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HomeMy WebLinkAboutORD 13764- 9, . is x �i BILL NO. 8 ORDINANCE NO. 1376 BY Olesen a i AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY REPEALING CHAPTER 1, TITLE 2, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL RELATING TO THE PLANNING COMMISSION AND BY REPEALING SECTIONS 1, 2, 3, 4, 5, AND 6 OF CHAPTER 2, TITLE 2, BY DELETING THEREFROM THE PROVISION THEREIN CONTAINED FOR THE ZONING COMMISSION AND SUBSTITUTING THEREFORE, A PLANNING AND ZONING COMMISSION IN CONFORMITY WITH CHAPTER TITLE 67 OF THE IDAHO CODE RELATING TO LOCAL PLANNING; AND BY AMENDING SECTION 2 -2 -8 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL BY PROVIDING THAT THE PLANNING AND ZONING COMMISSION SHALL SERVE AS THE BOARD OF ADJUSTMENT; AND PROVIDING THIS ORDINANCE TO TAKE AFFF,UT AFTER ITSPASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Chapter 1, Title 2, of the Municipal Code of the City of Caldwell be and is hereby repealed. Section 2. That Sections 1, 2, 3, 4, 5 and 6 of Chapter 2, Title 2, of the Municipal Code of the City of Caldwell be and is hereby repealed. Section 3. That Section 2 -2 -1 of the Municipal Code 1' of the City of Caldwell be enacted to read as follows: COMMISSION CREATED: There is hereby creat a Commission to be known and designated as the Pla nning and Zoning Commission Said Planning and Zoning Commi is hereby created pursuant to Section 67 -6504 Idaho Code with full authority as therein contained, excluding the authority to a dopt ordinances. (a) MEMBERSHIP - -The Planning and Zoning Commission shall consist of not less than three (3) nor more than twelve (12 voting members, all appointed by the Mayor and con firmed by ORDINANCE - 1 majority vote of the City Council. An appointed member of the Planning and Zoning Commission must have resided in the City of Caldwell for two (2) years prior to his appointment and must remain a resident of the City of Caldwell during his service on the Commission. The te rm of office for members shall be not more than three (3) years provided, however, that at the expiration of said term of office, the member shall be eligible for re- appointment. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as th original appointment. Members may be removed for cause by a majority vote of the governing board. Members shall be selected without respect to political affiliation and may receive mileage and per diem compensation as provided by the City Council. In addition to the twelve (12) voting members, two (2) members of the City Councill shall be appointed by the Mayor as ex- officio members, of the Planning and Zoning Commission. Said two (2) members of the City Council shall be non - voting members on the Planning and Zoning Commission. (b) ORGANIZATION- -Each Commission shall elect a Chairman and create and fill any other office that it may deem necessary. A Commission may establish subcommittees, advisor committees or neighborhood groups to advise and assist in carrying out responsibility under this Ordinance and provisions of the Idaho State Code. The Commission may appoint non - voting ex- officio advisors as may be deemed necessary (c) RULES, RECORDS AND 1 Written organization papers or by -laws consistent with this Ordinance and other laws of the State of Idaho for the transaction of business of the Commission shall be adopted. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public. ORDINANCE - 2 At lea one (1) regular meeting sha be held each m onth for no less than nine (9) months in a year. A majority of voting members of the Commis shall constitute a quorum (d) EXPENDITURES AND STAFF - -With approval of the C ity Council, the Commission may receive an expend funds, goods and services from the Federal Govern or agencies and instrumentalities of State or local g overnment or fr om civic and private sources and may contract with these entities and provide information and as necessary to secure aid. Expenditures by the Commission shall be with the amounts a propriated by the City Council. Withi such limits, any Commission is authorized to hire employees an clinical advisors j i ncluding, but not limited to planners, eng ineers, archit and legal assistants Section 4 That Section 2 -2 -2 of the Mu nicipal Code of the City o f Caldwell be enacted to read as follows THE PLANNING PROCESS: As part of the p lanning process, th Commission shall provide for citizen mee tings, hearings, surveys, or other methods, to obtain advice o the pla nning process, plan, and implementation The Commissio may also cond informational meetings and consult with public officials and agencies, public utility companies,.and civic, e ducational, professional, or other organizations. As part of th planning process, the Commission shall endeavor to promote a p ublic interest in and understanding of the Commi activities. The