Ordinance - 1990 - 159 - Amending Zoning Ordinanance - 01/09/1990ORDINANCE NO. l--___
AN ORDINANCE RELATING TO ZONING AMENDING SECTION 8-1-2, EAGLE CITY CODE, TO CHANGE EXISTING AND INCLUDE NEW
DEFINITIONS OF CERTAIN USES; AMENDING SECTION 8-2-1, EAGLE CITY CODE, TO CHANGE EXISTING AND INCLUDE NEW
DEFINITIONS OF CERTAIN DISTRICTS; AMENDING SECTION 8-2-3, TO CHANGE EXISTING AND INCLUDE NEW USES ALLOWED,
CONDITIONALLY ALLOWED, AND PROHIBITED, IN CERTAIN DISTRICTS; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, that:
Section 1.: Section 8-1-2, Eagle City Code, is hereby amended to read as follows:
8-1-2: RULES AND DEFINITIONS: For the purpose of this Title, certain terms or words used herein shall be
interpreted as follows:
A. The word "person" includes a firm, association, organization, partnership, trust, company or
corporation, as well as an individual.
B. The present tense includes the future tense, the singular number includes the plural and the plural
number includes the singular.
C. The word "shalt" is a mandatory requirement, the word "may" is a permissive requirement and the word
"should" is a preferred requirement.
D. The words "used" or "occupied" include the words "intended, designed or arranged to be 'used or
occupied";
E. The word "lot" includes the words "plot" and "tract".
The following words and terms when used in this Title shall have the meanings ascribed to them in this Section:
ACCESSORY USE or A use or structure on the same lot with, and of a nature customarily incidental
STRUCTURE and subordinate to the principal use or structure.
ADMINISTRATOR An official having knowledge in the principles and practices of zoning who is
appointed by the Council to administer this Title.
AGRICULTURE and FOREST
AIRPORT
The use of land for farming, dairying, pasturage, agriculture, horticulture,
floriculture, viticulture, animal and poultry husbandry and the necessary accessory
uses for parking, treating or storing the produce; provided, however, that:
A. The operation of any such accessory uses shall be secondary to that of normal
agricultural activities; and
B. The above uses shall not include the feeding or sheltering of animals or
poultry in penned enclosures within one hundred feet (100') of any residential
zoning district. Agriculture does not include the operation or maintenance of a
commercial stockyard or feedyard where large numbers of livestock are fed
concentrated feeds particularly for the purpose of fattening for market.
Anv area of land or water which has been set aside. designated, classified and
duly established by jurisdictional authorities which may be used for aircraft
terminals for people. mail. and freight. airport traffic control and weather
stations. aircraft repair. storage and tie -down areas. gasoline. jet fuel. oil and
other aircraft supolies and oarts storage areas. aircraft landing strips. taxi
ways. clear areas. hangers. offices and such other facilities. buildings or
structures necessary therefor.
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APARTMENT
AUTOMOTIVE, MOBILE HOME,
TRAVEL TRAILER and FARM
IMPLEMENT SALES
A room or suite of rooms in a multiple -family structure which is arranged, designed
or used as a single housekeeping unit and has complete kitchen facilities
Permanently installed.
The sale or rental of new and used motor vehicles, mobile homes, travel trailers
or farm implements, but not including repair work except incidental warranty repair
of same, to be displayed and sold on the premises.
AUTOMOTIVE REPAIR The repair, rebuilding or reconditioning of motor vehicles or parts thereof,
including collision service painting and steam cleaning of vehicles.
AUTOMOTIVE WRECKING
The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes,
trailers or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
BASEMENT A dwelling unit, all or partly underground, but having at least one-half ('h) of
its height below the average level of the adjoining ground.
BOARDING HOUSE. LODGING
HOUSE. DORMITORY
A building other than a hotel or motel where meals and/or lodging are provided
for compensation to three (3) or more unrelated persons. but less than twelve (12)
persons. who are not transients. and kitchen facilities are not provided in the
individual rooms.
BUILDING Any structure designed or intended for the support, enclosure, shelter or
protection of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY
BUILDING, HEIGHT
A subordinate building detached from, but located on the same lot as the principal
building, the use of which is incidental and accessory to that of the main building
or use.
The vertical distance measured from the average elevation of the proposed finished
grade at the front of the building to the highest point of the roof for flat roofs,
to the deck tine of mansard roofs, and the top of building walls for gable, hip
and gambrel roofs.
BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the lot on which
said building is situated.
CHILD CARE FACILITY
CLINIC
Anv facility were 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 (1) the operator's children or legal wards or children related
by blood or marriage. (2) occasional personal guests. and (3) children aged twelve
(12) years and over. Anv home. place. or facility providing overnight custodial
services for lodging or boarding for the occupants therein shall not be considered
a child care facility.
