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HomeMy WebLinkAboutORD 501Bill No. Ordinance No._ o k7; ) ` r By AN ORDINANCE DI?IIDIITG THE CITY OF CALD, ^BELL, IDAHO INTO DISIRIC'TS OR ZONES t `r'y PRESCRIBIT' RESTRICTIONS AND REGUL" PIONS AS TO HM TH, rTMABER OF STORIES, SIZE 01' 13UILD= INGS AT;D OTMEM, STRUCTURES, THE PER CEINT OF TiHE LOTS THAT 1,UY BE OCCUPIED, THE SIZE OF YA:4.DS, COURTS A1D OTHER OPEN SPACES, AND TH ' LOC =ON AND USES OF BUILDIA , STR[JCTURES APD LA; M_S, FOR RES IDE1 TRADE, INDUSTRY A171) OTHER JRPO'cES I' IIIN THE SAID CITY. BE IT ORDAINED By the Llayor and douncil of the City of Caldwell, Idaho: Section 1. For the purpose of this ordinance the City of Caldwell, Canyon County, Idaho is divided into dis- tricts as follows: A. Residence 'Lone B. Residence Zone C. Commercial Zone D. Commercial Zone E. Industrial 'Lone F. Unrestricted Zone "A" RESIDENCE ZONE Section 2. The "A" Residence Zone shall include all those parts of the City of Caldwell, Idaho within the follo =.Hint -F. boundaries: BeE <innint at the intertiection of 9th avenue and the alley between Everett Street and Fillmore Street and running, thence southeasterly along: said alley to a point 150 ft. south- east of 14th Avenue,thence southwesterly and.parallel to 12th Avenue to Fillmore Street, thence southeasterly along Fillmore Street to Wisconsin Avenue, thence south alone= Wisconsin Ave- nue to the alley between Oak Street and Ieple Street, thence east alon; said alley to Indiana Avenue, thence north - , along. Indiana Avenue to the extension of the alley lire between Cleveland Boulevard and Blaine ZStreet, thence northwesterly alone sai. alley line to g2nd'avenue, thence northeasterly a- Ion, 22nd _ivenue to the center line of the alley between Blaine` Street end. Arthur Street, thence northwesterly along said center line to 11th Avenue, thence southwesterly along; 11th Avenue to Blaine Street, thence northwesterly along Blaine Street to 10th avenue, ,:hen.::e southwesterly along 10th Avenue to the alley between Cleveland Boulevard and Dearborn Street, thence northwesterly aloric said alley= to 9th Avenue, thence southwesterly aloe,; 9th Avenue to Dearborn Street, th- ence northwesterly alone Dearborn Street to 7th Avenue, thence northeasterly alont,; 7th Avenue to the al1e; between Dearborn Street and Cleveland Boulevard, thence northwesterly along said alley to 6th Avenue, thence northeasterly along 6th Avenue to the alley between Cleveland Boulevard and Blaine Street, thence northwesterly along said alley to 5th Avenue, thence southwesterly along 5th Avenue to Irving Street, thence southeasterly along Irving Street to 9th Avenue, thence north- easterly alon 9th Avenue to the place of beginnin.c,. "B" R ;SI�)LNCE '_ONE Section 3. The "B" Residence Zone shall include all those parts of the City of Caldwell, Idaho, within the follow- ing boundaries: Beginning at the intersection of 9th Avenue and the alley between Bvere.tt Street and Fillmore °treet and running thence southeasterly, to a point 150 feet southeast of 14th Avenue, thence southwesterly and parallel to 14th Avenue to Fillmore Street, thence southeasterly along Fillmore Street to 16th Avenue, thence southwesterly along 16th Avenue to Logan Street, thence westerly alon, Logan Street to the alley between Hill Avenue and Oregon Avenue thence northerly along said alley to the north line of the Southwest �aarter (SW ) of the Northwest quarter (YVVj) of Section Twenty -seven (27) in Township Your (4 Aof Range Three (3) West of the Boise Meri- alali, thenee`we�terly along said line to Grant Street, thence m_ northwesterly along Grant Street to 10th Avenue, thence south - westely on 10th Avenue to Irvine; Street, thence northwesterly on Irving Street to the alley between Lake Avenue and Fair- view Avenue, thence southerly along said alley to Logan Street, thence ^westerly along Logan Street to Arlington Avenue, thence soi?taerl;r along; Arlington Avenue to the soutil line of Block 40 Dormant s Lake view Addition, thence westerly .alon =- said line to a point 140 feet i.w-.3t of Kimball Avenue, thence north and parallel to Kimball AVIanue to a point on the north line extended of Bloc:' 13 Arlington Addition, thence easterly a- loni- said line to Paynter Avenue, thence northerly along Pay- nter Avenue to Irvine, Str °et, thence southeasterly along Irv- ing Street to 9th Avenue, thence northeasterly along; 9th Ave- nue to the place of beginning. Also beginning; at the intersection of 5th Avenue and Grant Street and running thence northwesterly along Grant Street to 4th Avenue, thence northeasterly along; nth avenue to Everett Street, thence northwesterly