Eagle City Zoning Code

CHAPTER 2

ZONING DISTRICTS AND MAP

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: To maximize opportunities for agricultural activities by preserving land for the purposes of cultivating the soil and raising livestock. Minimum lot size of 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 shall not exceed one single-family dwelling unit per five (5) acres.

R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single-family dwelling unit per two (2) acres.

R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross 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. Multi-family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all zoning districts except the city council may permit the use of individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a determination that the public health, safety, and welfare will not be negatively impacted. Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. When a property is being proposed for rezone to the R zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process.

L-O LIMITED OFFICE DISTRICT: To permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, limited commercial and similar uses. Development shall not be traffic intensive and research facilities shall not involve heavy testing operations of any kind. The L-O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use.

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 while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods.

C-2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones. Uses that complement rather than compete with the uses allowed within the CBD zoning district shall be encouraged.

C-3 HIGHWAY BUSINESS DISTRICT: To permit the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. This district is specifically designed in clusters to service the motoring public on major streets. Uses that compete with the uses allowed within the CBD zoning district shall be discouraged.

CBD CENTRAL BUSINESS DISTRICT: To accommodate and encourage further expansion and renewal in the historical core business area of the community. A variety of business, public, quasi- public, cultural, residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this district. Pedestrian friendly uses and developments are encouraged.

M-1 LIGHT INDUSTRIAL DISTRICT: To encourage the development of manufacturing and wholesale business establishments which shall be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare, are operated entirely within enclosed structures and generate little industrial traffic. Research activities are encouraged and limited office and commercial uses may be permitted as ancillary uses. This district is further designed to act as a transitional use between heavy manufacturing uses and other less intense businesses.

BP BUSINESS PARK DISTRICT: To encourage the development of technical park/research and development facilities, offices and office complexes, and limited manufacturing activities including small scale production, distribution and storage of goods. Support activities may also be permitted. All development within this district shall be designed to be within a landscaped setting, and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. Such development shall be operated entirely within enclosed structures, and generate minimal industrial traffic. All development requiring a conditional use permit in the BP zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the BP zoning district within section 8-2-3 of this chapter.

M-2 HEAVY INDUSTRIAL DISTRICT: To encourage the development of major manufacturing, processing, warehousing and major research and testing operations. Limited office and commercial uses may be permitted as ancillary uses. These activities shall include certain uses excluded from the M-1 district for reasons of health, safety or general welfare. All development within this land use shall be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare.

M-3 EXTRACTIVE INDUSTRIAL 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 general welfare of the community.

PS PUBLIC/SEMIPUBLIC: To provide for public/semipublic development such as golf courses, parks, recreation facilities, greenways, schools, and public service facilities such as government offices. (Ord. 566, 5-15-2007)

MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. (Ord. 673, 11-27-2012)

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. This district is superimposed over all other districts within the entire city limits.

P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development.

DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. (Ord. 566, 5-15-2007; amd. Ord. 673, 11-27-2012; Ord. 826, 7-28-2020; Ord. 868, 8-8-2022)

8-2-2: OFFICIAL ZONING MAP; INCORPORATION BY REFERENCE:

A. Map Adopted: The districts established in section 8-2-1 of this chapter and shown on the official zoning map, as now existing or as may hereafter be amended, together with all explanatory material thereon, are hereby incorporated into this title as if set forth in full within this title.

B. Boundaries Of Districts: Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following shall apply:

1. Where district boundaries are indicated as approximately following the centerline of street lines, highway right of way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary;

2. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;

3. Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right of way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map; and

4. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. (Ord. 298, 10-14-1997)

8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:

District regulations shall be as set forth in the official schedule of district regulations, in the performance standards in chapter 3 of this title, and as otherwise provided within this code. The official schedule of district regulations is divided into five (5) land use groups: agricultural, residential, commercial, industrial, and public/semipublic. To determine in which district a specific use is allowed:

A. Find the use in one of the land use 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 and/or a development agreement upon rezone to an MU or BP zoning designation; if no letter appears the use is prohibited.

If a proposed use is not specifically listed in the chart below then the use is prohibited. When several combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary activity.

OFFICIAL SCHEDULE OF DISTRICT REGULATIONS

(P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use)

Land Uses

Districts

A-R

R-E

L-O

C-A

C-1

C-2

C-3

CBD

M-1

M-2

M-3

Agricultural:

Agricultural and forest

Dairy farm

Farm

Farmers' markets (outdoor)

Feedlot and stockyard

Horticulture (general)

Horticulture (limited)

Roadside stand (temporary structure)

Turf and/or tree farm

Vineyard

Residential:

Accessory dwelling unit

Boarding or lodging house or dormitory

Home occupation, Class A and B

Home occupation, Class C

Mobile home (single unit) (primary residence)

Mobile home (single unit) (temporary living quarters)

Mobile home court (RV)

Mobile home park

Multi-family dwelling

Planned unit development

Single-family attached dwelling

Single-family dwelling (existing)

Single-family dwelling (new)

Two-family dwelling

Commercial:

Adult business

Airport

Ambulance services

Animal shows or sales

Artist studios

Arts and crafts shows

Auction facility

Automotive body shop

Automotive emission testing facility

Automotive gas station or fuel islands

Automotive gas station/service shop

Automotive, mobile home, travel trailer, and/or farm implement sales

Automotive parts and accessories sales

Automotive repair

Automotive storage

Automotive vehicle vinyl wrap shop

Automotive washing facility

Bakery plant (wholesale)

Banks/financial institutions (no drive-up service)

Banks/financial institutions (with drive-up service)

Bar

Bar, wine/tasting room

Beauty/barber shop

Bed and breakfast facility

Building supply outlet

Cabinet shop

Catering service

Cemetery

Childcare:

Daycare center

Family

Group

Christmas tree sales

Church

Circuses and carnivals

Club or lodge

Coffee roasting facility

Commercial entertainment facilities (indoor)

Commercial entertainment facilities (outdoor)

Communication facilities

Contractor's yard and/or shop

Convenience store with fuel service

Convenience store with no fuel service

Detention facilities

Drive-in theater

Drugstore

Electronic sales, service, or repair shop

Emergency healthcare

Emergency services

Equipment rental and sales yard

Flex space

Food and beverage sales

Hardware store

Health clubs, spas, weight reduction salons

Heliports

Hospital

Hotel

Institution

Kennel

Laboratories

Laundromat

Laundry (with drive-up service)

Laundry (with no drive-up service)

Live entertainment events

Live entertainment events, city sponsored

Microbrewery

Mobile office

Mortuary

Motel

Nonprofit rehabilitation center

Nursery, plant materials

Nursing/convalescent home

Office, business and professional

Office, medical and dental

Parking lot, parking garage

Parking lot, parking garage, commercial

Pawnshops (auto)

Pawnshops (general)

Personal improvement

Personal services

Personal wireless facilities (enclosed building, height - 35' or less)

Personal wireless facilities (enclosed building, height - over 35')

Personal wireless facilities (height - 35' or less)

Personal wireless facilities (height - 36' - 50')

Personal wireless facilities (height - over 50')

Photographic studio

Printing and/or blueprinting

Professional activities

Restaurant (drive-in)

Restaurant (no drive-through)

Restaurant (with drive-through)

Retail sales (general)

Retail sales (limited)

Retail sales (pharmacies and medical)

Riding academies/stables

Shopping center

Shopping mall

Sign shop, including painting

Small engine repair (mower, chain saws, etc.)

Storage (enclosed building)

Storage (fenced area)

Street fair

Subdivision sales office

Tattoo parlors and body piercing establishments

Tire shop, including recapping

Trade fair

Travel services

Truck stop

Upholstery shop

Vet clinic (animal hospital)

Welding, tool shop

Winery

Woodworking shop

Industrial:

Asphalt plant

Automotive wrecking yard or salvage

Beverage bottling plant

Billboard manufacture

Cement or clay products manufacturing

Chemical storage and manufacturing

Concrete batch plant

Dairy products processing

Food processing plant

Fuel yard

Grain storage

Ice manufacture, cold storage

Industry:

Custom

Limited

Research and development

Junkyard

Lumberyard, retail

Machine shop

Manufacturing, furniture

Mobile home manufacturing

Monument works, stone

Oil and gas extraction

Oil and gas post-extraction

Petroleum storage

Planing mill

Public utility yard

Railroad yard or shop

Recycling operation

Rendering plant

Research activities

Sand or gravel yard

Sanitary landfill

Stockyard, slaughterhouse; meatpacking

Terminal yard, trucking

Truck and equipment repair and sales (heavy)

Warehousing, wholesaling plant

Wood processing plant

Public/semipublic:

Golf course and related services

Government building, offices

Library

Museum

Park and recreation facilities

Parking lot, parking garage, government

Portable classroom

Public service facilities

School, public or private

(Ord. 699, 5-28-2013; amd. Ord. 672, 12-10-2013; Ord. 720, 6-24-2014; Ord. 733, 6-23-2015; Ord. 756, 8-23-2016; Ord. 792, 6-26-2018; Ord. 809, 4-9-2019; Ord. 820, 12-10-2019; Ord. 824, 3-10-2020; Ord. 826, 7-28-2020; Ord. 827, 10-22-2020; Ord. 858, 10-26-2021; Ord. 868, 8-8-2022)

8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:

OFFICIAL HEIGHT AND AREA REGULATIONS

Zoning District	Maximum Height	Minimum Yard Setbacks Note Conditions A To E*				Maximum Lot Covered F And J*	Minimum Lot Area (Acres Or Square Feet) H*	Minimum Lot Width I*
Zoning District	Maximum Height	Front	Rear	Interior Side	Street Side	Maximum Lot Covered F And J*	Minimum Lot Area (Acres Or Square Feet) H*	Minimum Lot Width I*
A	60'	60'	30'	30'	45'	10%	20 acres	100'
A-R	35'	60'	30'	30'	45'	10%	4.7 acres	100'
R-E	35'	50'	30'	20'	35'	15%	1.8 acres	100'
R-1	35'	30'	30'	15'	30'	35%	37,000	100'
R-2	35'	30'	30'	10'	20'	40%	17,000	75'
R-3	35'	30'	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	35'	20'	20'	7.5'	20'	60%	5,000	50'
R-6 to R-10 single-family attached dwellings	35'	20' 10' if alley load	15' 5' if alley load	5' 0' for common wall	20'	N/a	1,600	20'
L-O	35'	20'	20'	7.5'	20'	60%	2,000	25'
C-1	35'	15'	0'	0'	10'	50%	2,000	25'
C-2	35'	0'	0'	0'	0'	92%	1,300	25'
C-3	35'	0'	0'	0'	0'	92%	1,300	25'
CBD	35'	0'	0'	0'	0'	92%	500	25'
M-1	35'	0'	0'	0'	0'	92%	n/a	25'
BP	35'	20'	0'	0'	20'	50%	n/a	25'
M-2	35'	0'	0'	0'	0'	92%	n/a	25'
M-3	35'	0'	0'	0'	0'	92%	n/a	25'
MU	35'	20'	20'	7.5'	20'	50%	5,000	50'

