Ordinance - 1994 - 242 - Amend Lot Sizes - 06/28/1994ORIGINAL
ORDINANCE NO. 242
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLES 8 AND 9 OF THE EAGLE CITY CODE TO ESTABLISH LOT SIZES, LOT
COVERAGE, AND OPEN SPACE IN CONFORMANCE WITH THE CITY OF EAGLE
COMPREHENSIVE PLAN
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal corporation
of the State of Idaho and is authorized by Chapter 65, Title 67, Idaho Code, to create and amend
zoning and subdivision ordinances; and
WHEREAS, the City of Eagle Comprehensive Plan (the "Comprehensive Plan"), sets forth
land use policies to preserve the rural transitional identity and natural features and resources of
the City; and
WHEREAS, the Council of the City of Eagle (the "Council") has determined that small lot
sizes and the lack of open space in the existing Zoning and Subdivisions Titles of the Eagle City
Code, conflicts with the intent of the Comprehensive Plan and the City's zoning regulations; and
WHEREAS, on March 8, 1994, the Council passed a moratorium on future development
until such time as an emergency ordinance could be passed; and
WHEREAS, on March 22, 1994, Emergency Ordinance No. 240 was passed, amending
Titles 8 and 9 of the Eagle City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: The Council hereby finds and declares that lot sizes, lot coverage, lot width,
open spaces, and standards and definitions associated therewith should be amended to conform
with the intent of the Comprehensive Plan.
Section 2: The definition of "Open Space" in Section 8-1-2 of the Eagle City Code is
hereby repealed and a new definition of "open space" is added to read as follows:
OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and
accepted by the City, substantially open to the sky, exclusive of streets,
buildings and other covered structures.
Ordinance No. 242 - Page 1
Section 3: Section 8-2-4 of the Eagle City Code is hereby repealed and replaced with a
new Section 8-2-4 to read as follows:
8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
OFFICIAL HEIGHT AND AREA REGULATIONS
Minimum Yard Setbacks
Note conditions [A] to [G] Below
Minimum
Maximum Lot Minimum
Zoning Maximum Interior Street Lot Area Lot Width
District Height Front Rear Side Side Covered (Acres or [J]
Sq. Ft.)
[H & I]
A 60' 60' 30' 10' 45' 10% N/A 100'
A -R 35' 60' 30' 30' 45' 10% 2 Acres 100'
R-1 35' 30' 30' 15' 30' 35% 37,000 100'
R-2 35' 30' 30' 10' 20' 40% 14,520 75'
R-3 35' 20' 25' 7.5' 20' 40% 10,000 75'
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
R-5 35' 20' 25' 7.5' 20' 40% 7,000 70'
R-6 to 35' 20' 25' 7.5' 20' 60% N/A 50'
R-25
L-0 35' 30' 20' 7.5' 20' 60% 2,000 25'
C-1 35' 15' 0' 0' 10' 50% 2,000 25'
C-2 60' 0' 0' 0' 0' 92% 1,300 25'
C-3 60' 0' 0' 0' 0' 92% 1,300 25'
CBD 80' 0' 0' 0' 0' 92% 500 25'
M-1 60' 0' 0' 0' 0' 92% N/A 25'
M-2 60' 0' 0' 0' 0' 92% N/A 25'
M-3 60' 0' 0' 0' 0' 92% N/A 25'
[A] Measured from the foundation to the property line. No portion of the structure
may extend more than two feet (2') into the sideyard setback. Open structures
such as porches, canopies, balconies, platforms, carports, covered patios and
Ordinance No. 242 - Page 2
similar architectural projections shall be considered part of the building to which it
is attached and shall not project more than fifteen feet (15') into rear yard setback.
[13] Additional five feet (5') per story setback for multi -story structures. Height not to
exceed three (3) stories except by conditional use permit.
[C] All residential buildings in other than agricultural or residential districts must meet
residential official height and area regulations.
[D] Front Yard setback from arterial and collector streets is thirty feet (30').
[E] As part of Section 8-2A-3 of this Title and identified by signatures of the Mayor
and City Clerk is a map of an overlay district wherein the interior side yard
minimum requirements for the lots indicated are seven and one-half feet (7-1/2')
setback on one side for a single story building and five feet (5') per story setback
for multi -story structures.
[F] Street side setback on arterial and collector streets is twenty-five feet (25') in all
residential zoning districts.
[G] In order to stimulate the rehabilitation and revitalisation of the existing
neighborhoods where the currently platted residential lots are less in size than the
seven thousand (7,000) square feet per dwelling unit, applicants desiring to exceed
the authorized forty percent (40%) maximum lot coverage may apply for a
conditional use permit.
[11] A decrease of minimum lot size in a subdivision may be allowed if there is an
offsetting increase of the same percentage in open space and a Planned Unit
Development is applied for and approved.
[I]
[J]
All lots with street side frontage shall have a minimum lot area that is 10% larger
than shown in this table.
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. Minimum lot
frontage, the portion of a lot front adjacent to a public or private street, for all
residential zoning districts shall be thirty-five (35') feet.
Section 4: The definition of "Open Space" in Section 9-1-6 of the Eagle City Code is as
follows:
Ordinance No. 242 - Page 3
OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and
accepted by the City, substantially open to the sky, exclusive of streets,
buildings and other covered structures.
Section 5: Section 9-3-8 of the Eagle City Code is hereby amended by adding a new
Section D as follows:
[D] Open Spaces: The minimum percentage of the gross area that must be set aside
for open spaces in new subdivisions shall be as follows:
Zoning
District
Open
Space
R-2 R-3 R-4 R-5 R-25
10% 10% 10% 10% 10%
Section 6: Section 8 -2A -7(F)(2) of the Eagle City Code is hereby amended to read as
follows:
Additional landscaping will be required for new construction and shall cover a minimum of
° eight percent (8%) of the portion of the building site. Exception to the
five -percent -0%) eight percent (8%) minimum may be granted for unique designs.
Sectionl This Ordinance shall take effect and be in force from and after itsassa e
p g,
approval, and publication as required by law. In lieu of publication of the entire Ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED this A day of
lay, 1994.
Ordinance No. 242 - Page 4
CITY OF EAGLE
Ada County, Idaho
Mayor
-ROOF OF PUBLICATICA 4
County of Ada
State of Idaho
Co. Szy1 4Wi being first duly sworn, on oath says that she is
the principal clerk of THE VALLEY NEWS, a newspaper
of general circulation, published weekly at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
once each and every.week for ` consecutive weeks,
First publication being on the $14day of
,i. ,19 9 UJ , and the last publication
beingonthe day of ,19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached nqt e
Principal Clerk
r
Subscribed and sworn before me this p,a. day of
'644-N
,19 VY.
Notary Public
0 0
Residence: A4/ -1
My commission expires: 7 ` a S - 9
•••
•••........q•
;' %-kaw '
s*:
E*s •
•
11 :f ` d1%, •
!
b
'a.S
do?•
•ass -
.........•
LEGAL NOTICE
OF PUBLIC HEARING
City of Eagle, Idaho
ORDINANCE 242
NOTICE is hereby given that the
Eagle City Council will consider
Ordinance #242 concerning
amendments to Titles 8 and 9 of the
Eagle City Code to establish lot sizes
and minimum percentages for open
space at a public hearing to be held on
June 28, 1994 at 730P.M.atthe EAGLE
CITY HALL
Publish: June 9, 1994
Barbara Montgomery, CMC
.City of Eagle