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HomeMy WebLinkAboutORD 544BILL NO. 9 ORDINANCE N0•`544 OAFS AN ORDINANCE AMENDING ORDINANCE NO. 501 OF THE CITY OF CALDWELL, ENTITLED "AN ORDINANCE DIVIDING THE CITY OF CALDWELL IMHO, INTO DISTRICTS OR ZONES AND PRESCRIBE% INC;, RESTRICTIONS AND REGULATTONS AS TO HEIGHT, ,NUMBER OF STORIBS SIZE OF BUILDINGS AND OTHER STRUCTURES, Mw PERCENT OF THE LOTS THAT MY BEOCCUPIED, THE SIZE OF THE YARDS, COURTS AND .OTfiEROPEN SPACES, AND THE LOCA- TION AND USES OF BUILDINGS, STRUCTURES AND LANDS, FOR RESIDENCE, TRADE, INDUSTRY SAND OTHER PURPQS S WITHIN THE SAID CITY, BY AMENDING 'SECTIONS 3, 6 AND 10 OF SAID ORDINANCE, RE- EyTABLISHING THE BOUNDARIES OF "Btr RESIDENCE ZONE, 'IEtt INDUSTRIAL ZONE, AND PROHIBITING THEKEEPING OF COWS, HORSES$''GOATS, SHMP RABBITS AND POULTRY WITHIN OR W1 300 FEET OF THE EXTERIOR BOUND- ARIES OF RB" RESIDENCE ZONE, kND BY ,AMENDING SECTIONS 38 AND 39 AND PROVIDING A PROCEDURE FOR THE CHANGE OF OCCUPANCY OF ANY BUILDING OR PRE'HISES AND PROVIDING FOR A FEE TO BE 'CHARGED IN SUCH INSTANCE, AND AHENDING SAID ORDINANCE BY ADDING SECTIONS 43 AND A4 PRESCRIBING THE MINIMUM VALUE OF RESIDENCES TO BE ERECTED IN RESIDENCE ZONES "A" AND ttBtt AND "Ftt UNRRSTRICTED ZONE, WITHOUT PE CSSZON OF THE MAYOR AND, COUNCIL, ,A & AND 6ING SAID ORDINANCE BY ADDING SECTION 45 PROHIBITING THE KEEPING AND MAINTAINING OF COWS, HORSES, GOATS, SHMP, RABBITS AND POULTRY WITHIN 11 C 11 C0 'X L ZONE, "Dtl CO ZONSs RVI INDUSTRIAL ZONE Old,; ttFn UNRESTRICTED' ZONE, CRPT UPON PERMISSION OF THE MAYOR. AND COUNCIL OF THE CITY OF CA.IDWELLO IDAHO, AND AMENDING SAID ORDINANCE BY ADDING SECTIONS 46 AND 47 REGULATING THE CONSTRUCTION OF BUILDINGS THAT MAY BE.ERECTED'AND CUSSES AND CHARACTER OF BUSINESSES THAT MAY `$E CARRIED ON ,ALONG INDIAN CREEK, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITHS AND DECLARING AND PROVIDING FOR TAKING EFFECT OF THIS ORDINANCE* BE IT ORDAINED, By the Mayor and Council of the City of Caldwell., Canyon County, Idahos That'Ordinance No* 501, entitled "AN ORDINANCE DIVID ING THE CITY OF CALDWELL -- IDAHO, INTO DISTRICTS OR ZONES AND PRE - SCRIBING RESTRICTIONS AND REGULATIONS AS TO HEIGHT, NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER STRUCTURES$ THE PERCENT OF THE LOTS THAT MAY BE OCCUPIED, THE SIZE OF TIM YARDS, COURTS AND • r OTHER OPEN SPACES AND THE LOCATION AND USES OF BUIDDINGS, STRUC* TURFS AND 1ANDS0 FOR RESIDENCE TRADE, INDUSTRY AND OTHER PURPOSES' WITHIN THE SAID CITY", by amending sections 3, 6, 10, 38 and 39 and by adding new sections to he known as sections 43, 44 45 46 and 47, which sections shall react as follows; Section 1• BE IT ORDAINED, That Section 3 be and the'dame is hereby amended, to read as follows: SECTION 3. The "- 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 Everett Street and Fillmore Street and running 'thenee Southeasterly to a point 150 feet Southeast of 14th Avenue; thence Southwesterly and parallel to 14th Avenue to Fillmore Street;, thence Southeast along Fill- more Street to its intersection with the center line of Fillmore Street and 20th Avenue; othervrise known as College Avenue; thence along the center line of College Avenue in a Southwesterly and South direction to its intersection with the center line of Ash Street; thence West along the center line of Ash Street to its intersection of center line of Montana Avenue; thence North along Montana Hyenas° to its intersection with the center line of Elm Street; thence West along the center line of Elm Street to intersect with the center line of Wash- ington Avenue; thenee.North along Washington Avenue to its intersection with Logan Street; thence Westerly along Logan street to the inter- section of Logan Street and Arlington Avenue- Southerly a o Arlington thence 1 A.v enue to tie South line of Bloch 40,,Dorman's Lake View Addition thence Westerly along said line to a point 140 feet" West of Kimball Avenue,; thence North and parallel' to Kimball Avenue to a point, on the North line of Block 13 Arlington Addition,;'extended; thence Easterly along said line to Paynter Avenue• thence Northerly along Paynter Avenue to Irving Street; thence Southeasterly along Irving Street to 9th Avenue; thence Northeasterly along 9th Avenue to the place of beginning* Also,, beginning dt the intersection of 5th Avenue and Grant Street and running thence North- westerly along Grant Street to Fourth Avenue; thence Northeasterly along Fourth Avenue to Everett Street; thence Northwesterly along Everett Street to Second Avenue; thence Northeasterly along Second Avenue to Dearborn Street; thence Northwesterly along Dearborn Street to Paynter Avenue; 1 thence Northerly along 'Paynter Avenue to a.poitn feet South of A Street; thence Easterly and,paral- lel to Aven Street to the alley between Arbur Street and Maine Street; thence Southeasterly along said alley to 5th Avenue; thence Southwesterly along 5th Avenue to place of beginning, Also, beginning at the intersection of llth Avenue and Main Street and running thence Southwesterly along llth Avenue to the center line of the alley be- tween Arthur Street and Blaine Street; thence South- easterly along said line to 21st Avenue; thence North.