Lot with varying arrangements of entrances and party walls,
including Units that are located one over the other.
DWELLING, SINGLE-FAMILY ATTACHED: A Building consisting of two (2) or more Dwelling Units
attached to one another by a party wall, with each dwelling located on a separate Lot and having its
own address and water meter. An Accessory Dwelling Unit attached to a single-family detached
dwelling does not create a single-family attached dwelling.
DWELLING, SINGLE-FAMILY DETACHED: A Building on a single Lot consisting of one Dwelling Unit,
which is not attached to any other Dwelling Unit, other than an Accessory Dwelling Unit.
DWELLING UNIT: A principal (not accessory) structure, Building or portion thereof that is used
exclusively for human habitation including living, sleeping, eating, cooking, and sanitation.
EMERGENCY: Occurrence or imminent threat of a disaster or condition threatening life of property
that requires immediate action to save lives and protect property or to avert or lessen the threat
of a disaster.
EMERGENCY SERVICES: Provisions of Emergency medical care transportation, fire protection and
police protection, including incidental storage and maintenance and parking of Emergency and
Emergency related vehicles.
ENTERTAINMENT FACILITY: An indoor or outdoor commercial facility or area for sport,
entertainment, games of skill, or recreation to the general public for a fee. Examples include, but
are not limited to, bowling alleys, roller- and ice-skating rinks, miniature Golf Courses, golf driving
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ranges (not associated with a Golf Course), game courts, movie theaters, concert halls,
amphitheaters, video game arcades.
EQUESTRIAN CENTER: A facility for the care, training, riding or boarding of horses and may include
one or more barns, riding arenas, corrals, show rings, exercise areas, tack rooms, pastures, meeting
rooms, staff lodging and other accessory structures or facilities associated with such use. Such
facility may be public or private and may provide for resident or private boarding for a fee.
EQUESTRIAN LOT: A residential Lot designated with the preliminary plat upon which horses may be
kept and may contain a barn, riding area, pasture, and other ancillary facilities for the sole use of
the Lot owner.
EVENT CENTER: An exhibition hall, conference center, convention center, civic center, performing
arts center, or other large public Building, typically offering enough Floor Area to accommodate
hundreds to thousands of attendees. Can also include outdoor Open Space to host public social
events, corporate conferences, industry trade shows, entertainment spectacles, conventions, and
concerts for the surrounding municipal and/or metropolitan areas.
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.
FARMERS’ MARKET: A commercial event, typically outdoors, held periodically or on a recurring
basis, where farmers and other vendors sell fresh agricultural products and similar merchandise
directly to the public. It may provide arts and crafts booths accessory to the produce and plant life
booths. Food and beverages may also be sold. Such use shall require a City vendor’s permit. This use
does not include a flea market or swap meet.
FIRE ESCAPE: A kind of Emergency exit to provide escape in the event of a fire. These are usually
mounted to the exterior of a building. However, occasionally may be located in the interior of the
Building.
FIVE-YEAR PLAN: A conceptual plan prepared by the Master Developer pursuant to the Avimor
Development Agreement depicting and summarizing Master Developer’s anticipated development
plans for the ensuing five year period that includes: (i) areas to be graded, (ii) major utility and
roadway improvements, (iii) areas to be platted; (iv) anticipated Land Use District and Land Use Sub-
District designations for areas to be platted; (v) approximate number of residential units to be
constructed; and (vi) anticipated commercial development.
FLEX SPACE: A space within a Building for uses that generally require substantial amounts of storage
and working area as well as office and/or showroom space. Loading docks shall be at the rear of the
structure, and loading ramps shall be a maximum of two feet (2') high to discourage tractor trailer
use. Examples include, but are not limited to, supply storage, computer server area, laboratories,
lighting/plumbing fixture showrooms, Research and Development, small merchandise assembly,
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and low intensity sales and distribution facilities. Buildings may be comprised of several Flex Spaces.
The Gross Floor Area ratio of each Building used as "Flex Space" shall be a maximum of thirty
thousand (30,000) s.f. Hours of operation shall be limited to between six o'clock (6:00) A.M. to ten
o'clock (10:00) P.M. This use is not intended to permit Warehousing or Manufacturing that has high
levels of truck activity.
FLOOR AREA: The ratio of the total Floor Area of a Building (or Buildings) to the area of the Lot or
Parcel on which the building stands. The total square footage on all floors of all Buildings on a certain
Lot or Parcel (building area) is divided by Lot or Parcel gross square footage (site area). As a formula,
FAR = (building area)/ (gross site area). For purposes of this definition, the total Floor Area (square
footage) is measured from outside wall to outside wall and includes the area of all floors of the main
structure and accessory structures, but excludes underground garages, uncovered terraces, patios,
atriums Porches or balconies, covered Porches, patios and balconies enclosed on not more than two
sides, and chimneys.
FOOD AND BEVERAGE SALES: Retail Sales of food and beverages for off site preparation and
consumption. Typical uses include grocery stores, delicatessens, and bakeries, and exclude
Convenience Stores and catering services. Such uses may also include Liquor Stores.
GOLF COURSE AND RELATED SERVICES: A tract of land laid out for playing the game of golf that may
include a clubhouse, dining and snack bars, pro shop, and practice facilities.
GROSS ACRES: The total acres that are included in a preliminary plat.
GROSS FLOOR AREA (GFA): The total amount of Floor Area within a Building, as measured from the
inside surface of the exterior walls, but excluding any Floor Area devoted to the following:
1. Mechanical, electrical, or communication equipment or uses as may be required for the
operation of the Building, including elevators and stairwells;
2. Parking and circulation space for motor vehicles; and
3. Exterior balconies.
HARDSCAPE: Hard surfaces such as sidewalks, pavers, patios, courtyards, and planters consisting of
concrete, tile, stone, brick and other similar man-made materials used in lieu of, or in conjunction
with, landscape.
HARD SURFACE: Refers to Tread materials such as concrete, asphalt, pavers, and rigid permeable
composites.
HEALTH CLUB: An establishment offering services including, but not limited to, exercise and physical
conditioning, spa related services, and weight counseling.
HEIGHT, BUILDING: The height of a Building as measured from the finished floor elevation closest
to the corresponding finished grade to the top of the roof. The height of the Building may follow the
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same slope as the contour of the Lot (grade adaptive architecture). Top of roof means ridgeline or
the highest point of any architectural element concealing roof top equipment.
HEIGHT, PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES, TOWERS, AND
SIMILAR STRUCTURES: The height of personal wireless facilities, spires, poles, Antennas, steeples,
Towers, and similar structures shall be determined by measuring the vertical distance from the point
of contact with the ground to the highest point of the structure, including any vertical projection
thereof. When mounted upon other structures, the combined height of the personal wireless
facility, spire, pole, Antenna, steeple, Tower, and/or similar structure, including the height of the
structure mounted upon, shall be used to determine height.
HELIPORTS: Pads and facilities enabling takeoffs and landings by helicopters.
HOME OCCUPATION: An Accessory Use of a Dwelling Unit and property that is:
1. Used for gainful employment or commercial purposes that involves the provision, assembly,
processing or sale of goods and/or services; and is
2. Incidental and secondary to the residential use of the structure and land and does not change
the essential residential character of the Dwelling Unit/property; but
3. Excludes uses that provide shelter or lodging to persons who are not members of the
family residing in the dwelling Unit.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the
medical or surgical care of patients for twenty-four (24) hours or more. This classification includes
incidental facilities for outpatient treatment, as well as training, research, emergency care and
administrative services for patients and employees. The term Hospital does not include
Convalescent, Nursing or boarding homes and does not include institutions devoted to the care of
the mentally ill or drug or alcohol addicted.
HOTEL AND MOTEL: Establishments offering rooms as temporary lodging to guests. Hotels typically
have eating and drinking service and a dining room where meals are served and may contain
meeting/conference facilities. Hotels and Motels are considered a non-residential use and are thus
not considered residential Dwelling Units within the context of any Density calculations or allowable
densities set forth in this Title and the Avimor Development Agreement.
JUNKYARD: An outdoor space where waste and discarded or salvaged materials are bought, sold,
exchanged, baled, packed, disassembled, stored or handled, including auto salvage yards, house
wrecking yards, used lumberyards and places where such uses are conducted entirely within a
completely enclosed Building, or salvaged materials incidental to Manufacturing operations.
KENNEL AND PET SHOP: (For hobby, commercial or boarding purposes): Any Lot or premises or
portion on which five (5) or more dogs, cats and other household domestic animals are maintained,
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harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale
including privately or publicly owned, operated or managed dog pounds.
LABORATORY: An establishment providing medical or dental laboratory services, or establishments
with less than two thousand (2,000) s.f providing photographic, analytical, or testing services.
LAND USE DISTRICT: Areas within the Avimor Planned Development Zoning District, designated with
each preliminary plat, including: (1) Village Center; (2) Mixed Use/Commercial; (3) Village
Residential; (4) Foothills Residential; (5) Village One and (6) Open Space. See also, Sub-Use District
definition.
LIBRARY: Any establishment or Building set aside for the repository or retrieval of information
available for the public or patrons to make use of for all kinds of research and reading, including
rooms for meetings.
LIQUOR STORE: An establishment for the retail or wholesale sales of packaged liquor and alcohol
and where no consumption takes place on the premises. Such use shall be regulated by City Code
and Idaho Code.
LIVE/WORK: A Dwelling Unit that contains a commercial component anywhere in the Unit that may
accommodate employees and walk-in-trade.
LIVING QUARTERS, ACCESSORY: A structure located on the same Lot as, and is subordinate to, the
principal residential dwelling, and which may be attached or detached from the principal dwelling,
and which may provide living accommodations with provisions for eating, sanitation, and sleeping
for occupants, or guests of occupants of the principal dwelling, their domestic employees, tenants
or caregivers, but does not include cooking facilities (220v wiring). Accessory Living Quarters may
include a guesthouse, casita, or caretaker/domestic Unit and may be located in the front, side or
rear yard of the Lot or may be above a garage. Direct access from the principal dwelling is not
required. Accessory Living Quarters are not considered Dwelling Units and do not count toward
maximum Density calculations.
LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and
deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when
required Off Street Parking Spaces are filled.
LOCAL HIGHWAY DEPARTMENT: The applicable highway authority.
LOT: A Parcel, plot, Unit, tract, or other land area of sufficient size to meet minimum zoning
requirements for use, coverage and area, and created by subdivision for sale, transfer, or lease.
LOT COVERAGE: The size of the footprint(s) of a Building(s) and/or structure(s) on a Lot divided by
the size of the Parcel, expressed as a decimal number. The Lot Coverage is used in calculating the
intensity of use of a Parcel for a development project.
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LOT FRONTAGE: The front of a Lot shall be construed to be the portion adjacent to the street, except
for Alley load homes designed to face each other with Common Area pedestrian access between
fronts. In that case the front of the Lot shall be the property line opposite of the Alley and adjacent
to the Common Area pedestrian access.
LOT, MINIMUM AREA OF: The area of a Lot is computed exclusive of any portion of the right of way
of any public or private street.
LOT WIDTH: Lot Width shall be determined as follows: The distance between side Lot lines
measured at a point midway between the front and rear Lot lines.
MANUFACTURING, LIGHT: Industrial uses that are usually controlled operations; relatively clean,
quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating
and storing within enclosed structures and generating little industrial traffic and no nuisances.
MASTER DEVELOPER: Avimor Development, LLC, an Idaho limited liability company, and all its
successors in title and interest.
MASTER LAND USE MAP: That certain land use map for Avimor on file with the City, as approved
by the City and as may be amended from time to time pursuant to this Title.
MORTUARY / FUNERAL HOME: A facility where services and/or ceremonies are held in conjunction
with human burial or cremation. Crematories may be an Accessory Use.
MOTION PICTURE / RADIO / TELEVISION PRODUCTION FACILITY: A facility for the making,
broadcasting, and/or recording of movie, radio, or television productions.
NATIVE SURFACE: Refers to Tread materials made from soil, aggregate, and rock found within close
proximity of the finished path.
NATURAL SURFACE: Refers to Tread materials made of stone and other natural materials that have
been engineered for specific applications such as gravel, road mix, decomposed granite and a
crusher fines.
NON-DWELLING UNIT: A structure, Building or portion thereof that is not intended for human
habitation.
NURSERY / SOD FARM, RETAIL: Land, Building or combination thereof for the storage, cultivation,
and transplanting of live trees, shrubs, plants or sod offered for retail sale to the general public on
the premises including products used for gardening or landscaping.
NURSERY / SOD FARM, WHOLESALE: Land, Building or a combination thereof for the storage,
cultivation, transplanting of live trees, shrubs, plants or sod offered for commercial sale to
professional landscape businesses and members of such businesses and not for retail sale to the
general public.
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NURSING / CONVALESCENT HOME / TRANSITIONAL HOUSING: An establishment providing care
on a twenty-four (24) hour basis for persons requiring regular medical attention, but excluding
facilities providing surgical or emergency medical services. This classification also includes senior
assisted living facilities with provisions for shared kitchen facilities and rooms with private
bathrooms.
OFFICE, BUSINESS AND PROFESSIONAL: An Office of a firm or organization providing professional,
executive, management, or administrative services. This classification includes medical/dental
laboratories incidental to an Office use but excludes bank/financial institution.
OIL AND GAS: Means Oil and 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, 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.
OPEN SPACE: Land within the development that is designated and intended for active and passive
recreation, for residents and/or public enjoyment.
DEVELOPED OPEN SPACE: Open Space that consists of irrigated open space. These areas
mostly consist of lawns, shrubs, and planted vegetation.
NATURAL OPEN SPACE: Open Space that is undeveloped land, preserved in its natural state.
REGIONAL OPEN SPACE: Open Space that consists of parks and green spaces for use by the
public.
COMMUNITY OPEN SPACE: Open Space, including developed and Natural Open Space, for
the use of Avimor residents only.
OPEN SPACE PLAN: That certain open space map for Avimor on file with the City, as approved by
the City and as may be amended from time to time pursuant to this Title.
OPEN VIEW FENCE: A fence constructed of metal pickets or other approved material that allows
full or partial viewing through the fence.
OUTDOOR STORAGE: The storage of goods, wares, merchandise, equipment, vehicles, materials or
supplies in the same place for more than twenty-four (24) hours in an open area. The term Outdoor
Storage shall include material that is kept under a pole barn structure or any structure that is less
than fully enclosed.
OWNERS’ ASSOCIATION: A legal entity created by the Master Developer for the purpose of
managing and operating common areas and facilities within Avimor for the use of its members
through assessments of its members, which may include the Avimor Residential Community
Association and the Avimor Commercial Properties Association.
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PARCEL: A designated tract or area of land which is unplatted or as otherwise permitted by law, to
be used, developed or built upon as a Unit.
PARKING LOT / PARKING GARAGE: A Parking Lot or Garage offering short-term or long-term
parking to the public and which may also include a fee.
PARKING SPACE: An area adequate for parking an automobile with room for opening doors on both
sides, together with properly related access to a public street or Alley and maneuvering room.
PARKING SPACE, OFF STREET: A Parking Space that is located outside of any street or Alley right of
way. Off Street Parking Spaces are allowed to count towards the parking requirements of a specific
use.
PARKING SPACE, ON STREET: A Parking Space that is located along or within a street or Alley right
of way. On Street Parking Spaces are allowed to count towards the parking requirements of multi-
family dwellings and commercial uses.
PATHWAYS AND TRAILS: Are areas improved to create non-motorized routes, loops and courses.
For the purpose of this Title these terms are, in most cases, interchangeable.
PAWN SHOP: An establishment engaged in the buying or selling of merchandise, including minimal
numbers of used autos, and offering loans secured by personal property. This definition does not
include the sale of new autos unless the business is in conjunction with and on the premises of a
new auto dealership.
PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a subdivider or developer with
the City in the amount of the estimated construction cost guaranteeing the completion of physical
improvements, according to plans and specifications within the time prescribed by the agreement.
PERSONAL SERVICE: Any enterprise conducted for gain which primarily offers services to the
general public such as shoe repair, watch repair, electronics and appliance repair (no Outdoor
Storage), barbershops, beauty parlors, day spa, massage therapy, dog groomers without a Kennel,
and similar activities.
PORCH: A covered outdoor space defined by Building walls and guardrails at the front, side or rear
of a residence with one or more access points into the residence.
PUMP STATION: Portable, non-potable, domestic water system, non-potable irrigation system,
wastewater pumps, and sewer reuse and collection systems that are used to serve the project.
RADIO AND TELEVISION BROADCAST STATION: A facility used to transmit television and radio
signals and shows/programs.
RECREATION / COMMUNITY CENTER: A facility that provides a variety of recreational facilities and
programs for community residents or the general public. Such facilities may include swimming
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pools, indoor and outdoor sports courts, exercise facilities and classes, spa facilities, locker rooms,
meeting rooms, dance studios, game rooms, arts and crafts rooms, a Restaurant and snack bar, bar,
banquet facilities, lounge area and other similar uses. Recreation Centers include YMCA’s, teen
centers, and similar facilities and may also include Entertainment Facilities or Health Clubs.
RECYCLING / SOLID WASTE TRANSFER CENTER: A facility that is not a Junkyard and in which
recoverable resource materials, such as paper products, glassware, and metal cans are collected,
sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to
others who use such resource materials to manufacture new products.
RESEARCH AND DEVELOPMENT: An establishment primarily engaged in the research, development,
testing, and production of high technology electronic, industrial or scientific products or
commodities for sale, but prohibits uses that may be objectionable by reason of production of
offensive odor, dust, noise, vibration, or storage of hazardous materials. Examples of Research and
Development establishments include biotechnology, chemical, pharmaceutical, medical, electrical,
transportation, and engineering firms and computer component manufacturers.
RESORT: A destination point for visitors that generally provides overnight accommodations and
recreation, fitness and spa facilities for persons on vacation including timeshare and vacation clubs.
A Resort is self-contained and provides Personal Services customarily furnished at Hotels, including
the serving of meals and meeting/conference facilities. Buildings and structures in a Resort
complement the scenic qualities of the location in which the Resort is situated. Resorts are
considered non-residential uses and are thus not considered residential Dwelling Units within the
context of any Density calculations or allowable densities set forth in this Title and the Avimor
Development Agreement.
RESTAURANT: Any land, building or part thereof, other than a Bed And Breakfast Facility, where
meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee
shop, lunchroom, tearoom and dining room. Breweries 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. .
RETAIL SALES: The retail sale of merchandise not specifically listed under another use classification.
This classification includes department stores, clothing stores, drugstores, video stores, furniture
stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,
jewelry, cameras, photographic supplies, printing and copy supplies and service, electronic
equipment, music, pets and pet supplies, sporting goods, bicycles, kitchen utensils, hardware,
appliances, artwork, art supplies and services, antiques, collectibles, paint and wallpaper, carpeting
and floor coverings, Office supplies, and new automotive parts and accessories (excluding services
and installation) , and other similar items, but excluding Building Material/Lumber Yards. This
definition also includes stores and establishments for the rental of small tools and equipment.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural
and related products, the majority of which have been grown on adjacent land.
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RODEO: A public performance featuring bronco riding, calf roping, steer wrestling, bull riding or
similar activities.
SALES OFFICE/TRAILER, TEMPORARY: The Temporary Use of a mobile home, travel trailer, truck
trailer, and/or Dwelling Unit within a development project as a sales or rental Office for the project.
SEASONAL SALE: A one-time, temporary sale that is conducted for less than thirty (30) days
customarily prior to or in conjunction with a specific holiday and or seasonal event.
SCHOOL, BUSINESS: A commercial or public-school providing instruction solely in professional skills
including, but not limited to, business management, accounting, secretarial skills, sales, marketing
and merchandising.
SCHOOL, COLLEGE AND UNIVERSITY: An educational institution authorized by the State of Idaho to
award associate, baccalaureate or higher degrees or post high school certifications or licenses.
SCHOOL, ELEMENTARY/MIDDLE/HIGH: A public or private educational institution having a
curriculum comparable to that required in the public schools of the State of Idaho.
SCHOOL, VOCATIONAL/TECHNICAL: A commercial or public establishment offering training in a skill
or trade to be pursued as a career.
SETBACK: The required distance from a Building on a Lot or parcel to a property line required to be
left open and unoccupied by Buildings. Improvements such as sidewalks, driveways, Parking Lots,
walkways, Access Roads, Hardscape and walls are allowed to be located within Setbacks.
SHOPPING CENTER, COMMUNITY: A group of commercial establishments, planned, developed,
owned and/or managed as a unit and typically containing one hundred thousand (100,000) to three
hundred thousand (300,000) s.f of gross leasable space designed to serve the needs of the
community. A Community Shopping Center is typically anchored by supermarkets, super
drugstores, and discount department stores and sometimes contains big box retailers selling such
items as apparel, home improvement/furnishings, toys, electronics or sporting goods.
SHOPPING CENTER, NEIGHBORHOOD: A group of commercial establishments planned, developed,
owned and/or managed as a unit and typically containing thirty thousand (30,000) to one hundred
and fifty (150,000) s.f of gross leasable space and designed to provide convenience shopping for the
day-to-day needs of consumers in the neighborhood. A Neighborhood Shopping Center is typically
anchored by a supermarket or drugstore.
SHOOTING RANGE/GUN CLUB (INDOOR): A fully enclosed and secure facility designed and
operated for the use of pistols, rifles, shotguns and any other similar firearm. May include ancillary
retail use for sale of merchandise, guns, ammunition, etc. This facility shall be designed to contain
all projectiles fired within a portion of the structure and meet all applicable state and federal laws.
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SHOOTING RANGE/GUN CLUB (OUTDOOR): An area designed and operated for the use of rifles,
shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport
shooting. In the case of shotgun sports utilizing portable target throwers and shooting positions,
the range area shall be deemed to encompass the entire parcel of real property whereupon
shooting activities may be safely conducted, provided that shortfall occurs entirely upon the
property of the person owning or controlling the range.
SIGN: Any display or device consisting of attached or painted letters, symbols or designs, and is
intended to communicate business identification, advertisement, announcement, direction or other
message or attract, distract, hold, direct or focus attention.
SITE DRIVEWAY AND ACCESS ROAD: Facilities that are typically privately owned and maintained,
do not conform with public street design standards and are located on-site, serve an individual
development (occasionally with separately owned Lots) and do not serve as public streets either by
function or appearance.
SITE FURNISHINGS: Utilitarian outdoor elements intended for pedestrian use such as benches,
trash receptacles, public telephones, newspaper racks, bollards, drinking fountains, bike racks,
parcel delivery service and postal boxes, lighting standards, and other such furnishings.
SPECIAL CARE FACILITY: A facility used exclusively for one or more of the following: (a) the
treatment of alcohol or drug dependency; (b) the housing and care of persons with physical or
mental illness that requires them to be confined in an institutional facility as allowed by Idaho Code.
SPECIAL EVENT: An event or happening organized by any person which will generate or invite over
fifty (50) participants and/or spectators, for a particular and limited purpose and time, including,
but not limited to, musical and dance performances, arts and craft shows, artifact displays, holiday
events, fun runs, roadway foot races, fundraising/charitable events, bikeathons, parades, and fairs.
Special Events may occur on public or private property.
SPECIAL EVENT (AVIMOR): An event or happening organized by the Master Developer or the
Owner’s Association that will generate or invite participants and/or spectators from Avimor or
spectators from the general public, for a particular and limited purpose and time, including, but not
limited to, musical and dance performances, arts and craft shows, artifact displays, holiday events,
fun runs, roadway foot races, fundraising/charitable events, bikeathons, parades, and fairs. Special
Events may occur on public or private property.
SPORTING EVENT: An event often held over multiple days, featuring competition in many
different sports among organized teams of athletes or professionals.
STREETSCAPE: All of the plant material, walkways, walls, community monumentation and street
furnishing adjacent to a roadway that establish the visual character of the street.
SUB-AREA PLAN (SAP): A conceptual land use plan for a sub-area of the Master Land Use Map to
provide development guidance by identifying: (i) the anticipated location and size of Sub-Use
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Districts for future development; (ii) general development sequencing; (iii) significant natural
features and slopes greater than twenty-five percent; (iv) anticipated locations for regional or
community facilities; and (v) the anticipated location of regional pathways and arterial street and
collector streets for regional planning, design, and infrastructure continuity.
SUBDIVISION LAND USE MAP: A map submitted by a subdivider in connection with a preliminary
plat application finally designating the specific Sub-Use Districts within the area being platted.
SUBSTANTIAL CONFORMANCE: A proposed Final Plat shall be deemed to be in Substantial
Conformance with an approved Preliminary Plat if the number of buildable Lots proposed in the
Final Plat is within twenty percent (20%), plus or minus, of the approved Preliminary Plat and there
is a twenty-five percent (25%) or less deviation in dimensional standards as shown on the approved
Preliminary Plat. This definition of Substantial Conformance should be interpreted to provide
flexibility in Final Plat design standards.
SUPER PAD: One (1) or more Lots identified as “Super Pad(s)” on a plat for grading and/or further
development. Such Super Pad(s) will be graded and will have adequate roads and utilities stubbed
to such Lots in preparation for replatting. Such Super Pad(s) are not considered buildable Lots until
replatted as provided in this Title.
SUB-USE DISTRICT: A specific use district designated within each Land Use District where certain
land uses are allowed, conditionally allowed, or prohibited and specific development standards are
provided. The Sub-Use Districts are: (1) Rural Residential; (2) Estate Residential; (3) Single-Family
Detached 1 (SF1); (4) Single-Family Detached 2 (SF2); (5) Single-Family Detached 3 (SF3); (6) Single-
Family Zero Lot Line (SFZL); (7) Single-Family Special Lot (SFSL); (8) Single-Family Attached (SFA); (9)
Low Density Multi-Family (MF1); (10) Medium Density Multi-Family (MF2); (11) High Density Multi-
Family (MF3) (12) Village Commercial (VCOM); (13) Mixed Use (MU); (14) Highway Mixed Use
(HMU); (15) Neighborhood Commercial (NC); (16) Community Commercial (CC); (17) Reserve (RE);
(18) Cottage (CO); (19) Phase 1 Mixed Use (P1MU); (20) Community Services (CS); (21) Community
Open Space (COS); and Regional Open Space (ROS). Table 2.2 of this Title identifies which Sub-Use
Districts are allowed in each Land Use District.
TITLE: Title 11B of the City Code.
TOWER: Any ground or roof mounted pole, spire, similar structure, or combination thereof, with a
"height", as defined in this Title, in excess of fifteen feet (15'), including supporting lines, cables,
wires, braces, and masts, intended primarily for the purpose of mounting an Antenna,
meteorological device, or similar apparatus above grade.
TREAD: The finished usable surface of a pathway or trail.
UNIT: A residence that provides a space for occupants making up a household to live and eat. Each
Unit shall count towards the maximum Density as specified in this Title and the Avimor Development
Agreement.
AVIMOR ZONING ORDINANCE
22 | Page
USE, ACCESSORY: A use or structure that is incidental and subordinate to an established Principal
Use of a property and is located on the same Lot as the Principal Use. Accessory Uses/structures
include, but are not limited to, detached carports and garages, covered parking structures, trash
enclosures, pool houses and cabanas, barns, corrals, stables, caretaker's quarters, guard houses,
storage sheds, Outdoor Storage structures, microwave and satellite dish Antennas, and similar uses
and structures. Accessory Uses shall require a zoning permit when modified or developed
separately from the Principal Use, and shall not count towards the overall Project Density.
USE, PRINCIPAL: The primary or main use of the land, Building or structure, as distinguished from
an accessory or Temporary Use.
USE, TEMPORARY: Any activity on a site approved by the Administrator for a limited time of
operation, as set forth in Chapter 3 of this Title. A Temporary Use is governed by a zoning permit.
UTILITY BUILDINGS OR APPURTENANCES: Elements of the utility system that extend above ground
and can be seen. Utility Appurtenances include, but are not limited to, electronic transformers,
switch and junction boxes, telephone switch and junction boxes, cable television boxes, gas vents
and valves, irrigation controllers and valve boxes, security and camera, satellite dishes and Antennas
of all types.
VETERINARY HOSPITAL / CLINIC: A place used for the care, grooming, diagnosis and treatment of
sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and
may include overnight accommodations on the premises for the treatment, observation and/or
recuperation. It may also include boarding that is incidental to the primary activity.
VIEW WALL: A security or privacy screen that is part solid wall and part view fence.
VILLAGE ONE DISTRICT: The Village One District is one of the Land Use District within the Avimor
Planned Development Zoning District. The area within the Village One District is specifically
depicted on the Master Land Use Map. Because the Village One District is largely already
developed, the Sub-Use Districts within the Village One District are specifically identified on the
Village One Land Use Map.
VILLAGE ONE LAND USE MAP: The Village One Land Use Map is included as Figure 3A.1 in Chapter
3A of this Title and designates the specific Sub-Use Districts within the Village One District.
VINEYARD: Land used for the growing of grapes including storage of related equipment and
Accessory Uses. It may also include a Winery, tasting room, wine cellar, bottling, and any other uses
related to the production of wine.
WAREHOUSING, STORAGE AND MINISTORAGE: Provision of storage space for household or
commercial goods within an enclosed Building with direct public access to individual storage spaces.
Vehicle storage must be treated as Outdoor Storage.
AVIMOR ZONING ORDINANCE
23 | Page
WASTEWATER TREATMENT AND WATER STORAGE FACILITY: Treatment facility owned and
operated by the Avimor Water Reclamation Company.
WHOLESALING, DISTRIBUTION AND STORAGE: Storage and distribution facilities without direct
public access for merchandise to retailers, industrial, commercial, institutional, or professional
business users, to other wholesalers and to members of such businesses.
WINERY: A facility dedicated to producing, warehousing, distributing, and selling of wine and other
associated products. A Winery may include a crushing facility, bottling equipment, barrel storage,
agricultural equipment and storage. A tasting room, Restaurant, events center, and Retail Sales
associated with the Winery may be included as Accessory Uses.
WIRELESS COMMUNICATION FACILITY: Any facility, often unstaffed, that transmits and/or receives
signals by electromagnetic or optical means, including, without limitation, Antennas, microwave
dishes, satellite dishes or similar structures supporting such equipment.
ZERO LOT LINE: The location of a Building on a Lot in such a manner that one or more Building sides
have no (zero) Setback (or yard requirements) and rest directly on a side, rear, or front Lot line.
AVIMOR ZONING ORDINANCE
24 | Page
CHAPTER 2
LAND USE DISTRICTS
11B-2-1: ZONING AND MAXIMUM DEVELOPMENT INTENSITY
Avimor will contain a mix of residential, commercial, employment, public, institutional, civic, service,
recreational and Open Space uses. The Property is zoned Avimor Planned Development Zoning
District (APD).
11B-2-2: MASTER LAND USE MAP AND LAND USE DISTRICTS
The Master Land Use Map generally depicts the areas within the Avimor Planned Development
Zoning District where specific Land Use Districts are appropriate. The Open Space Land Use District
is appropriate anywhere within the Avimor Planned Development Zoning District. Table 2.2 provides
a comprehensive list of each Sub-Use District allowed in each Land Use District. Table 2.1 provides
which land uses are allowed, conditionally allowed, and prohibited within each Sub-Use District. In
accordance with 11B-11B-3, a Subdivision Land Use Map shall be submitted and reviewed for
approval with each preliminary plat, which Subdivision Land Use will specifically identify Sub-Use
District(s), and the Density allocation included in the preliminary plat area. The Land Use Districts
within the Avimor Planned Development Zoning District are:
A. Village Center District: The Village Center District is the heart of the community and the main
activity center where community, residential and cultural activities occur. As described in Table
2.2, the allowed Sub-Use Districts in the Village Center District include: Single Family Zero Lot
Line (SFZL), Single Family Special Lot (SFSL), Single-Family Attached (SFA), High Density Multi-
Family (MF3), and Village Commercial (VCOM).
B. Mixed Use/Commercial District: The Mixed Use/Commercial District provides a variety of retail,
commercial, residential and employment opportunities for Avimor and area residents. As
described in Table 2.2, the allowed Sub-Use Districts in the Mixed Use/Commercial District
include: Highway Mixed Use (HMU), Medium Density Multi-Family (MF2), Mixed Use (MU),
Community Commercial (CC) and Neighborhood Commercial (NC). Mixed Use Districts will
accommodate office, Flex Space, light Manufacturing, Research and Development, shopping,
business, lodging, professional and support commercial services, primary, secondary and higher
educational facilities, parks and recreation facilities, Vineyards and wineries, and residential
uses. The HMU Sub-Use District is designed to provide highway-oriented businesses as well as
similar and more intensive uses than the MU Sub-Use District. Commercial Sub-Use Districts are
intended to provide commercial facilities designed for use by community or area residents that
will provide most of the daily and weekly support services that residents require on a regular
basis.
C. Foothills Residential District: The Foothills Residential District provides for residential
neighborhood uses and supportive Accessory Uses such as Farmers’ Markets, Schools,
Vineyards, Community Centers and other complementary uses. As described in Table 2.2
AVIMOR ZONING ORDINANCE
25 | Page
allowed Sub-Use Districts in the Foothills Residential District include Estate Residential (ER) and
Rural Residential (RR).
D. Village Residential District: The Village Residential District provides residential neighborhoods
with a range of Lot sizes and housing types depending on location, site conditions, and market
influences to create a community that emphasizes housing diversity. As described in Table 2.2,
the allowed Sub-Use Districts in the Village Residential District include: Single-Family Detached
(SF1, SF2, SF3) and Low-Density Multi-Family (MF1).
E. Village One District: The Village One District encompasses the existing Avimor development
area as designated on the Master Land Use Map. The Village One District is subject to the
standards set forth in Chapter 3A of this Title, which ensures the existing Lots, uses, and
structures within the Village One District are conforming uses. As described in Table 2.2, the
allowed Sub-Use Districts in the Village One District include: Reserve (RE), Cottage (CO), Phase
One Mixed-Use (P1MU), and Community Services (CS). Sub-Use Districts within the Village One
District are designated on the Village One Land Use Map.
F. Open Space District: Open Space Sub-Use Districts consist of Community Open Space (COS) and
Regional Open Space (ROS) districts. Community Open Space and Regional Open Space are
allowed within any Land Use District.
1. Community Open Space: Community Open Space is land set aside for recreation, Agriculture,
habitat, vegetation, scenic, or similar uses and is intended to primarily serve Avimor
residents. Community Open Space may include public, semi-public, and private recreational
facilities, amphitheaters, Golf Courses, Pathways and Trails, landscape zones in and adjacent
to major roadways including areas outside of a dedicated Right-of-Way, greenbelts, cultural,
community, educational, and quasi-public facilities, Equestrian Centers, and trailheads, as
well as parks, playfields and Natural Open Spaces. Agricultural uses, such as Vineyards,
wineries and plant nurseries, are considered Community Open Space. Facilities and tracts of
land owned by the Owners’ Association are also considered Community Open Space.
2. Regional Open Space: Regional Open Space is intended to serve both Avimor residents and
the general public and may be adjacent to, or provide connection to, large scale regional
open space. Regional Open Space may include many of the amenities provided in Community
Open Space as well as active regional parks, and trail corridors. Regional Open Space may be
owned and maintained by the City, the Owners’ Association, private parties, a land trust, or
other conservation group or entity.
AVIMOR ZONING ORDINANCE
26 | Page
11B-2-3: PERMITTED USES
This Chapter provides which uses are permitted in each Sub-Use District. Table 2.1 identifies those
uses permitted by right, those uses that require approval by conditional use permit, and those uses
that are prohibited in each. The asterisk (*) in Table 2.1’s first column refers to specific standards
and/or limitations applicable to a particular use. These specific standards are found in Chapter 4 of
this Title, Specific Use Standards.
Abbreviations used in Table 2.1 are:
P- Permitted Use
C- Use Permitted by Conditional Use Permit, in accordance with Chapter
7
A- Accessory Use
Blank - Prohibited Uses
AVIMOR ZONING ORDINANCE 27 | Page
TABLE 2.1 – LAND USE TABLE
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
COMMERCIAL
Adult Business
Auto Body
Shop*
C C
Auto Gas
Station*
C P P P C P
Auto Repair
and Service
Shop (Major)*
P C C
Auto Repair
and Service
Shop (Minor)*
P P P P P P
Auto Rental
Agency*
C P C C
Auto and
Recreational
Vehicle Sales*
P C C
Animal
Daycare*
P P P P P C C
Bank /
Financial
Institution
P
P P P P P
Bar/ Pub/
Nightclub*
P P P P P P
AVIMOR ZONING ORDINANCE 28 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Bed and
Breakfast
Facility*
P P P C C C C C P
Brewery P P P P P
Building
Materials/
Lumber Yard
P P P P P C
Car Wash * P P P P P P
Cemetery P P
Check-Cashing C C C C
Childcare
Facility
(Family/Home
Daycare)*
C C C C C C C C C C C C C C C C C P
Childcare
Facility (Group
Daycare)*
C C C C C C C C C C C C C C C C P P P
Childcare
Facility (Daycare
Center) *
C C C C C C C C C C C C C C C C
Clinic P P P P P P
Club or Lodges P P P P P P P
Convenience
Store*
P P P P P P
Dry Cleaner /
Laundromat
P P P P P P
Entertainment
Facility
P P P P C C C P
Flex Space P P P P P
AVIMOR ZONING ORDINANCE 29 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Food and
Beverage Sales
P P P P P C C C C C C C C C C C C P P
Health Club P P P P P C C C P
Heliports C C P P
Home
Occupation
Class A&B*
P P P P P P P P P P P P P P P P P P P
Home
Occupation
Class C *
C C
Hospital P P P C
Hotel and
Motel*
P P P P P C C C P
Junkyard
Kennel and Pet
Shop*
P P P P P C C
Laboratory P P P P
Liquor Store* C C C C C P
Manufacturing
, Light*
P P P
Mortuary/
Funeral
Home*
P P P
Motion Picture
/Radio/
Television
P P P P C C C C P
AVIMOR ZONING ORDINANCE 30 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Production
Facility*
Nursing/
Convalescent
Home/
Transitional
Housing/
Assisted Living
P P P P P C C C C P
Office,
Business &
Professional
P P P P P P P P P
Outdoor
Storage*
P P P P P A A A A A A A A A A A A A
Parking Lot/
Parking
Garages
(Commercial)
P P P P P P P P
Pawn Shop /
Auto Title
Loans
Personal
Service
P P P P P
Radio and
Television
Broadcast
Station*
P P P P C C C
Recreational
Vehicle
Storage*
C P P P C C C P
AVIMOR ZONING ORDINANCE 31 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Recycling /
Solid Waste
Transfer
Center*
C C C C C P
Rental Service
/ Storage Yard
(Large
Equipment) *
P P P C
Research and
Development
P P P P P
Resort* P P P P P C C C C C C C C C C C C C
Restaurant
without Drive-
thru) and
Catering
Establishment
*
P P P P P P
Restaurant
(with Drive-
Thru) *
C C C C C C
Retail Sales P P P P P C C P
Rodeo P P P P P
Shooting
Range /Gun
Club (Indoor)*
C C C C C
Shooting
Range / Gun
C C
AVIMOR ZONING ORDINANCE 32 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Club
(Outdoor)*
Shopping
Center,
Community
P P P P P
Shopping
Center,
Neighborhood
P P P P P
Special Care
Facility*
C C C
Veterinary
Hospital/
Clinic*
P P P P P C C P
Warehousing,
Storage and,
Ministorage*
C P P P P C C C C C C C
Wholesaling,
Distribution,
and Storage*
P P P
AVIMOR ZONING ORDINANCE 33 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
RESIDENTIAL
Accessory
Dwelling Unit*
A A A A A A A A A A A A A A A A P P P
Dwelling,
Multi-Family
P P P P P P P P P P P P P P P P P
Dwelling,
Single-Family
Attached
P P P P P P P P P P P P P P P P
Dwelling,
Single-Family
Detached
P P P P P P P P P P P P P P P P P
Equestrian
Lot*
P P
Living
Quarters,
Accessory*
A A A A A A A A A A A A A P P
CIVIC, COMMUNITY & PUBLIC/QUASI PUBLIC
Art Gallery P P P P P P P
Church/Place
of Religious
Assembly
P P P P P P P P P P P P P P P P P P P P
Community
Association
Building/
Facility
P P P P P P P P P P P P P P P P P P P P P P
Community
Garden
P P P P P P P P P P P P P P P P P P P P P
AVIMOR ZONING ORDINANCE 34 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Community
Information
Center*
P P P P P P P P P P P P P P P P P P P P P C
Electric
Substation*
P P P P P C C C C C C C C C C C P P C C C P
Equestrian
Center*
P P P P P P P P C C
Event Center P P P P P P P P P P P P C
Fire/Police
Station*
P P P P P P P P P P P P P P P P P P C P
Golf Course P P P P P P P P P P P P P
Library* P P P p P P P P P P P P P P P P P P C P
Maintenance
Facility Related
to Open Space
A A A A A A A A A A A A A A A A A A
Museums P P P P P P P P
Park, Open
Space and
Open Space
Easement
P P P P P P P P P P P P P P P P P P P P P P
Post Office/
Annex
P P P P P P P P P P P P P P P
Pump Station P P P P P P P P P P P P P P P P P P C C C P
Recreation/
Community
Center
P P P P P P P P P P P P P P P P P P P P P C
AVIMOR ZONING ORDINANCE 35 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Recreation
Field, Court,
and Sports
Facility*
P P P P P P P P P P P P P P P P P P P P P
Satellite and
Microwave
Dishes*
P P P P P P P P P P P P P P C C C C C C C P
Wastewater
Treatment
Facility*
C C C C C C C C C C C C C C C C C C C C C P
Water Storage
Facility*
P P P P P P P P P P P P P P P P P P C C C P
Wireless
Communication
Facility*
C C C C C C C C C C C C C C C C C C C C C P
EDUCATIONAL
Schools,
Business
P P P P P P P P P P P P P P P P P P C C P P
Schools,
Colleges and
Universities
(including
Satellite
Campuses)
P P P P P P P P P P P P P P P P P P
Schools,
Elementary/
Middle/High
P P P P P P P P P P P P P P P P P
P C C P P
AVIMOR ZONING ORDINANCE 36 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Schools (Public
& Private)
Schools,
Vocational/
Technical
P P P P P P P P P P P P P P P P P P C P P P
AGRICULTURAL
Agriculture* P P P P P P P P P P P P P P P P P P P P P P
Farm P
Plant Nursery/
Sod Farm
(Retail &
Wholesale)*
P P P P P A A P P C P P
Vineyard P P P P P P P P P P P P P P P P P P
Winery* P P P P P C C C P P P
TEMPORARY USES
Aggregate
Processing,
Asphalt, and
Concrete
Batch Plant*
C C C C C C C C C C C C C C C C C C
Circus and
Carnival*
C C C C C C C
Farmers’
Market*
P P P P P C C P P P P P P
AVIMOR ZONING ORDINANCE 37 | Page
V
C
O
M
H
M
U
M
U
C
C
N
C
R
R
E
R
S
F
1
S
F
2
S
F
3
SF
ZL
SF
SL
S
F
A
MF
1
MF
2
MF
3
COS ROS RE CO P1MU CS
Oil and Gas
Extraction
P P P P P P P P P P P P P P P P P P P P P P
Roadside
Stand*
C C C C C C C P P P P P P
Seasonal Sales P P P P P P P P P P P P
Special Event* C C C C C C C C C C C C C C C C C C C C C C
Special Event
(Avimor)
P P P P P P P P P P P P P P P P P P P P P P
Sporting
Event*
P P P P P C C C C C P P P P P P
Temporary
Construction
Office / Yard*
P P P P P P P P P P P P P P P P P P P P P P
Temporary
Sales Office/
Trailer*
P P P P P P P P P P P P P P P P P P P P
38 | Page
Avimor Zoning Ordinance
11B-2-4: SETBACKS AND GENERAL LOT DEVELOPMENT REGULATIONS
These standards are designed to ensure that development within Avimor Planned Development
Zoning District will produce a built environment of stable, desirable character that is harmonious
with existing and future development and is consistent with the intent and purpose of the Master
Land Use Map. Centralized Water and Wastewater facilities are required for all subdivision and
Lot split applications in all Land Use Districts exceeding one (1) Dwelling Unit per two (2) acres
(where facilities are available).
A. General Setback Standards
1. Minimum Sub-Use District Setbacks are outlined in Table 2.2. Dwelling Units located in
the HMU, MU, and NC Sub-Use Districts shall use the Setback standards for the applicable
district.
2. Dwelling Units that are stacked above non-residential uses shall use the Setbacks of the
non-residential Sub-Use District in which located.
3. Dwelling Units in the RR, ER, and SF1 Sub-Use Districts shall adhere to the Setbacks
outlined in Table 2.2.
4. Driveway length shall be a minimum nineteen (19) feet, or three (3) to five (5) feet.
Driveway length shall be measured from the back of sidewalk, or back of curb if no
sidewalk exists, or edge of pavement if no curb exists to the garage. Front loaded
driveways between nineteen (19) and twenty-two (22) feet length that intersect with a
sidewalk shall have a flared apron as shown in Exhibit 2.1. No more than three consecutive
Dwelling Units in a row shall have front loaded driveways between three (3) to five (5)
feet in length. There shall be no such restriction for rear loaded Dwelling Units.
39 | Page
Avimor Zoning Ordinance
Exhibit 2.1
5. Bay windows, nooks, architectural pop-outs and appendages, fireplaces, cabinets
designed to screen utility meters and similar architectural features shall encroach no
more than two (2) feet into any Setback, provided they remain at least three (3) feet from
the side property lines and ten (10) feet from the front property line, and do not increase
the living space within the home at the floor line. The maximum width of such structures
shall not exceed thirteen (13) feet in total for any facade.
6. Roof overhangs, cornices, and similar architectural features shall encroach no more than
two (2) feet into any Setback provided they remain at least three (3) feet from the
property line. Balconies must maintain the Setback required for the structure to which
they are attached and may not extend into the required Setback area except on Lots
where such balconies abut a Golf Course, park area, common Open Space, or similar Open
Space. In such case balconies may extend into the Setback area toward the Open Space a
distance equal to fifty percent (50%) of the required Setback provided they remain at least
five (5) feet from the property line. Balconies on multi-family Dwelling Units may also
overhang a sidewalk or Common Area up to five (5) feet so long as they are elevated in
the vertical air space over and above such sidewalk or Common Area by a minimum of
ten (10) feet.
40 | Page
Avimor Zoning Ordinance
7. Interior Fire Escapes are encouraged. Exterior Fire Escapes shall encroach no more than
6 feet into any Setback provided they remain at least three (3) feet from the property line.
Exterior Fire Escapes are allowed in the side or rear yards only.
8. Accessory Dwelling Units, shall comply with the Setback and height standards for the
district they are located in as set forth in Tables 2.2 or as otherwise described in Chapter
4 of this Title.
9. Accessory structures shall not be permitted in the addressed front except for garages and
Accessory Dwelling Units, which shall comply with the Setback standards of the applicable
residential district.
10. Attached patio covers, awnings, carports, trellises, and similar structures and
architectural elements within residential districts shall encroach no more than two (2)
feet into the front Setback and shall encroach no more than fifteen (15) feet into the side
and rear Setbacks provided they remain at least five (5) feet from the property line. These
Setbacks are measured from the supporting posts; however, overhangs may extend up to
three (3) feet from a property line. Such structures must remain open without the use of
siding, screens or other enclosures. Enclosed structures must conform to the Setback
standards for the principal dwelling.
11. Awnings, trellises, and similar structures and architectural elements in non-residential
districts may overhang a sidewalk up to six (6) feet so long as they are elevated in the
vertical air space over and above such sidewalk by a minimum of eight (8) feet and do not
negatively impact a tree canopy.
13. Swimming pools shall only be permitted in the side or rear yard areas. Swimming pools shall maintain
a minimum Setback of three (3) feet from the water’s edge to property lines and easements. Any
Setback, if required, from the dwelling or other Buildings on the same Lot shall be determined by the
City Building Department.
B. Building Heights
1. Building heights shall be measured from the finished floor elevation closest to the finished
grade to the top of the roof. The height of the Building may follow the slope of the
contour of the Lot (grade adaptive architecture). Top of roof means ridgeline or the
highest point of any architectural element concealing roof top equipment, excluding
chimneys and vents. Height restrictions are not intended to limit the number of stories.
Height restrictions do not apply to chimneys, which are governed by the building code.
2. Themed, non-habitable structures or parts of structures, such as Church steeples and
clock towers, shall be allowed up to fifty (50) feet in height in the VCOM, NC, and all
residential Sub-Use Districts and shall be allowed up to sixty (60) feet in height in the CC,
HMU, and MU Sub-Use Districts except where the height of such structures will constitute
a hazard to the safe landing and takeoff of aircraft at an established airport.
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3. Refer to Tables 2.2 for maximum building heights.
C. Residential Density
1. Residential Density, as shown on Table 2.2, shall be determined on a gross area basis.
Gross area includes the entire area being developed together with all Right-of-Way prior
to any Right-of-Way dedication.
D. Refuse Storage/Disposal
1. Every Parcel with a multi-family or commercial use shall have a trash receptacle on the
premises. The trash receptacle shall be of sufficient size to accommodate the trash
generated by the use and must be a minimum of fifty (50) feet from any single-family
residential property. The receptacle shall be screened from public view on at least three
sides by a solid wall or structure that is constructed to be a minimum of one foot (1’)
above the height of the trash and/or recycling receptacle within the collection area
measured from the finished surface and on the fourth side by a solid gate not less than
the height of the trash and/or recycling receptacle. Trash enclosures and containers shall
comply with the design standards set forth in Chapter 3 of this Title. Trash receptacles for
single-family homes must be stored within the enclosed garage or screened from the
Right-of-Way behind a fence. Notwithstanding anything herein, the following shall be
exempt from the Setbacks of this subsection: all uses within the VC district, Live/Work
uses, and any Dwelling Units that are stacked above non-residential uses. However, the
trash receptacle must be located in the rear of the property and not encroach into any
site triangle.
E. Hillside Development and Grade-Adaptive Housing
1. Guidelines for hillside development and grade-adaptive housing are contained in the
Avimor Grading Guidelines and Hillside Development Standards.
F. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts
1. Nonresidential Buildings or uses shall not be located or constructed closer than twenty
feet (20') to any Lot line of a residential Sub-Use District, unless specifically called out in
Chapter 4 of this Title; except that the minimum yard requirements may be reduced to
no less than ten feet (10’) of the requirement if acceptable to the City Design Review
Board.
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TABLE 2.2 SUB-USE DISTRICT DIMENSIONAL STANDARDS
SUB-USE
DISTRICT
MAXIMUM
DENSITY
MINIMUM
LOT AREA
MAXIMUM
LOT
COVERAGE
MINIMUM SETBACKS MAXIMUM
HEIGHT
FOOTHILLS RESIDENTIAL
(RR)
Rural
Residential
See Note 1
1 Unit per
2 Gross
Acres
1.0 Acre 35% Front Garage: 30’
Side Garage: 20’
Living: 25’
Interior Side: 10’
Street Side: 20’
Rear: 20’
40’
(ER)
Estate
Residential
See Note 1
5 Units per
gross acre
8,500 sq. ft. 40% Front Garage: 20’
Side Garage 15’
Living: 15’
Interior Side: 5’
Street Side: 15’
Rear: 20’
40’
VILLAGE RESIDENTIAL
(SF1)
Single-Family
Detached
See Note 1
6 Units per
gross acre
6,500 s.f.
50% Front Garage: 20’
Side Garage: 10’
Living: 10’
Interior Side: 5’
Street Side: 10’
Rear: 20’
Alley Garage: 5’
35’
(SF2)
Single-Family
Detached
See Note 1
9 Units per
gross acre
4,500 s.f. 60% Front Garage: 18’
Side Garage: 10’
Living: 10’
Interior Side: 5’
Street Side: 10’
Rear: 10’
Alley Garage: 5’
35’
(SF3)
Single-Family
Detached
10 Units
per gross
acre
3,000 s.f.
