Ordinance - 2022 - 888 - Amending Title 8, Chapter 7, Section 8 "Noticing Requirements" - 11/09/2022 ORDINANCE NO. 888
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 8
"ZONING",CHAPTER 7"ZONING ADMINISTRATION AND ENFORCEMENT", SECTION
8 "NOTICE REQUIREMENTS"; 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
Eagle City Zoning Code to update the public hearing notice requirements; and
WHEREAS, the proposed changes to the Eagle Zoning Code are in accordance with the City of
Eagle Comprehensive Plan;
WHEREAS, it is the intent of the Eagle City Council to provide Eagle citizens with sufficient and
appropriate notice for all public hearings; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 8, Chapter 7, Section 8, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
8-7-8: NOTICE REQUIREMENTS:
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting within six (6)
months of the application submittal date for comprehensive plan amendments, annexations,
rezones, variances, conditional uses, zoning ordinance map amendments, and subdivisions. A
neighborhood meeting shall not be required for City initiated applications.
1. Meeting Requirements:
b. The purpose of the neighborhood meeting is for the applicant to provide project
information to the property owners or purchasers of record mentioned in subsection B!a of this
section.
(2) The meeting shall be held either on the application property at the nearest public
meeting ^ce, or at an office space location with suitable meeting facilities if such facilities are
located within the city of Eagle area of impact planning boundary as identified within the
comprehensive plan.
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E. Posted Notice: Except as noted within this subsection, any time notice is required under
subsection D of this section, the land being considered shall be posted not less than ten (10)
calendar days prior to the planning and zoning commission hearing and again not less than ten(10)
calendar days prior to the city council hearing. For comprehensive plan land use map amendments,
and/or zoning ordinance map amendments consisting of changes to more than ten (10) parcels of
land posted 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(1) four
foot by eight foot (4' x 8') plywood sign shall be placed adjacent 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) calendar days prior to the public hearing, shall be published.
Posted notice shall not be required for City initiated applications. Except as noted herein, posting
of the property must be in substantial compliance with the following requirements:
1. Signage Requirements:
c. Size Of Signs for Conditional Use Permits Made Pursuant to Subsections 8-3-2 (E), 8-5-
2 (C), and 8-7-3-1 (C): In lieu of the above conditions;required within this section
use—permit—applications made--pursuant—to bseetion 8 3 2Eothis tTtle—o ly, the Zoning
Administrator may, upon finding that adequate notice will be provided, consist-of-efts� l
(1) eleven inch by seventeen inch (11" x 17") sign permit the use of smaller, weather-resistant
sign(s) sufficient to inform the public of the name of the
applicant, and -if-applicable; , the date, time, place, and nature of the
public hearing and a summary of the proposal to be considered.
2. Location Of Signs: 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 remain clearly visible from 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, if the land being considered consists of more than one parcel of record, a sign
must be located upon each parcel. The Zon;ng A dministrate n finding th t adequate notice
of-this-section, 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 property roadway
frontage. If this the property includes a corner lot,three(3)signs shall be posted,one on the corner
and one on near each end of the property roadway frontages. Upon finding that adequate notice
will be provided, the Zoning Administrator may not require all signs to comply with the size
requirements of subsection El of this section and may not require the posting of a sign upon every
parcel.
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.
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Approved and adopted this eday of OW4 _kr' , 2022.
CITY OF EAGLE
Ada County, Idaho
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SUMMARY OF ORDINANCE NO.888
The following is a summary of Ordinance No. 888, adopted by the City Council of the City of Eagle,Ada
County, Idaho, on November 9, 2022:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8
"ZONING", CHAPTER 7 "ZONING ADMINISTRATION AND ENFORCEMENT", SECTION 8
"NOTICE REQUIREMENTS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Section 1:Amends and enacts sections of City Code in Title 8"Zoning,"Chapter 7"Zoning Administration
and Enforcement", Section 8 "Notice Requirements."More specifically, it amends neighborhood meeting
location requirements, allows for smaller public hearing signs for certain conditional use permit
applications, and provides additional discretion to the Zoning Administrator to determine the size and
location of public hearing signs.
