HomeMy WebLinkAboutORD 3410ORDINANCE NO.3410
BILL NO. 16
AN ORDINANCE ENACTED BY ,THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 4, ARTICLE 11, SECTION 04-11-01, CALDWELL CITY CODE,
PERTAINING TO THE RULES AND REGULATIONS OF THE CALDWELL
EXECUTIVE AIRPORT; AMENDING CHAPTER 4, ARTICLE 11, SECTION 04-11-03,
CALDWELL CITY CODE, PERTAINING TO THE PENALTIES APPLICABLE TO
VIOLATIONS OF THE RULES AND REGULATIONS AND MINIMUM STANDARDS
OF THE AIRPORT; AMENDING CHAPTER 10, ARTICLE 11, SECTION 10-11-01,
CALDWELL CITY CODE, PERTAINING TO THE TITLE FOR THE AIRPORT
OVERLAY ZONE; AMENDING CHAPTER 10, ARTICLE 11, SECTION 10-11-02,
CALDWELL CITY CODE, PERTAINING TO THE PURPOSE OF THE AIRPORT
OVERLAY ZONE; AMENDING CHAPTER 10, ARTICLE 11, SECTION 10-11-04,
CALDWELL CITY CODE, PERTAINING TO DEFINITIONS APPLICABLE TO THE
AIRPORT OVERLAY ZONE; AMENDING CHAPTER 10, ARTICLE 11, SECTION 10-
11-08, CALDWELL CITY CODE, PERTAINING TO DIVIDING PARCELS IN THE
AIRPORT OVERLAY ZONES; AMENDING CHAPTER 1, ARTICLE 13, SECTION 01-
13-01, CALDWELL CITY CODE, PERTAINING TO SURPLUS PROPERTY DISPOSAL;
AMENDING CHAPTER 7, ARTICLE 13, SECTION 07-13-05, CALDWELL CITY CODE,
PERTAINING TO EXCEPTIONS TO THE PUBLIC NOISE DISTURBANCE NUISANCE
REGULATIONS; AMENDING CHAPTER 10, ARTICLE 1, SECTION 10-01-03,
CALDWELL CITY CODE, PERTAINING TO THE ZONING DISTRICT PURPOSE
STATEMENTS FOR THE CITY OF CALDWELL; AMENDING CHAPTER 2, ARTICLE
27, SECTION 02-27-01, OF THE CALDWELL CITY CODE, PERTAINING TO THE
NUMBER OF AIRPORT COMMISSION MEMBERS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State
of Idaho:
Section 1. That Chapter 4, Article 11, Section 04-11-01, of the Caldwell City Code, is
hereby amended as follows:
04-11-01: ADOPTION OF THE RULES AND REGULATIONS OF THE CALDWELL
EXECUTIVE AIRPORT AND MINIMUM
STANDARDS:
The city council has adopted the "Rules And Regulations Of The Caldwell Executive Airport
Caldwell Industrial Air-pe ", which rules and regulations shall govern the conduct of all persons
and activities within, at, or on the airport, and may amend said rules or adopt new rules and
regulations, by resolution, from time to time. The city council has also adopted "Minimum
Standards", which set forth the standards and requirements for commercial and noncommercial
Ord. 3410 - Page 1
aeronautical activities at the airport . Said "Minimum Standards" may
also be amended from time to time by resolution of the city council. Copies of the current version
of both of these documents are available at the city hall; and the Caldwell Executive Airport
Section 2. That Chapter 4, Article 11, Section 04-11-03, of the Caldwell City Code, is
hereby amended as follows:
04-11-03: PENALTIES:
(1) Violators of the "Rules And Regulations Of The Caldwell Executive Airport Call
Ind-ustfial Air -pert" are subject to civil and criminal penalties as prescribed by the authorities of the
city. Any violations for which penalties are not prescribed shall be considered misdemeanor
violations and shall be punished by fine and/or imprisonment up to but not exceeding the maximum
penalties set forth in Idaho Code sections 50-302(1) and 18-113, as amended.
Section 3. That Chapter 10, Article 11, Section 10-11-01, of the Caldwell City Code,
is hereby amended as follows:
10-11-01: SHORT TITLE:
This article shall be known and may be cited as the AIRPORT
OVERLAY ZONE.
