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Home My WebLink AboutORD 2939BILL NO.18 ORDINANCE NO.2939 AN ORDINANCE AMENDING CHAPTER 10 OF THE CALDWELL CITY CODE,WHICH IS THE ZONING ORDINANCE AND CHAPTER 11 OF THE CALDWELL CITY CODE,WHICH IS THE SUBDIVISION 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,after hearings before the Planning &Zoning Commission on August 13,2013 and the City Council on October 7, 2013: Section 1.That Chapter 10 of the Caldwell City Code shall be amended as follows: Section 10-01-03(1)A.1.RS-1 RESIDENTIAL ESTATE (Lako Zone Estate): Section 10-01-03(1 )A.2.RS-2 RESIDENTIAL SEMI-RURAL (Lake Zone Somi Rural): Section 10-02-02 LAND USE SCHEDULE: TABLE 1 LAND USE SCHEDULE P=Permitted use S=Special use Commercial Retail: Pawnshops Public and Semipublic S^ootlnq Ranae. Indoor BMX.Dirt-Bike Track RS-1 RS-2 R-1 R-2 R-3 C-1 C-2 S C-3 P P s C-4 M-1 P P P M-2 I-P A-D C-D H-D Section 10-02-03(1)The minimum lot area for each dwelling unit above that which is required for a single-family dwelling shall be one thousand (1.000)square feet for the first dwelling unit and two family dwollingc chall bo two thousand (2,000)square feet for each additional unit unless the lot area is permitted to be reduced by planned unit development procedures. Section 10-02-04(2)K.BMX and dirt-bike tracks,whether recreational or commercial in nature,are not permitted as an accessory use in any residential or mixed use zoning district. Section 10-02-07(2)F.Nothing over three feot (3')in height ohall ovor be allowod,placod,erected,constructed or planted in any vicion trianglo(s)with tho oxcoption of city cignago as roquirod for stroot namos,traffic dirootion and public safety,Trees are prohibited within tho vision triangle area.Fencing over three feet (3')in height should not be allowed,placed,erected,or constructed in any vision triangle as defined below. Section 10-02-07(2)F.1."Vision triangle":Defined as measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40')along each roadway and connecting the two (2)points with a straight line.The edge of the roadway shall be defined as the curb or where the curb would be if no curb is installed.Driveways are not considered roadways for this definition. Ord.No.2939 (Zoning Ordinance 2013 modifications)Page 1 of 2 Section 10-02-09(7)All home occupation permits,including those in existence prior to and upon the effective date hereof,shall be subject to scheduled or unscheduled annual inspections for compliance and ronewal by the planning and zoning department,and pormits shall be ronowod subjoct to passing of all incpootions.Permits shall be compliant with all federal,state,and city codes and regulations in place at the time of inspection. Permits found to be noncompliant upon annual any inspection Ghall not bo ronowed but chall may be revoked by the planning and zoning director or his/her authorized designee if compliance is not accomplished within thirty (30)days of notification of noncompliance.The planning and zoning fee for the annual renewal of home occupation permits,as well as any applicable inspection fees,shall be paid upon submittal of the renewal application and shall be the amount set forth by city council through resolution. Section 10-12-03,Table 10-12-1 Allowed Uses Use Pawnshops Section 10-13-03.Table 10-13-1 Commercial -service: Pawnshops Land Use Schedule for Mixed Use Districts T-N P N - H-C P N Section 11-02-03(1)F.2(A)Commercial and industrial preliminary plats may be allowed up to three time extensions at the discretion of the City Council. 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 ADOPTEOBY THE COUNCIL OF THE CITY OF CALDWELL,IDAHO, this 2\c±J day of (_JC>Maer~2013 APPROVED BY THE MA¥QR OF THE CITY OF CALDWELL,IDAHO, this 7)rA)day of (jO^fc^2013. ATTEST:\*o} /~.£&/*//Vo«,o;-/ Garret Nancolas,Mayor Debbie Geyer,City Cle »*** Ord.No.2939 (Zoning Ordinance 2013 modifications)Page 2 of 2 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO.2939 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10,WHICH IS THE ZONING ORDINANCE,AND CHAPTER 11 OF THE CALDWELL CITY CODE,WHICH IS THE SUBDIVISION 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,the zoning ordinance,as follows: Renames the lake zone districts as semi-rural residential districts. -Updates the Land Use Schedule with additions of indoor shooting ranges and BMX/dirt bike tracks. Allows pawnshops as a special use in the C-2 district. -Revises the minimize lot size for duplexes and multiple unit dwellings. -Prohibits BMX and dirt bike tracks as accessory uses in residential zones. -Corrects language that prohibits fencings in the vision triangle. -Provides clarity to measuring the vision triangle when a road is not curbed. Amends when inspections can take place at a home occupation. -Prohibits pawnshops in the City Center district. Prohibits pawnshops in the mixed use districts. Section 2:Amends Chapter 11,the subdivision ordinance,as follows: -Allows commercial and industrial preliminary plats to have up to three (3)one-year time extensions at the discretion of the City Council. Section 3:Repeals conflicting ordinances,resolutions and orders. Section 4:Provides that this ordinance shall be in full force and effect from and after its passage, approval,and publication,according to law. Section 5:Provides for severability. Ordinance No.2939 provides an effective date,which shall be when published in the Idaho Press Tribune on the 28th day of October 2013.Ordinance No.2939 was passed by the Council and approved by the Mayor on the 21st day of October 2013.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 21S|day of October 2013 for publication on the 28th day of October 2013,pursuant to Idaho Code 50-901 A. 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.2939 and provides adequate notice to the public as to the contents of such ordinance. DATED this 2 Is1 day of October 2( Mark Hilty,Attorney for City of C