Commission may, at any time, make r to the City Council concerning the plan, planning process, or implementation of the plan. h the consent of the owner, the commission and its members officers, and employees, in the performance of their functions, may enter upon any land and make examination and surveys ORDINANCE - 3 and place and maintain necessary monuments and marks thereon. The Commission may perform such additional duties as may be assigned by the City Council. The Commission shall have the right to seek ju dicial rocess, as may be necessa to enable it to fulfill its functions. Section 5: That Section 2 -2 -3 of t Municipal Code of the City of Caldwell be e nacted to read as follows: PLANNING DUTIES: It shall be the d uty of the Plan and Zoning Commission t conduct a comprehensive planning process designed to prepare, implement, and review and update a comprehensive plan, hereafter referred to as the plan. The plan shall include all land w ithin the jurisdiction of the City Council. The plan shall consider previous and existing conditions, trends, desirable goals and objecti or desirable future situations for each planning component. The plan with maps, charts and reports shall be based on the following components unless the plan specified reasons why a particular compone is unneeded. (a) Population - -A population analysis of past, present, and future trend in population including such characteristics as total population, age, sex and income._ (b) Economic Development - -An analysis of the economic base of the area including employment, industrie economies,_ bs, and income levels. (c) Land Use - -An analysis of natural land types, existing land covers and uses, and the intrinsic suitabil of lands for uses such as agriculture, forestry, mineral exploration a nd extraction, preservation, recreation, housing, comme industry, and public facilities. A map shall be prepare indicating suitable projected land uses for the jurisdiction. (d) Natural Resource - -An analysis of the uses of ORDINANCE - 4 • i rivers and other waters, forests, range, soils, harbor fisheries, wildlife, minerals, th ermal waters, beaches, watersheds, and (e) Hazardous Areas - -An analysis of known hazards as may result from susceptibility to surface ruptures from faulting, ground shaking, ground failure, landslides or mudslides; avalanche hazards resulting from development in the known or probable path of snowslides and avalanches, and floodplain hazards. (f) Public Services, Facilities, and Utilities - -An analysis showing general plans for sewage, drainage, power plant sites, utility transmission corridors, water supply, fire stations, and fire fighting equipment, health and welfa facilit libraries, solid waste disposal sites, schools, public safety facilities and re lated services. The plan may also show locations of civic centers and public buildings. (g) Transportation - -An analysis showing the general location and widths of a system of major t r a ffic thoroughfares and other traffic ways, and of streets and the recommended treatment thereof. This component may als make recommend on building line setbacks, control of access, street naming and numbering, and .a proposed system of pu blic or other transit l ines and related facilities including rights -o -way, terminal viaducts and grade separations. The compon may also include port, harbor, aviation, and other relate transportation f'nniI!fi PS_ (h) Recreation - -An analysis showing a system of recreation areas, including parks, parkways, trailways, r iver bank greenbe b eaches, playgrounds, and other recreation a reas and programs. (i) Housing - -An analysis of housing condi and n eeds; plans for improvement of housing sta ndards; and plans ORDINANCE - 5 • i for the provision of safe, sanitary and adequa housing. (k) Community Design - -An analysis of needs for governing landscaping, building design, tree pl antin g, signs and suggested patterns and standards for community design, development, and beautification. (1) Implementation - -An analysis to determine actions, programs, budgets, ordinances, or other met hods including scheduling of public expenditures to provide for the timely execution of the various components of the plan. Nothing herein shall preclude the conside of additional planning components or subject matter. Section 6: Tha Section 2 -2 -4 of the Municipal Code f the City of Caldwell b e enacted to read as follows: RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN: (a) The Planning and Zoning Commission, prior to recommending the plan, amendment, or repeal of,the plan to the Citv Council, shall condu at least one (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan to be discuss shall be published in the official newspaper 'or paper of general circulation within the jurisdiction. The Com mission shall also make available a notice