There are three (3) types of child care facilities:
A. Family Dav Care Home - A child care facility for six (6) or fewer children.
Babysitting services are an accessory use to residential uses.
B. Group Dav Care Facility - A child care facility for seven (7) to twelve (12)
children. (Ord. 4772. 1-23-84)
C. Dav Care Center - A child care facility for thirteen (13) or more children.
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 and services.
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CLUB LODGE
COMMERCIAL ENTER-
TAINMENT FACILITIES
COMMISSION
COMPREHENSIVE PLAN
CONDITIONAL USE
COUNCIL
DAIRY FARM
DENSITY
DESIGN REVIEW ORDINANCE
DWELLING, MULTI -FAMILY
DWELLING. SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
A building or portion thereof or premises owned or operated by an organized
association of persons fora social, literary, political, education or recreational
purpose primarily for the exclusive use of members and their guests; but still 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.
Any profit-making activity which is generally related to the entertainment field
such as motion picture theaters, bowling lanes, carnivals, nightclubs, cocktail
lounges and similar entertainment activities.
The Zoning, Planning and Zoning, Joint Zoning or Joint Planning and Zoning
Commission appointed by the Council.
A plan, or any portion thereof, adopted by the Council including such things as
the general location and extent of present and proposed physical facilities
including housing, industrial and commercial uses, major transportation, parks,
schools and other community facilities.
A use permitted within a district, other than a principally permitted use,
requiring a permit and approval of the Council. Uses permitted in each district
are listed in the Official Schedule of District Regulations, Section 8-2-3 of this
Title.
The City Council of the City of Eagle.
A farm whose principal function is the production of milk and milk products and
which may include the processing of milk so produced. A dairy farm further refers
to a dairy barn. processing facility or feeding area where animals are kept. raised
or fed in a restricted area. and where the milking area is subiect to the approval
of the Idaho State Department of Health and Welfare.
A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density: The number of dwelling units per acre of total land to be
developed, including public right-of-way.
B. Net Density: The number of dwelling units per acres of land when the acreage
involved includes only the land devoted to residential uses, excluding public
right-of-way. (Ord. 40, 10-1978, rev. 9-1980)
The Design Review Ordinance of the City, as adopted by the City, or as may
hereafter be amended and/or codified.1 (Ord. 83, 12-14-82)
A dwelling consisting of three (3) or more dwelling units including townhouses
and condominiums with varying arrangements of entrances and party walls. Multi-
family housing may include public housing and industrialized units.
OFALOP-40Eiti,j _7:
, - s t:I :,t ries-Es
evicted—#e:' 4:7.7i:7.a tion --fen til. -s. '13) or more unrclotcd
A dwelling consisting of a single dwelling unit only, separated from other dwelling
units by open space.
A dwelling, consisting of two (2) dwelling units which may be either attached side
by side or one above the other.
Space within a dwelling comprising living, dining, sleeping room or rooms and
storage closets, as well as space and equipment for cooking, bathing and toilet
facilities, all used by only one family and its household employees.
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EASEMENT Authorization by • property owner for the use by another, and for • specified
purpose, of any designated part of his property. (Ord. 40, 10-1978, rev. 9-1980)
FACADE The front or thief face of a building. (Ord. 83, 12-14-82)
FAMILY One or more persons occupying a single dwelling unit; provided, that all members
are related by blood, adoption or marriage.
FARM
FRONTAGE ROAD
GARAGE, SERVICE STATION
puildings and premises used for the raising and processing of farm products in en
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.
A road which has unlimited access to collector and access streets but has limited
access to arterial streets. Access onto arterial streets is limited to one
thousand five hundred feet (1,500') between points.
Buildings and premises where gasoline, oil, grease, batteries, trees and motor
vehicle accessories may be supplied and dispensed at retail and where, in addition,
the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid,
light bulbs, fuses, floormats, seat covers, windshield wipers and blades, grease
retainers, wheel bearings, mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and selling washer and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oit pumps, lines;
H. Minor service and repair of carburetors;
1. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or
racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods
for service station customers, es accessory and incidental to principal operations;
L. Provision of road maps and other informational material to customers and
provision of restroom facilities; and
M. Warranty maintenance and safety inspections. Uses permissible at a filling
station do not include major mechanical and body work, straightening of body parts,
painting, welding, storage or automobiles not in operating condition or other work
involving noise, glare, fumes, smoke or other characteristics to an extent greater
than normally found in filling stations. A filling station is not a repair garage
nor a body shop.
HEALTH AUTHORITY The local District Health Department or State Department of Health and Welfare
that has jurisdictional authority.
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HOME OCCUPATION
HOSPITAL
Any use customarily conducted entirely within a dwelling and carried on by the
inhabitants thereof, which use is clearly incidental and secondary to the use of
the structure for dwelling purposes and which use does not change the character
thereof or does not adversely affect the uses permitted in the zone of which it
is is part.