70%
Front Garage: 18’
Side Garage: 8’
Living: 8’
Interior Side: 3’
Street Side: 10’
Rear 10’
Alley Garage: 5’
35’
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SUB-USE
DISTRICT
MAXIMUM
DENSITY
MINIMUM
LOT AREA
MAXIMUM
LOT
COVERAGE
MINIMUM SETBACKS MAXIMUM
HEIGHT
(MF1)
Low Density
Multi-Family
See notes 4, 5
& 6
12 Units
per gross
acre
15% % of the
site
85% of
the site
Front: 10’
Interior Side: 5’
Street Side: 10’
Rear:0’
30’;
VILLAGE CENTER
(SFZL)
Single-Family
Zero Lot Line
See Notes 2 &
3
10 Units
per gross
acre
3,000 s.f. 90% Front: See note 2
Interior Side: 0’/5’
Street Side: 0’
Rear: 0’
Alley Garage: 3’-5’
35’
(SFSL)
Single Family
Special Lot
12 Units
per gross
acre
3,000 s.f. 90%
See Note 3
38’
(SFA)
Single-Family
Attached
See Notes
2 & 3
18 Units
per gross
acre
N/A 90% Front: See note 2
Interior Side: 0’/5’
Street Side: 15’
Rear: 15’
Alley Garage: 3’-5’
38’
(MF3)
High Density
Multi-Family
See notes 4, 5
& 6
20 Units
per gross
acre
0% of the site 100% of
the site
Front: 0’
Interior Side: 10’
Street Side: 0’
Rear:0’
48’
(VCOM)
Village
Commercial
See Note 7
18 Units
per gross
acre
4.0 N/A Front: 0’
Interior Side 0’
Street Side: 0’
Rear: 0’
48’
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* Notwithstanding anything to the contrary herein, existing and future development and
redevelopment within the Village One District is subject to the standards set forth in Chapter 3A
of this Title.
1. Interior side should be a cumulative fifteen (15’) Setback
VILLAGE ONE*
SUB-USE
DISTRICT
MAXIMUM
DENSITY 1
MINIMUM
LOT AREA
MAXIMUM
LOT
COVERAGE
MINIMUM
SETBACKS
MAXIMUM HEIGHT
(RE) Reserve
2 Unit per
gross acre
9,000 sq. ft 45% Front Garage: 20’
Side Garage: 15’
Living: 15’
Interior Side: 5’
Street Side: 15’
Rear: 20’
35’
(CO) Cottage 8 Units per
gross acres
1,500 sq.ft 80% Front Garage: 20’
Side Garage: 10’
Living: 10’
Interior Side:5’1
Street Side: 10’
Rear: 5’
35’
(P1MU)
Phase One
Mixed – Use
8 Units per
gross acre
N/A N/A Front Garage: 0’
Side Garage: 0’
Living: 0’
Interior Side: 0’
Street Side: 0’
Rear: 0’
40’
(CS)
Community
Services
N/A 1,500 sq. ft N/A Front: 10’
Interior Side: 10’
Street Side: 10’
Rear: 10’
40’
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MIXED USE/COMMERCIAL
SUB-USE
DISTRICT
See note 1
MAXIMUM
DENSITY
MINIMUM
LOT AREA
MAXIMUM LOT
COVERAGE
MINIMUM
SETBACKS
MAXIMUM
HEIGHT
(HMU) Highway
Mixed Use
16 Units per
gross acre
10% of the site 100% of the site Front: 15’
Interior Side: 5’
Street Side: 10’
Rear: 10’
58’
(MU)
Mixed Use
16 Units per
gross acre
10 % of the site 100% of site Front: 15’
Interior Side: 5’
Street Side: 10’
Rear:10’
58’
(MF2) Medium
Density Multi-
Family
16 Units per
gross acre
10% of the site N/A Front: 10’
Interior Side: 5’
Street Side: 10’
Rear:0’
45’
(CC) Community
Commercial
See Note 7
16 Units per
gross acre
.5 N/A Front: 20’
Interior Side: 0’
Street Side: 0’
Rear: 0’
58’
(NC) Neighborhood
Commercial
See Note 7
16 Units per
gross acre
.5 N/A Front: 15’
Interior Side: 0’
Street Side: 10’
Rear: 5’
48’
Notes:
1. In the RR, ER and SF1 Sub-Use Districts, the rear Setback may be reduced to fifteen (15) feet
if the rear property line is adjacent to Open Space that is a minimum of fifty (50) feet wide. In
the SF2 Sub-Use District, the rear Setback may be reduced to ten (10) feet if the same condition
exists.
2. In the SFZL and SFA Sub-Use Districts, the front Setback, exclusive of the garage, may be
eight (8) feet. The front Setback to a side entry garage may also be eight (8) feet. The Setback to
a front entry garage shall be either nineteen (19) feet or more or three (3) to five (5) feet.
Setbacks between five (5) feet and nineteen (19) feet are not allowed without a variance.
3. In the SFZL and SFA Sub-Use Districts the 0’ side Setback is for the party wall and 5’ side
Setback is for the non-party wall side of the dwelling.
4. In all multi-family Sub-Use Districts, driveway length may be either nineteen (19) feet or
more or three (3) to five (5) feet. Setbacks between five (5) feet and nineteen (19) feet are not
allowed.
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5. Open Space that was platted with the initial plat in which the Super Pad is located shall be
sufficient for the Open Space requirements for the Super Pad resubdivision.
6. Open Space requirements are waived if Lot Coverage is 80% or more of the Lot or if the Lot
abuts Natural Open Space.
7. The minimum on-site landscape requirement for any non-residential Parcel is ten percent
(10%) of the Lot Area. The intent of this requirement may be satisfied by interior plazas of
Building, roof top gardens and Parking Lot landscaping consistent with Chapter 3 of this Title. This
requirement is waived if the Lot Coverage is eighty percent (80%) or above.
11B-2-5: SINGLE-FAMILY SPECIAL LOT (SFSL) DEVELOPMENT STANDARDS:
The SFSL district offers alternative site planning and housing mix opportunities from the typical
single-family detached development. SFSL projects shall conform to the following:
1. A Parcel may be developed using a combination of SFSL types.
a. Single family zero lot
b. Single family 1,2 & 3
2. Alternative SFSL types may be added to these Standards in the future through a
modification of these Standards (see Chapter 7 of this Title) to reflect new housing designs
and neighborhood configurations.
B. Parking
1. Two enclosed garage spaces are required for each Dwelling Unit. Tandem garage spaces
shall satisfy this requirement.
2. All SFSL projects shall also provide guest Parking Spaces as follows:
a. One (1) guest space shall be provided for every four (4) Units.
b. On Street Parking is acceptable for guest parking when sufficient street width exists
per the Local Highway Department’s Road standards and there are no conflicts with
utilities or driveways. When off-street guest parking areas are provided in lieu of On
Street Parking, such parking areas shall be distributed as evenly as possible
throughout the SFSL project.
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CHAPTER 3
DESIGN REVIEW
11B-3-1: GENERAL APPLICABILITY
This Chapter applies to all development within Avimor. The design review process and standards
set forth in this Chapter apply to all development or redevelopment of nonresidential uses, multi-
family residential, and community signage. Including, but not limited to, commercial uses,
industrial, institutional, office, multi-family and single-family attached residential, signs,
subdivision signage, exterior remodeling or repainting with a color different that what is existing,
exterior restoration, and enlargement or expansions of existing Buildings, Signs or site, and
requires the submittal of a design review application pursuant to this Chapter and any fees as
established by resolution of the Council. Single-family residential development is not subject to
this Chapter. Such development Design review applications for a change in paint color are subject
to review and approval by the Avimor Design Review Committee and the City of Eagle but
otherwise shall not be required to comply in all respects to the requirements of this Chapter.
11-3-2: PURPOSE AND GOALS:
A. The purpose and goals of this Chapter are to:
1. Promote high-quality Building design in nonresidential and mixed-use areas through
flexible standards that allow for creativity and innovation, consider the surrounding context,
foster a human scale with accessible and attractive street fronts, and project a positive image
to encourage economic development;
2. Ensure that the aesthetic harmony will be maintained throughout Avimor by the repeated
use of selected design elements such as cohesive architecture, landscaping, and signage; and
3. Maintain, protect, enhance, and improve the values and amenities of Avimor and the
surrounding area.
11B-3-3 EFFECT OF OTHER PROVISIONS:
If any provision of this Chapter is found to be in conflict with any other provision of this Title,
Building, fire safety or health ordinance, the provision which establishes the higher and/or more
restrictive design standard shall prevail.
11B-3-4 DEFINITIONS:
Certain words or phrases used in this Chapter shall be interpreted as defined within a particular
Chapter, as defined within this Title, or as defined in Chapter 1 of this Title, with the more specific
and/or more restrictive definition controlling. Any other words or phrases not specifically defined
shall be interpreted to give this Chapter its most reasonable application.
11B-3-5 AVIMOR DESIGN GUIDELINES:
The purpose of the Avimor Design Guidelines (ADG) book is to show, through the use of figures,
photographs, and text, specific period architectural styles, themes, and elements envisioned
through the requirements of this Chapter. The ADG book, established through a resolution of the
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City Council, contains many of the exhibits referenced in this Chapter and is incorporated herein
by reference. The architecture styles found in the ADG book are permitted architecture styles.
All applications made pursuant to this Chapter shall be reviewed in accordance with the ADG and
this Chapter. If any provision of the ADG book is found to be in conflict with any other provision
of this Chapter, the provision established in this Chapter shall prevail.
11B-3-6 DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:
A. General Objectives And Considerations: The following, including the provisions set forth in
this Chapter contain a listing of objectives applied to each application, and a listing of matters
that shall be considered by the Design Review Board. The objectives are separated into two
(2) sections: site design and building design. Specific aspects of design should be examined
to determine whether the proposed development will provide a desirable environment for
its occupants as well as for its neighbors, and whether, aesthetically, the composition,
materials, textures and colors meet the intent of this Chapter. The Design Review Board shall
consider the following criteria in reviewing the application:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide parking in conformity with the applicable
design;
a. The functional relationship of the structures and the site in relation to its surroundings;
b. The impact and effect of the site development plan on traffic conditions on contiguous
streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off-street parking facilities relative to access points,
Building location and total site development to prevent traffic conflict or congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and
vehicle service facilities;
f. The access, Parking Lot, and interior roadway illumination plans and hours of operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the project
and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion and
conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
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l. The provision of safe pedestrian and bicycle connections between neighborhoods and
commercial areas.
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties through
the proper use of screening with sound and sight buffers, and unsightly areas shall be
concealed or screened and the Design Review Board shall consider:
a. The location, height, and materials of walls, fences, hedges and screen plantings to ensure
harmony with adjacent development;
b. The location and type of new plantings, with due regard to preservation of specimen and
landmark trees, and to maintenance of all plantings;
c. The providing of screen plantings or other screening methods reasonably required to
conceal Outdoor Storage areas, trash receptacles, service areas, truck loading areas, Utility
Buildings and other unsightly developments;
d. The installation of sound and sight buffers, the preservation of public views, light and air,
and the consideration of those landscape aspects of design which may have substantial
effects on neighborhood development, land uses, and amenities;
e. The design and use of Open Spaces and parks; and
f. The permanent maintenance of all landscaped areas and fencing.
3. Site Grading And Drainage: Improvements must include site grading and drainage in
accordance with the Avimor Grading Guidelines and Hillside Development Standards.
a. Drainage control: Site grading should control drainage. Grading should also be designed to
screen parking areas, service areas, or other visually unattractive areas;
b. Storm Water Basins: Landscaped areas may be used for Storm Water Basins to retain
and/or detain stormwater. Basins must be designed to retain and/or detain all water resulting
from a 1% annual chance, one-hour storm event and limit discharge to pre-development
discharge rates. The overall stormwater basins must also be designed so as not to cause
damage to landscaping or other improvements. The maximum depth of a Storm Water Basin
exposed to direct public view is 4’ in depth without a safety bench. For deeper ponds a 10’
wide safety bench will be required to be added with top of bench at 6” below design normal
surface elevation. Slopes above the bench shall not be steeper than 3:1. If a wet pond is
designed as the Storm Water Basin than slopes below the bench shall not exceed 2:1. Where
space is limited, retaining walls may be used. Such walls must complement the Building
architecture. Storm Water Basin design must comply with the Local Highway Department
design standards;
c. Runoff: Owners/occupants may not allow runoff from their Parcel to drain onto adjacent
Parcels, except through common drainage easements areas; and
d. Grading and Building access: Site grading may not block access to the site, internal vehicular
circulation, and existing structures.
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4. Signage: Signing for any project shall balance public interest and private business needs with
objectives of creating and preserving a community that is aesthetically pleasing, livable,
sustainable and connected. The Design Review Board shall consider:
a. That the constitutionally guaranteed right to free speech is protected;
b. Promote and protect the public health, safety and welfare of residents and visitors to the
Development; by maintaining and improving pedestrian and vehicular safety by reducing
distractions, obstructions, and hazards caused by the excessive number, excessive size or
height, inappropriate means of illumination or movement, indiscriminate placement,
overconcentration, or unsafe construction of Signs;
c. Encourage Signs which are clear and legible; to encourage and enhance effective visual
communications as a means of communication; to enable people to identify destinations and
locations; and to aid the public and private sectors in identifying the location of goods and
services;
d. Enhance the appearance and economic value of the visual environment by regulating and
controlling the type, location, and physical dimensions of Signs and Sign structures;
e. Promote the use of Signs that are aesthetically pleasing, safe, of appropriate scale, and
integrated with the built environment, in order to meet objectives related to the quality and
character of the development;
f. Maintain and enhance the beauty, unique character, aesthetic environment and quality,
that will attract commerce, businesses, economic development, residents and visitors; to
preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning
districts; to regulate the appearance and design of Signs in a manner that promotes and
enhances the beautification and that complements the natural surroundings in efforts in
retaining economic advantage for its community; and to assure that the benefits derived from
the protection and enhancement of property values and business opportunities by exercising
reasonable controls over the physical characteristics and structural design of Signs;
g. Reduce visual clutter that may otherwise be caused by the proliferation, improper
placement, illumination, animation, excessive height, and excessive size (area) of Signs which
compete for attention of pedestrian and vehicular traffic;
e. Encourage and allow Signs that are appropriate to the zoning district in which they are
located;
h. Establish Sign size in relationship to the scale of the Lot and Building on which the Sign is
to be placed or to which it pertains; to foster the integration of signage with architectural and
landscape designs; to provide flexibility and encourage variety of signage, and to promote the
use of Signs that positively enhance and contribute to the aesthetics of the community, are
appropriate in scale to the surrounding Buildings and landscape and advance the goals of
quality and development and quality of place; and
i. To provide fair and consistent enforcement of these Sign regulations.
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5. Utilities: Utility service systems shall not detract from Building or site design. The Design
Review Board shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
b. The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board;
c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines,
wells, and similar installations;
d. The continued maintenance of these service systems;
e. Unless a variance is granted pursuant to Chapter 7 Section 5 of this Title, no utility lines,
Antennas, wires, or other devices for the communication or transmission of electric current,
power, or signals (including telephone, television, micro- wave, or radio signals), shall be
constructed, placed, or maintained anywhere in or upon any Parcel other than within
Buildings or structures, unless the same shall be contained in conduits or cables constructed,
placed, or maintained underground or concealed in or under Buildings or other structures.
No Antennas or other services for the transmission or reception of telephone, television,
microwave, or radio signals may be placed on any Building or other Improvement on any
Parcel without approval of the Administrator. Nothing contained herein shall be deemed to
forbid the erection or use of temporary power or telephone facilities incidental to the
construction or repair of improvements of any Parcel, subject to the approval of the
Administrator; and
f. The Owner/Occupant is responsible for determining the location of existing underground
utilities and for their protection during construction. The Owner/Occupant must contact
Utility Provider prior to any excavation or the “Call Before You Dig” line.
6. Building Design:
a. Building Mass: The mass of the Building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the Building shall provide interest
through the use of such features as balconies, bays, Porches, covered entries, overhead
structures, awnings, changes in Building facade and roofline alignment, to provide shadow
relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The Design Review Board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
Building use, and the functional appropriateness of the proposed Building design as it relates
to the proposed use shall be considered; and
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e. Allowed Architectural Styles: The architecture styles provided in the ADG book are
approved building design standards and examples for design review applicants to follow.
B. Architectural Requirements, Building Materials, Colors, Exterior Areas And Building
Height/Mass Limitation:
Unless specified as prohibited herein, materials listed in this Chapter are allowed. If a material
proposed for construction is not listed in this Chapter it shall be upon the discretion of the Avimor
Design Review Committee, the Administrator, the Design Review Board, and the City Council,
whichever the case may be, to determine the appropriateness of such material.
1. Building rears and sides:
a. Special attention should be given to the rears and sides of Buildings that have reverse
frontage to public streets, including an appropriate mix of allowed colors and materials;
and
b. Although the front facades of commercial and mixed-use Buildings are critical
elevations, these Buildings should also be designed to be seen from all sides.
2. Street Façade:
a. Long, unbroken facades will not be permitted. Stepping, massing, fenestration, or
similar architectural treatments should be used to break up Building masses together with
an appropriate mix of approved colors and materials;
b. The front elevations of new commercial or mixed-use Buildings must contribute
positively to the attractiveness of the Streetscape through the combination of the
Building height, massing color and material guidelines as described within this Title;
c. All retail space must be easily accessible to the general public;
d. The entrances to commercial or mixed-use Buildings should be always oriented to, and
be highly visible from, the street. Entrances for retail uses must be separated from
residential entrances. Additional residential or service entrances connected to the rear
parking may be provided from the rear or side of the Buildings;
e. At the street level, windows should be sufficiently larger to expose goods within shops
and encourage a retail presence; and
f. Retractable fabric awnings or permanent canopies for sun protection and the creation
of protected sidewalk space are encouraged. Awnings or permanent canopies may
encroach 5’ into the Setback. A minimum distance of eight feet (8’) shall be required
between the walkway and the bottom of the awning or canopy. Columns supporting
canopies or awnings are not allowed in the Setback;
3. Design elements that add human scale:
a. Recessed entries and other architectural treatments should be used to add human scale
to Buildings, e.g., awnings, window, outdoor patios.
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4. Roofs and drainage equipment:
a. All flat roofs must be below parapets, and no roof may drain over a wall. Gutters,
downspouts, or similar drainage alternatives, and vents should be painted to match the
surfaces to which they are attached if their appearance is not to be pronounced. If
downspouts are used for roof drainage design attention must be given to their color and
be consistent with the color scheme of the Building.
5. Roof-mounted equipment:
a. All roof-mounted equipment and ventilators must be screened at eye-level by a
Building parapet or roofline;
b. No wall-mounted equipment will be permitted on the front or sides of any Building;
c. Only ground- mounted Building, electrical, or mechanical equipment will be allowed on
the fronts or sides of Buildings, and such equipment must be screened from view by walls
and/or dense landscaping; and
d. All vents, hoods and mechanical units must be completely screened by parapet walls.
6. Access ladders:
a. Roof top access ladders shall be located internal to the Building;
b. All hand rails, hatches, etc. shall be completely screened by the parapet wall; and
c. External ladders are not permitted.
7. Exterior Wall and Soffit:
a. Primary materials may include:
(1) Stucco;
(2) Cementitious siding;
(3) Brick;
(4) Integral colored, sandblasted, honed and/or split faced CMU.;
(5) Wood;
(6) Architecturally designed metal panels;
(7) Brick; or
(8) Natural cultured stone.
b. Accent materials may include:
(1) Clear or lightly tinted glass;
(2) Natural and simulated stone veneer;
(3) Rough cut wood beams;
(4) Columns and accent bands;
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(5) Ceramic tile;
(6) Anodized aluminum stainless steel fascia; or
(7) Non-corrosive corrugated steel.
c. Prohibited Building Materials shall include:
(1) T-111 siding except in interior ceiling locations;
(2) Standard unfinished gray CMU;
(3) Unfinished plywood or wood trim;
(4) Vinyl siding;
(5) Mirrored glass;
(6) Highly reflective materials; and
(7) Wood shingles on roofs due to fire risk.
8. Roofs:
a. Primary and accent roof materials visible from street level shall include:
(1) Concrete or clay tile;
(2) Architectural shingles;
(3) Metal standing seam (concealed fasteners are required);
(4) Visible roofing to have low reflectivity; or
(5) Concealed fasteners are required.
b. Primary roof materials for low slope roofs screened by parapet walls shall include:
(1) Polyvinyl Chloride (PVC);
(2) Thermoplastic Polyolefin (TPO); or
(3) Other associated single-ply membrane roofing.
c. Prohibited Materials:
(1) Wood shingles; and
(2) Flammable materials that are not firewise approved.
9. Colors:
a. Earthen tones are encouraged;
b. Flat or low gloss finishes are encouraged;
c. Roof mounted mechanicals, all vents protruding through the roof and unscreened, and
similar features shall be painted so as to match the color of the roof;
d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior
colors of the Building; and
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e. Where appropriate, for historic features, other paint colors may be appropriate to
comply with approvals from the applicable historic agency or to honor the historic
structure.
10. Exterior Areas:
a. Refuse and Recycling Collections Areas:
(1) All refuse and recycling from any Parcel are to be accumulated in an approved
“trash enclosure,” provided for such Parcel by the refuse service provider. All refuse
collection areas must be located where the trash enclosures are concealed to the
public and in accordance with this Chapter. All exterior refuse collection areas must
be screened by Building walls or screening walls. The location of all such enclosures
must allow adequate space for ingress and egress by collection trucks. All waste and
refuse must be frequently and regularly removed from the Parcel.
(2) Trash enclosures shall be enclosed and screened from public view. The sight
obscuring screen shallshall comply with the design standards set forth in Chapter 3 of
this Title.
(3) If a trash enclosure is attached to, or within ten feet (10’) of the Building which it
services, the enclosure must match the colors and materials of that Building. If the
trash enclosure is a shared unit located centrally within the Parking Lot, then it must
match the typical trash enclosure wall and gate style, see Exhibit 3.1.
(4) All refuse and recycling collection areas shall be delineated on the Parking Lot
layout and design plan. Trash enclosures shall not be located in a manner that
obstructs or interferes with any designated vehicular or pedestrian circulation routes
within a Parking Lot.
(5) All trash enclosure gates shall be complimentary color to the Building as
determined by the Avimor Design Review Committee and the City of Eagle.
(6) All trash and/or garbage collection areas for commercial, industrial and multi-
family residential uses shall be screened from public view on at least three sides by a
solid wall or structure that is constructed to be a minimum of one foot (1’) above the
height of the trash and/or recycling receptacle within the collection area measured
from the finished surface and on the fourth side by a solid gate not less than the height
of the trash and/or recycling receptacle. Trash enclosures and containers shall comply
with the design standards set forth in Chapter 3 of this Title.
(7) Service areas for new Buildings will be located at the rear including loading,
recycling, garbage, meters, mechanical equipment, etc. Service areas will be screened
from view to the height of the equipment with decorative walls compatible with the
Building façade if visible from the street.
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Exhibit 3.1
b. Decks And Patios:
(1) Concrete (stamped finish and smooth finish);
(2) Brick pavers;
(3) Wood polymer composite lumber; or
(4) Wood (pressure treated, redwood).
Conceptual Trash
Enclosure Wall
Conceptual Trash
Enclosure Gate
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c. Fences, Decorative Wall, Screening Elements:
(1) Fences and Walls: The purpose of this Section is to provide criteria for fencing and
walls that assist in distinguishing and delineating spaces and property lines, and in
providing security and safety. However, fences and walls should not block views of
riparian corridors, and should not pose a danger, or be an impediment to movement
of wildlife. Transitional slopes between improved Lot Areas should be maintained by
vegetation and natural rock features; walls will be approved only where required or
for structural integrity.
(2) Fencing must adhere to an approved, consistent community theme.
(3) Wrought iron fencing shall be forty-eighty inches (48’’) maximum height and picket
spacing shall be no closer than four inches (4”) apart or wider than eight inches (8”)
apart. All wrought iron fencing must have a solid top rail as a protection for big game;
spikes and pointed finials are prohibited. If the Avimor Conservation Director gives
written approval, wrought iron fencing height may be increased up to seventy-two
inches (72”).
(4) Lot-line fencing in the front of mixed-use product will be limited to open fencing,
or to planting hedge and must not exceed 42” in height.
(5) Site walls shall be of the same character, color and finish as the primary structure,
unless otherwise approved by the Avimor Design Review Committee and the City of
Eagle.
(6) Site walls, fences, berms or landscaping may align with the Building Envelope but
must never delineate the entire envelope.
(7) The maximum uninterrupted height of any retaining wall shall be six (6) feet,
measured from grade to top of wall. Where grades require more than one wall,
additional walls must be set apart a distance of one foot horizontally for each one foot
of vertical of the second wall and the areas between walls must be landscaped.
(8) All fencing must follow firewise standards and requirements.
(9) Screening elements shall include, but not be limited to: deciduous trees (shade
and ornamental), evergreen trees, berms, solid fences, walls and sound walls. Cyclone
shall not be deemed a screening material and is not permitted.
(10) Screen walls permitted outside Setback along the side of the property adjacent
to single-family residential are to be between six feet and eight feet (6’–8’) high.
(11) Garden walls or parking screen walls permitted within the Setback shall be a
maximum of three feet (3’).
(12) Where visible from streets, screen walls shall be constructed to match the typical
Parking Lot screen wall detail. Appropriate landscaping should be used to reduce the
visual impact of screen walls.
(13) Approved Material:
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(a) Vinyl (if earthen tones);
(b) Block (with columns);
(c) Brick (with columns);
(d) Wrought iron;
(e) Architectural metal;
(f) Decorative (such as three-rail ranch fencing or stamped concrete);
(g) Gabion style;
(h) Chain-link (rubberized) for sport-court recreation applications;
(i) Chain-link for temporary Construction Yards only;
(j) Composite;
(k) Greenscreen; and
(l) Stone.
(14) Prohibited fencing:
(a) Cedar, fir and similar high fire combustible fencing, and barbed wire (with
the exception it is allowed for use in ranching operations only); and
(b). Chain-link, except as allowed above.
d. Storage Areas and service yards:
(1) No storage is permitted between any public street and the Setback line of any
Building in Avimor. Storage areas must be located in the least-visible area of each
Parcel. All Outdoor Storage areas and service yards must be visually screened from
streets and adjoining property by a continuous screen wall. No work in progress,
stored merchandise, inventory, or racks may extend above the height of the screen
wall. Placement and/or installation of temporary mini mobile, mini storage or cargo
container units will not be allowed. This requirement does not apply to construction
equipment or supplies needed for renovation work.
(2) All Outdoor Storage areas shall be completely fenced or enclosed and screened
from public view. The sight obscuring screen shall be at least six feet (6'), but not
greater than ten feet (10') in height, and shall be comprised of the materials described
in Section 11B 3-6 of this Chapter. One side of the Outdoor Storage area shall be used
for access into the storage area.
(3) All motor vehicles (other than passenger vehicles and vehicles offered for sale, if
permitted by the Title) and all equipment operated within Avimor are to be stored in
a screened Outdoor Storage area in accordance with Chapter 4 of this Title. All vehicle
service repairs, cleaning, and maintenance activities must be conducted within a
Building.
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e. Loading Areas:
(1) All loading and unloading are to be conducted in approved designated loading
areas. Loading areas are to be designed as integral parts of the facility and maintained
in a neat and clean manner so as to not detract from the appearance of the property.
Loading areas are to be located in the least-visible area of a Building. Rear-building
loading is preferred; however, side building loading may be allowed, provided the
loading areas are adequately screened.
(2) Loading will not be permitted on the street, in parking areas, in fire lanes, or at the
front of any Building in or in any area fronting on a public street.
(3) Loading areas (including, but not limited to, Loading Spaces, loading docks, and
service or maintenance areas) shall be screened from public view pursuant Section
11B 3-6 of this Chapter. In addition, loading areas that abut a residential district shall
attenuate noise associated with such use by providing a sound wall and/or berm with
screen plantings around the loading areas or at the property line abutting the
residential district.
11. Building Height/Mass:
a. Maximum building height is set forth in Tables 2.2 in Section 11B-2-4-F of this Title.
Buildings should be encouraged to vary their height to create visual interest, but not so
much to create proportional discontinuity. Features such as a terracing parapet, multiple
peaks, jogged ridge lines, dormers and gable ends are encouraged.
b. Balconies are encouraged on upper floors and over entry Porches to provide additional
visual interest, protection from elements, and opportunities for social interaction, street
life and added security.
c. Commercial buildings should be distinguishable by special architectural features. Clock
Towers, turrets, or similar elements may be used to create special landmark features.
d. Facade articulation shall be achieved by incorporating a combination (at least 3 or
more) of the following detail elements every fifty (50) feet in wall length on each Building
elevation:
(1) Changes in color, texture, and/or material;
(2) Projections, recesses, and reveals, expressing structural bays or other aspects of
the architecture with a minimum change of plane of twelve (12) inches;
(3) Windows and primary entrances; and
(4) Projections or breaks in the vertical rise of the building elevation.
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e. The facades of all multi-family dwelling Buildings shall be articulated by incorporating
three or more of the following, See 3.2 below:
(1) Balconies;
(2) Bay or box windows;
(3) Porches or articulated entries;
(4) Dormers;
(5) Variations in materials and/or colors;
(6) Variations in roof forms;
(7) Variation in window sizes and shapes;
(8) Vertical elements that demarcate Building modules; and
(9) Building masses are to be similar in form and of strong geometry.
Exhibit 3.2
C. Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian
lighting, bollards, public art, kiosks and furnishings. In areas anticipated to have higher
concentrations of pedestrian use wider sidewalks and a further varied number of amenities are
to be made available to enhance the pedestrian experience and to further encourage the health
of the community.
1. Streetscape Design:
a. The sidewalks in the Village Center are to be designed to accommodate many of the
Streetscape elements that are found in the public Right-of-Way. These include, but are
not limited to, street trees, landscaping, lights, street furniture, and kiosks;
i
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b. Sidewalks within the Village Center should be in the range of five to ten feet (5’ -10’) in
width or greater to accommodate larger volumes of pedestrians, increased activity and
pedestrian amenities such as street furniture and lights;
c. Pedestrian crossings should be constructed of a contrasting material including highly
contrasting color to provide high visibility for both motorists and pedestrians subject to
the Local Highway Departments approval; and
d. Site Furnishings should be located at key nodes where pedestrians are intended to
gather. This may include locations such as the forecourt of a Building, a pedestrian node
on the sidewalk (where space permits or a bump out location is located), and public
spaces for informal or spontaneous uses and programmed uses. Furthermore, all Site
Furnishings shall be approved by the Avimor Design Review Committee and the City of
Eagle.
2. Public Plaza/Patios:
a. Should provide an opportunity to accommodate a variety of landscape elements such
as a water feature, public art or an architectural feature;
b. May contain intimate sitting areas adjacent to retail or commercial Buildings and
sidewalks with views to and from the street. Opportunities to establish patios and plazas
that are integral to site development throughout the Village Center core should be
encouraged;
c. Provide shielded down-lighting of the patio and plaza areas to promote safety; and
d. Public spaces will be encouraged to include other pedestrian amenities such as drinking
fountains, bicycle racks, trash receptacles, etc. Grass areas, low walls and steps can be
used as alternate forms of seating.
11B-3-7 LANDSCAPE AND BUFFER AREA REQUIREMENTS:
A. Overview and Intent: The built landscape within Avimor will embrace the surrounding natural
landscape as the foundation for design. Preservation and integration of native vegetation and
materials is critical to preserving a sense of place. It also provides an opportunity to enhance
habitat and to create a seamless transition to the more urban environments which bind the
development together. This transition will occur in accordance with the following practices:
1. Preserve native vegetation and plants in all undisturbed areas;
2. Plant selection shall be from the preferred plant list, see Section 11B-3-7(W) of this
Chapter, appropriate to varied site locations and land uses;
3. When adjacent to undisturbed natural features, blend structures with the existing terrain
through landscape design and selection of plant material;
4. Use plant materials to reduce Building scale and mass to help integrate the structure into
its surroundings;
5. Protect areas disturbed by construction from erosion by revegetation as soon as possible
after completion of such activity as seasonal conditions allow;
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6. Climate conditions and Building orientation shall guide the type and location of trees and
shrubbery;
7. Water conservation and sustainability shall guide plant location and groupings, and
mulching shall be encouraged to preserve moisture in planting beds;
8. Mixed Use/Commercial planting may include deciduous trees of a minimum of a two (2”)
inch caliper in size and character to provide shading for pedestrians, roadways, and Buildings
during the summer, and conversely, to enable solar gain during winter months;
9. Windbreaks and buffering of noise and light will be considered in the design and placement
of trees and shrubbery;
10. Except for fire-defensible areas, undeveloped land and undisturbed Lot Areas shall not be
irrigated or landscaped, other than for enhancement or restoration of drought resistant
plants and grasses; and
11. Where appropriate, new landscaping should be less or nonpalatable to wildlife as outlined
in Section 11B 3-7 W, Plant Section Guide.
B. Landscape as Percent of Site:
1. Landscaping shall cover a minimum of fifteen percent (15%) of the property on multi-
family residential developments. Hardscape plaza areas, such as decorative concrete/paver
patios that are integrated into the design of the landscaped area, may be included in the
fifteen percent (15%) landscape coverage requirement.
2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area, may be included in the ten percent (10%)
landscape coverage requirement.
3. All landscape improvements required in this Section shall count toward fulfillment of the
above minimum percentages.
C. Retention, Removal, And Replacement Of Trees:
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 Existing Trees:
a. 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;
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 foot (6') tall coniferous
trees.
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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 " 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; and
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.
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.
D. Prohibited Materials And Landscaping:
1. No required landscape areas shall include artificial trees, plants, or any carpeting
designed as a vegetative substitute. Artificial turf may be used for nonrequired landscape
areas such as sports fields and putting greens.
2. Clear vision triangles shall be observed in regard to all vegetation. All shade trees planted
within vision triangles shall be pruned to a minimum seven feet (7') above the adjacent
sidewalk and fourteen feet (14') above the adjacent roadway surface whenever branches
overhang such improvements. Shrubs and ground covers planted within the vision triangle
shall not exceed three feet (3') height at maturity. The boundaries of the vision triangle shall
be shown on the landscape plans and are defined by measuring from the intersection of the
edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the
two (2) points with a straight line. In all cases, ITD and ACHD standards shall apply also.
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3. When the City determines that a sight obstruction exists, it shall notify the owner of the
property upon which the obstruction is located and order that the obstruction b removed
within fifteen (15) days.
E. Installation and Minimum Standards:
1. Soil and slope stabilization must result after landscape installation. Soil and slope
stabilization measures shall comply with those contained in the Avimor Grading Guidelines
and Hillside Development Standards. Manufactured slopes shall be revegetated within the
first planting season following completion of construction.
2. Revegetation of slopes and other areas intended to reestablish native vegetation shall
use a site-specific upland revegetation seed mix.
3. Class I, II and III trees planted within the right of way shall meet the applicable highway
departments standards.
4. Only class I trees may be planted under or within ten feet (10') of any overhead line.
5. Conifers are prohibited as a street tree, unless approved by the applicable highway
department, but are allowed outside the right of way and vision triangle.
6. Trees of any type shall not be planted within ten feet (10') of any streetlight, storm drain
facility, drain inlet, structure of piping system, seepage bed, fire hydrant or utility box.
7. The minimum acceptable size for deciduous trees shall be two-inch (2") caliper, balled
and burlapped.
8. The minimum acceptable size for evergreen trees shall be six feet to seven feet (6' - 7')
balled and burlapped.
9. A maximum of fifty percent (50%) of the required shrubs in a project shall be one gallon.
10. A minimum of fifty percent (50%) of the required shrubs in a project shall be five (5)
gallon or larger.
11. Hydroseeding of plant material may be used in conjunction with container plants
(shrubs, vines and ground covers) or by itself for revegetating disturbed areas.
13. Plant material selection shall be taken from the plant list in Section 11B 3-7 W of this
Chapter.
14. Certification Of Completion: Upon the completion of the landscape installation, or other
improvement subject to design review approval, a written certification of completion shall
be prepared by the licensed landscape architect responsible for the landscape plan. The
certification of completion shall state that the installation of all landscape improvements is
in substantial compliance with the City approved landscape plan. This certification shall be
submitted prior to the issuance of a certificate of occupancy and is required as a part of,
and not in lieu of, the inspections performed and certificates issued by the City.
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a. Report Of Deficiencies: In the event that deficiencies are present after the landscape
installation, or other improvements subject to design review approval, the licensed
landscape architect shall prepare and file with the City a report noting the deficiencies in
the improvements. The City will not accept a certification of completion, or issue a
certificate of occupancy, until the licensed landscape architect has verified that the
deficiencies have been corrected.
b. Landscape Architect Designee: The licensed landscape architect may, at his or her
discretion, appoint an authorized designee to certify the project provided that the
designee is a licensed landscape architect.
F. Maintenance:
1. All required landscapes shall be permanently maintained in a healthy growing condition by
the property owner or property owner’s representative. This includes the maintenance of
street trees and/or other landscape materials within or abutting the public right of way
adjacent to the subject property. The property owner or property owner's representative
shall remove, and if required to meet the standards of these requirements, shall replace any
unhealthy or dead plant material immediately or as the planting season permits. In all cases,
maintenance and planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
2. All plant materials shall be pruned, trimmed, watered, and otherwise maintained to create
an attractive appearance and a healthy growing condition. No trees shall be severely pruned
or topped.
3. Dead, diseased, stolen, or vandalized plant materials shall be replaced by the next planting
season.
4. Property owners shall keep landscaped areas free of weeds and trash.
5. Stolen, vandalized, or otherwise damaged fences and /or walls shall be replaced
immediately. Fences and/or walls shall be maintained to create an attractive.
6. An initial and long-term monitoring and maintenance plan shall be developed prior to
preliminary platting by the Master Developer and implemented by the property owner for
native revegetated areas and undisturbed areas within the Avimor Habitat Management Plan
(AHMP), as identified in the habitat mitigation plan, to gauge the success of revegetation
efforts. A noxious weed control plan was developed as part of the habitat mitigation plan and
will be implemented by the property owner to reduce and control invasive and noxious weeds
within the AHMP.
a. Avimor shall recognize the established populations of Idaho State Listed Noxious
Weeds within the development area.
b. All Noxious Weeds and Invasive Plants shall be controlled in such a manner as outlined
in the Avimor Habitat Management Plan.
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G. Completion Time:
1. The Administrator may authorize a delay in the completion of planting 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.
H. Irrigation Required:
1. All required landscaped areas must be provided with an automatic underground
irrigation system.
2. The system shall be equipped with a reduced pressure backflow prevention device, if
required by any applicable agency or if irrigation is provided by a potable water system.
3. The system shall be designed and constructed to provide one hundred percent (100%)
spray coverage for sod areas. Plant and tree areas shall be required to have drip irrigation.
4. Wherever feasible, sprinkler heads irrigating lawn or other high-water demand landscape
areas shall be circuited so that they are on a separate zone or zones from those irrigating
trees, shrubbery or other reduced water demand areas.
5. Sprinkler heads shall be placed as required to reduce direct overthrow onto nonpervious
areas (walks, drives, etc.).
6. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of
wind velocity on the spray system.
7. Use of nonpotable water for use in the irrigation of lawn and plant material is required
when determined to be available.
8. All nonpotable water access points shall be clearly and permanently labeled with
markers indicating that the water is not safe for human consumption.
9. Maintain all irrigation systems to ensure proper operation and water conservation.
I. Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a Convenience
Store, or a high-volume roadway and residential dwellings;
2. Minimum Requirements:
a. When a nonresidential use abuts a residential use, a ten-foot wide by six foot high
(10' x 6') landscaped buffer is required;
b. When a nonresidential Parking Lot abuts a residential activity, a five foot wide by six
foot high (5' x 6') landscaped buffer is required; and
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c. To conceal Outdoor Storage areas, trash receptacles, exposed equipment associated
with any commercial or industrial activity, and Off-Street Loading when adjacent to or in
view from a residential activity or public street right of way, a five-foot wide by six foot
high (5' x 6') landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise
a minimum of thirty percent (30%) of the total plant material used;
b. Height requirements of a minimum of three (3’) shall be accomplished with plant
material, with a fence, or decorative wall;
c. The required buffer area shall result in an effective barrier within three (3) years and
be maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it;
d. All landscape buffers that are adjacent to Natural Open Space shall be reseeded back
to their natural state and shall not be required to have irrigated landscaping; and
e. Cedar fencing is prohibited for screening.
J. General Landscaping Guidelines:
1. Professional landscape design: Landscaping plans must be prepared by and stamped by
Licensed landscape architect registered in the State of Idaho.
2. Plantings to emphasize entries: Landscaping should be used to emphasize Building entries.
3. Plantings to screen unattractive areas: Landscaping such as walls, berms, plantings, and
innovative site design will be required to screen unattractive site features or uses from public
view. Areas of concern include, but are not limited to: service areas, roll-up doors, refuse
collection areas, and vehicle storage areas.
4. Landscaping clearance: Landscaping shall have a seven foot (7') minimum clearance from
fire equipment in all directions to new landscaping and a thirteen foot six inch (13'-6") vertical
clearance from tree canopy.
K. Landscaping Materials:
1. Materials not listed in this Section or the preferred plant list in Section 11B 3-7 W of this
Chapter, may be considered, but are subject to approval by the City.
2. Common Lots: Residential: The following are appropriate materials to be utilized for
residential Common Lot landscaping:
a. Lawn, either seed or sod;
b. A minimum of one deciduous shade tree per two thousand (2,000) s.f.;
c. Artificial turf;
d. Rock mulch, bark or other similar materials;
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e. Shrubs;
f. Ground cover; or
g. Plants listed in the preferred plant list.
3. Common Lots: Commercial:
a. Lawn, either seed or sod;
b. A minimum of one deciduous shade tree per two thousand (2,000) s.f.;
c. Rock mulch, bark or other similar materials;
d. Shrubs;
e. Ground cover; or
f. Plants listed in the preferred plant list.
4. For design flexibility, half of the required shade trees may be substituted on a two to one
(2:1) basis with ornamental and evergreen trees.
5. Buffer areas should include a variety of species, arranged to create varied and attractive
views. Open fences, decorative walls, and berms may be used. Height changes, offset angles,
different materials, and other design techniques are required so as to create variety.
L. Streetscapes: The following standards shall apply to Avimor internal and perimeter roadways
as shown. In all cases, any planting within public rights of way shall be with approval from the
public entity owning the property. (The rights of way widths and pavement areas in the Sections
below are shown for illustrative purposes only. Actual rights of way widths and lane
configurations will be determined by the Local Highway Department as appropriate.)
1. Foothills Arterial Streets:
a. The landscape buffer for Foothills Principal Arterials shall be twenty feet (20’) minimum
except adjacent to single family residential uses where it shall be thirty feet (30’)
minimum. See Exhibit 3.3 and 3.4 for example;
b. The landscape buffer for Foothills Minor Arterials shall be ten feet (10’) minimum
except adjacent to single family residential uses where it shall be fifteenfeet (15’)
minimum. See Exhibit 3.3 and 3.4 for example;
c. A detached sidewalk shall be provided on both sides of the street at least eight feet (8’)
from the back of curb. The sidewalk shall be a minimum of eight feet (8’) wide and may
or may not meander depending on the Streetscape approved by the City with the
preliminary plat. Sidewalks may be attached to the curb in front of bus pullouts but shall
be six feet (6’) minimum width in such locations. An eight-foot (8’) wide multi-use
pathway on one side of the road, in lieu of sidewalks, may be implemented;
d. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape.
These areas shall be reseeded back to their natural state; and
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e. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along arterial streets:
(1). One (1) tree per eighty (80) linear feet of street frontage on each side of the street
except next to single-family residential uses where there shall be one (1) tree per sixty
(60) linear feet.
(2) One (1) shrub/ground cover per one hundred (100) s.f. of buffer area (excluding
sidewalks, drives and other Hardscape areas). Turf may be used in place of
shrubs/ground covers, but the amount used shall not exceed twenty-five percent
(25%) of the landscape area on a plat by plat or phase by phase basis.
Exhibit 3.3
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Exhibit 3.4
2. Collector Streets:
a. The landscape buffer for collector streets shall be eight feet (8’) minimum See Exhibit
3.5 for example;
b. A detached sidewalk shall be provided on both sides of the street at least five feet (5’)
from the back of curb. The sidewalk shall be a minimum of five feet (5’) wide and may or
may not meander depending on the Streetscape concept shown on the preliminary plat.
Sidewalks may be attached to the curb in front of bus pullouts, drop-off areas, On Street
Parking areas, and similar circumstances as approved by Local Highway Department and
the City but shall be six feet (6’) minimum width in such locations. One (1) eight foot (8’)
wide pathway is allowed, in lieu of sidewalks, on either side of the road;
c. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape.
These areas shall be reseeded back to their natural state; and
d. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along collector streets:
(1) One (1) tree per eighty (80) linear feet of street frontage on each side of the street,
except next to single-family residential uses where there shall be one (1) tree per sixty
(60) linear feet.
(2) One (1) shrub/ground cover per one hundred (100) s.f. of buffer area (excluding
sidewalks, drives and other Hardscape areas). Turf may be used in place of
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shrubs/ground covers, but the amount used shall not exceed twenty-five percent
(25%) of the landscape area on a plat by plat or phase by phase basis.
Exhibit 3.5
3. Urban Streets:
a. Urban streets may be arterials, collectors or local streets, or stretches thereof, which
are located in the VC Land Use District and the HMU, MU, CC and NC Sub-Use Districts;
b. Urban streets shall have an attached or detached sidewalk on both sides of the street.
The sidewalk shall be a minimum of nine feet (9’) wide if attached and a minimum of five
feet (5’) wide with a minimum five-foot (5’) landscape buffer if detached. One eight foot
(8’) pathway may be implemented in lieu of sidewalks on either side of the road;
c. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape.
These areas shall be reseeded back to their natural state;
d. Trees may be planted in planter beds, tree grates or silva cells;
e. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along urban streets:
(1) One (1) tree per sixty (60) linear feet of street frontage (excluding driveways) on
each side of the street. For urban streets with center planted medians, a total of one
(1) tree per forty (40) linear feet of roadway.
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Exhibit 3.6
4. Local Residential Streets:
a. There shall be a minimum five-foot (5’) wide landscape buffer for local residential
streets were detached sidewalks are located. Trees shall not be planted in landscape
buffers unless the buffer is a minimum six feet (6’) wide. Trees planted in landscape
buffers at six feet (6’) in width require root barriers to be installed. No root barrier is
required when the landscaped buffer exceeds eight feet (8’) in width. The minimum
Setback for local streets (both public and private) in multi-family residential uses shall
correspond to the Setbacks identified in Chapter 2, Land Use Standards, Table 2.2;
b. An attached or detached sidewalk shall be provided on both sides of the roadway,
unless the City waives the requirement per the below conditions, as shown on example
Exhibit 3.7 below;
c. The sidewalk shall be a minimum of five feet (5’) wide and may or may not meander
depending on the Streetscape concept. The sidewalk requirement may be waived as part
of the preliminary plat approval in one of the following conditions;
(1) A single-loaded street adjacent to a slope (sidewalk shall be required on the loaded
side only);
(2) A double-loaded street in a hillside area where topographic constraints allow
sidewalk on one side of the street only to minimize grading;
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(3) A Single Family Special Lot (SFSL) neighborhood Plat as detailed in Section 11B 2-5
of this Title (sidewalk shall be required on at least one side of the street);
(4) Low Density (one (1) acre and larger Lots) neighborhoods (sidewalk requirement
may be waived entirely where a striped four-foot (4’) wide shoulder is provided); and
(5) One eight-foot (8’) pathway is allowed in lieu of sidewalks on either side of the
road.
d. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape.
These areas shall be reseeded back to their natural state.
e. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along local streets:
(1) One (1) shade class (class II or class III) selected from the approved tree list in 11B-
3-7 W of this Section shall be located on all streets with a landscape strip between the
sidewalk and the curb. If the sidewalk is attached, then the tree shall be planted a
minimum five feet (5') in back of the sidewalk. Trees shall be planted at the front of
each Lot generally located on each side of the Lot line corner with the distance
between trees to be a minimum of thirty-five feet (35') and a maximum of eighty feet
(80') of street frontage.
Exhibit 3.7
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5. Foothills Collector:
a. No landscape buffers are required.
b. The Setbacks from a for Foothills Collector Street section shall be twenty feet (20’)
minimum except adjacent to single-family residential uses where the minimum Setback
shall be forty-five feet (45’). See Exhibit 3.8.
Exhibit 3.8
6. State Highway 55: The required Setback from Highway 55 shall be twenty-five feet (25’)
with a ten foot (10’) high berm to residential uses; and twenty feet (20’) Setback to
commercial uses.
M. Wildlife Crossings: Wildlife crossings, if any, identified in the Habitat Management Plan shall
be avoided.
N. Wetland/Riparian Areas: Landscaping of wetland and riparian areas shall be in compliance
with the Avimor Wildlife Habitat Plan and as directed by the Conservation Director.
O. Slope Revegetation for Naturalized Areas: Slope revegetation shall follow the criteria set forth
in the Avimor Grading Guidelines and Hillside Development Standards.
P. Parking Lot Landscape:
1. Visual Impact: Landscape shall be provided to minimize the visual impact of off-street
parking: Walls, fences, hedges, berms, and landscape may be used to screen parking areas
(Cedar fencing shall not be permitted). In the design of large parking areas, arrange bays of
Parking Spaces to be separated by landscape.
2. Perimeter Parking Lot Landscaping Standards:
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a. Definition: Perimeter Parking Lot landscaping shall include all landscape areas between
the outside the perimeter of the Parking Lot and the public street Right-of-Way.
b. Applicability: Perimeter Parking Lot Landscaping shall be provided when a Parking Lot
is located adjacent to a public streets or rights of way. The perimeter Parking Lot
landscaping shall serve to shield views of parked cars to passing motorists and
pedestrians, and to establish coordination among architecturally diverse Buildings, which
creates a pleasing, harmonious appearance along the roadway.
c. Landscape Area: Four (4) options are provided for fulfilling Perimeter Parking Lot
Landscaping requirement as shown on exhibit 3.9 of this Section:
(1) Provide a ten-foot (10') wide landscaped strip between the property line/Right-of-
Way and the Parking Lot, and plant with a minimum of one (1) shade tree and five (5)
shrubs per thirty-five (35) linear feet of frontage, excluding driveway openings;
(2) Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1
slope) within a ten-foot (10') wide landscaped strip between the property line/Right-
of-Way and the Parking Lot, and plant with a minimum of one (1) shade tree and five
(5) shrubs per thirty-five (35) linear feet of frontage, excluding driveway openings;
(3) Provide a six-foot (6') landscaped strip with a minimum thirty-inch (30") grade drop
from the property line to the Parking Lot, and plant with a minimum of one (1) shade
tree and five (5) shrubs per thirty-five (35) linear feet of frontage, excluding driveway
openings. Root barriers shall be required for all trees planted within a six (6’) foot
planter next to a sidewalk and paved parking area; and
(4) Provide a six-foot (6') wide landscaped strip between the property line and the
Parking Lot and plant a minimum of one (1) shade tree and five (5) shrubs per thirty-
five (35) linear feet of frontage, excluding driveway openings. Root barriers shall be
required for all trees planted within a six (6’) foot planter next to a sidewalk and paved
parking area.