*Note Conditions:

A. Setback reductions (to be measured from the foundation to the property line):

1. Building eaves may extend no more than 2 feet into any setback;

2. Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered part of the building to which they are attached and shall not project more than 15 feet into the required rear yard setback provided that the remaining setback distance is no less than 10 feet.;

3. Open porches for residential dwelling units shall not project more than 5 feet into the required front yard setback provided that the remaining setback distance is no less than 15 feet;

4. A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a 5 foot reduction in the minimum required front yard setback provided that the distance is no less than 20 feet, and no less than 15 feet within the MU zoning district, measured from the foundation of the garage to the property line;

5. Upon the submittal of the waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria, accessory structures may be permitted to be located within a minimum of 15 feet of the rear property line:

a. Be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;

b. Not impair reasonable or appropriate use of adjoining properties;

c. Not result in greater impacts on natural resources;

d. Not impair sight distances on public or private roads; and

e. If authorized, the waiver may only be granted for the minimum amount necessary to achieve the stated purpose of the waiver sought.

f. The applicant shall provide written approval of the setback reduction from all adjoining property owners at the time of application submittal. If written approval cannot be obtained, then the city shall notify the adjoining property owners and inform them in writing about the applicant's setback reduction. The adjoining property owners shall have 10 calendar days from the decision date to appeal. In the event of a denial, the applicant shall be allowed to appeal the zoning administrator's decision. If no appeal is submitted, the decision is final.

B. Except for single-family attached dwellings, an additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone.

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 (as identified on the master street map typologies map in the Eagle comprehensive plan) is 30 feet in all residential zoning districts.

E. Street side setback on arterial and collector streets (as identified on the master street typologies map in the Eagle comprehensive plan) is 25 feet in all residential zoning districts.

F. In order to stimulate the rehabilitation and revitalization of the existing neighborhoods where the currently platted residential lots are less in size than the 7,000 square feet per dwelling unit, applicants desiring to exceed the authorized 40 percent maximum lot coverage may apply for a conditional use permit.

G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.

H. All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E and R-1, shall have a minimum lot area that is 10 percent larger than shown in this table.

I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be the minimum lot width specified within the zoning district or 35-feet, whichever is less.

J. Childcare facilities, churches, nursing/convalescent homes (which include senior assisted living facilities), schools (public or private), which are proposed within an agricultural district (A), agricultural-residential district (A-R), and/or residential- estates district (R-E) shall be permitted an increase of the maximum lot coverage from 10 percent to 24 percent.

(Ord. 566, 5-15-2007; amd. Ord. 686, 10-23-2012; Ord. 699, 5-28-2013; Ord. 820, 12-10-2019; Ord. 826, 7-28-2020; Ord. 858, 10-26-2021)

8-2A-1: GENERAL APPLICABILITY:

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 and single-family attached 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 a fee as established by resolution of the City Council. Design review applications for a change in paint color are subject to review and approval by the City but otherwise shall not be required to comply in all respects to the requirements of this article.

An individual single-family dwelling located within the A, A-R, R-E, and R Zoning District, unless required as part of the PUD, is specifically excluded from the requirements of the Design Review Overlay District. (Ord. 809, 4-9-2019; amd. Ord. 820, 12-10-2019; Ord. 827, 10-22-2020)

8-2A-2: PURPOSE AND GOALS:

A. Purpose: The purpose of this article is to:

1. Recognize the interdependence of land values and aesthetics and to provide a method by which the City may implement this interdependence to the benefit of the community.

2. Encourage the development of private property in harmony with the desired character of the City and in conformance with the guidelines herein provided with due regard to the public and private interests involved.

3. Provide planning and design guidelines to give specific direction for downtown development, while allowing for flexibility that promotes creative, market driven development proposals.

B. Goals: The general theme of the Design Review Overlay District is to specify desirable building and landscape architectural styles and materials to create a sustainable and pleasing environment for residents and visitors alike. The architectural designs, materials, and graphics set forth in this article are compiled to create a theme unique to the area called "Eagle Architecture". (Ord. 462, 11-11-2003)

8-2A-3: EFFECT OF OTHER PROVISIONS:

If any provision of this article is found to be in conflict with any other provision of any Zoning, Building, Fire Safety or Health Ordinance or other provision of this Code, the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts, the City Council may, at their discretion, suspend or relax some or all requirements found in this article, if the City Council determines a particular site, setting, or use to have special and/or unique circumstances to warrant an exception to the requirements. (Ord. 781, 8-8-2017)

8-2A-4: DEFINITIONS:

Certain words or phrases used in this article shall be interpreted as defined within a particular section, as defined within this article, or as defined in section 8-1-2 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 article its most reasonable application. (Ord. 462, 11-11-2003)

8-2A-5: DESIGN REVIEW OVERLAY DISTRICTS; EAGLE ARCHITECTURE AND SITE DESIGN BOOK (EASD):

A. Area Of District: The Design Review Overlay District encompasses the entire City limits including any land annexed into the City after the date of adoption hereof.

B. Proposed Developments: Any proposed development located within the Design Review Overlay District shall be harmonious with and in accordance with the general objectives and with any specific objective of the Comprehensive Plan.

C. Areas Of Development: There are four (4) specifically defined areas of development within the Design Review Overlay District. The general purpose of each of those areas are described below. Any development which meets the criteria for design review, as set forth in this article, that is not within the specific areas described below, shall be required to comply with the general requirements of this article and not the specific requirements for the DDA, TDA, CEDA, and DSDA:

1. Downtown Development Area-DDA: The purpose of the DDA is to establish a distinct area regulated to fulfill the vision of the City Comprehensive Plan and to provide for activities conducive to a compact and concentrated downtown commercial center.

2. Transitional Development Area-TDA: The purpose of the TDA is to provide areas for public parking and service to the DDA and serve as an area for future expansion of the DDA as market demands grow.

3. Community Entry Development Area-CEDA: The purpose of the CEDA is to fulfill the vision of the City Comprehensive Plan by providing a sense of entry into Eagle and transitional development into the DDA.

4. Dunyon/State Development Area-DSDA: The purpose of the DSDA is to allow unique regulations specific to this district to facilitate the redevelopment of the area.

Where any parcel lies within more than one (1) development area described above, the entire parcel shall be considered to be within the development area with the more restrictive requirements. However, the development of a parcel located within more than one (1) development area may be permitted using the criteria from each respective district provided the Design Review Board determines that the more restrictive criteria is not compromised and that the development is in harmony with the adjacent properties.

D. Area Boundaries: The DDA, TDA, CEDA and DSDA are delineated on the map (Exhibit A-1) included as part of EASD Book.

E. Eagle Architecture And Site Design Book-EASD: The purpose of the EASD Book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD Book, established through a resolution of the City Council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, Exhibit A-1 may only be modified through an ordinance amendment. The architecture styles found in the EASD Book are permitted styles. Architectural styles not shown within the EASD Book will not be considered. A copy of the EASD Book is available at Eagle City Hall. (Ord. 462, 11-11-2003)

8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:

A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle Architecture and Site Design Book, contains a listing of objectives applied to each application, and a listing of matters which 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 article. 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 appropriate, safe parking lot 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

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: The on site grading and drainage shall be designed so as to maximize land use benefits and to minimize off site impact and provide for slope and soil stabilization to prevent erosion and the design review board shall consider:

a. The existing and proposed grading relative to soil removal, fill work, retainage, soil stabilization, erosion control on the site and the adjacent terrain and streets, and adoption of the development to the existing site contours;

b. The planting of ground covers or shrubbery to prevent dust, to stabilize soils and embankments and to control erosion;

c. Existing and proposed storm drainageways, canals, floodway and floodplains relative to flow or alignment alterations, containment and endangerment of health; and

d. The maintenance of floodway, floodplains, drainageways, channels, culverts, head gates, canals, and soils.

4. Signage: Signing for any project shall provide for business identification and minimize clutter and confusion on and off the site, and shall be in compliance with section 8-2A-8 of this article and the current edition of the uniform sign code adopted by the city. The design review board shall consider:

a. The "overall sign concept" for multi-tenant business centers to assure that it addresses the continuity between tenant sign design and building design;

b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by or partially attributable to the distraction and obstruction of improperly located and designed signs;

c. The provision for effective and necessary business identification systems adapted to the building design;

d. The continued maintenance of signs throughout their life; and

e. The size, location, design, color, texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features to ensure that any such proposals do not detract from the function of, or design of, buildings, structures, surrounding properties, neighborhoods, or streets.

5. Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground, and 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. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan);

c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations; and

d. The continued maintenance of these service systems.

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

e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture.

B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator, the design review board, and the city council, whichever the case may be, to determine the appropriateness of such material.

1. Exterior walls and soffits:

a. Wood: cedar (clear) and redwood (clear) - architectural/premium grade. Log siding, wood shingle are permitted for accent only, twenty five percent (25%) maximum wall coverage (per each facade);

Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited.

b. Fiber cement;

c. Masonite: horizontal lap only, maximum six inch (6") reveal;

d. Vinyl: 0.46 millimeter minimum thickness, integral color;

e. Textured tilt up concrete with accent reveals;

f. Textured pour in place concrete with accent reveals;

g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for accent only, ten percent (10%) maximum wall coverage (per each facade);

h. Stucco: Twenty five percent (25%) planer change required, additional accents shall be incorporated through the use of other material(s);

i. EIFS: Permitted for accent only, ten percent (10%) maximum wall coverage (per each facade). Additional accents required through the use of other materials;

j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters, dormers, cupolas, columns;

k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a factory finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals.

Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented toward the road.

Metal siding shall also be prohibited in the DDA, TDA, CEDA design review overlay district areas.

It is not the intent of these metal siding requirements and prohibitions to inhibit creative and innovative architecture. Therefore, alternative building designs that utilize metal, not specifically meeting the requirements herein, may be permitted where the applicant shows, and the City Council finds that the metal is: architecturally compatible with surrounding buildings; architecturally compatible with other nonmetal buildings in the area; attractively landscaped when feasible; and is designed to equal or exceed the city requirement to eliminate the stark utilitarian look intended to be prevented by this subsection.

2. Roofs:

a. Wood shakes/shingles: premium on number 1 grade;

b. Architectural grade textured composition shingles;

c. Tile: cemetitious, clay;

d. Slate;

e. Metal; standing seam, batten seam (concealed fasteners required);

Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.

f. Flat roof specification: single ply, built up (both nonreflective). (Ord. 462, 11-11-2003)

3. Fences:

a. Block (with columns), which may include brick, rock, stone or similar veneer;

b. Brick (with columns);

c. Wrought iron;

d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design;

e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted for use on school sites.