An institution devoted primarily to the maintenance end operation of facilities
for the medical or surgical care of patients for twenty-four (24) hours or more.
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 -
INSTITUTION Building and/or land designed to aid individuals in need of mental, therapeutic,
rehabilitative counseling or other correctional services.
4:W'( g'l:kri' , JUNK
JUNK YARD
KENNEL, (for hobby,
commercial or boarding
purposes)
LOADING SPACE,
OFF-STREET
LOT
An outdoor space where waste and discarded or salvaged materials are bought, sold,
exchanged. baled. packed. disassembled. stored or handled. including housewreckinq
yards, used umber yards and places where such uses are conducted entirety within
a corriG.etely enclosed bui lc,nq, such as pawn shoos and establishments for the sale,
purchase or storage of used furniture and household eouioment or for used cars in
operable condition. or salvaged materials incidental to manufacturing operations.
Any lot or premises or portion on which three (3) or more dogs, cats or other
household domestic animals are maintained, 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.
Space logically and conveniently located for bulk pickups and deliveries, scaled
to delivery vehicles expected to be used, and accessible to such vehicles when
required off-street parking spaces are filled. Required off-street loading space
is not to be included as off-street parking space in computation of required off-
street loading spaces shalt be located totally outside of any street or alley
right-of-way.
A parcel of land of sufficient size to meet minimum zoning requirements for use,
coverage and area, and to provide such yards and other open spaces as are herein
required. Such lot shall have frontage on an improved public street, or on an
approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
LOT COVERAGE The ratio of enclosed ground floor area of all buildings on a lot to the
horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest the street. For
the purpose of determining yard requirements on corner tots and through lots, all
sides of a lot adjacent to streets shall be considered frontage and yards shall
be provided as indicated under "Yards" in this Section.
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.
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LOT OF RECORD
A lot which is • pert of • subdivision recorded in the office of the County
Recorder; or a lot or parcel described by metes and bounds, the description of
which has been so recorded.
LOT TYPES Terminology used in this Title with reference to corner lots, interior lots and
through lots is es follows:
Corner tot: A lot located et the intersection of two (2) or more streets;
Interior lot: A Lot with only one frontage on a street;
Through tot: A lot other than a corner lot with frontage on more than one street.
Through tots abutting two (2) streets may be referred to es double frontage lots;
and
Reversed frontage lot: A tot on which frontage is et right angles to the general
pattern in the area. A reversed frontage lot may also be a corner lot.
MANUFACTURING, Any mining, quarrying, excavating, processing, storing, separating, cleaning or
EXTRACTIVE marketing of any mineral natural resource.
MANUFACTURING, HEAVY
MANUFACTURING, LIGHT
Manufacturing, processing, assembling, storing, testing and similar industrial
uses which are generally major operations and extensive in character, require
large sites, open storage and service areas, extensive services and facilities,
ready access to regional transportation and no-oratly generate sone n,,isances such
as smoke, noise, vibration, oust, glare, air pollution and water pollution, but
not beyond the district boundary.
Manufacturing or other industrial uses which are usually tontrotled 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.
MOBILE HOME A detached single-family dwelling unit with all of the following characteristics:
A. Designed for a long-term occupancy and containing sleeping accommodations,
e flush toilet, a tub or shower bath and kitchen facilities with plumbing and
electrical connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed
or other trailers or detached wheels; and
C. Arriving at the site where it is to be occupied as a dwelling complete,
including major appliances and furniture, and ready for occupancy except for minor
and incidental unpacking and assembling operations, location on foundation
supports, connection to utilities, and the like.
MOBILE HOME COURT Any site or tract of land whereupon two (2) or more mobile homes or travel trailers
are placed, located and maintained for dwelling purposes on a temporary basis.
MOBILE HOME PARK
MOBILE OFFICE
Any site or tract of land under single ownership upon which two (2) or more mobile
homes in habitation are parked, either free of charge or for revenue purposes,
including any roadway, building, structure, vehicle or enclosure used or intended
for use as part of the facilities of such park.
A detached mobile unit not intended for occupancy as a dwelling unit designed to
be transported after fabrication on its own wheels or on flatbed or other trailers
or detached wheels. Use of mobile office at other than a construction site
requires a conditional use permit.
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MODULAR HOME Constructed with standardized units or dimensions for flexibility and variety in
use.
NONCONFORMING USE
NURSERY, PLANT MATERIALS
NURSING HOME, HOME FOR
THE AGED
OPEN SPACE
A building, structure or use of land existing at the time of enactment of this
Title, and which does not conform to the regulations of the district in which it
is situated.
sehee k--egc .
Land, building, structure or combination thereof for the storage cultivation,
transplanting of live trees, shrubs or plants offered for retail sale on the
premises including products used for gardening or landscaping.
