HomeMy WebLinkAboutORD 1398BILL NO. 30
ORDINANCE NO. 1398
BY Councilman McCluskey
AN ORDINANCE TO AMEND TITLE 2, CHAPTER 2, SECTION 8, OF
THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF
CANYON, STATE OF IDAHO, BY PROVIDING THAT AN APPLICANT
FOR A SPECIAL PERMIT REQUIRED TO BE ACTED UPON BY THE
BOARD OF ADJUSTMENT IN WHICH A DETERMINATION MUST BE MADE
BY THE BOARD OF ADJUSTMENT AS TO OWNERSHIP OF PROPERTY
WITHIN A DESIGNATED RADIUS OF THE PREMISES SHALL PAY THE
SUM OF NINETY AND N01100 ($90.00) DOLLARS WHICH SUM SHALL
BE PAID UPON RETURN OF THE COMPLETED SPECIAL PERMIT
APPLICATION TO THE BUILDING OFFICIAL; REPEALING ALL PRO-
VISIONS AND SECTIONS INCONSISTENT THEREWITH; AND PROVIDING
FOR THIS ORDINANCE TO TAKE, EFFECT AFTER ITS PASSAGE,
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 Section 2 -2 -8 of the Municipal
Code of the City of Caldwell be amended to provide as
follows;
2 -2 -8; (A) In all cases, the Planning and Zoning Com-
mission shall serve as the Board of Adjustment.
(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 dollars ($10.00).
The Building Official shall forthwith transmit to the Board
all of the papers constituting the record upon which the
appeal is taken.
The Board shall fix a reasonable time for the hear-
ing of the appeal and give due notice thereof to the parties,
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and decide the same within a reasonable time. Upon the
I
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 dollars ($10.00), plus a ten dollar ($10.00)
advertising fee if a public hearing is required. The Building
Official shall forthwith transmit to the Secretary of the
Board all papers with reference to the same.
(D) From and after December 1, 1975, all applicants
for a special permit from required to be acted upon by the
Board of Adjustment, which said special permit shall require
written consent of the owners of a percentage of the area of
all property within a specified distance of any part of the
premises whereupon some building or accommodation is to be
erected or occupied, shall pay to the building official, in
addition to the filing fees and publishing fees herein provided,
the sum of NINETY AND N01100 ($90.00) DOLLARS which said NINETY
AND N01100 ($90.00) shall be paid to the building official upon
return to the building official of the completed special permit
application
Said NINETY AND N01100 ($90.00) DOLLARS shall be
divided equally between the engineer budget and the building
official budget.
SECTION 2. All ordinances or parts of ordinances
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inconsistent herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force
and effect from and after its passage, approval, and publication
according to law.
PASSED BY THE COUNCIL of the City of Caldwell this
5th day of October 1976.
APPROVED BY THE MAYOR of the City of Caldwell this
5th day of October 1976.
MA OR
ATTEST:
CITY
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