alon,- Everett Street to Second Avenue, thence northeasterly along Second Avenue to Dearborn Street, thence northwesterly along Dearborn Street to Paynter Avenue, thence northerly along_, Paynter Avenue co a point •130 feet south of Aven Street, thence easterly and parallel to Aven Street to the alley between Arthur street and Blaine Street, thence so,ztheasterly along; said alley to 5th Avenue,,, thence southwesterly along 5th Avenue to the place of beginning. Also beginning° at the intersection of 11th Avenue and Main Street and running thence southwesterly along 11th Avenue to the center line of the alle between Arthur Street and Blaine Street, thence southeasterly ­lono� said line to 21st Avenue, thence northeasterly along 21st Avenue to a point 128 feet north- east of Arthur Street, thence northwesterly and" paxiR to Arthur Street to 18th svenue, 'thence northeasterly along 18th Avenue to Fain Street ,_thencectorthwesteriy nUgiag Main Street to the place of beginning. Also beginning at the intersection of 14th Avenue and Albany Street and running, thence northwesterly along Albany Street to'12th Avenue, thence southwesterly alone 12th Avenue to the Oregon. Short Line Bright -of -'Tay, thence no- thwesterly along said right -of -way to 11th Avenue thence northeasterly alonE° 11th Avenue to Albany Street, thence northwesterly along Albany Street to a point 150 feet northwest of 9th Avenue, thence northea,sterly and parallel to 9th Avenue to i3elmont Street, thence northwesterly along Belmont Street to a point 150 feet northwest of Kimball Avenue, thence southvlss�t and parallel to Kimball Avenue to ;.he alley between Alban;. and belinont Streets, thence northwesterly along- said alley to 7th Avenue., thence northeasterly alon - 7th Avenue to Belmont Street,' thence north - westely alonr. l Belmont Street 'to 5th Avenue, thence northeast- erly alon,= 5th avenue 'to Denver Street, thence southeasterly along Denver Street to 6th Avenue, thence northeasterly'on 0th Avenue to Elgin Street, thence southeasterly on Elgin Street to 7th avenue, thence northeasterly alone; 7th Avenue to Han - niball Street, thence southeasterly alon,iianniball Street to 10th Avenue, thence so ,th•; r e.lon ° loci. Avenue to Galves- ton Street, thence southeasterly Dlcn t :ralveston Street'to the ,, -vilest line of the Northeast quarter (NE of the Southeast Quarter (SEJ of Section Twenty -two (22) in 'Township Four (4) North of Ramps 'Three (3) '"lest o f the Boise Meridian, thence south alon s.-Ad e , 7est line to the South West Corner of the Northeast �uart_r (NEB-) of the Southeast quarter (SE'-) of Section of Section Twent,, -trio (22,) in Township Four 14) North of range Three (3) West of t_ -e Boise Meridian, thence east- erly along; the south line of tr.e No_ quarter (NEB) of the Southeast 'quarter (SE of Section Twenty -two (22) in Township r'our (4) North of Bange Three (3) ''Test of the Boise Meridian, to Elgin Street, thence so.ztiieasterly along El -in Street to 14th Avenue, thence southwesterly along 14th Aven, tbcthe plaee :eftb� anni�a .. 1- 1 Ve .u_ Also beginning at the South blest Corlier of the South- east uuarter (SE4} of the Northeast Quarter (N '•) of Section Twenty -one (21) in Township Four (4) North of 4en,,e 'Three (3) ' Vest of the Boise Meridian, and runnin�� thence east to the northwesterly line of Second Avenue extended,thence north- easterly on said line to a point 150 feet north of Aven Street, thence westerly and parallel to Aven Street to the west'line of the Southeast quarter (SEU) of the Northeast r)uarter (I &) of. Section Twenty -one (21) in Township Four (4) North of Range Three (3) 'Vest of the Boise Meridian, thence south alone; said line to the place of beginning. "C" GOla�vt°ERCIAL ZOIEIE Section 4. The "C" Commercial Zone shall include all those parts of the City c - , Caldwell, Idaho, within the followinE boundaries: Beginning at the intersection of the southwesterly line of the Oregon Short Line Riulit -of -;Jay and 6th Avenue and runnin thence southeasterly alone; said ri;-ht -of -way line to 9th Avenue, thence southvzresterly nloiij, 9th Avenue to the alley bet :Neen Arthur Street and Blaine Street, thence .northwesterly along R3Cl.a7 y to ftii Avenue, thence northO;Rsterly along 17th Avenue to x thu ,, try_ t, :th;nc ; northwesterly on Arthur Street to 6th avenue, thenca northeasterly on 6th Avenue to the place of beginning. "D" COI�E1 RCIAL ZONE Section 5. The F'D" Commercial Zone shall include all those parts of the City of Caldwell, Idaho, within the follow- ing boundaries: BernL ning at the intersection of Main Street and 11th Avenue and running thence