4. Decks and patios:

a. Concrete (stamped finish and smooth finish);

b. Brick pavers;

c. Wood-polymer composite lumber;

d. Wood (pressure treated, redwood).

5. 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 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.

6. Architectural appurtenance and building height restrictions:

a. All buildings, spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a maximum height of forty feet (40') within the DDA and TDA and thirty five feet (35') in all other locations. Additional height may be permitted if a conditional use permit is approved by the city council.

7. Enclosed trash and recycle receptacle areas: All commercial and multi-family developments shall provide for trash and recycle services and shall include an enclosed area for the storage of trash and recycle receptacles. The area shall be screened in accordance with section 8-2A-7J of this article. A waiver of this section may be approved for small businesses that utilize ninety six (96) gallon or smaller trash and recycle receptacles provided the containers are stored indoors or are otherwise screened from view with the use of a screen wall and landscaping.

C. Downtown Development Area: DDA shown on exhibit A-1 within the EASD book.

1. Purpose: To provide a compact downtown business center supported by the comprehensive goals of the city.

2. Architectural Character:

a. Height: Height of buildings is restricted to a maximum height of forty feet (40'). To the extent the height requirements herein conflict with section 8-2-4 of this chapter, the height requirements herein shall control.

b. Ground Floor Requirements: The ground floor (street level) of new buildings shall accommodate pedestrian friendly elements. The design should accommodate a variety of potential uses that may not be contemplated at the time of construction. Examples include: specialty retail, grocery, drugstore, shoe repair, dry cleaning, florist shop, department store, hardware store, other personal services, restaurant or theater or financial services or a parking garage. Any use must meet the requirements set forth in section 8-2-3 of this chapter.

c. Other Floor Options: The design should accommodate the ground floor uses as listed in subsection C2b of this section including residential use. Any use must meet the requirements set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a permitted use. For the purposes of this section a single apartment unit or multiple apartment units may be permitted.

d. Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza.

e. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level.

f. Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five percent (25%) glass. The front of any building is the facade that fronts upon any street.

g. Exterior Surfaces: The exterior vertical surface of a building shall be designed to minimize the environmental impacts such as glare, reflected heat, and wind. High quality nonreflective architectural materials are particularly encouraged.

h. Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review board and city council.

i. Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but is not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials.

j. Horizontal Lines: Parapets shall be used to vary long horizontal lines exceeding fifty feet (50').

k. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this article, including the examples set forth in the EASD book.

3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control:

a. Front building setbacks from the property line shall be a minimum of zero feet (0') to a maximum of ten feet (10').

b. Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.

c. Structures shall not have a continuous face(s) longer than ninety feet (90') inclusive of adjoining structures.

d. When a building is located at the intersection of two (2) streets, the distance between the face of the building and the back of curb shall be a minimum of ten feet (10') to preserve adequate sight visibility.

e. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks.

f. Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%) and a maximum of ninety five percent (95%) in which case off site parking shall be provided for. The lot coverage requirement may be waived if development of the lot as a parking lot is reviewed by the design review board and is approved by the council. Furthermore, the minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with the provisions of this title for structures that include residential uses on floors other than the ground floor.

4. Parking:

a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a landscape buffer shall be provided between the parking lot and any street. Limited parking potential in the DDA may allow for reduced parking ratios where there is access to public or shared parking.

b. Provide on street parking along State Street, 1st Street, 2nd Street, Idaho Street, Park Road and Aikens Road.

c. On street parking along Eagle Road is prohibited.

d. Shared parking shall be encouraged.

5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply with the requirements contained within subsection G of this section.

6. Planning Considerations: In reviewing an application pursuant to this chapter, the design review board shall give consideration to the following to determine compatibility with this article:

a. Public Restrooms: Locations should be sought which are safe and convenient for public use downtown. Suitable locations include public parking areas and sites adjacent to or within private development.

b. Public Gathering Place: A public gathering place is desired to act as the hub for community events such as the Eagle Fun Days. The public gathering place could be defined as 1st Street between Idaho Street and Aikens Road, and State Street between Eagle Road and 2nd Street. However, the public gathering place may be redefined as development progresses in the "downtown development area" and/or in the "transitional development area" or if a more specifically defined area is adopted as a part of the city comprehensive plan.

c. Vehicular And Pedestrian Use: Extensions of Idaho Street and Aikens Road for vehicular and pedestrian use shall be considered.

D. Transitional Development Area: TDA shown on exhibit A-1 within the EASD book.

1. Purpose: To serve as an area of future expansion to the central business district as market demands grow and to provide an area to accommodate public parking and service to the central business district.

2. Architectural Character:

c. Other Floor Options: The design should accommodate the ground floor uses as listed in subsection D2b of this section including residential use. Any use must meet the requirements set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a permitted use. For the purposes of this section a single apartment unit or multiple apartment units may be permitted.

d. Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza.

e. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level.

g. Exterior Surfaces: The exterior vertical surface of a building shall be designed to minimize the environmental impacts such as glare, reflected heat and wind. High quality nonreflective architectural materials are particularly encouraged.

j. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this article, including the examples set forth in the EASD book.

3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control:

a. Front building setbacks from the property line shall be a minimum of ten feet (10') to a maximum of twenty five feet (25').

b. Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable.

c. Structures shall be visually tied to adjoining structures. Examples of methods to visually tie such structures together include screening walls, facade walls, courtyards and landscaping.

d. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks.

e. The city encourages developing outdoor use and/or strong visual ties on properties along the Eagle drain to preserve its natural resource, visual features and possible recreational value.

f. Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for. The minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with provisions of this title for structures that include residential uses on floors other than the ground floor.

4. Parking:

a. Continuous front parking areas (off street) along State Street and Eagle Road is not permitted.

b. Limited direct access to parking areas from State Street or Eagle Road is allowed.

c. Shared drive access points to parking shall be used wherever possible.

d. Encourage shared parking.

e. Off street public parking areas may be required. Where these facilities occur adjacent to existing residential development, a continuous six foot (6') high masonry wall with landscape treatment or a separate landscape barrier will be required to mitigate sound and visual impact. Safe pedestrian and bicycle connections between the residential neighborhood and the off street parking area should be provided if feasible.

f. On street parking is allowed.

6. Planning Considerations: In reviewing an application pursuant to this article, the design review board shall give consideration to the following to determine compatibility with this article:

b. Public Gathering Place: A public gathering place is desired to act as the hub for community events such as the Eagle Fun Days. The public gathering place could be defined as 1st Street between Idaho Street and Aikens Road, and State Street between Eagle Road and 2nd Street. However, the public gathering place may be redefined as development progresses in the downtown development area and/or in the transitional development area or if a more specifically defined area is adopted as a part of the city comprehensive plan.

c. Vehicular And Pedestrian Use: Extension of Idaho Street for vehicular and pedestrian use shall be considered.

E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD book.

1. Purpose: To provide a sense of entry into the city and transition development into the central business district in support of the comprehensive plan.

2. Architectural Character:

a. Height: Height of buildings is restricted to a maximum height of thirty five feet (35').

b. Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza.

c. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level.

d. Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but is not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials.

e. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this article.

3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control.

a. Front building setbacks from the property line shall be twenty feet (20') minimum.

b. Side building setbacks shall be ten feet (10') minimum.

c. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks.

d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for.

4. Parking:

a. Continuous front parking areas (off street) along State Street and Eagle Road not permitted.

b. Limited direct access to parking areas from State Street or Eagle Road is allowed.

c. Shared drive access points to parking shall be used wherever possible.

d. On street parking is prohibited on Eagle Road.

6. Planning Considerations: In reviewing an application pursuant to this article, the design review board shall give consideration to the following to determine compatibility with this article:

a. Entry Statement: Six (6) points of entry have been identified for consideration and are shown on exhibit A-1 within the EASD book. However, the final location of the entry statements may be redefined as development in the city progresses or if a more specifically defined location is adopted as a part of the city comprehensive plan.

The following entry statement concepts for signage are encouraged: a permanent monument sign, simple in design, identifying Eagle. A license agreement may be required by the highway district having jurisdiction if the entry statement is proposed to be placed within a public street right of way. Any construction within a public right of way would require approval of the agency having jurisdiction.

F. Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book.

1. Purpose: To improve the livability, desirability, and character of the DSDA area and to encourage new development by providing unique regulations specific to this district.

2. Setbacks And Site Design:

a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be fifteen feet (15') minimum.

b. Side Setbacks: Side building setbacks shall be five feet (5') minimum.

c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks.

d. Site And Landscape Design: At the discretion of the design review board the following may be considered when the board finds that the site has been designed in harmony with the design guidelines, objectives and considerations noted within subsection A of this section:

(1) Interior and perimeter parking lot landscape area dimensions may be reduced.

(2) The minimum required landscaping between the building and the property line may be reduced when the design review board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property.

G. Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and number of amenities vary within the different overlay districts of the city. 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 business community. Examples of streetscape design and amenities are shown within the EASD book.

At a minimum, the following specific streetscape criteria shall apply:

1. Street trees shall comply with the requirements contained in section 8-2A-7 of this article. Any tree located within a concrete area shall include tree grates and tree wells as depicted on the tree well and tree grate exhibit within the EASD book. Root barriers shall be required to limit future sidewalk damage from tree roots.

2. The specific style of streetlight poles within the DDA, TDA, CEDA, and in the locations specified in subsection G6 of this section, shall be as depicted on the streetlight exhibit within the EASD book.

3. The specific style of streetlight lamps within the DDA, TDA, CEDA, and in the locations specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit within the EASD book.

4. Streetlights within the DDA and TDA shall be located a maximum distance of one hundred feet (100') apart except as specified in subsection G6 of this section. Said streetlights are not required to be located in alignment across the street from each other.

5. Streetlights within the CEDA shall be located a maximum distance of one hundred fifty feet (150') apart except as specified in subsection G6 of this section. Said streetlights are not required to be located in alignment across the street from each other.

6. Except as noted in subsections G4 and G5 of this section, streetlights shall be spaced generally as depicted on the streetlight spacing map included within the EASD book (exhibit A-2). The specific spacing requirements are listed below and apply to each side of the street. Streetlights are to be located in alignment across the street from each other except where noted as "staggered". When the streetlights are to be "staggered" a streetlight on one side of the street is to be located generally midway between two (2) streetlights on the other side of the street. Spacing shall still apply to each side of the street.