Section 4. That Chapter 10, Article 11 Section 10-11-02, of the Caldwell City Code,
is hereby amended as follows:
10-11-02: PURPOSE:
The Caldwell indu.....:.,' ^.4 over ay zene Airport Overlay Zone is established to contribute to
the safe operation of the airport, to facilitate orderly development around the airport, to protect the
possibility of future expansion of the airport and to control and minimize impacts on surrounding
activities. It is also the intent of the Airport Overlay Zone Caldwell indu..,..:.,' apeFl ^ er4ay zone
to encourage land use patterns appropriate in the vicinity of the airport for public health, safety
and welfare. Standards are provided to encourage trade and commerce and thereby maintain
economic vitality. The Airport Overlay Zone Caldwell industFia air -port ever -lay , e is divided
into two (2) subzones that are generally described as follows:
Section 5. That Chapter 10, Article 11, Section 10-11-04, of the Caldwell City Code,
is hereby amended as follows:
10-11-04: DEFINITIONS:
AIRPORT: The Caldwell Executive Airport Caldwell Industrial Air-po
Ord. 3410 — Page 2
MANAGER: A city employee charged with the responsibility for the day to day operations of
the Caldwell Executive Airport .
Section 6. That Chapter 10, Article 11, Section 10-11-08, of the Caldwell City Code,
is hereby amended as follows:
10-11-08: DIVIDED PARCELS:
This section shall apply to all parcels of property lying partially within the Caldwell jadu
Airport Overlay Zone and partially outside the Caldwell indus Airport Overlay Zone, as well
as parcels lying partially within the APO-1 Zone and partially within the APO-2 Zone. For
purposes of this section, the APO-1 Zone shall be considered more restrictive than the APO-2
Zone, and the APO-2 Zone shall be considered more restrictive than areas outside the Caldwell
industfial Airport Overlay Zone.
Section 7. That Chapter 1, Article 13, Section 01-13-01, of the Caldwell City Code, is
hereby amended as follows:
01-13-01: SURPLUS PROPERTY; AUTHORIZATION; DECLARATION; DISPOSAL;
PROHIBITIONS:
No employee of the city is authorized to sell, transfer or give away personal or real property of
the city except in accordance with this article and state law. The unauthorized sale or transfer of
property of the city by any employee, other than by discarding as waste material at the sanitary
landfill or similar approved depository for refuse, shall constitute a misdemeanor, punishable as
provided in Idaho Code sections 50-302(1) and 18-113, as amended, in addition to any other civil
or equitable remedy which might be available to the city or criminal charge that might be
appropriate under the circumstances. Only the city council has authority to declare property,
whether real or personal, to be surplus. The city clerk shall coordinate the disposal of all surplus
property, including land, buildings, equipment, and other city assets no longer required for city
use, in the manner which is in the best interests of the city and which is consistent with the
requirements of law.
(2) Declaration Of Surplus; Disposal Of Real Property: When appropriate, the city shall declare
city owned real property, including hangars located at the Caldwell Executive Airport Caldwell
pert, to be surplus and dispose of such property in accordance with the requirements
and procedures set forth in Idaho Code section 50-1403.
Section 8. That Chapter 7, Article 13, Section 07-13-05, of the Caldwell City Code, is
hereby amended as follows:
Ord. 3410 — Page 3
07-13-05: EXCEPTIONS:
The following sounds are exempted from the provisions of this article:
(1) Sounds caused by an emergency vehicle or personnel when responding to an emergency
call or acting in time of emergency.
(9) Sound created by or the result of regular business activities in areas appropriately zoned for
such activities. This exception includes, without limitation, regular industrial and flight operations
at the Caldwell Executive Airport .
Section 9. That Chapter 10, Article 1, Section 10-01-03, of the Caldwell City Code, is
hereby amended as follows:
10-01-03: ZONING DISTRICTS PURPOSE STATEMENTS:
(1) District Purpose Statements: The following zoning districts and related purpose statements
are hereby established:
D. Institutional And Public Districts:
1. A-D AIRPORT DISTRICT: The purpose of the airport district is to provide areas by
zoning procedures in accordance with the comprehensive plan that create an environment for
developing the facilities necessary or desirable for the safe, efficient, convenient and economical
operation of the Caldwell Executive Airport or any other similar airport.
Uses in the airport district zone provide support for airport operations, services to airport users,
and protect the public interest and investment.
Section 10. That Chapter 2, Article 27, Section 02-27-01, of the Caldwell City Code, is
hereby amended as follows:
02-27-01: CREATION; MEMBERSHIP; TERMS OF OFFICE
(1) Created: There is hereby created and established a commission to be known as
Caldwell Airport Commission.
