HomeMy WebLinkAboutORD 2820ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2820
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 10 OF THE CALDWELL CITY CODE WHICH IS THE ZONING ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN
CONFLICT HEREWITH.
Section 1: Amends Chapter 10, Article 2, Section 6 of the Caldwell City Code, regarding signs, by
specifying that portable changeable copy signs are prohibited regardless of what is being advertised on
said signs.
Section 2: Amends Chapter 10, Article 2, Section 10, regarding the daycare ordinance, as follows:
(1) Revises definition for net indoor floor area.
(2) Provides a timeline for submittal of applications.
(3) Provides exceptions for daycare centers in business prior to February 16, 2010.
(4) Clarifies provisions for net indoor floor area and who should be counted in that number.
Provides prohibition of basements and upper floors as daycare areas unless certain conditions
are met. Deletes requirement for Southwest District Health inspections.
(5) Clarifies inspection process and when permits shall be revoked or not. Deletes duplicate
language regarding revocation of permits.
(6) Clarifies that state licensure if revoked, whether the licensure is voluntary or mandatory, must
be reinstated before the city will reinstate the city's daycare permit.
(7) Clarifies who needs a complete background check versus a limited background check upon
renewal.
(8) Provides deadline timeframe for renewal applications.
(9) Clarifies diaper changing areas, areas applicable to meeting safety standards, deletes water
supply requirement. Clarifies which areas of a facility need to be made available for inspection.
(10) Adds language of "other acceptable entity" to American Red Cross and American Heart
Association as being acceptable to provide first aid and CPR training.
Section 3: Amends Chapter 10, Article 7, Section 12, regarding the landscape ordinance, by changing
the approval authority from the planning and zoning department to the public works director /city
engineer.
Section 4: Repeals conflicting ordinances, resolutions and orders.
Section 5: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 6: Provides for severability.
Ordinance No. 2820 provides an effective date, which shall be when published in the Idaho Press
Tribune on the 8 th day of March 2010. Ordinance No. 2820 was passed by the Council and approved
by the Mayor on the 1 St day of March 2010. The full text of the Ordinance is available at Caldwell
Planning & Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City
Council approved the foregoing summary on the 16 day of February 2010 for publication on the 1St
day of March 2010, pursuant to Idaho Code 50 -901A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2820 and provides adequate notice t
the contents of such ordinance.
DATED this 1 St day of March 2C
Mark Hilty, Attorney for City of
0
s
BILL NO. 5
ORDINANCE NO. 2820
AN ORDINANCE AMENDING CHAPTER 10 OF THE CALDWELL CITY CODE WHICH IS THE ZONING
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
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. Chapter 10, Article 2, regarding the sign ordinance, shall be amended as follows:
Section 10- 02- 06(9)(A)(1)(A)(v): Portable changeable copy signs regardless of what is being advertised be it
real estate for lease, sale or rent; goods and /or services either wholesale or retail; and /or any type of event, that
are transportable with wheels, trailers or similar that have a thickness of more than one (1) inch are prohibited.
Section 2. Chapter 10, Article 2, Section 10, regarding the daycare ordinance, shall be amended as follows:
(1) Definitions:
V4s+ble Net Indoor Floor Area: That area contained within the facility that is used for child care purposes
where children are personally within both the personal visual and personal audio range of pefsGna44y
visible to the employee or caregiver and does not include permanent built -in structures such as desks,
shelves, closets and similar. At the discretion of the fire inspector excessive non-
permanent items such as couches, tables and similar may also count against the net indoor floor area.
(2) General Standards:
E. Daycare permit applications shall not be accepted for any address that has existing City code
violations, nor shall any daycare permits be issued or renewed to any site that has City code
violations unless acceptance of the application facilitates the compliance process. Daycare permit
applications and daycare permit renewal applications are only valid for sixty (60) days from the date
of submittal.
F. Daycare permits for all daycare centers, family /group daycare homes and preschools shall be
issued for a one -year time period only and shall have to be renewed on an annual basis to continue
conducting business operations.
G. The provisions of this section do not apply to: the occasional care of a neighbor's, relative's or
friend's child or children, either in or out of the child or children's place of residence, by a person not
ordinarily in the business of providing daycare; the operation of a private school or religious school
for educational purposes for children five (5) years of age or older; the operation of day camps,
programs and religious schools for less than twelve (12) weeks during a calendar year or not more
often than once a week.