Street	Boundaries	Spacing (Each Side Of Street)
Eagle Road	Highway 44 to State Street	75'
Eagle Road	State Street to Ranch Drive	150'
Eagle Road	Ranch Drive to Floating Feather Road	300' (staggered)
State Street	Highway 44 (new connection west of Ballantyne Lane) to Dry Creek	300'
State Street	Dry Creek to Cobblestone Lane	150'
State Street	Cobblestone Lane to Palmetto Avenue	75'
State Street	Palmetto Avenue to Plaza Drive/Hill Road	150'
State Street	Plaza Drive/Hill Road to Highway 44	300'
Plaza Drive/Hill Road	Eagle Road to Edgewood Lane	150'
Hill Road	Edgewood Lane to New Highway 55	300' (staggered)
Alternate route connection	Plaza Drive to Eagle River Development	150'

7. Streetlight spacing may be slightly modified depending upon site constraints and the location of existing streetlights.

8. Bollard style pedestrian lighting shall be required along all pathways not illuminated by street and/or site lighting.

9. Bollards as depicted on the bollard exhibit within the EASD book shall be required at all bulb outs.

10. Public art is encouraged and/or areas should be made available for the placement of public art in the future.

11. Furnishings shall be required for all applications incorporating streetscape improvements, pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches, seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall lamps, waste receptacles and other similar amenities as may be approved by the design review board. Furnishing examples are depicted within "urban accessories" section of the EASD book.

12. Sidewalks within the DDA shall be a minimum of ten feet (10') wide and shall abut the curb. Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book, consisting of smooth concrete and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six feet (6') in width.

13. Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the curb or shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be constructed to match the sidewalk exhibit within the EASD book, consisting of smooth and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six feet (6') in width.

14. Sidewalks within the CEDA shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and curb. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees justifies a reduced sidewalk section. In no case however shall the sidewalk be reduced to less than six feet (6') in width.

(Ord. 462, 11-11-2003; amd. Ord. 756, 8-23-2016; Ord. 820, 12-10-2019; Ord. 858, 10-26-2021)

8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:

A. Landscape Plan Required: A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions. The landscape plan shall be drawn to scale (no smaller than 1 inch equals 30 feet) and shall indicate the following:

1. Boundaries, property lines, and dimensions.

2. Existing trees and vegetation identified by species and size.

3. The location and design of areas to be landscaped.

4. The location and labels for all proposed plants.

5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting.

6. Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas.

7. Planting and installation details as necessary to ensure conformance with all required standards.

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.

4. If only a portion of a property is being developed, and if the city does not require improvements on the entire property, improvements to landscape shall continue a minimum of twenty five feet (25') (on site) beyond the proposed development.

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. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted.

Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement would be four (4) two inch (2") caliper deciduous trees. A twelve foot (12') tall coniferous tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous trees.

b. When a homeowners association or its agent removes tree(s) from a subdivision common area to appropriately thin an overgrown canopy, replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city.

c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of the following trees shall not otherwise require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city.

d. In cases where the condition of the tree(s) constitutes an "emergency" as defined in section 8-1-2 of this title, the tree(s) may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal.

e. Planting within public rights of way shall be with approval from the city and the public entity owning the property.

3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this section.

4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk.

5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping.

D. Prohibited Materials And Landscaping:

1. No required landscape areas shall include artificial trees, plants, or any carpeting designed as a vegetative substitute.

2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted within vision triangles and adjacent to any street shall be pruned to a minimum seven feet (7') above the adjacent sidewalk and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground covers planted within the vision triangle shall not exceed three feet (3') height at maturity. The boundaries of the vision triangle 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. The sight distance obstruction is also applicable to railroad-highway grade crossings with the vision triangle defined by measuring forty feet (40') along the railroad property line. In all cases, ITD and ACHD standards shall apply also.

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 be removed within fifteen (15) days. The failure of the owner to remove the obstruction shall be punishable as an infraction as provided in section 1-4-1 of this code.

E. Installation And Minimum Standards:

1. Trees shall be planted in accordance with the city of Eagle tree planting specifications included as an exhibit within the EASD book. Accepted nursery standards and practices shall be followed in the planting and maintenance of landscaped areas.

2. Soil and slope stabilization must result after landscape installation.

3. Root barriers shall be installed for all new trees planted adjacent to existing or proposed public or private sidewalks and paving.

4. The minimum acceptable size for deciduous trees shall be two inch (2") caliper, balled and burlapped.

5. The minimum acceptable size for evergreen trees shall be six feet (6') to seven feet (7') balled and burlapped.

6. Plant material selection shall be taken from subsection Q of this section.

7. All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material.

8. a. 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.

b. 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.

c. 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. Tree Species Mix:

1. When more than ten (10) trees are to be planted to meet the requirements of these guidelines, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. See the table below:

Required Number Of Trees	Minimum Number Of Species
11 - 20	2
21 - 30	3
31 - 40	4
41 plus	5

G. Maintenance:

1. All required landscaping shall be permanently maintained in a healthy growing condition by the property owner or the 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 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.

H. Completion Time:

1. The zoning 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. A final certificate of occupancy shall not be issued until all required plantings are complete.

I. Irrigation Required: An underground automatic irrigation system is required for all development as defined in section 8-2A-1 of this article.

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.

3. The system shall be designed and constructed to provide one hundred percent (100%) spray coverage.

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.

J. 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 commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot (6') high landscaped buffer is required.

b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high landscaped buffer is required.

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 (5') wide by six foot (6') high 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 sixty percent (60%) of the total plant material used.

b. Height requirements 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. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.

4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows:

a. Any road designated as a collector on the master street map typologies map in the Eagle comprehensive plan:

A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted.

A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.

b. Any road designated as a minor arterial on the master street map typologies map in the Eagle comprehensive plan:

A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted.

A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.

c. Any road designated as a principal arterial on the master street map typologies map in the Eagle comprehensive plan:

A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted.

A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.

5. Common Area Landscapes: New residential subdivision common area landscapes shall be comprised of the following:

a. Lawn, either seed or sod.

b. A minimum of one deciduous shade tree per one thousand (1,000) square feet.

6. Design Considerations For Residential Developments:

a. 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.

b. 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.

K. Parking Lot Landscaping:

1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking:

Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen parking areas (chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade.

2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip 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.

Four (4) options are provided for fulfilling this requirement:

a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.

b. 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 right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.

c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.

d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.

(1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following:

(A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and

(B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area.

3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots.

a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter.

4. Parking Lot Interior Landscaping:

a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount of landscaping is based on a sliding scale, as follows:

Total Number Of Spaces	Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area

10 - 20	5 percent
21 - 50	8 percent
51+	10 percent

b. Additional Requirements:

(1) No interior planter shall be less than five feet (5') in any dimension.

(2) No parking space shall be more than sixty feet (60') from an interior landscaped area.

(3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars.

(4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet (6').

(5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass.

L. Landscaped Commercial Strips:

1. Landscaped strips shall be provided between all building development and public rights of way 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 ten feet (10') wide minimum and planted with one 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.

M. Parkway Strips, Separated Sidewalks, And Street Trees:

1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over streets.

2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage.

3. Within residential developments one shade class (class II) tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side 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.

4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property.

N. Incentives:

1. The zoning 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 zoning 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 zoning administrator may reduce technical standards of parking lot design where paving requirements conflict with the retention of significant trees.

O. 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 section. 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 section is to be modified, what project conditions stated within subsection O1 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement.

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. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection O2 of this section. 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, without prejudice, in accordance with subsection O2 of this section.

P. Plan Preparation: Preparing a landscape plan requires special skills. Landscaping 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. Landscaping 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.

Q. Approved Tree List: This list is a suggested planting list. Other tree species and varieties will be considered.

	SMALL TREES (CLASS I)
Common Name	Botanical Name	Varieties
Crabapple, flowering	Malus spp.	Adirondack Brandywine Coralburst Donald Wyman Harvest gold Indian summer Prairiefire Purple prince Radiant Red jewel Robinson Royalty Sargent Spring snow Strawberry parf Transitoria

Dogwood, flowering	Cornus florida	Cloud 9
Goldenraintree	Koelreuteria paniculata	September
Hawthorn, Washington	Crataegus phaenopyrum
Lilac, Japanese tree	Syringa reticulata	Ivory silk
Magnolia, saucer	Magnolia x soulangiana
Maple, amur	Acer ginnala	Flame
Maple, hedge	Acer campestre	Queen Elizabeth
Pear, callery	Pyrus calleryana	Aristocrat Capitol Chanticleer Cleveland Redspire
Plum, flowering	Prunus spp.	Blireiana Newport
Plum, purple leaf	Prunus cerasifera
Redbud, eastern	Cercis canadensis
Smoke tree, common	Cotinus coggygria
Sumac, stag horn	Rus typhina	Laciniata

MEDIUM TREES (CLASS II)
Common Name	Botanical Name	Varieties
Alder, mountain	Alnus tenuifolia
Ash, green	Fraxinus pennsylvanica	Bergeson Cimaron Marshall Patmore Urbanite
Ash, raywood	Fraxinus oxycarpa	Raywood Flame
Ash, white	Fraxinus americana	Autumn applause Autumn purple Rosehill Skyline
Birch, river	Betula nigra	Heritage
Buckeye, yellow	Aesculus octandra
Cherry, Japanese - kanzan	Prunus serrulata
Corktree, amur	Phellodendron amurense	Macho
Filbert, Turkish	Corylus colurna
Ginkgo (male only)	Ginkgo biloba	Princeton sentry Magyar Autumn gold
Hackberry, common	Celtis occidentalis	Prairie pride
Honeylocust, thornless	Gleditsia triancanthos inermis	Shademaster Skyline Moraine
Hornbeam, European	Carpinus betulus	Fastigiata
Horsechestnut, common	Aesculus hippocastanum	Baumannii
Katsuratree	Cercidiphyllum japonicum
Linden, American	Tilia americana	Redmond Legend
Linden, littleleaf	Tilia cordata	Chancellor Corzam Glenleven Greenspire
Linden, silver	Tilia tomentosa	Green mtn. Sterling
Magnolia, cucumber tree	Magnolia acuminata
Maple, Norway	Acer platanoides	Columnare Deborah Emerald queen Royal red
Maple, sugar	Acer saccharum	Green mtn. Legacy
Pagoda tree, Japanese	Sophora japonica	Regent
Persimmon, common	Diospyros virginiana
Sweetgum, American	Liquidambar styracaflua	Moraine
Yellowwood, American	Cladrastis kentukea

LARGE TREES (CLASS III)
Common Name	Botanical Name	Varieties
Beech, European	Fagus sylvatica	Asplenifolia Riversii Roseo-Marginata Pendula
Catalpa, northern	Catalpa speciosa
Coffee tree, Kentucky	Gymnocladus dioicus	Espresso
Cottonwood, black	Populus trichocarpa
Hickory, shagbark	Carya ovata
Oak, bur	Quercus macrocarpa
Oak, English	Quercus robur	Fastigiata Pyramich
Oak, red	Quercus rubra
Oak, swamp white	Quercus bicolor
Plane tree, London	Platanus x acerifolia	Bloodgood
Tulip tree	Liriodendron tulipifera
Zelkova, Japanese	Zelkova serrata	Village green

