HomeMy WebLinkAboutORD 3102 BILL NO. 21
ORDINANCE NO.3102
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
VARIOUS ARTICLES, SECTIONS, SUBSECTIONS AND TABLES IN THE
"CALDWELL ZONING ORDINANCE," FOUND IN CHAPTER 10 OF THE
CALDWELL CITY CODE; 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, following duly noticed hearings before the Planning & Zoning
Commission, on August 8, 2017; and the City Council on September 5, 2017:
Section 1.That Chapter 10, Article 2, Section 10-02-01 of the Caldwell City Code,
entitled"General Regulations"respectively, shall be amended as follows:
10-02-01: GENERAL REGULATIONS:
• •.
specific article. In RS 1, RS 2, R 1, and R 2 zones, only one principal structure or
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T N, C 1, C 2, C 3, C 4, M 1, M 2, I P, A D, C D, C C, and H C. Morc than ono
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(1) The zoning district regulations and standards established in this chapter shall apply to
all zoning districts established in this chapter, unless specifically stated otherwise in a
specific article.
(2) In RS-1, RS-2, R-1, and R-2 zones, only one principal structure or building may be
built upon a single development site,parcel or lot, except as it may be otherwise specified
BILL NO.39,ORDINANCE No.3065-PAGE-1
2017-038604
RECORDED
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in this article and/or as part of a planned unit development. The following zones, without
having a planned unit development, are allowed to have more than one principal structure
or building upon a single development site, parcel or lot: R-3, T-N, C-1, C-2, C-3, C-4,
M-1, M-2, I-P, A-D, C-D, C-C, and H-C.
(3) More than one classification of uses (residential, commercial, or industrial) and more
than one use within these use classifications (example: bakery, food store, restaurant,
retail store) shall be permitted on a lot or parcel within the same building (or different
buildings), in any zoning district and/or without a planned unit development application
approval, if the proposed individual uses are permitted uses or special uses. In the case of
a proposed special use, such application should proceed through the standard procedures
of a special use permit application.
(4)Any person establishing, operating, or carrying on any permitted and/or accessory use
in a commercial, industrial, and/or mixed use zoning district shall first obtain a business
permit from the planning and zoning department prior to establishing, operating, or
carrying on such use.
(5) Residential Uses In Nonresidential and Mixed-Use Zones: Residential uses in
nonresidential and mixed-use zones shall have the same requirements as set forth in the
R-3 zone. This includes, but is not limited to, requirements for setbacks, frontages, lot
size and dimensions, signage, and fencing.
Section 2. That Chapter 10, Article 2, Section 10-02-02 of the Caldwell City Code,
entitled"Land Use Schedule,"respectively, shall be amended as follows (NOTE: only the added,
deleted or amended items are shown in the table below— all other unaffected items listed in the
current version of the Caldwell City Code shall remain in said table; the unaffected items have
simply not been included for purposes of this ordinance):
10-02-02: LAND USE SCHEDULE:
TABLE 1
LAND USE SCHEDULE
P=Permitted RS- RS- R- R- R- C- C- C-3 C-4 M- M- I-P A- C- H-
use 1 2 1 2 3 1 2 1 2 D D D
S=Special use
Commercial-
Automotive
Body shop' S P S P P
Commercial-
Service
BILL No.39,ORDINANCE No.3065-PAGE-2
Funeral Home PP S P S
Mortuary PP S P
Commercial-
Miscellaneous
Dance
Hall/Event S S
C enter Night
Club
Event Center S P S S S S S
Section 3. That Chapter 10, Article 2, Section 10-02-04 of the Caldwell City Code,
governing various aspects of land use, including accessory buildings, structures, and uses be
amended, as follows:
10-02-04: ACCESSORY BUILDINGS, STRUCTURES,AND USES:
(2) Except as otherwise regulated herein, an accessory building or structure
hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:
I. Under no circumstances shall any detached accessory uses, structures or
buildings as listed in this section be permanently used as a dwelling in any shape,
form or fashion, unless specifically stated otherwise elsewhere in this chapter.
This requirement also applies to camping trailers, tents, recreational vehicles and
similar unless: 1) such structures are located in a bona fide campground site or
recreational vehicle park and must then adhere to the requirements for a
campground site or recreational vehicle park; 2) the camping trailers, tents,
recreational vehicles and similar are being utilized temporarily ("temporarily" for
purposes of this requirement shall mean no more than 30 14 consecutive days
within a 6 month time period) for visitors or guests of the property owner and
must be parked on private property outside of any right-of-way; or 3) the property
owner is in the process of constructing the primary dwelling and is utilizing a
recreational vehicle or similar as a dwelling on the subject property until
occupation of the primary dwelling is possible, in which case such temporary use
may be granted by the planning and zoning department for a period not to exceed
one year.
