Ordinance - 1979 - 42 - Amending Zoning Regulations - 08/14/1979
ORDINANCE NO. 42
AN ORDINANCE FOR THE CITY OF EAGLE AMENDING
NO. 40, ARTICLE XV, SECTION G & H, RELATING
HEARINGS FOR APPEAL, VARIANCE AND ACTION BY
BE IT ORDAINED BY THE MAYOR AND CITY
,
CITY OF EAGLE, ADA COUNTY, IDAHO: '~
OF THE
Section 1. That Article XV, Section G & H, Eagle
City Code, Ordinance No. 40 relating to public earing
and action by the commission and council for a ariance
is hereby repealed.
Prior to granting a Variance, at least one (I) ublic
hearing in which interested persons shall have n
opportunity to be heard shall be held. That pu lic
hearing shall be scheduled within thirty (30) d ys
of receipt of an application. At least fifteen (IS)
days prior to the hearing, notice of the time a d place
and a summary of the proposal shall be publishe in the
official newspaper or paper of general circulat'on within
the jurisdiction. Notice may also be made avai able to
other newspapers, radio and television stations serving
the jurisdiction for use as a public service an ouncement.
Notice shall also be provided to property owner and
residents within the land being considered, thr e hundred
(300) feet beyond the external boundaries of th land
being considered, and any additional area that ay be
substantially impacted by the proposed variance as determined
by the zoning administrator. When notice is re uired to
two hundred (200) or more property owners or re idents,
in lieu of the mailing notification, three (3Y otices
in the newspaper or paper of general circulatio is
sufficient, provided, the third notice appear t n (10)
days prior to the public hearing.
Section 2. Section G. - Public hearing sh 11 be
written as follows:
Section 3. Section H. - Action by the co
and council shall be written as follows:
Within fifteen (IS) days after the public heari
commission shall transmit its recommendation of
conditional approval, or denial to the council.
council shall follow the notice and hearing req
provided by Idaho law and detailed in Section G
Article and, within forty-five (45) days after
the commission's recommendation, the council sh
conditionally approve, or deny the request for
variance.
g the
approval,
The city
irements as
of this
eceipt of
11 approve,
ppealor
Ordinance No. 42
Page 2
Upon granting or denying an application the Council
shall specify:
1.
2.
3.
The Ordinance and standards used in eva uating the
application~
The reasons for approval or denial~ and
The actions, if any, that the applicant could
take to obtain a permit.
Section 4. WHEREAS, there is an emergency
which emergency is hereby declared to exist, thi
shall take effect and be in force and effect fro
after its passage, approval and publication as r
by law.
herefor,
Ordinance
and
qui red
Passed b the City Council and approved by
of the City Eagle, Ada County, Idaho this
day of ~ ' tl , 1979.
~
ŒST:
.. /dÆQ./)?~~
TY CLERK
ORDINANCE NO. 42
AN ORDINANCE FOR THE
CITY OF EAGLE AMENDING
ORDINANCE NO. 40, AR-
TICLE V, SECTION G & H,
RELATING TO PUBLIC
HEARINGS FOR APPEAL,
VARIANCE AND ACTION BY
AFFECTED PERSONS.
Recodifying zoning or-
dinance to comply with hearing
requirements as outlined in the
Idaho Code.
September 5, 1979
PROOF OF PUBLICATION
State of Idaho,
County of Ada
ss.
` being first duly
sworn, depose and say, that I am over Twenty-one years
of age, and chief clerk of VALLEY NEWS, a weekly
newspaper of general circulation, published at Meridian,
County of Ada, State of Idaho, and that the annexed
noticc was published in said paper once each week for
s __ consecutive weeks, a fi t publl tion being on
the of 19_ � a d the las
day t
publication being on the _ day of
That said notice was published in the newspaper
proper and not in a supplement. That said newspaper had
been continuously and uninterruptedly published in said
county for a period of 78 consecutive weeks prior to the
first publication of this notice, and is a newspaper within
the meaning of the aho stat es.
_ ��
Chief Clerk /' 1
Subscribed and�, savor to before me ^t�hij day
ofa — L 191 1_
Nooary Public in and for Idaho
Residence or Postoffice Address
Idaho.