- easterly along 21st Avenue to a point 128 feet Northeast of Arthur Street; thence Northwesterly and parallel to Arthur Street to 18th Atemue; thence Northeasterly along 18th Avenue to Main Street; thence Northwesterly along Main Street to place of beginning. Also, beginning At the intersection of 14th Avenue. and Albany Street and running thence Northwest- erly along Albany Street to 12th Avenue; thence South- westerly along 12th Avenue to the Oregon Short Line Right of Way; thence Northwesterly along said right -of -gray to llth Avenue ;. thence Northeasterly along 11th Avenue to Albany.Street; thence Northwesterly along Albany Street to a point 150 feet Northwest of 9th Avenue; thence - North; easterly and parallel to 9th Avenue to Belmont Street at a point 150 feet Northwest of Kimball Avenue; thence Norte - westerly along; Belmont :Street to a point 125 feet to the West„bbundary line of Kimball Avenue; thence Southwest and parallel to Kimball Avenue to alley between Albany and Bel- mont Streets; thence Northwesterly elonEl said alley to 7th Avenue; thence Northeasterly; along 7th Avenue to Belmontr, Street; thence Northwesterly* along Belmont Street to 14th Avenue; thence Northeasterly along 4th Avenue to middle of the alley line between Bimont and Chicago Streets; thence Northwesterly along the middle alley line between Belmont and Chicago Streets to the center of intersection of Boise Avenue; thence in a Northeasterly direction along center of Boise Avenue to the center of intersection of Boise Aveatt ue and Denver Street; thence Southeasterly direction along center line of Denver Street to its intersection with 6th Avenue; thence Northeasterly on 5th Avenue to Elgin ,Street; thence Southeasterly on Elgin Street to 7th Avenue; thence Northeasterly along 7th. Avenue to'Hannibal Street; thence Southeasterly along Hannibal Street to 10th Avenue; thence Southwesterly along 10th Avenue to Galveston Street; thence Southeasterly along Galveston Street to the West Line of the Northeast Quarter (NEl) of the Southeast Quarter (SE4) of Section Twenty -two (2211n Township Four (4) North of Range Three (3) Nest of Boise Meridian; thence South along said West Line to the Southwest Comer of the Northeast Quarter (NEa) of the Southeast Quarter (SE,) of Section Tent -tvuo t22) in Township Four (4) North of Rare Three (3) West of Boise Meridian to Elgin Street; thence South - easterly along Elgin Street to 14th Avenue; thence 'South westerly along 14th Avenue to place of beginning. Also be inning at the Southwest corner of the Clouth east QuarterSE of Northeast Quarter (NEw 'Y of Section Twen- ty -one (21), Township Four (4) North, Range. Three (3) test of Boise Meridian; and running thence East to the Northwesterly,' line of 2nd Avenue extended; thence'Northeasterly on said line to a poiatt 150 feet, North of'Aven Street; thence -3 1 Westerly and parallel to Aven Street to the West line of the Southeast Quarter (SB1) of the Northeast Quarter (NEB) of Section Twenty -one t21) in Township Four (4) North of Range Three (3) West of the Boise Meridian; thence South along said line'to place of beginning Section 2, BE'IT ORDAINED, That Section 6 be, and y d to read as follows: "El the same is hereby SECTION 6, The E Industrial Zone shall include all those parts of the City of Caldwell, Idaho, within the follow- ing boundaries; Beginning at a: ...point on the West line of Paynter Avenue 66O!feet South of the North line of Aven Street and running; thence West and at right angles to Paynter Avenue a distance of 1,980 feet; thence Northerly and parallel to Paynter Avenue to the South line of the Southeast Quarter (SEA) of the Northwest Quarter_WiD of Section Twenty -one (21), in Township Four (4) North of Range Three (3) West of the Boise Meridian; thence Easterly on said Quar- ter R) Section line to the Noxlerly line of 2nd Aven- ue extended- thence Northeasterly on said line to the Oregon Short Line Right -of -way; thence Southeasterly along 5th Avenue to the alley between Blaine and Arthur Streets; thence Northwesterly along said alley to a point 130 feet South of Aven Street; thence Westerly and parallel to