southwesterly along_ llth Avenue to Blaine Stree7, thence northwesterly along,; Blaine Street tP lath Avenue,thepce southwesterly along; 10th Avenue to the alley between Cleveland and Dearborn Streets, thence northwesterly along; said alley to 9th Avenue, thence southwesterly along said "'Venue to Dearborn Street, thence northwesterly along said street to 7th Avenue, thence northeasterly along said Avenue to the alley between Dearborn Street and Cleveland Boulevard, thence northwesterly along said alley to 6th Ave- nue, thence northeasterly along said Avenue to the alley be- tween Cleveland Boulevard and L1"ine Street, thence north- westerly alone said alley to 5th avenue, thence northeasterly along said Avenue to the Oregon Short Line night -of -flay, thence southeasterly along said ri;7ht -of -way to 6th Avenue, thence southwesterly along 6th Avenue to Arthur Street,thence south- easterly along. Arthur Street to 7th Avenue, - thence southwesterly along, 7th Avenue to the alley between Arthur Street and Blaine Street, thence southeasterly alonf- said alley to 9th Avenue, thence northeast:_�rly alone 9th Avenue to Main Street, thence southeasterly alone- iaiain Street to the place of be Also beginning on the northerly line of the Oregon _ Short Line Ri.,ht -of -flay at a point One Hundred and Fifty feet southeast of the easterly line of Kimball Avenue and running northwesterly along, said Oregon Short Line Right -of -way to a point 150 feet northwest of the westerly line of Kimball Avenue, thence northeasterly and parallel to Kimball Avenue to Belmont Street, t1aence southeasterly alon 3elmont Street to a point 150 feet southeast of "LLe westerly line of Kimball Avenue, thence southwesterly and parallel to Kimball Avenue to the point of beginning. " E " INDISTRIAL ZOFTE Section 6. The "E" Industrial Gore shall include all those parts of the City of Caldwell, Idaho, within the following boundaries: Beginning at a point on the west line of Paynter Ave- nue 660 feet south of the north line of Aven Street and running thence west and at ri,:he an{zle to Paynter Avenue a distance of 1,980 feet, thence northerly and parallel to Paynter Ave- nue to the south line of the Southeast Quarter (SE -) of the Northwest quarter (NW4,.) of Section Twenty -one (21) in Town- ship Four (4) North of Range 'Three (3) West of the Boise meri- dian, thence easterly on said quarter (n) Section line to the northerly line of 2nd Avenue extender':, thence northeasterly on said line to the Oregon Short Line Hight- of- Way, thence southAasterly along• said ri t -of -way to 5th Avenue, thence south•,;esterly along 5th Avenue to the alley between Blaine and Arthur Streets, thence northwesterly along, sai alley to a point 130 feet south of Aven Street, thence westerly and parallel to Aven Street to the ;west si: =e of Paynter Avenue, thence South along Paynter Avenue to the point of beginning. Also beginninE- at the intersection of the south line of the Oregon Short Line Eight -of -:gay and 9th Avenue and run- ning southeasterly along said right -of -way to 18th avenue, thence southwesterly alonLz 18th Avenue to Main Street, thence along; Main Street to 9th .avenue, thence northeasterly along 9th avenue to the point of beEinnin {. Also beg,inniar- at the intersection of 14th Avenue and the northerly line of the Ore. -on Short Line lit and running northwesterly aion_ said line to 12th Avenue, thence nortneasterly aionE 12th Avenue to Albany Street, thence southeasterly along Albany Street to 14th Avenue to the place of beginning. Also be_ inning at the intersection of 11th Avenue and the northerl iimegf the Oregon Short Line flight -of -relay and runninpji;orth /a Ong sYRid line to a point 150 feet north- west'of the westerly'line of 9th Avenue, thence northeasterly and parallel to .ath Avenue to Albany Street, thence south - easterly alori�; Albany Street 'to 11th Avenue, tlience south- westerly alon 11th Avenue to the point of beginning. Also begirininC a`v the point of intersection of the easterly line of 7tn :,venue and the alley between Delmont and Albany Streets and running- southeasterly alonE° said alley 150 feet, thence southwesterly and parallel to 7th " Ivenue to the Oregon Short Lime Eight of-Nay, thence noy °tavesterly and par- allel to said right -of -way to the northerly line of 2nd Avenue extended,, thence northeasterly alonf; said line to the alley line extended between Chicago and Belmont Streets, thence southeasterly along said alley to 4th Avenue, thence south - westerly along 4th Avenue to Belmont..'Street, thence south- easterly alon Delmont Street to easterly line of 7th Avenue, thence scuth, alonE7 said line to