A home of facility for the care and treatment of more than five (5) pensioners or
elderly people.
An area substantially open to the sky which may be on the same lot with a building.
The area may include, along with the natural environmental features, water areas,
swimming pools, tennis courts and any other recreational facilities that the
Council deems permissive. Streets, parking areas, structures for habitation and
the like shall not be included. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 82, 12-
14-82)
PARAPET or PARAPET WALL That portion of a building wall that rises above the roof level. (Ord. 83, 12-
14-82)
PARKING SPACE,
OFF-STREET
PERFORMANCE BOND or
SURETY BOND
PERSONAL SERVICES
PLANNED UNIT DEVELOPMENT
PRIVATE ROAD
An off-street parking space shall consist of 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, but shall be
located totally outside of any street or alley right-of-way.
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.
Any enterprise conducted for gain which primarily offers services to the general
public such as shoe repair, watch repair, barber shops, beauty parlors and similar
activities.
An area of land in which a variety of residential, commercial and industrial uses
developed under single ownership or control are accommodated in a pre -planned
environment with more flexible standards, such as lot sizes and setbacks, than
those restrictions that would normally apply under these regulations. '
A road, street. allev, or bridge that is not laid out or established by the State
of Idaho or a subdivision of the State or dedicated to the State or a subdivision
of the State and accented by such entity or used by the public for a period of not,
less than five (5) years and worked and kept uo by at the expense of the public
during that period of time.
PROFESSIONAL ACTIVITIES The use of office and related spaces for such professional services as are provided
by medical practitioners, lawyers, architects, engineers and similar professions.
PUBLIC SERVICE FACILITY
The erection, construction, alteration, operation or maintenance of buildings,
power plants or substations, water treatment plants or pumping stations, sewage
disposal or pumping plants and other similar public service structures by a public
utility, by a railroad whether publicly owned or privately owned, or by a municipal
or other governmental agency, including the furnishing of electrical, gas, rail
transport, communication, public water and sewage services.
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PUBLIC USES Public perks, schools, administrative and cultural buildings and structures, not
including public land or buildings devoted solely to the storage and maintenance
of equipment and materials and public service facilities.
QUASI -PUBLIC USE Churches, Sunday schools, parochial schools, colleges, hospitals and other
facilities of an educational, religious, charitable, philanthropic or nonprofit
nature.
RESEARCH ACTIVITIES Research, developaent and testing related to such fields as chemical,
pharmaceutical,l medical, electrical, transportation and engineering.
RiGHT OF WAY A strip of land taken or dedicated for use as a public way. In addition to the
roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and
drainage facilities, and may include special features (required by topography or
treatment) such as grade separation, landscaped area, viaducts and bridges.
ROADSIDE STAND
SEAT
SETBACK LINE
SHOPPING CENTER
SIDEWALK
SIGN
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.
For purposes of determining the number of off-street parking spaces for certain
uses the number of seats is the number of seating units installed or indicated on
each twenty-four (24) lineal inches of benches, pews or space for loose chairs.
A line established by this Title, generally parallel with and measured from the
lot line, defining the Limits of a yard in which no building or structure may be
located above ground except as may be provided herein. (Ord. 40, 10-1978, rev.
9-1980)
A group of commercial establishments, planned, developed, owned and/or managed as
a unit related in location, size and type of shops to the trade area the unit
serves. (Ord. 83, 12-14-82)
The portion of the road right-of-way outside the roadway which is improved for
the use of pedestrian traffic.
A. Any device designed to inform or attract the attention of persons not on the
premises on which the sign is located. (Ord. 40, 10-1978, rev. 9-1980)
B. Any identification, description, illustration, symbol, statute or device,
illuminated or nonilluminated, which is visible from any pubic place designed to
advertise, identify or convey information, including any landscaping where letters
or numbers are used for the purpose of directing the public's attention to a
product or location, with the exception of window displays and State or national
flags. (Ord. 83, 12-14-82)
1. Illuminated Sign: Any sign illuminated by electricity, gas or other
artificial light including reflecting or phosphorescent light.
2. Lighting Device Sign: Any tight, string of lights or group of lights located
or arranged so as to cast illumination on sign.
3. Off -Premises Sign: Any sign unrelated to a business or profession conducted,
or to a commodity or service sold or offered, upon the premises where such sign
is located.
4. On -Premises Sign: Any sign related to a business or profession conducted,
or a commodity or service sold or offered, or upon the premises where such sign
is located.
5. Projecting Sign: Any sign which projects from the exterior of a building.
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STOCKYARD,
SLAUGHTERHOUSE
An establishment maintained for the use of slaughtering or maintaining stock or
preparing or processing of Products for human consumption in order to prepare for
pale to outlets.
STORY That pert of a building between the surface of a floor and the ceiling immediately
above it.