CONIFERS
Common Name	Botanical Name	Varieties

Arborvitae, eastern	Thuja occidentalis
Bald cypress, common	Taxodium distichum	Monarch of Illinois Shawnee brave
Cedar, blue atlas	Cedrus atlantica glauca	Glauca pendula - weeping Fastigiata - columnar form
Cedar, weeping Alaska	Chamaecyparis nootkatensis	Pendula
Douglas fir	Pseudotsuga menziesii
False cypress, lawson	Chamaecyparis lawsoniana	Allumii Stewartii
Fir, white	Abies concolor	Violacea
Incense cedar, California	Calocedrus decurrens
Juniper, Rocky Mountain	Juniperus scopulorum
Larch, European	Larix decidua	Pendula
Pine, Austrian	Pinus nigra
Pine, bristlecone	Pinus aristata
Pine, eastern white	Pinus strobes
Pine, limber	Pinus flexilis
Pine, mugo	Pinus mugo
Pine, ponderosa	Pinus ponderosa
Pine, Scotch	Pinus sylvestris
Redwood, dawn	Metasequoia glyptostroboides
Sequoia, giant	Sequoiadendron giganteum
Spruce, Colorado	Picea pungens	Glauca Hoopsii Koster Moerheimii
Spruce, Norway	Picea abies
Spruce, Serbian	Picea omorika
Spruce, white (Black Hills)	Picea glauca	Densata

(Ord. 434, 1-14-2003; amd. Ord. 462, 11-11-2003; Ord. 566, 5-15-2007; Ord. 618, 2-17-2009; Ord. 699, 5-28-2013; Ord. 703, 9-24-2013; Ord. 820, 12-10-2019)

8-2A-8: SIGN REGULATIONS:

A. Applicability:

1. All Signs: Signs shall not be erected or maintained in any district as established by the zoning ordinance except those signs specifically enumerated in this article.

2. Undefined Or Unclassified Signs: To determine applicable regulations for any sign not specifically defined herein, the zoning administrator shall use the definition or classification within this article which most closely defines or classifies any such sign.

3. Architectural Compatibility: The number, area, and height of signs as outlined in this article 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 article to encourage interesting, creative, readable, effective, uncluttered, and well maintained signage. Sign materials and appearance shall be complementary to the building architecture and colors. The exhibits provided in the EASD book are examples of the types of sign designs envisioned for the Eagle architecture theme.

5. Nonconforming Signs: All signs in the entire city on the effective date 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 to which such sign pertains if the use associated with the business is changed, except as provided for within subsection C16n, "Historic Signage", of this section.

6. Change Of Face, Copy And/Or Logo On Signs: For signs conforming to this article, 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.

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 article its most reasonable application.

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: tripaneled, 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. Governmental flags or emblems shall not be considered banner signs.

CABINET SIGN (SCULPTED): A sign consisting of a translucent or nontranslucent panel containing sign copy which is affixed to a cabinet that is sculpted to form a nonsquare or nonrectangular 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 nontranslucent panels containing sign copy, which are interchangeable and which are affixed to a box or cabinet that is generally square or rectangular in shape.

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 EVENTS: Community sponsored events such as Eagle Fun Days, Eagle Saturday Market, First Friday, school sporting events, and similar city, chamber of commerce, Eagle Idaho Merchants Association, and school district type events, including events sponsored by any church/religious institution which has a city approved site within Eagle.

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.

COOPERATIVE BUSINESS IDENTIFICATION SIGN: A sign including multiple businesses, and which may or may not include directional information, that is to be constructed as a part of the "City Entry Statement Cooperative Sign Plan".

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-THROUGH/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.

FEATHER FLAG SIGN: A durable and lightweight fabric that flows easily in the wind, and is attached to an aluminum pole. The pole can either be inserted into the ground or can be connected to a solid, spring or spinning base.

FREEHANGING SIGNBOARD: A sign attached underneath a canopy, awning or colonnade.

FREESTANDING SIGN: A single or multiple faced sign, supported from the ground by one or more columns, uprights or braces.

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 zoning administrator to be an accurate determination for grade with regard to the intent of this article.

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, to inform the public of their location and contribution to the business community. "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.

ILLUMINATION, EXTERNAL: A sign that is affected by an artificial light source that is not contained within the sign itself.

ILLUMINATION, HALO: Illumination of a sign 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 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 inch (1/2"). The light source is concealed within the cabinet or structure and is not visible except that illumination from the light source shines though transparent (nonopaque) background material for no more than one-fourth inch (1/4") around the letters, logo, and other graphics, creating a halo effect.

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 four (4) 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.

MURAL: A painting, other than a business advertising sign, on the outside wall of a building.

NONCONFORMING SIGN: Any sign which does not comply with the provisions of this code.

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 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.

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 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.

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.

STATE HIGHWAY: Highways in and through the city of Eagle that are owned and maintained by the state of Idaho. These include State Highways 16, 20/26, 44 and 55.

STREETLIGHT SIGN: A permanent or temporary sign 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 SIGN: A permanent on premises sign used to identify a subdivision.

TEMPORARY SIGN: A nonpermanent sign intended for use for a limited period of time, as regulated within this article.

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 inches (12") 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.

WINDOW SIGN: All signs located inside and affixed to, painted on or within three feet (3') 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 feet (3') of the window.

YARD SIGN (NONRIGID): Yard signs may be referred to as "lawn signs". Nonrigid yard/lawn 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 (1/4") 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 (2), and the other two (2) prongs are inserted into the ground. The single or double crossbar between the two (2) 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 (1/4") or more, or they are made of metal one-half inch by one- half inch (1/2" x 1/2") 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. Provisions And Requirements:

1. Wall Signs (Flat And Perpendicular):

a. A single-tenant building shall be allowed a maximum of three (3) 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 (3) 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 percent (10%) of the area of the building face to which it is attached, except that any wall sign that is visible from a state highway shall be permitted a maximum of twenty percent (20%) 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 percent (10%) of the area of the building face to which they are attached, except that the total sign area for wall signs that are visible from a state highway shall be a maximum of twenty percent (20%) 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 percent (10%) of the area of the building face to which it is attached.

2. Monument Signs:

a. For single-tenant buildings which are not within the DDA, TDA, or within a "shopping center", monument signs shall not exceed eight feet (8') 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 DDA, TDA, or within a "shopping center", monument signs shall not exceed fifteen feet (15') in height and the sign area shall not exceed one hundred forty (140) square feet per side.

c. For single-tenant buildings which are within the DDA or TDA monument signs shall not exceed six feet (6') in height and the sign area shall not exceed forty (40) square feet per side.

d. For multi-tenant buildings which are within the DDA or TDA monument signs shall not exceed eight feet (8') 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 section 8-1-2 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 fifteen feet (15') adjacent to a roadway that is not designated as a state highway and twenty five feet (25') adjacent to any state highway. The sign area shall not exceed one hundred 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.

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 six feet (6') adjacent to a roadway that is not designated as a state highway and eight feet (8') 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.

g. The minimum distance between monument signs on a single parcel, shall be one hundred feet (100').

h. No monument sign shall be any closer than fifty feet (50') from a monument sign, or other freestanding sign, on an adjacent property.

i. Monument signs are permitted to be double faced.

3. Subdivision Signs:

a. One subdivision sign may be permitted on each side of any entry road into a subdivision, or within the landscape median at the entry road if approved by ACHD, and at the intersection of any collector and/or arterial streets abutting the subdivision.

b. Subdivision signs shall not exceed eight feet (8') in height and the sign area shall not exceed sixty (60) square feet per side.

4. Freehanging Signboards:

a. Freehanging signboards shall not exceed eight (8) square feet nor shall any such sign extend beyond the porch or canopy to which it is attached.

b. A minimum distance of seven feet six inches (7'6") shall be required between a walkway and the bottom of a freehanging signboard.

5. Fuel Island Signs:

a. Fuel island canopies shall be permitted to have a maximum of three (3) 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 two (2) signs are proposed, each sign shall be located on a different side of the canopy and should be oriented to face oncoming traffic.

e. A one square foot sign may be permitted for the fuel logo or fuel brand only on each side of each fuel dispenser or spandrel attached thereto.

6. Drive-Through/Drive-Up Service Menu Board Signs:

a. Shall not exceed seven feet (7') in height and the sign area shall not exceed thirty five (35) square feet.

b. Internal illumination may be permitted if the city determines the following:

(1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of this article;

(2) 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

(3) The lighting will not be disturbing to existing or future neighboring uses.

7. Vendor And Temporary Merchant Signs:

a. Shall comply with all the requirements of portable on premises advertising signs except that any temporary vendor sign shall be allowed only for the length of time that the temporary vendor is in operation.

b. Shall be in compliance with title 3, chapter 4, "Vendors, Solicitors And Temporary Merchants", of this code.

8. Automated Signs:

a. Automated signs may be permitted as a part of a monument sign and shall be prohibited in all other types of signs if the city determines the following:

(1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of this article;

(3) The lighting will not be disturbing to existing or future neighboring uses. (Ord. 665, 2-14-2012)

b. Automated signs shall be prohibited in the downtown development area (DDA), the transitional development area (TDA), the community entry development area (CEDA), and in Residential and Public/Semipublic zoning districts. (Ord. 756, 8-23-2016)

c. All automated signs that utilize light to create change may change frame content through dissolve, fade or scroll features only. No sign shall be operated in a manner which the sign, sign structure, design or pictorial segment of the sign shows full animation, growing, flashing, rotating content, or otherwise creating an illusion of movement, except for single color text only message displays scrolling or traveling across the sign area. (Ord. 665, 2-14-2012)

d. The signs shall only change frame content not more than once every eight (8) seconds. The change of content must change immediately within a period of less than one second. (Ord. 756, 8-23-2016)

e. Based on brightness measured in nit (an illuminative brightness measurement equivalent to 1 candle per square meter measured perpendicular to the rays of the source); automated signs that utilize light to change frames shall contain an autodimmer allowing for no more than five thousand two hundred (5,200) nit illumination between sunrise and sunset and up to three hundred (300) nit illumination between sunset and sunrise.

f. The automated sign portion of any sign should be constructed into the sign in a manner in which it is subordinate to the overall design of the sign. The automated sign portion of any sign shall not exceed twenty percent (20%) of the face of any sign.

g. Where more than one sign is allowed only one sign may contain an automated sign.

h. The addition of an automated sign to any nonconforming sign is prohibited.

i. Any conforming existing sign or portion of a conforming existing sign that is refaced with an automated sign shall require a design review approval.

