Ordinance - 2019 - 809 - Amend Zoning Ordinance - 04/09/2019ORDINANCE NO. 809
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE
8, CHAPTER 3, SECTION 3, PARAGRAPH E, SECTION 5, PARAGRAPH A, CHAPTER 2,
SECTION 3, CHAPTER 2A, SECITON 1, CHAPTER 7, SECTION 8, PARAGRAPH B,
SECTION 9, PARAGRAPH B, CHAPTER 11, SECTION 6; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Eagle City Zoning Code; and
WHEREAS, the proposed changes to the zoning ordinance are in accordance with the City of
Eagle Comprehensive Plan;.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 8, Chapter 3, Section 3, Paragraph E, be and is hereby amended, to read as
follows with strike -through text to be deleted:
E. Ecce ight Regulatien�: T.eheight limitations contained in :rection 8 2 4of th s title
do not apply to spit , , , a,, \voter tanks, ventilatersehisneyc Or oto
.::..� - .. - - - - • - = = - = - - - roof leve, an not intendea for human
occupancy, the height of such ctructures will constitute a ha :urd to the -safe -landing
and takeoff of aircraft at an a tab1ished airport.
Section 2: That Title 8, Chapter 3, Section 5, Paragraph A, be and is hereby amended, to read as
follows with underline text to be added:
A. Accessory Building:
1. Will not be located in any required front or street side yard area;
2. Accessory buildings less than two hundred (200) square feet in area with a wall height of no
more than seven feet (7') and a maximum height of no more than nine feet (9') are permitted in any
rear or interior side yard area; and
3. Accessory buildings two hundred (200) square feet in area or larger shall comply with the
minimum setbacks as required in section 8-2-4 of this title and shall be limited to a maximum
height of twenty:five feet (25'). Accessory buildings located within the A, A -R, and R -E zoning
districts shall be permitted a maximum height of thirty-five feet (35').
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K:ICOUNCD.1Ordinances\Ord 809 Title 8 changcs.docx
Section 3: That Title 8, Chapter 2, Section 3, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
LAND USES
COMMERCIAL:
DISTRICTS
A A -R 1 R -E R L -O C -A C-1 C-2 C-3 1 CBD M-1 BP M-2 M-3 PS 1 MU
Beauty/barber shop C— C— C— P P P P P P
Personal wireless
facilities (height - over
36 50') CCCCCCCCCCCCCCCC
Personal wireless
facilities (heiaht 36' CCCCCCCCCCCCCCPCC
Section 4: That Title 8, Chapter 2A, Section 1, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
This article applies to all proposed development located within the Design Review Overlay
District which shall include the entire City limits, and any land annexed into the City after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi -family residential projects, signs, common areas,
subdivision signage, proposed conversions, proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior restoration,
and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a
design review application pursuant to this article and fee as prescribed from time to time by the
City Council.
Within the A, A -R, R -E, and R zoning districts, unless required as part of the PUD, Tthe
following are specifically excluded from the requirements of the Design Review Overlay
District: development of an individual single-family detached dwelling on a single parcel, an
individual duplex (2 dwelling units), and an individual townhome consisting of a maximum of
two (2) dwelling units.
Section 5: That Title 8, Chapter 7, Section 8, Paragraph B, be and is hereby amended, to read as
follows with underline text to be added:
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for comprehensive
plan amendments, variances, conditional uses, zoning ordinance map amendments, and
subdivisions. A neighborhood meeting shall not be required for Citv initiated applications.
Section 6: That Title 8, Chapter 7, Section 9, Paragraph B, be and is hereby amended, to read as
follows with underline text to be added and strike -through text to be deleted:
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K:\COUNCIL\Ordinances\Ord 809 Title 8 changes.docx
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 misdemeanor; and be punishable as provided in section 1-4-1 of this
code. 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.
Section 7: That Title 8, Chapter 11, Section 6, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
The city shall may establish a revoking restricted fund to be designated for building restoration
and demolition pursuant to this chapter. Payments shall may be made out of this fund upon the
direction of the city council to defray the costs and expenses associated with restoration or
demolition of said building.
Section 8: The provisions of this ordinance are hereby declared to be severable and if any provision
of this act or the application of such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of remaining portions of this ordinance.
