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Home My WebLink AboutORD 2928BILL NO.7 ORDINANCE NO. 2928 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. That Chapter 10 of the Caldwell City Code shall be amended as follows: 10- 02 -03: Table 2 Height, Setback and Area Schedule Zoning District Max. Height R -1 25 (2) R -2 235 1 " R -3 45- C -1 3fi C -2 45 C -3 4S C-4 45 -P 45 M -1 45 M -2 43 A -D 2' 3 ) RS -1 3545 (2) Ord. fro. 2928 (Irrigation, Height, DR, HE ordinance modifications) Page 1 of 5 RS -2 3545 (2) C -D 55 H -D 45 "- None 10 -02 -03(2) The maximum height if there is one, may be exceeded by special use permit approval. Regardless of the zoning district, if a new structure is being built immediately adjacent to a single - family dwelling or a duplex the maximum hei-ght of the new structure shall be 25 feet unless allowed to exceed such maximum height by special use permit approval. .. - - 10- 03 -01(7) A hearing examiner may be appointed by the city council. Pursuant to Idaho Code 67 -6520, the hearing examiner shall have the same authority as the planning and zoning commission to hear requests for special use permits, variances, subdivisions plats, planned unit developments, rezones comprehensive plan map changes, and annexations. 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/or does not have access to surface or well water and has provided satisfactory evidence to the public works director /city engineer of such lack of water right, or access, 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 in the instance of a hard_ shy , the development, subdivision, OF project or ap rcel may use city water for irrigation purposes, under the conditions noted below in sections A and B . An application for approval to use city water for wateFiRo irrigation purposes shall have to be submitted to and processed by the Viand zoning Water Department Superintendent The application is approved or denied on a case by case basis by the public works director /city engineer. All properties within the boundaries of Caldwell Lateral Irrigation District and Caldwell Municipal Irrigation District must connect to pressure irrigation if it is deemed available by the applicable irrigation district. k a ll shall take plarve. I f th A-9-9-IMFG, l GGk out d ee be installed to enswe that Gity wat8F AG Iangw used d6lFiRg the !R season. A. Potable municipal water may be used for irrigation purposes only if one or more of the following conditions are met: 1. Irrigation water or the point of delivery is not available or located within two hundred fifty feet (250') of commercial or industrial developments, with less than ten thousand (10,000) irrigable square feet, or for single - family residential lots autside of Caldwell iFFigatiOR lateral distFlGt, where irrigation water or the point of delivery is not available or located within one hundred fifty feet (-I-59 of the property in question. 2. The irrigation water system cannot be physically extended as determined by the appropriate irrigation district. 3. The property in question does not have, and has not had for any of the past three (3) years, an irrigation water right and cannot obtain one from the irrigation district by which the property is bounded. Said irrigation district must certify to the city that such a right is not available and cannot be provided. Ord. Flo. 2928 (Irrigation, Height, DR, HE ordinance modifications) Page 2 of 5 4. When due to physical health or ability, the operation of the gravity irrigation system has become too difficult to manage, a written letter explaining the hardship case shall be attached to the application for consideration. Hardship cases are mutually approved on a case-by-case basis by the Public Works Director /City Engineer and Water Department Superintendent. 5. Connection to the existing gravity/surface irrigation water exceeds Two thousand five hundred and zero/100 dollars ($2,500.00) for commercial lots and One thousand and zero/100 dollars 01.000.00] for residential lots. Public Works Director /City Engineer and Water_ Department Superintendent shall grant mutual approval 6. Recurring flooding of dwellings causing damage and unfavorable conditions is evident and demonstrated to the City Public Works Director /City Engineer and Water Department Superintendent. B. system- Conditions of Approval: When connection to potable municipal water for irrigation purposes is granted, the following conditions must be met and the property owner agrees that: 1. If a property is reliant upon city water for irrigation purposes and the property owner has the opportunity to connect to a pressurized irrigation system, that connection shall take place. If this occurs, lock out devices approved by the city Water Department shall be installed and inspected by the Water Department to ensure that city water is no longer used during the irrigation season. 2. Any connection to the potable water system for irrigation shall be made in compliance with city and Caldwell Municipal Irrigation District standards, including the use of an approved backflow prevention assembly, and must be approved by the city engineer. 3. Inspection of the installation of the Caldwell Municipal Irrigation District approved backflow assembly shall be completed by the Water Department. 4. The roe shall be obli ated b its owner to enter into a deferral a reement sti ulatin artici ation in a local improvement district for construction of and connection to a regional pressurized irrigation system. . 5. When connection to the re ional pressure irrigation system becomes available the property shall be connected to said regional system by and at the cost of the property owner. 6. The property owner shall agree to retain any and all irrigation water rights for the subject property. 7. Backflow assemblies shall be tested upon installation by a State - certified backflow assembly tester with test results submitted to the Water Department within 7 calendar days of testing. 8. Backflow assemblies must be inspected every 12 months and results submitted to the Water Department within 7 calendar days of testing. Section 10 -12 -08(2) Applicability: A. All applications within the city center zoning district, including those within the Indian Creek corridor, shall be reviewed for compliance with the standards as set forth in this article by the planning and zoning director. Requested variances, deviations, or exceptions to the standards as set forth in this article shall be included in any armlication for consideration by the Rianning and zoning director. Ord. No. 2928 (Irrigation, Height, DR, HE ordinance modifications) Page 3 of 5 I } 1 � � ■ " 1 F y I ■ 1 1 I ■ _ ■ �I .a a I - ■ 1 1 i i e ■ M - I 1 - � � I■ F 1 I LI I - I 1 ■ ■ ■' I • I � I 4 ■ II 1 1 ■ OIL - I ■ f 1 ■ I - - I 1 J � 1 ■ , rr■ , m ■mss '-� % � _ V le ■ ■Am y ' W E N ' r } 1 I I I _ r _ ■ . I lly ' 11 � 1 1 ■ I x ? 1 I ' I ■ ■ F v II 11 ' II II I _ I .JI 1 G I I 4, 1 ■ � 1 f ■ ti ILI I ■ ■ ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2928 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10 OF CITY CODE; 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, of the Caldwell City Code, regarding the zoning ordinance, as follows: - Changes maximum height restriction to 35 feet in an R -2 zone, 45 feet in an RS -1 and RS -2 zone, and eliminates it in commercial, industrial, and institutional zones. Provides for a special use permit approval option for exceeding the maximum height restriction where applicable. - Adds planned unit developments, rezones, and comprehensive plan map changes to the list of allowed hearing examiner duties. - Changes the provisions for use of city water for irrigation by adding instances where access to surface or well water is not available and adding instances of hardship. Specifies that all properties within the boundaries of Caldwell Lateral Irrigation District and Caldwell Municipal Irrigation District must connect to pressure irrigation if deemed available. Changes the allowed point of delivery distance from 150 to 100 feet of the property. Adds conditions of approval for connection to potable municipal water. - Eliminates the design review commission and places those duties with the planning and zoning director with appeals to city council. 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. 2928 provides an effective date, which shall be when published in the Idaho Press Tribune on the 10` day of June, 2013. Ordinance No. 2928 was passed by the Council and approved by the Mayor on the 3rd day of June, 2013. The full text of the Ordinance is available at the Caldwell City Clerk's Office, 411 Blaine Street, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary on the 3r day of June, 2013 for publication on the 10" day of June, 2013, 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. 2928 and provides adequate notice to the public as to the contents of such ordinance. � J DATED this 3r day of June, 2013 Mark Hilty, Attorney for City of Caldwell