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Ordinance - 2004 - 478 - Amending Title 8, Live Entertainment Events - 08/11/2004ORIGINAL ORDINANCE # 478 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 1 "ZONING INTERPRETATIONS AND DEFINITIONS", SECTION 2, RULES AND DEFINITIONS", AND CHAPTER 3 "PERFORMANCE STANDARDS", SECTION 5 "UNIQUE LAND USES"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, the City of Eagle finds that regulating temporary cultural events which promote the rural agricultural heritage of the Treasure Valley, and modifying or removing certain outdated unique land uses from the ordinance is in the best interest and general welfare of the City: and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: Eagle City Code Title 8 "Zoning", Chapter 1 "Zoning Interpretation and Definitions", Section 2 "Rules and Definitions" is amended to add the underlined text as follows: LIVE ENTERTAINMENT EVENTS: Temporary concerts and other cultural events lasting less than seven (7) days or ongoing occasional events such as barn dances, square dances, weddings and receptions; temporary events such as corn mazes. hayrides. retail numokin patches and netting zoos lasting less than forty-five (45) days per calendar year. Section 2: Eagle City Code Title 8 "Zoning", Chapter 3 "Performance Standards", Section 5 "Unique Land Uses", is amended to add the underlined text and delete the strikethrough text as follows: A. Accessory Building: 1. Will not be located in any required front or street side yard area; 2. Accessory buildings less than one hundred twenty (120) square feet in area and less than seven feet (7') in height are permitted in any rear or interior side yard area; and 3. Accessory buildings one hundred twenty (120) square feet in area or larger shall comply with the minimum setbacks as required in section 8-2-4 of this title and shall be limited to a maximum height of twenty two feet (22'` twenty-five feet (25'). Page 1 of 1 K:\COUNCIL\Ordinances\Ord 478.doc E. Beatheuse: wit}' ore c a XiniwAfrom the nawral ki* •r, atef Section 3: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be published. Approved and adopted this 11th day of August, 2004. 11, Mayor ancy C A'l'1FST: ODPSharon K. Bergmann, Eagle City Clerk 1' G• 0,0R4T .... ..: .. .*: e : • • :: SEAL q:.,,,,,,.._):;:::?:os.i. Page 2 of 2 K:\COUNCIL\Ordinances\Ord 478.doc 1" 4 r Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION ORDINANCE # 478 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING > Z 3 - lJ "( EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 1 "ZONING INTERPRE- TATIONS AND DEFINITIONS", SECTION 2, RULES AND DEFINITIONS", AND CHAPTER 3 "PERFORMANCE STANDARDS", SECTION 5 "UNIQUE LAND USES"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC- } �' Amount ' TIVE DATE. RI..GEI' EU & FILED ' CITY OF EAGLE AUG 2 6 2004 File' Route tn. D r L(Aa n cc_ Wo (.4.-71C WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, the City of Eagle finds that regulating temporary cultural events which promote the rural agricultural heritage of the Treasure Valley, and modifying o removing certain outdated unique land uses from the ordinance is in the best interest and general welfare of the City: and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: Eagle City Code Title 8 "Zoning", Chapter 1 "Zoning Interpretation and Definitions", Section 2 "Rules and Definitions" is amended to add the under- lined text as follows: LIVE ENTERTAINMENT EVENTS: Temporary concerts and other cultural events lasting less than seven (7) days or ongoing occasional events such as barn dances, square dances, weddings and receptions, temporary events such as corn mazes, hayrides, retail pumpkin patches and petting zoos lasting less than forty-five (45) days per calendar year. Section 2: Eagle City Code Title 8 "Zoning", Chapter 3 "Performance Standards", Section 5 "Unique Land Uses", is amended to add the underlined text and delete the strikethrough• text as follows: A. Accessory Building: 1. Will not be located in any required front or street side yard area; 2. Accessory buildings less than one hundred twenty (120) square feet in area and less than seven feet (7') in height are permitted in any rear or interior side yard area; and 3. Accessory buildings one hundred twenty (120) square feet in area or larger shall comply with the minimum setbacks as required in section 8-2-4 of this title and shall be limited to a maximum height of :.; ... l .. f22') twenty-five feet (25'). E. Berathouset -Wil a\: J... Let-, 2. Will b,, s..t ... :.... °� L J / I ..t... J...."S.," .f. ,. IL., "J, ..... `�`�-tL„ L;a11 „ . eu . f,.,. (IT) If,,...� .....".. 3. 7.CI:... I. .. Z....., L., 4- A11 "✓. .. .� \ : .: C rtt (15'), - VA 5I ..✓. .. j. L.—LAI 900) ,� f t ... 1.. . C. 1' XII I tJ .., ✓ u........ %i (Iv) Section 3: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be published. Approved and adopted this 11th day of August 2004. Mayor Nancy C. Merrill ATTEST: Sharon K. Bergmann, Eagle City Clerk iason, being duly sworn, deposes r That he is the Principal Clerk of a weekly newspaper published at Junty, State of Idaho; that the said s in general circulation in the said da, and in the vicinity of Meridian, gle, and has been uninterruptedly i in said County during a period of .onsecutive weeks prior to the first iotice, a copy of which is attached id that the notice was published in in conformity with Section 60-108, ie, as amended, for time(s) and entire issue of said paper, and ,he newspaper proper, and not in a and that said notice was published on the following dates: c_ z3 y 23 )01 STATE OF IDAHO ) )SS COUNTY OF ADA ) ly of in the year of 2004 Notary Public! personally appeared or identified to me to be the person subscribed to the within instrument, ie first du -wom, d Glared that the true, - • • = cknowged to me that ecuted the same. Notary Public for Idaho Re iding at Boise, ID mission expires: , 4- X06