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Home My WebLink AboutApplicantr APPLICANT ITEM DATE SUBMITTED BY A-1 APPLICATION & RECEIPT A-2 WRITTEN DESCRIPTION A-3 SITE PLAN OR PLAT A-4 VICINITY MAP A-5 ASSESSOR'S MAP A-6 ASSESSOR'S ROLL A-7 TRAFFIC IMPACT STUDY A-8 NEIGHBORHOOD MEETING FORM A-9 CD - LEGAL DESCRIPTION (POCKET) A-10 DEED A-11 LANDSCAPING PLAN APPLICATION A-12 LANDSCAPING PLAN A-13 ~ :3 A-14 A-1S A-16 A-17 A-18 A-19 A-20 r BILL NO. 39 ORDINANCE NO.306S AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING VARIOUS ARTICLES, SECTIONS, SUBSECTIONS AND TABLES IN THE "CALDWELL ZONING ORDINANCE," FOUND IN CHAPTER 10 OF THE CALDWELL CITY CODE; 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, following duly noticed hearings before the Planning & Zoning Commission, on August 9, 2016, and the City Council, on September 6, 2016: Section 1. That Chapter 10, Article 2, Section 10-02-02 of the Caldwell City Code, entitled "Land Use Schedule," respectively, shall be amended as follows (NOTE. only the added deleted or amended items are shown in the table below — all other unaffected items listed in the current version of the Caldwell City Code shall remain in said table; the unaffected items have Iv not been included for purposes of this ordinance): 10-02-02: LAND USE SCHEDULE: TABLE 1 LAND USE SCHEDULE P=Permitted RS- RS- R- R- R- C- C- C-3 C-4 M- M- I-P A- C- H- use 1 2 1 2 3 1 2 1 2 D D D S=S ecial use Commercial - Automotive: Truck Stop P S P P Commercial - Service: Donation Trailer/Pod S — P — P — P — P — P — P -- P — P — S - P — Transit Station S P P P Pet Grooming Facilit S P P P S P S S Section 2. That Chapter 10, Article 2, Section 10-02-03 of the Caldwell City Code, governing height, lot line setback and lot dimension requirements, be amended as follows: BILL No. 39, ORDINANCE No. 3065 - PACE -1 J' 1 10-02-03: HEIGHT, LOT LINE SETBACK AND LOT DIMENSION SCHEDULE: (5) Structures and Projections into Yard Areas: Structures within and projections into required yard areas are only permitted (and may be permitted on a case by case basis in easements under the conditions specified below), as specified below, and shall not be considered to be obstructions or included in the setback requirements unless otherwise specified: B. Exterior steps or stairs shall not project into required side yards or into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection or into any existing or future right of way or right of way area unless written permission for such projection to take place has been given by the city. No part of the building except unenclosed and--unree€ed porches, not too eed fur- feet (4') above the established grade, shall extend into the front setback area. Said u_nenclosed porches shall be setback a minimum of fifteen (15)feet. No part of the building whatsoever, including cornices, canopies, eaves, foundations, footings, air conditioning units, etc., shall extend into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection to take place nor shall any part of the building project into any existing or future right of way or right of way area unless written permission for such projection to take place has been given by the city. Section 3. That Chapter 10, Article 2, Sections 10-02-05, 10-02-07, and 10-02-13 of the Caldwell City Code, governing various aspects of land use, including parking, fencing, and temporary uses be amended, as follows: 10-02-05: PARKING, LOADING, AND PEDESTRIAN AMENITY STANDARDS: (3) Off Street Parking: Off street parking facilities for vehicles shall be provided in accordance with the following: BILL No. 39, ORDINANCE No. 3065 -- PACE - 2 iq ,l 3 rd r O. Commercial Vehicles And Trailers: Commercial vehicles and trailers shall not be parked, stored, or left unattended in residentially zoned areas whether on public or private property except while engaged in construction or any other permitted activities. 