HomeMy WebLinkAboutORD 3557ORDINANCE NO.3557
BILL NO.63
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, ARTICLE 02, SECTION 10-02-039
PERTAINING TO THE HEIGHT, LOT LINE SETBACK AND LOT DIMENSION SCHEDULE; 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 10, Article 2, Section 10-02-03 of the Caldwell City Code is hereby amended, as follows:
10-02-03: HEIGHT, LOT LINE SETBACK AND LOT DIMENSION SCHEDULE
(1) Minimum Lot Area: The minimum lot area for each dwelling unit above that which is required for a single-family dwelling shall be one
thousand (1,000) square feet for the first dwelling unit and two thousand (2,000) square feet for each additional unit unless the lot area is permitted to
be reduced by planned unit development procedures.
(2) Residential Uses In Nonresidential Zones: Residential uses in nonresidential zones shall have the same requirements as set forth in the R-3
Zone. When commercial and industrial uses abut a residential zone, setbacks shall be the same as are required in the adjacent residential district.
(3) Reduction In Minimum Setback: The minimum setback yard provisions may be reduced with a Director's administrative determination in
accordance with Section 10-01-02 (4), a variance approval, or a planned unit development approval, whichever may be most applicable.
(4) New Construction Compliance: All new construction shall comply with the current height, setback, and area schedule in effect at the time the
buildingpermit was filed, excluding alternative setback, height, and/or area schedule requirements as approved through a planned unit development.
(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:
Ordinance No. 3557
Page11.
A. Cornices, canopies, eaves, or other projections which do not increase the volume of space enclosed by the building; provided, however, that
none of these shall project into any required side yard more than two feet (2') and any required rear yard more than five feet (5') from the property
line nor shall they project into any required recorded or nonrecorded easement or easement area unless the utility has given written permission for
such projection to take place nor shall they project into any existing or fixture right-of-way or right -of- way area unless written permission for such
proiection to take place has been given by the City. Projections within the R-1, R-2, and R-3 Residential Zones which increase the volume of
habitable space enclosed by a residential structure may encroach into the front setback area no more than five feet (5'). This shall not be applicable to
garages or any other uninhabitable areas that are part of the residential structure.
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 proiection to take place has been given by the City. No part of the building except
unenclosed porches, shall extend into the front setback area. Said unenclosed porches shall be set back a minimum of fifteen feet (15'). 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.
C. Additionally, the following shall apply:
1. Structure shall be removed by and at the property owner's expense within five (5) days of a request by the City or utility to remove said
structure;
2. Structure can be removed by the City or utility after the five (5) dgy deadline has expired, without the property owner's permission and
without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for
any existing or future public right-of-way areas or easements. Furthermore, City or utility shall not be responsible for any damage caused to structure
during the process of removal.
3. Property owner shall sign and have notarized a statement prepared by the City acknowledging the above items.
(6) Setback Measurements: Front and street side yard setbacks are measured from back of sidewalk or the property line where there is no adjacent
sidewalk. All other setbacks are the distance between a building's outermost edge of the outermost foundation wall and the lot line.
TABLE 2: HEIGHT, SETBACK AND AREA SCHEDULE
Minimum/Maximum Bulk Requirements (In Feet)
Ordinance No. 3557
Page 12
Zoning District
Max. Height'
Minimum Setbacks
Interior Lots
Corner Lots
All Lots
Front
Yard
Rear Yard
Interior Side
Yard
Street Side
Yard'
Min. Lot Area
(Sq. Ft. 7
Min. Lot Area
(Sq. Ft. 7
Min. Lot
Fronta e3
RS-1
45
40
40
20
30
40,000
40,000
100
RS-2
45
35
35
15
20
20,000
20,000
75
R-14
25
20
20
6
15
8,000
9,500
50
R-2
35
20
15
6
15
6,000
7,500
45
R-3
45
20
15
6
15
6,000
7,500
45
C-1
45
20
15
6
15
5,000
6,500
40
C-2
None
0
0
0
0
0
0
0
C-3
None
0
0
0
0
0
0
0
C-4
None
0
0
0
0
0
0
0
1-P
None
20
0
0
20
0
0
0
M-1
None
20
0
0
20
0
0
0
M-2
None
20
0
0
20
0
0
0
A-D
See Footnote 5
0
0
0
0
0
0
0
C-D6
None
20
15
10
20
0,
0
0
H-Ds
None
20
5
5
20
0
0
0
P-D8
None
0
0
0
0
0
0
0
Ordinance No. 3557
Page 13
Footnotes To Table:
The following footnotes correspond with the minimum/maximum bulk requirements listed in this table:
i The maximum height, if there is one, may be exceeded by special use permit approval. Regardless of the zoning district, if a new structure is
being built immediately adjacent to a single-family dwelling or a duplex, the maximum height of the new structure shall be 25 feet unless
allowed to exceed such maximum height by special use permit approval.
z The street side yard garages must meet the 20 foot front yard setback.
-r. 3 Minimum lot frontage for lots on cul-de-sacs or roadways with a radius curve shall be measured from the setback line not from the property
line.