to other papers, radio and television station serving the jurisdiction for use as a public service announcement Following the C ommission hearing, if the Commission makes a material change in the plan, further notice and hearinS shall be provided before the Commission forwards the plan with its recommendation to the governing board. A record of the hearings, findi made, and actions taken shall be maintained. (b) The City Council, prior to adoption, amendment, ORDINANCE - 6 or repeal of the plan, shall conduct at least one (1) publ hearing using the same notice a nd hearing procedures as the Commission. The City Council shall not hold a public hearing, give notice of a proposed hearing, nor take action upon the p l a n, amendments, or repeal until recommendations have b received from the Commission. Following the h earing of the City Council, if the City Council makes a material change in the plan, further notice and hearing shall be provided before the City Co uncil adopts the plan. (c) No plan shall be effective unless adopted by solution or ordin by the City Council. An ordinance enacting a plan or part of a plan may be adopte amended, or repealed by reference as provided for in sectio 31 -715 and 50 -901, Idaho Code, three (3) copies of which shall be on file with the city clerk or county clerk. (d) Any person may petition the Commission or, in absence of a Commission, the City Council, for a plan amendment at any time The Commission may recommend ame ndments to the plan to the City Council not more frequently than every six (6) months to correct errors in the original plan or t recognize substantial changes in the a ctual conditions in the area. The Commission may recomm amendments to other ordinances authorized b this chapter to the City Council at any time. Section 7: That Section 2 -2 -6 of the Municipal Code of the City of Caldwell be amended to read as follows: APPEALS TO COUNCIL: The Council shall hear all appeals from a decision of The Planning and Zoning Commission and shall have the power to permit special exceptions to the terms of the Zoning Regulations when such will not be contrary to the public interest. All such decisions of the Council shall be made by a majority vote; provided, the concurring vote ORDINANCE - 7 of two - thirds (2/3) of all members of the Council shall be required a' to reverse any order or decision of The Planning and Zoning i Commission. The Council shall provide by resolution for the procedure to be followed in case of appeal. E Section 8: That Section 2 -2 -8 of the Municipal Code of the City of Caldwell be amended to read as follows: ? BOARD OF ADJUSTMENT: (a) In all cases, The Planning and i Zoning Commission shall serve as the Board of Adjustment. 3 (b) Appeals to Board: Wherever in Title V and Title VI of this Code, there is provision for appeals from a decision of the Building Official, the Board of Adjustment shall hear such appeal. The appellant shall file with the Secretary of the Board a notice of appeal, specifying the basis thereof and a copy of such notice with the Building Official, together with a filing fee of ten ($10.00) dollars. The Building Official shall forthwith transmit to the Board all the papers constituting the record upon which the appeal is taken. The Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or modify the order, requirements, decision or determination, if, in its opinion, such changes may or may not be made in the premises. (c) Special Permits: The Board of Adjustment shall act on all special permits as required by The Planning and Zoning Commissions of this Code. An applicant for a special permit shall pay to the Building Official a filing fee of ten ($10.00) dollars, plus a ten dollar ($10.00) advertising fee a public hearing is required. The Building Official shall ORDINANCE - 8 a r • a forthwith transmit to the Secretary of the Board all papers with reference to the same. Section 9: That Section 2 -2 -9 of the Municipal Code of the City of Caldwell be enacted to read as follows: That all reference to Planning and /or Zoning Commissions contained in the Municipal Code of the City of Caldwell from and after date of passage and approval of this act be interpreted to refer to The Planning and Zoning Commission herein created. Section 10: All ordinances or p "arts of ordinances inconsistent herewith are hereby repealed. Section 11: 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 this 20t day of April, 1976• APPROVED By The Mayor this 20th day of April 1976. Ma or, Cit of Caldw 11 ATTEST: Clerk, CifCXf Caldwell ORDINANCE - 9 M O T I O N IT IS HEREBY MOVED That Bill No.. 8 , Ordinance No. 1376 , be amended by inserting the following provision in Section 3, subparagraph (a): " provided, however, that at the expiration of said term of office, the member shall be eligible for re- appointment ". Councilman M O T I O N