H. Parking surfacing and size requirements as outlined in Section 10 -02 -06 shall be met for daycare
centers and those preschools that require a special use permit If the business qualifies as a home
occupation, parking restrictions as outlined in Section 10 -02 -09 shall be adhered to. All daycare
centers aPA- well as those preschools that require a special use
ep rmit shall provide off street parking equal to one space for every employee plus one space for
every eight children for whom compensation is being received as well as providing required
accessible parking—.E— pt that e xceptions may be made by the planning and zoning department
in certain instances where the size of the parcel or lot or the lack of a driveway /approach may
impede complete fulfillment of this requirement or in instances where the business was pre - existing
prior to February 16, 2010.
I. On- street drop- off /pick -up of children shall not be allowed on collector or arterial streets. Sufficient
on -site, off- street area for the drop -off /pick -up of children shall be provided, except that on- street
drop- off /pick -up of children may be allowed on local or residential streets for family /group daycare
homes or preschools, as approved by the planning and zoning department.
J. All signage shall meet the requirements of section 10 -02 -06 of city code.
Bill No. 5 (sign, daycare, landscape amendment) Page 1 of 5
K. In residential zoning districts, no structural alterations to a building are allowed which result in
changing the exterior residential character of the building.
L. No outdoor activities for attendees shall be allowed before 7:30 a.m. or after 7:30 p.m.
M. Daycare centers shall provide a minimum of 35 square feet of onsite outside play area per child,
except that this requirement shall be waived for those daycare centers that were pre- existing prior to
February 16, 2010.
N. All outdoor play /activity areas for daycare centers shall be enclosed with a minimum four -foot s*-
fest high fence /wall. Said fence /wall shall meet all the city fencing regulations.
O. Additional setbacks, walls, fences or landscaping may be required as conditions of approval for any
special use permits.
P. Minimum of 35 square feet of visible net indoor floor area as defined herein, on the main floor
(excluding bathrooms, hallways and kitchens) for every single peFsen all employees, applicants,
owners, helpers, providers and all other persons less than thirteen (13) years of age (which includes
the children of the employees, applicants, owners, helpers, and /or providers) within the home,
place, building, structure or facility at any one given time during business hours is required. T its
is a deGiding faGtOF i n the number of dh a Basements and upper floors are not permitted
to be utilized as day care areas or net indoor floor area unless permission for such has been
granted by the fire inspector as per applicable fire codes.
R. All daycare centers, family /group daycare homes and preschools, including those in existence prior
to and upon the effective date hereof, shall be subject to scheduled annual inspections for renewal
and unscheduled, random inspections for compliance by the planning and zoning department and
the fire department. Permits shall be renewed subject to passing of all inspections. Permits shall be
compliant with all federal, state and city codes and regulations in place at the time of inspections.
Permits found to be noncompliant upon annual inspection shall not be renewed until such time that
compliance has been accomplished and inspections have been approved by both the planning and
zoning inspector and the fire inspector. Permits found to be noncompliant upon random inspections
shall be revoked immediately and shall not be reinstated until all applicable federal, state and city
codes have been met. but sha be Fevoked by the p and zen department i f a_cimp
0 sR't aGGGMP w i th i n th (39) days of nGt Of RGRGGFnp Perm found to be
department i f Gemp i sn't aGGOMp W i th i n th (30) days ef net of nenGempl
fbF a heaF beefore the n-na Sa IhAeaF must be requested w seven (7) days Of FeGe
W Mth thp sa th (30) days aF40F fa' tG Fequeesst rwnh a ar a de ab e, w
re.newa of dayGare PW; as we as any app annual renewa i nSpeGt i an fees, shall be pa
upon subm of the FeRewa appl and sha be the ame-unt set forth by G G061nG thFGU94
S. If the business qualifies as a home occupation, all requirements as listed in Section 10 -02 -09 shall
be adhered to prior to issuance of a daycare permit, in addition to all requirements as stated in
section 10 -02 -10 herein.
T. No play equipment or play structures shall be allowed in the front yard or within five (5) feet of a side
or rear property line, except that these requirements may be relaxed at the discretion of the
planning and zoning inspector in certain circumstances
where pre- existing equipment and /or space is an issue. All play equipment and play structures shall
be maintained in a neat, clean, safe and well- maintained condition as a condition of issuance of the
daycare permit. All requirements from Section 10 -02 -04 of city code regarding accessory buildings,
structures and uses shall be met.
U. Permits shall be posted in a conspicuous location in the facility and shall list
lead -arid the child -to -staff ratio.
V. Revocation of the State of Idaho licensure of any facility licensed by said state whether said
licensure is voluntary or required, shall result in immediate revocation of the City's daycare permit.