BILL No.39,ORDINANCE No.3065-PAGE-3
O. Accessory Dwelling Unit (ADU) shall include its own independent
living facilities with provisions for sleeping, cooking, and sanitation. ADU's
shall meet all of the following standards:
(1)No more than one ADU shall be located on an individual
parcel.
(2) Shall be limited to a maximum of seven hundred (700) square
feet and no more than one bedroom (excluding garages and other
uninhabitable space).
(3) Shall have a separate exterior entrance or an entrance to an
internal common area accessible to the outside.
(4) Shall be consistent in design with the principal residence,
including roof pitch, siding, color, materials, and windows.
(5) Shall provide a minimum of one parking space.
(6) Shall provide proof of owner occupancy of the premises. Either
the principal residence or the ADU must be occupied by the owner of the
parcel on which they are constructed at all times.
(7) Manufactured homes, mobile homes, and recreational vehicles
shall be prohibited for use as an ADU.
(8) The ADU shall not be subdivided from the main parcel on
which it is located.
(9) The ADU shall meet the setback requirements for accessory
structures as set forth in subsection 10-02-04(2)C of this chapter.
(3) The following table (applicable only to RS-1, RS-2, R-1, R-2, and R-3
districts and to residential dwellings in C-C, T-N, H-C, C-D and H-D districts) shows
where accessory buildings, structures, and uses are permitted, with respect to the location
of the principal structure, as follows (except that sheds and storage buildings for garden
equipment and household items may be located on a side yard adjoining a street in
instances where a parcel or lot has no available interior side yard or rear yard area and
where the property is not located within the Steunenberg residential historic district):
Front went-Or
Yard Side
Yard Interior Rear
Adjoining Side Yard Yard
Accessory Building,Structure Or Use A Street
Accessory Dwelling Unit(ADU) X
Air conditioning equipment shelter X—' X X
BILL No.39,ORDINANCE No.3065-PAGE-4
Arbors or trellises X X X X
Buildings, structures or enclosures housing X X
livestock(see section 10-02-15 of this article
for definition of"livestock")
Classroom modular units are permitted on a X X
parcel or lot containing an existing school and
shall be located at least 30 feet from any
property line
Clothesline X-' X X
Fireplaces, outdoor X-' X X
Flagpoles X X X X
Garages, detached X X X
Gazebos X X X X
r
Lawn furniture such as benches and birdbaths X X X X
Lighting, ornamental X X X X
Patio, Porches, Decks, or similar X X X X
Playhouses X X
Pond and other water features X X X X
Portable RV covers/portable carports/portable X X
vehicle covers
Sheds and storage buildings for garden X' X X
equipment and household items
Solar Panels (Ground Mounted) XX X
Swimming pools,private, when in conformance X X X
with other codes
Television and radio antennas and satellite X X
dishes (stand alone)
Tennis courts,private X' X
Trailer pads or pads for recreational vehicles or X X X
BILL No.39,ORDINANCE NO.3065-PAGE-5
the like (pads are separate from, and in addition
to, the usual residential driveway for a
residential dwelling unit)
Other accessory buildings, structures and uses X
herein permitted in district regulations as
accessory to a specific permitted use
Notes:
1. May be permitted within the side yard adjoining a street when located behind a
minimum 6-foot tall solid, sight-obscuring fence.
Section 4. That Chapter 10, Article 2, Section 10-02-05, Section 10-02-06, and Section
10-02-07 of the Caldwell City Code, governing various aspects of parking, signage, and fencing
be amended, as follows:
10-02-05: PARKING,LOADING,AND PEDESTRIAN AMENITY
STANDARDS:
(2) General Provisions: The off street parking and off street loading
provisions of this section shall apply as follows:
(H) Off Street Parking: Off street parking shall only be allowed on
an established driveway or parking lot. Established driveways can be
must contain an approved
approach/curb cut from an alley or a street. Established driveways should
shall consist of concrete or asphalt, and shall not consist of gravel,lawn,
grass or sod. Driveways shall be paved a minimum of forty feet(40') into
the site as measured from the back edge of the sidewalk or edge of the
roadway where no sidewalk exists for commercial and industrial
properties. Driveways shall be paved a minimum of twenty feet(20') into
the site as measured from the back edge of the sidewalk or edge of the
roadway where no sidewalk exists for residential properties. A minimum
of one established driveway should be installed on any residential site,
when at all possible, as off street parking is the preferred method of
parking. There is no maximum to the number of established driveways on
BILL No.39,ORDINANCE No.3065-PAGE-6
a property. Spacing, sizing and design specifications and standards for an
approach/curb cut is determined by the engineering department. An
established driveway should be a minimum of eight feet(8')wide. Off
street parking shall also follow all requirements as listed in section 10-02-
04 of this article for parking of accessory uses.
