WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and
WHEREAS, the City of Eagle finds that it is in the best interest of the City to ensure that the public is provided information and ample notice regarding proposed changes within the community; 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
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows:
Section 1: That Title 8 “Zoning”, Chapter 7 “Zoning Administration and Enforcement”, Section 8 “Notice Requirements”, be and is hereby amended, to read as follows with underline text to be added and strikethrough 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.
a. It shall be the sole duty of the applicant to provide mailed written notice, in a form deemed appropriate by the zoning administrator, to all property owners or purchasers of record owning property within five hundred (500) feet the respective radiusof the exterior boundary of the application property, as set forth in table B-1. Notice by mail shall also be provided to homeowners’ associations that are contiguous to the exterior boundary of the application property. Mailed notice to neighborhood associations and any additional area that may be impacted by the proposed change shall be provided, as determined by the zoning administrator. The neighborhood meeting written notice shall be provided by mail a minimum of fifteen (15) calendar days prior to the scheduled neighborhood meeting. For application properties which are five hundred (500) acres in size or larger and include 250 or fewer dwelling units, notice of the neighborhood meeting shall be provided to all property owners and purchasers of record owning property within one-half (1/2) mile of the exterior boundary of the application property the entire city limits. For application properties which are five hundred (500) acres in size or larger and include more than 250 dwelling units, notice of the neighborhood meeting shall be provided to all property owners and purchasers of record owning property within two (2) miles of the exterior boundary of the application property.
Table B-1
Application Properties Zoned The Notice Distance Shall Be
RR and RUT 1,500 feet
A and A-R 1,500 feet
R-E 1,000 feet
R-1 800 feet
All other zones 500 feet
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 B1a of this section.
(1) Meetings shall be on a Saturday between ten o’clock (10:00) A.M. and seven o’clock (7:00) P.M., or on a weekday between six o’clock (6:00) P.M. and eight o’clock (8:00) P.M. The meeting shall not be on a federal holiday, a federal holiday weekend or the day before or after a federal holiday or federal holiday weekend.
D. Published And Mailed Notice For Annexation, 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) calendar days prior to each hearing, notice of 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) calendar days prior to the hearing, additional notice shall be provided to political subdivisions providing services, including school districts. Notice by mail shall be provided to all property owners and purchasers of record owning property located within the respective radius within five hundred (500) feet of the exterior boundary of the application property as set forth in table D-1. Notice by mail shall also be provided to homeowners’ associations that are contiguous to the exterior boundary of the application property. Mailed notice to neighborhood associations and any additional area that may be impacted by the proposed change shall be provided as determined by the zoning administrator. For application properties which are five hundred (500) acres in size or larger and include 250 dwelling units or fewer, notice of the public hearing shall be provided to all property owners and purchasers of record owning property within one-half (1/2) mile of the exterior boundary of the application property. the entire city limits. For application properties which are five hundred (500) acres in size or larger and include more than 250 dwelling units, notice of the public hearing shall be provided to all property owners and purchasers of record owning property within two (2) miles of the exterior boundary of the application property.
Table D-1
Application Properties Zoned The Notice Distance Shall Be
RR and RUT 1,500 feet
A and A-R 1,500 feet
R-E 1,000 feet
R-1 800 feet
All other zones 500 feet
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 in a manner as determined by the zoning administrator, 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 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:
a. The sign(s) shall consist of four foot by four foot (4’ x 4’) plywood or other hard surface mounted on two (2) four by in by four inch (4” x 4”) 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.
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. 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 the property includes a corner lot, three (3) signs shall be posted, one on the corner and one near each end of the property roadway frontages.
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.
Approved and adopted this __26___
day of ________March_______, 2024.
CITY OF EAGLE
Ada County, Idaho
_________________________
BRAD PIKE
MAYOR
ATTEST:
_________________________
TRACY E. OSBORN
CITY CLERK