HomeMy WebLinkAboutORD 19879 0
BILL NO. 12
ORDINANCE NO. 1987
AN ORDINANCE TO AMEND PORTIONS OF TITLE VI, CHAPTER 2, CHAPTER 3 AND
CHAPTER 4, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF
CANYON, STATE OF IDAHO, PERTAINING TO MINIMUM SETBACK YARD
REQUIREMENTS AND ADMINISTRATIVE APPROVALS: REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE
CITY OF CALDWELL, IDAHO, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Table 2 of Section 6 -2 -1 of the Municipal Code of the City of Caldwell,
County of Canyon, State of Idaho, attached hereto as Exhibit "A" and hereby made a part
of this ordinance, shall be amended by adding and deleting certain language as follows
and as shown on said Exhibit "A ':
(2) The maximum height may be exceeded by Special Use Permit with the exception
that requests for additional height not exceeding twenty -five percent (25 %) of the
requirement may be considered and approved administratively by the Planning
and Zoning Director.
(4) A total of twelve feet (12') for both side yards with one side being not less than
feUfeet -{4'} five feet (6)
(5) The maximum height may be exceeded only upon the granting of a special use
permit by the Planning and Zoning Commission with the exception that requests
for additional height not exceeding twenty -five percent (25 %) of the requirement
may be considered and approved administratively by the Planning and Zonina
Director.
(7) The minimum setback yard provisions may be reduced administratively by the
Planning and Zoning Director when the request for setback reduction does not
exceed twenty -five percent (25 %) of the requirement.
Section 2. That Table 3 of Section 6 -2 -1 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:
ORDINANCE - P.1
12) c. 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 district shall be permitted in any rear yard that abuts
an alley with no parking space or building closer than '
side - pFepee four feet (4') from a rear property line and five feet (5) from a
side property line.
12) d. 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 fetes
feet (4') five feet (6) from the rear or side property line.
12) f. Parking in side setback areas will be permitted with no parking space closer
than fees -feet (44 five feet (5') from a side property line.
Section 3. That Section 6 -3 -1 (D) 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:
D,4 Outbuildings not used as dwellings and not exceeding an area of six hundred
(600) square feet are permitted in the rear setback area with no building to be
closer than f9UF feet (4'� five feet (5') from a rear or side property line or four feet
(4') from a rear property line when on an alley. In the R -1 Residential Zone,
the height of an outbuilding not used as a dwelling shall not exceed fifteen feet
(15') except by special use permit.
Section 4. That Section 6-4-2 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:
6 -4 -2: DUTIES OF THE PLANNING AND ZONING DIRECTOR The
Council shall appoint an - AdrAinistFateF Planning and Zoning Director to administer this
Title. The AdFniA'6# Planning and Zoning Director may be provided with the
assistance of such other persons as the Council may direct. For the purpose of this Title,
the Planning and Zoning Director shall have the following duties:
(A) Administer planning and zoning codes as developed by the City Council and the
Planning and Zoning Commission.
(B) Assist the public and advise interested persons of Zoning Title provisions.
(C) Notify the news media regarding matters of public interest.
(D) Aid applicants in the preparation and expedition of required applications.
(E) Investigate all violations of this Title and notify, in writing, the person responsible
for such violation(s), ordering the action necessary to correct such violations.
ORDINANCE - P.2
(F) Assist the Commission and Council in carrying out the provisions of this Title.
u Grant administrative approvals on certain types of zoning permits in order to
economize the agendas of the Planning and Zoning Commission and reduce delay
and cost to the city, the applicant and the general public in processing
applications in accordance with the following provisions:
1. Modification of maximum height and minimum setback yard provisions
contained in Table 2, Section 6 -2 -1 of this Title not to exceed twenty -five
percent (25 %) of the requirement.
2. Precedent setting matters and items which affect established planning
policy shall be referred to the Planning and Zoning Commission for
decision.
3. Applications shall be submitted on forms prescribed by the Planning and
Zoning Director and accompanied by the appropriate filing fee.
4. Notice of application shall be mailed to adjacent property owners at least
ten (10) days prior to the rendering of an administrative decision.
5. Administrative decisions shall be made in accordance with procedures and
criteria contained in Sections 6- 4-4(A) and 6- 5 -5(A) of this Title.
6. Administrative decisions shall be specified in w riting to include the
ordinances and standards used in evaluating the application, reasons for
approval or denial and the actions, if any, that the applicant could take to
obtain a permit. The applicant and property owners within 300 feet of the
subject property shall be notified of the decision and their right of appeal.
7. Administrative decisions may be appealed to the Planning and Zonin
Commission by the applicant or any owner of property within a three
hundred foot (300') radius of the exterior boundaries of the subject property
provided written notice of the appeal is filed with the Planning and Zoning
Department within ten (10) days after the decision of the Director.
Section 4. That Section 6 -4-6 of the Municipal Code of the City of Caldwell, County of
Canyon, State of Idaho, shall be amended by adding certain language as follows:
Administrative Approvals. $25.00.
and renumbering (F) to (G).
Section 5. All ordinances or parts of ordinances inconsistent are hereby repealed.
Section 6. This ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
ORDINANCE - P.3
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PASSED BY THE CITY COUNCIL of the City of Caldwell this 3rd day of
May , 1993.
APPROVED BY THE MAYOR of �th7City of Cald ell th' 3rd day of
Ma
Mayor
ATTEST:
City Clerk
ORDINANCE - PA