10-02-07: FENCING REGULATIONS: (4) Zoning District Standards: (C) Steunenberg residential historical district: 2. Corner lots: (C) Side Property Line And Setback Area Adjoining A Street: i. Open and solid fencing height: Maximum four feet (4) along the side property line, notwithstanding height limitations in vision triangle areas. ii. Setback: Five feet (Y) from an existing curb with no sidewalk or flush along the edge of an existing sidewalk. Or: iii. Ooen and solid fencing height: Maximum six feet__(6') alo=__ the side property line, notwithstanding height limitations in vision triangle areas. BILL No. 39, ORD[NANCE No. 3065 - PAGE - 3 -q - ` ) iv. Setback: Ten feet (10') from an existing curb with no sidewalk and five feet (5') from the edge of an existing sidewalk. 10-02-13: TEMPORARY USE MERCHANTS, TRANSIENT MERCHANTS, BUSINESS PERMITS AND SPECIAL EVENTS: (6) Expiration Of License: All licenses issued under the provisions of this section shall expire on the date specified in the license. E. Once a temporary use permit has expired, the facility shall be removed from the property on which it operated and shall not be replaced or relocated unless a new temporary use permit application has been submitted and approved by city staff. Section 4. That Chapter 10, Article 3, Section 10-03-11, of the Caldwell City Code, governing various aspects of land use definitions, be amended, as follows: 10-03-11: DEFINITIONS: For the purpose of this chapter, certain terms are defined as set forth herein. All words in the present tense include the future tense. The plural includes the singular, and all words in the singular include the plural unless the nature of construction of the sentence indicates otherwise. The word "shall" means something is mandatory. DONATION_TRAILERSIPOD: A trailer and/or pod type structure used for the purpose of collecting donated materials and items from the general public. Temporary donation sites that last no more than seventy-two 72 hours and occur no more than two 2 times ver calendar year are excluded from this definition. BILL No. 39, ORDINANCE No. 3065 - PACE - 4 14 J I A OUTDOOR STORAGE: The keeping, in an unenclosed area, of any goods, junk, material, or merchandise in the same place for more than twenty-four (24) hours, Such items shall be stored within a sight obscuring fence as defined in this section. PET GROOMING FACILITY: A business establishment other than a commercial kennel or animal hos ital that rovides basic gLooming for domestic animals, but does not allow the boarding of animals. For the lsurpose of this title. a veterinary, clinic that provides basic. Wooming is not a get grooming facility. RECREATIONAL VEHICLE (RV): Those vehicles with a vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. This definition shall also include motorized boats, jet skis, and similar watercraft. TRUCK STOP: Any building, premises, or land in which or upon which a business or service involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered,_ May also ineluding include the dispensing of motor fuel or other petroleum products directly into commercial vehicles and the sale of accessories or equipment for commercial vehicles and which may include personal hygiene facilities and/or restaurant facilities primarily for the use of commercial vehicle crews TRUCKING/TERMINAL YARD: An area or building where commercial vehicles are staged, and/or used to load and/or unload cargo and freight, and/or where the cargo and freight may be stored, broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. VEHICLES: Motorized units which are self-propelled devices used for transportation of people or goods over land surfaces and licensed as a motor vehicle. Commercial Truck/Vehicles: Any *c�ielc�rcensed--by the state- as -a eemmer-eial vehiele. of the following: A. Any solid waste collection vehicle, tractor truck/semitrailer or tractor truck/trailer combination or vart thereof), dump truck concrete mixer, commercial vehicle -step vans buses stake trucks, tank trucks, commercial or construction equipment, whether located on public or private property or on a truck, trailer, or semitrailer; or B. Any other semi truck, semitrailer or any other trailer used for commercial