Aven Street to the West side of Payn- ter Avenue; thence South along Paynter Avenue to the pdht of beginning. Also, beginning at the intersection of the South line of the. Oregon -Short Line Right- of -Vlsy and 9th Avenue and running Southeasterlyalong said right- of-way to 18th Avenue; thence Southwesterly along ,18th Avenue to Main Street; thence along Main Street to 9th Avenue; thence Northeasterly along 9th A to the point of beginning. Also, beginning,at the intersection of 12th Avenue and the Northeasterly boundary line of the Oregon Short Line , Right -of -Way; thence running; in a Southeasterly direction along the right- of- way,o£ the Oregon Short Line Railway Company to the Inter- section of 17th Avenue 'extended with the Northerly boundary line of the said Oregon Short Line Right- of-way; thence at right angles Noifteasterly to Chicago Street then along Chicago Street to its Intersection with 15th Avenue; thence Southwesterly along 15th A v enue to its intersection with Albany Street,* thence Northwesterly along, Albany Street to its intersection with 12th Avenue - thence Southwesterly along 19th Avenue to the point of beginning. I Also, beginning at the intersection of llth Avenue -and the Northerly line of the Oregon Short Line Right -of=tray and running Northwesterly along said Line to a point 150 feet Northwest of the West- erly line of 9th A onus; thence Northeasterly and parallel to 9th Avenue to Albany Street; thence Southeasterly along Albany Street to 11th Avenue; thence Southwesterly along 11th Avenue to the point of beginning. Also beginning at the point of intersection,; of the Easterly line of 7th Avenue and the alley be- tween Belmont and Albany Street and .running Southeast- erly along said alley 150 feet; thence Southwesterly and parallel to 7th Avenue to the Oregon Short Line Right -of -Way; thence Northwesterly and parallel to said right -of -way to the Northerly _line of 2nd Avenue extended; thence Northeasterly along said line to the alley line extended between Chicago and Belmont Streets; thence Southeasterly along said alley to 4th A thence Southwesterly along 4th Avenue to Belmont Street; thence Southeasterly along Delmont Street to Easterly Line of 7th Avenue; thence Southwesterly along; said line to the point of beginning Section 3. BE IT ORDAINED, That Section 10 of said Ordinance No. 501, be and the same is hereby amended, to read as follows: SECTION 10 In "B" Residence Zone all the restric- tions of the "All Residence Zone shall apply, excepting those re- lating to building lines, set -backs and except as herein other- wise provided; No cattle, horses, hogs, goats, sheep, rabbits or poultry shall be maintained within "B" Residence Zone, or within a distance of 300 feet on the outside of the exterior boundabies og.the said Residence Zone„ Section 4. BE IT ORDAINED, That Section: 38 of said Ordinance No. 501, be and the same is hereby amended, to read as follows SECTION 38. The use of'a' building already erected or other premises at the..passage of this Ordinance shall not be changed from one class of use to another unless and until an application has been made to the Building Inspector of the City of Caldwell, in due form, stating; the use of the premises at the time of the application, or if vacant, its last use, and the use it shall be put to, and whether the proposed use of the building on the prem- ises will increase the fire hasard on the premises or adjacent property. And a certificate by the Chief of the Fire Department stating whether the proposed change will or will not increase the fire hasarde If it should 'increase the fire hasard there shall also be submitted with the said application 'the approval of the Chief of the Fire Department of the City of Caldwell, Can- yon County' Idaho, approving the said change. That should said premises and buildings be in either "A" and "B" REsidence Zone, "Cf'.and "D" Commercial Zones or "E" Industrial Zone, such application shall be accompanied with the consent of the owner of seventy -five per cent (75 %) of the prop- erty within a radius of three hundred (300) feet therefrom. And such application shall be accompanied with a fee of Five and N01100 ($5.00) Dollars. Section 5. BE IT ORDAINED, That section 39 of said Ordinance No. 501, be and the some is hereby amended, to read as follows; SECTION 39: No premises shall be used or occupied or changed in the use of occupancy until a certificate of occupancy shall have been issued by the Building Inppector, stating that the proposed use of the premises complies with all the health and fire laws and all general laws and ordinances of the City of C well, and with these regulations provided, that