4.4 Platted residential lots located within the R-1 zoning district that are less than 7,000 square feet shall comply with the R-2 zoning district
setback requirements. For corner lots, this shall apply to all platted residential lots that are less than 8,500 square feet.
s New buildings and structures located within the airport district shall comply with height restrictions listed in form 7460 issued by federal
aviation administration.
6 6 Newly constructed buildings in the college district and hospital district that are adjacent to the boundary of a residentially zoned property
shall be set back an additional 6 inches for every additional 1 foot of building height in excess of 25 feet.
1 Residential lots that are part of a final plat may reduce the required minimum lot area by up to 10% if the required densities (dwelling units
per gross acre) are met for the underlying zone.
s Public land uses within Section 10-02-02_ Table 1, located in zoning districts other than the P-D (public) shall be permitted to utilize the same
height, setback and area requirements as permitted in the P-D (public) zone.
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Ordinance No. 3557
Page 14
men
A. Gemiees,
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by the
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hewever-,
*
sanepies,
these
eaves, or-
into
ether
pr-ejeetiens
whieh not
than two
feet
volume of
spaee enelesed
than
pr-evided,
five feet
from
the
none of shall
they
pr-ejeet
any r-equir-ed
inte
side yar-d
more
(2')
and any r-equir-ed
fear- yar-d
the
fner-e
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)
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to
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afty required
they
meer-ded
irAe
er- menmeer-ded
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futafe
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Ar-laa imless
utility
given vMt4ea
peEmission
fer-
sueh pr-ejeetien
to take
plaee nor- shall
has been
by
pr-E)jeet
the C45,. Pr-ejeetiens
any existing
ar-
the R
Fight of way er-
1, R 2, R 3
right of way
Residential
afea
Zones
unless vffit4en
iner-ease
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the
su
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habitable
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by
witWn
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and
4ma
five feet
whiek
This
volume
be
0
spaee enelesed
b
B. E)Eter-ier-
a r-esideiifial
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sti-detur-e
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e t
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the
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into
sethaek area
fie more
(S').
shall iiet
easement
applieab]
area
steps
the
er-
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havingjurisdietien
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reqUired
the
side
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has
ar
any required
"t4en
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into
or-
-
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ever-
easement
for-
given
to
pefmissien
take-plaee has
sueh
been by
pr-ejeII
the City.
or- aft),
No
existing
the
or-
buildkig
r-
of way er- right of
way
area unless
k4e
wr4aem
the
peEmissien
ftei#
sueh pr-ejeetien
Said
given
be baek
paft
fifteen
of
feet
Ne
excep
o shall
em4end
sethaek
af:ea.
unenelesed
por-ehes shall
set a
minimum
of
(15').
part of
oineluding
eemiees,
sanepies,
the
.
haviiigjurisdietion
.feetkigs,
•o
has
for
nenreeor-ded easement
te take
or
easemeiit area
upAess
utility
the buildifig
ar- ageFir.5,
into
ever -the
fiAuEe
easement
givenAT44en
pemission
sue
projection
,�....:.a for- s,,eh
G. Additionally,
I Stmetffe
plaee
projection
the
nor- shall any
to take
fellewiiig shall
be
paft
place
applyl
by
of
has bee.,
the
pr-ojeet
given by the
Cit.,
any existifig
or-
five
right of way
days
er- right
by
of way area
the City
unless
YI
to
.
etmetwe
2. Stmetffe
shall
r-emeved
be
by the
and at property
City
9,A%eF's
the
five
expease
day
within (5)
deadline has
of a request
the
or-
utility
r-emove
said
ean
removed
er- u4ility
ith
after-
(5)
e)Epir-ed, %4thout
fer-
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peFmissien
and
fuluf
>
Fufthefmer-e,
City
> as neeessai=j,
utility or-
be
right of
way maintenanee/imprevements
for- damage
to
any eidsting er-
3. Pr-epeFty
e publie
right ef
way
have
afeas er- easemei4s.
ar- tAility shall
by the Gity
not r-espeasible
the
my
items.
eaused
sti-de
Sethask Measur-ements!
eA%er-
shall sign
Fr-ent
and
notarized
a sta4emefA
prepared
aeknew4edging
from baek
above
the
line
there
is
(6)
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and stfeet
side ya-r-d-
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measured
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sidewalk ar-
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where
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1:—_
no adjae
Ordinance No. 3557
Page15
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 19T" day of December, 2023.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 19' day of December, 2023.
May Jarom Wagoner
o-* Of CA'
W
.• ``' Tea <<'
n AN 15
Sy�j •••• /890 •• ••
Ordinance No. 3557
Page 16
City Clerk (or Deputy)
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3557
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
10, ARTICLE 029 SECTION 10-02-03, PERTAINING TO THE HEIGHT, LOT LINE SETBACK
AND LOT DIMENSION SCHEDULE; 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 10-02-03, pertaining to special events, by removing the
restriction of special plaza events for triggering the authority of the plaza operator.
Sections 2 through 4: 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. 3557 provides an effective date, which shall be on the 261 day of December, 2023.
Ordinance No. 3557 was passed by the Council and approved by the Mayor on the 19'h day of December,
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 191 day of December, 2023,
for publication on the 261h day of December, 2023, 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. 3557 and provides adequate notice to
the public as to the contents of such ordinance.
DATED this 191 day of December, 2023.
Mark Hilty, Attorney for City of Caldwell