(2) Membership; Terms of Office: The Caldwell Airport Commission shall consist of seven
eight (79) members to be appointed by the Mayor with the consent and approval of the Council.
The term of the respective members of the Caldwell Airport Commission shall be as follows: the
member appointed from the Council shall serve for a period of one (1) year, and the other seven
(7) members shall be appointed for terms of four (4) years, excepting that there shall not be more
than two (2) members whose terms shall expire in any one (1) year. Accordingly, appointments
may be made for terms less than four (4) years in order that not more than two (2) members terms
expire in any one (1) year.
Ord. 3410 — Page 4
Section 11. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 12. This ordinance is hereby declared to be severable. If any portion of this
ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect and shall be read to carry out the purposes of the ordinance before
the declaration of partial invalidity.
Section 13. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 6t' day of
December, 2022.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 6ch day of
December, 2022.
ATTEST:
Mayor Jarom o City Clerk (or Deputy)
.•`.l of C.gJd',,,
JAN IS
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Ord. 3410 — Page 5
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3410
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 4,
ARTICLE 11, SECTION 04-11-01, CALDWELL CITY CODE, PERTAINING TO THE RULES AND
REGULATIONS OF THE CALDWELL EXECUTIVE AIRPORT; AMENDING CHAPTER 4, ARTICLE 11,
SECTION 04-11-03, CALDWELL CITY CODE, PERTAINING TO THE PENALTIES APPLICABLE TO
VIOLATIONS OF THE RULES AND REGULATIONS AND MINIMUM STANDARDS OF THE AIRPORT;
AMENDING CHAPTER 10, ARTICLE 11, SECTION 10-11-01, CALDWELL CITY CODE, PERTAINING
TO THE TITLE FOR THE AIRPORT OVERLAY ZONE; AMENDING CHAPTER 10, ARTICLE 11,
SECTION 10-11-02, CALDWELL CITY CODE, PERTAINING TO THE PURPOSE OF THE AIRPORT
OVERLAY ZONE; AMENDING CHAPTER 10, ARTICLE 11, SECTION 10-11-04, CALDWELL CITY
CODE, PERTAINING TO DEFINITIONS APPLICABLE TO THE AIRPORT OVERLAY ZONE;
AMENDING CHAPTER 10, ARTICLE 11, SECTION 10-11-08, CALDWELL CITY CODE, PERTAINING
TO DIVIDING PARCELS IN THE AIRPORT OVERLAY ZONES; AMENDING CHAPTER 1, ARTICLE
13, SECTION 01-13-01, CALDWELL CITY CODE, PERTAINING TO SURPLUS PROPERTY DISPOSAL;
AMENDING CHAPTER 7, ARTICLE 13, SECTION 07-13-05, CALDWELL CITY CODE, PERTAINING
TO EXCEPTIONS TO THE PUBLIC NOISE DISTURBANCE NUISANCE REGULATIONS; AMENDING
CHAPTER 10, ARTICLE 1, SECTION 10-01-03, CALDWELL CITY CODE, PERTAINING TO THE
ZONING DISTRICT PURPOSE STATEMENTS FOR THE CITY OF CALDWELL; AMENDING
CHAPTER 2, ARTICLE 27, SECTION 02-27-01, OF THE CALDWELL CITY CODE, PERTAINING TO
THE NUMBER OF AIRPORT COMMISSION MEMBERS; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
AND PARTS THEREOF, IN CONFLICT HEREWITH.
Sections 1 through 9: Amends Sections 04-11-01, 04-11-03, 10-11-01, 10-11-02, 10-11-04, 10-11-08, 01-13-01, 07-
13-05, and 10-01-03, Caldwell City Code, by making the clerical edit of updating the name of the Caldwell Industrial
Airport to the Caldwell Executive Airport, said name change already having been formally effectuated.
Section 10: Amends Section 02-27-01, Caldwell City Code, by reducing the number of airport commission members
from eight (8) to seven (7).
Sections 11 through 13: 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.
Ordinance No. 3410 provides an effective date, which shall be on the 131 day of December, 2022. Ordinance No.
3410 was passed by the Council and approved by the Mayor on the 6' day of December, 2022. The full text of the
Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council
approved the foregoing summary on the 6' day of December, 2022, for publication on the 131 day of December,
2022, pursuant to Idaho Code § 50-901A.
Mayor Jarom Wagoner
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinance No.3410 and provides adequate n . e to
the public as to the contents of such ordinance.
DATED this 61 day of December,
Mark Hilty, Attorney for Ci aldwel