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HomeMy WebLinkAboutCity CouncilCITY COUNCIL ITEM DATE SUBMITTED BY Vi CC- jq4 7�a -Z OfdN . 1-7.bmr BILL NO. 39 ORDINANCE NO. 2213 AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 2, ZONING DISTRICT REGULATIONS AND STANDARDS, SECTION 10-02-08, NON- CONFORMING USES; ARTICLE 3, ADMINISTRATIVE PROCEDURES, SECTION 10-03-02, DUTIES OF THE PLANNING AND ZONING DIRECTOR: 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 10, Article 2, Section 10-02-08, Nonconforming Uses, shall be amended by adding certain language as follows: (12) Any structure in use as a residence at the time of adoption or amendment to this Chapter, and which has continued as a residential use, shall not be considered to. be a nonconforming use but shall be considered to be a special use until such time that the residential use is replaced with another a� roved use. A residential structure, existing as a special use, shall be granted the same privileges as a permitted residential structure and may be enlarged, expanded, replaced, and/or remodeled if a building_permit has been obtained, and as long as setbacks of the underlying zone can be met or a variance is granted. Upon a change in use, the structure shall not be returned to a residential use unless a special use permit has been approved following the public hearing_ process. A change in use shall not be considered to have occurred until the structure has actually been converted to a non-residential use. SECTION 2. That Chapter 10, Article 3, Section 10-03-02, Duties of the Planning and Zoning Director, shall be amended by adding and deleting certain language as follows: 10-03-02: DUTIES OF THE PLANNING AND ZONING DIRECTOR: The Council shall appoint a Planning and Zoning Director to administe, this Ehapte, who shall be responsible for enforcing and administering this Cha ter. The Planning and Zoning Director may be provided with the assistance of such other persons as the Council may direct. For the purpose of this Chapter, the Planning and Zoning Director shall have the following duties: (1) Administet Pimining and Zoning eodes as developed by the eity C-ouneil wxd the Planning, wid Zoning Eommissiar. Interpret and administer this Chapter. The Director shall have the authority to order, in writing_the remedy of any condition found to be in violation of this Chapter, or of any permit approved under the provisions of this Chapter. Any person aggrieved by a decision made by the Director in interpreting or enforcing this Chapter may appeal such decision foIlowing the procedures outlined in Subsection 7G of this Section_ Such appeal shall be heard. following the public hearing, mquirements set forth in Section 10-03,-03, Subsection 2 of this Article /'N SECTION 3. That Chapter 10, Article 3, Section 10-03-02, Duties of the Planning and Zoning Commission, shall be amended by renumbering the remaining subsections as follows: (6) (-) (--/) (6) SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE CITY COUNCIL of the City of Caldwell this 1 st day of December 1997. APPROVED BY THE MAYOR of the City of Caldwell this 1st day of December 1997. ATTEST: Mayor City Clerk C00t •r r � 1 Book 38 � rage 301 ItECULAR MEETING NOVEMBEIt 3, 1997 7:31) P.M. The Meeting was called to order by Mayor Winder. ]'lie Mayor requested that everyone stand for the invocation offered by Reverend Bohlken, Grace Lutheran Church, alter which everyone remained standing for the Pledge of Allegiance. iThe Roll of the Cily Council was called with the following members present: + I louchins, l3vans, Earl, Busch, Langan, and Wells. Absent: none. ADDITIONS OR DELETIONS"I'OI'll IE AGENDA. Councilman Ilouchins Pointed aid drat there was an error in item No. G under New Business. The dale should be 1997 rather than 1977. MOV1 ]) by 1louchins, SECONDED by Evans to approve the Agenda as amended. Roll call vote. ]-]lose voting yes: llouchins, Evans, laarl, Busch, Langan, and Wells. Tlose voting no: none. Absent and not voling: none. MOTION CARRIII) INTRODUCTION OF SPECIAL VISITORS. Mayor Winder recognized several candidates in the election to be held on November 4`f': Shannon Oznmt running for