Section 2: Provides for severability.
Provides that this ordinance shall be in full force and effect from and after its passage, approval, and
publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and
orders.
Section 3: Provides an effective date and for publication by summary.
The full text of Ordinance No. 888 is available at City Hall, on the City website, and will be provided to
any citizen upon personal request during normal office hours.
Jason Pierce,Mayor
Attest: Tracy E. Osborn, City Clerk
CERTIFICATION OF ATTORNEY
I,the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to the City
of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 888 of the City of
Eagle and that the same is true and complete and provides adequate notice to the public of the contents of
said ordinance.
Dated this h day of November 2022.
JC,/4‘ K-vaig
Victor Villegas
Borton-Lakey Law&Policy
City Attorney, City of Eagle
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K:\COUNCIL\Ordinances\Ord 888 SUM.docx
11/18/22, 12:19 PM Adportal Self Service Advertising C nation
THANK YOU for your legal submission!
Your legal has been submitted for publication.Below is a confirmation of your legal placement.You will also receive an email
confirmation.
ORDER DETAILS PREVIEW FOR AD NUMBER IPL00991870
Order Number: SUMMARY OF ORDINANCE NO.888
IPL0099187 The following is a summary of Ordinance No.888,adopted by the City Council
Order Status: of the City of Eagle,Ada County,Idaho,on November 9,2022:
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING
Submitted TITLE 8 "ZONING", CHAPTER 7 "ZONING ADMINISTRATION AND ENFORCE-
Classification: MENT",SECTION 8 "NOTICE REQUIREMENTS"; PROVIDING A SEVERABILITY
CLAUSE:AND PROVIDING AN EFFECTIVE DATE.
Legals&Public Notices Section 1:Amends and enacts sections of City Code in Title 8"Zoning."Chapter
Package: 7"Zoning Administration and Enforcement",Section 8"Notice Requirements."
BOI Legal Ads More specifically, it amends neighborhood meeting location requirements.al-
lows for smaller public hearing signs for certain conditional use permit appli-
Final Cost: cations,and provides additional discretion to the Zoning Administrator to deter-
55.52 mine the size and location of public hearing signs.
Section 2:Provides for severability.
Payment Type: Provides that this ordinance shall be in full force and effect from and after its
Account Billed passage,approval,and publication,according to law;provides for severability,
repeals conflicting ordinances,resolutions,and orders.
User ID: Section 3:Provides an effective date and for publication by summary.
IPL0024895 The full text of Ordinance No. 888 is available at City Hall,on the City website,
and will be provided to any citizen upon personal request during normal office
hours.
Jason Pierce,Mayor
ACCOUNT INFORMATION Attest:Tracy E.Osborn,City Clerk
CERTIFICATION OF ATTORNEY
CITY OF EAGLE/LEGALS IP
I.the undersigned,an attorney at law duly licensed in the State of Idaho and
PO BOX 1520 serving as counsel to the City
EAGLE,ID 83616 of Eagle,Idaho,hereby certify that I have read the above Summary of Ordinance
No.888 of the City of
208-939-6813 Eagle and that the same is true and complete and provides adequate notice to
krekow@cityofeagle.org the public of the contents of
said ordinance.
CITY OF EAGLE/LEGALS Dated this day of November 2022.
Victor Villegas
Borton-Lakey Law&Policy
TRANSACTION REPORT City Attorney,City of Eagle
W00000000
Date Publication Dates
November 18,2022 1:19:18 PM EST
Amount: <<Click here to print a printer friendly version»
55.52
SCHEDULE FOR AD NUMBER IPL00991870
November 20,2022
Idaho Statesman(Boise)
https://placelegal.mcclatchy.com/legals/boise/home/confirmation.html?id=922918returnto= 1/1