HomeMy WebLinkAboutORD 1746BILL NO. 7
ORDINANCE NO. 1746
AN ORDINANCE AMENDING TITLE VI, CHAPTER 4, OF THE MUNICIPAL CODE
OF CALDWELL, IDAHO, TO PROVIDE FOR NOTICE TO PROPERTY OWNERS OR
PURCHASERS OF RECORD IN ZONING DISTRICT BOUNDARY CHANGES AND
SPECIAL USE PERMITS; POSTING NOTICE ON PREMISES; ADDING THE
PROVISION THAT A GOVERNING BOARD MAY NOT CHANGE THE ZONING
CLASSIFICATION OF PROPERTY FOR A PERIOD OF FOUR YEARS AFTER
ADOPTION WITHOUT WRITTEN CONSENT OF CURRENT PROPERTY OWNER; AND
REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
SECTION 1. That Section 6- 4- 3(B) -2 be and the same is
hereby amended to read as follows:
6- 4- 3(B) -2. If the request is in accordance with the
adopted Comprehensive Plan, the Commission may recommend and the
Council may adopt or reject the amendment to this Title under the
same notice and hearing procedures as set forth for the
Commission; provided that, in the case of a zoning district
boundary change, additional notice shall be provided by mail to
property owners aad Festdeets or purchasers of record within the
land being considered; three hundred feet (300 beyond the
external boundaries of the land being considered; and any
additional area that may be impacted by the proposed change as
determined by the Commission. Notice shall also be posted on the
premises not less than one Cl creek prior to the hearing
When notice is required to be given to two hundred (200) or
more property owners or nesideats purchasers of record an
alternative form of procedure of official notice of the public
hearing for both the Commission and Council shall be that the
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public hearing notice shall be published in the official
newspaper or newspaper of general circulation in the area two (2)
consecutive times.
SECTION 2. That Section 6- 4 -3(B) be and the same is hereby
amended by adding the following:
4. I£ a governing board adopts a zoning classification
pursuant to a request by a property owner based upon a valid,
existing comprehensive plan and zoning ordinance, the governing
board shall not subsequently reverse its action or otherwise
change the zoning classification of said property without the
consent in writing of the current property owner for a period of
four t4) years from the date the governing board adopted said
individual property owners request for a zoning classification
change. I£ the governing body does reverse its action or
otherwise change the zoning classification of said property
during the above four (4) year period without the current
property owners consent in writing, the current property owner
shall have standing in a court of competent jurisdiction to
enforce the provisions of this section
SECTION 3. That Section 6- 4 -4(C) be and the same is hereby
amended as follows:
(C) The Commission shall conduct at least one public
hearing on each special permit application in which interested
persons shall have opportunity to be heard. At least fifteen
(15) days prior to the hearing, notice of the time and place and
a summary of the proposal shall be published in the official
newspaper or paper of general circulation within the area.
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Notice may also be made available to other papers, radio and
television stations serving the jurisdiction for use as a public
service announcement. Notice shall be posted on the premises not
less than one 01 week prior to the hearing Notice shall also
be provided to property owners aad Pes "ewka or purchasers of
record within the land being considered, three hundred feet
(300') beyond the external boundaries of the land being
considered, and any additional area that may be substantially
impacted by the proposed special permit use as determined by the
Commission. When notice is required to two hundred (200) or more
property owners or Pea &dewts purchasers of record an alternative
form or procedure of official notice shall be that the public
hearing notice shall be published in the official newspaper or
newspaper of general circulation two (2) consecutive times.
SECTION 4. All ordinances or parts of ordinances
inconsistent herewith are hereby repealed.
SECTION 5. 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
29th. of June , 1987•
APPROVED BY THE MAYOR of the City of Caldwell this
29t1 day of June_ 1987•
Mayor
ATTEST:
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