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EXHIBIT 3.9
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3. Interior Parking Lot Landscaping Standards:
a. Definition: Interior Parking Lot landscaping shall be the area inside of the perimeter of
the Parking Lot not including access driveways and adjacent sidewalks; but shall include
perimeter landscape buffers and internal landscaped storm-water areas;
b. Applicability: The Parking Lot interior landscaping requirements apply to new, private
off-street Parking Lots of ten (10) spaces or more and to existing lots which are expanded
by more than twenty-five percent (25%) of existing spaces to contain more than fifteen
(15) spaces;
c. Exceptions: Interior Parking Lot Landscaping Standards do not apply to Storage Yards
and Nurseries;
d. Perimeter Landscaping Credit: Perimeter landscaping in excess of the dimensions
required for screening may be credited towards meeting the interior landscaping
standards on a square-foot-per-square-foot basis;
e. Minimum Landscape Requirements:
f. Interior landscape shall consist of an evenly distributed mix of shade trees with shrubs
and/or ground cover plants placed in planter area islands. At a minimum, one (1) tree and
five (5) shrubs or ground covers per twelve (12) Parking Spaces shall be planted. Trees
within four feet of curb or sidewalks shall be class II, canopy trees.
g. Planter Area Island Layout configuration options are shown as example 3.10 below
Total Number of Parking
Spaces
Percent of Total Interior Parking Lot Landscaping
10 - 20 5 percent
21 - 50 8 percent
51+ 10 percent
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EXHIBIT 3.10
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Q. Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all nonresidential Building development and
roads classified as a local street to lend continuity among different architectural styles,
screen unsightly views, establish a pleasing view for motorists, and create a safe and
pleasant corridor for pedestrians.
a. The landscaped strip shall be tenfeet (10') wide minimum and planted with one (1)
shade tree and ten (10) shrubs for every thirty-five feet (35') of street frontage. Two (2)
ornamental or two (2) evergreen trees may be substituted for one shade tree.
R. Wildfire Protection: The North Foothills are prone to wildfires. Landscape design shall be
reviewed and approved by the applicable fire districts for consistency with the Avimor wildfire
management plan approved by the Eagle fire district.
S. Incentives:
1. The Administrator may reduce the site parking requirements by up to five percent (5%) of
the required number of spaces if the proposed landscape plan incorporates the retention of
existing significant trees, particularly in the interior of the site.
2. The Administrator may reduce the site parking requirements by up to five percent (5%) of
the required number of spaces if the proposed landscaping exceeds the requirements of
these guidelines by fifteen percent (15%) or more.
3. The Administrator may reduce technical standards of Parking Lot design where paving
requirements conflict with the retention of significant trees.
T. Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this Chapter.
Requests for use of alternative landscaping schemes are justified only when one or more of
the following conditions apply:
a. The sites involve space limitations or unusually shaped Parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the City with
a written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this Chapter is to be modified.
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3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle City tree fund in lieu of retaining all trees on site. If the application
is approved, the amount to be contributed by the applicant will be based upon the total
caliper inches of deciduous tree(s) removed from the site and the total vertical feet of
coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per
vertical foot for coniferous trees shall be determined by resolution of the City Council. The
applicant shall have the right to review and consider the value determination, and following
said review, to reapply for other alternative methods of compliance.
U. Plan Preparation: Preparing a landscape plan requires special skills. Landscape design involves
more than a simple arrangement of plants with irrigation; plants are not haphazardly placed in a
way that fills up leftover space. Landscape plans should reflect a theme so that site elements are
artfully and technically organized in a way that conveys meaning, coherence, and spatial
organization. Landscape should enhance the physical environment as well as the project's
aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared
by or under the responsible control of a licensed landscape architect with said plans to be duly
stamped to clearly identify the preparer.
V. Grading and Drainage:
1. Drainage control: Site grading should control drainage. Grading should also be designed to
screen parking areas, service areas, or other visually unattractive areas.
2. Storm Water Basins: Landscaped areas may be used for Storm Water Basins to retain
and/or detain stormwater. Basins must be designed to retain and/or detain all water resulting
from a 1% Annual Chance Flood, one-hour storm event and limit discharge to pre
development discharge rates. The overall stormwater basins must also be designed so as not
to cause damage to landscaping or other improvements. The maximum depth of a Storm
Water Basin exposed to direct public view is four feet (4’) in depth without a safety bench.
For deeper ponds a ten foot (10’) wide safety bench will be required to be added with top of
bench at six inches (6”) below design normal surface elevation. Slopes above the bench shall
not be steeper than three to one (3:1). If a wet pond is designed as the Storm Water Basin
than slopes below the bench shall not exceed two to one (2:1). Where space is limited,
retaining walls may be used. Such walls must complement the Building architecture. Storm
Water Basin design must comply with the Local Highway Department design standards.
3. Runoff: Owners/occupants may not allow runoff from their Parcel to drain onto adjacent
Parcels, except through common drainage easements areas.
4. Grading and Building access: Site grading may not block access to the site, internal vehicular
circulation, and existing structures.
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W. Plant Selection Guide:
1. This list is the preferred planting list for Avimor. Other plant species and varieties may be
considered with an alternative form of compliance if approved by the Avimor Design Review
Committee and the City Design Review, as appropriate, if the plant is a street tree or is located
within the public Right-of-Way. Additions to the below plant selection guide can be approved
by the Administrator.
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PREFERRED PLANT MATERIALS
Deciduous Canopy
Trees (Large class
II and class III)
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Bigtooth Maple Acer
grandidentatum
45'x25'
X X X Broad, rounded,
multi-stemmed,
long-lived
Norway Maple Acer platinoides 55'x50' X Deborah
Sugar Maple Acer saccharum 70'x60'
X X Green
Mountain
Not as drought
tolerant as other
maples
Ginkgo Ginkgo biloba 60'x50' Autumn
Gold
Littleleaf Linden
Tillia cordata
60'x40'
X
Greenspire
More drought
and heat
tolerant than
other Tillia
species
American
Sweetgum
Liquidamber
styraciflua
60'x50' X Moraine Seed ball litter
Black Cottonwood Populus
trichocarpa
100'x75'
X X X Weak wood,
best in natural
areas
Autumn Blaze
Maple
Acer x freemanii
'Jeffsred'
50'x40' X X Not allowed in
ROWs
London Planetree Platnaus
acerifolia
100'x80' X X Bloodgood
Red Alder Alnus rubra 50'x30'
X X Not always
available in a
Nursery
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
River Birch Betula nigra 45'x30' X X Heritage Attractive bark
texture
European
Hornbeam
Carpinus
betulus
40'x30' X X Fastigiata
Common
Hackberry
Celtis
occidentalis
50'x50' X X Drought tolerant
and clean
Net Leaf
Hackberry
X X
Green Ash Fraxinus
pennsylvanica
55'x50'
X X X
Solid street tree,
yellow fall color,
watch for borers
Thornless Honey
Locust
Gleditsia
triacanthos
55'x50'
X X X
Seedless
male
cultivars
Moraine
Northern
Aedaim
Perfeetion
Starburst
Quaking Aspen Populus
tremuloides
50'x20' X X Best around
swales
Callery Pear Pyrus calleryana
“Aristocrat”
30'x25'
X X
Aristrocrat,
Non-invasive
cultivars only
Swamp White Oak Quercus bicolor 60'x60' X
Red Oak Quercus rubra 60'x40'
X X
Rapid grower,
nice fall color,
can hold leaves
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’x W’ firewise Regionally
Native
Deer
Resistant Xeric Varieties Character
Burr Oak Quercus
macrocarpa
80'x80' X X X
Evergreen Trees
Hostemanns
Silberlocke Korean
Fir
Abies koreana
'Horstmanns
SilberLocke'
Rocky Mountain
Juniper
Juniperus
scopulorum
30'x15' X X X Skyline,
Rocket
Norway Spruce Picea abies 80'x35' X X
Cuppresina,
Hoopsii,
Glauca
Requires more
water than other
evergreens
Blue Spruce
(Compact or
Dwarf)
Picea pungens 30'x15' X X Hoopsii, Fat
Albert,
Kosteri
Bristlecone Pine Pinus arista 20'x20' X X Long lived open
canopy tree
Pinyon Pine Pinus edulis 25'x25'
X X
Slow grower but
nice form for
residential Lots
Vanderwolf Pine Pinus flexilus
'Vanderwolf'
25'x12' X X
Upright,
green/blue
needles
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Oregon Green
Austrian Pine
Pinus nigra
'Oregon Green'
20'x15'
X X
Rich green with
large pipe
cleaners and
open form
Douglas Fir Pseudotsuga
menziesii
100'x30' X X
Ponderosa Pine Pinus
ponderosa
100'x50'
X X X
Best in large
spaces and
natural riparian
areas.
Ornamental Trees
(Small, class I)
Vine Maple Acer circinatum 20'x20' X X
Amur Maple Acer ginnala 20'x20' X X X Flame Good color
Serviceberry Amelanchier
grandiflora
20'x15'
X X
Autumn
Brilliance,
Robinhill,
Cumulus
Eastern Redbud
Cercis
canadensis
25'x20'
X
X
Forest
Pansy,
Lavender
Twist
Covered in pink
in early spring,
good fall color
Flowering
Dogwood
Cornus Florida 25'x20' X X Showy flowers
(bracts)
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
*Hawthorn Crataegus sp, 20'x20'
X X X X
Thornless,
Douglas,
Washington
Fruit for birds,
screen
Flowering
Crabapple
Malus sp. 20'x20'
X X X
Donald
Wyman,
Prairie Fire,
Spring
Snow
Cherry Prunus Sp.
Chokecherry Prunus
virginiana
25'x15'
X X X
Canada
Red,
Schubert
Will sucker, useful for
birds and wildlife
Rocky Mountain
Maple
Acer glabrum 20'x15'
X X
Usually, multi-
stemmed and so
often considered
a large shrub
Paperbark Maple Acer griseum 30'x25' X
Large Deciduous
Shrubs
Western
Serviceberry
Amelanchier
alnifolia
12'x6' X X X
Curl-leaf Mountain
Mahogany
Cercocarpus
ledifolius
10'x6' X X X X
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Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Purple Smoketree Cotinus
coggyria
12'x12'
X
Witchhazel Hamamelis
virginiana
20'x20'
X
Pallida,
Arnold
Promise,
Jelena
Shade tolerant
understory
plant. Winter
bloom
Ninebark Physocarpus
malvaceus
8'x6'
X X X
Diablo,
Little devil,
Coppertina
Bird habitat
Staghorn Sumac Rhus typhina 25'x25'
X X
Bailtiger Good fall color,
naturalizer,
spreads and
colonizes
Willow Salix sp 10'x10'
X
Hakuro
Nishiki,
Flame,
Dwarf
Arctic
Elderberry Sambucus nigra 8'x8'
X X Black Lace,
Black
Beauty
Habitat, bold
texture
Silver Buffaloberry Shepherdia
argentea
8'x6'
X X X X
Thorns and good
bird habitat.
Olive colored
leaves
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Cascade
Mountain-Ash
Sorbus
scopulina
X X
Common Lilac Syringa vulgaris 8'x7' X X X Sensation, Pres
Greevy, Miss Kim Aromatic in
spring
Viburnum Viburnum sp. X X
Medium D. Shrubs
Black Chokeberry Aronia
melanocarpa
8'x7'
X X X
Autumn
Magic
Upright with
good fall color,
Colonizer
Fourwing Salt
Bush
Atriplex
canescens
6'x6' X X X
Flowering Quince Chaenomeles
japonica
4'x5' X X Texas
Scarlet
Early spring
bloom
Rabbitbrush Ericameria 4'x4' X X X Naturalizer
Red-osier
Dogwood
Cornus sericea 7'x7'
X X X X
Flaviamea,
Bailey,
variegata
Red twigs for
winter interest
Witchalder Fothergilla
major
5'x5' X X Blue
Shadow
Hibiscus Hibiscus sp. 6'x5'
Often upright,
colorfully
flowered
screening plants
Russian Sage Perovksia
atriplicifolia
5'x4' X X X Reseeds
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Mockorange Philadelphus
lewisii
7'x6' X X X Fragrant Flowers
Cinquefoil Potentilla
fruticosa
X X X Bright yellow
flowers,
Buckthorn Rhamnus sp. 12'x4' X X Fineline,
Tallhedge
Glossy green
columnar shrubs
*Currant Bush Ribes sp. 6'x6' X X X X Edible berries,
hardy
Shrub Rose Rosa sp. 5'x5'
X X
Nearly
Wild,
Knockout
4-6' high rose for
massing,
Spirea Spirea sp. 4'x4' X X X X
Common
Snowberry
Symphoricarpos
albus
4'x4' X X X X
Dwarf Cranberry
Viburnum
Viburnum
opulus 'Nanum'
5'x5'
X X X
Medium scale
shrub, great
year-round
interest
Yucca Yucca
fillamentosa
3'x3'
X X
Excellent for
arid, sunny,
exposed slopes
Evergreen Shrubs
Blue Cloak Fir Abies concolor
'Blue Cloak'
8'x3' Dwarf tree form
Boxwood Buxus sp. 3'x3' X X
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Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Oregon Grape Mahonia
aquifolium
5'x5'
X X X X
Evergreen,
reddish in fall,
yellow flowers,
fruit
Dwarf Norway
Spruce
Picea abies
Dwarf
4'x6'
X
Pumila,
Little Gem,
Pusch,
Pendula
Dwarf Mugo Pine Pinus mugo 5'x5' X X Pumila,
Sherwood
Cherry Laurel Prunus
laurocerasus
6'x5' X X Schipka Young plants
winter burn
Rhododendron Rhododendron
sp.
4'x5' X X Good courtyard.
Part-shade shrub
Carol Mackie
Daphne
Daphne x
burkwoodii
3'x4'
X X X
Fragrant,
protect from
winter winds
Holly
Ilex sp. 3'x3' X X Little Rascal Male, best in
evening shade
Small Shrubs
*Wormwood Artemisia sp. 2'x3'
X X X X
Silvery to blue
green foliage,
aromatic
Barberry Berberis sp. 3'x3' X X X
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Summer Sweet Clethra sp.
X
Pumila,
Little Gem,
Pusch,
pendula
Winter Heath and
Heathers
Erica sp. 2'x2' X X Kramer's
Red
Later winter
flowering
Forsythia Forsythia sp. 3'x4'
X X X
Gold Tide
and Gold
Peep
Dwarf early
spring flowering
Sweetspire Itea virginica 3'x3'
X X Little Henry Great fall color.
Unique white
flowers
English Lavender Lavandula
angustifolia
3'x3'
X X X
Munstead
and
Hidcote
Reseeds
Growlow Sumac Rhus aromatica
"gro Low'
2.5'x4' X X X Good fall color.
Easy care
Desert Sage Salvia dorrii 3'x4' X Not allows
available
Weigela Weigela sp. 4'x4'
X X My Monet,
Wine and
Roses
Perennials Forbs
*Yarrow Achillea sp. 2'x1.5' X X X X
Sea Thrift
Armeria
maritima
6"x10" X X Ballerina
Lilac
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Fall Aster Aster dumosus 2'x2'
X
Wood
Purple,
Winston
Churchill,
Prof Kipp
Bellflower Campanula sp. .5'x2' X X Blue Clips,
Serbian
Long blooming
Tickseed Coreopsis sp. 2'x2'
X X X
Full Moon,
Little
Sundial,
Zagreb
Long blooming
Coneflower Echineachea
purpurea
2.5'x1.5' X X X
Self seeding
spreader, long
blooming
Sulfur Buckwheat Eriogonum
umbellatum
.5'x1.5' X X Red orange
winter foliage
*Blanket Flower Gaillardia
aristata
1'x1'
X X X X
Arizona
Sun,
Oranges
and
Lemons
Long blooming
Gaura Gaura sp. 2'x2'
X X
Crimson
Butterflies,
Siskiyou
Pink
Long blooming
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Geranium Geranium sp. 2'x3'
X
Biokova,
Crystal
Rose, New
Hampshire
Long blooming
Prairie Smoke Geum triflorum 1'x1'
X X X X
Flora plena,
Daylily Hermerocallis
sp.
2'x2'
X X X
Little
Business,
Happy
Returns,
Primal
Scream
Adaptable, long-
blooming, self-
propagates
Hosta Hosta sp. 2'x2'
X
Stained
Glass,
Elegans,
June
Shade tolerant
*Coralbells Huechera sp. 1.5'x1.5'
X X X Green
Spice, Lime
Rickey
Long blooming
Daisy Leucanthemum
vulgare
2'x1' X X X Becky, Real
Neat
Long Blooming
*Blazing Star Liatris sp. 1.5'x1' X X X X Kobold
Lewis Blue Flax Linum lewisii 2'x1.5'
X X X X
Self seeding
spreader, long
blooming
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Avimor Zoning Ordinance
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
Tufted Evening-
Primrose
Oenothera
caespitosa
.5'x2' X X X
*Penstemon var Penstemon sp. 1.5'x1.5'
X X X X
Red Rocks, Pine
Leaf, Pikes Peak
Purple, Rocky Mt.
Attracts
hummingbirds
Russian Sage Perovskia
atriplicifolia
3'x3' X X
Little Spire Pairs well with
lime green
foliage
Coneflower Rudbeckia hirta 2'x1.5' X X X Long Blooming
May Night Sage Salvia
nemorosa 'May
Night'
2'x2'
X X X
Compliments
Dianthus
*Globemallow Sphaeralcea sp. 2.5'x2.5'
X X X
Unique color
with Russian
Sage
Spiderwort Traedescantia
sp.
1.5'x1.5' X X X Long Blooming
Groundcovers
Bearberry Arctostaphylos
uva-ursi
.5'x3'
X X X X
Fine textured,
year-round
interest Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
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Avimor Zoning Ordinance
Aubrieta Aubrieta
deltoidea
.5'x1.5'
X X
Purple
Cascade
Evergreen but
dry looking in
summer. Early
blooming and
long blooming
Wine Cups Poppy
Mallow
Callirhoe
involucrata
.5’x6’
X
Pink blooms for
long period.
Prune in Fall
Eichholz
Cotoneaster
Cotoneatester
dammeri
“eichholz’
.5’x10’
X X X
Ice Plant Delosperma sp .5’x X X Long blooming
Maiden Pink Dianthus sp. 1’x1.5’
X X X
Tiny Rubies,
Firewitch,
Neon Star
Long blooming
*Strawberry Fragaria sp. .5x1’ X X Fast spreading,
available Spring
Candytuft Little
Gem
Iberis
sempervirens
1’x1’
X X X
Evergreen
foliage. Good to
cut biannually
Creeping Oregon
Grape
Mahonia repens 1’x4’ X X X
naturalized
semi-sun
locations
Creeping Phlox
Phlox subulata .5’x3’ X X X Pink, Blue, White many evergreen varieties
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
96 | Page
Avimor Zoning Ordinance
Sedum varieties Sedum sp. .5’x2’
X X
Vera
Jameson,
Autumn Joy
Creeping Thyme Thymus praecox .5’x3’ X X X Fast spreading
Speedwell Veronica sp. .5’x3’
X X Wooly Blue, Attracts
butterflies
Periwinkle Vinca minor .5’x3’ X X X Bowles Tolerates many
conditions
Grasses/Sedges
Feather Reed
Grass
Calamagrostis x
acutiflora
5’x2’ X X
Karl
Foerster,
Overdam,
Tight upright
form.
Japanese Sedge Carex morrowii 1.5’x1.5’
X
Ice Dance,
Evergold,
Gold Band,
Silver
Septre
Good for partial
shade areas and
courtyards
Blue Bunchgrass Festuca
idahoensis
1.5’x1.5’ X X Elijah,
Siskiyou
Blue Oat Grass Helictotrichon
sempervirens
2’x2’
X X
Silvery-blue,
open-bladed,
homogeneous
texture
Maiden Grass Miscanthus sp. 4’x4’ Cut to the
ground in late
Winter
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Avimor Zoning Ordinance
Fountain Grass Pennisetum
alopecuroides
2’x2’ X X
Little
Bunny,
Hemlyn
Fountain-like
texture, year-
round interest
Little Bluestem Schizachyrium
scoparium
2.5’x2’
X X
The Blues Upright. Foliage
color changes
throughout the
season
Vines
Trumpet Creeper Campsis
radicans
18'x1.5'
X X X
Fast growing,
long blooms, self
clinging
Grape Vine Vitis sp. X
Clemitis sp. 12'x2'
X X X
Jackmanii,
Henryii
Long blooming
last spring-fall,
works as a
groundcover
*Honeysuckle
vine
Lonicera sp. 12'x2'
X X
Major
Wheeler,
Alabama
Crimson
Attracts
hummingbirds,
long blooming
NOTES: TREES APPROVED IN THE CITY OF EAGLE AREA ARE ALSO ACCEPTED IN AVIMOR
* Some varieties of this species are native while others are not
Common Name Scientific Name Size:
Ht’xW’
Firewise Regionally
Native
Deer
Resistant
Xeric Varieties Character
98 | Page
Avimor Zoning Ordinance
11B-3-8: SIGNAGE
A. Applicability:
1. All Signs: Signs shall not be erected or maintained in Avimor except those Signs
specifically enumerated in this Chapter.
2. Undefined Or Unclassified Signs: To determine applicable regulations for any Sign not
specifically defined herein, the Administrator shall use the definition or classification within
this Chapter which most closely defines or classifies any such Sign.
3. Architectural Compatibility: The number, area, and height of Signs as outlined in this
Chapter are intended to be maximum standards which do not necessarily ensure
architectural compatibility. Therefore, in addition to the enumerated maximum standards,
the City shall give consideration to a Sign's relationship to the overall appearance of the
subject property as well as the surrounding area.
4. Materials And Appearance: It is the intent of this Chapter to encourage interesting,
creative, readable, effective, uncluttered, and well maintained signage within Avimor. Sign
materials and appearance shall be complementary to the community theme, Building
architecture and colors.
5. Nonconforming Signs: As these regulations are amended, any existing Sign within Avimor
that was erected with the approval of the City and conformed to the previously established
regulations shall be allowed to remain for the useful life of the Sign unless otherwise
prohibited.
6. Change Of Face, Copy And/Or Logo On Signs: Signs conforming to this Chapter shall
require an administrative Sign permit, but not a full design review application for a change
of face, copy and/or logo on any such Sign, provided that the Sign structure is not changed
in any way and provided that the colors previously approved by the City are not changed.
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Avimor Zoning Ordinance
B. DEFINITIONS: If conflict arises between any definition in this Section and any other definition
within this Title, the definition with the more specific and/or more restrictive definition shall control.
Any other words or phrases not specifically defined shall be interpreted to give this Title its most
reasonable application.
A-FRAME SIGN: See definition of Sandwich Board Sign.
ANIMATED SIGN: Any Sign which is designed and constructed to give its message through a
sequence or progressive changes or parts or lights or degree of lighting, such as an electronic reader
board.
AREA OF THE BUILDING FACE: The general outer surface of an exterior wall of a Building. The area
of the Building face shall be a total area of such surface, including the area of doors and windows
which open into such face, if any.
AUTOMATED SIGN: A Sign with a fixed or changing display capable of displaying words, symbols,
figures or images composed of, a series of light emitting elements or moving panels or parts;
including, but not limited to: tri-paneled, digital, electronic message boards, light emitting diodes
(LED) Signs or Signs that in any other way move or create the illusion of movement. This definition
does not include Signs with copy that is manually changed.
BANNER SIGN: Any Sign made of lightweight fabric, plastic, or similar material.
BUILDING FACE AREA: The Building face area of a single-tenant Building is the area that lies within
a line drawn around the outermost points of the Building frontage wall face. Building face area shall
be expressed in square feet. Where a Building houses more than one business, Building face area
for each business shall be that area lying within a line drawn around the outermost points of the
Building frontage or Building face that is actually occupied by the individual business.
CABINET SIGN (SCULPTED): A Sign consisting of a translucent or non-translucent panel containing
Sign copy which is affixed to a cabinet that is sculpted to form a non-square or non-rectangular
decorative shape which provides interest to the Sign, such as the shape of a logo, the shape of
letters, or combination thereof.
CABINET SIGN (STANDARD): A Sign consisting of one or more translucent or non-translucent panels
containing Sign copy, which are interchangeable and which are affixed to a box or cabinet that is
generally square or rectangular in shape.
CANOPY SIGN: A Sign attached to or printed on the fascia or valence of a canopy, awning or
marquee. For the purposes of this Title, canopy Signs are regulated as wall Signs.
CHARITABLE ORGANIZATIONS: For the purposes of this Chapter, the term “charitable organizations”
means any tax-exempt government, religious, educational, veteran’s, fraternal, service, nonprofit
medical, volunteer rescue service, volunteer firemen’s, senior citizen’s, youth athletic, or youth
athletic park organization. An organization is tax exempt if the organization is, and has received from
(Example)
100 | Page
Avimor Zoning Ordinance
the internal revenue service a determination letter that is currently in effect, stating that the
organization is, exempt from federal income taxation under the Internal Revenue Code.
CITY ENTRY SIGN: A permanent Sign identifying the City of Eagle or the central business district. No
business advertising is permitted on City entry signage.
COMMUNITY MONUMENT: A permanent Sign identifying the Planned Development or the City of
Eagle. No business advertising is permitted on entry signage.
COMMUNITY- EVENTS: Community sponsored events such as Eagle Rodeo, Farmers’ Market,
Sporting Events, and similar homeowner events, for the purpose of this Chapter, community events
are considered as non-commercial events or activities.
CONSTRUCTION SIGN: An informational Sign which identifies the architect, engineer, contractor,
banking institution, or other individual or firms involved with the construction of a Building or
announcing the character of the Building or enterprise.
DEVELOPMENT SIGN: A temporary Sign announcing builder or business that will be constructed on
the subject property and which construction activities are being actively performed.
DIRECTORY SIGN: An outdoor Sign erected on a single site with multiple Buildings and where
multiple tenants exist, or for a multi-tenant Building and the like, which lists the names of all
businesses, in a uniform manner on a single structure.
DIRECTIONAL SIGN (OFF PREMISES): See definitions of Portable Off Premises Directional Sign and
Subdivision Directional Sign (Off Premises).
DIRECTIONAL SIGN (ON PREMISES): An on premises permanent directional Sign which foremost
contains words such as "Entrance", "Enter", "Exit", "In", "Out", or other similar words, or
a Sign containing arrows or characters indicating traffic directions and used either in conjunction
with such words or separately.
DRIVE-THRU/DRIVE-UP SERVICE MENU BOARD SIGN: A Sign identifying products for sale and prices
for those products. The menu board Sign may include business identification.
FACE OF SIGN: The surface of the Sign area upon, against or through which the message is displayed
or illustrated.
FLAG (COMMERCIAL): The flag of a commercial institution, except that no
more than one (1) flag is permitted per business, the flag shall not exceed
twenty (20) s.f. in surface area, shall be left loose to fly in the breeze and
shall be a maximum of fifteen feet (15’) in height.
FREEHANGING SIGNBOARD: A Sign attached underneath a canopy, awning
or colonnade.
FREESTANDING SIGN: A single or multiple faced Signs, supported from the ground by one or more
columns, uprights or braces.
(Example)
(Examples)
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Avimor Zoning Ordinance
GRADE: The elevation or level of the street closest to the Sign to which reference is made, as
measured at the street's centerline, or top of curb if one exists, adjacent to where the Sign is to be
placed, or the relative ground level in the immediate vicinity of the Sign if determined by the
Administrator to be an accurate determination for grade with regard to the intent of this Chapter.
GRAND OPENING: The promotional activity used by a new business or enterprise or for a grand
opening for a business or enterprise under new management. "Grand opening" does not mean the
annual or occasional promotion of services or Retail Sales by a business.
HEIGHT OF SIGN: The vertical distance measured from the grade to the highest point of a Sign or
any vertical projection thereof. Architectural elements used above any Sign area may be excluded
from the maximum height measurement if the City determines that said architectural elements add
to the character of the Sign and do not create an overbearing appearance in relation to the Sign,
Building and area.
HOLIDAY: A day designated as having special significance for which a government or religious
group have deemed that observation is warranted. A holiday is generally an official observance of
religious, national, or cultural significance, often accompanied by celebrations or festivities.
HOLIDAY SEASON SIGN: Signs advertising a holiday.
HISTORIC MARKERS: Historical markers erected or maintained by public authority or by a historical
society or historical organization identifying sites, Buildings, or structures of recognized historical
value or significance.
HISTORICAL SIGNAGE: Existing Signs pertaining to any commercial or noncommercial property
within the planned development which is found by the Eagle Design Review Board and City Council
to be of local historical significance are exempt from the provisions of this Title.
HUMAN SIGN: A human Sign is a Sign held by or attached to a human for the purposes of advertising
or otherwise drawing attention to an individual, business, commodity, service, activity, or product.
A person dressed in costume for the purpose of advertising or otherwise drawing attention to an
individual, business, commodity, service, activity, or product shall also be construed as a human
Sign.
ILLUMINATION, EXTERNAL: A Sign that is affected by an artificial light source that is not contained
within the Sign itself.
ILLUMINATION, HALO: The illumination of a Sign is from a light source that is not visible and is
concealed or contained within the Sign or located between the Sign and the structure/wall.
Illumination from the source of the light becomes visible in darkness when the light is reflected off
of the wall/structure upon which the Sign is attached.
ILLUMINATION, INTERNAL: Illumination of a Sign from any light source that is concealed or
contained within the Sign and becomes visible in darkness through a translucent surface, except for
illumination, punch through letter Signs. This includes characters, letters, figures, designs or outline
which is illuminated by gas filled luminous tubes, such as neon, argon or fluorescent.
ILLUMINATION, PUNCH THROUGH LETTER: A Sign with letters, logos or other Sign graphics that are
opaque (no light is permitted to shine through them), that are attached to a Sign cabinet or structure
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Avimor Zoning Ordinance
that allows light to shine through it. The distance between the letters, logos, or other Sign graphics
and the background (surface of the cabinet or structure) is a maximum of one-half (1/2) inch. The
light source is concealed within the cabinet or structure and is not visible except that illumination
from the light source shines through transparent (nonopaque) background material for no more
than one-fourth inch around the letters, logo, and other graphics, creating a halo effect.
INCIDENTAL SIGNS: Signs, otherwise known as “Information Signs”, containing no other message,
copy, announcement, or decoration other than instructions or directions to the public. Examples of
such Signs include “no parking”, “loading only”, or Signs that identify restrooms, walkways,
entrances, exits, etc.
LIGHTPOLE BANNER: A non-rigid permanent or temporary Sign made of durable
lightweight fabric, hung from a horizontal bar, often secured at the bottom and
supported by Sign brackets which are attached to a streetlight pole.
MASTER SIGN PLAN: A plan designed to show the relationship of Signs for any cluster of Buildings
intended for business occupancy, or any single Building containing more than one business or any
arrangement of business Buildings or shops which constitute a visual entity as a whole. These
include developments such as Shopping Centers, mini-malls, business parks, and multi-tenant
commercial, Office or industrial Buildings housing two or more businesses. Additionally, a master
Sign plan may be submitted for a single business if the owner chooses to submit an application for
a master Sign plan for said business.
MONUMENT SIGN: A freestanding Sign with a solid base, including rock Signs, or with supports that
are designed to be structurally similar to the Sign construction, and which incorporate architectural
features which complement the Sign construction. Pole type supports are not permitted for
monument Signs, unless enclosed within the monument Sign structure.
MULTI-TENANT BUILDING: A commercial or industrial Building(s) that is occupied by two or more
businesses in their own physically separated tenant spaces. Physically separated means that the
tenant spaces are physically separated by tenant separation walls in such a way that each tenant
space becomes its own separate and distinct space. In the event two (2) or more businesses occupy
the same area, they shall be considered as a single tenant or business with regards to the total
allowable signage.
MURAL: A painting, other than a business advertising Sign, on the outside wall of a Building. See
definition of painted graphics. Murals shall be considered art and not Signs so long as the mural is
not used to advertise a business, product or service, or used to provide personal messaging. Murals
shall be artistic and nostalgic in nature and shall follow the theme of Avimor’s architecture, as
approved by the City. All properties located in the planned development and not exempt from
design review must receive a recommendation from the Eagle Arts Commission, all murals shall be
reviewed by the Eagle Design Review Board and approved by the City Council.
NAMEPLATE: A Sign indicating the name, address and/or profession of a person or persons
occupying the Building.
(Example)
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Avimor Zoning Ordinance
NON-COMMERCIAL EVENTS AND ACTIVITIES: An event or activity that is open to the general public
or residents of Avimor and is non-commercial in nature. Such events include but are not limited to,
open-air festivals, block parties; special public events; a bike, run or walk on a public right-of-way,
events in parks or public spaces, downtown events, recreation events, Farmers’ Markets, parades,
community garage sales, and similar events by charitable organizations. See also definition of
community events and charitable organizations.
NONCONFORMING SIGN: Any Sign which does not comply with the provisions of this Title.
OFFICIAL FLAGS: Official flags of the United States, the State of Idaho, or other states of the nation,
counties, municipalities and official flags of foreign nations. Official flags are not considered Signs.
OFF PREMISES SIGN: Signs located on a separate Parcel of land or a separate site from the place
where the product, service, activity or business is located.
ON PREMISES SIGN: Signs located on the same Parcel of land or a site as the place where the
product, service, activity or business is located.
PENNANT SIGN: Any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, whether in series or not, designed to
move in the wind and therefore considered a moving Sign.
POLE SIGN: A freestanding Sign that is supported by one (1) or more poles that are not enclosed as
in a monument Sign structure.
PORTABLE OFF PREMISES DIRECTIONAL SIGN: Off premises portable Signs providing directional
information for businesses.
PORTABLE ON PREMISES ADVERTISING SIGNS: Portable on premises Signs for advertising which can
be used on a permanent basis and which are intended to allow for business identification and any
other advertising being promoted by the business or enterprise.
PORTABLE SIGN: Any Sign not designed to be permanently attached to a Building or anchored to the
ground such as A-frame Signs, yard Signs (rigid), banner Signs, feather flag Signs and sandwich
board Signs.
PROJECTING SIGN: A Sign, often referred to as a “blade” Sign, and other than a
wall Sign, that projects perpendicularly and extends from the Building frontage
or Building face to which it is attached outwardly. For the purposes of this Title,
a projecting Sign is considered a “perpendicular” wall Sign.
READER BOARD: A Sign or part of a Sign on which the letters are readily replaceable such that the
copy can be changed from time to time.
REAL ESTATE SIGN: A Sign advertising the sale, rental or lease of the premises upon which the Sign is
placed, not including a subdivision Sign.
ROOF SIGN: A Sign that is erected on or above the roof of a Building and which derives its principal
support from the roof or from columns or supports extending through the roof. The definition
(Example)
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Avimor Zoning Ordinance
includes a Sign affixed to any structure erected upon a roof, including a structure housing Building
equipment and includes a Sign erected on top of a canopy, deck, patio, or similar structure.
SANDWICH BOARD SIGN: A pair of signboards fastened at their tops and
separated at their base to form a freestanding portable Sign structure.
SCOREBOARDS: Scoreboards are Signs erected at a sporting field and which are generally used to
maintain the score or time expired in an event at the field. This definition shall also include Signs
mounted or applied to the outfield wall within a baseball, football or similar type field.
SEASONAL DECORATIONS OR SIGNS: Reasonable seasonal decorations within the appropriate
holiday season. Signs of a decorative nature, incidental and commonly associated with any national,
local or religious holiday, provided such decorations and Signs are not placed within the sight vision
area of an intersection as determined by Local Highway Department, and that seasonal Signs are
not placed in the City right of way or block ADA accessible sidewalks. However, such displays
decorations and Signs shall be removed at the end of the public national, local or religious holiday
season.
SETBACKS: For the purpose of applying Setback requirements for Signs, distances shall be measured
from the property line to the nearest edge of the display surface, unless otherwise noted in this
Title.
SIGN: Any letters, figures, design, symbol, trademark, logo or device intended to attract attention
to any activity or service, place, subject, person, firm, corporation, public performance, machine or
merchandise whatsoever, including the display of merchandise. Sources of light used primarily to
illuminate a Sign, or a Building, or grounds surrounding the Building, shall not be considered Signs
themselves; provided however, that sources of light used primarily to attract attention to the light
itself or as a decorative feature of the display shall be considered as part of the Sign.
SIGN AREA: The entire area within a single, contiguous perimeter enclosing the extreme limits of
writing, representation, logo, emblem or any figure or similar character, together with any form or
other material or color forming an integral part of the display or used to differentiate such Sign area
from the background against which it is placed. The Sign area shall not include the necessary
supports or uprights on which the Sign is placed, and superficial, nonilluminated column covers,
ornamental trim and other such incidental objects attached thereto, or portions of the Sign
structure which are not designed to convey a message.
SIGN AREA (DISPLAY SURFACE): The entire area within a single, contiguous perimeter enclosing the
extreme limits of writing, representation, logo, emblem or any figure or similar character, together
with any form or other material or color forming an integral part of the display or used to
differentiate such Sign area from the background against which it is placed. The Sign area shall not
include the necessary supports or uprights on which the Sign is placed, and superficial,
nonilluminated column covers, ornamental trim and other such incidental objects attached thereto,
or portions of the Sign structure which are not designed to convey a message.
(Example)
105 | Page
Avimor Zoning Ordinance
SIZE: Size includes the height, length, width, and Sign area, also known as the display surface of a
Sign unless otherwise specified in this Chapter. Measurements shall be rounded up to the nearest
foot, or nearest square foot, as applicable.
SPACING AND DENSITY: For the purpose of applying spacing requirements or density limits to
monument Signs, distances shall be measured along a line parallel to the centerline of the adjacent
street or highway and between the nearest edges of the display surfaces. A back-to-back Sign is
counted as a single Sign for the purposes of spacing and density limits.
STATE HIGHWAY: Highways in and adjacent to the development that are owned and maintained by
the state of Idaho.
STREETLIGHT SIGN: A permanent or temporary Sign, otherwise known as a light pole banner,
supported by Sign brackets which are attached to a streetlight pole.
SUBDIVISION DIRECTIONAL SIGN (OFF PREMISES): A temporary off premises Sign used to advertise
homes or Buildings under construction or property for sale in a subdivision which is to be, or is being,
developed pursuant to an approved subdivision final plat application before the City, or county if
annexed into the City.
SUBDIVISION MONUMENT SIGN (RESIDENTIAL): A permanent on premises Sign placed at the
entrance (s) to a subdivision.
TEMPORARY SIGN: A nonpermanent Sign intended for use for a limited period of time as regulated
within this Chapter.
VERTICAL CLEARANCE: The lowest element of any Sign which occupies the vertical space above a
pedestrian way and is designed to permit traffic thereunder shall be at least eight (8) feet above the
finished grade of a sidewalk or other pedestrian way and at least sixteen (16) feet above the finished
grade of a pavement used for vehicular traffic if such Sign is located within eighteen (18) inches of
the vertical projection of the pavement edge.
VEHICLE SIGN: Any Sign, logo or advertisement placed, painted, attached, or
displayed on a vehicle.
WALL SIGN (FLAT): A Sign attached to or erected against the wall of a Building or structure with the
face of the Sign parallel to the plane of said wall, and not extending over twelve (12) inches from
the wall of the Building or structure.
WALL SIGN (PERPENDICULAR): A Sign attached to or erected against the wall of a Building or
structure with the face(s) of the Sign perpendicular to the plane of said wall.
WAYFINDING SIGNS: Signs that serve the function of informing people of the
surrounding within the development. The intent of wayfinding Signs is for
orientation and navigation purposes. For the purposes of this Title, wayfinding
signage does not refer to directional, informational or incidental signage on private
property.
(Example)
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WIND BANNER FLAGS: A non-rigid attention attracting device made of durable
and lightweight fabric that flows easily in the wind and is attached entirely along
the long edge to a vertical pole, including, Teardrop, Feather Convex, Feather
Angled, Rectangle, Giant Flag and Econo type banner flags. The pole can either be
inserted into the ground or can be connected to a solid, spring or spinning base.
WIND FLAGS: A non-rigid attention attracting device made of durable and
lightweight fabric that flows easily in the wind and is attached by one (1) edge to
a vertical pole in the ground without a permanent foundation. Such flag is usually
oblong in shape. For the purposes of this Title, official flags such as Government
Flags or State, are not considered wind flags.
WINDOW SIGN: All Signs located inside and affixed to, painted on or within three feet of windows
of a Building, whether temporary or permanent, lighted or unlighted, which may be viewed from
the exterior of the Building. The term does not include merchandise located within three (3) feet of
the window.
YARD SIGN (NONRIGID): Yard Signs may be referred to as "lawn Signs". Nonrigid
yard/lawn Signs, or otherwise known as “stake” Signs or “wire stake” Signs are
not stable and typically are susceptible to being blown over by wind and
oftentimes do not remain vertical. Common types of nonrigid yard/lawn Signs
are corrugated plastic, fold over cardboard, and poster type which are attached
to a light metal stand with less than one-fourth inch thickness, or lattice type
wood stakes, which are inserted into the ground.
The metal stands are usually an "H" or "I" type. The "H" type stand is shaped like an "H" and two (2)
of the prongs insert into the Sign, or the Sign is attached to the two, and the other two prongs are
inserted into the ground. The single or double crossbar between the two prongs adds minimal
strength and makes the entire stand one single unit. The "I" type stand is essentially an "H" stand
without a crossbar linking the prongs.
YARD SIGN (RIGID): Yard Signs may be referred to as "lawn Signs". Rigid yard/lawn
Signs are stable and are not susceptible to being blown over by wind. Rigid
yard/lawn Signs are made of a solid metal frame with a metal thickness of one-
fourth inch or more, or they are made of metal one-half (1/2) inch by one-half
(1/2) inch angle iron, both of which include solid metal legs for insertion into the
ground. The metal frame includes an attached metal or hard plastic Sign face.
C. GENERAL REGULATIONS FOR ALL SIGNS:
1. The following shall apply to Signs in all zoning districts:
a. Message Substitution Allowed: A noncommercial message of any type may be
substituted, in whole or in part, for the message displayed on any Sign for which the Sign
structure or mounting device is legal without consideration of message content. This
provision applies to all Signs allowed under this Title. Such substitution of message may be
(Example)
(Example)
(Example)
(Example)
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made without any additional approval, permitting, registration or notice to the City. The
purpose of this provision is to prevent any inadvertent favoring of commercial speech over
noncommercial speech or favoring of any particular noncommercial message or any other
noncommercial message. This provision prevails over any more specific provision to the
contrary.
b. Permits Required: No Sign, unless specifically stated in this Chapter, shall be erected,
placed, attached, altered, displayed, or secured to the ground, any Building, or any structure,
until a permit for such Sign, including and applicable electrical permits, and any other permit
required by federal, state or local law has been issued by the City of Eagle. An application for
a Sign permit may be obtained from the City’s Planning Department and/or Building
Department. A permit will be issued if a proposed sign conforms to this Title. Incorrect
information shall be grounds for revocation of a permit. Sign permits issued are site specific
and Building specific, and are not transferrable to another site or another Building.
c. Permit Expiration: If the work authorized by a permit under this Title has not been
commenced within one hundred and eighty (180) days after the date of issuance, the permit
shall become null and void.
d. Fees: A Sign permit fee, as established by resolution of the Council, shall be paid upon
issuance of a Sign permit.
e. Undefined or Unclassified Signs: To determine applicable regulations for any Sign not
specifically defined herein, the Administrator shall use the definition or classification within
the Title which most closely defines or classifies any such Sign.
f. Architectural Compatibility: The number, area, and height of Signs as outlined in this Title
is intended to be maximum standards which do not necessarily ensure architectural
compatibility. Therefore, in addition to the enumerated maximum standards, the City shall
give consideration to a Sign’s relationship to the overall appearance of the subject property
as well as the surrounding area, through a design review process.
g. Materials and Appearance: It is the intent of this Chapter to encourage interesting,
creative, readable, effective, uncluttered, and well-maintained signage. Sign materials and
appearance shall be complementary to the Building architecture and colors. Throughout the
project an efficient palette of materials is to be employed in the signage elements and the
structures into which the signage is integrated per the design guidelines as stated in this
Chapter. Depending on location and feasibility, materials may be used in their natural state
or be replicated in quality faux finishes.
h. Stricter Standards Prevail: Nothing in this Title is intended, no shall be construed, to
permit the erection, construction, enlargement, alteration, or maintenance of any Sign at
any place or in any manner unlawful under any other federal, state, or local law. When any
part of this Chapter conflicts with another provision of federal, state, or local law, the
provision that establishes the stricter standard shall control.
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D. PLACEMENT RESTRICTIONS:
1. No permanent Signs shall project into or over the public right-of-way (existing or proposed),
into any utility or access easement, or within any vision triangle, unless otherwise specifically
stated in this Title.
2. The lowest portion of any Sign which extends over an area intended for pedestrian use shall
not be less than eight feet above finished grade.
3. Any Sign placed on a sidewalk or other public right of way, where permitted by this Title, shall
comply with this Chapter and applicable provisions of the Americans with Disabilities Act (ADA).
4. Signs and their location shall not obstruct or interfere with traffic, sighting distance, signals
and public Signs.
5. Unless otherwise allowed in this Chapter, no person shall post or cause to be posted, attached
or maintained any Sign upon any tree, light pole, or any utility pole or structure; any fence, railing
or wall, unless otherwise specified in this Title; or any sidewalk within the right-of-way or a
sidewalk easement, curb, gutter, or street, except for house numbers or fire lane designation.
6. No Sign shall be erected as to block, partially block, or interfere in any way with a required
means or exit from any Building nor with any window. No Sign shall block, interfere, or
otherwise, hinder pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare, a
fire lane easement, or a driveway required to access parking.
7. Support and Attachment: All Signs shall be constructed and installed in accordance with the
manufacturer’s specifications, the registered design professional, or the Sign contractor,
whichever is applicable and the most stringent. Signs that project from the face of a Building
and that require structural support shall be designed that the structural support is integral to
the overall architecture of the Sign and Building.
8. Change of Face, Copy and/or Logo on Signs: For Signs conforming to this Chapter, excepting
legal Signs, a permit shall not be required for a change of face, copy and/or logo on any such
Sign, provided that the Sign structure is not changed in any way and provided that the colors
previously approved by the City are not changed. However, Signs relocated to another site
location or Building will require new Sign approvals and permits.
9. License Required: No person shall install, erect, repair or maintain any Sign that requires a
permit for electrical or structure unless such person is a licensed contractor as required by the
State of Idaho. Such person shall provide a contractor registration number to the building
department prior to the issuance of a Sign permit.
10. Traffic Control Signs: Traffic control Signs conforming to the Manual of Uniform Traffic
Control Devices that are installed or approved by the highway department.
11. Nonconforming Signs: All Signs shall conform to this Title upon any structural change to the
Sign, Sign base, or Building to which it is attached, or upon any change in the face or copy of the
Sign for the business to which such Sign pertains if the use associated with the business is
changed, except as provided for within subsection, "Historic Signage", of this Section.
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E. EXEMPT SIGNS: The provisions and requirements of this Title shall not apply to the following Signs
and attention attracting devices, except that all Signs or attention attracting devices shall still
comply with the requirements of this Chapter, and no Sign or attention attracting devices shall block
ADA accessible sidewalk requirements or the sight vision area of an intersection as determined by
Local Highway District.
1. Address Numbers: Numbers and letters for address identification.
2. Art: Sculptures, fountains, mosaics and design features which do not incorporate advertising
or identification.
3. Balloons: Latex and Mylar style balloons twenty-four (24) inches or less in diameter.
4. Displays: Display of items for sale located within any commercial or industrial district or on
any legal nonresidential site within any residential district, but not within any landscape area or
required parking area (except as part of a community event), and that no display of items for
sale shall block ADA accessible sidewalk requirements or the sight vision area of an intersection
as determined by Local Highway Department.
5. Directional Signs (On-Premise): Shall not exceed six (6) s.f.in area.
6. Door Signs: Signs installed on a door of a noncommercial or commercial Building providing
identification and additional incidental information, provided such Signs are no larger than two
(2) s.f..
7. Emergency Service Signs: Signs for Emergency Services, such as; police services, emergency
rooms, fire departments, Hospitals, etc.
8. Flags (Official): As defined in this Title.
9. Flags (Commercial): As defined in this Title.
10. Historic Markers and Historical Signage: As defined in this Title.
11. Human Signs
12. Incidental Signs: As defined in this Title.
13. Interior Signs
14. Nonilluminated interior Signs located in the interior of any Building or within an enclosed
lobby or court of any Building or group of Buildings, excluding window Signs, which Signs are
designed and located to be viewed exclusively by patrons of such use or uses.
15. Interior Signs intended to be viewed from the public sidewalk, street, highway, alley, plaza,
park, or other similar public space; provided, however, that the Sign does not flash or employ
an effect, does not contain neon, and does not exceed eight (8) square-feet in display surface or
ten (10) percent of the total window area of all windows facing public streets, whichever is
larger, unless otherwise regulated within this Title.
16. Window Signs: (Nonilluminated): Nonilluminated window Signs as long as the total area of
the Signs does not cover more than twenty-five (25) percent of the window area where it is
placed.
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17. Memorial Signs: Memorial Signs or tablets, names of Buildings and dates of erection of a
Building or structure.
18. Murals: As defined in this Chapter.
19. Nameplates for residential uses.
20. Sandwich Boards: As defined in this Chapter, but such Signs shall be attractive, follow a
community-wide theme, and be removed nightly.
21.Scoreboards: Scoreboards, except that scoreboard Signs shall be erected within the limits of
and face into the athletic field or stadium.
22.Seasonal Decorations or Signs: As defined in this Chapter.
23. Temporary or Portable Signs: Temporary or portable Signs authorized for use within parks
or on City owned property.
24. Traffic or Other Municipal Signs (Signs required by law): Traffic signals, railroad crossing
Signs, legal notices, and such temporary Emergency or non-advertising Signs as may be
authorized by Council.
25. Utility Company Signs: Signs of public utility companies indicating danger or which show the
location of utility facilities.
26. Warning Signs: Nonilluminated or externally illuminated “No Trespassing”, “No Parking”, “No
Dumping”, and other warning Signs located on the Lot to which the Sign is appurtenant and not
exceeding six (6) s.f.in area.
27. Wind Banner Flags: A non-rigid attention attracting device made of durable and lightweight
fabric that flows easily in the wind, and is attached by one edge to a vertical pole in the ground
without a permanent foundation. Such flag is usually oblong in shape. For the purposes of this
Title, official flags such as Government Flags or State, are not considered wind flags.
28. Automated Signs for Gas Station Fuel Pricing Numbers only.
F. PROHIBITED SIGNS:
The following Signs and attention attracting devices shall be prohibited, except as may otherwise be
specifically stated within this Section. The Signs and other attention attracting devices prohibited
herein are subject to removal by the City at the owner’s or user’s expense:
1. Abandoned or Obsolete Signs: Signs located on a property which becomes vacant or
unoccupied for a period of 90-days or more, or any Sign which pertains to a time, event, activity,
or purpose that no longer applies.
2. Any Sign in violation of local, state, or federal law over which the City exercises jurisdiction.
3. Any Sign which blocks the Americans with Disabilities (ADA) minimum width required for
handicap accessibility on a public sidewalk.
4. Any Sign whose permit or approval has expired.
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5. Automated Signs shall be prohibited in all type of Signs, except automated Signs are permitted
as part of a Sign for religious or Civic Uses.
6. Billboard Signs.
7. Bubble Machines, except for non-commercial events and activities.
8. Cabinet Signs (standard), except cabinet Signs with non-translucent panels as may be
incorporated into a monument Sign which includes advertising for multiple tenants, and as long
as the cabinet portion of the multi-tenant monument Sign is surrounded on all four sides by
architectural elements of the Sign structure.
9. Chasing lights, except as may be approved by the City as an integral part of a Building or
structure, and except non-commercial events and activities and seasonal events.
10. Display of items for sale, for “actual” display of merchandise, like a sidewalk or tent sale,
within any landscape area or required parking area, except as part of a non-commercial event
or activity or as otherwise stated specifically within this Chapter.