Reinstatement of the City's daycare permit shall be dependent upon reinstatement of the State of
Idaho's licensure and upon passing of all city requirements and inspections. In no case shall the
Bill No. 5 (sign, daycare, landscape amendment) Page 2 of 5
City reinstate the City's daycare permit until the State of Idaho licensure has been reinstated and all
city requirements and inspections have been passed.
(3) Initial Application Process:
C. Prior to issuance of a daycare permit, owners and operators, as well as employees who have direct
contact with children, all individuals thirteen (13) years of age or older who have unsupervised direct
contact with children or are regularly on the premises or reside in the home of all daycare centers,
family /group daycare homes and preschools or are considered a caregiver as defined herein, shall
obtain and pass a complete fingerprinted criminal history check as performed by the Department of
Health and Welfare. The criminal history check shall be performed within thirty (30) days of the
submittal date of the daycare permit application. In the event anyone required to have the complete
fingerprinted criminal history check has had a complete fingerprinted criminal history check in the
past, said past check is not valid for purposes of the daycare permit application unless said past
check was performed within thirty (30) days of the submittal date of the daycare permit application.
Said criminal history check includes the following:
1. Statewide criminal identification bureau
2. Federal bureau of investigation (FBI) criminal history;
3. National crime information center; and
4. Statewide childe abuse registry.
5. Criminal history checks on those persons under eighteen (18) years of age shall
include a check of the juvenile justice records of adjudications of the magistrate
division of the district court, county probation services and department of health
and welfare records as authorized by the minor and his /her parent or guardian.
D. Upon receipt of the daycare permit application, all attachments and fees, approved inspections and
passage of the criminal history check by all individuals noted above the planning and department
shall, upon a finding of compliance with the minimum standards set forth in this section, issue a
daycare permit to the applicant. The permit shall be valid for one (1) year and shall be posted in a
conspicuous place at the premises.
(4) Renewal of Daycare Permits:
A. The planning and zoning department shall send a renewal application to the owner /operator of the
daycare center, family /group daycare home or preschool no later than ninety (90) days prior to the
expiration of the existing permit. The owner /operator shall submit to the planning and zoning
department the renewal application, with any required attachments as outlined in said renewal
application, as well as the renewal fee and inspection fees and a- required criminal history checks
prior to the expiration of the existing permit. A complete criminal history check, as performed by the
department of health and welfare, shall be provided and passed for any new persons requiring a
criminal history check in accordance with section 10- 02- 10(3)(C). This means that if, at the date of
submittal of the renewal application, there are any individuals residing in the home who are over
thirteen (13) years of age and /or any helpers, employees or caregivers who did not complete and
pass a complete criminal history check for the city when the original application was submitted, then
those individuals will have to complete and pass a complete criminal history background check
within thirty (30) days of the date of submittal of the renewal application or a renewed daycare
permit will not be issued. For those individuals who did complete and pass a complete criminal
history check for the city at the time of original application, a limited background
check, as performed by the state police department shall be
completed and passed within thirty (30) days of the date of submittal of the renewal
application.
1 Statewide nriminal irlentifinetion bureau;
,
7 National prime information venter• , and
1 Statewide nhild abuse regi&t y
,
Bill No. 5 (sign, daycare, landscape amendment) Page 3 of 5
B. Upon receipt of the renewal application, all attachments and fees, approved inspections and
passage of criminal history check and /or limited criminal history checks, the planning and
department shall, upon a finding of compliance with the minimum standards set forth in this section,
issue a daycare permit to the applicant. The permit shall be valid for one (1) year and shall be
posted in a conspicuous place at the premises. Renewal applications must be submitted prior to the
expiration date of the existing permit to avoid expiration. Once submitted, the applicant has thirty
(30) days from the date of submittal to complete and pass all required inspections and background
checks, even if this thirty (30) days goes beyond the expiration date of the existing permit. Failure to
accomplish said inspections and background checks within the thirty -day timeframe from date of
submittal, however, shall then result in expiration of the daycare permit. A new daycare permit
application shall then be submitted along with fees pertaininq to a new application and new
inspections.
(4) Safety Standards:
A. All daycare centers, family /group daycare homes and preschools shall comply with the following
safety standards:
7. The owner or operator of a daycare center, family /group daycare home or preschool shall
ensure that at all times children are present, at least one (1) person who is over eighteen (18) years
of age on the premises has current certification from either the Red Cross or American Heart
Association or other comparable organization in CPR and pediatric /infant CPR as well as first -aid
treatment from a certified instructor from the American Red Cross or another acceptable entity.