9. Prohibited Signs: The following signs and attention attracting devices shall be prohibited within the entire city, except as may otherwise be specifically stated within this subsection. The signs and other attention attracting devices prohibited herein are subject to removal by the city at the owner's or user's expense:

a. Pole signs.

b. Billboard signs.

c. Roof signs.

d. Cabinet signs (standard) except with nontranslucent 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 (4) sides by architectural elements of the sign structure.

e. Wall signs that extend above the parapet wall.

f. Reader board signs in excess of twenty (20) square feet.

g. Off premises signs, except as otherwise stated within this article.

h. Banner signs placed within landscaped areas, or otherwise placed on posts inserted into the ground, except for grand openings, community events, community yard sales and yard sales for nonprofit organizations.

i. Yard signs (nonrigid) except for political campaigns, garage sales and yard sales as regulated within this article.

j. Any sign which is prohibited within the sight visibility triangle as specified within the ACHD "Policy Manual".

k. Any sign which blocks the Americans with disabilities act (ADA) minimum width required for handicap accessibility on a public sidewalk.

l. Searchlights, beacons, strobe lights, scintillating lights, and similar lights except for grand openings and community events.

m. Moving, revolving, intermittent, oscillating, animated, or flashing signs, except for grand openings and community events.

n. Chasing lights, except as may be approved by the city as an integral part of a building or structure, and except for grand openings, community events and seasonal events.

o. Polyurethane and polyvinyl chloride (PVC) style inflatable balloons and blimps, larger than twenty four inches (24") in diameter, except for grand openings and community events.

p. Bubble machines except for grand openings and community events.

q. 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.

r. Signs which by reason 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.

s. 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.

t. Display of items for sale within any landscape area or required parking area except as a part of a community event.

u. Any sign in violation of this title.

v. Any sign in violation of local, state, or federal law over which the city exercises jurisdiction.

w. Any sign whose permit or approval has expired.

10. Portable On Premises Advertising Signs:

a. One portable on premises advertising sign shall be permitted per business. Except that, if the business abuts more than one street it shall be permitted one portable on premises advertising sign per street that it abuts as long as the signs are a minimum of fifty feet (50') apart.

b. Portable on premises advertising signs, except for feather flag signs, shall be a maximum of sixteen (16) square feet along roadways with three (3) or less travel lanes with a speed limit of twenty five (25) miles per hour or less and twenty four (24) square feet along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five (25) miles per hour.

c. Portable on premises advertising signs, except for feather flag signs, shall be a maximum of five feet (5') in height along roadways with three (3) or less travel lanes with a speed limit of twenty five (25) miles per hour or less and six feet (6') in height along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five (25) miles per hour.

d. Portable on premises advertising signs shall only be permitted on the parcel where the business is located, or on the adjacent sidewalk, and shall not be permitted on any other parcel except that any multi-tenant site shall have the sign on the site and not on any other site.

e. Portable on premises advertising signs on a public sidewalk abutting the business's parcel may be permitted if a minimum of five feet (5') of unobstructed walkway, or ADA required minimum, remains for pedestrians. The sign shall be located so as to not interfere with the flow of pedestrians.

f. If a feather flag sign is used as a portable on premises advertising sign the maximum height shall be fourteen feet (14') and maximum width shall be four feet (4').

g. The sign, copy, and materials shall be maintained and kept in good condition and repair to guard against decay, unsafe, and poorly maintained signs.

h. Written approval of the city zoning administrator shall be required for any portable on premises advertising sign, except for feather flag signs used as portable on premises advertising signs. A color picture, or color drawing, including the dimension of any proposed sign shall be submitted to the city along with a written narrative describing the sign materials, as well as the planned location of any such sign. The zoning administrator shall review the sign proposal for compliance with this article. There shall be no cost to the applicant for zoning administrator review and action on any such sign. Any denial or approval by the zoning administrator may be appealed to the city council as specified within section 8-7-4-1 of this title. An appeal fee shall be required for any appeal.

11. Portable Off Premises Directional Signs:

a. Shall only be permitted for businesses which are not located on any street designated as an arterial street on the transportation/pathway network map in the Eagle comprehensive plan (this includes any business in a shopping center or business park).

b. Portable off premises directional signs are allowed only when a change in direction is required to lead customers to the business site.

c. Portable off premises directional signs which include multiple businesses are encouraged in order to guard against clutter and therefore are permitted double the height and size maximums specified in subsections C11d and C11e of this section.

d. Portable off premises directional signs shall be a maximum of eight (8) square feet along roadways with three (3) or less travel lanes with a speed limit of twenty five (25) miles per hour or less and twelve (12) square feet along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five (25) miles per hour.

e. Portable off premises directional signs shall be a maximum of two and one-half feet (2.5') in height along roadways with three (3) or less travel lanes with a speed limit of twenty five (25) miles per hour or less and three feet (3') in height along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five (25) miles per hour.

f. Portable off premises directional signs on a public sidewalk may be permitted if a minimum of five feet (5') of unobstructed walkway, or ADA required minimum, remains for pedestrians. The sign shall be located so as to not interfere with the flow of pedestrians.

g. The sign, copy, and materials shall be maintained and kept in good condition and repair to guard against decay, unsafe, and poorly maintained signs.

h. No portable off premises directional sign owner shall have any exclusive right to any location within a public right of way, nor shall any sign be permitted to be placed within any congested area where the signage might impede or inconvenience the public. For the purpose of this paragraph, the judgment of a "public safety officer" (as defined in section 3-4-2 of this code), or ACHD official, or ITD official, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public is impeded or inconvenienced.

i. Written approval of the city zoning administrator shall be required for any portable off premises directional sign. A color picture, or color drawing, including the dimension of any proposed sign shall be submitted to the city along with a written narrative describing the sign materials, as well as the planned location of any such sign(s). The zoning administrator shall review the sign proposal for compliance with this article. There shall be no cost to the applicant for zoning administrator review and action on any such sign. Any denial or approval by the zoning administrator may be appealed to the city council as specified within section 8-7-4-1 of this title. An appeal fee shall be required for any appeal.

12. Permitted Temporary Signs: Written city approval shall not be required for the temporary signs as described and regulated within this subsection. Additionally, signs listed under "prohibited signs" of this article are also prohibited as temporary signs.

a. Government: Governmental or other legally required posters, notices or signs.

b. Banner Signs: Banner signs used for limited time frame promotions of special events, business open houses, or sales of products or services. Said banner signs shall be securely attached to a fence, building, structure or similar permanent fixture and shall not be permitted to be displayed for more than thirty (30) consecutive calendar days with a minimum of thirty (30) consecutive days between placements. No banner sign shall be placed within a landscaped area, or otherwise be placed on posts inserted into the ground. The maximum size for any such banner sign shall be forty eight (48) square feet. (Ord. 665, 2-14-2012)

c. Real Estate Signs: One "For Sale", "For Rent", or "For Lease" sign shall be allowed for properties, businesses and residences provided such sign does not exceed six (6) square feet in residential zones, and sixteen (16) square feet in all other zones, except that thirty two (32) square feet may be permitted along state highways. Said signs shall be located entirely within the property that is for sale, and shall be removed immediately after the close of the escrow, or the rental or lease has been accomplished. Said signs shall only be permitted on the property where the property, business or residence is located. (Ord. 699, 5-28-2013)

d. Real Estate Open House Signs: On and off premises signs used for real estate open houses. Said signs shall not exceed six (6) square feet, shall only be used during the open house, and shall be removed immediately after the open house.

e. Political Signs: Off premises signs used for political campaigns for any item or individual on a voting ballot. Said signs may only be used during the campaign and shall be removed within forty eight (48) hours after the voting booths close.

f. Garage And Yard Sale Signs: On and off premises signs used for garage sales and yard sales during the sale only, except that community yard sales and yard sales for nonprofit organizations may have signs posted ten (10) days prior to the sale. Said signs shall be removed immediately after the sale.

g. Construction Signs: Shall be placed on the construction site only between the time that a development application has been filed with the city and final issuance of certificate of occupancy. Contractors' signs may include banks, realtors, subcontractors, etc., and shall not exceed sixteen (16) square feet, except that thirty two (32) square feet may be permitted along state highways, unless legally required by governmental contract to be larger, and eight feet (8') shall be the maximum height.

h. Subdivision Directional Signs (Off Premises): Shall advertise the subdivision name with directional information and may advertise trade information and/or price range. Said signs shall be a maximum of sixteen (16) square feet, except that thirty two (32) square feet may be permitted along state highways, and said signs may be a maximum of eight feet (8') high. A maximum of three (3) off premises subdivision directional signs may be utilized for any subdivision within the city limits. All signs are to be placed on private property. Said signs are allowed only when a change in direction is required to lead customers to subdivision site. Subdivision directional signs may only be erected after city approval of the final plat for the subdivision and must be removed after the last lot within the approved final plat is sold by the developer.

i. Grand Opening Signs: All signs, except for prohibited signs as regulated in this article, are allowed for a grand opening for a new business or enterprise or for a grand opening for a business or enterprise under new management for a maximum period of sixty (60) calendar days.

j. Temporary Sign In Lieu Of Permanent Wall Sign: A business identification banner, or similar sign, is allowed on a temporary basis, not to exceed one hundred twenty (120) days, during approval and construction of any wall sign for a new business. Said sign shall not be larger than the wall sign that would be permitted per this title, shall only be located on the face of the building where the wall sign would be permitted per this title, and shall be removed when the permanent sign is installed, not to exceed one hundred twenty (120) days.

k. Temporary Sign In Lieu Of Permanent Monument Sign: A business identification A-frame, sandwich board or similar sign, is allowed on a temporary basis, not to exceed one hundred twenty (120) days, during approval and construction of any monument sign for a new business. Said sign shall not be larger than the monument sign that would be permitted per this title and shall be removed when the permanent sign is installed, not to exceed one hundred twenty (120) days.

l. Holiday Signs: Temporary signs commemorating and/or recognizing a "holiday" as defined herein shall be allowed during the time the holiday is typically recognized. Holiday signs shall not advertise a business, product or service. No requirement within this article shall apply to temporary holiday signs except however, no temporary holiday sign shall block ADA accessible sidewalk requirements or violate the sight visibility triangle of any intersection as determined by ACHD.

m. Community Event Signs: Community events signs shall be permitted for a maximum of sixty (60) days in any calendar year. No requirement within this article shall apply to temporary community event signs except however, no temporary community event sign shall block ADA accessible sidewalk requirements or violate the sight visibility triangle of any intersection as determined by ACHD.

n. Person Signs: Signs worn or held by a person while walking the public ways of the city. (Ord. 665, 2-14-2012)

13. Sign Illumination:

a. The city must find that any illuminated sign permitted under the specific regulations within this article is designed such that brightness levels are controlled to assure a soft, subtle effective light in accordance with other city regulations intended to create and maintain the Eagle architecture theme, while encouraging energy efficient lighting.

b. Illumination types, styles, and practices not listed herein shall be prohibited unless otherwise deemed by the design review board and city council to be consistent with the Eagle architecture theme.

c. Floodlighting is permitted only through the use of incandescent, LED and high pressure sodium light sources.

d. Exposed neon is permitted when used to create the sign letter(s) or as an architectural element as part of the sign design. A clear covering may be permitted for protection of the neon element.

e. Halo illumination is permitted.

f. Metal halide is not permitted as a light source for signage.

g. All types of internal illumination is prohibited, except for automated signs and drive-through/drive-up service menu board signs as regulated in this article. (Ord. 699, 5-28-2013)

14. Landscaping: 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 (3) times the size of the largest sign area. An example is shown as follows:

(Ord. 665, 2-14-2012)

15. Master Sign Plan: A "master sign plan", as defined by this article, shall be required to be submitted to the city for review and approval. The purpose of a 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.

