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HomeMy WebLinkAboutORD 1930BILL NO. 40 i ORDINANCE NO. 1930 AN ORDINANCE TO AMEND TITLE VI, CHAPTER 4, SECTION 4 (G) (H) AND TITLE VI, CHAPTER 4, SECTION 5 (G) (H) OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO PERTAINING TO THE APPEAL PROCESS TO CITY COUNCIL FOR SPECIAL USE PERMITS AND VARIANCE PERMITS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED, BY THE MAYOR AND THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, COUNTY OF CANYON, STATE OF IDAHO: SECTION 1. That Title VI, Chapter 4, Section 4 (G) (H) of the Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall be amended by adding certain language as follows: SECTION 6 -4 -4 (G) The applicant or any owner of property within a three hundred foot (300') radius of the exterior boundaries of the subject property may appeal the decision of the Commission provided written notice of such an appeal is filed with the City Clerk in accordance with Section 1 -26 -5 of the Caldwell Municipal Code. (H) In reviewing an appeal pertaining to the special permit, the council shall hold a public hearing using the public hearing notice and procedures prescribed for the Commission and in accordance with Section 1 -26 -6 of the Caldwell Municipal Code. The City Council may approve, disapprove or modify the action of the Commission. SECTION 2. That Title VI, Chapter 4, Section 5 (E) (F) of the Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall be amended by adding and deleting certain language as follows: SECTION 6 -4 -5 (E) The applicant or any owner of property within a three hundred foot (300') radius of the exterior boundaries of the subject property may appeal the decision of the Commission provided written notice of such an appeal is filed with the City Clerk in accordance with Section 1 -26 -5 of the Caldwell Municipal Code. 1 (F) In reviewinfan appeal pertaining to a variance request, the Council shall hold a public hearing using the public hearing notice procedure prescribed for the Commission and in accordance with Section 1 -26- 6 of the Caldwell Municipal Code. The City Council may approve, disapprove or modify the action of the Commission. leas SECTION 3. All ordinances or parts of ordinances inconsistent are hereby repealed.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 COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 6th day of January , 199 2 . APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 6th day of January , 199 2 Mayor ATTEST: City Clerk K