(3) Off Street Parking: Off street parking facilities for vehicles shall be
provided in accordance with the following:
(H) Screening And Landscaping: All newly constructed,
reconstructed or resurfaced parking lots shall comply with the landscaping
provisions listed in article 7 of this chapter. All re-striped parking lots that
change the configuration of the parking stalls shall comply with the
interior landscape planter islands provisions listed in article 07-09 of this
chapter.
(J) Required Spaces: The minimum and maximum number of off
street parking spaces accessory to designated uses shall be provided as
required in table 4 of this section. Uses in a strip mall,business center,
commercial or industrial subdivision or similar may count all parking
spaces located within the development for their use provided business
hours do not overlap. For instance, a space,used as a church on Sundays
in a complex filled with professional offices,may count all of the parking
spaces in the complex toward its use on Sundays if the professional offices
are closed on Sundays, thereby eliminating the need for the church to
install an entire parking lot just for the church. Parking requirements in
this section shall not compromise state and federal handicap parking
regulations. Land uses listed in section 10-02-02 of this article and not
listed in table 4 of this section shall be governed with the parking
standards listed with an asterisk(*). The Planning&Zoning Director has
the authority to reduce the maximum number of parking stalls required by
up to 50%. These shall be decided on a case by case basis and shall be
dependent on the ultimate use of the property, existing parking in the area,
and other pertinent factors. Reductions to the minimum parking or bicycle
parking requirements or increases to the maximum parking requirements
greater than 50%may take place through either special use permit
BILL No.39,ORDINANCE No.3065-PAGE-7
approval, a variance approval or a planned unit development approval,
whichever may be most applicable.
10-02-06: SIGN SCHEDULE:
(2) General Provisions:
S. All billboard/off-premise signs located along I-84 freeway,
highways, and principal arterials shall have a minimum separation
distance of 1,320 feet. This measurement shall include signs along both
sides of the freeway and not only the signage along the side of the freeway
where the sign is proposed to be installed.
10-02-07: FENCING REGULATIONS:
(2)General Provisions:
A. For the purposes of this section, walls, latticework, and screens
shall be considered to be fences (and shall be used interchangeably) and
shall be built and maintained in compliance with the provisions herein.
Landscaping, shrubs, plants, etc., are not considered fences and do not
need to comply with the provisions contained in this section but must
comply with all provisions contained in articles 7 and 8 of this chapter.
Fence posts, gates, and other fencing materials installed on a property
shall also be in compliance with the provisions herein, including but not
limited to height, setback, and material.
Section 5. That Chapter 10, Article 3, Section 10-03-02, Section 10-03-11, and Section
10-03-12 of the Caldwell City Code, governing duties of the Planning& Zoning Director,
Definitions, and Neighborhood Meetings be amended, as follows:
BILL No.39,ORDINANCE No.3065-PAGE-8
10-03-02: DUTIES OF THE PLANNING& ZONING DIRECTOR:
(1) Interpret and administer this chapter. The director shall have the authority to
order, in writing,the remedy of any condition found to be in violation of this chapter or
of any permit approved under the provisions of this chapter. Any person aggrieved by a
decision made by the director in interpreting or enforcing this chapter may appeal such
decision to city council. Such appeal shall be heard following the public hearing
requirements set forth in subsection 10-03-03(2)of this article.
10-03-11: DEFINITIONS:
For the purpose of this chapter, certain terms are defined as set forth herein. All words in
the present tense include the future tense. The plural includes the singular, and all words
in the singular include the plural unless the nature of construction of the sentence
indicates otherwise. The word "shall" means something is mandatory.