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 article if the 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 article and:

a. 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; or

b. 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; or

c. 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. (Ord. 756, 8-23-2016)

16. Exempt Signs: The provisions and requirements of this article shall not apply to the following signs and attention attracting devices, except that no sign or attention attracting device shall block ADA accessible sidewalk requirements or the sight vision area of an intersection as determined by ACHD:

a. Public Convenience Signs: Signs not exceeding six (6) square feet in area, erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.

b. Directional Signs (On Premises): Shall not exceed six (6) square feet in area.

c. Memorial Signs: Memorial signs or tablets, names of buildings and dates of erection of a building or structure.

d. Traffic Or Other Municipal Signs (Signs Required By Law): Traffic signals, railroad crossings signs, legal notices, and such temporary emergency or nonadvertising signs as may be authorized by the city council.

e. Emergency Service Signs: Signs for emergency services such as police services, emergency rooms, fire departments, hospitals, etc.

f. Utility Company Signs: Signs of public utility companies indicating danger or which show the location of utility facilities.

g. Address Numbers: Numbers and letters for address identification.

h. 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) square feet in area.

i. Seasonal Decorations: Reasonable seasonal decorations within the appropriate holiday season. However, such displays shall be removed at the end of the public holiday season.

j. Flag: The flag of the government or noncommercial institution.

k. Flag (Commercial): The flag of a commercial institution, except that no more than one flag is permitted per business, the flag shall not exceed twenty (20) square feet in surface area, shall be left loose to fly in the breeze and shall be a maximum of fifteen feet (15') in height.

l. Art: Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification.

m. Murals: Murals shall be considered art and not signs as long as the mural is not used to advertise the business. Murals shall be artistic and nostalgic in nature and shall follow the theme of Eagle architecture. After receiving a recommendation from the Eagle arts commission, all murals shall be reviewed by the design review board and approved by the city council.

n. Historic Signage: Existing signs pertaining to any business within the design review overlay district which business is found by the design review board to be of local historical significance are exempt from the provisions of this article.

o. Window Signs (Nonilluminated): Nonilluminated window signs as long as the total window area covered does not exceed twenty five percent (25%) of the total window area of all windows facing public streets.

p. Window Signs (Neon): Neon window signs no larger than four (4) square feet or ten percent (10%) of the window where it is placed, whichever is larger, but no more than two (2) neon window signs per street frontage shall be allowed.

q. Door Signs: Door signs identifying the business and/or indicating business hours, emergency phone numbers, etc., shall be permitted up to a maximum of two (2) square feet.

r. Party Balloons: Latex and mylar style party balloons twenty four inches (24") or less in diameter.

s. Displays: Display of items for sale located at any City approved business site, but not within any landscape area or required parking area, except as a part of a community event.

t. Signs Located Inside Buildings: Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses.

17. Signs On City Owned Property:

a. 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 Zoning Administrator shall deem necessary to carry out the purposes and intent of this article. In the event the permit does not specify a term, the permit shall expire twelve (12) months from the date of issuance.

b. 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 the City Council. The findings of the City Council, after notice to the permittee and due hearing, shall be final.

D. 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 funding methods for future public, private or public/private partnership construction of cooperative business identification and directional signage.

E. Violations And Penalties For Noncomplying Signs: In addition to or in lieu of removal of noncomplying signs by the City as permitted by this article, the Sheriff, Deputy Sheriff, or Zoning Officer sworn as a limited purpose deputy, may issue to the known owner of such sign an infraction citation which shall be an infraction. Such citation shall impose upon the owner a fine of twenty five dollars ($25.00) for the first violation, fifty dollars ($50.00) for the second violation, and one hundred dollars ($100.00) for the third and subsequent violations. Each day a sign continues in violation of this article shall be deemed a separate offense. (Ord. 665, 2-14-2012; amd. Ord. 858, 10-26-2021)

8-2A-9: ADMINISTRATIVE AND BOARD LEVEL APPLICATIONS:

A. Administrative Level Design Review Applications: Shall be scheduled as stipulated in subsection 8-2A-13A of this article. All design review applications shall be reviewed and shall be acted on by the Zoning Administrator, except for those listed in subsection B of this section.

B. Board Level Design Review Applications: Shall be scheduled as stipulated in subsection 8-2A-13A of this article. Design review applications for the following shall be reviewed, and shall be acted on by the Design Review Board, subject to final decision by the City Council:

1. Any application that includes one (1) or more new buildings.

2. An addition to an existing building which is greater than twenty five percent (25%) of its gross floor area.

3. New building facades with material changes.

4. Any addition to an existing twenty thousand (20,000) square foot or larger building.

5. Master sign plans.

6. Any application which can only be approved with suspension or relaxation of some or all requirements found in this article in accordance with section 8-2A-3 of this article.

C. Concurrent Sign And Building Applications: All sign applications (including master sign plans) made pursuant to this article are required to be submitted for review at the time the respective 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. Zoning Administrator Decision: The ultimate decision of whether an administrative level review or board level review will be required shall be determined by the Zoning Administrator. (Ord. 781, 8-8-2017)

8-2A-10: APPLICATION REQUIREMENTS:

Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or otherwise change the use of the building or structure in the Design Review Overlay District, the applicant must file an application, upon a form prescribed by the Council, with the Zoning Administrator. All application materials supplied or presented to the City including presentation boards, materials boards and documentation are part of the public record and shall become the property of the City. The applicant may be required to supply the City with colored photos of the presentation boards if determined by the Zoning Administrator. The size of the photos shall be determined by the Zoning Administrator and the boards may be returned to the applicant if the photos are provided to the City.

Design review applications for any commercial building larger than one hundred twenty (120) square feet shall be prepared by or under the responsible control of a licensed architect, unless exempted under Idaho Code, section 54-309(2), with said plans to be duly stamped to clearly identify the preparer.

Applications shall be accompanied by appropriate architectural and site development plans as may be required by the Zoning Administrator and in accordance with the requirements set forth in this article. The plans shall be legible, to scale and shall include, at a minimum: (Ord. 618, 2-17-2009)

A. Site Plans Showing:

1. Roofline and foundation plan of building, located on the site;

2. Location of existing trees and structures, if any;

3. Location and dimensions of streets and highway designations;

4. Location and dimensions of off street parking and loading facilities;

5. Location and dimensions of points of entry and exit for vehicles and internal circulation patterns;

6. Location of walls and fences and indication of their height and material of construction;

7. Exterior lighting standards and devices including detailed cut sheets and photometric plan (pedestrian, vehicle, security, decoration);

8. Landscape plan;

9. Scale and north arrow;

10. Location and designation of all rights-of-way and property lines.

B. Architectural Plans Showing:

1. Building materials;

2. Four (4) elevations to include all sides of development. Perspectives, models or other suitable graphic materials may be submitted at the option of the applicant and if determined by the Zoning Administrator;

3. Proposed color schemes of entire building, including roof;

4. Site photographs (snapshots) of the site itself and adjacent properties to intersections;

5. Color and texture chips of actual samples of materials may be submitted at the option of the applicant and as may be required by the Zoning Administrator;

6. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and illumination; and

7. Scale drawings showing the placement and size of all roof mounted mechanicals and the screening of such equipment by a parapet wall or within the roof system. (Ord. 462, 11-11-2003)

C. Engineered Grading And Drainage Plans:

1. A generalized drainage plan showing direction drainage with proposed on site retention.

2. Upon submittal of building/construction plans for an approved design review application, a detailed site grading and drainage plan, prepared by a registered professional engineer (PE) or licensed landscape architect (ASLA), shall be submitted to the City for review and approval by the City Engineer.

3. a. Upon the completion of the site grading and drainage structure installation, or other improvements subject to City Engineer approval, a written certification of completion shall be prepared by the registered professional engineer (PE) or licensed landscape architect (ASLA) responsible for the plan. The certification of completion shall state that the installation of all drainage improvements are in substantial compliance with the City approved drainage 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.

b. In the event that deficiencies are present after the site grading and drainage structure installation, or other improvements subject to City Engineer approval, the registered professional engineer (PE) or licensed landscape architect (ASLA) shall prepare and file with the City a report noting the deficiencies in the installation. The City will not accept the certification of completion, or issue a certificate of occupancy, until the registered professional engineer (PE) or licensed landscape architect (ASLA) has verified that the deficiencies have been corrected. (Ord. 618, 2-17-2009)

D. Existing Structures And Sites: Applications involving conversion, remodeling, restoration, renovation, enlargement, or expansion of existing structures or sites shall contain information sufficient in content and detail so that the Design Review Board and/or Zoning Administrator may be assured the applicant complies with the provisions of this article. (Ord. 462, 11-11-2003)

8-2A-12: THE EAGLE ARCHITECTURE AND SITE DESIGN BOOK:

All applications made pursuant to this article shall also be reviewed in accordance with the Eagle Architecture and Site Design Book. (Ord. 462, 11-11-2003)

8-2A-13: DESIGN REVIEW APPLICATION PROCESSING:

A. Design Review Application Scheduling: At least thirty five (35) days prior to action by the Zoning Administrator or Design Review Board, anyone required to comply with this article shall submit their application, together with the required fee, to the Zoning Administrator. The Zoning 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 Zoning Administrator, Design Review Board, or City Council, 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;

c. The actions, if any, that the applicant could take to obtain approval.

2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location:

a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code;

b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site;

c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district;

d. Will not interfere with the visual character, quality, or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features;

e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to 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.

C. Action By The City Council: Upon receipt of the recommendation by the Design Review Board, the City Council shall either approve, approve with supplementary conditions, remand to the Design Review Board for further consideration, or deny the design review application as presented. In lieu of adopting findings as outlined within subsection B of this section, the City Council may adopt the Design Review Board's findings. Within seven (7) calendar days after a decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request. (Ord. 781, 8-8-2017)

8-2A-14: APPEALS:

A. Administrative decisions may be appealed to the Design Review Board. An appeal fee, as may be adopted by resolution of the City Council, shall be required for any appeal. Appeals shall comply with the following:

1. Any such appeal shall be submitted within ten (10) calendar days after the 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. An appeal stays all proceedings in furtherance of the action taken.