purposes; or BILL No. 39, ORDINANCE No. 3065 - PAGE - 5 V9 -1 3 C. Vehicles not specifically listed that may be used for commercial purposes and/or are commercial in type. Off Road Vehicles: Those vehicles designed for use on a variety of nonimproved surfaces and including dune buggies and all -terrain vehicles (ATVs), snowmobiles, trail bikes and mopeds. Passenger Vehicles: Those vehicles with no more than two (2) axles and/or four (4) wheels, not more than four thousand five hundred (4,500) pounds in gross weight, and designed primarily for the transport of persons. Recreational Vehicles (RV): Those vehicles with a vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. This definition shall also include motorized boats, iet skis, and similar watercraft. Section 5. That Chapter 10, Article 7, Sections 10-07-07, of the Caldwell City Code, all being portions of the Caldwell Landscaping Ordinance, be amended as follows: 10-07-07: VISION TRIANGLE: (6). Items Prohibited Or Limited Within The Vision Triangle. B. All trees existing in the right of way , , shall be pruned to a minimum height of ten feet (10') above the ground or sidewalk surface and fourteen feet (14') above the adjacent roadway surface or be removed. BILL No.39, ORDINANCE No.3065 PAGE-6 ,^ 13 �j r I Section 6. That Chapter 10, Article 8, Section 10-08-02, of the Caldwell City Code, relating to landscaping trees, be amended as follows: 10-08-02: TREE LANDSCAPE PROVISIONS: (4) Care Of Trees And Shrubs In The City: Every controller, as defined in section 10-08-01 of this article, shall be responsible for the following: C. Maintenance Methods: Maintenance of trees and shrubs by: 4. Removal of Public Trees and Shrubs: It is the policy of the city that public trees and shrubs shall not be removed without written or- verbal authorization of the city forester or and the planning and zoning department. Section 7. That Chapter 10, Article 11, Section 10-11-07, of the Caldwell City Code, governing general requirements pertaining to the industrial airport overlay zone, be amended, as follows: 10-11-07: APO-2 NOISE ABATEMENT ZONE: .1 +'y y�/�� new e _ air. et + an d,'e.- for iSdd9firi�'.i. of more dwe �` J 00) bhYli.11e of Bhelesed A�4+' a to exigin eon84rn�t. i& 44TTJJ��[[ • �� v L 4 is a itenseffirli with the guidelines set fbf&-ifi - pub ieetia an! ided "' 4y- Of raid. e4l P., eise L"CFOF! -paFmi;9 d .emir- wur o"ing that do not pene+rate the emteF t 4hW if?BH$k w iTivriineg BILL No. 39, ORDINANCE No. 3065 - PACE - 7 t4�)3 Section 8. That Chapter 10, Article 12, Section 10-12-03, of the Caldwell City Code, relating to the land use schedule in the City Center Zoning District, be amended as follows {NOTE: only, the added deleted or amended items are shown in the tables below — all other unaffected items listed in the current version of the Caldwell City Code shall remain in said tables; the unaffected items have si=ly not been included for�ur oses of this ordinance): 10-12-03: LAND USE SCHEDULE: TABLE 10-12-1 ALLOWED USES Use Transit Station S Section 9. That Chapter 10, Article 13, Section 10-13-03, of the Caldwell City Code, relating to the land use schedule for Mixed Use Districts, be amended as follows (NOTE: only the added, deleted or amended items are shown in the table below — all other unaffected items listed in the current version o the Caldwell City Code shall remain in said table- the unaiLected items have simply not been includedr py oses of this ordinance): 10-13-03: LAND USE SCHEDULE: TABLE 10-13-1 LAND USE SCHEDULE FOR MIXED USE DISTRICTS T-N I H-C Commercial - service: Transit Stations S F Section 10. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. BILL No. 39, ORDINANCE No. 3065 - PAGE - 8 Section 11. This ordinance shall be in full force and in 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. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 6th day of September, 2016. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 6th day of September, 2016. Garret Nancolas, Mayor ATTEST: Debbie Geyer, City Clerk BILL No.39, ORDINANCE No. 3065- PAGE - 9