11. Hazardous or Unsafe Signs: Any Sign that, in the opinion of the Building Official,
Administrator, Engineer or Traffic Officer, City official, Local Highway Department, or other
public agency, creates a hazard to vehicular or pedestrian traffic or a hazard to the public in
general, including, but not limited to, the following reasons:
a. Design and construction;
b. Signs which because of their size, location, movement, content, coloring or manner of
illumination may be confused with or construed as a traffic control Sign, signal or device, or
the light of an Emergency or radio equipment vehicle, or Signs which obstruct the visibility
of any traffic or street Sign or signal device;
c. Signs purported to be, or which are, an imitation of, or resemble an official traffic Sign or
signal, or which bear the words, “Stop”, “Danger”, “Warning”, or similar words in a manner
potentially causing confusion with such official Signs or signals;
d. Signs, which by location create a vehicular or pedestrian hazard;
e. Any Sign that omits any sound, odor or visible matter;
f. Any Signs within the sight visibility triangle as specified within Local Highway Department’s
“Policy Manual”;
g. Any Sign not maintained in a safe condition;
h. Illegal Signs: Any Sign that employs a structure, material, color, design, illumination, size,
height, duration, or placement not specifically allowed under this Chapter, unless the Sign is
a lawfully established non-conforming Sign;
i. Inflatable Balloons and Blimps: Polyurethane and polyvinyl chloride (PVC) style inflatable
balloons and blimps larger than twenty-four (24) inches in diameter, except for non-
commercial events and activities;
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j. Off premises Signs, except as otherwise stated within this Chapter;
k. Miscellaneous Signs and posters which are visible from a public way and are tacked,
pasted, taped or otherwise affixed in a similar manner to or upon the walls of Buildings,
trees, poles, posts, fences, hydrants, bridges, or other structures;
l. Moving, revolving, intermittent, oscillating, animated, or flashing Signs, except for non-
commercial events, human Sign board and activities;
m. Pennants, propellers, pinwheels, streamers and similar objects, except as temporary
displays authorized by the City for carnivals and open-air festivals and other community
events;
n. Pole Signs;
o. Roof Signs;
p. Searchlights, beacons, strobe lights, scintillating lights, and similar lights, except for
noncommercial events and activities;
q. Temporary Signs In lieu of Permanent Signage, except for otherwise specifically stated
within this Chapter;
r. Unsightly Signs: Any Sign which is in whole or in part week, unsafe or constructed of
broken, unsightly, inferior or old, worn or faded material;
s. Wall Signs that extend above the parapet wall; and
t. Yard Signs (nonrigid): except for Signs that are placed completely on private property in
accordance with this Chapter.
12. Window Signs (Neon).
G. SIGNS ON CITY OWNED PROPERTY:
1. No person shall erect a Sign upon any property owned or controlled by the City without first
having procured prior written permission from the City. Before any permit shall be granted for
the erection and maintenance of a Sign upon property of the City, a Sign approval application
shall be required with any additional information which the Administrator shall deem necessary
to carry out the purposes and intent of this Title. In the event the permit does not specify a term,
the permit shall expire twelve (12) months from the date of issuance.
2. In the event that any Sign is erected or maintained in violation of the provisions of this
subsection, the City may direct the removal of such Sign. In the event the permittee deems such
removal to be without cause, they may, within thirty (30) days after such removal, make written
appeal to Council. The findings of Council, after notice to the permittee and due hearing, shall
be final.
H. CITY ENTRY STATEMENT AND COOPERATIVE SIGN PLAN:
The City may develop a City entry statement and cooperative Sign plan which includes the City entry
Signs and streetlight signage and which specifies the design criteria, aesthetics, locations and
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funding methods for future public, private or public/private partnership construction of cooperative
business identification and directional signage.
I. SIGN INSPECTIONS; REINSPECTIONS
1. The Administrator and/or Building Official and their duly authorized representatives are
authorized and reserve the right to perform inspections of all Signs regulated by this Chapter.
The purpose of the inspection is to ascertain whether the same is unsafe or insecure, is
dilapidated or deteriorated, and to ensure that the Sign has been constructed in accordance
with the standards contained herein, any other applicable ordinances, and the applicable
permits. The method and time of such inspections shall be determined by the Administrator
and/or Building Official.
2. A footing inspection may be required prior to the pouring of any concrete or covering of any
footing. All requests for such footing inspection shall be made directly to the Building
department.
3. It is the responsibility of the Sign contractor and/or Sign permit applicant to ensure that full
compliance is met with all requirements of this Chapter. Failure to comply may result in the
removal, replacement and/or alteration of the noncompliant Sign at the sole expense of the
contractor and/or Sign permit applicant.
4. Upon presentation of proper credentials, enforcement officers may enter at reasonable times
any Building, structure or premises in the City to make inspection of a Sign, its structural and
electrical connections and to ensure compliance with any of the provisions of this Chapter,
including repair or structural alteration for safety of Signs which present a hazard to the public.
J. SIGN SUPPORTS
1. Unless approval to place a Sign in the right of way has been obtained from the Local Highway
Department, Sign supports shall be located on private property, to include footing, foundations
and projections.
K. GENERAL ILLUMINATION STANDARDS
1. The City must find that any illuminated Sign permitted under the specific regulations within
this Chapter are designed such that brightness levels are controlled to assure a soft, subtle
effective light in accordance with the Sign matrix shown in Section 11B-3-8-P; see Table 3.1.
L. SIGN MAINTENANCE
1. Maintenance of legal Signs is allowed and maintenance of the same shall not require a permit.
Sign maintenance is the replacement or repair of a part or portion of a Sign required by ordinary
wear, tear, or damage, with like material, color, and design. Maintenance of legal Signs does not
include changing the color, size, design, or styles of Signs. Any Sign or component of a Sign which
is in a damaged or deteriorated condition and constitutes a danger or hazard to public safety
shall be promptly repaired or replaced. Surface materials and components shall be kept free of
chipping, peeling, fading, cracks, holes, buckles, warps, splinters, or rusting visible from an
adjacent property or street. Illuminated Signs shall be maintained in good operating condition
including prompt removal and replacement of all defective bulbs, light emitting diodes,
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fluorescent tubes, neon or other inert gas light segments, damaged or deteriorated electrical
wiring, and malfunctioning control devices and related circuitry.
2. Graffiti on a Sign shall be removed within five days of notice of its placement on such Sign.
Graffiti remaining on a Sign for longer shall be considered a nuisance.
3. All parts, portions, units and materials composing a Sign, together with the frame, background
surface, support or enclosure therefor shall be maintained in a safe condition, painted, and
adequately protected from weathering with all braces, bolts, and structural parts and supporting
frames and fastenings reasonably free from deterioration, rot, rust, and loosening so that they
do not create a hazard to persons or property or constitute an attractive nuisance.
4. Any Sign or Sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated,
faded, or in another dilapidated condition shall be promptly repaired, to the satisfaction of the
City, or removed.
5. All ground area surrounding Signs shall be kept free of rubbish and weeds, and landscaping
be maintained.
M. PERMANENT SIGN ALLOWANCES AND REQUIREMENTS
1. It is unlawful for any person to erect or install a Sign having a type, size, quantity or height
greater than allowed within the following Section.
2. An abandoned or obsolete Sign, as defined under prohibited Signs above, shall be removed
by the owner of the Sign or owner of the premises within thirty (30) days of being declared an
abandoned Sign.
3. Drive-Thru Signs:
a. No more than two Drive-Thru lane Signs are allowed for each Drive-Thru lane serving a
business establishment.
b. The Signs may be either a ground mounted or wall mounted Sign.
c. The Signs shall not exceed seven (7) feet in height and the Sign area shall not exceed thirty-
five (35) s.f..
4. Internal illumination may be permitted if the City determines the following:
a. The lighting shall be harmonious with and in accordance with the general objectives, or
with any specific objective of this Chapter;
b. The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general vicinity
and will not change the essential character of the same area; and
c. The lighting will not be disturbing to existing or future neighboring uses.
5. Free hanging Signboards:
a. Free hanging signboards shall not exceed eight (8) s.f.nor shall any such Sign extend
beyond the Porch or canopy to which it is attached; and
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b. A minimum distance of eight (8) feet shall be required between a pedestrian walkway and
the bottom of a free hanging signboard.
6. Fuel Island Signs:
a. Fuel island canopies shall be permitted to have a maximum of three Signs;
b. The Signs shall be attached to, or painted on, the canopy face;
c. The height and width of the Sign shall be reviewed with regard to its proportional
relationship to the height and width of the canopy face to which it is attached or painted.
The Sign area shall be a maximum of twenty (20) square-feet but in no case, shall the Sign
cover more than one-third (1/3) of the area of the face of the canopy to which it is attached
or painted;
d. If more than one Sign is proposed, each Sign shall be located on a different side of the
canopy and should be oriented to face oncoming traffic; and
e. A one (1) s.f. Sign may be permitted for the fuel logo or fuel brand only on each side of
each fuel dispenser or spandrel attached thereto.
7. Interstate and Highway Signs:
a. Signs along interstate and primary highways shall conform to federal and state
transportation department regulations as well as this Title. Notwithstanding, applicants are
responsible for ensuring their compliance with any federal or state regulations as the City
will not evaluate Signs in accordance with those entities’ rules.
8. Monument Signs:
a. For single-tenant Buildings which are not within the HMU or MU Sub-Use District or within
a "Shopping Center", monument Signs shall not exceed eight (8) feet in height and the Sign
area shall not exceed sixty (60) square-feet per side;
b. For multi-tenant Buildings which are not within the HMU or MU Sub-Use District or within
a "Shopping Center", monument Signs shall not exceed fifteen (15) feet in height and the
Sign area shall not exceed one hundred and forty (140) square-feet per side;
c. For single-tenant Buildings which are within the HMU or MU Sub-Use District, monument
Signs shall not exceed six (6) feet in height and the Sign area shall not exceed forty (40) s.f.per
side;
d. For multi-tenant Buildings which are within the HMU or MU Sub-Use District, monument
Signs shall not exceed eight (8) feet in height and the Sign area shall not exceed sixty (60)
square-feet per side;
e. For any single-tenant Building or multi-tenant Building which is not located in a Shopping
Center, one monument Sign per abutting street shall be permitted;
f. A "Shopping Center", as defined in Definitions of this Title shall be allowed one monument
Sign per street that it abuts for any site less than twenty (20) acres in size and two (2) Signs
for any site twenty (20) acres in size or larger. The height of any such Sign shall not exceed
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fifteen (15) feet adjacent to a roadway that is not designated as a state highway and twenty-
five (25) feet adjacent to any state highway. The Sign area shall not exceed one hundred and
forty (140) square-feet per side adjacent to a roadway that is not designated as a state
highway and two hundred (200) square-feet per side adjacent to any state highway. If the
Shopping Center has a single address, the address shall be located on the monument Sign
and shall be a size that is readable from the street;
g. In addition to any Shopping Center monument Signs, any single-tenant Building within a
Shopping Center, and adjacent to a roadway, shall be permitted one monument Sign. The
height of any such Sign shall not exceed 6 feet adjacent to a roadway that is not designated
as a state highway and 8 feet adjacent to any state highway. The Sign area shall not exceed
forty (40) square-feet per side adjacent to a roadway that is not designated as a state
highway and sixty (60) square-feet per side adjacent to any state highway;
h. The minimum distance between monument Signs on a single Parcel, shall be one hundred
(100) feet;
i. No monument Sign shall be any closer than fifty (50) feet from a monument Sign, or other
freestanding Sign, on an adjacent property;
j. Monument Signs are permitted to be double faced;
k. Landscaping shall be provided at the base of all monument Signs. Landscape plans shall
be prepared by or under the responsible control of a licensed landscape architect with said
plans to be duly stamped to clearly identify the preparer. The amount required shall be
three times the size of the largest Sign area: An example is shown as follows;
l. The lighting shall be harmonious with and in accordance with the general objectives, or
with any specific objective of this Title; and
m. The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general vicinity
Monument Sign = 9’x8’ = 72 s.f.
Sign Base – 9’ x 2’ – 18 s.f.
i i h l
Required Landscaped = 3 x 72 = 216 s.f.
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and will not change the essential character of the same area. The lighting will not be
disturbing to existing or future neighboring uses.
9. Subdivision Monument Signs:
a. One subdivision Sign on each side of the street may be permitted at the principal entry or
entries into residential subdivisions, or within the landscape median at the entry road if
approved by the Local Highway Department, and at the intersection of any collector and/or
arterial streets abutting the subdivision;
b. Subdivision Signs shall not exceed eight (8) feet in height, unless located along HWY 55
which would allow for a maximum height of twenty (20) feet, and the Sign area shall not
exceed sixty (60) -square-feet per side; and
c. Subdivision entry signage requires design review approval.
10. Wall Signs (Flat and Perpendicular):
a. A single-tenant Building shall be allowed a maximum of three wall Signs, provided that
each Sign is placed on a different side of the Building;
b. Each business within a multi-tenant Building shall be allowed a maximum of three wall
Signs provided that each Sign is placed on a different side of the Building;
c. For a single-tenant Building the total Sign area of any wall Sign shall not exceed ten (10)
percent of the area of the Building face to which it is attached, except that any wall Sign that
has a Building wall facing a state highway shall be permitted a maximum of twenty (20)
percent of the area of the Building face to which it is attached;
d. For a multi-tenant Building the total Sign area of all wall Signs shall not exceed ten (10)
percent of the area of the Building face to which they are attached, except that the total Sign
area for wall Signs that has a Building wall facing a state highway shall be a maximum of
twenty (20) percent of the area of the Building face to which they are attached;
e. The Sign area, per side, of any perpendicular wall Sign shall not exceed ten (10) percent of
the area of the Building face to which it is attached;
f. Wall Signs shall not extend above the top of the wall to which it is attached;
g. Flat wall Signs shall be attached parallel to the plane of the wall, and not extend over
twelve (12) inches from the wall of the Building or structure; and
h. Perpendicular wall Signs shall have a minimum vertical clearance of eight (8) feet from the
bottom of the Sign to the sidewalk, and a maximum projection from the wall of four (4) feet.
11. Wayfinding Signs:
a. Wayfinding Signs are permitted to be established or posted within the right-of-way by or
at the direction or authorization of the Administrator. Such Signs must not advertise a
specific business and must serve the intent as defined within this Title. Such Signs may
advertise a point of interest, such as a Farmers’ Market, post office, Golf Course, or other
public or private related destination; and
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b. Requests for wayfinding signage shall be submitted in writing to the Administrator, along
with a site plan showing the location of such requested signage. All wayfinding Signs installed
will be in accordance with an established size, height, type, location and architectural design
as adopted by this Title. Approval for signage will be subject to the approval of the
Administrator, Local Highway Department, the City Engineer, the Building Official, and any
other pertinent agency.
N. TEMPORARY AND PORTABLE SIGN ALLOWANCES
1. District Temporary and Portable Sign Provisions: It is unlawful for any person to erect or install
a Sign having a size or height greater than that allowed by Table 3.1 located in Section 3-8-P of
this Chapter.
2. Applicability: The objective for restricting and limiting the size, height, type, location, and
time frame of temporary and portable Signs is to assist in the elimination of visual clutter and to
allow the City to the flexibility in regulations in order to partially achieve the objective without
having to take a comprehensive approach to achieving the aesthetic objective.
3. Certain Temporary and Portable Signs Prohibited: If a Sign type is desired in a zone but is not
recognized/listed in the tables (e.g., roof Sign) then it is not, and shall not, be allowed.
4. Temporary and Portable Signs, General Standards: All temporary and portable Signs shall
adhere to the size, height, and placement locations as listed within this Chapter.
5. Number: A maximum of one (1) temporary or portable Sign shall be displayed or business at
any given time, except as noted herein or in the tables within this Section. If a business abuts
more than one (1) street, it shall be permitted one-temporary or portable Sign per street that it
abuts as long as the Signs are a minimum of fifty (50) feet apart.
6. Construction and Maintenance: All temporary and portable Signs must be professionally
made, be weatherproofed and kept in a state of good condition, appearance, safety and repair.
No broken, unsightly, inferior, faded, ripped, or worn materials may be utilized. The intent by
which is to guard against decay, unsafe, and poorly maintained Signs.
7. Support: Temporary and portable Signs shall be self-supporting so as to remain in an upright
position.
8. Location: All temporary and portable Signs shall be located on private property unless
otherwise specifically stated within this Section; and no Signs shall be placed within any
landscaping strips, unless otherwise specifically stated herein.
9. Temporary and portable Signs shall not be attached to trees, shrubbery, utility poles, or like
items and shall not obstruct or obscure permanent Signs on adjacent premises.
10. No temporary or portable Sign shall be erected or maintained which, because of its size,
location, or construction constitutes a hazard to the public by impeding the vision of pedestrian
or vehicular traffic, placed in/on the streets, placed within the public rights of way, or placed
within the vision clearance area.
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11. Banners: Wall banners shall be securely fastened on all four corners and at midway points
along the top and bottom of the banner for the entire length.
12. Spacing: All temporary and portable Signs shall be spaced a minimum of fifteen (15) feet
away from any other temporary, portable, or permanent Sign.
13. Illumination: All temporary and portable Signs are prohibited from internal or external
illumination.
14. Compliance Time Line: All temporary and portable Signs must be in compliance with this
Title within ninety (90) days of the effective date hereof.
O. NONCONFORMING SIGNS
1. All permanent Signs hereof shall conform to this Title upon any structural change to the Sign,
Sign base, or Building to which it is attached, or upon any change in the face or copy of the Sign
for the business, subdivision, and/or property to which such Sign pertains if the use associated
with the business, subdivision, and/or property is changed.
P. ENFORCEMENT, VIOLATION AND PENALTIES FOR NONCOMPLYING SIGNS
1. If any Sign is erected or maintained in violation of the provisions of this Title, the City of Eagle
or their representative shall give written notice to obtain permits, repair, remove or replace said
Sign to the person or persons responsible for such Sign or property owner on which Sign is
located. If the responsible person and/or owner fails to obtain permits, repair, remove or
replace the Sign within thirty (30) days after such notice or to make written appeal to the
Council, the Administrator is hereby authorized to cause the removal of such Sign. Nothing
contained herein shall prohibit the immediate removal, without notice, of any Sign or portion of
a Sign which is determined by the Building Official to be an immediate threat or danger to the
public health, safety, or welfare. Any expense incident to the removal of a Sign pursuant to this
paragraph shall be paid by the responsible party and/or owner of the site on which the Sign is
located. The removal of the Sign or portion of the Sign shall be limited to the extent necessary
to eliminate the threat to the public health, safety and welfare. In addition to or in lieu of
removal on noncomplying Signs by the City as permitted by this Title, the City of Eagle or their
representative sworn as a limited purpose deputy, may issue to the known owner of such Sign
an infraction citation which shall be an infraction. Each day a Sign continues in violation of this
Section shall be deemed a separate offense.
2. Community Sign Gallery and Matrix: The below matrix and designs are conceptual and
indicative of the design that is desired.
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Table 3.1
AVIMOR SIGN MATRIX
Use Sign Type Orientation Size Parameters Aggregate Size Limits Illumination Materials
Hotel and
Motel
Building
Wall-mounted •Orientation for
visibility to Hwy 55. No
orientation toward
residential areas
•Signs are allowed on
all public street
frontages as long as
illuminated signage is
not orientated toward
residential
neighborhoods
•2 sq. ft. per 1
linear foot up to
80% of building
frontage
Single tenant
application - 500 sq. ft.
maximum aggregate.
However, applications
must meet indicated
Size Parameters as
noted.
External
Illumination
Halo Illumination
Punch through
letter
•Neon not allowed.
•External, visible raceways not
allowed.
•Custom background cabinets will be
allowed only if such is required by
national brand standards of tenant.
•Letters/graphics to be mounted on
Building façade with repairable
Building surface (i.e. - EFIS, stucco).
Hotel and
Motel
Building
Free-standing
ground
monument
Located at roadway in
front of and adjacent
to the Hotel main
vehicular public entry
point
Freestanding
ground monument
with a maximum
height of 6 ft. and
maximum size of 48
sq. ft.
One monument per
Hotel Building/tenant
External
Illumination
Halo Illumination
Punch through
letter
•Neon not allowed.
•External, visible raceways not
allowed.
•Allowances for tenant design
standards will be considered;
however, cabinets with applied halo
illuminated letters/graphics are
encouraged.
•Monument materials are to be in
keeping with overall project design
guidelines.
Multi-
Tenant
Retail
Shops
Wall-mounted Oriented to the street
immediately adjacent
to storefront
•For primary street
frontage, 1 sq. ft.
per 1 linear foot up
to 80% of store
frontage
•For other
elevations where
signs are applied,
1/2 sq. ft. per 1
linear foot of the
primary frontage
will be allowed
•Sign to occur
within
architecturally
designed sign band
area on main store
frontage
Per tenant application
- 200 sq. ft. maximum
aggregate. However,
applications must
meet indicated Size
Parameters as noted.
External
Illumination
Halo Illumination
Punch through
letter
•Neon not allowed.
•External, visible raceways not
allowed.
•Custom background cabinets will be
allowed only if such is required by
national brand standards of tenant.
•Letters/graphics to be mounted on
Building façade with repairable
Building surface (i.e. - EFIS, stucco).
Multi-
Tenant
Retail
Shops
Window Signage Oriented to the street
immediately adjacent
to storefront
•No more than 25% of
each individual window
area may have signage or
graphics applied to, or
within three feet (3')
behind the window area.
Storefront graphics
aggregate allowances
include all temporary
signage applications
and/or any permanent
identification signage.
Not included in overall
aggregate Sign
allowance as long as
Sign(s) do not exceed
the maximum 25%
allowance
Non-illuminated
Vinyl applied to
store window
Halo Lighting
Self Contained
illuminated Signs
to be approved per
tenant by the City
and ADRC
•White Vinyl (or visible color TBD by
owner) applied to store window
•No printed, hand lettered, window
painted sales promotions will be
allowed.
•No illuminated signage will be
permitted.
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Use Sign Type Orientation Size Parameters Aggregate Size Limits Illumination Materials
Single
Tenant
Pad
Buildings
Wall-mounted •Signs are allowed on
all public street
frontages as long as
illuminated signage is
not orientated toward
residential
neighborhoods
•For primary street
frontage, 1 sq. ft.
per 1 linear foot up
to 80% of store
frontage
•For other
elevations where
Signs are applied,
1/2 sq. ft. per 1
linear foot of the
primary frontage
will be allowed.
•Sign to occur
within
architecturally
designed Sign band
area on Building
frontage(s)
Per tenant application
- 350 sq. ft. maximum
aggregate. However,
applications must
meet indicated Size
Parameters as noted.
External
Illumination
Halo Illumination
Punch through
letter
•Neon not allowed.
•External, visible raceways not
allowed.
•Individual pan channel letters or
graphics with tenant brand Plex color
faces. Trim caps to match letter face.
Returns painted to match Building
surface.
•Custom background cabinets will be
allowed only if such is required by
national brand standards of tenant.
•Letters/graphics to be mounted on
Building façade with repairable
Building surface (i.e. - EFIS, stucco)
Application details to be reviewed
and approved by owner.
Single
Tenant
Pad
Buildings
Free-standing
ground
monument
Located at roadway in
front of and adjacent
to the business main
vehicular public entry
point
Freestanding
ground monument
with a maximum
height of 6 ft. and
maximum size of 48
sq. ft.
One monument per
single pad tenant
Building
External
Illumination
Halo Illumination
Punch through
letter
•Neon not allowed.
•External, visible raceways not
allowed.
•Allowances for tenant design
standards will be considered;
however, cabinets with applied halo
illuminated letters/graphics are
encouraged.
•Monument materials are to be in
keeping with overall project design
guidelines.
Multi-
Tenant
Buildings
Free-standing
ground
monument
Located at roadway in
front of and adjacent
to the Building’s main
vehicular entry point
and/or pedestrian
walkway entry point
Freestanding
ground monument
with a maximum
height of 6 ft. and
maximum size of 48
sq. ft.
Monuments to be
placed in most cases at
vehicular parking
entries, but could be
repeated at major
pedestrian walkway
entries
External
Illumination
Halo Illumination
Punch through
letter
•Neon not allowed.
•External, visible raceways not
allowed.
•Allowances for tenant design
standards will be considered;
however, cabinets with applied halo
illuminated letters/graphics are
encouraged.
•Monument materials are to be in
keeping with overall project design
guidelines.
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AVIMOR SIGN MATRIX
Use Sign Type Function Orientation Size Parameters Aggregate Size
Limits
Illumination Materials
Single
Tenant Pad
Buildings
Window
Signage
•Tenant ID
•Hours of
operation
Oriented to
the street
immediately
adjacent to
storefront
•No more than 25%
of each individual
window area may
have signage or
graphics applied to, or
within three feet (3')
behind the window
area.
Storefront graphics
aggregate allowances
include all temporary
signage applications
and/or any
permanent identify
signage.
Not included in
overall aggregate
Sign allowance as
long as Sign(s) do
not exceed the
maximum 25%
allowance
•Non-illuminated
•Vinyl applied to
store window
•White Vinyl (or visible color TBD by
owner) applied to store window
•No printed, hand lettered, window
painted sales promotions will be
allowed.
•No illuminated signage will be
permitted.
Multi-
Tenant
Office
Wall-
mounted
Tenant ID Oriented to
the street
immediately
adjacent to
storefront
• Signage may
be applied to
Building
exterior not
necessarily
adjacent to
actual interior
tenant space.
•1 sq. ft. per 1 linear
foot up to 75% of
Building frontage
•Signs are allowed on
all public street
frontages as long as
illuminated signage is
not orientated toward
residential
neighborhoods
Per tenant
application - 100
sq. ft. maximum
aggregate.
However,
applications must
meet indicated Size
Parameters as
noted.
Non-illuminated
dimensional letters
•Individual reverse pans channel
letters or graphics with tenant
brand Plex color faces. Trim caps to
match letter face. Returns painted
to match Building surface.
•Custom background cabinets will
be allowed only if such is required
by national brand standards of
tenant.
•Letters/graphics to be mounted on
Building façade with repairable
Building surface (i.e. - EFIS, stucco).
Application details to be reviewed
and approved by owner.
Multi-
Tenant
Office
Free-
standing
Pedestrian
Directory -
Multi-
Office
Tenant
panels
Tenant ID Located on
street level
immediately
adjacent to
office Building
entry or
entrance to
upper-level
office tenants
•All Office Tenants
will be identified on
separate tenant name
panels
•Freestanding ground
monument with a
maximum height of 6
ft. and maximum
overall size of 48 sq.
ft.
One panel per
tenant. Not
included in overall
aggregate Sign
allowance
•Individually halo
illuminated letters
•Neon not allowed.
•External, visible raceways not
allowed.
•Allowances for tenant design
standards will be considered;
however, cabinets with either
routed, Plex-backed letters/graphics
or cabinets with applied halo
illuminated letters/graphics are
encouraged.
•Monument materials are to be in
keeping with overall project design
guidelines.
Live/Work
(non-
residential
space)
Wall-
mounted
wing Sign
•Pedestrian
scale Tenant
ID
Mounted to
wall
immediately
adjacent to
store/Office
entry
•Sign configuration
TBD, however total
allowable is 8 sq. ft. of
Sign panel area.
One wing Sign is
allowed per
Live/Work tenant.
Non-illuminated
hanging Sign panel
mounted to
standard project
mounting
bracket/assembly
.
Painted, cut out, layered, or applied
vinyl signage assemblies suspended
from standard wing Sign bracket
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Multi-
tenant /
Project ID
Highway
Monument
(quantity
10)
Free-
standing
Highway
Monument
- 4-7 tenant
name
cabinets
Project and
Tenant ID
Located on
Hwy 55
adjacent to
Avimor (east
and west side
of hwy) at
future off-
ramp locations
•Major and Minor
retail tenants will be
identified on separate
tenant name cabinets
(4 to 7)
•Major cabinet is
approx. 36 sq. ft. (dbl
sided)
•Each Minor tenant
cabinet is approx. 20
sq. ft. (dbl. Sided) or
10 if split into two
tenant panels
One Major panel.
Not included in
overall aggregate
Sign allowance
Individually halo
illuminated letters
•Neon not allowed.
•External, visible raceways not
allowed.
•Only logos/logotype font may be
internally illuminated in Sign
cabinets and must be Plex-backed
on double sided faces.
•Tenant logos/logotype may be
used, however all Plex is white
•Project ID is reverse pan
letters/graphic and halo illuminated
•Neon not allowed.
•External, visible raceways not
allowed.
•Cabinets with applied halo
illuminated letters/graphics.
•Monument materials are to be in
keeping with overall project design
guidelines.
Trail Free-
standing
ground
monument
Trail ID Located at
Trail Heads
and Trail
Intersections
for Trail ID
•Regional Sign ID not
to exceed 30 sq. ft,
•Trail ID not to
exceed 6 sq. ft. each
side
NA Ground mounted
flood lights on
monument only.
No overcasting or
toward residential
neighborhoods
•Monument materials are to be in
keeping with overall project design
guidelines.
Entry Free-
standing
ground
monument
Project ID Located at
roadway in
front of and
adjacent to
the main
vehicular
public entry
point
Sign area to be 80 ft.
maximum
NA
Individually halo
illuminated letters.
Ground mounted
flood lights on
monument only.
No overcasting or
toward residential
neighborhoods
•Neon not allowed.
•External, visible raceways not
allowed.
•Allowances for tenant design
standards will be considered;
however, cabinets with either
routed, Plex-backed letters/graphics
or cabinets with applied halo
illuminated letters/graphics are
encouraged.
•Monument materials are to be in
keeping with overall project design
guidelines.
Marketing Free-
standing
ground
monument
Community
Event Info
and Project ID
Signs are
allowed on all
public street
frontages
Freestanding ground
monument with a
maximum height of 9
ft. and maximum
overall size of 78 sq.ft.
NA Ground mounted
flood lights on
monument only.
No overcasting or
toward residential
neighborhoods
•Materials are to be in keeping with
overall project design guidelines.
Place card Free-
standing
ground
monument
Project ID Located at
roadway in
front of and
adjacent to
the main
vehicular
public entry
point
Freestanding ground
monument with a
maximum height of 8
ft. and maximum
overall size of 78 sq.
ft.
NA Individually halo
illuminated letters.
Ground mounted
flood lights on
monument only.
No overcasting or
toward residential
neighborhoods
•Neon not allowed.
•External, visible raceways not
allowed.
•Allowances for tenant design
standards will be considered;
however, cabinets with either
routed, Plex-backed letters/graphics
or cabinets with applied halo
illuminated letters/graphics are
encouraged.
•Monument materials are to be in
keeping with overall project design
guidelines.
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Banner Free
Standing
poles
Community
Event Info
and Project ID
Signs are
allowed on all
public street
frontages as
long as
illuminated
signage is not
orientated
toward
residential
neighborhoods
Maximum height of
14’ and maximum
overall size of 32 sq.
ft.
NA Non-illuminated
•Materials are to be in keeping with
overall project design guidelines.
Directional
/wayfinding
Free-
standing
ground
monument
Community
Event Info
and Project ID
Oriented
perpendicular
to the street
immediately
adjacent
Freestanding ground
monument with a
maximum height of 9
ft. and maximum
overall size of 78 sq. ft
NA Non-illuminated
•Materials are to be in keeping with
overall project design guidelines.
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Community Directional – Exhibit 3.11
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Community Monument Signage – Exhibit 3.12
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Community Entry Sign – Grade Adaptive – Exhibit 3.13
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Community Entry Sign with Berm – Exhibit 3.14
Community Entry Sign with Wall – Exhibit 3.15
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Community Entry Signs – Exhibit 3.16
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Community Trail Signs – Exhibit 3.17
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Facility or Amenity Freestanding – Exhibit 3.18
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Facility or Amenity Place Card - Exhibit 3.19
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Freestanding Multi-Tenant – Exhibit 3.20
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Highway Monument – Exhibit 3.21
Construction Signage for Highway – Exhibit 3.22
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Office Multi- Tenant – Exhibit 3.23
Office Single Tenant Signage – Exhibit 3.24
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Retail Shop Signage – Exhibit 3.25
11B-3-9 LIGHTING:
A. General:
1. Street lighting will be restricted to intersections, in public parking areas, and specified public
places in the Village Center Land Use District. All other districts shall not require lighting at these
locations or others. All such lighting shall be controlled to prevent spillage and glare in
accordance with Dark Sky standards.
2. Pedestrian areas, patios, sidewalks, and Building entrances, in the Village Center, should be
adequately lit to provide safety and security.
3. Any lights used to illuminate a site and Building shall be arranged to reflect the light away
from the adjoining property.
4. Recessed down-lights are encouraged at entries and patios. Surface-mounted light fixtures
shall have shielded light sources with bulbs or tubes not directly visible. Wall or eave- mounted
floodlights, including motion-sensor lighting, are prohibited.
5. Building light fixtures shall be designed or selected to be architecturally compatible with the
main structure, which should complement the theme of the surrounding area.
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6. Blinking, flashing lights, and exposed neon lighting used to illuminate Building façades or to
outline Buildings are prohibited.
7. Parking Lot lighting should be shielded to have a minimal effect on surrounding properties
and Buildings. Lighting should be directed downward to minimize glare, and light intensity
should be of satisfactory quality to ensure visibility, safety, and security.
8. Landscape lighting shall be low-voltage only and controlled with an electric clock or photo-
cell device. Light sources must be shielded from view with perimeter landscaping providing a 12-
month screen of sufficient height and Density to conceal such fixtures. Controller equipment
must be located in a discreet location or screened from view from the street or adjacent
property.
9. Exterior lighting design shall promote Dark Sky principals.
B. LIGHTING DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS
1. Subject to the Dark Sky standards set forth in this Chapter, exterior lighting shall comply with
Section 11B 3-9-F of this Chapter.
2. Site Lighting: Parking areas used during the hours of darkness shall have lighting that provides
adequate illumination, security, and safety while maintaining Dark Sky principles. The only
parking areas that may be required to be lit are parking areas located within the Village
Commercial.
3. Lighting Plans: All plans shall be reviewed and approved by the City of Eagle Administrator
prior to issuance of a Building/zoning permit.
4. Screening and/or Landscaping: Parking Lot screening and landscaping shall comply with this
Chapter.
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5. Area Lighting shall meet the general requirements of the following schedule:
Area Lighting Standards Schedule
Uses
Streets
Site lighting > 1
acre or Parking
Lots > 100 cars
Site lighting < 1
acre or Parking
Lots < 100 cars
Recreation
fields,
courts and
other
sports
facilities
Sub-Use Districts Village
Commercial
(VCOM), Highway
Mixed Use
(HMU), Mixed
Use (MU) and
Community
Commercial (CC)
Village
Commercial
(VCOM), Highway
Mixed Use
(HMU), Mixed
Use (MU),
Community
Commercial (CC),
Village
Commercial
(VCOM), Highway
Mixed Use
(HMU), Mixed
Use (MU),
Neighborhood
Commercial (NC)
and Multi-family
1 (MF1)
Any
Permitted
or
Approved
Conditional
Use Zone
Maximum mounting
height * 25' 25' 25' 30'
Maximum Ave.
Footcandles 1 fc .5 fc .5 fc 1.5 fc
Maximum
Luminance 7000 8000 7000 9000
Maximum Kelvin
Temp 3000 3000 3000 3000
Maximum Trespass
into residential or
Common Area uses
0.01 Fc at 15'
from property
line
0.01 Fc at 15' from
property line
0.01 Fc at 15'
from property
line
0.01 Fc at
20' from
property
line
Minimum Uniformity NA 8:1 5:1 5:1
* All fixtures shall be full cut-off
* Any lighting placed with within 50’ of an occupied residence shall require a reduced height of
15’
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6. Building Lighting shall meet the general requirements of the following schedule:
Building Lighting Standards Schedule
Uses
Commercial Buildings, Civic
Buildings, Public Buildings
and Quasi-Public Buildings:
Single Family and Multi-
Family residential Buildings
Maximum mounting height 20'
15' except recessed soffit
lights and can lights
Maximum Ave. Footcandles 1fc .5 fc
Maximum Luminance 8000 7000
Maximum Kelvin Temp 4000 3000
Maximum Trespass into
residential or Common Area uses .01 fc at 15' from property .01 fc at 5' from property
Maximum Flood Light angle 40 degrees 40 degrees
Minimum Uniformity NA NA
* Mounting Height shall include the base
C. EXTERIOR LIGHTING:
1. All exterior lighting shall provide acceptable qualities and quantities of illumination for its
function and minimize off site glare and light trespass. Any lights used to illuminate a site shall
be arranged to reflect light away from the adjoining property.
2. Lighting design shall promote Dark Sky principles and minimize light pollution by incorporating
lighting practices that minimize the amount and area of illumination. Such practices include:
a. Providing lighting fixtures that maximize uniformity and minimize lamp wattages;
b. Providing energy efficient light sources;
c. Minimizing light trespass and glare by aiming fixtures downward, shining light only where
it is needed, shielding light from adjacent property, and preventing light from escaping
upward, causing sky glow; and
d. Minimizing the duration of illumination of certain light sources by having lights out as long
as practical.
D. SPORTS LIGHTING:
1. General Requirements: All exterior sports and recreational lighting installations shall require
a conditional use permit. Photometric calculations by a licensed electrical engineer are required
in all applications. Additionally, all lighting must comply with Section 11B-3-9-F of this Chapter.
E. PATHWAY/TRAIL AREA LIGHTING:
1. To facilitate Dark Sky principles, Pathways and Trails shall not be lit except within the VCOM
Sub-Use District.
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2. Allowed pathway and lighting shall consist of only two (2) lighting types: (i) pole lights; and
(ii)bollard lights in compliance with Dark Sky standards. Bollard lighting shall be restricted 32” to
44” in height.
F. DARK SKY:
1. All lighting within Avimor shall comply with the following:
a. Provide shielded down-lighting of the patio and plaza areas to promote safety;
b. Street lighting will be limited to intersections, along the Village Commercial areas, in public
parking areas. All such lighting shall be controlled to prevent spillage and glare;
c. Pedestrian areas, patios, sidewalks, and Building entrances within the non-residential
areas, should be adequately lit to provide safety and security;
d. Lighting shall be limited to the Building area;
e. Recessed down-lights are encouraged at entries and patios. Surface-mounted light fixture
shall have shielded light sources with bulbs or tubes not directly visible. Wall or eave
mounted floodlights, including motion-sensor lighting, are prohibited;
f. Skylights are very useful in conserving energy, but they can provide objectionable light
spillage and glare in the night sky. Skylights are allowed on residential Units, but they must
ensure they are not unsightly and do not cause undue light spillage;
g. Permanent blinking, flashing lights, and exposed neon lighting used to illuminate Building
façades or to outline Buildings are prohibited;
h. Parking Lot lighting should be designed to have a minimal effect on surrounding properties
and Buildings. Lighting should be directed downward to minimize glare, and light intensity
should be of satisfactory quality to ensure visibility, safety, and security;
i. Landscape lighting shall be low-voltage only and must be shielded from view;
j. Business signage shall avoid glare or visual interference for vehicular and pedestrian safety;
and
k. Energy efficiency and low wattage, high life lighting is encouraged.
11B-3-10 ADMINISTRATIVE AND BOARD LEVEL APPLICATIONS:
A. Administrative Level Design Review Applications: All design review applications shall be reviewed
and shall be acted on by the Administrator, except for applications for development specifically
listed in subsection B below.
B. Board Level Design Review Applications: Shall be scheduled as stipulated in this Chapter. Design
review applications for the following types of development shall be reviewed, and shall be acted on
by the Design Review Board:
1. One or more new Buildings subject to design review;
2. An addition to an existing Building, subject to design review, which is greater than twenty five
percent (25%) of the existing Gross Floor Area;
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3. New Building facades with material changes, subject to design review;
4. An addition to an existing Building subject to design review that is equal to or greater than
twenty thousand (20,000) s.f.; and
5. Master Sign plans which include five (5) or more businesses.
C. Concurrent Sign And Building Applications: All Sign applications (including master Sign plans)
made pursuant to this Chapter that accompanies new development subject to design review are
required to be submitted for review contemporaneously with the Building design review application
is made. This Section is not intended to apply to Sign applications made for the advertisement of
businesses in existing Buildings where no changes are proposed to the Building at the time of the
application.
D. Administrator Decision: The ultimate decision of whether an administrative level review or board
level review will be required shall be determined by the Administrator.
11B-3-11 APPLICATION AND PERMIT REQUIREMENTS:
A. Applicability: Except as otherwise provided in this Chapter it shall be unlawful for any person to
erect, move, construct, alter, or enlarge any Sign without first obtaining the appropriate permits
and approvals.
B. Required Reviews and Approvals: Except as otherwise provided in this Chapter, all Signs shall be
subject to design review, either administrative staff level or board level review in accordance with
this Title.
C. Structural Design Criteria: All monument Signs shall be designed to resist the minimum wind load
as specified in the current City adopted International Codes.
D. Validity and Transferability: If work authorized under a permit has not been commenced within
180-days after the date of issuance, said permit shall become null and void. Permits are
nontransferable.
E. Master Sign Plans: A “master Sign plan”, as defined by this Chapter, shall be required to be
submitted to the City for review and approval for the following:
1. Building complexes and business parks;
2. Multi-tenant Building and/or structures;
3. Shopping Centers and mini-malls;
4. Multiple Buildings on a single site or development; and
5. Any arrangement of Buildings or shops which constitute a visual entity.
F. The purpose of the master Sign plan is to coordinate Signs, and create a plan that establishes a
Building or site’s overall Sign design. The master Sign plan shall show Sign colors, styles and locations
of Buildings, maximum size, illumination, and materials to be used.
G. The master Sign plan may be approved by the City with elements that require suspension or
relaxation of the height, area, number of Signs, or locations of Signs specified within this Title if the
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City Design Review Board finds that extraordinary conditions exist which allow suspension or
relaxation, but that any suspension or relaxation will still meet the intent of this Title and:
1. The development site contains unique or unusual physical conditions such as topography,
proportion, size or relation to a public street that would limit or restrict normal Sign visibility.
2. The proposed or existing development exhibits unique characteristics of land use,
architectural style, site location, physical scale, historical interest or other distinguishing
features that justify variation from conventional development.
3. The proposed signage incorporates special design features such as logos, emblems, murals,
statuaries or similar architectural elements that are designed in a manner determined by the
City to be architecturally compatible to the Sign and area.
H. Concurrent:
1. All Sign applications made pursuant to this Chapter are required to be submitted for review
at the time the respective Building design review application is made, unless otherwise specified
in this Chapter. For commercial plats, a master Sign plan is required to be submitted with the
plat for preliminary approval. This Section is not intended to apply to Sign applications made for
the advertisement of businesses in existing Buildings where no changes are proposed to the
Building at the time of the application.
2. Application for Permanent Sign Permits: Application for a Sign permit shall be made upon
forms furnished by the Administrator and shall be accompanied by such information as may be
required to ensure compliance with this Title Sign applications shall be accompanied by the
following:
a. A site plan (to scale and fully dimensioned) showing the location of the site, all property
lines, easements, Setbacks, landscaping areas, and indicating the location of all Signs;
b. An elevation drawing, footing design, connection details and specifications for all
monument Signs. All drawings and details shall be to scale and fully dimensioned;
c. A master Sign plan is required to be submitted for any cluster of Buildings intended for
business occupancy, or any single Building containing more than one business or any
arrangement of business Buildings or shops which constitute a visual entity. These include
developments such as Shopping Centers, mini-malls, business parks, and multi-tenant
commercial, Office or industrial Buildings housing four or more businesses. Additionally, a
master Sign plan may be submitted for a single business if the owner chooses to submit an
application for a master Sign plan for said business;
d. Structural engineering calculations for monument Signs that are over fifteen (15’)feet in
height; and
e. An elevation, connection details and specifications for all attached wall Signs. All drawings
and details shall be to scale and fully dimensioned.
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I. Application for Temporary Sign Permits:
1. Application for temporary Signs as required in this Chapter shall be made upon forms
furnished by the Administrator and shall be accompanied by such information as may be
required to ensure compliance with this Title. Sign applications shall be accompanied by the
following:
a. A site plan (fully dimensioned) showing the location of the site, all property lines,
easements, Setbacks, landscaping areas, and indicating the location of all Signs;
b. An elevation drawing depicting the size, message or advertisement, connection method,
and design color scheme; and
c. Fees: Sign permit applications shall be accompanied by fees as established by Council
resolution.
J. Activities Exempt from Permit Requirements: The following activities do not require a Sign permit.
1. For Signs conforming to this Chapter, a permit shall not be required for a change of face, copy
and/or logo on any such Sign, cleaning, and normal maintenance and repair of a Sign, provided
that the Sign structure is not changed in any way and provided that the colors previously
approved are not changed.
11B-3-12 NOTIFICATION:
The Administrator shall provide notice to applicant, owner, purchaser of record, at least seven (7)
days prior to the design review board meeting.
11B-3-13 DESIGN REVIEW APPLCIATION PROCESS:
A. Design Review Application Scheduling: At least thirty-five (35) days prior to action by the
Administrator or design review board, anyone required to comply with this Title shall submit their
application, together with the required fee, to the Administrator. The Administrator may extend
the review time for design review applications that are unusually large or complicated and may
decrease review times for applications that are minor or do not require transmittals to other
agencies. At least seven (7) days prior to any scheduled design review board meeting, all
applications to be considered at that meeting shall be made available to each member of the
board.
B. Action And Required Findings: Following a complete review of the design review application,
the Administrator or Design Review Board, whichever is applicable, shall approve the application
as presented, approve the application with supplementary conditions, continue the application for
further review, or deny the application.
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial; and
c. The actions, if any, that the applicant could take to obtain approval.
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2. General Standards For Design Review: The Administrator or Design Review Board, whichever
is applicable, shall review the particular facts and circumstances of each proposed design
review in terms of the following standards and shall find adequate evidence showing that such
design review at the proposed location:
a. Will function in conformance with the regulations of this Title;
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;
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 surrounding Buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in
relation to artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and
pedestrians through patterned traffic circulation and connectivity to abutting
development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian
friendly and walkable environment in balance with protecting a viable commercial center
in the area; and
i. Will have Signs, if proposed, that are harmonious with the architectural design of the
Building and adjacent Buildings, and will not cover or detract from desirable architectural
features.
11B-3-14 APPEALS:
See Chapter 7 this Title.
11B-3-15 TERMS OF APPROVAL:
A. Any approval given pursuant to the provisions of this Chapter shall lapse and become null and
void twelve (12) months following the date on which it was given, unless, prior to the expiration
date, construction or development is commenced and diligently pursued toward completion on the
site which was the subject of the application.
1. A maximum twelve (12) month extension of the time limit of the approved design review
application may be approved by the City Council, at its sole discretion, if the following findings
are made:
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a. There are no outstanding design review conditions of approval violations on the subject
property. If such violations exist, they may be conditioned by the City Council to be cured as
a condition of the extension of time;
b. The design review application, as previously approved, remains in the best interests of the
health, safety, and general welfare of the City;
c. There have been no significant changes to this Title between the date of application
approval and the application date of the time extension request that would require
substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on the
project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates that the
project will commence within the year; and
g. The applicant has provided a schedule that depicts the anticipated progress of the project.
2. The City Council reserves the right to revoke the extension of time approval if it finds that any
of the criteria herein are not met.
3. This Section does not limit the number of extensions the City Council may grant to an applicant
so long as the criteria set forth in this subsection are met. Nothing in this Section requires the
City Council to grant any extension of an approval period.
11B-3-16 MODIFICATIONS:
After approval of a design review application, the applicant may request a modification(s) to the
approved Development Plans or conditions. Such request shall be made upon an application form
prescribed by the Administrator and shall be determined pursuant to the standards set forth in this
Chapter.
A. Administrative Level Approvals: The Administrator is authorized to approve all modifications to
approved design review applications except for those listed in subsections B and C of this Section.
B. Board Level Approvals: The following modifications to an approved design review application
shall require approval from the design review board:
1. Any change that may impact an adjoining residential neighborhood; and
2. Any requests that, in the opinion of the Administrator, would significantly alter the approved
design of the site and/or Building(s) in a manner such that design review board review and
approval should be required.
C. City Council Approvals: City Council approval is required for any request to change or delete a
condition of approval which was established by the Council as part of their approval of any design
review application which was appealed to the City Council for their action.
D. Appeal: Any action on a modification to an approved design review application by either the
Administrator or design review board may be appealed in accordance with Chapter 7 of this Title.
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E. Failure To Obtain Approval: Failure of the applicant to obtain approval of any modifications
constructed contrary to the approved design review plans may result in the requirement to
reconstruct the development to comply with the original City approved design review plan. The City
will not issue a final occupancy or accept a certificate of completion from the licensed architect or
licensed landscape architect until the issue of the modification has been resolved.
11B-3-17 RESTRICTIONS ON OTHER REQUIRED DOCUMENTS:
A. Building/Zoning Permits: The Administrator shall not issue a Building/zoning permit to any
applicant from within the design review overlay district until the design review application has been
specifically approved in writing by the Administrator or Design Review Board and is in full
compliance with this Title.
11B-3-18 SURETIES:
A. A. Prior to the issuance of a temporary certificate of occupancy, a surety in the form of an
irrevocable letter of credit, or cash, in the amount equal to one hundred fifty percent (150%) of
the estimated construction costs of site improvements, landscaping and irrigation shall be
provided by the owner/developer to the City to be held and deposited by the City until said
construction, landscaping and irrigation is complete. Construction cost estimates shall be
reviewed and approved by the Administrator prior to City acceptance of said surety.
The surety initiation and extension fees shall be established by resolution of the City Council. No
final certificate of occupancy shall be issued until the landscaping and irrigation and required
construction is complete. In the event the owner/developer fails to complete all improvements
required pursuant to the City approved plans the City may, after written notice of intent to
proceed, draw on the surety to completely install, repair, or replace any and all improvements
which are the subject of noncompliance.
11B-3-19 INSPECTION:
A. When Required: For any development that is the subject of a design review application, the
Administrator shall cause an inspection of the development to be performed to verify that the
development has been completed in accordance with the specifications set forth in this Title.
B. Certification Of Completion:
1. Upon the completion of a Building, or any other improvement subject to design review
approval, the licensed architect responsible for the plan shall prepare and file with the City a
written certification of completion. The certification of completion shall state that the
construction of the Building is in substantial compliance with the City approved architectural
plan. This certification shall be submitted prior to the issuance of a certificate of occupancy and
is required as a part of, and not in lieu of, the inspections performed and certificates issued by
the City;
2. In the event that deficiencies are present in the construction of the Building, or any other
improvement subject to design review approval, the licensed architect shall prepare and file
with the City a report noting the deficiencies in the construction. The City will not accept a
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certification of completion, or issue a certificate of occupancy, until the licensed architect has
verified that the deficiencies have been corrected; and
3.The licensed architect may, at their discretion, appoint an authorized designee to certify the
project provided that the designee is a licensed architect.
C. Certificate Of Occupancy: The Building inspector shall not issue a final certificate of occupancy to
the applicant until all of the requirements of the design review applications, as approved by the
Design Review Board, have been complied with.
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CHAPTER 3A
VILLAGE ONE DISTRICT DESIGN AND DEVELOPMENT STANDARDS
11B-3A-1 APPLICABILITY: This Chapter 3A shall govern and control all development within the
Village One District. The provisions of this Title, including, but not limited to Chapter 3, shall
govern all standards or processes that are not specifically identified, set forth, or modified by this
Chapter 3A.
11B-3A-2 VILLAGE ONE LAND USE PLAN
The Village One Land Use Plan, shown as Figure 3A.1, below, designates the Sub-Use Districts in
the Village One District.
