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Home My WebLink AboutORD 16230 0 BILL NO. 11 ORDINANCE NO. 1623 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, PERTAINING TO THE ZONING REGULATIONS, TITLE VI, AMENDING CHAPTER 2, SECTION 2.1, TABLE 3, "OFF- STREET PARKING AND LOADING SCHEDULE," BY ADDING CERTAIN LANGUAGE THEREOF TO PERMIT PARKING OF CARS IN RESIDENTIAL FRONT SETBACK AREAS; AND AMENDING CHAPTER 3, SECTION 1(D)3, BY DELETING AND ADDING CERTAIN LANGUAGE THEREIN TO PROVIDE FOR THE INSTALLATION OF FENCES ON RIGHT -OF -WAY ON CORNER LOTS IN RESIDENTIAL AREAS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR 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 Title VI, Chapter 2, Section 2.1, Table 3, "Off- Street Parking and Loading Schedule," Note 9, be amended as follows: 6 -2 -1, "Table 3, Note 9: Public or private parking areas and spaces are permitted in required setback areas only as follows: a. Trailers, boats, motor homes and other vehicles not in daily use are restricted from parking in the front yard setback areas for more than two (2) weeks. b. Public or private parking areas and spaces or any detached building intended for parking which is used in conjunction with any building or use permitted in any residential dis- trict shall be permitted in any rear yard that abuts an alley with no parking space or building closer than four feet (4 from a side property line. �- c. Parking not abutting an alley in the rear setback area shall be limited to two (2) spaces or a double garage with no parking space or garage closer than four feet (4 from rear or side property lines. d. Parking in side setback areas will be permitted with no parking space closer than four feet (4 from a side prop- erty line. e. Parking spaces shall be tw o - or tnree - ra tted on driveways in the re ion with any single- family on a single lot. Section 2: That Title VI, Chapter 3, Section l(D)3 be amended by adding and deleting certain language as follows: 6- 3- 1 -(D)3 Fences, Walls and Hedges: (a) It shall be unlawful for any person to construct or place a fence upon any property within the corporate limits of the City without first having applied for and obtained from the Building Official a permit to do so and without there- after complying with all of the provisions of said permit. (b) The only fences permitted to be constructed on street rights -of -way are solid fences to a height of thirty six inches (36 or vision fences to a height of forty eight inches (48 "), and solid fences to a height of seventy two inches (72 to enclose rear yards on corner lots and they are subject to sidewalk, aad safety and sight tri- angle restrictions set forth herein. In commercial and industrial areas, permission to construct fences on rights - of -way must be obtained from the City Council. ORDINANCE - 1 0 (c) For the purposes of this Section, walls, lattice work, screens, hedges and plantings shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof. (i) Electric fences and barbed wire fences are prohibited within the corporate limits of the City except in those instances where it can be demonstrated to the Building Official that their use is solely for the containment of animals kept within the City in compliance with City animal control regulations. The City Building Official shall have the authority to and may revoke authorization for an elec- tric or barbed wire fence erected within the City upon declaration of a finding by him that their presence con- stitutes a detriment to the public health, safety or welfare, or is potentially injurious to persons, properties or im- provements in the vicinity. (ii) Barbed wire may be permitted in commercial and industrial zones when used as the top section for secur- ity fences and shall be a minimum of seventy two inches (72 above grade. (iii) The use of dangerous material such as boxes, sheet metal or broken masonry blocks for fencing is hereby pro- hibited. (iv) No fence shall be permitted in the sidewalk area or in a location that will impair the construction of sidewalks. (v) In the event any fence restricts access to established rights -of -way or easements, it shall be the fence owner's responsibility, at his expense, to provide access upon de- mand of the City or other entitled party. (vi) Fences which deprive adjacent properties of a natural view of a landscape which is a contributing factor in the value of the land are prohibited. (vii) The sight or clear vision triangle is defined by measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40 along each roadway and connecting the two (2) points with a straight line. The edge of the roadway shall be defined as the curb. The sight distance obstruction is also applicable to railroad highway grade crossings with vision triangle defined by measuring forty feet (40 along the railroad property line. (d) Residential Districts: (i) Interior lots: Solid or closed non - vision fences to a height of thirty six inches (36 "), or open - vision type fences to a height of forty eight inches (48 "), may be built from the front of the dwelling unit to a distance of five feet (5') from the curb or to the inside of the exist- ing sidewalk. Fences to a height of seventy -two inches (72 ") may be built from the front of the dwelling unit to the rear property line. (ii) Corner lots: Any fence within the clear vision triangle, as defined by this Chapter, shall be limited to thirty six inches (36 ") in height measured from the crown of the street. Solid or closed non - vision fences to a height of thirty six inches (36 or open- vision type fences to a height of forty eight inches (48 may be built to a distance of five feet (5') from the curb or the inside of an existing sidewalk to the front of the dwelling unit. A fence of seventy two inches (72 ") in height may be built along side property lines or to a distance of five feet from the curb if no sidewalk exists, or to the inside of an existing side walk from the front of the dwelling unit to the rear prop- erty line provided that no fence which exceeds thirty six inches (36 in height may be erected in the clear vision ORDINANCE - 2 0 0 triangle, w1th- #ke- €e11ew1mg- a *eept1ea` and provided vision is not impaired to any adjacent property as to create a safety hazard. Approval is required from the adjacent property as follows In a rear yard or a side yard of a corner lot abutting an adjacent front yard, fence height is restricted to solid or closed non - vision fences of thirty six inches (36 and open vision type fences of forty eight inches (48 unless an agreement is obtained in writing from the property owner of the adjacent front yard involved. (e) Commercial or Industrial Zones: Fences not to exceed eight feet (8 in height may be located or maintained on any property line except within the boundaries of the vision triangle. In the case of security fences when a barbed wire top section is desired, the eight feet (8 maximum height limitation may be exceeded by up to thirty inches (30 ") solely and exclusively by the barbed wire security top section. (f) Fences Required for Sight Obstruction: (i) Certain uses are declared and other uses may be declared in the future by the City to possess character- istics such that sight obstruction is required to preclude damage, hazard, nuisance or other detriment to the public health, safety, or welfare, or to be materially injurious to property or improvements in the vicinity. (ii) Fences required to obtain sight obstruction where required by provisions of this Chapter shall be of a solid or non - vision type and of not less than eight feet (8 1 ) in height from the level of the ground and completely obscuring from outside view the use requiring sight ob- struction. (iii) The following uses are declared to require sight obscuring fences: Junk yard. Wrecking Yard. Equipment or vehicle salvage storage yard. Sanitary landfill. Other uses not specifically listed but determined to be similar in nature to the aforementioned uses. (Ord. 1587, 12 -9 -80) Section 3: All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 4: 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 of the City of Caldwell this 15th day of June , 1982. APPROVED BY THE MAYOR of the City of Caldwell this 15th day of June , 1962. ayor ATTEST: City Cle ORDINANCE - 3