Ordinance - 2011 - 659 - Amend Title 8/Commercial Entertainment Facility - 09/13/2011 ORDINANCE 659
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8
"ZONING", CHAPTER 1 "ZONING INTERPRETATION AND DEFINITIONS", SECTION 2 "RULES
AND DEFINITIONS"; AMENDING TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND
MAP", SECTION 3 "SCHEDULE OF DISTRICT USE REGULATIONS"; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the
laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Title 8 Zoning Ordinance to better define and regulate Bars, Commercial Entertainment Facilities, and
Restaurants; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Eagle City Code Title 8, Chapter 1, Section 2 be and the same hereby is, amended
with the underlined text being added and the strikeout text being deleted to read as follows, with the
remainder of 8-1-2 to remain unchanged:
8-1-2: RULES AND DEFINITIONS:
BAR: An establishment for which a license under title 3, chapter 2, article A, B, and/or C of this code is
required end where the principal business is the sale and consumption of alcoholic beverages to be
consumed on the premises, but not including bars within restaurants.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profitmakg ivy establishment which is
generally related to the entertainment field such as motion picture theaters, performing arts theaters, sports
skating rinks, -health/fitness clubs, recreation clubs, arcades, nightclubs, cocktail lounges and similar
entertainment activities. , the principal business of which is not the sale of alcoholic beverages.
PRINCIPAL BUSINESS: The term "principal business" as such term is used herein, shall be defined as
follows: The business activity carried out by a person or entity at a specific location that is not an
"accessory use". The term"accessory use" as used herein shall be defined as set forth in this section.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are
provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom,
tearoom, and dining room. Bars are allowed within restaurants, whether operated by the restaurateur or by
a separate entity, and shall be allowed under the same use classification as the restaurant when operated
within a restaurant.
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Section 2: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
separable from the remaining provisions in this Ordinance and shall in no way affect the validity of the
other provisions of this Ordinance or Eagle City Code.
Section 3: All prior ordinances or parts thereof, to the extent inconsistent herewith, are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 4: This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho
Code, shall be published once in the official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this /,_3 day of LS e,4h'J e r , 2011.
CITY OF EAGLE, IDAHO
Ada County, Idaho
ill /0 . etri-0-6e_.,
mes D. Reynolds
ayor
,.s' c' OFF ••,••ATTEST: 0.�•.•..•,,•.4. C
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4 A-._. I _ yr SEA L
Sharon K. Bergmann .' �' .'04
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City Clerk/Treasurer '•,,, ;,;D r*
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Tracy Osborn
From: Administrator
Sent: Wednesday, September 21, 2011 3:35 PM
To: Tracy Osborn
Subject: Delivery Status Notification (Relay)
Attachments: ATT6451342.txt; Ordinance 659
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
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rob@sterlingcodifiers.com
i
RIVED tit FILE.` '
CITY OF EAGLE
Valley Times
h 2011
P.O. Box 1790- Eagle, Idaho 83616 Route
LEGAL ADVERTISING PROOF OF PUBLICATION
A"'sntint• .".1- r C_ I
ification: 0-•d.-kta K KO • .C 9
ORDINANCE 659
Dates: 9 -"U1 a(7 (1
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO. AMENDING 1111E 8
"ZONING",CHAPTER 1"ZONING IN IERPRETATION AND DEFINITIONS",SECTION 2"RULES
AND DEFINITIONS";AMENDING TITLE 8'ZONING",CHAPTER 2"ZONING DISTRICTS AND
MAP", SECTION 3 "SCHEDULE OF DISTRICT USE REGULATIONS"; PROVIDING A /� (j .
SEVERABI,ITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. ter Lines I j Amount
WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under the
laws of the State of Idaho;and
WHEREAS,pursuant to Chapter 65,Title 69,Idaho Code,the City of Eagle has the authority to
adopt,establish and amend a Zoning Ordinance and
WHEREAS,the Mayor and Council have ddermined that good cause exists for amending the
rank Thomason, being duly sworn, deposes
ER
Title 8 Zoning Ordinance to bettor define and regulate Bars,Commercial Faterndstment Facilities,and and says: That he is the Principal Clerk of
Restaurants;and ey Times, a weekly newspaper published at
NOW,THEREFORE,BE TT ORDAINED BY THE MAYOR AND CITY COUNCI.,OF THE le, Ada County, State of Idaho; that the said
CITY OF EAGLE,Ada County,Idaho; 3wspaper is in general circulation in the said
;ice: That Eagle City Code Title 8,Chapter I,Section 2 be and the same hereby is,amended ounty of Ada, and in the vicinity of Meridian,
with the underlined Wet being added and the strikeout text being deleted to read as follows,with the
remainder of8-1-2 to remain unchanged: 3r, and Eagle, and has been uninterruptedly
published in said County during a period of
8-1-2:RULES AND DEFINITIONS: 141-eight consecutive weeks prior to the first
BAR:An establishment for which a license under tide 3.chanter 2.article A.B,and/or C of this code is
required and where the principal business is the sale and coasumritimr.of alcoholic beverages Is-be m of this notice, a copy of which is attached
ou Premises but t,ot�tudi�b.-�withi�reatauraera• hereto, and that the notice was published in
COMMERCIAL ENTERTAINMENT FACT iTIES:Any airy whit,is
Iy Times, in conformity with Section 60-108,
seurnilly related to the„tensinnim fiela Idaho Code, as amended, for I time(s)
regular and entire issue of said paper, and
rinted in the newspaper proper, and not in a
the., �nrigciival business of which is not the sale of alcoholic beverages.
plement; and that said notice was published
PRINCIPAL BUSINESS: The temt'brinciaal business"as such term is used herein.shall be defined as on the following dates:
: LE L,' •. • ,."„ ., ,� ••••'‘ ;-••' eginning S 44,a.t kw z4 20 t
"accessory use".The tern"accessory use"as used herein shall be defined as act forth is this secito&
RESTAURANT:Any land,building or part thereof, other than a boarding house, where meals are
provided for compensation,including,among others,such uses as cafe,cafeteria,coffee shop,lunchroom, CCC
tearoON,and dmlag room. �� L • J_i t 1,:, -_ ,.• t ", -_u�t - ' nil g Vw�(
- fie X4/ 2.01
within,tstau,n6
: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law,then such provision shall be null and void and shall be deemed
separable from the remaining provisions in this Ordinance and shall in no way affect the validity of the STATE OF IDAHO)
other provisions of this Ordinance or Eagle City Code.
S prior All p ordinances or pans thereof,to the extent extent inconsistent h ith,are hereby )SS
repealed and shall,to the extent of such inconsistency,have no further force or effect. >' /J �� COUNTY OF ADA)
,44' day of in the year of 2011
&IOW a; This Ordinance,or a aunneaty thereof in ermplienee with Sum SO-901A, o e me, a !Votary Public, personally appeared
Code,shall be published once in the official newspaper of the City,and shall tame effect immediately
rY Pe Y PP
upon.its rime,anal,and publication. , known or identified to me to be the person
lame is subscribed to the within instrument,
/� L ng by me first d ly sworn, declared that the
Adopted by the Eagle City Council,Eagle,Idaho,on this/'J day of I3e ,2011- !//r�ein are true, at ac nowledged to me that
CITY OF EAGLE,IDAHO / /; executed the same.
Ada County.Idaho (�( .
Notary Public for Idaho
D.eynodds Resi ' ;t 1 lam(7, ID
D.R My Commission expires:
6..;t1 OPtio
ATTEST: Gonacsa4 <01 O
EALe-
Shama IC.Bergmann a ,` �O
City Clerk/Treasurer " FIDD