the point of begin- ning. "T' UNRESTRICTED ZONE Section 7. The "E" Unrestricted Zone shall include all parts of the city not specifically included within the limits of the other Zones, "A" ,tESIDENCE LONE Section 8. In the residence zone, no'building or premise shall be used or occupied and no building hereai'ter be erected or structurally altered unless provided otherwise in this ordinance except for one or more of tree follo uses: A. -- Classified. Dwellings Lodging, douses Boarding Houses Hotels Clubs Apartment Houses Churches Schools Colleges Libraries Museums Armories Courthouses Parks and Playgrounds Yire Stations built in residence style 14'arming Truck Gardening Nurseries Green Houses B.-- xetail Shops Retail shops, il' built in residence style, by special permit oi' the Board of Adjustment after a public hearing, and a showing, that such ac,ion will not cause damage and will be in accord witn sue Eeneral purpose o=' this ordinance and provided that before a permit is issued by the Board of Adjustment there shall be on file in the office of the Buildin,< inspector, the written consent of the owners of seventy -five per cent of the area of all the property within a radius of three hundred feet of any part of the premises whereupon such retail shop is to be erected or occupied. C.-- Hospitals. Philantizropic institutions, Hospitals and sanatariums by special permit of the Board of Adjustment. D.-- Public Garulges. Public garages for storage purposes only, where no repair facilities are maintained., when located not less than 50 feet from the front lines and not le: +s than thirty feet from any other street line on which property faces, provided that be- fore permit is issued by the Board of Adjustment, there shall be on file in the o-fice of the Buil Inspector, the written consent of the owners of seventy -five per cent of the area of all the property within a radius of three hundred feet of any part of the premises whereupon such public rarat,�e is to be established or maintained and not separated therefrom by more than one street or one alley; provided further, that a public garage shall have no entrance or exit for motor vehicles within three hundred feet of an entrance or exit to a school., playground, public library, church hospital, children's or old people's home, or other similar public or semi - public institutions. E. -- Private Garages -- Isolated Private garages for use of occupants of buildings on the same premises; provided that if built upon lots isolated or detach- ed from the dwelling or apartment house special permission shall i be secured from the Board of Adjustment after filin,- with the board the consent of the owners of at least seventy -five per cent of the frontage of the property on both sides of the street on which such private ^araE�e is to be erected or maintained to the distance of one hundred feet each way on both sides of the street of the pro- posed garage. F. - -Auto Gasoline Stations. Filling and oilin; stations by special permit of the Board of Adjustment after consent of property owners has been fil- ed as provided in the case of public ,garages, provided that no fillinc, or oiling stations shall have an entrance or exit for motor vehicles within three hundred feet of a school, playground, pub- lic libraries, church, hospital, children's or old people's home, or other similar public or semi- public institutions and provided that such building:. conforms to residence style architecture with no more advertising than otherwise permitted in the Zone. G. -- Storage. Storage for trucks, cars, building material, contractor's equipment, and like material or equipment shall'not be permitted within Zone A unless stored within a building or if' in actual use under the provisions of a buildin& permit. H. - -Home Occupations. Offices of professional persons, and customary home occu- pations, if carried on in a part of the residence buildin(; and occu- pying not over fifty (.)er cent of that building,. 1. "Out Buildings. Sheds for tools, fuel, etc., accessory to and used in con- nection with the building. T.- -Live Stock. No cattle, horses, sheep, hogs, goats or poultry shall be raised or maintained in Zone K.-- Advertising Signs. Advertising signs accessory to the use_, of the building, when not over t , 2eIVp--I' , .�., square feet in area, and not more than one for each twenty -five foot lot and set back of the set -back lines. L.- -Sale and Rental Signs. Sale or rental signs accessory to the lot or building not i over eight square feet in area, not over one to each twenty -five foot lot and not over four feet above the grade line. M.