HomeMy WebLinkAboutORD 3496ORDINANCE NO.3496
BILL NO. 12
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 10, ARTICLE 2, SECTION 10-02-13, CALDWELL CITY CODE,
PERTAINING TO THE AUTHORITY OF THE PLAZA OPERATOR DURING SPECIAL
EVENTS; AMENDING CHAPTER 6, ARTICLE 5, SECTION 06-05-08, CALDWELL
CITY CODE, PERTAINING TO THE LOCATION RESTRICTIONS OF DOOR TO
DOOR SALESMEN; AMENDING CHAPTER 11, ARTICLE 2, SECTION 11-02-02,
CALDWELL CITY CODE, PERTAINING TO THE APPROVED NAME OF
SUBDIVISIONS ON PLATS; 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, and
State of Idaho:
Section 1. That Chapter 10, Article 2, Section 10-02-13, of the Caldwell City Code, is
hereby amended as follows:
10-02-13: TEMPORARY USE MERCHANTS, TRANSIENT MERCHANTS, MOBILE
FOOD UNITS, AND SPECIAL EVENTS:
(4) During speeial plaza events-,ffhe plaza operator, as identified in the then controlling
memorandum of understanding for the overall supervision and management of the Indian Creek
Plaza, shall have the authority to authorize and control all temporary use facilities, transient
merchant facilities, or mobile food units within the area located between 5th Avenue, 10th Avenue,
Union Pacific Railroad, and Blaine Street in downtown Caldwell, said control extending along
both sides of any street constituting a boundary of said area.
Section 2. That Chapter 6, Article 5, Section 06-05-08, of the Caldwell City Code, is
hereby amended as follows:
06-05-08: LOCATION RESTRICTIONS:
The plaza operator, as identified in the then controlling memorandum
of understanding for the overall supervision and management of the Indian Creek Plaza, shall have
the authority to authorize and control all peddling within the area located between 5th Avenue,
10th Avenue, Union Pacific Railroad, and Blaine Street in downtown Caldwell, said control
extending along both sides of any street constituting a boundary of said area. The City Clerk may
override the aforementioned authority on a case -by -case basis. The plaza operator shall require all
peddlers to provide proof of appropriate insurance to the plaza operator prior to commencing their
peddling.
Ord. 3496 -- Pagel
No licensee shall operate within a parade route, unless prior approval has been obtained through
the Planning & Zoning Department for a Temporary Vendor's License, and thus allowing for
business operations on private property consequently located within a noted parade route.
Section 3. That Chapter 11, Article 2, Section 11-02-02, of the Caldwell City Code, is
hereby amended as follows:
11-02-02: CONTENT:
(1) Content; Preliminary Plat:
C. Identification and Descriptive Data:
1. Proposed name of subdivision and its location:
(A) Said name not being a duplicate name of any other recorded subdivision within
Canyon County or any of the cities in Canyon County;
(B) No changes to an approved subdivision name on a preliminary plat shall occur
unless a request is initiated through the filing of a Subdivision Name Change Request
Application for administrative staff level review and approval. If approved, preliminary plat
drawings will need to be amended and submitted to the Planning and Zoning Department with
the reflected subdivision name change prior to the acceptance and/or aRproval of construction
drawings. All construction drawings and final plats shall reflect the new apyroved subdivision
name. Upon recordation of the final plat, all recorded subdivisions shall be known and referred
to by the city approved subdivision name, imits oomplete feEm, in all permanent or temporary
signage physically located on or near the location of the subdivision, and in all ketilig and
on all deeds and legal documents. This requirement shall continue through
the development of each phase of the subdivision and shall survive completion of the subdivision
unless a request is initiated through the filing of a Subdivision Name Change Re uest
Application for administrative staff level review and approval. If approved, an amended final
plat drawing in com liance with 11-02-02 2 will be required. A variation in the subdivision
name required by this chapter may permitted for parcels within the subdivision that are being
developed solely for commercial or multi -family commercial apartments, as, approved by the
city, and may be designed and constructed as their own separate phases which do not have to
follow the subdivision phasing sequencing required by 11-02-03 (1) (G). Owners and
developers acting in violation of this requirement shall subject to the administrative citation
process outlined in Section 10-03-13 of this Code.
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 5. 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.
Ord. 3496 — Page 2
Section 6. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this nJ ay of
2023. l
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, thisday
of , 2023.
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Ord. 3496 — Page 3
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3496
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 10, ARTICLE 2, SECTION 10-02-13, CALDWELL CITY CODE,
PERTAINING TO THE AUTHORITY OF THE PLAZA OPERATOR DURING SPECIAL
EVENTS; AMENDING CHAPTER 6, ARTICLE 5, SECTION 06-05-08, CALDWELL
CITY CODE, PERTAINING TO THE LOCATION RESTRICTIONS OF DOOR TO
DOOR SALESMEN; AMENDING CHAPTER 11, ARTICLE 2, SECTION 11-02-02,
CALDWELL CITY CODE, PERTAINING TO THE APPROVED NAME OF
SUBDIVISIONS ON PLATS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
Section 1: Amends Caldwell City Code Section 10-02-13, pertaining to special events, by removing the
restriction of special plaza events for triggering the authority of the plaza operator.
Section 2: Amends Caldwell City Code Section 06-05-08, pertaining to the location restriction for door to
door salesmen, by allowing operation within a parade route so long as a prior license has been obtained.
Section 3: Amends Caldwell City Code Section 11-02-02, pertaining to approved subdivision names on
preliminary and final plats, by permitting changes to the approved subdivision name through a formal
application request process and administrative staff level review.
Sections 4 through 6: 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. 3496 was passed by the Council and approved by the Mayor on the 2"d day of May, 2023.
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 2"d day of May, 2023, for publication
on the 9" day of May, 2023, pursuant to Idaho Code § 50-901 A.
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinance No. 3496 and provides adequate notice to
the public as to the contents of such ordin
DATED this 2"a day of May, 2023. \
Mark Hilty, Attorney for City of Caldwell