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Ordinance - 2001 - 392 - Amending Title 9/Definition Of Subdivision - 04/24/2001ORIGINAL ORDINANCE NO. 392 AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 9 "LAND SUBDIVISIONS" CHAPTER 1 "GENERAL SUBDIVISION PROVISIONS", SECTION 6 "RULES AND DEFINITIONS", DEFINITION OF SUBDIVISION, PARAGRAPH A; PROVIDING A SEVERENCE CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Eagle proposes to amend Eagle City Code Section 9-1-6 (Definition of Subdivision, Paragraph A) to not allow property line adjustments to increase the number of lots in any block of a recorded plat but allowing the number to be decreased or remain unchanged. THEREFORE BE IT ORDAINED BBY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: The Eagle City Code Section 9-1-6 (Definition of Subdivision, Paragraph A), be, and the same hereby is, amended to read as follows: SUBDIVISION: The result of an act of dividing an original lot, tract or parcel of land into more than two (2) parts for the purpose of transfer of ownership or development, which shall also include the dedication of a public street and the addition to, or creation of, a cemetery. Subdivisions shall be divided into "minor subdivisions", "major subdivisions" and "large-scale developments", as those terms are defined in this Section. However, this Title shall not apply to any of the following: A. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not increase the original number of lots in any block of the recorded plat; Section 2: 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 3: 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. Page 1 of 2 K\COUNCIL\Ordinances\Ord 392.doc n Dated this aJL day of _gen I , 2001. CITY OF EAGLE Ada County, Idaho Mayor Rick if zag i irre ATTEST: (2.4...41,_..- City L L41,_.. -City lerk (SEAL) Page 2 of 2 K\COUNCII.\Ordinances\Orel 392.doc LEGAL NOTICE ORDINANCE NO. 392 AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 9 "LAND SUBDIVI- SIONS" CHAPTER 1 "GENERAL SUBDIVI- SION PROVISIONS", SECTION 6 "RULES AND DEFINITIONS", DEFINITION OF SUBDIVISION, PARAGRAPH A; PROVID- ING A SEVERENCE CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Eagle proposes to amend Eagle City Code Section 9-1-6 (Defi- nition of Subdivision, Paragraph A) to not allow property line adjustments to increase the number of lots in any block of a recorded plat but allowing the number to be decreased or remain unchanged. THEREFORE BE IT ORDAINED BBY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: The Eagle City Code Section 9-1-6 (Definition of Subdivision, Paragraph A), be, and the same hereby is, amended to read as follows. SUBDIVISION: The result of an act of dividing an more thantwo (2)parts parcel land for the purpose of transfer of ownership or develop- ment, which shall also include the dedication of a public street and the addition to. or creation of, a cemetery. Subdivisions shall be divided into "minor subdivisions", "major subdivisions" and "large-scale develop- ments". as those terms are defined in this Section. However, this Title shall not apply to any of the following: A. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building set- back lines of each building site below the minimum zoning requirements, and does not increase the original number of lots in any block of the recorded plat: Section 2: The provisions of this ordi- nance are hereby declared to be severable and if any provision of this act or the appli- cation of such provision to any person or circumstance is declared invalid for any rea- son, such declaration shall not affect the validity of remaining portions of this ordinance. Section 3: 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 com- plianceaybe published. Section 50-901A, Idaho Code, mDated this 24th day of April, 2001. CITY OF EAGLE Ada County, Idaho Mayor Rick Yzaguirre ATTEST: Sharon Moore, City Clerk Pub. May 5, 2001 10322 Account # DTI# 116026 Ordered by: The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICA Identification 444143 ORDINANCE 392 P.O. # Rate SHARON MOORE CITY OF EAGLE 310 E. STATE ST. EAGLE, ID 83616 NT Run Dates to. Amoun May 5, 2001 Number of Lines 73 Affidavit $64.32 Legal # 1 10322 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: ONE consecutive weekly consecutive daily insertion(s) beginning with the issue of: and ending with the issue of: STATE OF IDAHO COUNTY OF ADA X single odd skip MAY 5 , 2001 MAY 5 , 2001 ) )ss ) On this 7 day of MAY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. ke,_ (_/'-7.)16/6L-ro Notary Public for Idaho Residing at: Boise, Ida My Cr,imission expires: v.. 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