Section 9: This ordinance shall take effect and be in force from and after its passage, approval, and
publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in
compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this 1 day of Ti
CITY OF EAGLE
Ada County, Idaho
S AN ' .J EWAY
MAYOR
ATTEST:
`gHARON K. BERGMANN
CITY CLERK
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K \COUNCIL\Ordinances\Ord 809 Tnle 8 changes ducx
, 2019.
Account #
263905
Ad Number
0004175139
Attention: Tracy E. Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
Idaho Statesman
Keeping you connected I IdahoStatesman.com
AFFIDAVIT OF PUBLICATION
Identification
.v,out4T PAM*
,rr.OtJ�
STEFANI SCOTT BEARD
My Notary ID # 1317E8951
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PO
Ordinance 809
RECEIVED & FILED
CITY OF EAGLE
ANk 3 0 2019
File:
Route tri'
AmountI Cols I Denth I
5256 00
3 10.00 In
VICTORIA RODELA, being duly sworn,
deposes and says' That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise. Ada County,
State of Idaho. and having a
general circulation therein. and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice. a copy of which is attached
hereto that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for
1 Insertions
Beginning issue of 04/16/2019
Ending issue of 04/16/2019
) l.CciG -
(Legals Clerk)
On this 17th day of April in the year of
2019 before me a Notary Public,
personally appeared before me
Victoria Rodela known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn.
declared that the statements therein
are true, and acknowledged to me
that she executed the same.
Notary Pub l n and for the state of
Texas residing in Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
•
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ORDINANCE NO.809
AN ORDINANCE OF THE CiTY OF EAGLE ADA COUNTY IDAHO, AMENDING TT1T.E 8, CHAPTER 3, SECTION 3, PARAGRAPH E,
SECTION 5. PARAGRAi'I I A. CiIAFTER 2, SECTION 3, C'11APTER 2A, SECITON i, CI IAPTER 7, SECTION 8, PARAGRAPI I H, SECTION 9.
PARAGRAPH 8, CHAFFER 11, SECTION 6; PROVIDING A SEVERABILITY ('[.MISE; AND PROVIDLNG AN EFFECTIVE DATE.
WHEREAS. thc City of Faglc. Idaho is a municipal corporation organized and operating undcr thc laws of thc Statc of Idaho; and
WHEREAS, pursuant to Chaptcr 65, Titic 67. Idaho Codc, thc City of F.agle has thc authority m adopt, cstahlish and amcnd a Zoning Ordinance; and
WHEREAS. thc Mayor and Council have determined that good cause exists for amending the Faglc City Zoning Code: and
WHEREAS, the proposed changes to the zoning ordinance arc in accordance with thc City of Eagle Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CiTY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho,
Section L: That Title 8, Chapter 3. Scction 3, Paragraph E. he and is hereby amcndcd, to read as follows with strike -through text to bc dcletel:
T.: 11.44 R -r r' :: ,:. '1:- 1:_.,l,t 1` t, : ..7«:.... ... : Ii J-.....,
,Scction 2- That TitIc 8, Chapter 3, Section 5, Paragraph A. hc and is hereby amcnde d, to rcad as follows with undcrlinc text to hc added'
A. Acccssory Building:
1. Will not he located in any required front or street side yard arca;
2. Acccssory buildings Icss than two hundred (200) square lest in arca with a wall height of no morc than scvcn feet (7') and a maximum hcight
of no marc than nine feel (9') arc permitted in any rear or interior side yard arca, and
1 Acccssory buildings two hundred (200) squat fcct in arca or larger shall comply with the minimum setbacks as rcquircd in section 5-2-4
of this title and shall be limited to a maximum hcight of twenty_livc fcct (25'). Acccssory buildings located within thc A. A -R. and RE zoning
districts shall bc perrnntcd a maximum hcight of thirty-five feet (35').
