Ordinance - 1997 - 312 - Amend Title 3 Business License Regs - 11/25/1997ORDINANCE # 312
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY CODE, TITLE
8 "ZONING", CHAPTER 7, "ZONING ADMINISTRATION AND ENFORCEMENT', SECTION 8, "NOTICE
REQUIREMENTS".
WHEREAS, The City of Eagle proposes to amend public notice requirements for regulations related to
Comprehensive Plan Land Use Map amendments and/or Zoning Ordinance Map amendments and to amend or
provide other criteria related to public notice requirements .
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as
follows:
Section 1: Eagle City Code Section, is amended to delete the strike -through text and add the underlined text follows:
8-7-8: NOTICE REQUIREMENTS:
A. Public Hearings: On every land use action for which notice is proved below, both the Planning and Zoning
Commission and the City Council shall hold a public hearing in which interested persons shall have an
opportunity to be heard. No notice of a City Council hearing shall be given prior to receiving a
recommendation from the Planning and Zoning Commission. Following any hearing, if a material change
from what was advertised in the notice and presented at the public hearing is proposed, further notice and
hearing shall be provided before the fmal decision is made.
B. Published and Mailed Notice for Comprehensive Plan and Zoning and Subdivision Ordinance Text
Enactments, Amendments, and Repeals: At least fifteen (15) days prior to each hearing, notice of the time
and place of the hearing and a summary of the proposed action shall be published in the official newspaper
or paper of general circulation within the City. Notice shall also be made available to other papers, radio,
and television stations serving the City for use as a public service announcement. Notice shall be sent to all
political subdivisions providing service within the City, including school districts, at least fifteen (15) days
prior to the public hearing.
C. Published and Mailed Notice for Comprehensive Plan Land Use Map Amendment, Zoning Ordinance Map
Amendment, Development Agreement, Conditional Use Permit, Variance, Planned Unit Development,
And Subdivision: At least fifteen (15) days prior to each hearing, notice of the time and place of the
hearing and a summary of the request and proposed action shall be published in the official newspaper or
paper of general circulation within the City. Notice shall also be made available to other papers, radio, and
television stations serving the City for use as a public service announcement.
At least fifteen (15) days prior to the hearing, additional notice shall be provided by mail to political
subdivisions providing services, including school districts, and to property owners and purchasers of record
of the land being considered, of land within three hundred feet (300') of it, and of any additional area that
may be impacted by the proposed change as determined by the Zoning Administrator or Planning and
Zoning Commission. When notice is required to two hundred (200) or more property owners or purchasers
of record, in lieu of the mail notification, three (3) notices in the official newspaper or paper of general
circulation is sufficient; provided, that the third notice appears ten (10) days prior to the public hearing.
D. Posted Notice: Except as noted within this naragranh. Any time notice is required under subsection C
above, the land being considered shall be posted not less than ten (10) days prior to the Planning and
Zoning Commission hearing and again not less than ten (10) days prior to the City Council hearing. For
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Comprehensive Plan Land Use Man Amendments and/or Zoning Ordinance Man Amendments consisting
of changes to more than ten (10) parcels of land Hosted notice shall not be required unless all parcels under
request for amendment are contiguous and if the parcels abut a public right-of-way. In such cases a
minimum of one four foot by eight foot (4' x 8') plywood sign shall be placed adiacent to the right of way.
Otherwise. three (3) notices in the official newspaper or paper of general circulation. with the third notice
appearing a minimum of ten (10) days prior to the public hearing. shall be published. The notice shall
include a 6" x 6" minimum size graphic representation showing the proposed Land Use Map or Zoning
Ordinance Man amendments. Except as noted herein, Pposting of the property
mandatory must be in substantial compliance with the following requirements:
1. Signage Requirements:
a. The sign(s) shall consist of four foot by four foot (4'x4') plywood or other hard surface
mounted on two (2) four inch by four inch (4"x4") posts in such a manner that it is perpendicular to the
roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the
ground.
b. Centered at the top of the four foot by four foot (4'x4') sign board(s) in six inch (6") letters
shall be the words "Public Notice". In addition, each sign will inform the public of the name of the
applicant, and if applicable, the proposed development, the date, time, place, and nature of the public
hearing and a summary of the proposal to be considered. Each sign shall be painted white and the letters
shall be painted black and shall appear on both sides. An example of this sign is listed below.
Size = 6 inches
Size = 2 inches
Size = 1.5 inches
Size = 1.5 inches
Size = 1.5 inches
Size = 1.5 inches
PUBLIC HEARING NOTICE
Eagle Planning and Zoning Commission
THE CITY OF EAGLE will hold a public hearing on May 9, 1995,
at the Eagle City Hall.
PURPOSE: Annexation and Zoning- You -Name -It Subdivision -
Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots, single
family dwelling, 1 lot open space/drainage w/ landscaped entryway.
LOCATION: SW corner of Second St. and State St.
