Ordinance - 1990 - 164 - Notice Requirement Zoning - 04/24/1990ONCIENAIL
ORDINANCE NO. 164
AN ORDINANCE AMENDING SECTION 8-7-5, EAGLE CITY CODE, TO ESTABLISH
NOTICE REQUIREMENTS FOR CERTAIN ZONING MAP AMENDMENT HEARINGS; AND
PROVIDING EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, that:
Section 1: Section 8-7-5, Eagle City Code, is hereby amended
to read as follows:
8-7-5: AMENDMENTS:
A. Authority: whenever the public necessity, convenience,
general welfare or good zoning practices require, the Council
may, by ordinance after receipt of recommendation thereon from
the Commission and subject to procedures provided by law,
amend, supplement, change or repeal the regulations,
restrictions and boundaries or classification of property.
B. Initiation of Zoning Amendments: Amendments to this Title may
be initiated in one of the following ways:
1. By adoption of a motion by the Commission;
2. By adoption of a motion by the Council; or
3. By the filing of an application by a property owner or
a person who has existing interest in property within the area
proposed to be changed or affected by said amendment.
C. Application for Amendment: Applications for amendments to the
Official Zoning Map, adopted as part of this Title by
reference, shall contain at least the following information:
1. Name, address and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the
Council;
3. Present land use;
4. Present zoning district;
5. Proposed use;
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6. Proposed zoning district;
7. A vicinity map at a scale approved by the Administrator
showing property lines, thoroughfares, existing and proposed
zoning and such other items as the Administrator may require;
8. A list of all property owners and their mailing addresses
who are within three hundred feet (300') of the external
boundaries of the land being considered;
9. A statement on how the proposed amendment relates to the
Comprehensive Plan, availability of public facilities and
compatibility with the surrounding area; and
10. A fee as established by the Council.
D. General Procedure for Amendments: Zoning districts shall be
amended in the following manner:
1. Request for an amendment to this Title shall be submitted
by the Commission which shall evaluate the request to
determine the extent and nature of the amendment requested.
2. If the request is in accordance with the adopted
Comprehensive Plan, the Commission may recommend and the
Council may adopt or reject the amendment under the notice and
hearing procedures as herein provided.
3. If the request is not in accordance with the adopted
Comprehensive Plan, the request shall be submitted to the
Planning or Planning and Zoning Commission, or in its absence,
the Council, which shall recommend, and the Council may adopt
or reject an amendment to the Comprehensive Plan, under the
notice and hearing procedures provided in section 67-6509,
Idaho Code. After the Comprehensive Plan has been amended,
this Title may then be amended as hereinafter provided for.
E. Public Hearings, Notice: The Commission shall hold a public
hearing and make recommendations on proposed zoning
amendments. Zoning amendments may consist of text or map
revisions.
1. Zoning Text Amendment: The Commission, prior to
recommending a zoning text amendment to the Council, shall
conduct at least one public hearing in which interested
persons shall have an opportunity to be heard. At least
fifteen (15) days prior to the hearing, notice of time and
place and the amendment shall be published in the official
newspaper or paper of general circulation within the
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`jurisdiction. Following the Commission's hearing, if the
Commission makes a material change from what was presented at
the public hearing, further notice and hearing shall be
provided before the Commission forwards the amendment with its
recommendation to the Council.
2. Zoning Map Amendment: The Commission, prior to
recommending a zoning map amendment that is in accordance with
the Comprehensive Plan to the Council, shall conduct at least
one public hearing in which interested persons shall have an
opportunity to be heard. At least fifteen (15) days prior to
the hearing, notice of time and place and the amendment shall
be published in the official newspaper or paper of general
circulation within the jurisdiction. Additional notice shall
be provided by mail to property owners and residents within
three hundred feet (300') of the external boundaries of the
land being considered, and any additional area that may be
impacted by the proposed change as determined by the
Commission. When notice is required to two hundred (200) or
more property owners or residents, 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. Following the Commission's hearing, if the
Commission makes a material change from what was presented at
the public hearing, further notice, by publishing once at
least fifteen (10) days prior to the hearinct. and hearing
shall be provided before the Commission forwards the amendment
with its recommendation to the Council.
F. Action by Commission and Council:
1. Recommendation by Commission: Within forty five (45)
days from the receipt of the proposed amendment, the
Commission shall transmit its recommendation to the Council.
The Commission may recommend that the amendment be granted as
requested, or it may recommend a modification of the amendment
requested, or it may recommend that the amendment be denied.
