HomeMy WebLinkAboutORD 22139 0
BILL NO. 39
ORDINANCE NO. 2213
AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 2,
ZONING DISTRICT REGULATIONS AND STANDARDS, SECTION 10- 02 -08, NON-
CONFORMING USES; ARTICLE 3, ADMINISTRATIVE PROCEDURES, SECTION 10- 03 -02,
DUTIES OF THE PLANNING AND ZONING DIRECTOR: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS, AND 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 Chapter 10, Article 2, Section 10- 02 -08, Nonconforming Uses, shall be amended by
adding certain language as follows:
(12) Any structure in use as a residence at the time of adoption or amendment to this Chapter. and which
has continued as a residential use, shall not be considered to be a nonconforminp, use but shall be
considered to be a special use until such time that the residential use is replaced with another gpproved use.
A residential structure, existing as a special use, shall be granted the same privileges as a permitted
residential structure and may be enlarged, expanded, replaced and/or remodeled, if a building permit has
been obtained, and as long as setbacks of the underlying zone can be met or a variance is granted. Upon
a change in use, the structure shall not be returned to a residential use unless a special use permit has been
approved following the public hearing groocess. A change in use shall not be considered to have occurred until
the structure has actually been converted to a non - residential use.
SECTION 2. That Chapter 10, Article 3, Section 10- 03 -02, Duties of the Planning and Zoning Director, shall be
amended by adding and deleting certain language as follows:
10 -03 -02: DUTIES OF THE PLANNING AND ZONING DIRECTOR: The Council shall appoint a Planning and
Zoning Director to administer this ehapte, who shall be responsible for enforcing and administering this Chapter.
The Planning and Zoning Director may be provided with the assistance of such other persons as the Council may
direct. For the purpose of this Chapter, the Planning and Zoning Director shall have the following duties:
(1) Administer Planning and Zoning ecides as developed by the aty eouneii and the Piwming and Z
Earn nissiom Interpret and administer this Chapter. The Director shall have the authority to order, in writing, the
remedy of any condition found to be in violation of this Chapter, or of my permit approved under the provisions
of this Chapter. Any Rgrson aggrieved by a decision made by the Director in interpreting or enforcing this Chapter
may appeal such decision following the procedures outlined in Subsection 7G of this Section. Such appeal shall be
heard followins the public hearing requir ements set forth in Section 10- 03 -03, Subsection 2 of this Article.
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SECTION 3. That Chapter 10, Article 3, Section 10- 03 -02, Duties of the Planning and Zoning Commission, shall
be amended by renumbering the remaining subsections as follows:
(6)
(7) U
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 1st day of Decemb 1997.
APPROVED BY THE MAYOR of the City of Caldwell this 1st day of December , 1997.
ATTEST:
F o r
City Clerk