- -Bill and Sign Boards. Bill boards and sign boards, by special permit of the Board of Adjustment if there is filed at the oi'fice of the Building ,Tjaspector the consent of the owners of at least seventy -five per . cent of the frontage of the property of both sides of the street of the board or proposed board. N. -- Tourist Parks. Tourist cabins or tourist parks or camp grounds shall not be permitted in the " A " Residence Zone except by a special per_iiit from the Hoard of Adjustment after a public hearing. Set -Back Section 9. In " Residence Zone every buildin €: here- after erected or structurally altered shall ciave a set -back of at least twenty feet from the street property line on which the build in,, fronts, provided, however, that in each block in which fifty per cent or more of the lots on 'the same side of the street shall have been built upon in conformity a,iith a fairly even and determinable front buildin- line more or less than twenty feet from the street line, all buildin;:s thereafter erected, established or rebuilt in conformity with said front build.inr- line determined by Ouild.inc.s already erected ::r: f'ift'y per cent of the lots. In determine; whether or not a front buildin; line has been determined and established, the fair intents and purposes shall be considered and minor irregularities ignored. As fast as determined said set -backs shall be registered upon the book of plats in the olfice of the Huildin_- Inspector and said plat shall be the guide in future determination. No part of the building except unenclosed and unroofed porches, not to exceed four feet above the established grade, shall extend in front of the set -back line. Side Yards. In " Residence Zone, every building,; erected or struct- urally altered shall have a side yard of not less than four feet in case of sin,,_le fa?:iily houses and not less than six feet in V double houses. The roof of a sin,;le family house shall not pro- ject to �aithin three feet of the side property line or within four and a half feet of the side property line in the case of double houses.Apartment houses and other buildine;s shall have a side yard of not less than one - fourth of the hci<.ht of the buildin6; to the eaves of top of coping;, but not less than six feet, with the roof not less than four and a half feet from such side pro -perty lines. Side yards adjoining_ streets run - ning at right angles to the alley shall not be required to be more than four fe in width. In "A" Residence Zone, houses built on oz:ie lot owned by one owner shall be separated by a distance of not less than one- fourtk: of tine haiF ht of the eaves of top of coping, and not in any ease less than eight feet for a one -story and twelve feet for a two -story dwellin =�. Out Builcll This section shall not prohibit the erection of any building; not used as a dwelling against the inside or private property line of any lot, �j;hen such building is at least sev- enty -two feet back from the frontage street and four feet back of the street property line runnings at right angles to the alley. For the purpose of this ordinance, fences, walls or other obstructions over four feet in heifht or over four feet above the established f, shall be re,.;arded as structures "B" RESIDENCE ZONE Section 10. In "B" Residence "Zone all the restric- tions of the "A" Residence Zone shall apply excepting those relatin to buildinu lines and set - backs, except as g'er / ,I C otherwise provided. One cow, two horses, two sheep�Nand pool try,rn:aw maintained in buildings and enclosures when approv= ed by the Board of Health of the City of Caldwell, Idaho. "C" COi'UID]RCIAL ZOI1TE Section 11. In the "C" Commercial Zone all buildings or premises maybe used or occupied for any use ,_ermitted in the "A" Residence Zone except as hereinafter specifically otherwise provided and for any of the folloviinF uses only: Retail commercial business. 'Nholesale comercial business. Bakeries. Automobile salesrooms without street driveways. - Places of amusement. Office buildin €�s. Studies: Dancing° academies. Newspaper printing plants.. Printin- and book- binciin establishments. PhotoEraph galleries. Restaur,l.nts. Light manufaeturink;, which is not dangerous or offensive on account of dust, ;as, smoke or noises end in cages - where 'bile major portion of the product is sold in the premises to the ultimate consumer. Undertafin�- parlors. .Bill boards and si_,,n boards. Stage depots. Auto Service Stations. Section 12. Automobile salesrooms with street drive- ways, automobile repair shops, filling:, greasing and washin =, stations with or without street driveways, may be permitted in "C" Commercial "Lone by special permit