Figure 3A.1 – Village One Land Use Plan
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11B-3A-3 ROAD STANDARDS:
A. The design of the on-site vehicular, bicycle and pedestrian circulation system for the Village One District is
focused on the following objectives:
1. Meeting the intent of the Ada County Highway District (ACHD) design standards and
guidelines;
2. Meeting the response and access needs of emergency service providers;
3. Providing an efficient and safe network of vehicular, bicycle, and pedestrian facilities that
support the multi- modal vision of the development;
4. Supporting the planned land uses of the development; and
5. Blending into, respecting, and preserving the natural rural environment.
B. The Village One District street standards are based on ACHD standards. However, given the
diverse character of the Village One District there may be modifications or exceptions based on
location and site-specific conditions that will be proposed to ACHD early in the preliminary platting
process and will address these unique requirements of each development phase. The authorized
roadway standards for the Village One District include:
1. RESERVE AND COTTAGE RESIDENTIAL STREETS: These standards are appropriate in the RR
and CR Sub-Use Districts.
A. ACHD sections for
(1) Two-lane Collector;
(2) Two-lane, residential collector; and
(3) Two-lane, minor local.
B. Modifications/Exceptions
(1) Option to replace curb and gutter with ribbon curb in large Lot Areas
with moderate grades;
(2) Separated (one-way) travel lanes in steeply-sloped areas with twenty
foot (20 foot) wide lanes to meet emergency service provider
requirements;
(3) Single, separated pedestrian facility in large Lot Areas; may be located
in ACHD right-of-way or within an easement adjacent to street;
(4) The twenty-nine foot (29’) reduced street section, may be modified to
allow parking on both sides with Fire District approval; and
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(5) One side-only parking areas will be denoted by “chokers” and
pavement striping, not signage, except for one “No Parking” Sign located at the beginning
of the restricted block.
2. PHASE 1 MIXED USE STREETS: These standards are appropriate in the P1MU Sub-Use District:
A. ACHD sections for:
(1) Three-lane collector;
(2) Two-lane, standard local;
(3) Two-lane, minor local; and
(4) Two- Lane, local minor.
B. Modifications and Exceptions:
(1) Addition of planted median, where appropriate, instead of turn lane;
(2) One-way sections around greens and parks designed to meet Emergency
standards with On Street Parking on at least one side (see Village One-Way
Option graphic, following page);
(3) The twenty-nine foot (29’) reduced street section, may be modified to allow parking on
both sides with Fire District approval; and
(4) One side-only parking areas will be denoted by “chokers” and pavement striping, not
signage, except for one “No Parking” Sign located at the beginning of the restricted block.
3. SPECIAL STREET SECTIONS:
A. Within the Village One District, specialized facilities-roadways, lanes,
alleys, and Emergency or maintenance accesses, are allowed to address site
specific conditions or community design. Allowed special street sections include the following:
(1) Constrained: An optional roadway section is available for Village One
District streets in steeply sloped areas that cannot reasonably accommodate the standard
width required for the typical section. This section includes a forty (40) foot right-of-
way with two (2), ten (10) foot travel lanes and two (2) foot ribbons (or vertical) curbs on
each side. Drainage is accommodated by a grass swale on the uphill side of the street.
Protection for pedestrians is by a standard raised curb or a special wood guardrail
depending on the separation between the vehicle travel-way and the single
pedestrian path located within the right-of-way, on the downhill side of the street.
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(2) Village One Lane: Village One lanes are for limited use to provide
access to individual residential driveways or connections for alleys in
areas that do not require On Street Parking or pedestrian facilities. The
typical section is a twenty-two (22) foot paved travel way and no
sidewalks. The minimum right-of-way will be thirty (30’) feet.
(3) Mixed Use Alley: Mixed Use Alley will eliminate driveways and
conflicts on some streets. Fewer driveways on streets will result in more
On Street Parking, fewer conflicts between pedestrians and vehicles, and
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eliminate the need to have garages lining residential streets. Alleys will
be used for utilities and trash collection. The typical Alley section
includes a twelve (12) foot paved lane with eight (8) inch concrete
ribbon curbs plus a three to four (3-4) foot landscaped buffer on each
side. In locations where alleys intersect, flatter curves or widening may
be required to accommodate turning vehicles.
(4) One-Way Option: One-way streets will provide vehicular circulation
around greens or park areas. The street section within a forty (40) foot
right-of-way consists of a twenty to twenty-seven (20-27) foot travel way,
an optional bike lane (where applicable) On Street Parking on one side (to
the right of traffic flow), a five (5) foot planter strip, and detached
sidewalk. The planter strip is optional and the sidewalk may meander or
be adjacent to the curb. On Street Parking may be provided along the
interior park area (to the left of traffic flow) if located in pods of two (2)
or four (4) parallel Parking Spaces and the twenty (20) foot travel way is
maintained.
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(5) Restricted Emergency / Maintenance Access (Private):
Where fully-improved roadway connections between residential clusters
are impractical or where maintenance access to a community facility is
required, a twenty (20) foot-wide paved access will be constructed to
provide maintenance or secondary Emergency connections. Vehicular use will be
restricted to maintenance or emergency vehicles by Fire District-approved bollards or gates, but
the access will be open for use by pedestrians and bicyclists. The twenty (20) foot paved travel
way will be located within a twenty-four (24) foot easement.
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CHAPTER 3B
BOISE COUNTY PHASE 1 SUBDIVISION LAND USE MAP
11B-3B-1 Applicability: This Chapter 3B shall govern and control all development and land uses
within the Boise County Phase 1 Area. The provisions of this Title, including, but not limited to
Chapter 3, shall govern all standards and processes for development in the Boise County Phase 1
Area that are not specifically identified, set forth, or modified by the Avimor Development
Agreement.
11B-3B-2 BOISE COUNTY PHASE 1 SUBDIVISION LAND USE MAP
The Boise County Phase 1 Subdivision Land Use Map, shown as Figure 3B.1, below, designates the
Sub-Use Districts in the Boise County Phase 1 Area.
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Figure 3B.1 – Boise County Phase 1 Subdivision Land Use Map
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CHAPTER 4
SPECIFIC USE STANDARDS
11B-4-1: PURPOSE
The purpose of Specific Use Standards is to set specific conditions for various uses where problems
are frequently encountered.
11B-4-2: SUPPLEMENTAL GENERAL PROVISIONS
In addition to all other regulations as specified in this Title, the following provisions shall be adhered
to:
A. Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an
increased number of Dwelling Units unless:
1. The Lot Area per family equals the Lot Area requirements for new structures in that district
and the number of Dwelling Units per acre is less than or equal to the requirement in that
district; or
2. The conversion does not exceed the total number of Units allowed in Avimor.
B. Temporary Buildings: Temporary Buildings, construction Trailers, equipment and materials used
in conjunction with construction work only shall be permitted in any district during the period
construction work is in progress, but such temporary facilities shall be removed upon completion
of the construction work. Storage of such facilities or equipment beyond the completion date of
the project shall require a zoning permit authorized by the Administrator.
C. Parking And Storing Of Certain Vehicles: Automotive vehicles or trailers of any kind or type
without current license plates shall not be parked or stored on any residentially zoned property
other than in a completely enclosed Building or carport. Further, no boats, motor homes or other
recreational vehicles shall be parked more than seventy-two (72) consecutive hours in front of
any residentially zoned property. One boat and one recreational vehicle may be stored in the
side or rear yard.
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11B-4-3: COMMERCIAL AND INDUSTRIAL USES RESTRICTED
A. Performance Requirements: No land or Building in any Land Use District shall be used or
occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable
conditions which could adversely affect the surrounding areas or adjoining premises; except,
that any case permitted by this Title may be undertaken and maintained if acceptable measures
and safeguards to reduce dangerous and objectionable conditions to acceptable limits as
established by the following performance requirements:
1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials
shall be protected by adequate firefighting and fire prevention equipment and by such safety
devices as are normally used in the handling of any such material. Such hazards shall be kept
removed from adjacent activities to a distance which is compatible with the potential danger
involved as specified in the uniform fire code and the national safety foundation
publications;
2. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any
point, or electrical disturbance adversely affecting the operation of any equipment at any
point other than that of the creator of such disturbance.;
3. Noise: Objectionable noise, as determined by the Administrator, which is due to volume,
frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related
apparatus used solely for public purposes are exempt from this requirement;
4. Vibration: No vibration shall be permitted which is discernible without instruments on any
adjoining Lot or property;
5. Air Pollution: Air pollution shall be subject to the requirements and regulations established
by the health authority;
6. Glare: No direct or reflected glare shall be permitted which is visible from any property
outside a Manufacturing district or from any street;
7. Erosion: No erosion by man, wind or water shall be permitted which will carry objectionable
substances onto neighboring properties; and
8. Water Pollution: Water pollution shall be subject to the requirements and regulations
established by the health authority.
B. Measurement Procedures: Methods and procedures for the determination of the existence of
any dangerous and objectionable elements shall conform to applicable standard measurement
procedures published by the American standards institute, New York, the Manufacturing
Chemists’ Association, Inc., Washington, D.C., the United States bureau of mines and the health
authority.
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C. Enforcement: The Administrator, prior to the issuance of a zoning permit, may require the
submission of statements and plans indicating the manner in which dangerous and
objectionable elements involved in processing and in equipment operations are to be
eliminated or reduced to acceptable limits and tolerances.
11B-4-4: SPECIFIC LAND USE STANDARDS
Certain land uses may pose special circumstances that may have detrimental effects on surrounding
land uses and require specific conditions. In addition to the other requirements of these standards,
the following standards apply to the uses listed in this Chapter. If the proposed use does not meet
the standards contained herein, and is otherwise not subject to a conditional use permit, then a
conditional use permit shall be required.
A. Aggregate Processing, Asphalt, and Concrete Batch Plants:
Any new Aggregate Processing, Asphalt, and Concrete Batch Plant is permitted with a conditional
use permit subject to the following conditions:
1. The operator shall obtain all required permits and comply with all applicable local, state and
federal regulations;
2. The plant shall be erected as a Temporary Use for the sole purpose of providing asphalt or
concrete to support development within Avimor or use on any projects that are placed as a
condition of approval on the Avimor development. The plant and all associated structures
shall be removed from Avimor following cessation of operations;
3. The plant operator shall treat all haul routes and parking areas with an effective dust
inhibiting surface;
4. Plant operations may be conducted employing portable equipment which contain and utilize
state-of-the-art pollution control features. A 70-foot-high silo will be the maximum allowable
height for these operations. All other activities shall be maintained within thirty-five (35)
feet or less in height. The operator shall shield such activities by using measures to reduce
noise, visual impact, and dust on existing and future commercial and residential
developments within Avimor. Concrete operations shall incorporate an automatic shut-off
valve for the cement and fly ash fill tubes. The shut-off valve will prohibit bulkers from over
filling silos and adding particulate matter to the atmosphere;
5. The operator shall take such steps as are necessary to mitigate the visual, noise, dust, and
any other impacts on nearby residential and/or commercial development from operation of
the plant. The operator shall comply with the following:
a. Prior to start-up, all plant facilities shall be shielded, both visually and audibly from the
existing and future residential and commercial development. The maximum noise level
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at the property line shall be 70 dB. See also the buffer area and screening requirements
in Section 3 -7 of this Title;
b. The operator shall treat all Access Roads, haul roads and parking areas with an effective
dust inhibiting surfacing. The operator shall submit a plan to the City showing planned
treatment of all Access Roads, haul roads, and parking areas as part of the permitting
process;
c. The operator shall clean the Access Road(s) at a frequency that effectively controls
material buildup and associated dust or other hazards;
d. The operator shall at all times keep the plant sites and excavation sites free from the
accumulation of waste materials, rubbish, debris and toxic or hazardous materials
caused by his/her operations and operations of any subcontractors;
e. Ready-mixed concrete and asphaltic concrete batch plants shall be portable facilities
employing state-of-the-art production and pollution control features;
f. The operator shall install and utilize an effective system to control spillage of diesel fuel
and other materials used to clean or coat trucks used to transport asphaltic concrete;
g. The operator shall comply with fire department regulations for all tanks containing fuel
or hazardous materials;
h. The operator shall take steps necessary to eliminate dust, sand and other materials from
being blown from trucks leaving the plant sites and excavation sites. These steps may
include wetting of material after loaded onto trucks and truck covers;
i. The primary processing plant shall be located and operated in those locations where it
does not have a sustained noticeable impact on residential and/or commercial
developments. It is anticipated that the impact from the primary plant will be dependent
on its distance from residential/commercial development, combined with the length of
time the plant shall be located at the specific plant site. At a minimum, the plant shall be
located five hundred (500’) feet from any residential property;
j. Trucks shall not use compression brakes within Eagle City limits;
k. All lights, except those on mobile equipment, shall be directed downward and shielded
to the extent possible so as not to shine towards any occupied residences within one-
half mile; and
l. Location of the plant equipment and hours of operation shall be submitted to the City
for administrative approval. Normal operations are 6:00 a.m. to 8:00 p.m. Monday
through Saturday from June through September and 7:00 a.m. to 8:00 p.m. Monday
through Saturday during other months.
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6. New plants shall require site plan review and conditional use permit approval by the City;
7. The operator shall submit a demobilization and site clean-up plan with the conditional use
permit application. The plan shall include the requirement for the operator to engage a
licensed engineer to perform a Phase 1 Environmental Site Assessment (ESA) upon
demobilization of the plants, and, if recommended by the Phase 1 ESA, the operator shall
perform a Phase 2 ESA and perform all required clean-up operations. The conditional use
permit shall set forth the duration of the use and
8. A change in location, expansion, or an extension of time period for use shall require a new
conditional use permit.
B. Animal Daycare:
1. See “Kennel and Pet Shop” for the specific land use standards that apply to the Animal Daycare
use.
C. Agriculture:
1. The feeding or sheltering of livestock or poultry in penned enclosures shall not occur within
fifty (50’) feet of any existing residential property other than on the property for which the
livestock is being fed or sheltered.
D. Auto Body Shop:
1. The use shall be buffered from the residential property and landscaped pursuant to the
buffer area and screening requirements in Section 3 -7 of this Title.
2. No used or discarded automotive parts or equipment may be located in any open area
outside of an enclosed Building.
3. All disabled or wrecked vehicles shall be stored in an area which is screened from view from
the surrounding properties and adjoining streets pursuant to the requirements for Outdoor
Storage in this Chapter. Such vehicles shall not be stored on the property longer than twenty-
one (21) days.
4. All repair work shall be performed within an enclosed Building.
5. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses
from off of the Lot.
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E. Auto Gas Station:
1. The use shall be buffered from the residential property and landscaped pursuant to the
buffer area and screening requirements in Section 3 -7 of this Title.
2. Uses permissible at auto gas stations do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other characteristics to an
extent greater than normally found at an automotive gas station. An Auto Gas Station is not
an Auto Repair And Service Shop and is not an Auto Body Shop.
3. The following services may be provided:
a. Sales and service of spark plugs, batteries and distributors’ parts;
b. Tire servicing and repair, but not recapping or re-grooving;
c. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs,
fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel
bearings, mirrors and the like;
d. Radiator cleaning and flushing;
e. Washing, polishing and sale of washing and polishing materials;
f. Greasing and lubrication;
g. Replacing and repairing fuel pumps, oil pumps, and lines;
h. Minor servicing and repair of carburetors;
i. Adjusting and repairing brakes;
j. Minor motor adjustment not involving removal of the head or crankcase or racing the
motor;
k. Sales of beverages, packaged food, tobacco and similar convenience goods for service
station customers, as an Accessory Use incidental to principal operations;
l. Sales of alternative fuels such as natural gas and ethanol;
m. Provisions of road maps and other informational materials to customers and provision
of restroom facilities;
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n. Warranty maintenance and safety inspections;
o. Emissions testing; and
p. Car washing that meet the requirements for Car Wash in this Chapter
4. Such uses shall be buffered from a residential property pursuant to in Section 3 -7 of this
Title.
5. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses
from off of the Lot.
6. Sales of alcoholic beverages shall conform to the provisions of Idaho and City Code. The sale
of packaged liquor, beer, wine and coolers is subject to approval of a conditional use permit
by the City and will be considered an assessor to the approved use.
F. Auto Repair and Service Shop, Major (including tow service):
1. The use shall be buffered from the residential property and landscaped pursuant to in
Section 3 -7 of this Title.
2. The operating hours shall be limited to between 7:00 a.m. and 8:00 p.m.
3. The use shall be located on a site with other commercial development with an overall
minimum size of 5 acres.
4. All repair and service work shall be done within a completely enclosed Building.
5. Storage of stock, equipment or used or discarded auto parts located in any open area outside
of an enclosed Building shall be screened from view pursuant to the requirements for
Outdoor Storage in this Chapter.
6. All disabled vehicles shall be stored in an area which is screened from view from the
surrounding properties and adjoining streets pursuant to the requirements for Outdoor
Storage in this Chapter.
7. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses
from off of the Lot.
G. Auto Repair and Service Shop, Minor:
1. The use shall be located a minimum of two hundred (200) feet from any single-family
residential property and a minimum of one hundred (100) feet from any multi-family
property as measured from Building to the residential property line in a straight line. In
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addition, the uses shall be buffered from the residential property pursuant to Section 3-7 of
this Title.
2. The use shall be located on a site with other commercial development with an overall
minimum size of three (3) acres.
3. All repair and service work shall be done within an enclosed Building or otherwise screened
from adjacent properties.
4. Storage of stock, equipment, or used or discarded automotive parts located in any open area
outside of an enclosed Building shall be screened from view pursuant to the requirements
for Outdoor Storage in this Chapter.
5. All disabled vehicles shall be stored in an area which is screened from view from the
surrounding properties and adjoining streets pursuant to the requirements for Outdoor
Storage in this Chapter.
6. Permitted minor auto mechanical repair and service facilities shall be limited to the following
kinds of activities:
a. Electronic tune ups;
b. Brake repairs (including drum turning);
c. Air conditioning repairs;
d. Generator and starter repairs;
e. Tire installation and repairs;
f. Front end alignments;
g. Battery recharging;
h. Emissions testing;
i. Lubrications;
j. Selling/installing minor parts and accessories; and
k. Repairing and installing other minor elements of an automobile such as windshield
wipers, hoses and windows, but excluding engine, transmission and differential repair or
installation.
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7. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses
from off of the Lot.
H. Auto Rental Agencies:
1. The installation and use of an outside public address or bell system is prohibited.
2. Any used or discarded automotive parts or equipment located in any open area outside an
enclosed Building must be located behind the Building and screened from view pursuant to
the requirements for Outdoor Storage in this Chapter.
3. Such uses shall be buffered from any residential property pursuant to the buffer area and
screening requirements in Section 3-7 of this Title.
4. All exterior lighting shall be in compliance with Dark Sky principles.
I. Auto and Recreational Vehicle Sales:
1. Major and Minor Auto Repair And Service Shops are permitted as part of the facility.
2. No equipment or process shall be conducted adjacent to a residential use which creates
noise, glare, vibration, fumes, odor or electrical interference detectable to the normal senses
from off of the Lot.
3. Any used or discarded parts or equipment located in any open area outside an enclosed
Building shall be screened from view pursuant to the requirements for Outdoor Storage in
this Chapter.
4. Such uses shall be buffered from any residential property pursuant to in Section 3-7 of this
Title.
5. The installation and use of an outside public address or bell system is prohibited.
6. All exterior lighting shall be in compliance with Dark Sky principles.
7. No commercial activities, other than those included in and incidental to the operation of the
facility, shall be conducted on site.
J. Bar / Pub / Nightclub and Club or Lodge:
1. Any establishment serving alcohol shall comply with City Code and shall obtain a permit from
the City. Such uses shall also comply with Idaho Code.
2. Such uses shall be buffered from any residential property per Section 3-7 of this Title.
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K. Bed and Breakfast Facilities:
1. The facility shall have no more than ten (10) guestrooms and twelve (12) guests at one time.
2. No cooking shall be allowed in guestrooms. The only meal to be provided guests shall be
breakfast, and it shall only be served to guests taking lodging in the facility.
3. Bath facilities shall be shared by no more than two (2) guestrooms.
4. Off-street Parking Space shall comply with Table 5.3 in Chapter 5 of this Title.
5. All signage shall comply with the Sign guidelines per Chapter 3 of this Title.
L. Car Wash:
1. All businesses providing self-service or Drive-Thru Car Wash facilities shall identify the
stacking lane and wash location on the site plan.
2. If within the NC district, a Car Wash facility shall be allowed only as an Accessory Use to a
gasoline or diesel fuel sales facility. The Car Wash facility shall be limited in capacity to a
single vehicle.
3. A one hundred (100) foot separation shall be maintained between a Car Wash facility (which
includes, without limitation, Buildings and vacuum islands) and any residential property line.
In addition, such facility shall be buffered from any residential property pursuant to Section
3-7 of this Title.
4. Drive aisles along any property lines shall be screened pursuant to Chapter 3 of this Title.
5. Vehicle stacking lanes shall be available on the property but outside the Car Wash facility
entrance. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons. Such stacking lanes shall be separate from areas required for access
and parking.
6. The installation and use of an outside public address or bell system is prohibited.
M. Childcare Facility:
1. There shall be a minimum of thirty-five (35) s.f. of net Floor Area indoors per child. This space
shall be measured wall to wall in rooms that are regularly used by the children, exclusive of
halls, bathrooms, and kitchen.
2. On-site vehicle pick-up and turnaround areas shall be provided to ensure safe discharge and
pick-up of children.
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3. No portion of the facility shall be within three hundred feet (300’) of hazardous material
storage, flammable substance storage, gasoline or diesel fuel sales facility, Brewery, bar,
Adult Business, or Winery.
4. An outdoor play area shall be provided that is sized to provide one hundred (100) s.f. per
child for the number of children using the play area at any one time. This requirement may
be waived if the facility is within three hundred (300) feet of a park or Open Space Lot or a
pathway connecting to a park or Open Space Lot that can be used by the children.
N. Circus and Carnival:
1. All structures or outdoor use areas shall maintain a minimum Setback of two hundred (200)
feet from all abutting residential districts.
2. Such uses shall require a Temporary Use permit and a vendor permit from the City and shall
be permitted for not more than seven (7) days.
O. Colleges and Universities:
1. Colleges and Universities located prior to or in conjunction with a preliminary plat shall be a
permitted use. Schools located subsequent to a preliminary plat shall be a conditional use.
P. Community Information Center:
1. A community or residential Sales Office use is allowed within the center until project build-
out.
2. Community Information Centers will need a zoning permit from the City.
Q. Construction Office, Temporary:
1. A Construction Office requires a zoning permit from the City.
2. A Construction Office requires a site plan review and approval by the Administrator.
3. The applicant shall provide a specific timeline for the duration of the use.
4. Parking shall be provided pursuant to Chapter 5 of this Title.
5. A Construction Office is allowed during the construction of the associated project and shall
be removed from the site prior to the issuance of an occupancy permit for the last
home/structure within the project.
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R. Construction Yard, Temporary:
1. A Construction Office requires a zoning permit from the City.
2. A Construction Office is allowed during the construction of the associated project and shall
be removed from the site prior to the issuance of an occupancy permit for the last
home/structure within the project.
3. When located within or adjacent to a developed and occupied area and the duration of use
exceeds eighteen (18) months the yard shall be screened from view.
4. Temporary Construction Yards may use chain link fencing for the perimeter for the security
of the items.
S. Convenience Store:
1. A Convenience Store that includes fuel sales shall be buffered from a residential property
pursuant to Section 3-7 of this Title.
2. A Convenience Store that sells alcoholic beverages shall conform to the following:
a. Approval of a conditional use permit by the City.
b. Provisions of Idaho and City Code.
3. A Convenience Store that includes fuel sales shall be regulated as an auto gas station.
4. Any Convenience Store (with or without fuel sales) wishing to operate before 6:00 a.m. or
after 11 p.m. will require a conditional use permit, except for stores located within the HMU
zone, which may operate 24-hours with an approved conditional use permit.
T. Dwelling, Accessory:
1. No more than one Accessory Dwelling Unit shall be permitted on a Lot less than one (1) acre
in size.
2. The minimum Lot size that will support an Accessory Dwelling Unit is six thousand (6,000)
s.f.
3. The maximum size of an Accessory Dwelling Unit shall be as follows:
a. 500 sq. feet on Lots 6,000 – 7,500 s.f.;
b. 640 sq. ft. on Lots 7,501 – 10,000 s.f.; or
c. 800 sq. ft. on Lots over 10,000 s.f.
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4. An Accessory Dwelling Unit shall meet the Setback requirements for the principal dwelling
and:
a. Shall be limited to one (1) bedroom;
b. Shall be no taller than the principal dwelling;
c. Shall be architecturally compatible with the principal dwelling and shall be similar in
appearance, materials and color as the principal dwelling;
d. If located in the front of the principal dwelling, shall not dominate the façade of, nor
obstruct the view of the main entrance to the principal dwelling when viewed from the
street;
e. Shall not have direct access from the street on which the principal dwelling fronts. Shall
have a minimum separation of six feet (6’) from the principal dwelling if detached from
the principal dwelling; and
f. Shall not exceed thirty-five percent (35%) coverage of the rear or side yard area.
5. If the Accessory Dwelling Unit is above the ground floor and access thereto is by a stairwell,
then the stairwell shall be enclosed within the structure or have a solid guardrail that extends
to the ground and shall not be perpendicular to an adjacent street, Alley or residence.
6. Parking for an Accessory Dwelling Unit shall be in addition to the required parking for the
principal dwelling. Parking may be provided in tandem on a driveway with the principal
dwelling.
7. The principal dwelling shall be owner-occupied.
8. An Accessory Dwelling Unit shall not be sold separately from the principal dwelling.
9. Accessory Dwelling Units will need a zoning permit if not approved with the principal
structure.
U. Electric Sub-Stations:
1. A sub-station located subsequent to a preliminary or final plat shall need a conditional use
permit.
2. Such use shall be buffered from adjacent uses pursuant to Section 3-7 of this Title.
V. Entertainment Facility:
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1. Golf Driving Ranges, Moto Cross, accessory sales and rental of golf equipment shall be
allowed.
2. Golf Driving Ranges shall be designed to protect abutting property and roadways from golf
balls.
3. An illuminated golf driving range shall be located a minimum of three hundred (300) feet
from a residential property as measured from any light standard to the residential property
line in a straight line. The distance shall be measured from the edge of the driving range to
the residential property in a straight line. Such lighting shall comply with the Dark Sky
principles as shown in Section 11B 3-9-F of this Title and shall be turned off by 10:00 p.m.
W. Equestrian Center:
1. An Equestrian Center in the RR and ER sub districts that is for personal use shall be a
permitted use. An Equestrian Center in the RR and ER sub districts that is open to the public
and is approved prior to or in conjunction with a preliminary plat shall be a permitted use.
An Equestrian Center approved subsequent to a preliminary plat shall be a conditional use.
2. Stables and loafing sheds shall have a minimum separation of three hundred (300) feet from
any residence, except for an owner’s residence. In addition, all facilities shall be set back a
minimum distance of thirty (30) feet from any property line.
3. Equestrian Centers shall be designed and located with full consideration given to their
proximity to adjacent uses and their effect on adjacent and surrounding properties as to the
storage of horse trailers and the factors of noise and odor.
4. The owner or operator of such use shall have a continuous obligation to maintain adequate
housekeeping practices and to prevent the creation of a nuisance.
5. Equestrian Centers must obtain a zoning permit from the City.
X. Equestrian Lots:
1. Horses may be kept on residential Lots only in the RR sub district and are restricted to Lots
that are a minimum of one (1) acre. One horse is allowed on a one (1) acre Lot and one (1)
additional horse is allowed for each additional one-half (1/2) acre. Acres shall be rounded to
the nearest whole half-acre to determine total horses per Lot.
2. Accessory structures such as barns and stables, indoor and outdoor riding facilities, storage
Buildings and similar structures shall meet the Setback requirements of the applicable
residential district.
3. Barns and stables, covered or indoor riding facilities, storage Buildings and similar structures
shall not exceed forty percent (40%) of the max Lot Coverage in Table 2.2.
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4. Private Equestrian Centers that are providing boarding for a fee must obtain a Home
Occupation permit.
Y. Farmers’ Markets:
1. Farmers’ Markets shall require a conditional use permit if not approved with the preliminary
plat for the area. A vendor permit from the City is also required.
2. A parking plan will be required as part of the conditional use permit application through the
City.
Z. Fire/Police Station:
1. A fire or police station located prior to or in conjunction with a preliminary plat shall be a
permitted use. A station located subsequent to a preliminary plat shall be a conditional use.
AA. Flex Space:
1. The Gross Floor Area of each Building used as Flex Space shall be a maximum of thirty
thousand (30,000) s.f.
2. Loading docks, if present, shall comply with this Title.
3. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m.
BB. Seasonal Sale:
1. All Seasonal Sales require a zoning permit and a vendor license for the City.
2. All Seasonal Sale requires a site plan review and approval by the Administrator.
3. Parking shall be provided pursuant to Chapter 5 of this Title.
4. Seasonal Sales are allowed for up to thirty (30) days. All zoning permits shall establish a sunset
date for the use.
CC. Heliports:
1. A Heliport pad located prior to or in conjunction with a preliminary plat shall be a permitted
use. A Heliport pad located subsequent to a preliminary plat shall be a conditional use.
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DD. Home Occupation:
The provisions herein are to permit the establishment of Home Occupations that are compatible
with the Sub-Use Districts in which they are located. The intent of the regulations 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 only those uses expressly listed on Table 2.1 in Chapter 2 of this Title
and permitted within the underlying Sub-Use District.;
b. Shall require a City-issued business license; and
c. Shall not require a Home Occupation permit.
2. Class B Home Occupations:
a. Shall be those Home Occupation 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; and
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 this Title;
d. If applicable, 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 forty feet (40’) between the outdoor area of use and the
property line;
g. If applicable, 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. If applicable, 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. May include conditions of approval specified by the City Council to regulate the hours
of operation, days of operation, number of events, numbers of
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employees/customers/patrons/attendees, and other conditions specifically related to
the proposed use to assure compliance with this Chapter:
j. Within seven (7) days after a written decision has been rendered by the City
Council, the Administrator shall provide the applicant with written notice of the action
on the request; and
k. The Home Occupation permit shall be valid for a maximum of five (5) years at which
time a new permit shall be required.
4. Regulations Applicable to All Home Occupations:
a. The operator of every Home Occupation shall reside in the dwelling unit on the
property 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
subject property;
f. No alteration of the exterior of the dwelling in which the Home Occupation is being
conducted shall be made that changes the character thereof as a dwelling;
g. 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 or equipment 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;
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l. 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; and
p. The Home Occupation shall at all times comply with all applicable zoning codes and
any 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:
Dwelling, Multi-Family
Dwelling, Single Family Attached
Commercial:
Adult business
Aggregate Processing, Asphalt and Concrete Batch Plants
Auto body shop
Auto Repair and Service Shop (Major)
Auto gas station
Auto Rental Agency
Auto Repair and Service Shop Major and Minor
Auto and Recreational Vechile Sales
Banks/financial institutions (no drive-up service)
Banks/financial institutions (with drive-up service)
Bar/Pub/Nightclub
Bed and Breakfast Facility
Brewery
Building Materials/Lumber Yard
Car Wash
Check-Cashing
Childcare: Group Daycare and Daycare Center
Church/Place of Religious Assembly
Circus and Carnivals
Clinic
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Club or lodge
Communication facilities
Community Association Building/Facility
Community Garden
Community Information Center
Contractor’s yard and/or shop
Convenience store
Dry Cleaner/Laundromat
Electric Substation
Entertainment Facility
Event Center
Farmers Market
Fire/ Police Station
Flex space
Food and beverage sales
Golf Course
Health Club
Hospital
Hotel and Motel
Institution
Junkyard
Kennel and Pet Shop
Laboratory
Library
Liquor Store
Maintenance Facility related to Open Space
Manufacturing, Light
Mortuary/Funeral Home
Motel
Museums
Nursing/convalescent home/Transitional Housing/Assisted Living
Outdoor Storage
Parking Lot/ Parking Garages (Commercial)
Pawn Shop/Auto Title Loans
Plant Nursery/Sod Farm (Retail &Wholesale)
Post Office/Annex
Pump Station
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Radio and Television Broadcast Station
Recreation/Community Center
Recreation Field, Court, and Sports Facility
Recycling/Solid Waste Transfer Center
Recreational Vehicle Storage
Rental Service/Storage Yard (Large Equipment)
Research and Development
Resort
Restaurant (with or without drive-thru)
Retail Sales
Roadside Stand
Rodeo
Seasonal Sales
Schools, Business
Schools, Colleges and Universities (including satellite campuses)
Schools, Elementary/Middle/ High schools (public & private)
Schools, Vocational/Technical
Shooting Range/Gun Club (Indoor)
Shooting Range/Gun Club (Outdoor)
Shopping Center, Community
Shopping Center, Neighborhood
Special Care Facility
Special Event
Special Event (Avimor)
Sporting Event
Television Production Facility
Temporary Construction Yard
Veterinary Hospital/Clinic
Warehousing, Storage and Ministorage
Wastewater Treatment Facility
Water Storage Facility
Wholesaling Distribution and Storage
Winery
Wireless Communications Facility
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b. As determined by the 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. 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.
d. Upon the submittal of a waiver application and findings adopted by the Administrator
addressing compliance with the following criteria, the use(s) noted in subsection 5a. above may
be permitted for Home Occupations that:
(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 11 of this Title. If no appeal is submitted, the decision is final.
EE. Hotel and Motel:
1. Hotels and Motels shall be designed and developed to fit into the unique and special
vision of Avimor and shall be subject to the Setback standards of the Land Use District
within which the use is located.
2. Maximum height allowed in the CC district as shown in Table 2.2.
FF. Kennel and Pet Shop:
1. All animals shall be confined within an enclosed area or on a leash at all times.
2. Kennels and Pet Shops shall comply with all State and local regulations relative to such an
operation and maintain adequate housekeeping practices designed to prevent the
creation of a nuisance and to reduce the factors of noise and odor to a minimum.
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3. Pet boarding Kennels shall be operated with an attendant present on the premises
twenty-four (24) hours a day.
4. Outside runs shall have a minimum three hundred foot (300’) separation between any
dwelling, except the owner’s dwelling, as measured from the run to the dwelling in a
straight line. The Administrator may modify this requirement if the animals are
completely housed in soundproof structures that completely screen them from view from
the abutting residential property.
5. Adequate fencing shall be provided for outdoor runs to restrain animals from running at
large. At a minimum, the animals shall be enclosed with a six (6) foot fence or wall.
Electronic fences shall not be used as the sole method of restraining animals.
6. In residential districts, pet boarding Kennels will only be allowed in ER or RR sub districts
as an Accessory Use and will require a conditional use permit. In addition, the use shall
be buffered from other residential properties pursuant to Section 3-7 of this Title.
GG. Library:
1. A Library approved prior to or in conjunction with a preliminary plat shall be a permitted
use. A Library approved subsequent to a preliminary plat shall be a conditional use.
HH. Liquor Store:
1. All businesses which sell alcoholic beverages shall conform to the provisions of the Idaho
and City Code. The sale of packaged liquor, beer, wine and coolers is subject to approval
of a conditional use permit by the City.
II. Living Quarters, Accessory:
1. No more than one accessory living quarter structure shall be permitted on a Lot and must
comply with Chapter 3 of this Title.
2. The principal Dwelling Unit shall be owner-occupied.
3. Accessory Living Quarters shall not be sold separately from the principal Dwelling Unit.
JJ. Manufacturing, Light:
1. Light Manufacturing operations are permitted to produce products for retail sale and
wholesale distribution. It is intended that such uses shall not generate conditions which
are typical of many Manufacturing and industrial operations, such as noise, smoke,
objectionable odors, dust, noxious gases and other industrial wastes, vibrations, glare,
heat and fire hazards.
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2. All exterior storage of material shall be in sturdy containers or enclosures which screen
such material from surrounding properties and abutting streets and comply with the
requirements for Outdoor Storage requirements in this Chapter. Storage of flammable
materials shall be constructed of nonflammable material and shall meet the requirements
of the Uniform Fire Code.
3. No dust fumes, smoke, or vibrations above ambient levels (levels of the surrounding
environment) shall be detectable from adjacent Parcels.
4. Such use shall be buffered from any residential property pursuant to Section 3-7 of this
Title.
KK. Mortuary/Funeral Home:
1. All phases of the operation of a Mortuary/Funeral home, other than those related to
transport and servicing, shall be within a completely enclosed Building.
2. Mortuary/ Funeral Homes shall have a minimum separation of five hundred (500) feet
from any residential areas.
3. 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.
LL. Motion Picture/Radio/Television Production Facility:
1. Outdoor facilities shall be buffered from residential properties pursuant to Section 3-7 of
this Title.
MM. Oil and Gas Extraction and Post Extraction:
1. Eagle City Code 8-3-5(J)-(K), as it may be amended, shall apply to property designated
within the Avimor Planned Development Zoning District (APD) to the extent it does not
conflict with the provisions in this Title.
NN Outdoor Storage:
1. Outdoor Storage areas shall be screened by a minimum six (6) foot-high solid wall or fence
along any property line that adjoins a residential Lot and the use shall be buffered from a
residential Lot pursuant to the buffer area and screening requirements in Chapter 3 of
this Title.
2. Outdoor Storage of chemicals, pesticides and fertilizers shall have fire protection, storage
area, handling and disposal as approved by the fire district.
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3. Outdoor Storage shall not be located in any front yard Setback area and shall not block
sidewalks or parking areas or impede vehicular or pedestrian traffic.
4. No commercial activities, other than those associated with the Principal Use of the
property are permitted.
5. The full-time commercial repair of motor vehicles, boats, trailers and other like vehicles
is prohibited.
6. The operation of spray-painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
7. The production, fabrication or assembly of products is prohibited.
8. Outdoor Storage in a residential district shall only be allowed as an Accessory Use.
OO. Plant Nursery/Sod Farm, Retail and Wholesale:
1. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not
be located within fifty (50) feet of a property line. To reduce noise, permanently mounted
mechanical equipment shall be enclosed to the maximum extent possible.
2. Outdoor Storage areas for materials shall comply with the requirements for Outdoor
Storage in this Chapter. The following Nursery materials shall be exempt from this
requirement:
a. Growing plants in ground or in containers; and
b. Wood chips, bark, rock, gravel, or similar ground cover material where such storage
piles do not exceed 6 feet in height.
3. The application of fertilizer or process wastewater at agronomic rates shall be deemed a
component of the Nursery use and shall follow State and local regulations.
4. The following additional standards shall apply for a wholesale and/or retail Nursery
located within a residential district or adjoining a residential district:
a. Any storage area for material in the process of being converted into compost shall be
located a minimum of 100 feet from any property line; and
b. No aerial spraying of the property shall be allowed.
5. Retail plant nurseries are not permitted in the ROS sub district (wholesale nurseries only
are permitted).
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6. Retail plant nurseries are considered an Accessory Use in the RR and ER residential sub
districts and subject to a conditional use permit.
7. Plant nurseries for the express purpose of growing plant materials for use in Avimor or
for the City shall be allowed on any Parcel as a Temporary Use. (See Temporary
Construction Office / Yard.)
8. Notwithstanding anything to the contrary in this Title, Master Developer may site a plant
Nursery on any property within the Avimor Planned Development zoning district, where
such nursey solely supports Master Developer’s development and does not offer
development within the zone and such facility does not offer goods or services for
wholesale of retail sale.
PP. Radio and Television Broadcast Stations:
1. Outdoor facilities shall be buffered from residential property pursuant to Section 3-7 of
this Title.
QQ. Recreation Field, Court and Sports Facility:
1. Sports field lighting shall meet the criteria requirements in the Sports Lighting Section of
Chapter 3 of this Title.
RR. Recreational Vehicle Storage:
1. The use shall be located a minimum of two hundred (200) feet from any single-family
residential property and one hundred (100) feet from any multi-family residential
property as measured from the residential property line in a straight line.
Notwithstanding the aforementioned if the use is specifically cited in the preliminary plat
as an amenity to the community the Setback shall not be required.
2. All vehicles shall be stored in an area which is screened from view from the surrounding
properties and adjoining streets and shall meet the requirements for Outdoor Storage in
this Chapter.
3. No vehicles shall be stored in the required front Setback area.
4. No commercial activities, other than those associated with the Principal Use of the
property are permitted.
5. The commercial repair of motor vehicles, boats, trailers and other like vehicles is
prohibited unless the storage facility is adjunct to a body shop, service and repair facility,
or Recreational Vehicle Sales establishment.
6. The operation of spray-painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
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7. The production, fabrication or assembly of products is prohibited.
8. Recreational Vehicle Storage shall have no less than ten percent (10%) of the site
landscaped.
SS. Recycling / Solid Waste Transfer Center:
1. Outdoor Storage areas shall comply with the requirements for Outdoor Storage in this
Chapter.
2. No unsorted material shall be stored outdoors except for after-hours donation
containers.
3. Any container provided for after-hours donation of recyclable materials shall be a
minimum of fifty (50) feet from a residential district, shall be of sturdy, rustproof
construction, and shall have sufficient capacity to accommodate materials collected.
4. Power driven processing (including, but not limited to, aluminum foils and can
compacting, baling, plastic shredding, or other light processing activities necessary for
efficient temporary storage and shipment of materials) may be allowed when located
within an enclosed structure.
5. All Recycling Center grounds and facilities shall be maintained in an orderly manner so as
not to create a public nuisance.
6. 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.
TT. Rental Service Store/Yard (Large Equipment):
1. Such uses shall be located a minimum of two hundred (200) feet from any single-family
residential property and a minimum of one hundred (100) feet from any multi-family
property as measured from any Building or storage yard to the residential property line
in a straight line. In addition, the use shall be buffered from the residential property
pursuant to Section 3-7 of this Title.
2. The installation and use of an outside public address or bell system is prohibited.
3. Outdoor Storage areas shall comply with the requirements for Outdoor Storage in this
Chapter.
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UU. Resort:
1. A Resort located prior to or in conjunction with a preliminary plat shall be a permitted
use. A Resort located subsequent to a preliminary plat shall be a conditional use.
2. A maximum height of fifty-two (52) feet shall be allowed in residential districts with a
conditional use permit.
3. Resorts shall be designed and developed to fit into the unique and special environment
of Avimor.
VV. Restaurant (with Drive-Thru):
1. Such uses shall be designed with landscape/berm(s)/decorative walls to prevent trash
from moving onto other properties.
2. A minimum six (6) foot high solid wall or fence shall be provided along any property line
that adjoins a residential property and the use shall be buffered from such residential
property pursuant to Section 3-7 of this Title.
3. Adequate trash receptacles shall be provided.
4. Night lighting shall be shielded and not directed toward any residence and comply with
Dark Sky principles.
5. Drive-thrus shall be designed so headlights are screened by landscape, berm(s),
decorative walls or Buildings so they are not visible from the public right-of-way when
vehicles are stopped in the que or at the drive-up window.
WW. Roadside Stand:
1. A Roadside Stand shall operate for no more than one hundred and twenty (120) days in a
calendar year and shall require a zoning certificate and vendor permit from the City.
XX. Sales Office/Trailer, Temporary:
1. A Sales Offices/Trailers requires a zoning permit from the City.
2. Parking shall be provided pursuant to Chapter 5 of this Title.
3. A Sales Office/Trailer is allowed during the construction of a project within Avimor and
shall be removed from the site prior to the issuance of an occupancy permit for the last
home/structure within the applicable phase of the project.
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YY. Shooting Range / Gun Club (Indoor):
1. All activities shall be housed totally within an enclosed structure and designed for safety
and noise factors involved in the type of use.
2. If located on the ground level, Accessory Uses such as gun sales, gun repair, and training
courses shall be allowed when such uses take up no more than twenty five percent (25%)
of the Gross Floor Area on the ground level.
3. If gun sales or gun repair are conducted within the facility, the owner of the indoor
Shooting Range shall secure and maintain a valid federal firearms license.
4. The applicant shall provide written documentation that the proposed target backstops
conform to the standards for indoor ranges in “The NRA Range Source Book” published
by the National Rifle Association.
ZZ. Shooting Range / Gun Club (Outdoor):
1. Accessory Uses such as gun sales, gun repair, and training courses shall be allowed when
such uses take up no more than twenty five percent (25%) of the Gross Floor Area of the
Building.
2. The applicant shall provide written documentation that the proposed target backstops
conform to the standards for indoor ranges in “The NRA Range Source Book” published
by the National Rifle Association.
AAA. Sporting Event:
1. All structures or outdoor use areas shall maintain a minimum Setback of two hundred
(200) feet from all abutting residential districts.
2. Such uses shall require a Temporary Use permit and a vendor permit from the City and
shall be permitted for not more than seven (7) days.
3. Paved Parking is not required.
BBB. Special Event
1. Shall require a zoning permit and not operate for a duration longer than seven (7) days
without a Conditional use permit .
2. Parking shall be provided as required by Chapter 5 of this Title.
3. Sales of items and goods that are reasonably related to the Special Event program shall
be permitted with a vendor permit from the City.
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4. If security staffing is needed the applicant will pay for the services for the event.
A. Special Event (Avimor):
1. Shall not require a conditional use permit.
2. Parking, if applicable, shall be provided.
3. Shall be coordinated with the local police department if security
staffing is needed.
4. Sales of items and goods that are reasonably related to the special
event program shall be permitted.
CCC. Veterinary Hospital / Clinic:
1. If overnight accommodations are provided, they shall comply with the requirements for
Kennel and Pet Shop in this Chapter.
DDD. Vocational/ Trade Schools:
1. Vocational/Trade Schools located prior to or in conjunction with a preliminary plat shall
be a permitted use. Schools located subsequent to a preliminary plat shall be a conditional
use.
EEE. Warehousing, Storage and Ministorage:
1. Ministorage facilities may include the storage of boat and recreational vehicles.
2. The use shall be located a minimum of one hundred (100) feet from any single-family
residential property and fifty (50) feet from any multi-family residential property as
measured from the Building to the residential property line in a straight line. The use shall
be buffered from the residential property by a solid wall or fence or berm(s) and
landscape, or a combination of both, pursuant to Section 3-7 of this Title.
3. No more than one manager’s or security residence is permitted. Such residence shall not
be considered a Dwelling Unit for the purposes of calculating residential Density for
Avimor.
4. All storage must be within an enclosed Building except for the storage of recreational
vehicles, which shall be screened from view from surrounding properties and abutting
streets and meet the requirements for Outdoor Storage in this Chapter.
5. No Outdoor Storage shall be allowed in the required front Setback area.
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6. Vehicle storage shall meet the meet the requirements for Outdoor Storage in this
Chapter.
7. No commercial activities, other than those included in the operation of the ministorage
facility, shall be conducted on the site.
8. Retail or Wholesale sale of stored items on the premises is prohibited.
9. The commercial repair of motor vehicles, boats, trailers and other like vehicles is
prohibited.
10. The operation of spray-painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
11. The production, fabrication or assembly of products is prohibited.
FFF. Wholesaling, Distribution and Storage:
1. The use shall be located a minimum of one hundred (100) feet from any single-family
residential property and fifty (50) feet from any multi-family residential property as
measured from the Building to the property line in a straight line. The use shall be
buffered from the residential property by a solid wall or fence, or berm(s) and landscape,
or a combination of both, pursuant to Section 3-7 of this Title.
2. No more than one manager’s or security residence is permitted. Such residence shall not
be considered a Dwelling Unit for the purposes of calculating residential Density for
Avimor.
3. No more than twenty percent (20%) of the gross area of the site shall be used for Outdoor
Storage and shall meet the requirements for Outdoor Storage in this Chapter.
4. No commercial activities, other than those included for the operation of the facility, shall
be conducted on the site.
5. On Site Retail sale of stored items on the premises is prohibited.
6. The commercial repair of motor vehicles, boats, trailers and other like vehicles is
prohibited.
7. The operation of spray-painting equipment, power tools, welding equipment or other
similar equipment is prohibited.
8. The production, fabrication or assembly of products is prohibited.
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GGG. Wireless Communication Facilities:
Wireless communication facilities and Towers (including Personal Wireless Facilities, Spires,
Poles, Antennas, Steeples, Towers, And Similar Structures) shall comply with the following:
1. Towers In Zoning Districts:
a. Personal wireless facilities including Towers supporting amateur radio Antennas shall
be prohibited in all residential Land Use Districts. Personal wireless facilities shall be
camouflaged or concealed, not readily identifiable as such, designed to be esthetically
compatible with existing and proposed uses on the site in all residential zones.
b. Wireless Antennas in non-residential and Open Space districts may be permitted to be
attached to existing light standards and power line support devices (or replacement
equivalent of same height) provided, however, the Antenna(s) are either flush mounted
or mounted in a manner that provide minimum visual impact. Notwithstanding the
foregoing, all provisions of this subsection shall be applicable to wireless Antennas
located on existing light standards and power line support devices.
2. Collocation Requirements:
a. A proposal for a Tower mounted personal wireless facility in excess of thirty-five feet
(35) in height shall not be approved unless the Council finds that the
telecommunications equipment planned for the proposed Tower cannot be
accommodated on an existing or approved Tower or Building within the following
radii of the proposed Tower:
1. A two (2) mile radius for Towers with a height over one hundred ten feet (110);
2. A one-mile radius for Towers with a height over eighty feet (80) but not more than
one hundred ten feet (110);
3. A one-half (1/2) mile radius for Towers with a height over fifty feet (50) but not
more than eighty feet (80); and
4. A one-quarter (1/4) mile radius for Towers with a height over thirty-five feet (35)
but not more than fifty feet (50’).
b. It shall be the burden of the applicant to demonstrate that the proposed Tower or
Antenna cannot be accommodated on an approved Tower or Building within the
required search radius due to one or more of the following reasons:
(1) Unwillingness of another Tower or facility owner to entertain shared use;
(2) The proposed Collocation of an existing Tower or facility would be in violation of
any local, state or federal law’;
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(3) The planned equipment would exceed the structural capacity of the existing or
approved Tower or Building, as documented by a qualified and licensed
professional engineer, and the existing or approved Tower cannot be reinforced,
modified, or replaced to accommodate planned or equivalent equipment at a
reasonable cost;
(4) The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the Tower or Building as
documented by a qualified and licensed professional engineer and the
interference cannot be prevented at a reasonable cost;
(5) Existing or approved Towers and Buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified and licensed professional engineer; and
(6) Other unforeseen reasons that make it unfeasible to locate the planned
telecommunications equipment upon an existing or approved Tower or Building
as documented by a qualified and licensed professional engineer, or other
professional qualified to provide necessary documentation.
c. Any proposed commercial wireless telecommunication service Tower shall be
designed, structurally, electrically, and in all respects, to accommodate both the
applicants Antennas and comparable Antennas for at least two (2) additional users if
the Tower is over one hundred ten feet (110) in height, for at least one (1) additional
user if the Tower is over fifty feet (50) in height.
d. Towers must be designed to allow for future rearrangement of Antennas upon the
Tower and to accept Antennas mounted at varying heights.
e. Personal wireless facilities proposed at a location which has an approved conditional
use permit (approved after the effective date hereof) for an existing facility which was
required to allow Collocation shall not be required to obtain a separate conditional
use permit as long as all the requirements of the previously approved conditional use
permit will be complied with. Design Review, and subsequent Building permit, will be
required for any such proposal.
3. Tower And Antenna Design Requirements:
a. All personal wireless facilities shall be required to obtain design review approval prior
to construction.
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b. Personal wireless facility Towers shall be of a monopole design unless the Council
determines that an alternative design would better blend into the surrounding
environment.
c. With the exception of necessary electric and telephone service and connection lines
approved by the issuing authority, no part of any Antenna or Tower nor any lines,
cable, equipment or wires or braces in connection with either shall at any time extend
across or over any part of the right of way, public street, highway, sidewalk, or
property line.
D. Every Tower affixed to the ground shall be protected to discourage climbing of the
Tower by unauthorized persons. The climbing pegs within the bottom twenty feet (20)
of the Tower shall be removed and shall only be used when the Tower is being
serviced.
e. Metal Towers shall be constructed of, or treated with, corrosive resistant material.
f. Wood poles shall be impregnated with rot resistant substances.