The Commission shall insure that any favorable recommendations
for amendments are in accordance with the Comprehensive Plan
and established goals and objectives.
2. Action by Council:
a. The Council, prior to adopting, revising or
rejecting the amendment to this Title as recommended by the
Commission, shall conduct at least one public hearing using
the same notice and hearing procedures as the Commission.
Following the Council hearing, if the Council makes a material
change from what was presented at the public hearing, further
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notice and hearing shall be provided before the Council adopts
the amendments.
b. The Council shall accept the recommendation of the
Commission's report unless rejected by a vote of one-half
(1/2) plus one of the members.
c. Upon granting or denying an application to amend
this Title, the Council shall specify:
(1) The ordinance and standards used in evaluating the
application;
(2) The reasons for approval or denial; and
(3) The actions, if any, that the applicant could take
to obtain the amendment.
G. Effect of Amendment Approved. In the event the Council shall
approve an amendment, such amendment shall thereafter be made
a part of this Title upon the preparation and passage of an
ordinance.
H. Resubmission of Application: No application for a
reclassification of any property which has been denied by the
Council shall be resubmitted in either substantially the same
form or with reference to substantially the same premises for
the same purposes within a period of one year from the date
of such final action, unless there is an amendment in the
Comprehensive Plan which resulted from a change in conditions
as applying to the specific property under consideration.
Section 2: This Ordinance shall take effect and be in force
from and after its passage, approval, and publication.
DATED this 24th day of April, 1990.
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CITY OF EAGLE
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SUMMARY OF
ORDINANCE NO. 164
AN ORDINANCE AMENDING SECTION 8-7-5, EAGLE CITY CODE, TO ESTABLISH
NOTICE REQUIREMENTS FOR CERTAIN ZONING MAP AMENDMENT HEARINGS; AND
PROVIDING EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 164 of
the City of Eagle, Ada County, Idaho, adopted on April 24, 1990,
is as follows:
Section 1: Clarifies the notice to be provided for zoning map
amendment hearings held because of material changes from what was
presented at the initial public hearing.
Section 2: Provides for effective date.
The full text of Ordinance No. 164 is available at City Hall
and will be provided to any person upon personal request during
normal office hours.
DATED this
ATTEST:
Page 1
7
day of April, 1990.
CITY OF EAGLE
Ada County, Idaho
By
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the
City of Eagle, Ada County, Idaho, hereby certify that I have read
the attached summary of Ordinance No. 164 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 S/,,4 day of April, 1990.
Mona obaran Mack
City Attorney
Page 2
County of Ada
State of Idaho
ss.
PROOF OF PUBLICATION
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said news-
paper once each and every week for
weekar, the first publication being on the 2--..I day of
,19f _, and the last publication being on
the 2J day of i , 19r± .
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication of the attached notice.
Principal Clerk
Subscribed and sworn to before me this ?...e day of
,19i .
9-0A4-4
0
Notary Public
Residence:
My commission expires: /
(SEAL)
D
SUMMARY OF
ORDINANCE NO. 164
AN ORDINANCE AMENDING SEC-
TION 8-7-5, EAGLE CITY CODE, TO
ESTABLISH NOTICE REQUIRE-
MENTS FOR CERTAIN ZONING MAP
AMENDMENT HEARINGS; AND
PROVIDING EFFECTIVE DATE
A summary of the principal provisions
of Ordinance No. 164 of the City of Eagle,
Ada County, Idaho, adopted on April 24,
1990, is as follows:
Section 1: Clarifies the notice to be
provided for zoning map amendment
hearings held because of materialchanges
from what was presented at the initial
public hearing.
Section 2: Provides for effective date.
The fun text of Ordinance No. 164 is
available at City Hall and will beprovided
to any person upon personal request dur-
ing nomtal office hours.
DATED this 24 day of Apt7, 1990.
CITY OF EAGLE
Ada County, Idaho
By /s/ Steve Guerber
Mayor
ATTEST:
/s/ Barbaro Montgomery
City Clerk
CERTIFICATION OF CITY ATTOR-
NEY
I, the undersigned Qty Attorney for
and legal advisor to the City of Eagle, Ada
County, Idaho, hereby certify that I have
read the attached summary of Ordinance
No. 164 of the City of Eagle, and that the
same is true and complete and provides
adequate notice to the public of the con-
tents of said Ordinance.
DATED this 25th day of April 1990.
/s/ Mona Dobaran
Mona Dobaran Mack
Qty Attomey
PUBLISH: May 2, 1990m