Ordinance - 2001 - 378 - Define Central Sewer System - 09/18/2001ORIGINAL
ORDINANCE NO. 378
AN ORDINANCE ADDING EAGLE CITY CODE SECTION 8-1-2 TO DEFINE
CENTRAL SEWER SYSTEM; AMENDING SECTION 8-2-1 TO REQUIRE
CENTRAL WATER AND SEWER FACILITIES IN ALL ZONES EXCEEDING ONE
UNIT PER TWO ACRES (R -E); AMENDING SECTION 8-3-5 (A)(2) TO CHANGE
THE MINIMUM SETBACK AND HEIGHT REQUIREMENT FOR ACCESSORY
BUILDINGS LESS THAN 120 -SQUARE FEET IN AREA; ADDING SECTION 8-3-5
(A)(3) TO REQUIRE ACCESSORY BUILDINGS 120 -SQUARE FEET IN AREA OR
LARGER TO COMPLY WITH THE SETBACKS AS REQUIRED IN EAGLE CITY
CODE SECTION 8-2-4 AND ESTABLISHING A MAXIMUM HEIGHT; 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 Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: That Section 8-1-2, Eagle City Code, be and the same is hereby amended with
underlined text being added to read as follows:
CENTRAL SEWER SYSTEM: Any system that receives blackwaste or
wastewater in volumes exceeding twentv-five hundred (2,500) gallons per dav:
any system which receives blackwaste or wastewater from more than two (2)
dwelling units or more than two (2) buildings under separate ownership.
Section 2: That Section 8-2-1, Eagle City Code, be and the same is hereby amended with
strike -through text being deleted and underlined text being added to read as follows:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various
residential neighborhoods. 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 units/developments are prohibited in R-1, R-
2, R-3, R-4 and R-5 Zoning Districts. Centralized water and sewer facilities are
required for all subdivision and lot split applications submitted after the effective
date hereof in all districts exceeding one dwelling unit per acre (R 1) two (2)
acres (R -E).
Page 1 of 2
K \COUNCIL\OrdinanceslOrd 378.doc
Section 3: That Section 8-3-5-(A)(2), Eagle City Code, be and the same is hereby
amended with strike -through text being deleted and underlined text being added to read
as follows:
A. Accessory Building:
1. Will not be located in any required front or street -side yard area; and
2.
14+e. Accessory buildings less than 120 square feet in area and less than
seven feet (7') in height are permitted in any rear or interior side yard area.
3. Accessory buildings 120 -square feet in area or larger shall comply with
the minimum setbacks as required in Eagle City Code Section 8-2-4 and shall
be limited to a maximum height of twenty-two feet (22').
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.
DATED this �o day of
CITY OF EAGLE
Ada Co , Ida o
Mayor Rick Yz
ATTEST:
`Sharon Moore, Eagle City C rk
, 2001.
WO
Page 2 of 2
K:\COUNCIL\Ordinances\Ord 378.doc
Account #
116026
Ordered by:
The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040 FH .
LEGAL ADVERTISING PROOF OF PUBLICATKte to.
RECEIVED & FILED
CITY OF EAGLE
OCT 03 2001
DTI# Identification
535196 ORDINANCE 378 $137.00
TRACY
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
P.O. # Rate
TT
Run Dates
September 29, 2001
Number of Lines
67 X 2
Affidavit
Legal #
1 11613
JANICE HILDRETH, being duly swom, 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
1-7 consecutive weekly X single
r7 consecutive daily odd skip
insertion(s)
beginning with the issue of: SEPTEMBER 29 , 2001
and ending with the issue of: SEPTEMBER 29 , 2001
STATE OF IDAHO )
)ss
COUNTY OF ADA )
On this 1 day of
OCTOBER 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.
Notary Public for Idahfo
Residing at: Boise, Idaho
My Commission expires:
LEGAL NOTICE
ORDINANCE NO. 378
AN ORDINANCE ADDING EAGLE CITY CODE SECT1ON 8-1-2 TO DEFINE CENTRAL
SEWER SYSTEM; AMENDING LLONES�EOXCEEDING ONE UNIT PEE R TTWWOLACRES(R-EE ;
AND
SEWER
QSECTIONES 8-3-5 (A112) TO CHANGE THE MINIMUM SETBACK
HEIGHT
IN AREA; ADDING SECTION8-ACCESSORYA( ) TO REQUIRE ACCESSORY BUILDINGS
120 -SQUARE FEET IN AREA OR LARGER1O COMPLY WITH THE SETBACKS AS
REQUIRED IN EAGLE CITY CODE SECTION 8-2-4 AND ESTABLISHING A MAXIMUM
HEIGHT; 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
authority
rmor tyRio adopt, establish and amend 65, Zoning Title Ordnance; aIdaho nd
the City of Eagle has the
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OFZoning Ordinance.
EAGLE, ADA COUNTY, IDAHO, as follows
Section 1: That Section 8-1-2, Eagle City Code, be and the same is hereby amended
with underlined text being added to read as follows:
CENTReAL SEWExcee in R SYSTEM: h n oil stem
that
receives
e l eiv s blaer kavas e or wa e - ter in vol-
mes
receives • ac aste or w•s ewa -r om more an t o N • e in: un • or more than
two but din _ s under se ' arate owners
Section 2: That be and Section
?Eagle Code,
the hereby
amended
with stnke-through text bengdeted and underlined txt bein8 added to read as follows:
R RESIDENTIAL DISTRICT: To provide regulations and distracts for various residential
o the
following the R. The numeral dessiignates theaaccording be determined
mximum number of dwellingnumeral
units per
acre. Multi -family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 Zon-
ing Districts. Centralized water and sewer facilities are required . all ���bd'nrision and
allstricts exceeding
one dwelling unit per aere-(R-11. Nrantar
Section 3: That Section 83-5-(A)( ), agle dy Code, be and the same is hereby
amended with strike -through text being deleted and underlined text being added to read as
follows:
A. Accessory Building:
1. Will not be located in any required front
2.
yard area; and
halo,,, arm ed in adv r armor side vard area.
3. Accesso buddna_120-sru•r fee in area or Iar_er h
se'rac s as rewired in a:Ie ore ection : -4 an• s
hei: t . -n� if
Section 3: The provisions of this ordnance are hereby declared to be severable and
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 passage,
approval,arand thereofin compliancewithSebction 50-901A,fiepublication
Code,mayf eentre be published. a
DATED this 18th day of September, 2001.
CITY OF EAGLE
Ada County, Idaho
Mayor Rick Yzaguirre
ATTEST: Sharon Moore, Eagle City Clerk
Pub. Sept. 29, 2001
a
I com
mite
the minimum
o a maximum
11613