4. Tower Setbacks:
a. Towers shall meet the Setbacks of the underlying Land Use District with the exception
of Mixed Use and Highway Mixed Use land use sub districts, where Towers may
encroach into the rear Setback area, provided that the rear property line abuts
another Mixed Use or Highway Mixed Use property and the Tower does not encroach
upon any easements.
b. The base of the personal wireless facility shall be set back a minimum distance of two
times (2x) the height of the Tower from the property line of any residential dwelling.
c. If the Tower does not exceed the height limitations of the Land Use District in which
it is located, the Tower shall meet the Setback requirement of the Land Use District
except as allowed in this Chapter. If the Tower exceeds the height limit of the Land
Use District in which it is located, the Tower shall be set back one foot (1’) for every
ten feet (10’) in total Tower height. In either case, the Tower shall be constructed to
the telecommunications industry association/electronic industries association
(TIA/EIA) 222 revision F standard entitledStructural Standards for Steel Antenna
Supporting Structures or as hereinafter may be amended. Otherwise, the Tower shall
be located a minimum of one foot (1) for each foot of height from all property lines
(the fall zone). No storage or structures other than the accessory utility Buildings, are
permitted in the fall zone, except as may be specifically permitted through a
conditional use permit.
D. Towers shall be set back from all existing public right of way lines (or planned right of
way lines if additional is to be acquired in the future) by a minimum distance equal to
twice the height of the Tower including all Antennas and attachments.
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e. Towers shall not be located between a principal structure and a public street.
f. A Tower’s Setback may be reduced or its location in relation to a public street varied,
at the sole discretion of the Council, to allow the integration of a Tower into an
existing or proposed structure such as a Church steeple, light standard, power line
support device, or similar structure.
g. If this requirement conflicts with other Setback requirements of this Title the Setback
with the greater distance shall prevail, except as may be allowed in this Chapter.
5. Tower Lighting, Signage, And Attachments:
a. No Antenna or Tower shall have affixed or attached to it in any way, except during
time of repair or installation, any stationary lights, strobe lights, reflectors, flashers,
or other illuminating device, except as specifically required by the federal aviation
administration, federal communications commission, or other federal or state
authority.
b. When incorporated into the approved design of the Tower, light fixtures used to
illuminate ball fields, Parking Lots, or similar areas may be attached to the Tower if
approved by the City.
c. The use of any portion of a Tower for signs, other than warning or equipment
information signs, is prohibited.
d. No Tower shall have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow’s nest, or like structure, except during periods of construction
or repair.
6. Amateur Radio Antennas: In accordance with the federal communications commission’s
preemptive ruling PRB 1, Towers erected for the primary purpose of supporting amateur
radio Antennas may exceed thirty feet (30) in height provided that a determination is
made by the City that the proposed Tower height is technically necessary to successfully
engage in amateur radio communications. A conditional use permit is required for any
amateur radio Antenna in excess of thirty-five feet (35).
7. Accessory Utility Buildings: All utility Buildings and structures accessory to a Tower are
required to have design review approved by the City prior to construction.
8. Abandoned Or Unused Towers Or Portions Of Towers: As a condition of approval of any
required conditional use permit for personal wireless facilities, all abandoned or unused
Towers and associated facilities shall be required to be removed within sixty (60) days of
cessation of use as a personal wireless facility unless a time extension is granted by the
City. A copy of the relevant portions of a signed lease, which requires the applicant to
remove the Tower and associated facilities upon cessation of the use as a personal
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wireless facility, shall be submitted at the time of application. In the event that the Tower
and associated facilities are not removed within the sixty (60) days, the Tower and
associated facilities may be removed by the City and the costs of removal assessed against
the property.
9. Additional Application Submittal Requirements: In addition to the information required
elsewhere in this Title, development applications for personal wireless facilities, shall
include the following supplemental information:
a. Documentation from a qualified and licensed professional engineer showing that the
proposed facility will be in compliance with the FCC standards regarding radio
frequency (RF) emissions.
b. A report from a qualified and licensed professional engineer which describes the
Tower height and design (including a cross section and elevation); documents the
height above grade for all potential mounting positions for collocated Antennas and
the minimum separation distances between Antennas; describes the Tower’s
capacity, including the number and type of Antennas that it can accommodate;
documents what steps the applicant will take to avoid interference with established
public safety telecommunications; includes an engineer’s stamp and registration
number; and includes other information necessary to evaluate the request.
c. For all personal wireless facilities, a letter of intent committing the Tower owner and
his or her successors to allow the shared use of the Tower, as required by this Title, if
an additional user agrees in writing to meet reasonable terms and conditions for
shared use.
d. Documentation showing that the proposed Tower complies with regulations
administered by federal aviation administration.
e. Written approval of the site location with specific reference to the height of the
Antenna structure and any lighting issues, from the federal aviation administration
and the chief of the Idaho bureau of aeronautics, as applicable.
f. Propagation charts showing existing and proposed transmission coverage at the
subject site and within an area large enough to provide an understanding of why the
facility needs to be in the chosen location.
g. A written analysis demonstrating that the proposed site is the most appropriate site
within the immediate area. For the purposes of this subsection, the analysis shall
include all properties within the search radii stated above. The analysis shall include,
but is not limited to, the following:
(1) Description of the surrounding area, including topography;
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(2) Natural and manmade impediments that would obstruct adequate cellular
telephone transmissions;
(3) Physical site constraints that would preclude construction of a cellular telephone
facility on any other site; and
(4) Technical limitations of the system that limit siting options.
10. Permits:
a. It shall be unlawful for any person to erect, construct, re-erect, or replace, any Tower
without first making application to the City and securing a building/zoning permit.
b. A building/zoning permit shall not be required for Antennas and/or Towers erected
temporarily for test purposes, for Emergency communication, or for broadcast
remote pick up operations. Temporary Antennas shall be permitted for a maximum
of seventy-two (72) hours unless specifically approved by the Council.
c. In addition to the findings required and conditions permitted for conditional use
permits, as stated within Section 11B 7-3-5 of this Title, the Council shall make an
additional finding concerning the duration of the conditional use permit. Upon finding
that the conditional use permit is to be limited in duration, a condition limiting the
duration and the basis for such a condition shall be included within the findings of fact
and conclusions of law for the conditional use permit.
11. Additional Requirements For Notice Of Public Hearing: All personal wireless facilities
requiring a conditional use permitshall comply with the conditional use notice
requirements within this Title. Tower mounted personal wireless facilities shall comply
with the following additional requirements:
a. All property owners within one thousand feet (1,000) of all property lines of the site
(or lease boundary lines, if applicable) shall be notified of the public hearing by the
City, by mail, a minimum of fifteen (15) days before the scheduled public hearing. The
applicant will be required to provide the names of the property owners to the City.
b. Any required public notice Signs, to be located on a proposed site, shall be required
to comply with the requirements for posting of a rezone/subdivision. Restricted
Areas:
(1) Telecommunications Towers in excess of thirty-five feet (35) in height shall not be
permitted within the Willow Creek Road corridor.
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CHAPTER 5
OFF STREET PARKING AND LOADING
11B-5-1: PURPOSE AND INTERPRETATION OF PROVISIONS
A. This Chapter provides standards for parking and loading facilities to ensure adequate parking
areas for various uses, minimize traffic hazards and congestion, promote vehicular and
pedestrian safety and efficient land use, and mitigate impacts on surrounding properties.
Parking is a key element of any development. An oversupply can result in excess
environmental and physical impacts while an undersupply can result in vehicles intruding
onto adjoining properties and neighborhoods. The goal is to find the balance between
providing adequate parking to support approved uses while minimizing the negative effects
of excessive land area or resources devoted to parking. A well-planned and executed parking
program is essential to establishing and maintaining a human scale environment that
emphasizes parking efficiency over parking supply.
Shared parking is encouraged and is a critical factor in the design and success of a mixed-use
project such as Avimor. A shared parking program versus traditional parking standards
reduces parking requirements, enhances community character and vitality, increases
Streetscape appeal, reduces impervious surface area and decreases storm water and
pollution runoff, reduces the “urban heat island effect,” reduces conflicts between vehicles
and pedestrians, and provides better pedestrian flow and connectivity.
B. In the interpretation of this Chapter, the following shall govern:
1. Parking Spaces for other permitted or conditional uses not listed herein shall be
determined by the Administrator. Among the factors for determining the number of
spaces to be required for a use not listed herein, the Administrator shall compare the
proposed use with a use which has similar traffic generating characteristics as outlined in
the most recent version of the institute of transportation engineers trip generation
manual;
2. Fractional numbers shall be increased to the next whole number;
3. When more than one use is conducted on a site, the total number of Parking Spaces shall
be the sum of the requirements for each use unless shared parking is approved;
4. When computing parking requirements based on the amount of square footage in
Buildings, all calculations shall be on a Gross Floor Area basis, unless specifically stated
otherwise;
5. Parking Based on Seating: When the parking requirements are based on seating and the
seating consists of benches or pews, each twenty-four (24) linear inches of bench or pew
shall be considered one seat;
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6. Parking Based on Employees: For the purpose of computing parking requirements based
on the number of employees, calculations shall be for the largest number of persons
working on any single shift; and
7. Residential Parking: Driveways may be used to satisfy minimum on-site parking
requirements, beyond the covered parking requirements, for residential dwellings,
provided that sufficient length is available to satisfy the minimum design standards with
no obstructions to the adjoining sidewalk.
C. Waivers:
1. Request: Any person may request a waiver of any provision of this Chapter.
2. Submittal: A request for waiver must be submitted to the Administrator in writing and
must provide specific reasons for which the waiver is sought. Additionally, it must include
an approval letter of waiver request by the Avimor Design Review Committee.
3. Response: The City shall provide a written response within thirty (30) business days of
receipt of a request for waiver.
4. Appeal Of Decision: Within ten (10) days of the decision of the Administrator an appeal
may be filed to Council.
11B-5-2: APPLICATION OF PROVISIONS
A. No Building or structure shall be erected, substantially altered, or its use changed unless
permanently maintained Off Street Parking and Loading Spaces have been provided in
accordance with the provisions of this Title.
B. The provisions of this Chapter, except where there is a change of use, shall not apply to any
existing Building or structure. Where a new use involves no additions or enlargements, there
shall be provided as many such spaces as may be required by this Title.
C. Whenever a Building, structure, or use, constructed or changed in use after the effective date
hereof, is changed or enlarged in Floor Area, number of employees, number of Dwelling
Units, seating capacity, or otherwise to create a need for an increase in the number of existing
Parking Spaces per this Title, additional Parking Spaces shall be provided so that the existing
Building, structure, or use, and proposed enlargement or change in use, shall then and
thereafter comply with the full parking requirements set forth herein.
D. The parking requirements in Section 5-4-6 of this Chapter represent general parking
standards for individual uses under which all proposed development will be evaluated.
Requirements for uses not specifically listed shall be determined by the Administrator based
on uses with similar traffic generation characteristics as outlined in the most recent Institute
of Traffic Engineers (ITE) Trip Generation Manual. Parking includes garage and carport spaces.
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E. Parking Lots shall be screened from adjacent uses, streets and Pathways by walls, plantings,
earth berms or a combination thereof pursuant to the screening requirements of this Title.
Where On Street Parking is provided adjacent to the use it serves, it shall count towards the
parking requirement for the use.
F. Consideration should be given to providing spaces to accommodate alternative forms of
transportation such as, for example, motorcycles, motor scooters and golf carts.
11B-5-3: DESIGN AND MAINTENANCE
A. Surfacing and Striping, except as approved by the Administrator, or as allowed below, all
parking and loading facilities shall be surfaced, striped and marked to clearly define access
lanes, standard, compact and handicapped Parking Spaces, and internal circulation
movements. The following uses may require a conditional use permit or Zoning Permit but
shall not be required to have paved parking areas:
1. Aggregate Processing, Asphalt, and Concrete Batch Plant;
2. Equestrian Center;
3. Sports Field or Sporting Events (overflow parking);
4. Agriculture;
5. Roadside Stand;
6. Plant Nursery / Sod Farm (Wholesale);
7. Maintenance Facility;
8. Carnivals and Circuses;
9. Any Outdoor Event;
10. Winery and Vineyard (depending on location to perpetuate an agrarian character of the
site);
11. Temporary Construction Office / Yard;
12. Temporary Sales Office/Trailer (if it will not be in use for more than 12 months);
13. Model Homes; and
14. Special Events.
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B. Drainage: All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties or walkways. Drainage plans
shall be reviewed and approved by the City engineer and, for any site abutting a public street,
such plans shall be reviewed and approved by the Local Highway Department having
jurisdiction.
C. Access: Off-street parking areas shall provide suitable maneuvering room so that all vehicles
may enter an abutting street in a forward direction. Access driveways for parking areas or
Loading Spaces shall be located in such a way that any vehicle entering or leaving such area
shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a
public or private street.
D. Maintenance: The Owner of parking facilities shall be responsible to continually maintain the
parking facilities in compliance with approved site plans and shall be free of litter and debris.
E. Compact Spaces: Shall be designed consistent with Table 5.2 of this Chapter.
F. Location: Off–street parking areas should be located on the sides or rear of Buildings instead
of the front. When parking areas are located in the front of Buildings, they should be
adequately screened pursuant to with Chapter 3 of this Title.
11B-5-4: ADDITIONAL PARKING REGULATIONS AND REQUIREMENTS
11B-5-4-1: LOCATION OF PARKING SPACES
A. The following regulations shall govern the location of off-street Parking Spaces and areas:
1. Parking Spaces for all detached residential uses may be located on the same Lot as the
use which they are intended to serve. If the Parking Spaces are not located on the same
Lot, a conditional use permit shall be required;
2. Parking Spaces for retail or customer parking for commercial, industrial, or
public/semipublic uses shall be located not more than seven hundred feet (700’) from the
Principal Use measured along the sidewalk, or walkway available for public use, from the
primary entrance of the Principal Use to the furthest Parking Space within the Parking Lot;
3. Parking Spaces for multi-family dwellings shall be located not more than five hundred feet
(500’) from the Principal Use measured along the sidewalk, or walkway available for
public use, from the primary entrance of the Principal Use to the furthest Parking Space
within the Parking Lot;
4. Parking Spaces for employee parking on a daily basis where the vehicle is used
occasionally, regardless of the nature of employment, shall be located not more than one
thousand feet (1,000) from the Principal Use measured along the sidewalk, or walkway
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available for public use, from the primary entrance of the Principal Use to the furthest
Parking Space within the Parking Lot; and
5. When offsite parking is provided; a directional Sign shall be erected on the premises and
shall advise the public of the distance and direction to the offsite parking area. Any such
Sign shall conform to applicable requirements of Chapter 3 of this Title.
B. A reduction in parking requirements can be requested at preliminary plat or site plan when
evidence is provided to warrant a modification of the parking requirements. The
Administrator may grant up to a twenty percent (20%) reduction. A greater reduction
requires approval by Council.
11B-5-4-2: ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS
A. Site Lighting: Parking areas used during the hours of darkness shall have lighting that provides
adequate illumination for security and safety while maintaining Dark Sky lighting principles.
The minimum requirements are contained in Section 11B-3-9-F of this Title.
1. Lighting plans shall be reviewed and approved by the Administrator prior to issuance of a
building/zoning permit.
B. Screening And/Or Landscaping: Parking Lot screening and landscaping shall comply with
Chapter 3 of this Title.
C. Wheel Stops/Curbing: Concrete curbing at least six (6) inches high and six (6) inches wide or
wheel stops shall be provided to prevent vehicles from overhanging abutting sidewalks,
properties, or public rights-of-way, to protect landscaped areas, and to protect adjacent
properties. Such curbing or wheel stops shall be located at least three (3) feet from any
adjacent wall, fence, property line, walkway, or structure where parking and/or drive aisles
are located. Wheel stops are not required where parking abuts a walkway with an attached
curb and the walkway provides a minimum four (4) foot pedestrian clear area.
D. Off Street Parking Design And Dimension Tables:
See Tables 5.1, 5.2 below for parking dimensions.
TABLE 5.1 – PARKING DIMENSIONS FOR STANDARD CARS
Parking angle (A) 45° 60° 90° Parallel
Width of space (B) 9 feet 9 feet 9 feet 9 feet
Length of space (C) 18 feet 18 feet 18 feet 21 feet
Width of Drive Aisle (D) 13 feet 17 feet 24 feet 12 feet
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TABLE 5.2. – PARKING DIMENSIONS FOR COMPACT CARS
Parking angle (A) 45° 60° 90° Parallel
Width of Space (B) 7’6” feet 7’6” feet 7’6” feet 7’6” feet
Length of Space(C)
17 feet
18 feet
17 feet
19 feet
Width of Drive Aisle (D) 13 feet 17 feet 24 feet 12 feet
Notes:
1. Length of spaces may be reduced by two feet (2’) with no tire stops and a two-foot (2’)
overhang into an adjacent walkway when the walkway is at least seven (7) feet wide and
free of impediments.
2. Aisles less than fifteen feet (15’) in width, with no parking, are considered one way.
3. Handicapped spaces shall comply with UBC or federal standards.
4. Handicapped Parking: Handicapped spaces shall be elevenfeet by eighteen feet (11 x 18')
or one (1) nine foot by eighteen fet (9’ x 18'), with an attached five-foot (5') aisle.
5. Reduction For Planter Overhangs: When a Parking Space abuts a landscape planter, the
front two feet (2') of the required length for a Parking Space may overhang the planter.
11B-5-4-3: JOINT & OFF-SITE PARKING
A. The parking requirements may be met by the use of joint and/or off-site parking facilities.
Alternatives to the parking requirements contained herein will be considered to:
1. Avoid the visual intrusion and heat build-up that results from large paved areas;
2. Insure the efficient use of land; and
3. Create an incentive to provide pedestrian-friendly development.
B. The Administrator may authorize the use of joint parking, offsite parking or a combination of
the methods as described below:
1. Joint Parking:
a. The uses separately generate parking demands primarily during hours when the other
uses are not in operation and the Parking Spaces serve the uses without conflict;
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b. The peak hours of parking demand from the uses shall generally not coincide so that
the peak demand will be less than the parking required;
c. The applicant provides documentation showing the parking demand will be reduced
if a public or private transit system serves the use;
d. A shared parking analysis has been submitted describing the nature of the uses and
the times when the uses operate so as to demonstrate the lack of potential conflict;
e. A shared parking facility, if located on a site other than the site where the uses are
located, shall be located no further than that permitted this Chapter;
f. The owners of the Parcels or uses cooperatively establish and operate the facilities;
g. The owners of the Parcels execute a cross access agreement for parking, which
outlines the terms and conditions of the shared parking arrangement. The agreement
shall include the following as approved by the City of Eagle:
(1) A guarantee that there will be no substantial alteration in the uses that will create
a greater demand for parking; and
(2) A guarantee among the landowners for access to a use of the shared parking
facility.
h. Any other information required to be documented on such agreement by the City in
an effort to assure compliance with this Chapter. The agreement must contain the
legal description of both Parcels and must be of sufficient duration to ensure the
continued use of the shared parking facilities. The agreement shall be recorded in the
office of the County Recorder, and run with the land.
C. Off-Site Parking. The parking requirements may be met by locating the required Parking
Spaces on a separate Parcel from the Lot on which the Principal Use is located. Off-site
parking shall be approved if:
1. The Parcels containing the use and the off-site parking are under common ownership, or a
cross-parking easement agreement is provided.
2. The Parcel to be used for parking is located as follows from the Building or use it is
intended to serve (as measured along the sidewalk or walkway available for public use
from the primary entrance of the Principal Use to the furthest Parking Space within the
Parcel:
a. Not more than five hundred (500’) feet for residential uses;
b. Not more than one thousand five hundred (1,500’) feet in the Community Commercial
(CC), Highway Mixed Use (HMU), and Mixed Use (MU), Village Commercial (VCOM)
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and Neighborhood Commercial (NC) sub districts and for all public/quasi-public uses;
and
c. Not more than one thousand five hundred (1,500) feet for employee parking on a
daily basis where the vehicle is used occasionally, regardless of the nature of
employment.
3. The Parcel to be used for parking is not separated or divided from the Building or use it is
intended to serve by an expressway, highway, or primary arterial.
4. The applicant satisfies the Administrator that the use of the off-site Parcel for parking will
not be detrimental to public safety.
5. The owner of the Parcels executes an agreement or similar document, satisfactory to the
City attorney, which outlines the terms and conditions of the off-site parking use. The
document must contain the legal description of both the off-site Parcel and the Parcel
where the Principal Use is located and must be of sufficient duration to ensure the
continued use of the off-site Parcel for parking. In order to provide record notice of the
existence of the off-site parking arrangement, the applicant shall record the document in
the office of the County Recorder and provide a copy of the document to the City.
D. Hotel and Motel, Resort Parking: The Administrator may authorize a reduction in the total
number of required Parking Spaces for Hotel, Motel and Resort developments pursuant to
the Joint and Off-Street Parking standards of this Chapter. Such reduction shall apply only to
such uses as Restaurants, retail stores, amusements/recreational facilities and similar uses
which are clearly ancillary to the Hotel, Motel or Resort. In determining the parking
requirement, the Administrator shall consider the following:
1. The characteristic of each use and the projected peak parking demand, including hours of
operation;
2. The potential reduction in vehicle movements afforded by multi-purpose use of spaces
by employees or customers;
3. The potential reduction in vehicle trips afforded by multiple use of the facilities by guests
and customers; and
4. The extent to which the applicant can document the lack of potential conflict among
parking needs and facilities.
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11B-5-4-4: PARKING DISABLED VEHICLES:
The parking of a disabled vehicle within any Land Use Districts for a period of more than one (1)
weeks shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory
Building.
11B-5-4-5: BICYCLE PARKING:
One (1) bicycle Parking Space within an approved rack shall be required for each thirty (30)
required automobile Parking Spaces or fraction thereof for office and commercial developments.
Multi-family residential developments shall provide one (1) bicycle rack space per each ten (10)
Units. Bicycle parking racks design shall be approved by the Avimor Design Review Committee.
11B-5-4-6: SCHEDULE OF PARKING REQUIREMENTS:
In accordance with this Chapter, Parking Spaces for other permitted or conditional uses not
listed herein shall be determined by the Administrator. Among the factors for determining the
number of spaces to be required for a use not listed herein, the Administrator shall compare
the proposed use with a use which has similar traffic generating characteristics as outlined in
the most recent version of the institute of transportation engineers trip generation manual.
For the purpose of this Title, the following space requirements shall apply:
TABLE 5.3 REQUIRED PARKING
COMMERCIAL USES
Auto Body Shop 1 space per 350 s.f. of GFA
Auto Gas Station 1 space per 2 gas pumps and 2 spaces per service
bay (not counting fronts of bays/pumps)
Auto Repair and Service Shop
(Major and Minor) 1 space per 350 s.f. of GFA
Auto Rental Agency 1 space per 200 s.f. of GFA
Auto and Recreational Vehicle
Sales
1 space per 400 s.f. of GFA, plus 1 space per 1,000
s.f. of outdoor display
Bank / Financial Institution
1 space per 250 s.f. of GFA, plus 1 lane per drive-up
window and/or automatic teller machine with
stacking for 4 vehicles per lane
Bar / Pub / Nightclub 1 space per 200 s.f. of GFA
Bed and Breakfast Facility 1 space per sleeping room plus 2 spaces for primary
residence
Building Materials / Lumber Yard 1 space per 400 s.f. of GFA,
Car Wash 1 space per 200 s.f. of GFA of sales, office or lounge
area, plus stacking for 3 cars per washing station
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Check-Cashing 1 space per 400 s.f. of GFA
Childcare Facility (Family / Home
Day Care) 1 space on-site (may include driveway)
Childcare Facility (Group Day
Care) 2 spaces
Childcare Facility (Daycare Center 2 spaces per classroom, but not less than 9 spaces
for the Building
Clinic 1 space per 250 s.f. of GFA
Club or Lodge 1 space per 250 s.f. of GFA
Commercial Center, Community Determined by Building use at site plan review
Commercial Center,
Neighborhood Determined by Building use at site plan review
Convenience Store 1 space per 2500 s.f of GFA with fuel center; 1 space
per 2000 s.f. of GFA without fuel center
Dry Cleaner / Laundromat 1 space per 400 s.f. of GFA, plus stacking for 3 cars
per drive-up window
Emergency Health Care Facility
Ambulance Services: 1 space per 500 s.f. of GFA,
plus 2 enclosed ambulance storage spaces;
Emergency Health Care: 1 space per 300 s.f. of GFA;
Emergency Services: 1 space per 500 s.f. of GFA,
plus 2 enclosed vehicle storage spaces
Entertainment Facility
General: 1 space per 250 s.f. of GFA
Bowling Centers/Lanes: 3 spaces per lane, plus 1
space per 5 seats for Restaurant, cocktail lounge,
arcade area or similar use
Golf Driving Ranges: 3 spaces per tee
Miniature Golf Courses: 3 spaces per hole
Skating Rinks (ice/roller): 1 space per 250 s.f. of
skating rink area
Tennis/Racquetball Clubs: 3 spaces per court
Theaters (live and movie): 1 space per 5 fixed seats
or 5 spaces per 1,000 s.f. of GFA, whichever is
greater
Flex Space 1 space per 500 s.f. of GFA
Food and Beverage Sales 1 space per 250 s.f. of GFA
Health Club 1 space per 250 s.f. of GFA
Home Occupation 1 space on-site (may include driveway)
Hospital (included related
facilities) 1 space per patient bed
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Hotel and Motel
1 space per guest room, plus 1 space per 2
employees; parking requirements for Hotels that
contain ancillary uses (retail, Restaurants,
conference centers, etc.) shall require no additional
parking
Kennel and Pet Shop 1 space per 200 s.f. of GFA
Laboratory 1 space per 500 s.f. of GFA
Liquor Store 1 space per 250 s.f. of GFA
Manufacturing, Light
1 space per 500 s.f. of GFA used for
Manufacturing/processing, plus 1 space per 300 s.f.
of Office or sales area
Mortuaries / Funeral Homes 1 space per 4 seats
Motion Picture / Radio /
Television Production Facility Determined by site plan review
Nursing / Convalescent Home /
Transitional Housing / Assisted
Living
1 space per 3 beds
Office, Business & Professional General: 1 space per 250 s.f. of GFA
Medical/Dental: 1 space per 200 s.f. of GFA
Outdoor Storage Determined at site plan review
Personal Service
General: 1 space per 250 s.f. of GFA
Barber Shops/Beauty Parlors: 2 spaces per barber
chair or beautician station
Repair Shops (appliances and electronics): 1 space
per 400.s.f. of GFA
Radio and Television Broadcast
Station 1 space per 500 s.f. of GFA
Recreational Vehicle Sales: 1 space per 500 s.f. of GFA
Dealership / Service / Storage
Service: 2 spaces per service bay Storage: 1 space
per 1,500 s.f. of gross storage area, plus 1 space per
1,500 s.f. of outdoor display
Recycling / Solid Waste Transfer
Center 1 space per employee
Rental Service Stores / Storage
Yards (large equipment)
Sales: 1 space per 400 s.f. of GFA
Service: 2 spaces per service bay
Storage: 1 space per 500 s.f. of GFA of Office space,
plus 1 space per 500 s.f. of outdoor display
Research and Development 1 space per 500 s.f. of GFA
Restaurant (with and without
Drive-Thru use) and Catering
Establishment
With Drive-thru: 1 space per 200 s.f. of GFA, plus
stacking for 5 cars for drive-up service;
Without Drive-thru: 1 space per 150 s.f.
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Resort Determined by site plan review
Retail Sales (other than those
listed)
General: 1 space per 500 s.f. of GFA
Furniture and Large Appliance Stores: 1 space per
500 s.f. of GFA of sale floor display area, Printing
and Blueprint Facilities: 1 space per 500 s.f. of GFA
Rental Stores (small tools/equipment: 1 space per
750 s.f.)
Shooting Range / Gun Club
(Indoor or Outdoor) 1 space per target and/or shooting station
Shopping Centers (Community
and Neighborhood) Determined at site plan review
Special Care Facility 1 space per 3 beds
Veterinary Hospital / Clinic 1 space per 400 s.f. of GFA
Warehousing, Storage and
Ministorage
and
Wholesaling, Distribution and
Storage
General: 1 space per employee Mini-Storage: 1
space per 20 storage units
RESIDENTIAL USES
Accessory Dwelling Unit 1 space per Unit
Multi-Family, Studio & One
Bedroom 1.5 spaces per Unit, including 1 covered space
Multi-Family, Two Bedroom 2 spaces per Unit, including 1 covered space
Multi-Family, Three Bedroom and
Above 2 spaces per Unit, including 1 covered space
Single-Family Attached /
Detached / Equestrian Lot 2 spaces per Unit
Single-Family (SFSL)
2 spaces per Unit, plus .25 spaces per Unit for guest
parking (adjacent On Street Parking shall count
toward guest parking requirement)
CIVIC, COMMUNITY, & PUBLIC/QUASI-PUBLIC USES
Art Gallery 1 space per 500 s.f of GFA, plus one bike rack for
every 30 Parking Spaces.
Community Association Buildings
and Facilities, including
Clubhouse and Swimming Pool
General: 1 space per 500 s.f. of GFA Swimming
Pools: 1 space per 2 persons capacity, plus one bike
rack for every 30 Parking Spaces.
Community Information Center 1 space per 750 s.f.
Event Center 1 space per 4 fixed seats or 10 spaces per 5,000 s.f.
of GFA, whichever is greater
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Equestrian Center / Riding
Academy (public and private) 1 space per 4 stalls
Fire / Police Station 1 space per 500 s.f. of GFA plus one bike rack per 30
Parking Spaces
Golf Course 4 spaces per hole
Library 1 space per 250 s.f. of GFA plus one bike rack per 30
Parking Spaces
Museum 1 space per 500 s.f. of GFA
Post Office / Annex 1 space per 750 s.f. of GFA, but not less than 6
spaces plus 1 bike rack per 30 Parking Spaces
Recreation / Community Center
1 space per employee for offices, plus 1 space per
300 s.f. of GFA for weight rooms/workout and/or
dance rooms, plus 1 space per 4 seats for
Restaurant/café or snack plus additional parking for
any stadiums/arenas
Recreation Field, Court and
Sports Facility
1 space per 3 seats in spectator area; if there is no
seating for spectators, an interpretation by the
Administrator is required
Religious Facility 1 space per 5 individuals based off of the max
occupancy
Swimming Pool, Outdoor (Public,
Community, or Club)
1 space per 6 persons’ capacity, plus 1 space per 10
seats
Utility Building and Facility Determined by site plan approval or CUP
Wireless Communications
Facilities 1 space per employee
EDUCATIONAL FACILITIES
Business, Technical and
Vocational Schools 1 space per 400 s.f. of GFA
College and University (including
satellite campus) 1 space per 400 s.f. of GFA
Elementary / Junior High / Middle
School
1 space per classroom, plus 1 space per 5 seats in
auditoriums or assembly halls
High School 5 spaces per classroom, plus 20 spaces for
administrative staff
Pre-School and Kindergarten
(Private)
1 space per classroom, but not less than 9 spaces
for the Building
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AGRICULTURAL USES
Plant Nursery / Sod Farm (retail
and wholesale)
Retail: 1 space per employee plus 1 space per
750s.f. of outdoor display/lathe house/greenhouse
area
Wholesale: 1 space per employee plus 2 guest
Parking Spaces
Vineyard (no Winery) 1 parking per employee
Winery
1 space per 1,000 s.f. of GFA. Gift shops,
Restaurants, event facilities, etc., shall require no
additional parking
TEMPORARY FACILITIES
Aggregate Processing, Asphalt,
and Concrete Batch Plant 1 space per employee
Carnival and Circus 1 space per 3 seats or can be reduced by a site plan
or CUP through Administrator
Farmers’ Market As determined by a site plan or CUP
Seasonal Sales As determined by a site plan.
Special Event Determined by site plan
Temporary Construction Office /
Yard
1 space per 2 employees using the facility, plus 2
spaces
Temporary Real Estate Sales
Office / Trailer
1 space per 2 employees using the facility, plus 2
spaces
GFA= Gross Floor Area
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CHAPTER 6
NON-CONFORMING USE
Eagle City Code 8-5 shall apply to property designated within the Avimor Planned Development
Zoning District (APD) to the extent it does not conflict with the provisions in this Title.
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CHAPTER 7
ZONING ADMINISTRATION AND ENFORCEMENT
11B-7-1: ADMINISTRATOR
A. Administration: The Administrator shall administer this Title.
B. Duties: For the purpose of this Title, the Administrator shall have the following duties:
1. To advise interested persons of the provisions of this Title;
2. To aid applicants in the preparation and expedition of required applications;
3. To issue zoning permits, certificate of occupancy permits, notifications and such similar
administrative duties;
4. To investigate all violations of this Title and notify in writing the person responsible for
such violation(s), ordering the action necessary to correct such violation;
5. To assist the Council in carrying out the provisions of this Title;
6. To manage the day-to-day and long-range function of this Title including but not limited
to the acceptance, review, processing and approval of all permits and applications within
the Administrator’s authority for development within Avimor; and
7. To effectuate any minor amendments as set forth in the Avimor Development Agreement
and this Title.
11B-7-2: ZONING PERMITS AND CERTIFICATES OF OCCUPANCY
A. Zoning Permit:
1. Permit Required: No use, Building or other structure shall be erected, moved, added to
or structurally altered, nor shall any Building, structure or land be established or changed
in use without a permit therefore issued by the Administrator. Zoning permits shall be
issued only in conformity with the provisions of this Title.
2. Application For Permit: The application for zoning permit shall be signed by the owner or
applicant attesting to the truth and exactness of all information supplied on the
application. Each application shall clearly state that the permit shall expire and may be
revoked if work has not begun or is not substantially completed within one (1) year or
other time frame established at the time of zoning permit issuance. At a minimum, the
application shall contain the following information, as applicable:
a. Name, address, phone number and email address of the applicant;
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b. Legal description of property;
c. Description of existing use;
d. Description of proposed use;
e. Zoning district and Land Use District;
f. Plan, drawn to scale, showing the actual dimensions and the shape of the Lot to be
built upon;
g. The exact size and location of existing Buildings on the Lot, if any; and the location
and dimensions of the proposed Building(s) or alteration;
h. Building heights;
i. Number of off-street Parking Spaces or loading berths;
j. Number of Dwelling Units;
k. Proposed sewer and water facilities; and
l. Such other matters as may be necessary to determine conformance with, and provide
for, the enforcement of this Title.
3. Approval Of Permit, Issuance: Within sixty (60) days after the receipt of an application for
a zoning permit, the Administrator shall either approve or disapprove the application in
conformance with the provisions of this Title. All zoning permits shall, however, be
conditional upon the commencement of work within one (1) year. One (1) copy of the
plans shall be returned to the applicant by the Administrator after the Administrator shall
have marked such copy either as approved or disapproved and attested to same by the
Administrator’s signature on such copy and one (1) copy of plans, similarly marked, shall
be retained by the Administrator. The Administrator shall issue a placard, to be posted in
a conspicuous place on the property in question, attesting to the fact that the use or
alteration is in conformance with the provisions of this Title.
4. Expiration and Revocation Of Permit: If the work described in any zoning permit has not
begun within one (1) year from the date of issuance thereof, said permit shall expire. It
shall be revoked by the Administrator and written notice thereof shall be given to the
persons affected. Additionally, the Administrator may, in writing, suspend or revoke a
zoning permit and may issue a stop work order; upon any violation of any requirement,
law, regulation, code or ordinance related to property for which the zoning permit has
been issued; whenever the permit is found to have been issued in error; or on the basis
of incorrect information having been supplied to the City.
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B. Certificates Of Occupancy:
1. Certificate Of Occupancy Required: It shall be unlawful to use or occupy or permit the use
or occupancy of any Building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged in its use or structure
until a certificate of occupancy shall have been issued therefor by the Administrator
stating that the proposed use of the Building or land conforms to the requirements of this
Title and with all conditional provisions that may have been imposed.
2. Temporary Certificate Of Occupancy: A temporary certificate of occupancy may be issued
by the Administrator for a period not exceeding six (6) months during alterations or partial
occupancy of a Building pending its completion.
D. Unlawful Acts:
1. Failure To Obtain Zoning Permit Or Certificate of Occupancy: Failure to obtain a zoning
permit or certificate of occupancy shall be a violation of this Title.
2. Use And Construction Contrary To Plans: Zoning permits or certificates of occupancy
issued on the basis of plans and applications approved by the Administrator authorize
only the use and arrangement set forth in such approved plans and applications or
amendments thereto, and no other use, arrangement or construction. Use, arrangement
or construction contrary to that authorized shall be deemed a violation of this Title.
11B-7-3: CONDITIONAL USES
11B-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE
A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing daily,
and that many of these and some other more conventional uses possess characteristics of
such unique and special nature relative to location, design, size, method of operation,
circulation and public facilities that each specific use must be considered individually.
B. Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a district
under the terms of this Title shall not be deemed a nonconforming use in such district, but
shall, without further action, be considered a conforming one.
C. Exceptions or waivers of standards within this Title, other than use, inclusive of “Variances”
may be permitted through issuance of a conditional use permit.
11B-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES
A. The Commission/Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing
such use at the proposed location:
1. Will, in fact, constitute a conditional use as established in Chapter 2 of this Title for the
Land Use District involved;
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2. Will be harmonious with and in accordance with the general objectives or with any
specific objective of this Title;
3. 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;
4. Will not be hazardous or disturbing to existing or future neighboring uses;
5. Will be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer and Schools; or that the persons or agencies responsible for the establishment
of the proposed use shall be able to provide adequately any such services;
6. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
7. 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;
8. Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public thoroughfares; and
9. Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance.
11B-7-3-4: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
A. In granting any conditional use, the Council may prescribe appropriate conditions, bonds and
safeguards in conformity with this Title. Violations of such conditions, bonds or safeguards,
when made a part of the terms under which the conditional use is granted, shall be deemed
a violation of this Title.
11B-7-3-5: CONDITIONAL USE PERMIT
A. Application For Conditional Use Permit: An application for conditional use permit shall be
filed with the Administrator by at least one (1) owner or lessee of property for which such
conditional use is proposed. At a minimum, the application shall contain the following
information:
1. Name, address, phone number and email address of the applicant;
2. Legal description of property;
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3. Description of existing use;
4. Zoning district and Land Use District;
5. Description of proposed conditional use;
6. A plan for the proposed site for the conditional use showing, as applicable, the location
of all Buildings, parking and loading area, traffic access and traffic circulation, Open
Spaces, landscaping, refuse and service areas, utilities, Signs, yards and such other
information as the Commission may require to determine if the proposed conditional use
meets the intent and requirements of this Title; and
7. A narrative statement evaluating the effects on adjoining property; the effect of such
elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of
the general compatibility with adjacent and other properties in the vicinity; and the
relationship of the proposed use to the Master Land Use Map.
B. Supplemental Information: Prior to granting a conditional use permit, the Council may
request studies from the planning staff or public agencies concerning social, economic, fiscal
and/or environmental effects on the proposed conditional use.
C. Procedure For Approval Of Conditional Use Permit:
1. Public Hearing, Notice: The Commission shall hold a public hearing in which interested
persons shall have an opportunity to be heard. The public hearing before the Commission
shall be scheduled to a date within sixty (60) days of receipt of an application. Within
seventy-five (75) days after receipt of the application, the Commission shall make its
recommendation to approve, conditionally approve or deny the application. Notice shall
be provided as required by Section 11B-7-12 of this Title.
2. Action By The Commission and Council: The Commission shall transmit its
recommendation of approval or denial to the Council. Within sixty (60) days after
receipt of the Commission's recommendation, the Council shall approve or deny the
application. The Council shall follow notice and hearing requirements set forth in
Section 11B-7-12 of this Title. If the application is approved or approved with
modifications, the Council shall direct the Administrator to issue a conditional use
permit listing the specific conditions specified by the Council for approval.
Upon granting or denying an application, the Council shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain a conditional use permit.
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3. Notice To Applicant: Within ten (10) days after a written decision has been rendered, the
Administrator shall provide the applicant with written notice of the action on the request.
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions shall be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
E. Transfer Of Permit: A conditional use permit is not transferable from one Parcel of land to
another. Conditional use permits are an entitlement to the specific property on which the
approval was granted and upon any transfer of title for the property the conditional use
permit transfers to the new owner(s) without further application or approval, provided,
however, the new owner(s) shall be bound by the same conditions of approval applicable to
the conditional use permit that was transferred.
F. Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be
considered as establishing a binding precedent to grant other conditional use permits.
G. Time Limitations, Extensions:
1. Once a conditional use is approved and exercised, said use may continue without further
temporal constraints, provided that the use complies with its intended purpose, or City
approved modifications thereafter, and does not violate any codes, subject to the
following:
a. An approved Conditional Use Permit shall be valid for a term approved and
conditioned by the Council, which term may be perpetual;
b. An extension of the time limit for an approved conditional use may be granted by the
Council, at its sole discretion, without further notice and hearing, if the following
findings are made:
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(1) There are no outstanding applicable conditional use permit violations on the
subject property. If such violations exist, they may be conditioned by the Council
to be cured as a condition of the extension of time;
(2) The conditional use, as previously approved, remains in the best interests of the
health, safety, and general welfare of the City;
(3) There have been no significant changes to this Title between the date of
conditional use approval and the date of the time extension request that would
require substantial modifications to the project;
(4) There are no hazardous conditions which have developed or have been discovered
on the project site; and
(5) The public facilities and services required for the project remain adequate.
11B-7-5: VARIANCES
11B-7-5-1: AUTHORITY TO GRANT VARIANCES
A. Authority To Grant Variances: The Council may authorize, in specific cases, such variance from
the terms of this Title as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this Title would result in unnecessary
hardship. No nonconforming use of neighboring lands, structures or Buildings in the same
district and no permitted or nonconforming use of lands, structures or Buildings in other
districts shall be considered grounds for issuance of a variance. Variances shall not be granted
on the grounds of convenience or profit, but only where strict application of the provisions
of this Title would result in unnecessary hardship.
B. Application And Standards For Variance: A variance from the terms of this Title shall not be
granted by the Council unless and until a written application for a variance is submitted to
the Administrator and the Council containing:
1. Name, address, phone number and email address of the applicant;
2. Legal description of property;
3. Description of nature of variance requested; and
4. A narrative statement demonstrating that the requested variance conforms to the
following standards:
a. That special conditions and circumstances exist which are peculiar to the land,
structure or Building involved and which are not applicable to other lands, structures
or Buildings in the same Land Use District;
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b. That a literal interpretation of the provisions of this Title would deprive the applicant
of rights commonly enjoyed by other properties in the same Land Use District under
the terms of this Title;
c. That special conditions and circumstances do not result from the actions of the
applicant;
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Title to other lands, structures or Buildings in the same
Land Use District; and
e. A variance shall not be granted unless the Council makes specific findings of fact
based directly on the particular evidence presented to the Council which support
conclusions that the above-mentioned standards and conditions have been met
by the applicant.
11B-7-5-2: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
A. Under no circumstances shall the Council grant a variance to allow a use not permissible
under the terms of this Title in the Land Use District involved, or any use expressly or by
implication prohibited by the terms of this Title in said Land Use District. In granting any
variance, the Council may prescribe appropriate conditions and safeguards in conformity with
this Title. Violation of such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this Title.
11B-7-5-3: PROCEDURE FOR APPROVAL OF A VARIANCE
A. Public Hearing, Notice: Prior to granting a variance, the Commission shall hold a public
hearing in which interested persons shall have an opportunity to be heard. The public hearing
before the Commission shall be scheduled to a date within sixty (60) days of receipt of an
application. Within seventy-five (75) days after receipt of the application the Commission
shall make its recommendation to approve, conditionally approve or deny the application.
Notice shall be provided as required by Section 11B-7-12 of this Title.
B. Action By the Commission and Council: The Commission shall transmit its recommendation
of approval, conditional approval or denial to the Council. Within sixty (60) days after receipt
of the Commission's recommendation, the Council shall approve or deny the application. The
Council shall follow the notice requirements provided by Section 11B-7-12 of this Title. The
Council may approve, conditionally approve or deny a variance request under the conditions
as herein specified and considering such additional safeguards as will uphold the intent of
this Title. If the application is approved or approved with modifications, the Council shall
direct the Administrator to issue a variance listing the specific conditions specified by the
Council for approval. Upon making its recommendation to the Council, and upon granting or
denying an application, the Commission or Council, as applicable, shall specify:
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1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a variance.
C. Notice To Applicant: Within seven (7) days after a written decision has been rendered, the
Administrator shall provide the applicant with written notice of the action on the request.
Such written notice shall provide or be accompanied by notice to the applicant regarding the
applicant's right to request a regulatory taking analysis pursuant to Section 67-8003, Idaho
Code.
11B-7-6: DESIGN REVIEW; ADMINISTRATIVE
A. The design requirements, objectives and consideration found in Section 11B-3-6, of this Title,
apply to most development in Avimor and design review applications are processed as
provided herein.
11B-7-6-1: ADMINISTRATIVE LEVEL DESIGN REVIEW APPLICATION
A. Design Review Application Scheduling: At least thirty-five (35) days prior to action by the
Administrator, anyone required to comply with this Chapter shall submit their application,
together with the required fee, to the Administrator. The Administrator may extend the
thirty-five (35) day review time for design review applications that are unusually large or
complicated and may decrease review times for applications that are minor or do not require
transmittals to other agencies.
B. Action And Required Findings: Following a complete review of the design review application,
the Administrator shall approve the application as presented, approve the application with
supplementary conditions, continue the application for further review, or deny the
application. Within two (2) days after the Administrator’s decision has been rendered, the
Administrator shall provide the applicant written notice of the action on the request. The
decision of the Administrator shall be final unless the Administrator’s decision is appealed
timely to the Design Review Board.
11B-7-6-2: ADMINISTRATIVE LEVEL DESIGN REVIEW APPEALS
A. Appeal of Administrator Decision to Design Review Board: Administrative level design review
decisions may be appealed to the Design Review Board. An appeal fee, as may be adopted by
resolution of the Council, shall be required for any appeal. Any such appeal shall be submitted
within ten (10) days after the Administrator’s written decision by filing with the Administrator
a notice of appeal specifying the grounds for the appeal. The Administrator shall transmit to
the Design Review Board, all documents constituting the record upon which the appeal is
based.
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B. Action By the Design Review Board: Within sixty (60) days after receipt of the appeal, the
Design Review Board shall approve, approve with conditions, continue for further review, or
deny the appeal. Upon granting or denying an appeal, the Design Review Board shall specify:
1. The ordinance and standards used in evaluating the appeal;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
C. Notice to Appellant: Within seven (7) days after the Design Review Board’s written decision
has been rendered, the Administrator shall provide the appellant written notice of the action
on the request. The decision of the Design Review Board shall be final unless the Design
Review Board’s decision is appealed timely to the Council.
D. Appeal of Design Review Board Decision to Council: Design Review Board decisions may be
appealed to the Council. An appeal fee, as may be adopted by resolution of the Council, shall
be required for any appeal. Any such appeal shall be submitted within twenty (20) days after
the Design Review Board’s written decision by filing with the Administrator a notice of appeal
specifying the grounds for the appeal. The Administrator shall transmit to the Council, all
documents constituting the record upon which the appeal is based. An appeal stays all
proceedings in furtherance of the action taken unless the Administrator certifies to the
Council after the notice of appeal is filed with the Administrator that by reason of facts stated
in the application, a stay would, in the Administrator’s opinion, cause imminent peril to life
and property. In such case, proceedings shall not be stayed other than by a restraining order
which may be granted by the Council or by a court based upon an application, with notice to
the Administrator showing due cause.
E. Action By the Council: Within forty-five (45) days after receipt of the appeal, the Council shall
approve, approve with conditions, continue for further review, or deny the appeal. Upon
granting or denying an appeal, the Council shall specify:
1. The ordinance and standards used in evaluating the appeal;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
Notice to Appellant: Within seven (7) days after the Council’s written decision has been
rendered, the Administrator shall provide the appellant written notice of the action on the
request. Such written notice shall provide or be accompanied by notice to the applicant
regarding the applicant's right to request a regulatory taking analysis pursuant to Section 67-
8003, Idaho Code. The decision of the Council is final.
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11B-7-7: DESIGN REVIEW; BOARD LEVEL REVIEW:
11B-7-7-1: Board Level Design Review Application
A. Design Review Application Scheduling: At least thirty-five (35) days prior to action by the
Design Review Board, anyone required to comply with this Chapter shall submit their
application, together with the required fee, to the Administrator. The Administrator may
extend the thirty-five (35) day review time for design review applications that are unusually
large or complicated and may decrease review times for applications that are minor or do not
require transmittals to other agencies. At least seven (7) days prior to any scheduled Design
Review Board meeting, all applications to be considered at that meeting shall be made
available to each member of the Design Review Board. The Administrator shall provide notice
of the Design Review Board meeting to the applicant at least seven (7) days prior to the Design
Review Board meeting.
B. Action And Required Findings: Following a complete review of the design review application,
the Design Review Board shall approve the application as presented, approve the application
with supplementary conditions, continue the application for further review, or deny the
application. Within seven (7) days after the Design Review Board’s written decision has been
rendered, the Administrator shall provide the appellant written notice of the action on the
request. The decision of the Design Review Board shall be final unless the Design Review
Board’s decision is appealed timely to the Council.
11B-7-7-2: BOARD LEVEL DESIGN REVIEW APPEALS
A. Appeal of Design Review Board Decision to Council: Design Review Board decisions may be
appealed to the Council. An appeal fee, as may be adopted by resolution of the Council, shall
be required for any appeal. Any such appeal shall be submitted within twenty (20) days after
the Design Review Board’s written decision by filing with the Administrator a notice of appeal
specifying the grounds for the appeal. The Administrator shall transmit to the Council, all
documents constituting the record upon which the appeal is based. An appeal stays all
proceedings in furtherance of the action taken unless the Administrator certifies to the
Council after the notice of appeal is filed with the Administrator that by reason of facts stated
in the application, a stay would, in the Administrator’s opinion, cause imminent peril to life
and property. In such case, proceedings shall not be stayed other than by a restraining order
which may be granted by the City Council or by a court based upon an application, with notice
to the Administrator showing due cause.
B. Action By the Council: Within forty-five (45) days after receipt of the appeal, the Council shall
approve, approve with conditions, continue for further review, or deny the appeal. Upon
granting or denying an appeal, the Council shall specify:
1. The ordinance and standards used in evaluating the appeal;
2. The reasons for approval or denial; and
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3. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
C. Notice to Appellant: Within seven (7) days after the Council’s written decision has been
rendered, the Administrator shall provide the appellant written notice of the action on the
request. Such written notice shall provide or be accompanied by notice to the applicant
regarding the applicant’s right to request a regulatory taking analysis pursuant to Section 67-
8003, Idaho Code. The decision of the Council is final.
11B-7-8: APPEALS; ADMINISTRATIVE DECISIONS
A. The Council shall consider administrative appeals where it is alleged that an error has been
made by the Administrator.
11B-7-8-1: ADMINISTRATIVE APPEALS
A. Appeal of Administrator Decision to Council: Appeals to the Council concerning interpretation
or administration of this Title may be taken by any person aggrieved or by any officer or
bureau of the legislative authority affected by any decision of the Administrator.
B. An appeal fee, as may be adopted by resolution of the Council, shall be required for any
appeal. Any such appeal shall be submitted within twenty (20) days after the Administrator’s
written decision by filing with the Administrator a notice of appeal specifying the grounds for
the appeal. The Administrator shall transmit to the Council, all documents constituting the
record upon which the appeal is based. An appeal stays all proceedings in furtherance of the
action taken unless the Administrator certifies to the Council after the notice of appeal is filed
with the Administrator that by reason of facts stated in the application, a stay would, in the
Administrator’s opinion, cause imminent peril to life and property. In such case, proceedings
shall not be stayed other than by a restraining order which may be granted by the Council or
by a court based upon an application, with notice to the Administrator showing due cause.
