HomeMy WebLinkAboutORD 22400 0
BILL NO. 19
ORDINANCE NO. 2240
AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 3, SECTION
10- 03 -11, DEFINITIONS, BY REDEFINING "DWELLING UNIT" AND AMENDING SECTION 10-
02-08, SUBSECTION 12, NONCONFORMING USES, BY ADDING AND DELETING CERTAIN
LANGUAGE IN ORDER TO RE -CLAWY THIS SUBSECTION; AND AMENDING SECTION 10 -02-
02, TABLE 1, LAND USE SCHEDULE BY ADDING CHILD CARE CENTER AS A SPECIAL USE
TO RI AND R2 ZONES, AND BY ADDING GROUP DAY CARE FACILITIES AS A SPECIAL USE
TO RI 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, County of Canyon, State of Idaho:
Section 1. That Article 3, Section 10- 03 -11, Definitions, shall be amended by deleting and adding
certain language as follows:
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One or more rooms arranged so as to create a habitable housekeeping unit for occupanc
by one family that includes sleeping cooking, and sanitary facilities.
Section 2. That Article 2, Section 10- 02 -08, Subsection 12, shall be amended by deleting and adding certain
language as follows:
Any habitable structure located in a commercial or industrial zone that was 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 nonconforming use but shall be considered to be a special use until such time that the
residential use is replaced with another approved use. A residential structure, egg -as- rg anted special use
status shall be- gfanted have 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 the setbacks of
the underlying zone can be met or a variance is granted. Upon a change in use to commercial or industrial,
the structure shall not be changed back to a residential use unless a special use permit has been approved
following the public hearing process. A change in use shall not be considered to have occurred until the
structure has actually been converted to a non - residential use.
Section 3. That Article 2, Section 10- 02 -02, Table 1, Land Use Schedule, shall be amended by adding Child
Care Center to the list of special uses in R1 and R2 zones, and by adding Group Day Care Facility as a special
use in R zones.
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 17th day of
August , 1998.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 17th day of
August , 1998.
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Mayor Nancolas
ATTEST:
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