STREET
STRUCTURE
A right-of-way which provides vehicular and pedestrian 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, lane, place or other such terms.
Access Street: A minor street which has the primary purpose of providing access
to abutting properties.
Alley: A minor street providing secondary access at the back or side of a property
otherwise abutting a street.
Arterial Street: Provides access from one part of the community to another and
also provides for the movement of vehicles through the community.
Collector Street: Accommodates circulation within and between neighborhoods.
Private Street: A street that is not accepted for public use or maintenance which
provides vehicular and pedestrian access.
Anything constructed or erected, the use of which regJires location on the ground
or attachment to something having a fixed location on the ground. Among other
things, structures include buildings, mobile homes, walls, fences and billboards.
SUPPLY YARDS A commercial establishment storing and offering for sale building supplies, coal,
heavy equipment, feed and grain and similar goods.
TRUCK STOP, SERVICE
STATION
USE
VARIANCE
VETERINARY ANIMAL
HOSPITAL or CLINIC
VICINITY MAP
A filling station or business enterprise using the premises primarily to sell and
supply motor fuel. lubricating oils and greases to on premise trade including large
trucks as well as automobiles, including sale of tires. batteries. accessories end
related services. Major and minor motor vehicle repairs. as well as special
services to operators and drivers of trucks operating on an interstate basis
provided.
The specific purposes for which Land or a building is designated, arranged,
intended or for which it is or may be occupied or maintained.
A modification of the requirements of this Title as to lot size, Lot coverage,
width, depth, front yard, side yard, rear yard, setbacks, parking space, height
of buildings or other provision of this Title 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 that the variance is not in conflict with the public interest.
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.
A drawing which sets forth by dimensions or other means the relationship of the
proposed developments to other nearby developments or landmarks and community
facilities and services within the general area in order to better locate and
orient the area in question. (Ord. 40, 10-1978, rev. 9-1980)
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WALL A continuous structure designed to enclose an area, to be the surrounding exterior
of a building. (Ord. 83, 12-14-82)
WALKWAY A public way, four feet (4') or more in width, for pedestrian use only, whether
or not along the side of a road.
WRECKING YARD Any premises, excluding fully enclosed buildings. where more than two (2) motor
vehicles not in operating condition are standing more than thirty (30) days, or
where used motor vehicles or parts thereof are dismantled or stored.
YARD
ZONING PERMIT
A required open space, other than a court, unoccupied and unobstructed by any
structure or portion of a structure from three feet (3') above the general ground
level' of the graded tot upward; provided, accessories, ornaments and furniture may
be permitted in any year, subject to height limitations and requirements limiting
obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a
lot and from the front tot line to the front of the principal building.
Interior Side Yard: A yard extending from the principal building to the side lot
line on both sides of the principal building between the tines establishing the
front and rear yards.
Rear Yard: A yard extending between side lot lines across the rear of a lot and
from the rear lot line to the rear of principal building.
Street Side Yard: A yard extending from the principal building to the secondary
street that adjoins the lot between the lines establishing the front and rear
years.
A document issued by the Administrator authorizing the uses of land and structures,
and the characteristics of the uses.
Section 2: Section 8-2-1, Eagle City Code, is hereby amended to read as follows:
8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS: The following zoning districts are hereby
established. For the interpretation of this Title the zoning districts have been formulated to realize
the general purposes as set forth in this Title. In addition, the specific purpose of each zoning
district shall be as follows:
A AGRICULTURAL DISTRICT:
Thi I;tnriat also 13 C3tabliska d
To maximize opportunities for agricultural activities by
preserving land for the purposes of cultivating the soil and raising livestock. Minimum tot size is twenty
(20) contiguous acres. all of which must be under single ownership to ensure protection of irrigation and
surface water drainage systems.
A -R AGRICULTURAL -RESIDENTIAL DISTRICT: To provide for the transition of agricultural land no longer used
for extensive agricultural purposes into residential areas, while preserving agricultural uses compatible with
residential development. Gross density will not exceed one single family dwelling unit per five (5) acres.
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods.
Density in an R District shall be determined according to the numeral following the R. The numeral designates
the maximum number of dwelling units per acre. Centralized water and sewer facilities are required in all
districts exceeding one dwelling unit per acre (R-1).
L-0 LIMITED OFFICE DISTRICT: To permit the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic and similar uses. Research shall not involve heavy testing
operations of any kind.
. The L-0 District is also designed to act
as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a
transitional use.
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BUSINESS DISTRICTS
C -A COMMERCiAL-AIRPORT: To permit the establishment of a commercial airport which is compatible with
Property uses in other Eagle area districts.
C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience business uses which tend
to meet the daily needs of the residents of an immediate neighborhood.
Such
districts are typically appropriate for small shopping clusters or intearated shopping centers located within
residential neighborhoods.