before issuing such certificate, the Building Inspector, and if he may so desire, submit the application and all papers connected therewith to the Board of Adjustment in the wanner provided for ih Section 34 of said -5- h ' section 34 of said Ord inance.110 "501, 'or may submit the same direet7: to the City Council of the of Caldwell, Idaho* In case the same is submitted to the Board of Adjust vent any parson agrieved may appeal directly to the City Council in the manner provided in said Ordinance No .5011. In either instance the decision and ruling of the City Council shall be finale Section 6• BE IT ORDAINED That Section 43 of Ordin- ance No 501 be and the same Is hereby. added to read as follows SECTION` Efter the passage 'and approval of this Ordinance in addition to the other requirements required by the y above entitled Ordinance No 501' of the City of Caldwell.. Idaho all residences erected within the City of Caldwell in Residence Zones 'sA'1 and "B" shall' be of the following minimum value, to-wit: Residence Zone "A o f at least the va lue of $2 000.OU; and Residence Zone 11 BT of at least the value of $1 when completed, and no residences shall be repaired or altered in either of said residence zones, unless "thn completed. structure where repaired will be equal to the value of or at l east the minimum above specified fo new struue or str tures tares in said Residence Zones 'A°, and �'8 and no res�c�encos be ere cted in the Unrestricted Zone 11 for less then $500,00 without special permission f rom the Mayor and Council of the City of Caldwell, Idaho. Section 7. BB IT ORDAINED That Section 44 of Ordin ante No 501, shall be and the same is hereby added to read: as fol- lows SECTION 44, The Bui.ldin Inspector, or any person authorized to issue building permits in the Cioty of Caldwell, Idaho, shall issue no building pexmit for the erection or alteration or repair of any residences in Resident® Zones „A,1- and 11 Bt 1 , or in I,Ft2 Unrestricted. Zone in Caldwell, Idaho9 or either: of them, unless the builging or repairs conform with the requirements as set out i.nthe w, rI - - above Section 43, and other Sections applying thereto of the Building Ordinances and 'Zoning Ordinances of the City of Cald- well,, Idaho., and no building permit shall be issued for any garage` or temporary residence, unless the 'same shall be studded, plaster- ed, weather boarded, painted and of at least two fair sized comfort- able rooms* Section Be BE IT ORDAINED, That Section 45 of said Ordinance No. 501, shall, read as follows SECTION 45. No cores, horses, goats, sheep, rabbits or poultry may be maintained in "C Commercial Zone, "D" Commercial Zone, "Eft Industrial Zone or "F' Unrestricted Zone without the per- mission of the Mayor and Council of the City of Caldwell, Idaho,, first had and obtained. Section 9. BE IT 013DA.INED,, That Section 46 of said Ordinance No 501, shall read as follows SECTION 46. All buildings erected along or adjacent to Indian Creek 'shall be of some suitable and endurable material and the walls along the banks of said 'Indian Creek, supporting said buildings, shall be of re- enforced concrete, or like permanent Ma- terial and shall be supported by proper footing bases and founda- tions to comply with the building ordin€nnees of the City of Cald- well, and satisfactory to the City Engine4r and the Building In- spector of the City of Caldwell, PROVIDED that all such bases shall reach at least five ,(5) feet below the scour line of said Indian Creek.' That the throat of said Creek., between the said walls of such buildings or structures, shall be of at least thirty -three (33) clear lateral feet and shall, be of at'least eight (8) feet a- bove the bed of the stream. That none of the following classes of businesses -8- I . s shall be established or maintained adjacent to the banks or in buildings spanning said Indian Creek, to - grit blacksmith shops., wrecking houses, garages, or `any other business which ha�a great amount of waste which might be permitted to accumulate on the banks of or ' to Fall in the ` said Creek. Section 10 BE IT ORDAINED, That Section 47- said Ordinance No* 501, shall read as follows- SECTION 47: That no person shall deposit or permit to accumulate in said Indian Creek or along the banks of said Indian Creek, any rubbish, debris or refuse of any kind Section 119 All Ordinances or parts of Ordinances in conflict with this Ordinance is hereby repealed. Section l2. This Ordinance shall be in full force and 'effect from and after its passage, approval and pub- lication, PASSED By the CITY COUNCIL this day of G�.ivc s A.D., 1937,E APPROVED By the MYOR this �� day of IkW oro ATTEST: a