C. Action By the Council: Within sixty (60) days after receipt of the appeal, the Council shall
approve, approve with conditions, continue for further review, or deny the appeal. Upon
granting or denying an appeal, the Council shall specify:
1. The ordinance and standards used in evaluating the appeal;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant or appellant could take to obtain the result
requested.
D. Notice to Appellant: Within seven (7) days after the Council’s written decision has been
rendered, the Administrator shall provide the appellant written notice of the action on the
request. Such written notice shall provide or be accompanied by notice to the applicant
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regarding the applicant’s right to request a regulatory taking analysis pursuant to Section 67-
8003, Idaho Code. The decision of the Council is final.
11B-7-9: TITLE AMENDMENTS
A. Authority: Whenever the public necessity, convenience, general welfare or good zoning
practices require, and in accordance with the provisions for amendments to this Title
contained in the Avimor Development Agreement, the Council may, by ordinance after
receipt of recommendation thereon from the Commission, and subject to procedures
provided by law, amend, supplement, change or repeal the regulations of this Title.
B. Application For Amendment: Applications for amendments to this Title shall contain at least
the following information:
1. Name, address, phone number and email address of the applicant;
2. A vicinity map at a scale approved by the Administrator showing property lines,
thoroughfares, existing and proposed zoning and such other items as the Administrator
may require;
3. A list of all property owners and their mailing addresses who are within three hundred
feet (300') of the external boundaries of the land being considered;
4. A statement on how the proposed amendment relates to the purpose statement of this
Title in Section 11B-1-2, and the Avimor Development Agreement, availability of public
facilities, and compatibility with the surrounding area;
5. A fee as established by the Council; and
6. Letter from the Master Developer signifying the Master Developer’s concurrence,
conditional concurrence, or opposition of the application.
C. General Procedure For Amendments: This Title shall be amended in the following manner:
1. Request for an amendment to this Title shall be submitted to the Commission, which shall
evaluate the request to determine the extent and nature of the amendment requested.
Request for an amendment to Chapter 3 of this Title shall be submitted first to the Design
Review Board, which shall evaluate the request to determine the extent and nature of the
amendment requested and make its recommendation to the Commission.
2. Requests shall be reviewed by the Commission and shall be evaluated to determine if
such action shall create a demand for public infrastructure that is not currently available
for the site including, but not limited to, municipal sewer and water services.
3. If the request is in accordance with the purpose statement of this Title in Section 11B-1-
2, availability of public facilities, and compatibility with the surrounding area and the
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Avimor Development Agreement, the Commission may recommend and the Council may
adopt or reject the amendment under the notice and hearing procedures provided in
Section 11B-7-12 of this Title.
D. Public Hearings, Notice: The Commission, prior to recommending an amendment to this Title
to the Council, shall conduct at least one public hearing in which interested persons shall have
an opportunity to be heard. The Planning & Zoning Commission shall follow the notice
requirements provided in Section 11B-7-12 of this Title. Following the Commission’s hearing,
if the Commission makes a material change from what was presented at the public hearing,
further notice and hearing shall be provided before the Commission forwards the
amendment with its recommendation to the Council.
E. Action By Commission:
1. Recommendation By The Commission: Within sixty (60) days from the receipt of the
proposed amendment, the Commission shall transmit its recommendation to the Council.
The Commission may recommend that the amendment be granted as requested, or it
may recommend a modification of the amendment requested, or it may recommend that
the amendment be denied. The Commission shall ensure that any recommendations for
amendments are in accordance with the following findings:
a. The proposed amendment is in accordance with the purpose statement of this Title
in Section 11B-1-2, the availability of public facilities, compatibility with the
surrounding area, and consistency with the Avimor Development Agreement;
b. The information provided from the agencies having jurisdiction over Avimor indicate
that adequate public facilities exist, or are expected to be provided, to serve any and
all uses allowed on property affected by the proposed amendment; and
c. No nonconforming uses will be created with the amendment.
F. Action By Council:
1. The Council, prior to adopting, revising or rejecting the amendment to this Title as
recommended by the Commission, shall conduct at least one public hearing using the
same notice and hearing procedures as the Commission. Following the Council hearing, if
the Council makes a material change from what was presented at the public hearing,
further notice and hearing shall be provided before the Council adopts the amendment.
2. Upon granting or denying an application to amend this Title, the Council shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain the amendment.
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G. Effect Of Amendment Approved: In the event the Council shall approve an amendment, such
amendment shall thereafter be made part of this Title upon the preparation and passage of
an ordinance.
11B-7-10: ZONING; SUB-AREA PLAN; AND SUBDIVISION LAND USE MAP
A. Zoning: All land within the Avimor Planned Development Zoning District (APD) shall be
subject to the provisions of this Title. Prior to annexation of an unincorporated area, or
prior to zoning additional property Avimor Planned Development (APD), the Council
shall request and receive a recommendation from the Commission on the proposed
additions to the Master Land Use Map and/or the Avimor Development Agreement, if
applicable, for the unincorporated area. The Commission and the Council shall follow
the notice and hearing procedures for map amendments set forth in Section 11B-7-12D
of this Title. Concurrently or immediately following the adoption of an ordinance of
annexation and/or Avimor Planned Development (APD) zoning, the Council shall amend
the Master Land Use Map and the Avimor Development Agreement, if applicable, to
reflect the annexation.
B. Sub-Area Plan: To facilitate regional planning and ensure compliance with the Master
Land Use Map, at least every five (5) years, Master Developer shall submit a Sub-Area
Plan for approval. The Sub-Area Plan will guide future development and adoption of
specific Subdivision Land Use Maps as development occurs within the applicable Sub-Area
Plan. When submitted for approval, Sub-Area Plans should generally address the area
planned to be developed in the then-current Five-Year Plan. Master Developer may
submit a Sub-Area Plan or plans for approval as frequently as desired and subsequent
Sub-Area Plans may include lands included in prior-approved Sub-Area Plans. Except for
the approved Village One Land Use Map and Boise County Phase 1 Subdivision Land Use
Map, no area may be designated with a Sub-Use District through the approval of a
Subdivision Land Use Map unless that area is included in an approved Sub-Area Plan.
1. Required Information and Materials: In support of a Sub-Area Plan approval,
Master Developer shall submit the following:
i. A conceptual plan, or plans, of the land within the applicable sub-area
identifying:
1. The anticipated location, size, estimated number of residential
units, and whether commercial areas are planned within the
individual Sub-Use District(s) within the sub-area;
2. General development sequencing within the sub-area, recognizing
that different areas within a sub-area may be developed
contemporaneously;
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3. Anticipated location for regional or community public facilities,
such as schools, emergency service facilities, and public parks; and
4. Anticipated location of regional pathways and arterial street and
collector streets.
ii. A slope analysis of the sub-area identifying slopes over twenty-five
percent; recognizing that development of slopes over twenty-five percent
is permitted where significant natural features are preserved and visual
disruption is minimized.;
iii. A map identifying significant natural features within the sub-area such as
visually sensitive ridgelines and unique topographical or geologic
formations; and
iv. Approval letter from the Avimor Conservation Director stating the
proposed Sub-Area Plan is in compliance with the habitat management
plan and any conditions of development required pursuant to the habitat
management plan.
2. Procedure For Approval of Sub-Area Plan:
i. Administrative Review: Upon receipt of a request for a new or amended
Sub-Area Plan and receipt of the required information and materials, the
Administrator shall schedule a public hearing before the Commission,
which hearing shall be held within sixty (60) days of the date of certification
of a complete application.
ii. Recommendation By Administrator: The Administrator shall prepare a
recommendation on the Sub-Area Plan to the Commission.
iii. Review By the Parks, Pathways, and Recreation Commission: The
Administrator may refer the Sub-Area Plan to the City’s Parks, Pathways,
and Recreation Commission for review and recommendation.
iv. Public Notice: The Administrator shall provide notice in accordance with
the requirements of Section 11B-7-12 of this Title.
v. Action By Commission/Findings: In reviewing the proposed Sub-Area Plan,
the Commission shall consider the following:
1. General compliance with the Master Land Use Map;
2. General compliance with the Development Plans to preserve
significant natural features and slopes over twenty-five percent, to
the greatest extent possible, recognizing that development of
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slopes over twenty-five percent is permitted where significant
natural features are preserved and visual disruption is minimized.
3. General compliance with the Comprehensive Plan’s transect model
of development encouraging more intense development clustered
along roadways and flatter areas, recognizing that the
Comprehensive Plan is a guideline and the neighborhood and
community centers on the Master Land Use Map are smaller in
scale.
4. Compliance with the Avimor Development Agreement.
The Commission may recommend approval, conditional approval,
disapproval, or tabling for a period not to exceed thirty-five (35) days. Such
action shall occur within thirty-five (35) days of the date of the regular
meeting at which the Sub-Area Plan is first considered by the Commission.
vi. Action By Council: Within sixty (60) days after receipt of the Commission’s
recommendation and following the notice requirements as set forth in
Section 11B-7-12 of this Title, the Council shall hold a hearing and make
findings as required in Section 11B-7-10(B)(1)(v). The Council shall
approve, approve conditionally, or disapprove the Sub-Area Plan within
thirty (30) days of the public hearing conducted to consider the
Commission’s recommendation. Approved Sub-Area Plans shall be kept on
file with the City to govern future development and allowed uses within
the platted area.
3. Modifications to Approved Sub-Area Plan. Upon request by Master Developer, an
approved Sub-Area Plan may be modified by the Council as part of a preliminary
plat application so long as the modified Sub-Area Plan meets all of the approval
criteria set forth in 11B-7-10 (B)(1((v)(1)-(4).
C. Subdivision Land Use Maps:
1. Subdivision Land Use Maps shall be submitted for review and approval together with
preliminary plat applications filed pursuant to Section 11B-11B-3. No development may
occur on land without an approved Subdivision Land Use Map except the following: (i)
approved public infrastructure; (ii) agricultural uses; and (iii) trailhead facilities, such as
gravel or improved trailhead parking, which are permitted where access to Pathways and
Trails is necessary or convienent and, in all locations, identified on the Open Space Map.
2. Approved subdivision land use maps, the Village One Land Use Map, and the Boise
County Phase 1 Subdivision Land Use Map may be amended in accordance with the
notice and hearing provisions for approval of a Subdivision Land Use Map set forth in
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Section 11B-11B-3. No party, except the Master Developer seek and amendment of an
approved Subdivision Land Use Map or the Village One Land Use Map.
11B-7-11: SCHEDULE OF FEES, CHARGES AND EXPENSES
A. The Council shall establish a schedule of fees, charges and expenses and a collection
procedure for zoning permits, amendments, appeals, variances, conditional use permits, plat
approvals and other matters pertaining to the administration and enforcement of this Title
requiring investigations, inspections, legal advertising, postage and other expenses. The
schedule of fees shall be posted in the office of the Administrator and may be altered or
amended only by the Council. Until all applicable fees, charges and expenses have been paid
in full, no action shall be taken on any application or appeal.
B. All Avimor applications submitted by the Master Developer that have not been identified on
the City’s schedule of fees as adopted by the Council or that require the City to contract staff
specialized to review such materials, including but not limited to economic analysis, habitat
and engineers, shall be subject the terms of the reimbursement agreement between the City
and the Master Developer, as may be amended from time to time.
11B-7-12: NOTICE REQUIREMENTS
A. Public Hearings: On every land use action for which notice is provided below, both the
Commission and the Council shall hold a public hearing in which interested persons shall have
an opportunity to be heard. No notice of a Council hearing shall be given prior to receiving a
recommendation from the Commission or an appeal from the Design Review Board.
Following any hearing, if a material change from what was advertised in the notice and
presented at the public hearing is proposed, further notice and hearing shall be provided
before the final decision is made.
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for annexations,
variances, conditional uses, zoning amendments, and subdivisions.
1. Meeting Requirements:
a. It shall be the sole duty of the applicant to provide mailed written notice, in a form
deemed appropriate by the Administrator, to all property owners of record owning
property within a three hundred-foot (300') radius of the exterior boundary of the
application property, and to contiguous homeowners' associations and any
neighborhood associations deemed appropriate by the Administrator. Notice of a
neighborhood meeting shall be in addition to, and not in lieu of, mailed radius notices
already required by this Title, except when notice of a neighborhood meeting is
required of two hundred (200) or more property owners of record, alternate forms of
notice may be provided as deemed appropriate by the Administrator. The
neighborhood meeting written notice shall be provided by mail minimum of fifteen
(15) days prior to the scheduled neighborhood meeting.
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b. The purpose of the neighborhood meeting is for the applicant to provide project
information to the property owners of record. Meetings shall be on a Saturday
between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M., or on a weekday
between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be
on a holiday, a holiday weekend or the day before or after a holiday or holiday
weekend. The meeting shall be held either on the application property, or at a location
with suitable meeting facilities if such facilities are within the City of Eagle planning
boundary as identified within the City’s comprehensive plan.
c. The neighborhood meeting shall be conducted prior to the submittal of the
application.
d. Application materials shall include a written verification of the neighborhood meeting
and a dated copy of notice provided to property owners of record.
C. Published And Mailed Notice For Title 11B Text Enactments, Amendments, And Repeals: At
least fifteen (15) days prior to each hearing, notice of the time and place of the hearing and
a summary of the proposed action shall be published in the official newspaper or paper of
general circulation within the City. Notice shall also be made available to other papers, radio,
and television stations serving the City for use as a public service announcement. Notice shall
be sent to all political subdivisions providing services within the City, including school districts,
at least fifteen (15) days prior to the public hearing.
D. Published And Mailed Notice For Master Land Use Map Amendments, Avimor Development
Agreement Amendments, Conditional Use Permit, Variance, and Subdivision: At least fifteen
(15) days prior to each hearing, notice of the time and place of the hearing and a summary of
the request and proposed action shall be published in the official newspaper or paper of
general circulation within the City. Notice may also be made available to other papers, Radio,
and television stations serving the City for use as a public service announcement. Or fifteen
(15) days prior to the hearing, additional notice shall be provided by mail to political
subdivisions providing services, and to property owners of record of the land being
considered, of land within a three hundred-foot (300') perimeter of the exterior boundary of
the application property.
E. Posted Notice: Anytime notice is required under this Title, the land being considered shall be
posted not less than ten (10) days prior to the Commission hearing and again not less than
ten (10) days prior to the Council hearing. For Title 11B amendments consisting of changes to
more than ten (10) Parcels of land posted notice shall not be required unless all Parcels under
request for amendment are contiguous and if the Parcels abut a public right of way. In such
cases a minimum of one four foot by eight-foot (4' x 8') plywood Sign shall be placed adjacent
to the right of way. Otherwise, three (3) notices in the official newspaper or paper of general
circulation, with the third notice appearing a minimum of ten (10) days prior to the public
hearing, shall be published. The notice shall include a six inch by six-inch (6 x 6") minimum
size graphic representation showing the proposed Title 11B map amendments. Except as
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noted herein, posting of the property must be in substantial compliance with the following
requirements:
1. Signage Requirements:
a. The Sign(s) shall consist of four foot by four-foot (4' x 4') plywood or other Hard
Surface mounted on two (2) four inches by four-inch (4" x 4") posts in such a manner
that it is perpendicular to the roadway along which the Sign is posted and the bottom
of the Sign is at least three feet (3') above the ground.
b. Centered at the top of the four foot by four-foot (4' x 4') Sign board(s) in six-inch (6")
letters shall be the words "Public Notice". In addition, each Sign will inform the public
of the name of the applicant, and if applicable, the proposed development, the date,
time, place, and nature of the public hearing and a summary of the proposal to be
considered. Each Sign shall be painted white and the letters shall be painted black and
shall appear on both sides. An example of this Sign is listed below:
2. Location Of Signs: The Sign(s) shall be posted on the land being considered along each
roadway that is adjacent to it. The Signs shall be located on the property outside of the
public right of way, if they can be so located and remain clearly visible from the roadway;
otherwise, the consent of the owner of the right of way must be obtained and the Sign(s)
located therein. Except as noted herein, or as determined by the Administrator, if the land
being considered consists of more than one Parcel of record, a Sign must be located upon
each Parcel. In the event that the land being considered includes properties with five
hundred feet’ (500') or more of road frontage, a Sign shall be placed on each end of the
property roadway frontage. If the property includes a corner Lot, three (3) Signs maybe
posted, one on the corner and one near each end of the property roadway frontages.
Upon finding that adequate notice will be provided, the Administrator may not require all
Signs to comply with the size requirements of this Section and may not require the posting
of a Sign upon every Parcel.
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3. Certification: The applicant shall submit a certification to the City Clerk no later than seven
(7) days prior to the hearing as to what, where, and when Sign(s) were posted. Unless the
certification is received by such date, the hearing will be canceled.
4. Sign Removal; Penalty: No later than three (3) days after the noticed hearing and any
continuation thereof, Sign(s) must be removed. A penalty of twenty-five dollars ($25.00)
per day shall be imposed against each applicant for late removal of the Signs.
11B-7-13: VIOLATIONS AND PENALTIES
A. Complaints Regarding Violations: Whenever a violation of this Title occurs, or is alleged to
have occurred, any person may file a written complaint. Such complaint, stating fully the
causes and basis thereof, shall be filed with the Administrator. The Administrator shall
properly record such complaint, immediately investigate and take action thereon as provided
by this Title.
B. Penalties: The City Attorney shall, in addition to taking whatever criminal action deemed
necessary, take steps to civilly enjoin any violation of this Title. Penalties for failure to comply
with or violations of the provisions of this Title shall be as follows: Violation of any of the
provisions of this Title or failure to comply with any of its requirements shall constitute an
infraction, and be punishable as provided below. The landowner, tenant, subdivider, builder,
public official or any other person who commits, participates in, assists in or maintains such
violation may be found guilty of a separate offense. Nothing herein contained shall prevent
the Council or any other public official or private citizen from taking such lawful action as is
necessary to restrain or prevent any violation of this Title or of the Idaho Code.
1. Misdemeanor Penalty: Any person convicted of a violation of any Section or provision of
this Title, without regard to the form of the judgment, shall be subject to fine and/or
imprisonment up to but not exceeding the maximum penalties set forth in Sections 18-
113 and 50-302, Idaho Code, as may from time to time be amended and/or retitled. Either
or both such fine and imprisonment may be imposed; and in addition, thereto, any person
so convicted shall pay costs as the court may assess.
2. Infraction Penalty: Any person convicted of a violation of any Chapter or provision of this
Title when such offense is specifically designated as an infraction, and where no other
penalty is set forth therein, shall be subject to fine as set forth in Section 18-113A, Idaho
Code, as may from time to time be amended and/or retitled. Failure to satisfy judgment
as ordered by the court shall be deemed contempt of court punishable as a misdemeanor
pursuant to Idaho Code 18-1801.
3. Federally Mandated Programs: When this City is participating in a federally mandated
program, wherein penalties or enforcement remedies are required by the terms of
participation in the program, the City may enforce such requirements by ordinance, to
include a criminal or civil monetary penalty not to exceed one thousand dollars
($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months or to
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include both a fine and imprisonment for criminal offenses as set forth in Section 50-302,
Idaho Code, as may from time to time be amended and/or retitled.
4. License: When a person is convicted or found guilty of a violation of any Chapter or
provision of this Title or any ordinance of the City, any license previously issued to him/her
by the City, and directly related to the conviction, may be revoked by the court or by the
Council.
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CHAPTER 8
AREA OF CITY IMPACT
Eagle City Code 8-8 shall apply to property designated within the Avimor Planned Development
Zoning District (APD) to the extent it does not conflict with the provisions in this Title.
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CHAPTER 9
HISTORIC PRESERVATION
Eagle City Code 8-9 shall apply to property designated within the Avimor Planned Development
Zoning District (APD) to the extent it does not conflict with the provisions in this Title
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CHAPTER 10
MINIMAL PROPERTY MAINTENANCE
Eagle City Code 8-11 shall apply to property designated within the Avimor Planned Development
Zoning District (APD) to the extent it does not conflict with the provisions in this Title.
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CHAPTER 11
LAND SUBDIVISIONS
SUBCHAPTER 11A
GENERAL SUBDIVISION PROVISIONS
11B-11A-1: SHORT TITLE
Chapter 11 of this Title shall be known and may be cited as the SUBDIVISION ORDINANCE OF
AVIMOR.
11B-11A-2: AUTHORITY
These regulations are authorized by Title 50, Chapter 13 and Title 67, Chapter 65 of the Idaho
Code; and Title 12, Chapter 2 of the Idaho constitution, as amended or subsequently codified.
11B-11A-3: PURPOSE
The purpose of these regulations is to promote the public health, safety and general welfare, and
to provide for:
A. Harmonious development;
B. The coordination of streets and roads within a Subdivision with other existing or planned
streets and roads;
C. Adequate Open Space for travel, light, air and recreation;
D. Adequate transportation, water drainage and sanitary facilities;
E. The avoidance of the scattered Subdivision of land that would result in either of the following:
1. The lack of water supply, sewer service, drainage, transportation or other public services;
and
2. The unnecessary imposition of an excessive expenditure of public funds for the supply of
such services.
F. The requirements as to the extent and the manner in which:
1. Roads shall be created, improved and maintained; and
2. Centralized water and sewer facilities are required for all Subdivision and Parcel division
applications submitted except the City Council may permit the use of individual well(s)
and septic system(s) upon a determination that the public health, safety, and welfare will
not be negatively impacted.
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G. The manner and form of making and filing of any Plats; and
H. The administration of these regulations by defining the powers and duties of approving
authorities.
11B-11A-4: APPLICABILITY:
These regulations shall apply to the Subdivision of land within the Avimor Planned Development
Zoning District (APD).
11B-11A-5: INTERPRETATION:
All Subdivisions as herein defined shall be submitted for approval by the Council and shall comply
with the provisions of this Title. In the event of a conflict between these regulations and any
other provisions in City Code, these regulations shall prevail.
11B-11A-6: RULES AND DEFINITIONS:
A. Terms or words used herein shall be interpreted as follows:
1. The present tense includes the past or future tense; the singular includes the plural and
the plural includes the singular;
2. The word "shall" is mandatory; the word "may" is permissive; and the word "should" is
preferred; and
3. The masculine shall include the feminine.
B. As used in Chapter 11 of this Title, the following words and terms shall have the meanings
ascribed to them in this Chapter:
ARTERIAL STREET: A street designated for the purpose of carrying fast and/or heavy traffic.
BLOCK: A group of Lots, tracts or Parcels within well-defined boundaries, usually streets.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or
other means for erecting pads for Buildings.
CHANNEL: A natural or artificial watercourse of perceptible extent, with definite bend and banks
to confine and conduct continuously or periodically flowing water.
COLLECTOR STREET: A street designated for the purpose of carrying traffic from minor streets to
other Collector Streets and/or Arterial Streets.
COUNTY RECORDER: The office of the applicable County Recorder.
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COVENANT: A written promise or pledge.
CUL-DE-SAC: A street connected to another street at one end only and provided with a
turnaround space at its terminus.
CULVERT: A drain that Channels water under a bridge, street, road or driveway.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance,
resolution or entry in the official minutes as by the recording of a Plat. Dedicated land becomes
public upon the acceptance by the City.
DITCH: An open Channel artificially constructed.
DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with "runoff"
as used herein.
DRAINAGE CHANNEL: A natural Channel, Ditch, pipe or other conduit for liquid, naturally or
artificially situated to receive Storm Drainage at an inlet point or multiple inlet points and then
convey such Storm Drainage to an outlet point.
DRAINAGE FACILITY: An artificially constructed or naturally occurring Drainage Channel,
detention or retention facility, or partial retention facility.
DRAINAGE RECEIVER: A government entity, canal company or special taxing district which
maintains a Drainage Facility adjacent to the development and agrees, as evidenced by a signed
and dated public document, to accept a defined quantity of Storm Drainage from the
development. This definition also applies to the Local Highway Department, with regard to any
runoff from any development to any public street. Notice is particularly given that the presence
of a natural drainage Channel does not relieve the developer from the requirement that any
Drainage must be retained unless discharged at the predevelopment rate or it is formally
accepted by a Drainage Receiver.
DRAINAGEWAY: A drainage Channel or drainage Ditch.
DRIVEWAYS: Driveways shall provide access to no more than three (3) dwellings. Driveways
providing access to a maximum of eight (8) Single Family Special Lots, as described in Chapter 2
of this Title, may be permitted providing that the driveway length does not exceed one hundred
fifty (150) feet and review and approval has been received from emergency service providers for
the specific location and configuration.
EASEMENT: A grant by a property Owner to specific persons or to the public to use land for
specific purposes.
ENGINEER: Any person who is licensed in the state to practice professional engineering.
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FLOOD: The temporary inundation of land adjacent to and inundated by overflow from a river,
stream, lake or other body of water.
FLOOD OF 1% ANNUAL CHANCE: A Flood magnitude which has a one percent (1%) chance of
being equaled or exceeded in any given year.
FLOODPLAIN: The relatively flat area or lowland adjoining the Channel of a river, stream, lake or
other body of water which has been or may be covered by water of a Flood of 1% Annual Chance.
The Floodplain includes the Channel, Floodway or Floodway Fringe, as established pursuant to
engineering practices of the U.S. Army Corps of Engineers.
FLOODWAY: The Channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base Flood without cumulatively increasing the water
surface elevation more than one foot (1').
FLOODWAY FRINGE: That part of the Floodplain which is beyond the Floodway. Such areas
include those portions of the Floodplain which will be inundated by a Flood of 1% Annual Chance.
HIGHWAY: A street designated as a Highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION: Slopes over ten percent (10%) shall be required to conform to the Avimor
Grading Guidelines and Hillside Development Standards.
IMPROVEMENT: Any alteration to the land or other physical construction associated with
Subdivision and Building Site developments.
LOT AREA: The area of any Lot shall be determined exclusive of street, Highway, alley, road or
rights of way of record.
LOT TYPES: As used in these regulations, Lot Types are as follows:
1. Corner Lot: A Lot located at the intersections of two (2) or more streets;
2. Interior Lot: A Lot other than a Corner Lot with frontage on only one street other than a
Corner Lot; and
3. Through Lot: A Lot with frontage on more than one street other than a Corner Lot.
MAJOR SUBDIVISION: Any Subdivision not able to qualify as a Minor Subdivision, including, but
not limited to, Subdivision of two (2) or more Lots, or any size Subdivision requiring any new
street or extension of the local government facilities, or the creation of any public
Improvements.
MINOR STREET: A street which has the primary purpose of providing access to abutting
properties.
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MINOR SUBDIVISION: Any Subdivision located in a HMU or MU/C Sub District and does not
exceed thirty (30) Lots which may include Super Pad(s)/Large Lot(s) or Lots located in any other
Sub- District and does not exceed ten (10) Lots which may include Super Pad(s)/Large Lot(s).The
Subdivision must be fronting on an existing street; not involving any new street or road, or the
extension of municipal facilities, or the creation of any public Improvements; and not adversely
affecting the remainder of the Parcel or adjoining property; and not in conflict with any provision
or portion of the applicable Preliminary Plat, official map, or this Chapter.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or steel
rods, used to identify any tract, Parcel, Lot or street lines, as specified in Chapter 50-1303, Idaho
Code.
OWNER: An individual, firm, association, syndicate, partnership or corporation having any
interest, legal or equitable, in the land to be subdivided.
PARKS, PATHWAYS, AND FACILITIES MAP: A conceptual map in, conformance with the Open
Space Plan, submitted with each Preliminary Plat application, for the area being platted, that
depicts the location of parks, Pathways, and Trails, roadway crossings, habitat, and ownership
structure or intent to dedicate such park or pathway facilities if known at the time of submittal.
PARTIAL RETENTION OR DETENTION BASIN: A constructed basin or underground Storage Vessel
built to retain and/or detain a portion of the Storm Drainage it receives until it is absorbed into
the soil strata, and to allow not more than an amount as designated by agreement with an
adjacent Drainage Receiver to pass into an adjacent drainage way or Drainage Facility.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the required street
width, usually along the edge of a Subdivision or tract of land.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the Subdivider
or his surety to the City clerk which guarantees that the Subdivider will perform all actions
required by the governing body regarding an approved Plat, and provides that if the Subdivider
defaults and fails to comply with the provisions of an approved Plat, the Subdivider or his surety
will pay damages up to the limit of the bond, or the surety will itself complete the requirements
of the approved Plat.
PLAT: The drawing, mapping or planning of a Subdivision, town site or other tract of land or a
replatting of such including certifications, descriptions and approvals including the following:
A. Preliminary Plat: The first formal presentation by drawings of a proposed Subdivision;
and
B. Final Plat: The final and formal presentation by drawings of an approved Subdivision
development, the original and one (1) copy of which is filed with the County Recorder.
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PRIVATE STREET: A common Lot which provides access to adjacent properties under separate
ownership and which is not dedicated to or officially accepted by a public entity, but not including
Driveways as defined in this Title.
RESERVE STRIP: A strip of land between a partial street and adjacent property which is reserved
or held in public or private ownership for future street extension or widening.
STORM WATER BASIN: A constructed basin or constructed underground Storage Vessel built to
retain all of the Storm Drainage it receives until it is absorbed into the soil strata.
SUB-AREA PLAN (SAP): A conceptual land use plan for a sub-area of the Master Land Use Map to
provide development guidance by identifying: (i) the anticipated location and size of Sub-Use
Districts for future development; (ii) general development sequencing; (iii) significant natural
features and slopes greater than twenty-five percent; (iv) anticipated locations for regional or
community facilities; and (v) the anticipated location of regional pathways and arterial street and
collector streets for regional planning, design, and infrastructure continuity.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally
includes streets, sidewalks and other public utilities or service areas.
SETBACK: The required distance from a Building on a Lot or parcel to a property line required to
be left open and unoccupied by Buildings. Improvements such as sidewalks, driveways, Parking
Lots, walkways, Access Roads, Hardscape and walls are allowed to be located within Setbacks.
STANDARD SPECIFICATIONS: The specifications as specified in Chapter 11 of this Title or as
officially adopted by the City.
STATE: The State of Idaho.
STORAGE VESSEL: An earthen basin or tank or vault structure.
re employed to store liquid. Earthen basins used to store Storm Drainage may be filled with
porous media (usually gravel) to attain structural stability, in which case the volume of available
storage is taken as the volume of the interstitial voids of the porous media.
STORM DRAINAGE: The water running off the surfaces of a site as a result of precipitation on the
site (including rain, hail meltwater and snow meltwater).
STREET: A Right of Way which provides access to adjacent properties, the Dedication of which
has been officially accepted. The term "Street" also includes the terms Highway, thoroughfare,
parkway, road, avenue, boulevard, land, place and other such terms.
SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust or other
legal entity that executes the application and initiates proceedings for the Subdivision of land in
accordance with the provisions of this Chapter. The Subdivider need not be the Owner of the
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property; however, he shall be an agent of the Owner or have sufficient proprietary rights in the
property to represent the Owner.
SUBDIVISION: The result of an act of dividing any Lot, tract or Parcel of land into two (2) or more
parts for the purpose of transfer of ownership or development, which may also include the
Dedication of a public Street. Subdivisions shall be divided into “Minor Subdivision “ and “Major
Subdivision”, as those terms are defined in this Chapter. However, Chapter 11 of this Title shall
not apply to any of the following:
A. An adjustment of Lot lines as shown on a recorded Plat which does not reduce the
area, frontage, width, depth or Setback of each Building below the minimum zoning
requirements, and does not increase the original number of Lots in any Block of the
recorded Plat;
B. An allocation of land in the settlement of an estate of a decedent or a court decree
for the distribution of property;
C. The unwilling sale of land as a result of legal condemnation as defined and allowed in
the Idaho Code; and
D. The exchange of land for the purpose of straightening property boundaries which does
not result in the change of present land usage.
SUBDIVISION LAND USE MAP: A map submitted by a Subdivider in connection with a Preliminary
Plat application finally designating the area being platted with specific Land Use Districts and Sub-
Districts.
SURVEYOR: Any person who is licensed in the State as a public land Surveyor to do professional
surveying.
VARIANCE: A modification of the requirements of this Chapter as to Lot size, Lot Coverage, Lot
Width, depth, front yard, side yard, rear yard, Setbacks, or other ordinance provisions affecting
the size or shape of a structure or the placement of the structure upon Lots, or the size of Lots.
A Variance shall not be considered a right or special privilege, but may be granted to an applicant
only upon a showing of undue hardship because of characteristics of the site and the Variance is
not in conflict with the public interest.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger
area.
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SUBCHAPTER 11B
SUBDIVISION PLATS AND PROCEDURES
11B-11B-1: APPLICATION FOR SUBDIVISION APPROVAL GENERALLY:
Any person desiring to create a “Subdivision” as herein defined shall submit all necessary
applications to the Administrator.
11B-11B-2: PREAPPLICATION PROCEDURE:
A. Submission Of Pre-application: The Subdivider shall submit a pre-application to enable the
Administrator to review and comment on the proposed Subdivision.
B. Sketch Plan: The pre-application shall include at least one (1) copy of a sketch plan. The sketch
plan shall include the entire developmental scheme of the proposed Subdivision, in schematic
form, and including the following:
1. The general layout and approximate dimension of Streets, Blocks, Open Space and Lots in
sketch form; and
2. The existing conditions and characteristics of the land on and adjacent to the proposed
Subdivision site.
C. Subdivision Land Use Map: The pre-application shall include the proposed Subdivision Land
Use Map for the area being platted that shows the underlying land use designation(s) per the
Master Land Use Map and the applicable Sub-Area Plan, and the proposed Sub-Use District(s)
for the area being platted.
D. Action By Administrator: The Administrator shall notify the Subdivider within fifteen (15) days
from the date of receipt of an acceptable pre-application as to the general conformance or
nonconformance of the proposal with this Chapter, shall provide the necessary forms and
checklists and shall comment on the following:
1. Compliance of the proposed development with existing local or State governmental goals
and objectives;
2. Determination if additional special permits or ordinance conflicts such as special
development permit or Variance, are needed and the manner of coordinating such
permits;
3. Consideration of any unique environmental features or hazardous concerns that may be
directly or indirectly associated with the subject property such as areas that have been
designated by the State of Idaho as areas of critical environmental concern, unique plant
or animal life, Floodplain, airport flight pattern and the like; and
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4. Consideration of other local and State governmental agencies that the Subdivider should
contact before preparing a Preliminary Plat.
11B-11B-3: PRELIMINARY PLAT
A. Application Required:
1. Filing Of Preliminary Plat Application and Data: The Subdivider shall file with the
Administrator a complete Subdivision application form and Preliminary Plat data as
required in this Title.
B. Combining Preliminary And Final Plat In Minor Subdivisions: The applicant may request that
the Subdivision application be processed as both a preliminary and Final Plat if all the
following exist:
1. The proposed Subdivision: (i) is located in a HMU or MU/C Sub-Use District and does not
exceed thirty (30) Lots which may include Super Pad(s)/Large Lot(s); or (ii) is located in
any sub-use district and does not exceed ten (10) Lots which may include Super
Pad(s)/Large Lot(s);
2. No new Street Dedication or Street widening is involved;
3. No major special development considerations are involved such as development in a
Floodplain, hillside development or the like;
4. All required information for both preliminary and Final Plat is complete and in an
acceptable form; and
5. The proposed Subdivision is not in conflict any provision of this Title.
A request to combine both Preliminary Plat and Final Plat into one (1) application shall be
acted upon by the Commission upon recommendation of the Administrator.
C. Required Information and Data:
1. The Subdivider shall submit to the Administrator at the following:
a. Three (3) hard copies and one electronic of the Preliminary Plat, prepared by an Idaho
licensed professional Engineer or land Surveyor, of the proposed Subdivision, drawn
in accordance with the requirements hereinafter stated. Each copy of the Preliminary
Plat shall be on good quality paper, shall have the dimensions of not less than twenty-
four inches by thirty-six inches (24x 36”), shall be drawn to a scale of not less than one
inch to one hundred feet (1"= 100'), shall show the drafting date, and shall indicate
thereon, by arrow, the generally northerly direction;
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b. Three (3) hard sets and one electronic copy of preliminary engineering plans (not
meant to be cross Chapters or detailed designs) for Streets, water, sewers, sidewalks
and other required public Improvements; however, such engineering plans shall
contain sufficient information and detail to make a determination as to conformance
of the proposed Improvements to applicable regulations, ordinances and standards;
c. A written application requesting approval of the Preliminary Plat that summarizes the
Preliminary Plat being proposed and also provides a summary of the existing
development, including number of approved residential Lots, within the Avimor
Planned Development zone; and
d. Appropriate information that sufficiently details the proposed development within
any special development area such as hillside, planned unit development, Floodplain,
hazardous and unique areas of development.
D. The following shall be submitted separately:
a. The name of the proposed Subdivision;
b. The name, address and telephone numbers of the Subdivider or Subdividers and the
Engineer or Surveyor who prepared the plat;
c. The name and address of all adjoining Owners of property and residents within three
hundred feet (300') of the external boundaries of the land being considered, whether
or not bisected by a public right of way as shown on record in the county assessor's
office;
d. The legal description of the Subdivision;
e. A Subdivision Land Use Map and a statement setting forth the underlying Land Use
District(s), Sub-Area Plan Sub-Use District designation, and proposed Sub-Use
District(s), within the proposed Subdivision, such Subdivision Land Use Map shall
include the Land Use Districts and any existing Sub-Use Districts for the adjacent land;
f. A Parks, Pathways, and Facilities Map.
g. A statement of the proposed uses within the proposed Subdivision such as residential
single-family, two-family and multiple housing, commercial, office, recreational or
agricultural and a designation of any sites proposed for Super Pad(s)/Large Lot(s) or
for parks, playgrounds, Schools, Churches, other public uses, or a combination of all
or some;
h. A map shall be submitted showing the location of existing Buildings, water bodies or
courses and the location of currently dedicated Streets at the point where they adjoin
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and/or are immediately adjacent; provided, that actual measured distances shall not
be required;
i. A Vicinity Map showing the relationship of the proposed plat to the surrounding area;
j. Streets, proposed Street names, rights of way and roadway widths, including
adjoining Streets or roadways;
k. Central water and sewer service shall be provided for all Lots pursuant to 11B-11A-3
F. Provided that cesspools, septic tank, sewage disposal facility, or hazardous waste
disposal facility may be installed or maintained on the property except as approved by
the Avimor Water Reclamation Company. When there is a conflict between this
Chapter and/or other titles the more restrictive provision shall prevail;
l. Lot lines and Blocks showing the dimensions and numbers of each including Super
Pad(s)/Large Lot(s);
m. Contour lines, shown at five-foot (5') intervals where land slope is greater than ten
percent (10%) and at two-foot (2') intervals where land slope is ten percent (10%) or
less, referenced to an established bench mark, including location and elevation;
n. A site report as required by the appropriate health district where individual wells or
septic tanks are proposed;
o. Any proposed or existing utilities, including, but not limited to, storm and sanitary
sewers, irrigation laterals, Ditches, Drainages, bridges, Culverts, water mains, fire
hydrants and their respective profiles;
p. Any dedications to the public and/or Easements, together with a statement of
location, dimensions and purpose of such;
q. Any additional required information for special developments as specified in
subchapter 11E of this Chapter;
r. Approval letter from the Avimor Conservation Director stating the proposed
Preliminary Plat’s compliance with the habitat management plan and any conditions
of development required pursuant to the habitat management plan; and
s. A copy of any transportation studies or analysis that has been provided and/or
required by another agency, having jurisdiction over the project, in support or review
of this application.
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D. Procedure For Approval Of Preliminary Plat and Subdivision Land Use Map:
1. Administrative Review:
a. Certification By Administrator, Public Hearing: Upon receipt of the Preliminary Plat
and all other required data as provided for herein, the Administrator shall certify the
application as complete and shall affix the date of application acceptance thereon.
The Administrator shall schedule a public hearing before the Commission, which
hearing shall be held within sixty (60) days of the date of certification of a complete
application.
b. Review By Other Agencies: The Administrator shall refer the Preliminary Plat
application and Subdivision Land Use Map to as many governmental agencies as
deemed necessary. Such agencies may include the following:
(1) Other governing bodies having joint jurisdiction;
(2) The appropriate utility companies, irrigation companies or districts and drainage
districts;
(3) The superintendent of the school district; and
(4) Other agencies having an interest in the proposed Subdivision.
c. Recommendation By Administrator: The Administrator shall provide that any
transmittal as provided in this Chapter will be returned within fifteen (15) days. At the
end of the fifteen (15) day period, the Administrator shall prepare a recommendation
on the Preliminary Plat and Subdivision Land Use Map to the Commission. All agency
responses shall be supplied by the Administrator to the Commission.
d. Review By the Parks, Pathways, and Recreation Commission: The Administrator may
refer the Parks, Pathways, and Facilities Map component of the Preliminary Plat
application to the City’s Parks, Pathways, and Recreation Commission for review and
recommendation. Where the Parks, Pathways, and Facilities Map is in general
conformity with the Open Space Plan and with the design and location standards set
forth in Section 11B-11D-7 of this Title, the Parks, Pathways, and Recreation
Commission shall provide a recommendation of approval. The Parks, Pathways, and
Recreation Commission shall provide its recommendation prior to the hearing before
the Commission.
2. Public Notice: The Administrator shall provide notice in accordance with the requirements
of Section 11B-7-12 of this Title.
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3. Action By Commission:
a. Commission's Findings: In determining the acceptance of a proposed Subdivision and
Subdivision Land Use Map, the Commission shall consider the objectives of Chapter 11
of this Title and the following:
(1) The availability of, or an approved plan to complete, public services to
accommodate the proposed development, including, but not limited to,
compliance with Title 6, Chapter 5 of City Code for areas that are serviced by Eagle
City Water; and
(2) Whether the proposed Subdivision Land Use Map: (i) is in compliance with the
Master Land Use Map and Table 2.2, setting forth the allowed Sub-Use Districts
within each Land Use District; (ii) is in compliance with the applicable Sub-Area
Plan; (iii) provides for a set of uses and development standards that would be
compatible with existing adjoining property uses.
b. Action On Preliminary Plat and Subdivision Land Use Map: The Commission may
recommend approval, conditional approval, disapproval or tabling for a period not to
exceed thirty-five (35) days. Such action shall occur within thirty-five (35) days of the
date of the regular meeting at which the Plat is first considered by the Commission.
The action, and the reasons for such action shall be stated in writing by the
Administrator and forwarded to the applicant. The Administrator shall also forward a
statement of the action taken and the reasons for such action together with a copy of
the Preliminary Plat and Subdivision Land Use Map to the Council for its action. Upon
granting or denying a Preliminary Plat, the Commission shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for recommending approval or denial; and
(3) The actions if any, that the applicant could take to obtain approval of the
Preliminary Plat.
c. Action On Combined Preliminary And Final Plat: If the Commission's conclusion is
favorable to the Subdivider's request for the Subdivision to be considered as both a
Preliminary Plat and Final Plat, then a recommendation shall be forwarded to the
Council in the same manner as herein specified for a Final Plat. The Commission may
recommend that the combined application together with the associated Subdivision
Land Use Map be approved, approved conditionally or disapproved.
4. Action By Council: Within sixty (60) days after receipt of the Commission’s
recommendation and following the notice requirements as set forth in Section 11B-7-12
of this Title, the Council shall hold a hearing and make findings as required in Section 11B-
11B-3-3(D)(3) of this Title. The Council shall approve, approve conditionally or disapprove
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the Preliminary Plat and related Subdivision Land Use Map within thirty (30) days of the
public hearing conducted to consider the Commission’s recommendation. Approved
subdivision land use maps shall be kept on file with the City to govern future development
and allowed uses within the platted area.
E. Approval Period:
1. Failure to file an application with and obtain the certification of the acceptance of a Final
Plat by the Administrator within three (3) years after the date on which action was taken
by the Council shall cause all approvals of said Preliminary Plat to be null and void.
2. Up to a twelve (12) month extension of the time limit on the approved Preliminary Plat
may be granted by the Council, at its sole discretion, if the following findings are made:
a. There are no outstanding City Code or Plat approval violations pursuant to this Title
on the subject property. If such violations exist, they may be conditioned by the
Council to be cured as a condition of the extension of time;
b. The Preliminary Plat, as previously approved, remains in the best interests of the
health, safety, and general welfare of the City;
c. There have been no significant changes to this Chapter 11 between the date of
Preliminary Plat approval and the application date of the time extension request that
would require substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on
the project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates that the
Final Plat application will be filed within the year; and
g. The applicant has provided a schedule that depicts the anticipated timing for the filing
of the Final Plat application within the year.
3. The Council reserves the right to revoke the extension of time approval if it finds that any
of the criteria herein are not met.
4. This Chapter does not limit the number of extensions the Council may grant to an
applicant so long as the criteria set forth in 11B-11B-3-E-2 of this Chapter are met. Nothing
in this Chapter requires the Council to grant any extension of an approval period.
5. Preliminary Plats with approved phasing plans do not need time extensions, so long as
the construction of Improvements do not cease for more than one (1) year in any given
phase.
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6. In the event that the development of the Preliminary Plat has an approved phasing plan
it will be constructed in an orderly and reasonable manner. If a Final Plat is submitted
within successive intervals of one (1) year, it may be considered for final approval without
resubmission for Preliminary Plat approval.
11B-11B-4: FINAL PLAT
A. Filing Of Final Plat: After the approval or conditional approval of the Preliminary Plat, the
Subdivider may cause the total Parcel or any part thereof to be surveyed and a Final Plat
prepared in accordance with the approved Preliminary Plat. Such Final Plat shall still be in
Substantial Conformance with the approved Preliminary Plat as determined by the
Administrator. The Subdivider shall submit to the Administrator the following:
1. Three (3) hard copies and one (1) electronic copy of the Final Plat; and
2. Three (3) hard copies and one (1) electronic copy of the final engineering construction
drawings for Streets, water, sewers, sidewalks and other public Improvements.
B. Contents: The Final Plat shall include and be in compliance with all items required under Title
50, Chapter 13, Idaho Code and shall be prepared in accordance with the specifications set
forth in Chapter 50-1304, Idaho Code. The Final Plat shall include at least the following:
1. A written application for approval of such Final Plat as stipulated by the Council;
2. Proof of current ownership of the real property included in the proposed Final Plat;
3. Such other information as the Administrator or Council may deem necessary to establish
whether or not all proper parties have signed and/or approved said Final Plat;
4. Conformance with all requirements and provisions of Chapter 11 of this Title;
5. Acceptable engineering practices and local standards;
6. The Plat shall show Building Sites on each Lot (except Super Pad(s)/Large Lot(s)) adjusted
to Setback requirements; and
7. The Plat shall identify Super Pad(s)/Large Lot(s) and note that such Super Pad(s)/Large
Lot(s) are not buildable until replatted.
C. Procedure For Approval Of Final Plat:
1. Review By Administrator:
a. Acceptance: Upon receipt of the Final Plat, and compliance with all other
requirements as provided for herein, the Administrator shall certify the application as
complete and shall affix the date of acceptance thereon.
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b. Resubmission Of Final Plat: The Administrator shall review the Final Plat for
compliance with the approved or conditionally approved Preliminary Plat. If the
Administrator determines that there is substantial difference in the Final Plat, the
allowed Variance as outlined above, then that which was approved as a Preliminary
Plat or conditions which have not been met, the Administrator may require that the
Final Plat be submitted to the Commission and Council in the same manner as
required in the Preliminary Plat process.
c. Submission To The Council: Upon the determination that the Final Plat is in
compliance with the Preliminary Plat and all conditional requirements have been met,
the Administrator shall place the Final Plat on the Council agenda within forty-five (45)
days from the date that a Final Plat application was received and acknowledged by
the Administrator.
2. Agency Review: The Administrator may transmit one (1) copy of the Final Plat, or other
documents submitted, for review and recommendation to the departments and agencies
as he deems necessary to ensure compliance with the preliminary approval and/or
conditions of preliminary approval. Such agency review shall also include the construction
standards of Improvements, compliance with health standards, the cost estimate for all
Improvements and the legal review of the Performance Bond.
D. Council Action: The Council, at its next meeting following receipt of the Administrator’s
report, shall approve, approve conditionally, disapprove or table the Final Plat for additional
information.
E. Conditional Approval Of Final Plat: With respect to financial assurance to be provided to the
City, the approval of all final Subdivision plats shall be conditioned on the accomplishment of
one of the following:
1. The construction of Improvements required by this Chapter shall have been completed
by the Subdivider (except for Super Pad(s)/Large Lot(s)) and approved by the Council; and
2. Financial assurance acceptable to the Council shall have been filed in the form of a cash
deposit, certified check, surety bond, irrevocable bank letter of credit, or surety deemed
acceptable by the City.
F. Approval Period: The Final Plat shall be filed with the County Recorder within one (1) year
after the date of written approval by the Council. Otherwise, such approval shall become null
and void unless the Subdivider, prior to said expiration date, applies for an extension of time
and such extension is granted by the Council.
1. A maximum twelve (12) month extension of the time limit of the approved Final Plat may
be granted by the Council, at its sole discretion, if the following findings are made:
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a. There is no outstanding City Code or Plat approval violations pursuant to this Title on
the subject property. If such violations exist, they may be conditioned by the Council
to be cured as a condition of the extension of time;
b. The Final Plat, as previously approved, remains in the best interests of the health,
safety, and general welfare of the City;
c. There have been no significant changes to this Chapter 11 between the date of Final
Plat approval and the application date of the time extension request that would
require substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on
the project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates how
recordation of the Final Plat will occur within the year; and
g. The applicant has provided a schedule that depicts the anticipated progress for
completion of the Final Plat within the year.
2. The Council reserves the right to revoke the extension of time approval if it finds that any
of the criteria herein are not met.
3. This Chapter does not limit the number of extensions the Council may grant to an
applicant so long as the criteria set in this Chapter are met. Nothing in this Chapter
requires the Council to grant any extension of an approval period.
G. Required Certificates: The following certifications and signatures shall be included on the
Final Plat prior to recording by the County Recorder:
1. Certification and signature of the Council verifying that the Subdivision has been
approved.
2. Certification and signature of the City clerk and the City Engineer verifying that the
Subdivision meets the requirements of the City and has been approved by the Council.
3. Certification of the sanitation restriction on the face of the Plat in accordance with the
provisions of Chapter 50-1326, Idaho Code.
H. Record Of Final Plat: Upon approval of the Final Plat by the Council, posting of financial
assurance with the City pursuant to subchapter D of this Chapter, and the inclusion of those
certifications and signatures on the Final Plat as set forth in this Chapter. The Subdivider shall
furnish proof to the Administrator that the Final Plat has been recorded.
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11B-11B-5: FEES
At the time of submission of an application for a Preliminary Plat, and Final Plat, a fee, as
established in the official fee schedule of the City, shall be paid. There shall be no additional fee
for the combining of the preliminary and Final Plats and there shall be no fee for a pre-application.
11B-11B-6: RECORD OF LOT; PLAT APPROVAL
No Final Plat shall be filed with the County Recorder or Improvements made on the property
except for grading pursuant to the Avimor Grading Guidelines and Hillside Development
Standards, until the Plat has been acted upon and approved by the Council.
11B-11B-7: SALE OF LOT; PLAT TO BE RECORDED
No Lots shall be sold using a Lot and Block legal description until the Plat has been recorded in
the office of the County Recorder.
11B-11B-8: PARCEL DIVISION
Any time that an Original Parcel of land is divided or partitioned into not more than two (2)
Parcels, thereby creating an additional Parcel for the transfer of ownership or development, the
following application process and procedures shall be followed:
A. Application: An application for Parcel division on a form provided by the Administrator shall
be submitted to the Administrator and shall contain, at a minimum, the following
information:
1. Name, address, telephone number of the applicant.;
2. Legal description of property and proof of ownership or agency;
3. Description of existing use;
4. Zoning district;
5. Description of Parcels after proposed division;
6. Description of proposed use; and
7. Documentation of the permission of the Owner of the Parcel to be divided.
B. Procedure: Prior to approving an application under this Chapter, the Council shall make the
following findings:
1. The minimum requirements under this Title for acreage, Density, Lot Area and Setback
lines have been complied with; and
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2. The proposed Parcel division is in the public interest and will not adversely impact
adjoining property interests.