C-2 AREA GENERAL BUSINESS DISTRICT: To permit the establishment of . _ N.
areas for commercial uses
allowed in other commercial zones and commercial uses which are more intensive than those permitted in other
commercial zones, such as large equipment sales. as well as light manufacturing in conjunction with retail
sales.
C-3 t flVV-I.6E HIGHWAY BUSINESS DISTRICT:
travel related services end
to service the motoring public - -
h- ghweys on major streets.
CBD
core business area of the community.
other related uses are encouraged_ '
The greatest possible concentration of retail
To permit the establishment of areas for
retail sates. This District is specifically designed in clusters
CENTRAL BUSINESS DISTRICT: To accomodate and en:ou-age fu-ther expansion and renewal in the historical
A variety of business, public, quasi -public, cultural, residential and
MANUFACTURING DISTRICTS
sates and business will occur in this district.
M-1 LIGHT MANUFACTURING DISTRICT: To encourage the development of manufacturing and wholesale business
establishments which are clean, quite and free of hazardous or objectionable elements such as noise, odor,
dust, smoke or glare that is operated entirely within enclosed structures and generate little industrial
traffic. Research activities are encouraged. This District is further designed to act as a transitional use
between heavy manufacturing uses and other less intense business and residential uses. (Ord. 40, 10-1978, rev.
9-1980)
M -1A LIGHT MANUFACTURING DISTRICT - PLANNED UNIT DEVELOPMENT: All the provisions set forth in the above
paragraph for M-1 Light Manufacturing District, shall apply to this zoning designation with the further
provision that development occur under the PIA process in accordance with Chapter 6 of this Title. (Ord. 70,
5-12-81)
M-2 HEAVY MANUFACTURING DISTRICT: To encourage the development of major manufacturing, processing,
warehousing and major research and testing operations. These activities
shall include certain uses excluded from the M-1 District for
reasons of health, safety or general welfare.
M-3 EXTRACTIVE MANUFACTURING DISTRICT: To provide land for the mining, processing and storage of mineral
resources. This District is designed to assure that these resources be properly managed and all land be
reclaimed so as not to create a hazard or nuisance which either immediately or in the future adversely affects
the health, safety or welfare of the community.
DR DESIGN REVIEW OVERLAY DISTRICT: To guide the general appearance of building and improvements to
achieve the objectives of the Comprehensive Plan or other development plans as adopted by the Council. The
DR District is superimposed over other districts.
Section 3: Section 8-2-3, Eagle City Code, is hereby amended to read as follows:
8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS: District regulations shall be as set forth in the Official
Schedule of District Regulations and in the performance standards of Chapter 3 of this Title. The
Official Schedule of District Regulations is divided into four (4) land use groups: agricultural,
residential, commercial and industrial. To determine in which district a specific use is allows:
A. Find the use in one of the groups;
B. Read across the chart until either "P" or "C" appears in one of the columns; and
C. If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the issuance
of a conditional use permit.
The Administrator shall interpret the appropriate district for land uses not specifically mentioned by
determining the district in which similar uses are permitted. When several combined land uses exist, or are
proposed, the most intensive land use shall be considered as the primary activity.
(See following page for table)
Section 4: This Ordinance shall take effect and be in force from and after its passage, approval,
and publication.
DATED this � day o ,., 'I�, - 1990.
ATTEST:
City Cler
1. See Chapter 2, Article k c this T tl
- 12 -
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
("P" - Permitted Uses / "C" - Conditional Uses)
Land Ucc Districts
A A -R R L-0 C -A C-1 C-2 C-3 CBD M-1 M-2 M-3
AGRICULTURAL
Agricultural and forest uses; general P
Dairy Farm _C
Feed lot or stockyard C e e e e C
Roadside stand (permanent structure) PC C C PC PC
Turf farm
Vinvard
RESIDENTIAL
Apartment house C C C C C
R.....L., ,-Boarding or lodainq house C C CCCC
F-uL..1.-sore ' fie; antr ry e e e
Home occupation PPPP P
Mobile home (sinale unit) C C C
Mobile hcane court C C C C
Mobile home park C C C P P
Multi -family dwelling P C C C
Planned unit development C C CCCCCC
Single-family dwelling PPPC C
Two-family dwelling CCPC C
OJNI ERCIAL
Airport
eleer--easy e e e e
Auction facility C CCCCPP
Automotive body shop P P P P
Automotive dealership CPPPPPP
Automotive aas station/convenience C C CPPP
store - - - - -
Automotive aas station/service shop CPPPP
, ► e P P P P P
rental
Automotive washina facility CPPPPP
1 store e P P P P P
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Land U Districts
A A -R R L -O C -A C-1 C-2 C-3 CBD M-1 M-2 M-3
Cammercial (cont.)
