HomeMy WebLinkAboutORD 1865• BILL NO. 29
ORDINANCE NO. 1865
AN ORDINANCE TO AMEND TITLE VI, CHAPTER 5, SECTION 4 AND TITLE
VI, CHAPTER 3 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO HOME OCCUPATIONS
IN RESIDENTIAL ZONES: REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL,
IDAHO, COUNTY OF CANYON, STATE OF IDAHO:
SECTION 1. THAT TITLE VI, CHAPTER 5, SECTION 4 (HOME OCCUPATION)
OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON,
STATE OF IDAHO, SHALL DE AMENDED BY ADDING AND DELETING CERTAIN
LANGUAGE AS FOLLOWS:
HOME
OCCUPATION: ANY GAINFUL OCCUPATION ENGAGED IN BY AN OCCUPANT
OF A DWELLING UNIT INCLUDING HANDICRAFTS,
DRESSMAKING, MILLINERY, LAUNDERING, PRESERVING,
OFFICE OF A CLERGYMAN, TEACHING OF MUSIC, DANCING
AND OTHER INSTRUCTION AND OTHER LIKE OCCUPANCIES
WHICH MEET ALL OF THE FOLLOWING CONDITIONS SE T
FORTH IN SECTION 6 -3 -5 OF THE ZONING ORDINANCE.
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SECTION 2. THAT TIOE VI, CHAPTER 3, SECTION 0 OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO,
SHALL BE AMENDED BY ADDING CERTAIN LANGUAGE AS FOLLOWS:
6 -3 -5 HOME OCCUPATIONS
(A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN A HOME
OCCUPATION AS DEFINED IN SECTION 6 -5 -4 OF THE ZONING
ORDINANCE WITHIN THE CITY OF CALDWELL WITHOUT HAVING
FIRST RECEIVED A PERMIT THEREFOR
APP LICATION
WRITING, SIGNED TO AND SWORN TO BY THE RESIDENT OR
THE PROPERTY OWNER UPON APPLICATION FORMS FURNISHED By
THE CITY PLANNING AND ZQNiNG DEPARTMENT,
(C) T
(1 )
T HE
USE Is CLEARLY INCIDENTAL AND SECONDARY In
T HE
USE OF THE DWELLING FOR DWELLING PURPOSES.
(2)
THE
USE IS CONDUCTED ENTIRELY WITHIN A DWELLING
(3)
AND
NO
IS CARRIED ON BY THE INHABITANTS THEREOF.
ARTICLE SHALL BE SOLD OR OFFERED FOR SALE ON
THE
PREMISES, EXCEPT SUCH AS IS PRODUCED BY THE
OCCUPANTS ON THE PREMISES. ANY ILLEGAL ARTICLES
OR
GOODS SOLD OR OFFERED FOR SALE ON THE PREMISES
SUCH
AS STOLEN PROPERTY OR ANY FORM OF CONTRABAND
(4)
S HALL BE STRICTLY PROHIBITED.
THE USE DOES NOT CHANGE THE CHARACTER OF THE
DWELLING OR ADVERSELY AFFECT THE USES PERMITTED IN
(5)
T HE
THE
ZONING DISTRICTS.
USE REQUIRES NO ADDITIONAL OFF- STREET
PARKING SPACES.
(6) NO PERSONS ARE EMPLOYED OTHER THAN THOSE
N ECESSARY FOR DOMESTIC PURPOSES.
(7) NOT MORE THAN ONE - FOURTH (104) OF THE GROSS AREA
OF THE ONE FLOOR OF SAID DWELLING IS USED FOR SUCH
USE.
(D) A HOME OCUPATION PERMIT MAY BEOVOKED IF IT IS
OCCUPATION IS BEING VIOLATED. PRIOR TO ANY REVOCATION,
THE APPLICANT SHALL BE AFFORDED AN OPPORTUNITY FOR A
HEARING BEFORE THE PLANNING AND ZONING COMMISSION, SAID
HEARING MUST BE REQUESTED WITHIN SEVEN (7) DAYS OF
RECEIPT OF A NOTICE OF INTENT TO REVOKE A HOME
OCCUPATION PERMIT. FAILURE TO REQUEST SUCH A HEARING
WILL RESULT IN REV OCATION OF THE HOME OCCUPATION
PERMIT.
(E) IN
R
A HOME OCCUPATION
BEEN INITIATED ON THE BASIS OF A VIOLATION OF SECTION
6 - 3 - 5 (C) (3) OF THE ZONING ORDINANCE WHICH PROHIBITS
ANY ILLEGAL ARTICLES OR GOODS TO BE SOLD OR OFFERED FOR
SALE ON THE PROPERTY SUCH AS STOLEN PROPERTY OR
CONTRABAND, THE CITY COUNCIL MAY, AT THE REQUEST AND
RECOMMENDATION OF THE CHIEF OF POLICE, INVOKE A CIVIL
PENALTY OF UP TO $2,000.00 PROVIDED THAT THE INDIVIDUAL
BEING ASSESSED IS ALSO ADVISED OF THE POSSIBLE CIVIL
PENALTY WHEN THEY ARE NOTIFIED OF THE REVOCATION
PROCESS ADDRESSED IN (D). ANY FINES DERIVED FROM THESE
PENALTIES WILL BE PLACED IN A DEDICATED FUND TO BE USED
TO FUND CRIME PREVENTION PROGRAMS.
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
6 DAY OF
THE CITY COUNCIL of THE CITY OF CALDWELL THIS
August 1990.
APPROVED BY THE MAYOR OF THE
DAY OF Aug L5 _1 990 .
ATTEST:
zl'- 2x,-
CITY CLERK
CITY OF CALDWELL THIS
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