(5): Health Standards:
A. Daycare centers, family /group daycare homes and preschools shall comply with the following
health standards:
1. Food for use during business hours shall be prepared and served in a sanitary manner
with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior
to use to prevent contamination;
2. All food that is to be served during business hours shall be stored in such a manner that it
is protected from potential contamination;
3. Diaper changing shall be conducted in a designated diaper changing area other than a
couch or living room floor and in such a manner as to prevent the spread of
communicable diseases;
4. Sleeping and play areas (including all outdoor areas accessible to the children), all areas
utilized for day care, kitchens, food preparation areas, restrooms and restroom and
kitchen fixtures shall be maintained in a safe, sanitary and clean condition and shall be
kept free from fire hazards, hazardous materials, waste, debris and unsanitary, unclean
and unsafe objects and conditions;
5. Children and personnel shall be provided with individual or disposable towels for
handwashing and the handwashing area shall be equipped with soap and hot and cold
running water;
fie;
70 Medicines, cleaning supplies and other hazardous substances must be stored out of
reach of children;
Bill No. 5 (sign, daycare, landscape amendment) Page 4 of 5
- m
(5): Health Standards:
A. Daycare centers, family /group daycare homes and preschools shall comply with the following
health standards:
1. Food for use during business hours shall be prepared and served in a sanitary manner
with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior
to use to prevent contamination;
2. All food that is to be served during business hours shall be stored in such a manner that it
is protected from potential contamination;
3. Diaper changing shall be conducted in a designated diaper changing area other than a
couch or living room floor and in such a manner as to prevent the spread of
communicable diseases;
4. Sleeping and play areas (including all outdoor areas accessible to the children), all areas
utilized for day care, kitchens, food preparation areas, restrooms and restroom and
kitchen fixtures shall be maintained in a safe, sanitary and clean condition and shall be
kept free from fire hazards, hazardous materials, waste, debris and unsanitary, unclean
and unsafe objects and conditions;
5. Children and personnel shall be provided with individual or disposable towels for
handwashing and the handwashing area shall be equipped with soap and hot and cold
running water;
fie;
70 Medicines, cleaning supplies and other hazardous substances must be stored out of
reach of children;
Bill No. 5 (sign, daycare, landscape amendment) Page 4 of 5
8. Smoking or alcohol consumption is prohibited on the premises during the hours of
operation;
9. Representatives of health and safety inspectors shall not be denied access during hours
of operation for purposes of control of communicable disease or inspection.
10. Employees of the Planning and Zoning Department and /or the Fire Department,
designated as inspectors, shall not, at anytime, be denied access to any portion, room,
area or space of the entire building, structure, house, or facility during hours of operation
for purposes of inspecting or verifying compliance with any of the items listed in chapter
10, article 2, section 10.
11. Immunization standards as outlined in section 39 -1118 of Idaho code and IDAPA
16.02.11.100 shall be adhered to for all daycare centers, family /group daycare homes
and preschools.
(6): Training Standards:
C. All owners, operators and employees shall, at all times, be currently certified in first aid from
the American Red Cross or another acceptable entity and CPR and pediatric /infant CPR from
e44er--the Red Cross or the American Heart Association or another acceptable entity
Certifications shall be submitted with the daycare permit application for initial applications or the
renewal application for renewals.
Section 3. Section 10 -07 -12(4) Use of City Water for Irrigation: In the event a property does not possess a
surface or well irrigation water right and has provided satisfactory evidence to the public works director /city
engineer - -. - - . - .j9par+men+ and planning and wing depar+men+ of such lack of water right, dry
landscaping (as reviewed and approved by the planning and zoning department) may be utilized for all required
and voluntary landscaped areas. Additionally, in the event a property does not possess a surface or well
irrigation water right or under other special circumstances, the development, subdivision or project may use city
water for irrigation purposes, under the conditions noted below. An application for approval to use city water for
watering purposes shall have to be submitted to and processed by the planning and zoning department. The
application is approved or denied on a case by case basis by the public works director /city engineer p4 nniag
and zoning department.
Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 6. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 6. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be
read to carry out the purposes of the ordinance before the declaration of partial invalidity.
PASSED AND ADOPTED BY THE C UNCIL OF THE CITY OF CALDWELL,
this day of x v 1A I , 2010.
APP OVED BY THE MAYOR OF TIJE CITY OF CALDWELL, IDAHO,
this day of 2010.
"q -�n4"X'
Garret Nancolas, Mayor
ATTEST:
IDAHO,
Debbie Geyer, City Clerk
Bill No. 5 (sign, daycare, landscape amendment) Page 5 of 5