Shopping mall CCCC
Sign shop/ including painting PPPPP
Small engine repair (mower. chainsaws, etc.) C P P
Stable (riding and training) C C
Storage (fenced in areal C C QC
Storage (enclosed building) P PPPPP
Television station C PPPP
Tire shop, including recapping P P P P
Trailer, mobile home, farm implementation
sales yard C P P P
Truck stop C C C C
Upholstery shop PPPPP
Vet clinic (animal hospital) C CPPCPP
Welding. tool shop C _P _P _P
Woodworking shoo 2 2 2 2 2
INDUSTRIAL
Asphalt plant
Beverage bottling plant
Billboard manufacture
Cement or clay products manufacturing
Chemical storage or manufacturing
Concrete batch plant
Dairy products' processing
Food processing plant
Fuel yard
Grain storage
Ice manufacture, cold storage plant
Junk yard
Lumber yard, retail
Machine shop
Manufacturing, furniture
Ade -pa }-p
Mobile home manufacturing
Monument works, stone
C
P P
C P
C P
P P
C C
P P
P P P
P P P
P P
C P
P P
C P
C P
P P
P P P P
C C C C PP
P P
C P
C P
Land Upos Districts
A PAR R L-0 C -A C-1 C-2 C-3 CBD M7-1 M-2 M-3
Industrial (cont.)
Petroleum storage C P P
Planing mill P
14 ...:,,h
Public utility yard C P P
Railroad yard or shop C P P
Recycling operation C
Rendering plant e C
Sand or gravel yard C P
Sanitary landfill C C P
Slaughter house; meat packing plant C
Terminal yard, trucking C P P
Truck & equipment C C P
repair & sales (heavy)
Warehousing, wholesaling C P P
Wood processing plant C P
Wrecking yard or salvage e Pc
SUMMARY OF
ORDINANCE NO. 159
AN ORDINANCE RELATING TO ZONING AMENDING SECTION 8-1-2, EAGLE CITY
CODE, TO CHANGE EXISTING AND INCLUDE NEW DEFINITIONS OF CERTAIN
USES; AMENDING SECTION 8-2-1, EAGLE CITY CODE, TO CHANGE EXISTING
AND INCLUDE NEW DEFINITIONS OF CERTAIN DISTRICTS; AMENDING SECTION
8-2-3, TO CHANGE EXISTING AND INCLUDE NEW USES ALLOWED,
CONDITIONALLY ALLOWED, AND PROHIBITED, IN CERTAIN DISTRICTS; AND
PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 159 of
the City of Eagle, adopted by the Eagle City Council on January 9,
1990, is as follows:
Section 1: Amends Section 8-1-2, Eagle City Code, to define
the words and terms "airport, apartment, boarding house, child care
facility, dairy farm, farm, hospital, junkyard, private road,
stockyard, and wrecking yard" and to delete existing definitions
inconsistent therewith.
Section 2: Amends Section 8-2-1, Eagle City Code, to redefine
the purposes of agricultural (A), limited office (L-0),
neighborhood business (C-1), general business (C-2), highway
business (C-3), central business (CBD), and heavy manufacturing
(M-2) districts, and to define the purpose of agricultural -
residential (A -R) and commercial -airport (C -A) districts.
Section 3: Amends Section 8-2-3, Eagle City Code, to alter
the Official Schedule of District Regulations by including
additional uses and specifying the districts in which they are
allowed, conditionally allowed, or prohibited, and by changing the
districts in which some existing uses are allowed, conditionally
allowed, or prohibited, as set forth in Exhibit "A," a copy of
which is attached hereto and by this reference included herein.
The full text of Ordinance No. 159 is available at City Hall
and will be provided to any citizen for inspection, upon personal
request, during normal office hours.
DATED this 23rd day of January, 1990.
CITY OF EAGLE
40Y08A&ie
c riJ
Cd
--
Page 1
City lerk
0
9Iayor
O
h n
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the
City of Eagle, Idaho, hereby certify that I have read the attached
summary of Ordinance No. 159 of the City of Eagle and that the same
is true and complete and provides adequate notice to the public of
the contents of said Ordinance.
DATED this 23rd day of January, 1990.
Page 2
City orney
County of Ada
§
State of Idaho §
SS.
PROOF OF PUBLICAQON
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said news-
paper once each and every week for / . ;,11J:. Ut: v
wee158,, the first publication being on the ?rte day of
19 9" , and the last publication being on
the day of , 19! v .
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication of the attached notice.