APPLICATION BY: Average citizen, USA, Inc.
c. In lieu of the above conditions, for conditional use permit applications made pursuant to
Section 8-3-2E (Mobile home - temporary living Quarters) of this Title only, the sign shall
consist of one eleven inch by seventeen inch (11" x 17") sign on paper or other material and
lettering sufficient to inform the public of the name of the applicant, and, if applicable, the
proposed development, the date, time, place, and nature of the public hearing and a summary
of the proposal to be considered.
2. The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The
signs shall be located on the property outside of the public right of way, if they can be so located and
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remain clearly visible form the roadway; otherwise, the consent of the owner of the right of way must be
obtained and the sign(s) located therein. Except as noted herein. Iif the land being considered consists of
more than one parcel of record, a sign must be located upon each parcel. The Zoning Administrator, upon
fmding that adequate notice will be provided, may not require all signs to comply with the size
requirements of subsection D1 above. In the event that the land being considered includes properties with
five hundred feet (500') or more of road frontage, a sign shall be placed on each end of the project road
property roadway frontage angle*. If this property includes a comer lot, three signs shall be posted, one on
the comer and one on each end of the property roadway frontages.
3. The applicant shall submit a certification to the City Clerk no later than seven (7) days prior to the
hearing as to what, where, and when sign(s) were posted. Unless the certification is received by such date,
the hearing will be canceled.
4. No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) must be
removed. A penalty of twenty five dollars ($25.00) per day shall be imposed against each applicant for late
removal of the signs. (Ord. 270, 5-29-1996)
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.
DATED this /0 day of i i rt 1998
ATTEST:
(L&
-/ City Cl k
(SEAL)
CITY OF EAGLE
Ada Co • , Idaho
Mayor v zagu
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The West Ada Express, 332 W. State St., Eagle, Idaho
Affidavit of PublAtion
83616
e
STATE OF IDAHO
} SS.
Copy of Notice
(First Copy)
_ . . PRDINANCE' 3U
ORDINANCE OF TIm ~oP BAGLB.ADA COUNTY, IDAHO, AMEND-
ING EAGLE aTY CODE. .1ftLE3, "BUSINESS AND UCENSE REGULA-
TIONS", CHAl'TER2,"l.IQlJdR CONTROL", ARTICLE C. "LIQUOR BY THE
~RINK",SECl10N 8, ''FORM, EXPIRATION, RENEWAL. AND TRANSFER OF
LICENSE:".
Section 1:
~d as follows:
Scott Crosby . beiq . 3-2C-8: FORM, EXPIRATION, RENEWAL, AND TRANSFER OF !
d d 'LICENSE: Every license issued under this Article shall be issued by the City Clerk
eposes an says: I .. .. .
Th I h Managing Editor f WEST AJ upon dIrection of the CIty CouncIl and shall set forth the name of the person to whom
~t am t e . . 0 ~'iSSUed' the location, by street and number or other definite designation., of the
tWIce weekly newspaper publIshed at Eagle, In the County of . premises, and such other information as the City Clerk deems necessary. If issued to
Idaho; ~hat sai~ newsp~~e~ has been and is in general.circulati,~~rshiP, the names of the persons constituting the partnership shall be set forth.
::~::~:~d~:;e~~,n ~~: ;~c~~~~e~fi~::~~; ~::s~:p:~::~~s:m::;~ 1 :o~;~:~;;:';;,ia~ ~::;~~t :e:;:r:~T~:::: :~
~onsecutive weeks in the regular and entire issue of said pa~ ~y ;diapla)'ellq .'ylace of ItusiDess at. all times. Every license issued
and time of publication, and was published in the newspaper PI . ..... . '. . - ..
supplement; that said paper has been established and regularly; ~f,rfU~ns ,fthis Articles is separate and distinct. and no person except the
than seventy-eight consecutive weeks prior to the date of first ~ lIcensee ffieremnamed, except as h';I\:ill uLhawi:.1: provided, shall exercise any of
advertisement. ~~~~l~~es:~~~r:n:~~
COUNTY OF ADA
Ordinance # 312
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
That section 3-2C-8, Eagle City Code, be, and is hereby, amend-
Such notice was published in the issue beginning with
19 97 . and ending with the issue of December 5
1997
X ~MlU ~
December 5
STATE OF IDAHO )
)
COUNTY OF ADA )
)
On this 23 th day of December in the year of 1997 before me, a Notary
Public, personally appeared Scott Crosby . 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 statements therein are true, and
acknowledged to me that he/she executed the same.
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My Commission expires
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SUMMARY OF CHARGES
West Ada Express
Eagle, Idaho
Number of Lines ................ 58 Lines
Number of Insertions .............
58
..... .$
..... .$
8700
Lines @ $ 1.50
Lines @
TOTAL COST
WILL BE .......... . . . . . . . . . . .$
87.00
NO.
L-237 E