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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO, 2827
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 12, ARTICLE 1, SECTION 11 OF THE CALDWELL CITY CODE CONCERNING
AWNINGS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF
IN CONFLICT HEREWITH.
Section 1: Amends Chapter 12, Article 1, Section 11 of the Caldwell City Code, regarding awnings, as
follows:
(1) Adds to the awning ordinance requirements for awnings that are outlined in Chapter 10 of City
Code.
(2) Adds height and width requirements for awnings in the city center district.
(3) Deletes the clause pertaining to awning prohibitions in the R-1, R-2, or R-3 zones.
Section 2: Repeals conflicting ordinances, resolutions and orders.
Section 3: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 4: Provides for severability.
Ordinance No. 2827 provides an effective date, which shall be when published in the Idaho Press
Tribune on the IOth day of May 2010, Ordinance No. 2827 was passed by the Council and approved
by the Mayor on the 3`d day of May 2010. The full text of the Ordinance is available at Caldwell
Planning & Zoning Department, 62I Cleveland Boulevard, Caldwell, Idaho. The Mayor and City
Council approved the foregoing summary on the 3`d day of May 2010 for publication on the 100' day of
May 2010, pursuant to Idaho Code 50-901 A.
Mayor Garret L. Nancolas
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. 2827 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 3`d day of May 2010
Mark Hilty, Attorney for City of Caldwell
BILL NO. 12
ORDINANCE NO.2827
AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 1, SECTION 11 OF THE CALDWELL CITY CODE
CONCERNING AWNINGS; 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. Chapter 12, Article 1, Section 11 regarding awnings, shall be amended as follows:
Section 12-01 A 1: Awnings:
(1) Compliance: It shall be unlawful to erect or maintain any awnings on or over any street and/or sidewalk
within the limits of the city except as herein provided and except as provided for in chapter 10 of city
code.
(2) Business License Required: (rep. by Ord. 2673, 4-3-2007)
(3) Installation Permit Required; Fees: Any person erecting awnings over any sidewalk, street, or alley, and
against the first story, within the city limits shall first secure a permit from the building official before such
an awning is erected.
The building official shall, upon application, issue such permits for movable awnings when such
proposed awnings come within the provisions of this article and collect a fee established by the building
official and adopted by city council. Fees shall be based on valuation of the awning.
(4) Specification for Movable Awnings: All movable awnings shall be of canvas or duck and shall be affixed
to and suspended from the building. Awnings against the first or grade story of buildings shall be of the
roller type and shall be supported upon iron arms so as to permit the awning to be rolled compact
against the building.
(5) Distance of Sidewalk:
A. Awnings may extend over the sidewalk portion of the public street a distance equal to two-thirds
(2/3) of the width of the sidewalk; provided, that every such awning frame shall be not less than
seven feet two inches (7'2") above the sidewalk immediately below, and that any fringe attached to
such awning shall be not less than six feet six inches (6'6") from the sidewalk level immediately
below. Also except that awnings, if used an here in the city center zoning district ma encroach
into the public right-of-way to within twenty-four 24 inches to thirty inches 30" of the curb face if a
street or completelv to the far edge of the alley if an alley and any portion of the awnin must be a
minimum of fourteen feet six inches 14'6" above the sidewalk grade or alley grade, whichever is
applicable.
B. No awning shall pFejeGt ever the sid-&AAalk -A any part -of ze-pe R 1. R 2 or R -3 -a-A d-efined- On the
zoning-Ksgulatiens
Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 4. 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.
Bill No. 12 (Awnings ordinance 2827) Page 1 of 2
irk
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of , 2010.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this day of , 2010.
Garret Nancolas, Mayor
ATTEST:
Debbie Geyer, City Clerk
Bill No. 12 (Awnings ordinance 2827) Page 2 of 2
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 1, SECTION 11 OF THE CALDWELL CITY CODE
CONCERNING AWNINGS; 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. Chapter 12, Article 1, Section 11 regarding awnings, shall be amended as follows:
Section 12-01-11: Awnings:
(1) Compliance: It shall be unlawful to erect or maintain any awnings on or over any street and/or sidewalk
within the limits of the city except as herein provided and except as Provided for in chapter 10, section
12 of city code,
(2) Business License Required: (rep. by Ord. 2673, 4-3-2007)
(3) Installation Permit Required; Fees: Any person erecting awnings over any sidewalk, street, or alley, and
against the first story, within the city limits shall first secure a permit from the building official before such
an awning is erected.
The building official shall, upon application, issue such permits for movable awnings when such
proposed awnings come within the provisions of this article and collect a fee established by the building
official and adopted by city council. Fees shall be based on valuation of the awning.
(4) Specification for Movable Awnings: All movable awnings shall be of canvas or duck and shall be affixed
to and suspended from the building. Awnings against the first or grade story of buildings shall be of the
roller type and shall be supported upon iron arms so as to permit the awning to be rolled compact
against the building.
(5) Distance of Sidewalk:
A. Awnings may extend over the sidewalk portion of the public street a distance equal to two-thirds
(2/3) of the width of the sidewalk; provided, that every such awning frame shall be not less than
seven feet two inches (7'2") above the sidewalk immediately below, and that any fringe attached to
such awning shall be not less than six feet six inches (6'6") from the sidewalk level immediately
below. Also except that awnings, if used anywhere in the city center zoning district. may encroach
into the public right-of-way to within twenty-four (24) inches to thirty, inches (30") of the curb face if a
street or completely to the far edge of the alley if an alley and any portion of the awning must be a
minimum of fourteen feet six inches 14'6" above the sidewalk grade or alley grade, whichever is
aPnlicable.
B. ,
zoning reams
Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 4. 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 can out the purposes of the ordinance before the declaration of partial invalidity.
Bill No. (Awnings ordinance) Page 1 of 2
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PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of 2010.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this day of .2010.
ATTEST:
Garret Nancolas, Mayor Debbie Geyer, City Clerk
Bill No. (Awnings ordinance) Page 2 of 2