Section 3' That TitIc 8. Chaptcr 2. Section 3. he and is hcrchy amended, to rcad as follows with underline text to he addcd and strike -through
text to be dclacd:
LAND USES
COMMERCIAL:
Beauty/barber shop
Personal wireless
facilities (height -
ovcr 35 $Q•)
Personal wirelc
facilities (height
361' — 50') C_C_C_ C_ S_ C_ C_ C_c. C_E C
DiSTRICTS
A]_A-R1R-E ! R! L -O 1 C -A 1 C -I [C-2 1 C-3 1 CBD 1 M-1 I BP 1 M-2 1 M-3 1 PS 1 MU
e- F e P PPP P P
CCCCC CC C C C CCCCCC
Section 4. That Titic 8, Chapter 2A, Section I, he and is hcrchy amcndcd. to rcad as follows with undcrlinc text to he added and strikc-through
text to he deleted
This article applies to all proposcd dcvclopmcnt located within thc Dcsign Rcvicw Ovcrlay District which shall include the cntirc City limits,
and any land annexed into thc City after thc date of adoption hereof. Such dcvclopmcnt includes, hut is not Limited to. new commercial,
industrial, institutional, ofiicc, multi -family residential projects, signs, common areas, subdivision signagc. proposed conversions, proposed
changes in land use and/or huilding use. cttcrior remodeling or repainting with a color different than what is cxisting. exterior restoration, and
enlargement or expansion of cxisting buildings, signs or sites, and rcquires thc submittal of a design rcvicw application pursuant to this article
and fcc as prescnbcd from time to time by thc City Council.
Within the A. A -R. R -E. and R zoning districts. unless required as part of the PI?D. Tthc following are specifically excluded from thc
requirements of thc Dcsign Rcvicw Overlay District: dcvclopmcnt of an individual singlc-family dctachcd dwelling on a singlc parccl,
an individual duplex (2 dwelling units), and an individual tnwnhomc consisting of a maximum of two (2) dwelling units.
Section 5: That Title 8, Chaptcr 7, Section 8, Paragraph H. he and is hereby amended. to rcad as follows with undcrlinc tcxt to be addcd
B. Ncighhurhood Meetings Applicants shall conduct a ncighhorhoad meeting for comprehensive plan amendments, variances, conditional uses,
coning ordinancc map amendments, and suhdivisions. A neighborhood mccutg shall not bc required for City initiated applications.
Section (:• That Title 8. Chaptcr 7, Section 9. Paragraph B. hc and is hcrchy amcndcd, to rcad as follows with undcrlinc text to be addcd and
strike -through tett to be deleted:
B. Pcnaltics: Thc city attorncy shall, in addition to taking whatever criminal action dccnicsl necessary, lake steps to civilly enjoin any violation of
this title. Penaltics for failurc to comply with or violations of thc provisions of this title shall bc as follows
Violanon of any of the provisions of this talc or failure to comply with any of its requirements shall ctmsutule an irtisdetncanut and
he punishable as provided in section 1-4.1 of this code. Thc landowner. tenant suhdtvidcr. huildcr, pudic official or any other person who
commits, panicipatcs in, assists in or maintains such violation may be found guilty o(a separate offense. Nothing hcrcin contained shall prevent
thc council or any other public official or privatc citizen (ram taking such lawful action as is necessary to restrain or prcvent any violation of this
title or of the Idaho Calc.
Section 7: That Title 8, Chaptcr 11, Scction 6, he and is hcrchy amcndcd. to rcad as follows with undcrlinc text to be addcd and strikc-through
text to he Meted:
Thc city shall may establish a remising restricted fund to bc designated for huilding restoration and demolition pursuant to this chapter.
Paymcnts slra!f i y be madc out of this fund upon thc direction of thc city council to defray thc costs and expenses associatcd with restoration
or demolition of said huilding.
Scction 8: Thc provisions of this ordinancc arc hcrchy declared to be severable and if any provision of this act or thc application 01 such
provision to any person or circumstance is declared invalid for any reason. such declaration shall not affect thc validity of remaining portions
of this ordinancc.
Scction 9, This ordinancc shall take effect and bc in force from and after its passage. approval, and publication as rcquircd by law. In lieu of
puhlication of the cntirc ordinancc. a summary thereof in compliance with Scction 50-901A. Idaho Code, may he published.
Approval and adopted this _day of
CITY OF EAGLE
Ada County, Idaho
STAN RiDGEWAY
MAYOR
ATTEST:
SHARON K. BERGMANN
CiTY CLERK
2019.