HomeMy WebLinkAboutORD 2895BILL NO.36
ORDINANCE NO.2895
AN ORDINANCE AMENDING CHAPTER 10,ARTICLE 11 OF THE CALDWELL CITY CODE REGARDING
THE INDUSTRIAL AIRPORT OVERLAY ZONE;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.That Chapter 10, Article 11 of the Caldwell City Code shall be amended as follows:
10-11-02(2)APO-2 Noise Abatement Zone:Land within the APO-2 zone may experience adverse effects from
noi6e generated by aircraft using the airport including,but not limited to.noise,light,vibrations,fumes,exhaust,
smoke air currents,dust,fuel particles,radio,television and other electromagnetic interferences and all other
effects as may be inherent to the operation of aircraft for navigation or flight in the air.Development of noise
sensitive ucos in the APO-2 zone shall require certain notification procedures,noise abatement construction
and/or avigation easements.The purpose of the APO-2 zone is to ensure that development is compatible with
the existing and future uses of the airport.
10-11-04:DEFINITIONS:
DEVELOPMENT:The modification,annexation,subdivision platting,or rezonino of real property,or change of
user improvomont,new construction,special use permitting,rebuilding,or addition of more than 200 square feet
of enclosed space to existing construction,remodeling or other alteration on real property, or its uso.
10-11-07(2):Compliance With Guidelines:Rezoning applications,annexation applications,for rooidontial zonoc
or any noise sensitive development requiring issuance of a building permit applications for new construction
and/or for additions of more than 200 square feet of enclosed space to existing construction,special use permit
applications,and/or subdivision platting applications change in use permit or variance in the APO-2 zone shall
demonstrate that any noise sensitive improvement complies with the guidelines set forth in the publication
entitled "City of Caldwell Noise Mitigation Measures In Airport Overlay Zone",which is adopted by this
reference.Building permits issued for remodeling that does do not penetrate the exterior of an existing
improvement shall be exempt from this requirement.Where remodeling of an existing structure does penetrate
the exterior,only that portion of the structure remodeled must comply with this requirement.Alternate
construction methods shall be certified by an acoustical engineer or a board certified member of the Institute of
Noise Control Engineering to reduce noise exposure inside the improvement by at least thirty (30)decibels from
noise measured immediately outside the improvement.Proof of alternate compliance is the responsibility of the
developer/applicant.
10-11-07(3):Notification:Rezoning applications,annexation applications,for residential zones or any noise
sensitive development requiring issuance of a building permit applications for new construction and/or for
additions of more than 200 square feet of enclosed space to existing construction,special use permit
applications,and/or subdivision platting applications change in use permit or variance in the APO-2 zone shall
demonstrate that purchasers or tenants of the improvements or subiect property will be notified that the property
may be subject to noise exposure,light,vibrations,fumes,exhaust,smoke,air currents,dust,fuel particles,
radio,television and other electromagnetic interferences and all other effects as mav be inherent to the
operation of aircraft for navigation or flight in the air,from aircraft using the airport.Measures used to notify
purchasers or tenants must include at least a notice on:a)plats and b)deeds or leases.
10-11-07(4):Avigation Easement Grant:Rezoning applications,annexation applications,for residential zones or
any noise sensitive development requiring issuance of a building permit applications for new construction and/or
for additions of more than 200 square feet of enclosed space to existing construction,special use permit
applications,and/or subdivision platting applications change in use permit or variance in both the APO-1 and
APO-2 zone requires grant of an avigation easement to the city,in substantially the form attached to ordinance
2457 as appendix B,as may be amended,by all property owners as a condition of application approval and
Ord.No,2895 (Industrial Airport Overlay zone)Page 1 of 2
prior to recordation of applicable rezone or annexation ordinances,issuance of applicable permanent certificates
of occupancy or the City Engineer's signature on a final plat.
Section 2.All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 3.This ordinance shall be in full force and in effect from and after its passage,approval and publication,
according to law.
Section 4.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 COUNCIL OF THE CITY OF CALDWELL,IDAHO,this iq+*l day of rOCLXgJn 2012
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL,IDAHO,
this VQW day of fV"\&A.gJn .2012.
Garret Nancolas,Mayor
ATTEST:
Debbie Geyer,City Cle
Ord.No.2895 (Industrial Airport Overlay zone)Page 2 of 2
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.2895
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10,
ARTICLE 11OF CITY CODE REGARDING THE INDUSTRIAL AIRPORT OVERLAY ZONE;
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 11 of the Caldwell City Code,regarding the Industrial Airport Overlay
zone,as follows:
Adds additional adverse effects from aircraft over and above noise including light,vibrations,fumes,exhaust,
smoke air currents,dust fuel particles,radio,television and other electromagnetic interferences and all other
effects inherent to the operation of aircraft;revises the definition in this section for development; adds
requirement for an avigation easement in both airport overlay zone 1 and 2,regardless of the use.
Section 2:Repeals conflicting ordinances,resolutions and orders.
Section 3:Provides that this ordinance shall be in full force and effect from and after its passage,approval,and
publication,according to law.
Section 4:Provides for severability.
Ordinance No.2895 provides an effective date,which shall be when published in the Idaho Press Tribune on the
26th day of March,2012.Ordinance No.2896 was passed by the Council and approved by the Mayor on the 19th
day of March,2012.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
19th day of March,2012 for publication on the 26Ih day of March,2012,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.2895 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 19th day o£March,2012MarkHilty,Attornfirior City of Caldwell