Ordinance - 2001 - 372 - Subdivision Procedure - 03/13/2001ORIGINAL
ORDINANCE NO. 372
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, RELATING TO
SUBDIVISION PROCEDURE; AMENDING SECTION 9-1-6, EAGLE CITY CODE, TO
AMEND THE DEFINITION OF A SUBDIVISION; AMENDING SECTION 9-2-8,
EAGLE CITY CODE, TO NARROW THE APPLICABILITY OF THE LOT SPLIT
PROCEDURE; 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 to amend the definition of a subdivision and to narrow the
applicability of the lot split procedures.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
ADA COUNTY, IDAHO, as follows:
Section 1: That the definition of Subdivision, found in Section 9-1-6, Eagle City Code,
be, and the same is hereby, amended to read as follows:
9-1-6: SUBDIVISION: The result of an act of dividing any lot, tract or parcel of
land into two (2) or more 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 change the original number of lots
in any block of the recorded plat;
B. An allocation of land in the settlement of an estate of a
decedent or a court decree for the distribution of property;
C. The unwilling sale of land as a result of legal condemnation as
defined and allowed in the Idaho Code;
D. Widening of existing streets to conform to the Comprehensive
Plan;
Page 1 of 3
K.ICOUNCILIOrdinancesl0rd 372 doc
E. Acquisition of street rights of way by a public agency in
conformance with the Comprehensive Plan; and
F. The exchange of land for the purpose of straightening
property boundaries which does not result in the change of
present land usage.
Section 2: That Section 9-2-8, Eagle City Code, be, and the same is hereby, amended to
read as follows:
9-2-8: LOT SPLITS: Any time that an Original Parcel of Land is divided or
partitioned into not more than two (2) lots, parcels, or sites for the purpose
of transfer of ownership or development the following application process
and procedures shall be followed:
A. Application: An application for lot split on a form
provided by the Zoning Administrator shall be submitted to
the Zoning Administrator and shall contain, at a minimum,
the following information:
1. Name, address, telephone number of the
applicant
2. Legal Description of property and proof of
ownership or agency.
3. Description of existing use.
4. Zoning district.
5. Description of lots after proposed lot split.
6. Description of proposed use.
7. Documentation of the permission of the
owner of the parcel to be split.
B. Procedure: Prior to approving an application under this
Section 9-2-8, the City Council shall make the following
findings:
1. The minimum requirements under the City
Code for acreage, density, lot area and
setback lines have been complied with;
2. The proposed lot split is in conformity with
the Comprehensive Plan; and
3. The proposed lot split is in the public
interest and will not adversely impact
adjoining property interests.
Page 2 of 3
K:\COUNCIL\Ordinances\Ord 372 doc
C. Notice: Within ten (10) days after a decision has been
rendered, the Administrator shall provide the applicant with
written notice of the action on the request.
Section 3: That 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 and be in force upon its passage, approval, and publication.
DATED this 1`? day oftitly; , 2001.
ATTEST:
`City Clerk 1
tsa
(S E �`-" Olt kt
1 9*
0R4 1►
CITY OF EAGLE
Ada County, Idaho
Bv:
Page 3 of 3
K .COUNCIL`.Ordinances,Ord 372 doc