2. Within seven (7) calendar days after receipt of an appeal, the Zoning Administrator shall fix a date for the application to be heard and shall notify the appealing party and applicant, if not the appealing party, with no further notification being required.

3. The grounds for the appeal may address, but is not limited to, the following:

a. Inconsistency with the required findings specified within subsection 8-2A-13B of this article;

b. Inconsistency with the purpose and objectives of this article;

c. Lack of nexus between the requirement and the proposal;

d. Discriminatory action;

e. Unwarranted prevention of an allowed land use;

f. Undue interference with the design integrity of the proposal;

g. Prohibition or unwarranted restriction of building type or material;

h. Violation of law.

4. The Design Review Board shall either recommend approval, recommend approval with supplementary conditions, continue for further review, or recommend denial of the design review application as presented and shall adopt findings as required within subsection 8-2A-13B of this article.

5. Upon receipt of the recommendation by the Design Review Board, the City Council shall either approve, approve with supplementary conditions, remand to the Design Review Board for further consideration, or deny the appeal as presented. In lieu of adopting findings as outlined within subsection 8-2A-13B of this article, the City Council may adopt the Design Review Board's findings. Within seven (7) calendar days after a decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request. (Ord. 781, 8-8-2017)

8-2A-15: TERM OF APPROVAL:

A. Any approval given pursuant to the provisions of this article 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 Zoning Administrator if the following findings are made:

a. There are no outstanding City Code or design review conditions of approval violations on the subject property. If such violations exist, they may be conditioned by the Zoning Administrator 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 Code 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 Zoning Administrator reserves the right to revoke the extension of time approval if it is determined that any of the criteria herein are not met.

3. This section does not limit the number of extensions the Zoning Administrator may grant so long as the criteria set forth in subsection A1 of this section are met. (Ord. 756, 8-23-2016)

8-2A-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 Council and shall be determined pursuant to the standards set forth in this article.

A. Administrative Level Approvals: The Zoning 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/Council Level Approvals: The following modifications to an approved design review application shall require approval from the Design Review Board, subject to final approval by the City Council:

1. Any change that may impact an adjoining residential neighborhood.

2. Any requests that, in the opinion of the Zoning 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. Appeal: Any action on a modification to an approved design review application by the Zoning Administrator may be appealed in accordance with section 8-2A-14 of this article.

D. 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. (Ord. 781, 8-8-2017)

8-2A-17: RESTRICTIONS ON OTHER REQUIRED DOCUMENTS:

A. Building/Zoning Permits: The Zoning 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 Zoning Administrator or Design Review Board and is in full compliance with this Code. (Ord. 462, 11-11-2003)

8-2A-18: SURETIES:

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 City Zoning 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 required construction, landscaping and irrigation is complete pursuant to section 8-2A-19 of this article. 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. (Ord. 618, 2-17-2009; amd. Ord. 820, 12-10-2019)

8-2A-19: INSPECTION:

A. When Required: For any development that is the subject of a design review application, the Zoning 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. a. 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.

b. 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 certification of completion, or issue a certificate of occupancy, until the licensed architect has verified that the deficiencies have been corrected.

c. The licensed architect may, at his 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. (Ord. 618, 2-17-2009)

8-2A-20: MAINTENANCE:

A. It shall be the responsibility of the property owner to maintain in a competent and attractive manner in perpetuity all improvements made pursuant to the design review application approval, including, but not limited to, all structures, site furnishings, fences, site and parking lot lighting, street lighting, parking lots, parking lot striping, pathway lighting, landscaping, and drainage and irrigation facilities. (Ord. 756, 8-23-2016)

Eagle City Zoning Code

CHAPTER 2

ZONING DISTRICTS AND MAP

8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS:

C-A COMMERCIAL-AIRPORT: To permit the establishment of a commercial airport which is compatible with property uses in other Eagle area districts.

8-2-2: OFFICIAL ZONING MAP; INCORPORATION BY REFERENCE:

B. Boundaries Of Districts: Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following shall apply:

2. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;

4. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. (Ord. 298, 10-14-1997)

8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:

A. Find the use in one of the land use groups;

B. Read across the chart until either "P" or "C" appears in one of the columns; and

OFFICIAL SCHEDULE OF DISTRICT REGULATIONS

(P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use)

Land Uses

Districts

A-R

R-E

L-O

C-A

C-1

C-2

C-3

CBD

M-1

M-2

M-3

Agricultural:

Agricultural and forest

Dairy farm

Farm

Farmers' markets (outdoor)

Feedlot and stockyard

Horticulture (general)

Horticulture (limited)

Roadside stand (temporary structure)

Turf and/or tree farm

Vineyard

Residential:

Accessory dwelling unit

Boarding or lodging house or dormitory

Home occupation, Class A and B

Home occupation, Class C

Mobile home (single unit) (primary residence)

Mobile home (single unit) (temporary living quarters)

Mobile home court (RV)

Mobile home park

Multi-family dwelling

Planned unit development

Single-family attached dwelling

Single-family dwelling (existing)

Single-family dwelling (new)

Two-family dwelling

Commercial:

Adult business

Airport

Ambulance services

Animal shows or sales

Artist studios

Arts and crafts shows

Auction facility

Automotive body shop

Automotive emission testing facility

Automotive gas station or fuel islands

Automotive gas station/service shop

Automotive, mobile home, travel trailer, and/or farm implement sales

Automotive parts and accessories sales

Automotive repair

Automotive storage

Automotive vehicle vinyl wrap shop

Automotive washing facility

Bakery plant (wholesale)

Banks/financial institutions (no drive-up service)

Banks/financial institutions (with drive-up service)

Bar

Bar, wine/tasting room

Beauty/barber shop

Bed and breakfast facility

Building supply outlet

Cabinet shop

Catering service

Cemetery

Childcare:

Daycare center

Family

Group

Christmas tree sales

Church

Circuses and carnivals

Club or lodge

Coffee roasting facility

Commercial entertainment facilities (indoor)

Commercial entertainment facilities (outdoor)

Communication facilities

Contractor's yard and/or shop

Convenience store with fuel service

Convenience store with no fuel service

Detention facilities

Drive-in theater

Drugstore

Electronic sales, service, or repair shop

Emergency healthcare

Emergency services

Equipment rental and sales yard

Flex space

Food and beverage sales

Hardware store

Health clubs, spas, weight reduction salons

Heliports

Hospital

Hotel

Institution

Kennel

Laboratories

Laundromat

Laundry (with drive-up service)

Laundry (with no drive-up service)

Live entertainment events

Live entertainment events, city sponsored

Microbrewery

Mobile office

Mortuary

Motel

Nonprofit rehabilitation center

Nursery, plant materials

Nursing/convalescent home

Office, business and professional

Office, medical and dental

Parking lot, parking garage

Parking lot, parking garage, commercial

Pawnshops (auto)

Pawnshops (general)

Personal improvement

Personal services

Personal wireless facilities (enclosed building, height - 35' or less)

Personal wireless facilities (enclosed building, height - over 35')

Personal wireless facilities (height - 35' or less)

Personal wireless facilities (height - 36' - 50')

Personal wireless facilities (height - over 50')

Photographic studio

Printing and/or blueprinting

Professional activities

Restaurant (drive-in)

Restaurant (no drive-through)

Restaurant (with drive-through)

Retail sales (general)

Retail sales (limited)

Retail sales (pharmacies and medical)

Riding academies/stables

Shopping center

Shopping mall

Sign shop, including painting

Small engine repair (mower, chain saws, etc.)

Storage (enclosed building)

Storage (fenced area)

Street fair

Subdivision sales office

Tattoo parlors and body piercing establishments

Tire shop, including recapping

Trade fair

Travel services

Truck stop

Upholstery shop

Vet clinic (animal hospital)

Welding, tool shop

Winery

Woodworking shop

Industrial:

Asphalt plant

Automotive wrecking yard or salvage

Beverage bottling plant

Billboard manufacture

Cement or clay products manufacturing

Chemical storage and manufacturing

Concrete batch plant

Dairy products processing

Food processing plant

Fuel yard

Grain storage

Ice manufacture, cold storage

Industry:

Custom

Limited

Research and development

Junkyard

Lumberyard, retail

Machine shop

Manufacturing, furniture

Mobile home manufacturing

Monument works, stone

Oil and gas extraction

Oil and gas post-extraction

Petroleum storage

Planing mill

Public utility yard

Railroad yard or shop

Recycling operation

Rendering plant

Research activities

Sand or gravel yard

Sanitary landfill

Stockyard, slaughterhouse; meatpacking

Terminal yard, trucking

Truck and equipment repair and sales (heavy)

Warehousing, wholesaling plant

Wood processing plant

Public/semipublic:

Golf course and related services

Government building, offices

Library

Museum

Park and recreation facilities

Parking lot, parking garage, government

Portable classroom

Public service facilities

School, public or private

8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:

OFFICIAL HEIGHT AND AREA REGULATIONS

Zoning District	Maximum Height	Minimum Yard Setbacks Note Conditions A To E*				Maximum Lot Covered F And J*	Minimum Lot Area (Acres Or Square Feet) H*	Minimum Lot Width I*
Zoning District	Maximum Height	Front	Rear	Interior Side	Street Side	Maximum Lot Covered F And J*	Minimum Lot Area (Acres Or Square Feet) H*	Minimum Lot Width I*
A	60'	60'	30'	30'	45'	10%	20 acres	100'
A-R	35'	60'	30'	30'	45'	10%	4.7 acres	100'
R-E	35'	50'	30'	20'	35'	15%	1.8 acres	100'
R-1	35'	30'	30'	15'	30'	35%	37,000	100'
R-2	35'	30'	30'	10'	20'	40%	17,000	75'
R-3	35'	30'	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	35'	20'	20'	7.5'	20'	60%	5,000	50'
R-6 to R-10 single-family attached dwellings	35'	20' 10' if alley load	15' 5' if alley load	5' 0' for common wall	20'	N/a	1,600	20'
L-O	35'	20'	20'	7.5'	20'	60%	2,000	25'
C-1	35'	15'	0'	0'	10'	50%	2,000	25'
C-2	35'	0'	0'	0'	0'	92%	1,300	25'
C-3	35'	0'	0'	0'	0'	92%	1,300	25'
CBD	35'	0'	0'	0'	0'	92%	500	25'
M-1	35'	0'	0'	0'	0'	92%	n/a	25'
BP	35'	20'	0'	0'	20'	50%	n/a	25'
M-2	35'	0'	0'	0'	0'	92%	n/a	25'
M-3	35'	0'	0'	0'	0'	92%	n/a	25'
MU	35'	20'	20'	7.5'	20'	50%	5,000	50'