frog the Board of Adjust- ment after a public; hearing, and with the approval of the City Council. Tourist Parks. Tourist ca5ins or tourist parks or camp grounds shall not be permitted in the "C" Commercial Zone. "D" C01+1ERCIAL ZONE Section 13. In the "D" Commercial Gone all buildings and premises may be used or occupied for any use permitted in the "A," "B," and "C" Zones except as hereinafter specifically other - r, wise provided :,nd for any of the following. uses: Laundries. Carpenter shoes. Automobile repair sloops Fruit packing; plants_. Automobile fill stations, including greasing and washing. Machine shops. Painting shops. Dyeing, and cleaning establishments. Light manufacturing, which is not dangerous or offensive on account of dust, gas, smoke or excessive noises. Public Auction yards. Tourist Parks. Section 14. Tourist cabins or tourist parks or camp grounds shall not be permitted in the "D " Commercial Zone ex- cept by special permit from the Board of Adjustment after a public hearing. " .li t" INDUSTRIAL ZONE Section 15. In the "E" Industrial Zone all buildings or premises may be used or occupied for any use permitted in the "A"", "tB, "t "C "T and "'D" Zones except as hereinafter specifically otherwise provided, and for the followinc: uses: Flammable liquids in underground storage, unlimit- ed Quantities for use or retail. Poultry and Egg, irdustries. Lumber ;lards. Railroad vards. Coal and wood yards. Ice plants. Auto - �ireckin,F establishments confined within buildings. Heavy manufacturingz.. Planing, mills. Iron foundries. Gas plants. Heavy industrial uses. Creameries. Flour Mills. Tourist Parks. Section 16. Tourist cabins or tourist parks or camp grounds shall not be permitted in the "0' Industrial Zmne except by a special perinit from the 3oard of Adjustment after a public hearing. Parkin; Stands. Section 17. Stands for the sale of merchandise or produce shall not be permitted on the parkin, in Zones "A, "B itC t"Dti and, ttEott "F" UNRESTRICTED ZONE Section 18. In the "F" Unrestricted Zone all buildings and premises may be used or occupied for any use in the "A," "B," "C," "D" and "E" Zones and any use not prohibited by the general or special city ordinances, and for the follovinp uses: Storage of flammable liquids in overhead tanks, unlimited quantities for any use or reloading. Flammable liquids underground storage unlimited quantities for uses or rehandling. Reloadin7 and whole handling of Class 1, 2 and 3 flammable liquids. zzogs me- be raised and maintained in t�ye Unrestricted Gone provided,, they are kept in pens and enclosures and not less than three hundred (30Q} feet from a dwelling, .=aher approved by the Board of Health of the City of Caldwell, Idaho. Other animals and poultry may be maintained and raised in buildings and Enclosures when approved by t__e Health Department. Non - Conforming Building and Uses of Premises. Section 19. That a non - conforming: use of occupancy existing at the time of the passage of this ordinance may be continued; but a non - conforming; use of occupancy shall not be extended e.cept witu the approval of the Board of Adjustment as hereinafter provided. Non - Conforming Buildin s and Uses. Section 20. A building devoted to a non - conforming use at the time of the passa;_�e of this ordinance may not be reconstructed or structurally altered, during any ten -year period, to an extent exceeding• in a,­Pregate cost fifty per cent of the value at which the building is a: sensed, unless the building- is char €;ed to a conforming use. A non conforir in. use may not be changed unless chang- ed to a hi, use. Except as ot'r.erwise provided, nothinii; in this ordin- ance shall require tae change of any building now constructed. Permit Requirements. Section 21. That the construction, alteration, repair, removal or occupancy of any structure or Imid, or any part there- of as provided or as restricted in this ordinance, shall not be commenced or proceeded with except after the issuance of a writ- ten ,_,errait for same by the Building Inspector. Permit Displayed. Section 22. The person receiving such permit shall dis- play the duplicate permit card in front of such building operations so that the same may be seen from the street and it sha".'