seat No. 2 and three incumbents Jerry Langan, Bob Busch, and Rita Earl. The Comm unity Development Director also introduced Bud Knickerbocker, (lie new Planner 1. AUD1ENCIP, PARTICIPATION. The Mayor asked if there was anyone from the audience who would care to bring any item to their attention that was not on the prepared Agenda. Since there was no one, the Mayor declared (hat the meeting would continue as outlined. CONSENT CAI-.ENDAR The Mayor presented (he following items on the Consent Calendar for consideration by the Members of the City Council: I . Dispense with the reacting of (lie minutes of the Regular City Council Meeting of October 20, 1997, and approve as written; 2. Approve acceptance of a deed From Regina Broadbent for right of way located at Andy Lane/Lake Avenue and right of way agreement; 3. Approve Sewer Cost Sharing Agreement with .terry Foster; 4. Approve a Resolution flor the dedication of sewer extension fi r Jeny and Debi Foster; 5. Approve ratification of Resolution for vacation of a portion of a utility easement located across Lot 1, Block 1, Westgate Subdivision. MOVL:D by Ilouchins, SECONDLD by Langan that (lie Consent Calendar be approved as presented. Roll effll vole. Those voting yes. Ilouchins, 13vans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and no( voting: none. P.t elk ON t3t3oic 38 liggta 302 MOTION CAR RIEI) /OLD BUSINESS (SECOND READING OF BILL NO. 38 TO AMEND THE CITY CODE, CHAPTER Ill REGARDING ZONING REGULATIONS) Mayor Winder presenled Bill No. 38 as follows: AN ORDINANCE- TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF -THE HE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLES 2, 3, 4, 5, AND G, BY DELETING ALL REFERENCED FEE AMOUNTS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT IIEREWrm. The Mayor stated that this Bill was read for the first time on October 20"', and this would be (lie second reading with the third reading scheduled for November 17"'. MOVED by Iivans, SECONDED by Langan that this be considered the second reading of Bill No. 38 as presen(ed. Roll call vote. 'Those voting yes: Evans, Earl, Busch, Langan, Wells, and Ilouchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED Nrim BUSINr+,SS (PUBLIC HEARING ON TEXT AMENDMENT 1-0 THE CITY CODE, ARTICLE 3, ADMINISTRATIVE PROCEDURES, SECTION 10-03-02, I)UT1ES Or -1.11E PLANNING AND ZONING DIRECTOR) Mayor Winder explained (lint this Public Ilearing was wilh regard to amending the City Code, 10-03-02, dealing with Administrative Procedures, Duties of the Planning and Zoning Director. Bill No. 39 was prepared for consideration by the Council. This Bill also includes an additional amendment regarding Nonconforming Uses which was scheduled for Public Hearing as No. 2 wider New Business. The Mayor asked if there were any documents to be admitted at this lime. Since there was no one signed to testify on this matter and no exhibits, (lie Mayor informed Council that this was the time and place set for the Public Hearing. The City of Caldwell was (lie applicant and the applicable sections of Idalio State Code were Chapter 65, Local Planning Act and the Caldwell City Code. The Public Hearing was then opened by (lie Mayor and he requested a Staff Report from the Community Development Director. Mrs. .lames, the Community Development Director, was recognized and was sworn in by (lie City Clerk. She reviewed a portion of her memo to the City l Council stating that on October 9, 1997, (lie Planning and Zoning Commission held a Public Hearing regarding (his issue. Al said Hearing, they recommended to (he City Council that this amendment to the Zoning Ordinance be approved. The reason the Commission asked for this amendment to be made to the Zoning Ordinance was because it was very unclear in the Ordinance as to whether or not the Planning and Zoning Director has the authority to ask for revocation of a Special Use Permit. Currently, the Planning and Zoning Commission was provided wilh the authority to revoke or modify its approval of a Special Use Permit. This means that if a clear violation of a condition of approval placed on the permit occurs, the violation can continue until a Public Hearing can be $A