ACCESSORY DWELLING UNIT (ADU): Secondary dwelling unit on the same
lot of the principal residence that includes its own independent living facilities
with provisions for sleeping, cooking, and sanitation.
. - --
prineipal-residenee,
- • .
BILL No.39,ORDINANCE No.3065-PAGE-9
are,. nstructea at all time
• Y. . . \ - . . .
•- • • •4
AUTOMOTIVE SALES, USED: A lot or parcel used for the sale of used
passenger vehicles or motorcycles. All passenger vehicles or motorcycles for sale
shall be easily accessible and shall be in operating condition.
AUTOMOTIVE STORAGE, OUTDOOR: Any use of premises, excluding fully
enclosed buildings, on which two (2) or more vehicles,
are standing more than thirty(30) days. Vehicles
may or may not be in operating condition. This definition does not apply to those
businesses that meet the definition of new or used automotive sales.
DANCE HALL/EVENT CENTER NIGHT CLUB: An establishment where
people regularly congregate primarily for entertainment purposes in the form of
dancing or live or recorded music and where a cover charge/entry fee is typically
required. The establishment may have one or more temporary or permanent
area(s) set aside for the purpose of dancing by the patrons of the establishment.
Alcoholic beverages may be served provided the appropriate liquor or alcohol
license has been obtained for the event.
DWELLING, SINGLE-FAMILY ATTACHED: A one-family dwelling with
ground floor outside access, attached on one side only to another enemy
dwelling by common vertical walls without openings (each dwelling unit occupies
its own lot or parcel, but with a zero lot line on the attached side - townhouse). A
single-family dwelling unit has only one address and only one water meter.
EVENT CENTER: - __ . _ . . e .. __ - . - _ _ _ . An establishment
which is rented out to the general public for events such as weddings, receptions,
and the like. Typically a cover charge is not required for those attending. Food
and beverages may be served, but all food preparation takes place off site.
Alcoholic beverages may be served provided the appropriate liquor or alcohol
license has been obtained for the event.
BILL NO.39,ORDINANCE NO.3065—PAGE-10
PRESCHOOL: A school for children younger than those five (5) years in age,
either public or private, which provides education and instruction for
compensation.
10-03-12: NEIGHBORHOOD MEETINGS:
(1)Applicants shall conduct a neighborhood meeting for any of the following:
special use permit applications; variance applications; annexation applications; planned
unit development applications; preliminary plat applications; appeal applications;
amendment applications; and rezone applications
Section 6. That Chapter 10, Article 7, Sections 10-07-02, 10-07-09, and 10-07-11 of the
Caldwell City Code, being a portion of the Caldwell Landscaping Ordinance, be amended as
follows:
10-07-02: APPLICABILITY:
(2)Application: This article shall apply in the following situations:
L. Uses,buildings, or properties that have been vacant or without a tenant for a
period exceeding twelve(12) consecutive months.
10-07-08: STREET LANDSCAPE BUFFERS:
(5) Required Landscaping And Improvements Within The Street Buffers:
BILL No.39,ORDINANCE No.3065-PAGE-11
A. Mixture of trees, shrubs, lawn, vegetative and nonvegetative ground
cover so that the entire buffer area is covered. A minimum of 70% of the buffer area shall
be covered with a turf-type grass.
10-07-09: PARKING LOT LANDSCAPING:
(1). Required: Interior landscape planter islands shall be required in all surface
parking lots _. -_ - ., - _ _ • _., ,., •. : •,. -_ . For those lots
containing fewer than six (6) spaces the size shall be determined at the discretion of the
Planning&Zoning Director.
10-07-11: PATHWAY LANDSCAPING STANDARDS:
(6) Public Pathway And Landscaping Requirements:
E. Public Pathway Landscaping:
5. Trees shall be chosen from the list of Class 1 or Class 2 or Class 3 trees in
article 8 of this chapter or as approved by the landscape design review committee,
and shall be a minimum combination of the-(2)three(3) class 4-2 trees and one
(1) class 2 3 tree.
10.A11 landscaping maintenance shall be the responsibility of the property owner
abutting the pathway and shall be kept in an attractive, safe and healthy manner.