C. Notice: Within ten (10) days after a decision has been rendered, the Administrator shall
provide the applicant with written notice of the action on the request.
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SUBCHAPTER 11C
SUBDIVISION DESIGN STANDARDS
11B-11C-1: MINIMUM STANDARDS REQUIRED:
All Plats submitted pursuant to the provisions of Chapter 11 of this Title, and all Subdivisions,
Improvements and facilities done, constructed or made in accordance with said provisions shall
comply with the minimum design standards set forth in this Subchapter C; provided, however,
any higher standards adopted by the City after the date of this Title shall not apply to this Title
unless the standards are federally mandated. Any changes adopted by the Local Highway
Department or the Idaho Transportation Department or health agency shall prevail over those
set forth herein and the City may amend this Title to incorporate such standards without
concurrence from the Master Developer.
11B-11C-2: STREETS AND ALLEYS
11B-11C-2-1: LOCATION AND DESIGN
Street and road location and design shall conform to the following standards:
A. Street Location And Arrangements: When an official Street plan or comprehensive
development plan has been adopted, Streets within a Subdivision shall substantially conform
to such approved plans
B. Minor Streets: Minor Streets shall be so arranged as to discourage use by through traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of Streets in new
Subdivisions shall be such that said Streets extend to the boundary line of the tract to make
provisions for the future extension of said Streets into adjacent areas, and shall have a Cul-
De-Sac or temporary Cul-De-Sac if stub Street is longer than one hundred and fifty (150) feet
in length. A reserve Street may be required and held in public ownership.
D. Relation To Topography: Streets shall be arranged in proper relation to topography so as to
result in usable Lots, safe Streets and acceptable gradients.
E. Public/Private Alleys: Alleys may be provided in multiple-family dwelling or commercial
Subdivisions unless other provisions are made for service access and off-street loading and
parking.
F. Cul-De-Sac Streets: Cul-De-Sac Streets shall not be more than three thousand feet (3,000') in
length and shall terminate with an adequate circular turnaround having a minimum radius of
fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
(10'). A minimum of forty feet (40') of paved surface shall be provided between the landscape
island and the outside edge of the Street as measured from the face of curb of the island to
the face of curb located on the outside edge of the Street. All Cul-De-Sac Streets shall include
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bulb-outs every seven hundred fifty feet (750’) to allow for emergency vehicles to turn
around. No more than thirty (30) Lots, without Eagle Fire Departments written approval, shall
be located on any Cul-De-Sac Street between bulb-outs or beyond the final bulb-out.
Exceptions to the requirements set forth in this paragraph may be considered by the Council
if approved by the fire department and the Highway district having jurisdiction.
G. Half Streets: Half Streets shall be prohibited except where unusual circumstances make such
necessary to the reasonable development of a tract in conformance with Chapter 11 of this
Title. Whenever a tract to be subdivided borders on an existing half or partial Street, that has
been previously dedicated, the other part of the Street shall be dedicated within such tract.
H. Driveways: Driveways shall provide access to no more than three (3) dwellings. Driveways
providing access to a maximum of eight (8) Single Family Special Lots, as described in Chapter
2 of this Title, may be permitted providing that the driveway length does not exceed one
hundred fifty (150) feet and review and approval has been received from emergency service
providers for the specific location and configuration.
11B-11C-2-2: STREET WIDTHS
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted master street & circulation map and shall be approved by the Local Highway
Department and/or other agency having jurisdiction.
B. Notwithstanding subchapter A of this Chapter, access from a frontage road onto an Arterial
Street shall comply with Local Highway Department requirements.
11B-11C-2-3: INTERSECTIONS
Intersections shall conform to the following standards:
A. Angle Of Intersection: Angles of Street and driveway intersections shall be approved by the
Highway district having jurisdiction.
B. Grade Of Intersection: The grade should be designed to two percent (2%) intersection slopes.
However, in any event shall not exceed five (5) percent in slope through the intersections. In
any event the intersection must be designed to meet ADA requirements.
C. Sight Triangles: Minimum clear sight distance at all Street and driveway intersections shall be
approved by the Highway district having jurisdiction.
D. Number Of Streets: No more than two (2) Streets shall cross at any one intersection.
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11B-11C-2-4: STREET NAMES
The naming of Streets shall conform to the following standards:
A. A Street name shall not duplicate any existing Street name within the county except where a
new Street is a continuation of an existing Street. Street names that may be spelled differently
but sound the same as existing Street names shall not be used.
B. All new Streets shall be named as follows, unless the applicable Street naming committee or
emergency service provider request otherwise:
1. Streets having a predominately north-south direction shall be named "avenue", except
for section line Streets which shall be named "road";
2. Streets having a predominately east-west direction shall be named "Street", except for
section line Streets which shall be named "road";
3. Meandering Streets having a predominately north-south direction shall be named "way";
4. Meandering Streets having a predominately east-west direction shall be named "drive";
5. Cul-De-Sacs having a predominately north-south direction shall be named "place”; and
6. Cul-de-sacs having a predominately east-west direction shall be named "court".
11B-11C-2-5: PRIVATE STREETS AND ALLEYS
Private Streets and private alleys may be permitted, subject to the following:
A. Compliance: The City Council must find that all proposed Private Streets or private alleys are in
compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that Private
Streets and or private alleys will serve to enhance the overall development;
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking is provided;
3. Adequate access for service and emergency vehicles is provided where applicable;
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected;
5. Adjacent property will not be landlocked by the site layout;
6. Other than to provide Emergency access, the Private Streets and private alleys do
not connect one public Street to another, in a manner encouraging travel through the
development served by the Private Street or alley; provided, however, that in order to
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provide secondary access, a Private Street or Alley may have more than one
connection to a public Street and/or may be connected to more than one public Street if access
thereto is controlled by automatic gates or other control devices approved by the City Council;
7. The use or alignment of the Private Streets or alleys do not interfere with the continuity of
public Streets;
8. An appropriate mechanism has been established for the repair and maintenance of the
Private Streets and alleys, including provisions for the funding thereof; and
9. Private Streets shall provide access to no more than twenty percent (20%) of the Lots within
the area being platted.
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
the Ada County Highway District’s design and structural standards for Streets and alleys,
unless specifically modified in this Title or as may be amended by the City Council;
2. Sidewalks shall be required in accordance with this Title. However, alternative sidewalk
and landscape strip designs may be approved by the City Council based upon a finding
made by the Council that characteristics of the development justify the alternate design;
3. All Private Streets shall contain paved travel lanes a minimum of twelve feet (12’) in width
and private alleys shall contain paved travel lanes a minimum of ten feet (10’) in width.
Private Streets shall provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic. Private alleys shall provide for the safe, convenient, and
effective movement of vehicular traffic. Vertical curbing shall be provided for Private
Streets that are less than thirty-four feet (34’) in width and private alleys in accordance
with subsection 11B-11D-3 of this Chapter;
4. The design Engineer shall identify on the construction drawings for the review and
approval by the City Engineer, all traffic Signs needed for the project, including, but not
limited to, designated parking and “no parking” areas, speed, stop, and such other Signs
as are required for safe pedestrian and vehicle travel;
5. All Private Streets and private alleys shall, during the progress of construction, be
inspected and tested, at the expense of the Owner or developer, by a qualified inspector
in order to ensure compliance with the construction and design standards set forth in this
Chapter, the construction drawings as prepared by the registered professional Engineer,
and good engineering and construction practices. Reports of such inspections and tests
shall be submitted, together with a certification of such compliance, for the review and
approval by the City Engineer;
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6. All dead-end Private Streets and private alleys shall dead-end at one of the following
approved turnaround areas:
a. A Cul-De-Sac designed in accordance with the provisions of Section 11B-11C-2-1-F of
this Chapter and shall be subject to the approval of the Eagle Fire Department and
City Engineer;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
Fire Department and the City Engineer;
c. Such other turnaround area as may be approved by the Eagle Fire Department, City
Engineer, and City Council;
d. Private Streets and private alleys not exceeding one hundred and fifty (150) feet may
terminate with no turn-around if approved by Eagle Fire Department; or
e. For private alleys, Emergency access/connections may be made beyond the one
hundred and fifty (150) feet maximum length allowing the connection of a dead-end
private Alley to an adjacent dead end Private Street or private Alley utilizing materials
such as concrete, pavers, grass pavers, or other like materials deemed acceptable to
support emergency vehicles and as approved by City Council and Eagle Fire
Department. Any Emergency access/connections that direct emergency vehicles
through a pedestrian space such as a courtyard, plaza, pathway, or sidewalk shall be
clearly signed to identify through traffic access patterns for use by emergency vehicles
only. Any private Alley exceeding one hundred and fifty (150) feet shall provide an
adequate turnaround for service vehicles without the use of the Emergency
access/connection.
7. The design of all Private Streets and private alleys and related Storm Drainage facilities
shall be prepared by a licensed professional Engineer in the State in Substantial
Conformance with engineering and design standards in effect at the time of preparation
of the design. Construction drawings, together with a certification of such conformity,
shall be submitted for the review and approval by the City Engineer. No part of this
Chapter shall be construed as allowing a Private Street or private Alley that are not in
conformance with current engineering and design standards;
8. If any provision of this Chapter is found to be in conflict with any other applicable
provision of this Chapter, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the City
Council;
9. Curb and gutter shall be required in accordance with subsection 11B-11D-4 of this Chapter;
10. For all private alleys providing fire apparatus access, the minimum centerline radius and
the interior radii shall be approved by Eagle Fire Department. For all other private alleys,
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the minimum centerline radius and interior radii shall follow good engineering practice
and shall consider access for service vehicles;
11. Private alleys may be allowed to serve as the sole means of vehicular access to a
residential dwelling in instances where a pedestrian pathway within a common Lot or an
easement is designed to provide secondary access to the front of the residential dwelling;
and
12. Where private alleys provide the sole means of vehicular access to a residential dwelling,
clear address wayfinding signage shall be located throughout the Subdivision for use by
Emergency Services and individual Building addresses shall be included adjacent to each
garage door within the Alley or as approved by Eagle Fire Department.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to Private Streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the Private Street, private
alley, and associated drainage facilities for the period of the expected lifetime thereof and
a cost estimate therefor prepared by a licensed professional Engineer in the State,
together with a proposed method for funding the same, including, but not limited to, the
creation and maintenance of a reserve fund for that purpose, shall be submitted with the
Final Plat application for review and approval by the City Engineer and City Council.
2. The location of Private Streets and private alleys shall be clearly depicted on the face of
the Plat and notes shall be included on the face of the Final Plat which shall:
a. Act to convey to each Lot Owner within the Subdivision to be served by the Private
Streets or private alleys the perpetual right of ingress and egress over the described
Private Streets or private alleys;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the Private Street or private
alleys cannot be modified and the homeowners’/property Owners’ Association or
other entity cannot be dissolved without the express consent of the City.
3. A restrictive Covenant for repair and maintenance of the Private Streets or private alleys
shall be recorded at the time of recording the Final Plat which said Covenant shall create
a homeowners’/property Owners’ Association or substantially similar entity and make
provision for the perpetual maintenance of the Private Streets or private alleys in
accordance with the approved plans. Said restrictive Covenant shall also provide that the
said Covenant shall run with the land and that the said Covenant cannot be modified and
that the homeowners’/property Owners’ Association or other entity cannot be dissolved
without the express consent of the City. The said restrictive Covenant shall be reviewed
and approved by the City attorney prior to certification and signing of the Final Plat by the
City Engineer.
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4. The Council may, in the reasonable exercise of its discretion, order the Owners or the
entity responsible for the maintenance of any Private Streets or private alleys approved
in accordance with the provisions of this Chapter to undertake such repair and
maintenance activities as it may determine is necessary to protect the public health,
safety, or welfare and make such expenditures from the funds reserved therefor as may
be required thereby; and the Owner or responsible entity shall, as a condition of approval
of any such Private Street, be deemed to have agreed to comply with any such order and
to reimburse the City all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the Council may be enforced by a court
of competent jurisdiction and the City shall be entitled to recover its costs and attorney
fees incurred in connection therewith.
D. Waiver: The City Council may waive or modify any of the enumerated standards or
requirements of this Section when the Private Street or private Alley has been determined to
be an integral element of the overall plan and scheme of the development or will serve to
enhance the overall development; provided, however, that any such waiver shall not be
injurious to public health or safety.
E. Conflict: If any provision of this Chapter is found to be in conflict with any other applicable
provision of this Title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the City Council.
11B-11C-3: PEDESTRIAN WALKWAYS
Right of way for pedestrian walkways in the middle of long Blocks may be required where
necessary to obtain convenient pedestrian circulation to Schools, parks or shopping areas. The
pedestrian easement shall be a minimum of ten feet (10') wide.
11B-11C-4 EASEMENTS
A. Unobstructed utility easements, where required, shall be provided along front lot lines, rear
lot lines and/or side lot lines not to exceed the required Setbacks.
B. Unobstructed Drainageway Easements shall be provided in conjunction with the utility
easement alongside lot lines or as required by the Council. Total easement width, including
the utility easement, shall not be less than ten feet (10'), except that lesser easement widths,
to coincide with respective Setbacks, may be considered as part of the Plat.
C. All-natural drainage courses shall be left undisturbed or be improved in a manner which
will improve the hydraulics and ease of maintenance of the Channel.
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11B-11C-5: PLANTING STRIPS AND RESERVE STRIPS
Planting strips and Reserve Strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next
to incompatible features such as Highways, commercial or industrial uses to screen the view
from residential properties and to provide noise mitigation for those residents. Such planting
strips/buffer areas shall be as required by Chapter 3 of this Title. The landscape strip/buffer
area shall not be a part of the normal Street right of way and shall comply with all
landscape/buffer area requirements within Chapter 3 of this Title.
B. Reserve Strips:
1. Private Reserve Strips: Privately held Reserve Strip access to Streets shall be prohibited.
2. Public Reserve Strips: A one-foot (1') reserve may be required to be placed along half
Streets which are within the Subdivision boundaries and shall be deeded in fee simple to
the applicable Highway authority for future Street widening.
11B-11C-6: PUBLIC SITES AND OPEN SPACES
Public sites and Open Spaces shall conform to the following standards:
A. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the Subdivision.
B. Open Space: The minimum amount of Open Space that must be set aside for Open Space
within Avimor shall be as follows: For every two (2) acres of developed land within each
Preliminary Plat (excluding Developed Open Space areas), the Master Developer will place
one (1) acre of unfragmented habitat land, which may be owned and/or controlled by a third
party. The Master Developer has already set aside 640 acres of unfragmented habitat land
adjacent to the Avimor development area in a permanent conservation easement—400
acres provide habitat mitigation for the entire Village One Area in accordance with original
Ada County approvals; 240 acres will offset developed acres in future Preliminary Plats
within Avimor. With each Preliminary Plat, the Master Developer will designate Open Space
areas that equal or exceed 20% of the developed land within the Preliminary Plat. By full
build out, Avimor will include total Open Space areas that equal or exceed 50% of the Avimor
acreage overall. The 20% per Preliminary Plat and 50% overall Open Space requirements
may be satisfied with designated improved or unimproved Open Space areas within Avimor
together with all lands placed into a permanent Open Space.
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C. Ownership And Management Of Open Space:
1. Ownership Of Open Space: The applicant must identify the Owner of the Open Space who
is responsible for maintaining the Open Space and facilities located thereon. If a
homeowners' association is the Owner, membership in the association shall be
mandatory and automatic for all homeowners of the Subdivision and their successors. If
a homeowners' association is the Owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the Open Space and any facilities located thereon shall be borne by the
Owner.
2. Management Plan: Applicant shall submit a plan for management of Developed Open
Space and common facilities (plan) that:
a. Allocates responsibility and guidelines for the maintenance and operation of the Open
Space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital Improvements;
b. Estimates the costs and staffing requirements needed for maintenance and operation
of, and insurance for, the Developed Open Space and outlines the means by which
such funding will be obtained or provided;
c. Provides that any changes to the plan be approved by the Council; and
d. Provides for enforcement of the plan.
3. Temporary Maintenance By City; Corrective Action: In the event the party responsible for
maintenance of the Developed Open Space fails to maintain all or any portion in
reasonable order and condition, the City of Eagle may assume temporary responsibility
for its maintenance and may enter the premises and take corrective action, including the
provision of extended maintenance. The costs of such maintenance shall be charged to
the Owner, homeowners' association, or to the individual property Owners that make up
the homeowners' association, and may include administrative costs and penalties. Such
costs shall become a lien on all Subdivision properties. The exercise by the City of Eagle
of its right to assume temporary maintenance responsibility to take corrective action shall
not relieve the property Owner of their maintenance responsibility nor should it be
construed as the City assuming permanent responsibility for such maintenance.
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11B-11C-7: WATER SYSTEM
The provision of a public water system shall conform to the following standards:
A. All Subdivisions within the Eagle City water service area, shall comply with Title 6, Chapter 5
of City Code except as provided in this Title, or the Avimor Master Water and Pressure Irrigation
System Plan.
11B-11C-8: FENCES
A. If any fencing is required, per the landscape plan, adjacent to improved 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 as required in Chapter 3 of this Title. High
maintenance and/or unsightly fencing shall not be permitted per Chapter 3.
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SUBCHAPTER 11D
REQUIRED SUBDIVISION IMPROVEMENTS
11B-11D-1: IMPROVEMENTS REQUIRED
Every Subdivider shall be required to install the following public and other Improvements in
accordance with the following conditions and specifications.
11B-11D-2: MONUMENTS
Monuments shall be set in accordance with Chapter 50-1303, Idaho Code.
11B-11D-3: STREETS AND ALLEYS
All public and Private Streets and alleys shall be constructed in accordance with the standards
and specifications adopted by the Local Highway Department or the Idaho Transportation
Department, whichever the case may be.
11B-11D-4: CURB AND GUTTER
A. Generally:
1. Vertical or Ribbon curb and gutter shall be constructed on collector and Arterial Streets.
2. Rolled curb and gutter, or other treatments acceptable to the Local Highway Department,
may be required on minor Streets.
3. All construction shall be in accordance with the standards and specifications adopted by
the Local Highway Department.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Local
Highway Department
11B-11D-5: STREET SIGNS
Street name Signs shall be installed in the appropriate locations at each Street in accordance with
the local standards. A per Street Sign fee shall be paid by the Subdivider, if applicable.
11B-11D-6: STREETLIGHTS
The Master Developer or Subdividers within Avimor shall be required to install, at the Master
Developer’s or Subdivider’s expense, streetlights that are not the obligation of the Local Highway
Department in accordance with specifications and standards set by Chapter 3 of this Title. After
installation and acceptance by the Administrator, the homeowners’ association shall pay the cost
of maintenance and power and assume ownership of the streetlights that are not the obligation
of the Local Highway Department.
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11B-11D-7: PATHWAY AND TRAIL REGULATIONS:
Eagle City Code governing pathway and trail regulations including, but not limited to Title 8 and
Title 9, as may be amended, shall apply to property designated within the Avimor Planned
Development Zoning District (APD) to the extent it does not conflict with the provisions in this
Title.
11B-11D-9: UNDERGROUND UTILITIES:
Underground utilities are required.
11B-11D-10: WATER SUPPLY AND SEWER SYSTEMS:
A. Construction; Extension: All public water supply or sewer systems (serving 2 or more separate
premises or households) shall be constructed in accordance with any adopted local plans and
specifications. If the Master Developer is constructing a new public water supply system and
a new sewer system in Avimor, except within the Veolia Service Area, the City shall be the
exclusive municipal supplier of water to lands within Avimor. The City may allow connection
to the City-owned water system in Avimor if it is deemed to be in the best interest of the City.
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho Department of
Environmental Quality or its authorized agent for approval in accordance with the provisions
of Chapter 50-1326, Idaho Code.
C. Pressurized Irrigation Facilities:
1. Irrigation water for all residential Dwelling Units shall be provided with water from the
municipal system or from available non-potable water, as outlined herein.
a. Plans and documents shall be submitted with the application for a Preliminary Plat in
accordance with Section 11B-3-7-H of this Title.
2. Development areas that are not provided with a separate pressured irrigation system shall
be provided with a connection to potable or non-potable water system with the
approval of the City, City Engineer The following standards shall apply to individual
irrigation connections to the system.
a. The installation of a DEQ approved reduced pressure backflow (RPB) prevention
assembly or an air gap separating the irrigation system and the potable water
system will be required on the property side of the domestic water meter.
b. The RPB prevention assembly shall be installed, owned, and maintained by the
property Owner. Failure to properly maintain the RPB will result in a shutoff of
water supply to the property until fully mitigated in accordance with City shutoff
policy.
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c. The property Owner shall have the RPB inspected by an appropriately licensed
inspector and in accordance with State requirements annually and shall provide
the results of a passing inspection to the City. Failure to complete the required
inspection will result in a shutoff of water service until completed.
d. Irrigation water may consist of a combination of potable or non-potable water,
treated effluent, and ground water as identified within the Avimor Water and
Pressure Irrigation System Study. All development which is required to be served
by a separate pressurized irrigation system must be constructed, operated, and
maintained in accordance with this Chapter and in accordance with the approved
Avimor Master Water and Pressure Irrigation Plan that may be amended from
time to time. The Avimor irrigation system shall be served by acquired water
rights, surface water, or treated effluent in accordance with the Avimor Master
Water and Pressure Irrigation Plan that may be amended from time to time.
11B-11D-11: STORM DRAINAGE; FLOOD CONTROLS
A. Adequate Storm Drainage System: An adequate Storm Drainage system to accommodate
storm water runoff from the public rights of way shall be required in all Subdivisions. The
requirements for each particular Subdivision shall be established by the Local Highway
Department and/or the Idaho Transportation Department, and construction shall follow the
specifications and procedures established by said Local Highway Department or Idaho
Transportation Department.
B. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall be such that
water on roadways is prevented from flowing off the roadway except as approved by the
Local Highway District.
C. Natural Drainageway Treatment: Natural Drainageways shall be riprapped or otherwise
stabilized below Drainage and Culvert discharge points for a distance sufficient to convey the
discharge without Channel erosion.
D. Deposit Of Waste Material Prohibited: Waste material from construction, including soil and
other solid materials, shall not be deposited within the 100-year Floodplain.
E. Drainageways Or Hydraulic Structures In Major Waterways: Drainageways or hydraulic
structures in major waterways (defined as draining a basin area of 10 acres or more) shall be
designed for the 100-year Flood or to accommodate the runoff projected in the soil
conservation service hydrology guide for residential development of the Boise front,
whichever is greater. In minor waterways (defined as draining a basin area of less than 10
acres), such structures shall be designed for the 50-year Flood or to accommodate the runoff
projected in the soil conservation service hydrology guide for residential development of the
Boise front, whichever is greater.
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F. Storm Water Basins: Storm Water Basins consistent with the Avimor Master Drainage Plan,
shall be designed in connection with the Final Plat and implemented with a flow control
system that achieves the following objectives: (1) minimize downstream impacts by not
increasing pre-development flows from land development activities; (2) accommodate pre-
development flows from upstream land by providing adequate conveyance facilities through
the project site; (3) designed in accordance with the Eagle Drainage Standards and consistent
with the Avimor Master Drainage Plan as approved by the City; and (4) provide a mechanism
to insure that all facilities shall be maintained on an ongoing basis in order to perform as
designed. As part of construction drawings, a stormwater drainage plan shall be developed
and approved by the City Engineer that promotes each of these objectives.
G. Sediment Retention Facilities: These facilities shall be constructed and maintained
downstream from development consistent with best management practices. Any such facility
used shall provide for the removal of surface debris and contaminants, as well as sediment
retention.
H. Completion And Operation Deadline: The overall Drainage system shall be completed and
made operational at the earliest possible time during construction.
I. Alterations Of Major Drainageways: Alterations of major Drainageways shall be prohibited
except for approved road crossings and Drainage structures or as provided for in Chapter 3
of this Title.
J. Natural Or Improved Open Channel Drainageways: Natural or improved open Channel
Drainageways shall be preserved or provided for in major waterways; except, that at road
crossings, conduits may be permitted. Minor waterways shall be permitted to be enclosed in
conduits.
K. Reservation Of Right To Require: The City reserves the right to require installation of
hydrologic measuring devices in Drainageways within any development at public expense.
L. Drainage System Plans: Drainage system plans and/or the construction plans shall show how
Lots will be graded so that all runoff runs either over the curb, or to a Drainage easement,
and that no runoff shall cross any Lot line onto another Lot except within a Drainage
easement.
11B-11D-12: FIRE HYDRANTS AND WATER MAINS
Adequate fire protection shall be required in accordance with the appropriate fire department
standards.
11B-11D-13: LANDSCAPE BUFFER AREAS
Landscape buffer areas, in accordance with Section 11B-3-7 this Title, shall be required for the
protection of residential properties from Streets classified as collectors, arterials,
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freeways/expressways, waterways, or other features. Subdivision plats shall show the location
of all buffer areas.
11B-11D-14: CONSTRUCTION OF IMPROVEMENTS
Required Improvements are those Improvements subject to City regulation and approvals as
required in Chapter 11 of this Title.
11B-11D-15: CONSTRUCTION PLANS
It shall be the responsibility of the Subdivider of every proposed Subdivision to have prepared by
a registered Engineer a complete set of construction plans, including profiles, cross chapter,
specifications and other supporting data, for all required public Streets, utilities and other
facilities. Such construction plans shall be based on preliminary plans which have been approved
with the Preliminary Plat, and shall be prepared in conjunction with the Final Plat. Construction
plans are subject to approval by the responsible public agencies and all construction plans shall
be prepared in accordance with the public agencies' standards or specifications.
11B-11D-16: GUARANTEE OF IMPROVEMENTS
In lieu of the actual installation of the “required Improvements” prior to the City clerk signing the
Final Plat, the Council may permit the Subdivider to provide a surety/financial guarantee of
performance in one or a combination of the following arrangements for those requirements
which are over and beyond the requirements of any other agency responsible for the
administration, operation and maintenance of the applicable public Improvement:
B. Cash Deposit, Certified Check, Certificate Of Deposit, or other method accepted by the City
of Eagle Or Surety Bond : A cash deposit, certified check, certificate of deposit, Surety Bond,
or an irrevocable bank letter of credit, in the amount equal to one hundred fifty percent
(150%) of the estimated construction costs of the “required Improvements” contained within
the Final Plat or public Right-of-Way shall be provided by the Owner/Subdivider and held by
the City until said construction is complete. Construction cost estimates for the “required
Improvements” contained within a Final Plat or public right of way shall be reviewed and
approved by the Administrator prior to City acceptance of said surety. The surety initiation
and extension fees shall be established by resolution of the Council.
In the case of cash deposits or certified checks, the Subdivider may provide for progressive
payment out of the cash deposit or reduction of the certified check, to the extent of the cost
of the completed portion of the “required Improvement”, in accordance with a previously
entered into agreement. In the case of a certificate of deposit or an irrevocable bank letter
of credit, the surety shall be reduced accordingly as construction of the “requirement
Improvements” subject to such surety is completed. Within thirty (30) days from the City’s
approval of any such “required Improvement”, the City shall release such surety, in whole or
part, as may be appropriate under the circumstances.
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C. Completion Time: All required Improvements shall be completed within one (1) year from the
date of acceptance of the surety/financial guarantee of performance by the City. The
Administrator may authorize a delay in the completion of the “required Improvements” if at
a minimum, the surety is extended. Notwithstanding the foregoing, no final occupancy
permit will be issued for any residence or business, whichever is applicable, until the sidewalk,
sod, automatic irrigation, and street trees have been installed along the frontage of the Lot
that said residence/business is located upon.
11B-11D-17: INSPECTIONS
Before approving a Final Plat and construction plans and specifications for “required
Improvements”, the City may require an agreement between the Subdivider and the Council to
provide for checking or inspecting the construction and its conformity to the submitted plans.
11B-11D-18: FAILURE TO COMPLETE PUBLIC IMPROVEMENT CONSTRUCTION
In the event the Subdivider shall, in any case, fail to complete such work within the period of time
as required by the conditions of the guarantee for the completion of “required Improvements”,
it shall be the responsibility of the Council to proceed to have such work completed. In order to
accomplish this, the Council shall appropriate the cash deposit, certified check, other methods
accepted by the City, and as may be included in a written agreement between the Council and
the Subdivider.
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SUBCHAPTER 11E
SPECIAL DEVELOPMENT SUBDIVISIONS
11B-11E-1: PURPOSE AND SUMMARY OF PROVISIONS
The purpose of this Subchapter E is to identify types of subdivisions that normally may pose
special concerns. This Subchapter E outlines the plan submittal requirements and design
standards that shall be taken into consideration when acting on Hillside Subdivisions, subdivisions
within a floodplain, and condominium subdivision.
11B-11E-2: SUPPLEMENTARY PROVISIONS
The provisions of this Subchapter E are in addition to the plan requirements, design standards
and Improvement standards that are required by Subchapters B, C and D of Chapter 11 of this
Title.
11B-11E-3: HILLSIDE SUBDIVISIONS
All Hillside Subdivision developments in Avimor shall proceed in accordance with the Avimor
Grading Guidelines and Hillside Development Standards.
11B-11E-4: SUBDIVISION WITHIN A FLOODPLAIN
In addition to the provisions of Chapter 11 of this Title, any Subdivision within the designated
Floodplain of the City shall comply with ECC Title 10.
11B-11E-5: CONDOMINIUM SUBDIVISIONS
Any person desiring to create a condominium Subdivision as defined by and in accordance with
Title 55, Chapter 15, Idaho Code shall submit all necessary applications to the Administrator for
review and approval.
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SUBCHAPTER 11F
SUBDIVISION ADMINISTRATION AND ENFORCEMENT
11B-11F-1: ADMINISTRATION
The Council shall appoint an Administrator to carry out the provisions as herein specified and to
serve at the pleasure of the Council. The Administrator shall receive and process all Subdivision
applications.
11B-11F-2: VACATIONS AND DEDICATIONS
A. Application For Vacation Or Dedication: Any property Owner desiring to vacate an existing
Subdivision, public right of way or easement shall complete and file an application with the
Administrator. These provisions shall not apply to the widening of any Street that is shown in
the Avimor Master Street Plan or the Dedication of Streets, rights of way or Easements to be
shown on a recorded Subdivision.
B. Administrative Action:
1. Action By Administrator: Upon receipt of the completed application, the Administrator
shall affix the date of application acceptance thereon, shall place the application on the
agenda for consideration at the next regular meeting of the Commission which is held not
more than fifteen (15) days after the date of acceptance.
2. Recommendation By Commission: The Commission shall review the request and all
agency responses and within thirty (30) days of the meeting at which the issue was on the
agenda, shall make a recommendation to the Council for either approval, conditional
approval or denial.
3. Action By Council:
a. Vacations: When considering an application for vacation procedures, the Council shall
establish a date for a public hearing and give such public notice as required by law.
The Council may approve, deny or modify the application. Whenever public rights of
way or lands are vacated, the Council shall provide adjacent property Owners with a
quitclaim deed for the vacated rights of way in such proportions as are prescribed by
law.
b. Dedications: When considering an application for Dedication procedures, the Council
may approve, deny or modify the application. When a Dedication is approved, the
required Street Improvements shall be constructed or a bond furnished assuring the
construction prior to acceptance of the dedication. To complete the acceptance of
any Dedication of land, the Owner shall furnish to the Council a deed describing and
conveying such lands to be recorded with the County Recorder.
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c. Decision: The Council shall review the request and all agency responses and
Commission recommendation, and within thirty (30) days of the meeting at which the
issue was on the agenda either approve, conditionally approve or deny the request.
C. Dedication Of Streets: Within a proposed Subdivision, arterial and Collector Streets, as shown
on the applicable preliminary, shall be dedicated to the public in all cases. In general, all other
Streets also shall be dedicated to public use and Emergency ingress and egress where Local
Highway Department is established.
11B-11F-3: VARIANCES
A. Purpose: The Commission may recommend to the Council a Variance from the provisions of
Chapter 11 of this Title on a finding that undue hardship results from the strict compliance
with specific provisions or requirements hereof or that application of such provisions or
requirements is impracticable.
B. Standards For Variances: No Variance shall be favorably acted upon by the Council unless
there is a finding, upon recommendation by the Commission, as a result of a public hearing,
that all of the following exist:
1. There are such special circumstances or conditions affecting the property that the strict
application of the provisions of Chapter 11 of this Title would clearly be impracticable or
unreasonable. In such cases, the Subdivider shall first State his reasons in writing as to the
specific provision or requirement involved.
2. Strict compliance with the requirements of Chapter 11 of this Title would result in
extraordinary hardship to the Subdivider because of unusual topography, other physical
conditions or other such conditions which are not self-inflicted, or that these conditions
would result in inhibiting the achievement of the objectives of Chapter 11 of this Title.
3. The granting of the specified Variance will not be detrimental to the public welfare or
injurious to other property in the area in which the property is situated.
4. Such Variance will not violate the provisions of the Idaho Code.
5. Such Variance will not have the effect of nullifying the interest and purpose of Chapter 11
of this Title.
C. Variances For Signs:
1. Applicability: Sign Variances may be granted to the height and display surface standards,
to increase the number of allowed Signs, to allow relocation of a Sign, and to allow
structural alterations, or other design items.
D. The Council may authorize, in specific cases, such Variance from the terms of this Title as will
not be contrary to the public interest where, owing to special conditions, a literal
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enforcement of the provisions of this Title would result in unnecessary hardship. No
nonconforming use of neighboring lands, structures or Buildings in the same district and no
permitted or nonconforming use of lands, structures or Buildings in other districts shall be
considered grounds for issuance of a Variance. Variances shall not be granted on the grounds
of convenience or profit, but only where strict application of the provisions of this Title would
result in unnecessary hardship.
E. Application And Standards For Variance: A Variance from the terms of this Chapter shall not
be granted by the Council unless and until a written application for a Variance is submitted
to the Administrator and the Council containing:
1. Name, address and phone number of applicant(s);
2. Legal description of property;
3. Description of nature of Variance requested; and
4. A narrative statement demonstrating that the requested Variance conforms to the
following standards:
a. That special conditions and circumstances exist which are peculiar to the land,
structure or Building involved and which are not applicable to other lands, structures
or Buildings in the same district;
b. That a literal interpretation of the provisions of this Title would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms
of this Title;
c. That special conditions and circumstances do not result from the actions of the
applicant or a previous Owner; and
d. That granting the Variance requested will not confer on the applicant any special
privilege that is denied by this Title to other lands, structures or Buildings.
11B-11F-4: ENFORCEMENT AND PENALTIES
A. Enforcement:
1. No Subdivision Plat required by Chapter 11 of this Title or the Idaho Code shall be
admitted to the public land records of the County or recorded by the County Recorder
until such Subdivision Plat has received final approval of the Council.
2. No public board, agency, Commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public Improvements required
by Chapter 11 of this Title until the Final Plat has received the approval by the Council.
272 | Page
Avimor Zoning Ordinance
3. No permits for construction of any structure shall be issued on any Parcel or Lot until it
has been determined such Parcel or Lot meets the requirements of Chapter 11 of this
Title. Except for Community Centers, Common Lots, Pools, or any other construction
having to do with Non-Dwelling Units, as defined in Chapter 1 of this Title.
4. The City attorney shall, in addition to taking whatever criminal action deemed necessary,
take steps to civilly enjoin any violation of Chapter 11 of this Title.
B. Violations And Penalties: Violations of any of the provisions of this Title or failure to comply
with any of its requirements shall constitute a misdemeanor. Each day such violation
continues shall be considered a separate offense. The landowner, tenant, Subdivider, builder,
public official or any other person who commits, participates in, assists in or maintains such
violation may each be found guilty of a separate offense. Nothing herein contained shall
prevent the Council or any other public official or private citizen from taking such lawful
action as is necessary to restrain or prevent any violation of Chapter 11 of this Title or of the
Idaho Code.
11B-11F-5: APPEALS
A. Final Decision Appeal: Any final decision by the Administrator may be appealed to the Council.
Within fourteen (14) days following the Administrator's written decision the appealing party
shall file a written notice of appeal with the City clerk before five o'clock (5:00) P.M. or close
of business, whichever occurs later, specifically identifying which requirements are appealed
to the Council including all reasons, factual and legal, why the decision of the Administrator
should be overturned or modified.
B. Action By The Council: Within twenty (20) days from receipt of the written notice of appeal,
the Administrator shall set a hearing date for the appeal to be heard by the Council. The
Administrator and the City attorney shall provide the appellant and the Council with a written
response to the notice of appeal, including any other documents filed by the appellant, at
least three (3) days prior to the appeal hearing. After hearing the appeal, the Council may
approve, approve with supplementary conditions, or deny the appeal as presented. Within
fourteen (14) days after a written decision has been rendered by the Council, the
Administrator shall provide the appellant with written notice of the decision.
5/8/23,12:12 PM Adportal Self Service Advertising Confirmation
THANK YOU for your legal submission!
Your legal has been submitted for publication.Below is a confirmation of your legal placement.You will also receive an email
confirmation.
ORDER DETAILS PREVIEW FOR AD NUMBER IPLO1219460
Order Number: SUMMARY OF ORDINANCE NO.895
IPLO121946 AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,ESTABLISHING TITLE 11"PLANNED
DEVELOPMENTS",SECTION B"AVIMOR ZONING ORDINANCE",CHAPTER 1"ZONING INTERPRETA-
TION AND DEFINITIONS",CHAPTER 2"LAND USE DISTRICTS",CHAPTER 3"DESIGN REVIEW",CHAP-
Order Status: TER 4"SPECIFIC USE STANDARDS",CHAPTER 5"OFF STREET PARKING AND LOADING",CHAPTER 6
"NON-CONFORMING USE",CHAPTER 7"ZONING ADMINISTRATION AND ENFORCEMENT',CHAPTER 8
Submitted "AREA OF CITY IMPACT-,CHAPTER 9"HISTORIC PRESERVATION",CHAPTER 10"MINIMAL PROPER-
TY MAINTENANCE',AND CHAPTER 11"LAND SUBDIVISIONS",AND PROVIDING AN EFFECTIVE DATE.
Classification A summary of the principal provisions of Ordinance No.895 of the City of Eagle.Ate County,kalw,aklopted on April
25,2023 is as follows:
Section 1:Eagle City Code Titie 11'Planned Developments'.Section B.'Avltnor Zoning Ordinance',is hereby established
Legals&Public Notices as follows:
Chapter 1:Zoning Inlerpretatiotn&Definilionsshoc title,Avimor Planned Development Zoning District Established.Our-
Package: poses:applicability;interpretation.scope of regulations:and definitions.
Chapter 2:Land Use Districts Zoning and maximum development intensity;Master lard use rap and land use districts.
BOI-Legal Ads permitted uses:setbacks and general lot development regulations.
Chapter 3:Design Revie,,general applicability:purpose and goals;effect of other provisions;definitions.Avknor
Final Cost' Design Guidelli tlesgn requirements.objectives.and considerations;landscape and buffer area requirements;Sig-
' ndpermit
rage:lighting:a*iinislrative a board level applications;application and requirements:notification,design review
133.78 application process;appeals;terms of approval;modifications;restrictions on other required documents;sureties;and
inspection.
Chapter 3A:Village One District Design and Development Standards:Applicability and Village One land use plan.
Payment Type: Chapter 38:Boise County Phases 1 Subdivision Land Use Map:Applicability and Boise County Phase 1 Subow,s
lard Use Map.
Account Billed Chapter 4:Specific Use Standard"urpOse:supplernenlal general provisions;commercial and industrial uses msuicl-
User ID: etl,Chapter
land use standards.Prng
(Ynapler 5:Off Street Parking and Loathing-iwNose and inlerpreWlion of provisions;application or provisions,design
and maintenance:addillonal parking regulations and requirements;adidt"I design and maintenance regulalions and
IPLOO24895 mquirstments;joint and off-site packing,parking disabled vehicles;bicycle parting;and schedule of parlung requirema ls.
Chapter 6:Non-Contorfing Use-applies ECC 8-5.
Chapter 7:Zoning Administration and Enforcement-aoninislralor,zoning permits and certificates of occupancy.coil
tional uses:valances:tlesgn review,administrative;tlesgn review,board level review;appeals,administrative decisions,
title amendments,zoning,sub-area plan,and subdNislon land use nap;schedule of lees.charges and expenses:notice
requirements.end violations and penalties.
ACCOUNT INFORMATION Chapter 8:Area of City Impact-applies ECC 8-8.
Chapter 9:Historic Preservaterrapplies ECC 8-9.
Chapter 10:Minimal Property Manteance,-applies ECC 8-11.
Chapter 11:Lard Subtlivisions
CITY OF EAGLE/LEGALS IP Subchapter 11A:General provisions-short title;augIlly:d purpose;applicabilnty:interpretation:and rules and defni-
"S.
Subchapter 11B:Subdivision plats and procedures-application for subdivision approval generally,preapplicalion
PO BOX 1520 procedure,preliminary plat;final plat;lees;record of 101.plal approval:Sae of lot and plat to be recorded.
EAGLE,ID 83616 easements:planting
11C:Subdivision design standards:minimum standards required:streets and alleys;pedestrian walkways;
planting strips and reserve strips:public sues arid open spaces:wager system;and fences.
Subchapter 11 D:Required Subdivision Improvements-improvements required:monuments;streets and alleys;curb
208-939-6813 and
gutter:street wer signs;streetlights:pathways and trail regulations:underground utilities:water supply and se system
krekow@cityofeagle.org requirements;slonn drainage,flood controls;fire hydrants and water mans;landscape buffer areas:construction of
improvements:construction plans:guarantee of Improvements;Inspections;antl failure to complete public improvement
CITY OF EAGLE/LEGALS ddnatn,Ulpte
Subchapter 11 E:Special Development Subdivisions-purpose and summery of provisions:sutppiemenary provisions;
hillskk subdivisions;subdivision within a flootlplain,add condominium subdivisions.
Subchapter 11F:Subdivision administration and enforcement-administration,vacation and dedications,variances.
enforcement and penalties;and appeals.
Section 2:1 any provision in this Ordinance shall be declared by any Lour of competent jurisdiction to be contrary to law,
then such provision shall be null and void and shall be deemed severable from tapm rasining provisions n this Ordinance
TRANSACTION REPORT and shell in no way affect the validity of the other provisions of this Ordinance or Eagle City Code.
Section 3:All prior ordinances or parts thereof.to the extent inconsistent herewith.are hereby repeated and Shan.to the
extent or such Inconsistency,have no further force or effect.
Section 4:This Ordinance,or a summary thereon in compliance with Se llpl 50-901A,Mara Coe.shall be published
Date once in the official newspaper of the City,and shall take effect irri eda ely upon its passage,approval,and publicaton.
The full text of this Ordnance is available at me City Clerk's Office antl will be providetl lo any citizen upon personal
May 8,2023 1:12:11 PM EDT request
t�� �hours.
Amount: Ads County,Many
son
133.78 MayoorPe ce
ATTEST:
Tracy E.Oulbor
City Clark
EY
SCHEDULE FOR AD NUMBER IPLO1219460 CERTIFICATION Ea ON OF c,I embyATTO partly
As city attorney for end legal advisor lo the City of Eagle,Mann,I hereby ceNty that I have reviewed the foregoing Sum-
mary of Ordinance No.895 the City of Eagle,adopted on,_........._.I_. --and that the same is true and complete and
provides adequate notice to he public of the contents of the Ordinance.
DATED as of the__day of__.........2023.
May 9,2023 City Attorney
Idaho Statesman(Boise) Ww000000
Publication Dates
«Click here to rint a printer friendlv version»
https://placelegal.mcclatchy.com/legals/boise/home/confirmation.html?id=l l5784&returnto= 1/1
n4
CC'
Beaufort Gazette. The Herald-Rcck Hill el Nuevo Herald-Miami Sun News-Myrtle ar t
Belleville News-Democrat Herald Stun-Durham Modesto Lee The News Tribune Tacoma
Bellingham Herald. Idaho Statesman Raleich News&Observer The Telegraph-Macon
Bradenton Herald island Packet The Olflprart San Luis Obispo Tribune
/A!. NMCCLAT+CHY Centre Daily Times KO9555City Star Sacramento Bee Tri-City Herld
Charlotte Observer t.exingtan Harald-Leader Fort Worth-Star-Telegram Wichita Eagle
Columbus Ledger-Enquirer Merced Sun-Sf3r The Stte-Colombia
Fresno Bee Miami Herald Sun Harald-Biloxi
AFFIDAVIT OF PUBLICATION
Account# I Order Number Identification Order PO Amount Cols I Depth
36791 418973 Print Legal Ad-IPL01219460-IPL0121946 $133.78 3 80 L
Attention: Kellie Rekow Bettina Jantzen,being duly sworn,deposes and
OFEAGLE/LEGALS says:That she is the Principal Clerk of The Idaho
CITYStatesman,a daily newspaper printed and
COBOX
EAGLE,I 1520 2D 06169102 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
period of twelve consecutive months prior to the
SUMMARY OF ORDINANCE NO.895 AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,ESTABLISHING TITLE 11"PLANNED first publication of the notice,a copy of which is
DEVELOPMENTS",SECTIONS"AYIMOR ZONING ORDINANCE",CHAPTER 1"ZONING INTERPRETA-
TION AND DEFINMONS",CHAPTER 2"LAND USE DISTRICTS",CHAPTER 3"DESIGN REVIEW,CHAP- attached hereto:that said notice was published in
TER 4"SPECIFIC USE STANDARDS",CHAPTERS"OFF STREET PARKING AND LOADING",CHAPTER 6
"NON-CONFORMING USE",CHAPTER 7"ZONING ADMINISTRATION AND ENFORCEMENT",CHAPTER 8 The Idaho Statesman,in conformity with Section
TY-AREA°MARL ENA IMPACT",
a D'CHAPTER�9"HISTORIC ED ur�ONS",,GAND CHAPTER AN
0 E EFFECTIVE 60-108,Idaho Code,as amended,for:
A summary of the principal Previsions of Ordinance No,Ea5 of the City or Eagle,Ada County,Idaho.adopted on Aprl
25,2023 is as follows
Section 1'Eagle City Code Title 11"Planned Developments",Section B,"Amor Zoning Ordinance",is hereby established
as follows 1 insertion(s)published on:
Chapter 1 Zoning Interpretation 8 Definitions-short title:Avimor Planned Development Zoning District Established,pur-
poses,applicability,interpretation,scope of regulations;and definitions 05/09/23
Chapter 2.Land Use Districts-Zoning and maximum development intensity;Master land use map and land use distncts;
permitted uses,setbacks and general lot development regulations
Chapter 3.Design Review-general applicability;purpose and goals;effect of other provisions;definitions,Avimor
Design Guidelines,design requirements,objectives,and considerations;landscape and buffer area requirements;sig-
rrage;fighting:administrative and board level applications,application and permit requirements,notification,design review
application process:appeals;temrs dt approval.modifications,restrictions on other required documents,sureties,and
inspection
Chapter 3A.Village One O:xricl Design and Development Standards:Aptlicabalty✓rid Village Orre tend use plan_
Chapter 36 Boise County Phases 1 Subdivision Lard Use Map:Applicability and Boise County Phase S Subdivision
Land Use Map
Chapter 4:Specific Use Standards-purpose.supplemental general provisions.commercial and industrial uses restrict-
ed,speclrrc Land use standards.
Chapter 5:Off Street Pardng and Loadlig--pur'poae and lmorprefation of provisions:appal:2ton or provision;design
and maintenance;addlonal parking regulations and requirements;additional design and maintenance mot/J.-bons and
requites rrts;joint and oftsle perking:parking disabled vehicles:bicycle Perking;and schedule of parking requlrehents
Chapter 8:Non-Conforming Use-applies ECC 8-5.
Chapter 7:Zoning Administration and En or sarI-•sdminiiltator:zoning perinr'.g and cerrifIcat s of occupancy Co di-
tionai asses:variances;design reylew,adminL50dtire;design review,board lend rernew:appeals,administrative decisions;
Sias arrandmene,zoning,sub-area plan,and subdivision land use map;schedule of fees,charges and expenses,notice (Legals Clerk)
requirements:end violations and penalties
Chapter 8'Area of City I,rgact applies ECC&S.
Chapter 9:Historic Preeemlio l-applies ECC 8-e On this 17th day of July in the year of 2023 before me,a
Chapter 10 Minimal Property Maintenance-applies ECC 8-11
Chapter 11:Land Subdivisions Notary Public,personally appeared before me Bettina
Subchapter 11A.General provisions-short title,authority,purpose,applicability;interpretation;and rules and defini-
tions Jantzen known or identified to me to be the person
Subchapter 11B Subdivision plats and procedures-application for subdivision approval generally;preapplication whose name subscribed to the within instrument,and
procedure:preM1nlrrary plat;final Wet:fees:record of lot.peal approval:sale of lot,and flat to be recorded.
Subci-sprer 11C:Subdivision design standards:minimum standards required;streets and elleys:pedestrian walkways: being by first duly sworn,declared that the statements
ease strips ments;Wanting
improvements public saes anq open
water a tbit , r Subdivision m - re,u ; fencess and arreys:Erb therein are true,and acknowledged to me that she
and gutter,street signs:streetlights:pal/ways and trail regulasans;underground utilities:water supply and timers)stem
requirements;gown drainage,!Iced controls;tire hydrants and water mains;landscape puller areas;corrseuclion at executed the same.
hnprovernanfs:consi uetion plans;guarantee df Imdroven1er45:f ropectorts:and failure to crwripiete public improvement
construction.
Subchapter 11 E.Special Development Subdivisions-purpose and summary of provisions,supplementary provisions,
hillside subdivisions,subdivision within a floodplain;and condominium subdivisions
Subchapter 11F•Subdivision administration and enforcement-administration,vacation and dedications;vanances.
enforcement and penalties;and aroPea6j.
Secfon_2 T any provision In ells Ordb1Yrrde shall be declared by any Cpertef Ciernpetentjunediction to be Contrary td law,
then such prov'dn shell be null and veld and shet be deemed seow able from the Tenravnag provisions in Gus Ordinance
and shell In noway affect the validity of the other provisions of this Ordnance or Eagle City Code.
Secs nL 3.Alt pryer ordinances or parts thereol,to Ore extent enl herewith,are hereby repaaiad and shall.In tie
extern of such inconsistency,have no further tome or elect i
Sedbon.d:This Ordinance,or a summery thereof in compliance with Section 50-SDSA,Idaho Code,shot be publiehod S C� H&.m fr4c r
once In the official rievsoaPer of the City,and shell tale eifed km-nada/styr upon es passage,approval,and pubjlcahon_
r*e' rL ram-a'a„VV"��"4/E
The toll tad of tilts Ordinance i6 aret eble at the City Clark's OICce and will be provided ld any cllizen apart personal'
request during normal office hours.
CRY OF EAGLE,DAHO Notary Public in and for the state of Texas,residing in
Ada County,Idaho
Dallas County
Jason r —
f,,�,ygr .,_
ATIkut: :. STE PHA€E HAT C1-IER
Tracy E Osbom �Ajr r c.t !�,r�
City Clerk Er: }rj? i) My r1btar 10 4.1 i33.53446
CERTIFICATION OF CITY ATTORNEY - !
Ny ,e
As city attorney for and legal advisor to the City of Eagle,Idaho,I hereby certify that I have reviewed the foregoing Sum- =i
mary of Ordinance No.885 the City of Eagle,adopted on.__ ..._______..and that the same is true and complete and '^.f;;r tl;.•' Expires January 14,2026
provides adequate notice to the public of the contents of the Ordinance ^
DATED as of the day of ,2023
Extra charge for lost or duplicate affidavits.
... . City Attorney 1 1 do
not destroy!
IPL0121946 `sd" please�
May 9 2023