..l be incum- bent upon any law enforcing officer of Caldwell, Idaho to stop such building; operations until such pe _it has been secured and displayed. Plans. Section 23. No such permit for construction or alter- ation shall be issued unless t_�iere is filed with the Building Inspector a plan of such construction or alteration made to a scale of not less than one - eighth of 2n inch to one foot and a lot plan of not less than one - sixteenth of an inch to one foot,. such lot plan to shoe; all buildinz:_s no',] erected together with the proposed improvement. Special Permits - -Fees. Section 24. Application for a special permit shall be filed s.itti the Building Inspector in writing: together with all facts bearin{ on the proposed occupancy. Applicant shall pay to the Building Inspector a filing; fee of ten ($10.00) dollars. The Building Inspector shall forthwi%li transmit to the Secretary of the Board all papers with reference - to the same. The Board shall cause a public hearing to be held be- fore such special permit is acted upon. Notice of the time and place of such hearin shall be published in the official paper of Caldwell, Idaho, in two issues thereof, at least ten days before such hearing Board of Adjustraent Organization. Section 25. There shall be appointed by the Mayor, and confirmed '1y the council, a Board of Adjustment composed of four members from the citizens at large and one member from the City Council. One member shall be appointed from the citizens at large for a term of one year, one for two years, one for three years, and one for four years and each year theregfter one member for the term of/mow years. A t the t) --? ,, _J.nnin�,� of each administration the Mayor shall appoint in the same manner the one member from the City Council to serve durinf; his term of office. All appoint- ments shall expire at the close of T'10 fiscal year of the City to which the appointment dates. The members of the Board shall select their own President and appoint a Secretary and such other subor- dinates that ma authorized by the Council and the compensation I of such Secretary and subordinates shall be fixed by the Council. The services of any city employee shall be available to the Board. Duties and Powers of the Board of ldjustment. Section 26. That the Board shall adopt such rules and regulations as it may deem necessary to carry into effect the pro- visions of this ordinance. Meetings shall be held at such times as may be necessary. The '3oard s1 keep minutes Of its proceed- ings, showinr, the vote of each member upon every question. Such Board shall hear and decide appeals from and review any order, requirement, decision or determinati0 made by the Building In Spector. (under this ordinance, ) Voting. Section 27. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, de- cision or determination made by the Bun din_° Inspector or to ef- fect any variation provided bT this ordinance. Specific Cases. Section 28. When, in its judgment, the public convenience and welfare will be substantially served or the appropriate use of neighborin; property will not be substantially or permanently in- jured, or when there are practical difficulties or unnecessary hard- ships in carrin� out the strict letter of this ordinance, the Board of Adjustment may, in a specific case, after public notice and hear- ing and subject to appropriate conditions and safeguards, determine and vary the application of the regulz:;tions rerein established in harmony with their ,_eneral purpose and intent. Appe al s. Section 29. That any decision of the Building Inspector made in the enforcement of this ordinance may be appealed to the Board of Adjustment by any person affected by such decision.. The appellant shall file with the secretary of tree Board a notice of appeal, specifying the ground thereof and a copy of such notice with the Building, Inspector, tog;etl er with a filin -_; fee of ten ($10.00) dollars. The Building; Inspector shall forthwith trans- mit to the Board all the papers constituting the record upon irahich the appeal is taken. The Board shall fix a reasonab -;e time for the hearing of the appeal and give due notice then =:of to the parties, an:a decide the same within a reasonable time. Upon hearing any party may appear in ;:�erson or b'y agent or attorney. The Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination, if, in its opinion such changes ought to be made in the premises, and to that end shall have all the power of the Buil-in. inspector. _ d a; Interpretation -- Purpose Section 30. That in interpreting, and applyinR the provisions of this ordinance they shall be held to be the mini- mum requirements adopted for the promotion of health, safety, morals, comfort, convenience, or the `eneral welfare. Public Buildings. Section 31. The yard areas required by this ordinance for a particular buildin,T shall not be diminished and shall not be included as a part of the required lot or yard areas of any otter buildin ^, excepting that the Board of Adjustment shall have, the power to alter the required set -back line in residential dis- tricts in the cases of public or semi- public buildin after a public heari. C, and after the showin;: th,•:it such action will not cause damage and will be in accord with the general purpose of this ordinance. Existing Yard Areas. Section 32. The yard areas of buildings existing at the time of the adoption of this ordinance shall not be diminish- ed below the reecuirements herein provided for buildings hereafter erected except as provided in this ordinance, and such required areas shall not be included as part of the required areas of any buildin:r hereafter erected. Easements, Etc. Section 33. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements oetween parties, however, where this ordinance imposes a greater restriction upon the height of buildings or require larger lots or yard than are imposed or required by existing ordinances or by permits, easements, covenants or agree- ments, this ordinance shall control. This ordinance shall be con- strued liberally to secure the beneficial interest and purposes thereof. Dwellings in Non - Resident Districts. Section 34. Dwellings hereafter erected in Zone " B, 11 71 t T °E" and "F" shall have the same side yard areas as those required for dwellings in Zone "A." Completion of Existing Buildings. Section 35. That nothing herein contained shall. require any change in the plans, aonstruction:, or designated use of a build - ing for wLicli a building permit has been heretofore issued and the construction of which shall have been actually begun within thirty days of the day of such permit and pursued with diligence. If any area is hereafter transferred to another zone by a change in the zone boundaries, the provisions of this section with regard to building or premises existin{ or buil.din6� permits issued E;t the time of the adoption of this ordinance shall apply to buildings or premises e-istin,=, or building; permits issued in such transferred area at the time of such transfer. Certificate of Occupancy and Compliance Section 36. That no building: hereafter erected or alter- ed shall be occupied, used or changed in use or occupancy until a certificate of occupancy and compliance shall have been issued by the Buildina Inspector, stating; that the building or proposed use of a building or premises, complies with all the building; and health laws and ordinances and with the provisions of these regu- lations. Permit Records. Section 37. A record of all certificates shall be kept on file in the office of the Buildin€ Inspector, and copies shall be furnished on request, to any person Navin; a proprietary or tenancy interest in the building affected. No fee shall be charg- ed for an original certificate, but for copies of any original or subsequent certificate there shall be a charge of Ono 01.00) Dollar each. Building: Occupancy Changes. Section 38. The use of a buildin• already erected at the passage of this ordinance shall not be chanced from one class of use to another unless and until a certificate of occupancy and compliance with the provisions,of this ordinance shall have been I obtained from the Building Inspector. Premise'Occupancy Use. Section 39. No premises shall be used or occupied or changed in use or occupancy until a Certificate of Occupancy shall have been issued by the Building Inspector, stating; that the proposed use of the premises complies with all health laws, all general or special ordinances of Caldwell, Idaho and with these regulations. Changes and Amendments. Section 40. That the City Council may amend or change by ordinance the boundaries of districts, regulations or restrict- ions herein established. Any proposed amendment or change shall first be submitted to the Board of Adjustment for its recommen- dation and report. A public hearinrl shall be vlc 'T T the City Council before the adoption of any proposed amendment or change. Notice of the time and place of such hearing shall be published in the official paper of the City of Caldwell, Idaho, in two issues thereof, at least fifteen days before such hearing. Penalties. Section 41. Any person, firm or corporation violat- ink° any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction; thereof shall be punished by a fine of not to exceed One Hundred ($100.00) Dollars; each twenty -four hour period of the continuance of the violation shall be regarded as a separate and distinct misdemeanor. Section 42. This ordinance shall take effect and be in force and effect from and after its passage, approval and publi- cation. a Passed by the Council this day of 11 1932. �� � ¢�._. Approved by the Mayor this day of - �--u -- , 1932. day o' Attest: City clerk