Trees and/or shrubs located on controller's private property, within right of way,
or right of way area adjacent to controller's private property and/or having any
portion of the trees and/or shrubs on controller's private property growing onto,
within, over or under any right of way or right of way area adjacent to the
controller's private property shall be maintained as follows: trees and/or shrubs
BILL NO.39,ORDINANCE No.3065-PAGE-12
shall not interfere with or impede any irrigation, drainage, or stormwater system,
whether private or public, and shall be removed immediately to prevent any such
interference or impediment; trees and/or shrubs presenting a safety hazard to the
public shall be removed immediately; trees and/or shrubs shall be trimmed back
and up such that no portion of trees and/or shrubs shall be within a ten foot (10')
vertical height of any sidewalk and/or unimproved right of way, and a fourteen
foot (14') vertical height of any street or alley; all vegetation and foliage shall be
trimmed such that no portion of any vegetation or foliage grows over or onto any
public pathway. Property with landscape areas littered with weeds or trash, where
plant material (including, but not limited to, grass, trees, and/or shrubs) is dying
or dead, where ponds or water features are growing moss or algae, and/or where
trees and/or shrubs and/or grasses are not being maintained as noted above shall
be considered in violation of this article and subject to city planning and zoning
code enforcement and any other applicable penalties under this code.
Section 7. That Chapter 10, Article 12, Section 10-12-03, of the Caldwell City Code,
relating to the land use schedule in the City Center Zoning District, be amended as follows
(NOTE: only the added, deleted or amended items are shown in the tables below — all other
unaffected items listed in the current version of the Caldwell City Code shall remain in said
tables; the unaffected items have simply not been included for purposes of this ordinance):
10-12-03: LAND USE SCHEDULE:
TABLE 10-12-1
ALLOWED USES
Use
Dance Hall/Night Club
Event Center
Section 8. That Chapter 10, Article 13, Section 10-13-03, of the Caldwell City Code,
relating to the land use schedule for Mixed Use Districts, be amended as follows (NOTE: only
the added, deleted or amended items are shown in the table below — all other unaffected items
listed in the current version of the Caldwell City Code shall remain in said table; the unaffected
items have simply not been included for purposes of this ordinance):
10-13-03: LAND USE SCHEDULE:
BILL No.39,ORDINANCE No.3065-PAGE-13
TABLE 10-13-1
LAND USE SCHEDULE FOR MIXED USE DISTRICTS
T-N H-C
Commercial- service:
Funeral Home/Mortuary N S N S
Commercial -miscellaneous:
Dance Hall/Event Center Night
Club S P=
Event Center S S
Section 9. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed,rescinded and annulled.
Section 10. This ordinance shall be in full force and in effect from and after its passage,
approval and publication, according to law.
Section 11. 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 BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 5th day of
September,2017.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,this 5th
day of September,2017.
ATTEST:
Garret Nancolas, Mayor """,":,,,,,,", Debbie Geyer, City C1er
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BILL No.39,ORDINANCE No.3065-PAGE-14
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3102
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING VARIOUS
ARTICLES, SECTIONS, SUBSECTIONS AND TABLES IN THE "CALDWELL ZONING
ORDINANCE," FOUND•IN CHAPTER 10 OF THE CALDWELL CITY CODE; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
Sections 1 through 8: Includes amendments to the Caldwell Zoning Ordinance, located in Chapter 10 of
the Caldwell City Code, at Articles 2, 3, 7, 12, and 13, by updating and amending various items and uses
listed in land use schedules, tables and related footnotes, making other various revisions to the Caldwell
Zoning Ordinance, including changes to regulations governing: accessory uses and the use of rv's and
similar as temporary living quarters, paving of residential driveways, defining accessory dwelling units,
screening and landscaping of off street parking facilities, allowing for reductions in the number of
required parking stalls, requiring spacing for billboards along I-84 and other highway corridors, fencing
regulations, duties of the Planning & Zoning Director, amending and adding definitions, neighborhood
meetings,applicability of required landscaping,parking lot landscaping, pathway landscaping standards.
Sections 9 through 11: Provides that this ordinance shall be in full force and effect from and after its
passage, approval, and publication, according to law; provides for severability; repeals conflicting
ordinances,resolutions,and orders.
Ordinance No. 3102 provides an effective date,which shall be when published in the Idaho Press Tribune
on the 12h day of September 2017. Ordinance No. 3102 was passed by the Council and approved by the
Mayor on the 5th day of September 2017. 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 5th day of September 2017 for publication on the 12th day of
September 2017, 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 a . complete
summary of Ordinance No. 3102, .LI, pro ''es
adequate notice to the pub ' to he ontents
of such ordinance.
DATED this 5th day of Se atember 2!17
Mark Hilty,Attorney for ity of Cal ell