Principal Clerk
Subscribed and sworn to before me this /-' day of
Notary Public
Residence: �J .-.Q
My commission expires: 677_3
(SEAL)
SUMMARY OF
ORDINANCE NO. 159
AN ORDINANCE RELATING TO
ZONING AMENDING SECFION 8-1-2,
EAGLE CITY CODE, TO CHANGE
EXISTING AND INCLUDE NEW
DEFINITIONS OF CERTAIN USES;
AMENDING SECTION 8-2-1, EAGLE
CITY CODE, TO CHANGE EXISTING
AND INCLUDE NEW DEFINITIONS
OF CERTAIN DISTRICTS; AMEND-
ING SECTION 8-2-3, TO CHANGE
EXISTING AND INCLUDE NEW
USES ALLOWED, wiuuiiitA4ALLY
ALLOWED. AND PROHIBITED, IN
CERTAIN DISTRICTS; AND PROVID-
ING ANiEFFECTIVE DATE
A summary of the principal provisions
of Ordinance No. 159 of the (Sty of Eagle,
adopted by the Eagle (Sty Council on
January 9, 1990, is as follows:
Section 1: Amends Section 8-1-2,
Eagle City Code, to define the words and
terms "airport, apartment, boarding
house, child care facility, dairy farm,
farm, hospital, junkyard, private road,
stockyard, and wrecking yard" and to
delete existing definitions inconsistent
therewith.
,Section 2: Amends Section 8-2-1,
Eagle (Sty Code, to redefine the purposes
of agricultural (A), limited office (L -O),
neighborhood business (C-1), general
business (C-2), highway business (C-3).
central business (CBD), and heavy manu-
facturing (M-2)districts, and to define the
purpose of agricultural -residential (A -R)
and commis/dal-airport (C -A) districts.
Semite 3; Amends Section 8-2-3.
Eagle City Code. to alter the Official
Schedule of District Regulations by in-
duding additional uses and specifying the
districts in which they are allowed, condi-
tionally allowed, or prohibited, and by
diangiog the districts in which some ex-
isting uses are allowed, conditionally al-
lowed. or prohibited, as set forth in Ex-
hibi "A".
The full text of Ordinance No. 159 is
available at City Hall and will be provided
to any citizen for inspec(on, upon per-
sonal request, during normal office hours.
DATED this 23rd day of January.
1990.
CITY OF EAGLE
By /s/ Steve Guerber
Mayor
ATTEST:
Barbara Montgomery
City Clerk
CERTIFICATION OF CITY
ATTORNEY
I, the undersigned City Attorney for
and legal advisor to the City of Eagle,
Idaho, hereby certify that I have read the
attached summary of Ordinance No. 159
of the City of Eagle ark that the same is
true and complete and provides adequate
notice to the public of the contents of said
Ordinance.
DATED this 23rd day of January,
1990.
/s/ Mona Dobaran Mack
County of Ada
ss.
State of Idaho §
PROOF OF PUBLICATION
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said news-
paper once each and every week for / censeeutrve
week; the first publication being on the u day of
,19 4, , and the last publication being on
the 2o fir-- day of , 19 M' .
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication of the attached notice.
Principal Clerk
Subscribed and sworn to before me this 2i-/ day of
, 19,7 .
C2 — 12 -,..JM
Notary Public
Residence:i 1 NSR,/ J CT
My commission expires: • % 9` 5
(SEAL)
ri/kc,,A,61L
LEGAL NOTICE OF PUBLIC
HEARING
QTY OF EAGLE, IDAHO
NOTICE IS HEREBY GIVEN that the
Eagle Qty Council will hold a public
hearing on January 9, 1990 at 730 pm. at
the Eagle aty HaIL
THE PURPOSE OF THE HEARING IS
TO CONSIDER: Amendments to Tale 8,
Zoning, Chapter 1, Zoning It .
and Definitions and Chapter 2, Zoning
Districts.
APPLICATION BY: City of Eagle.
A specific legal description is obtainable,
and on file, in the office of the City Clerk.
/s/ Barbara Montgomery
BARBARA MONTGOMERY
Qty Cleric
PUBLISH: Dec. 20, 1989m
County of Ada
ss.
State of Idaho §
PROOF OF PUBLICATION
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said news-
paper once each and every week for / censesutive-
weeky, the first publication being on the / S - day of
,19 / , and the last publication being on
the is- day of /1/ , 19 ds .
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication of the attached notice.
Principal Clerk
Subscribed and sworn to before me this /6 day of
, 19 2y
Notary Public
Residence: r
My commission expires: / % '
(SEAL)
LEGAL NOTICE OF PUBLIC
HEARING
CITY OF EAGLE, IDAHO
NOTICE ISI HEREBY GIVEN that the
Eagle Planning and Zoning will hold a
public hearing on December 4, 1989 at
730 p.m. -at the Eagle City Hal.
THE PURPOSE OF THE HEARING IS
TO CONSIDER: Amendments to Title 8,
Zoning, Chapter 1, Zoning Interpretation
and Definitions and Chapter 2, Zoning
Districts.
APPLICATION BY: City of Eagle.
A specific legal description is obtainable,
and on file, in the office of the City Clerk.
/s/ Barbara Montgomery
BARBARA MONTGOMERY
City Cleik
PUBLISH: Nov. 15,1989m