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Home My WebLink AboutORD 3126 BILL NO. 45 ORDINANCE NO.3126 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 2, ARTICLE 17 ENTITLED "CALDWELL HISTORIC PRESERVATION COMMISSION"; 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 hearing before the City Council, on January 16, 2018: Section 1. That Chapter 2, Article 17, of the Caldwell City Code, shall be amended as follows: 02-17-10: APPLICATION REQUIREMENTS; NOTICE; ACTION; APPEAL FOR COMMISSION AND STAFF LEVEL APPLICATIONS: (2)Public Meetings, Hearings,Notification, and Action for Commission Level Applications: A. Public Meeting;Notice: Prior to approval or denial of a certificate of appropriateness for window, door,roofing, siding replacement, and fencing, except for those certificate of appropriateness approved by staff level, a public meeting shall be held, notice shall be posted on the premises not less than seven(7)calendar days prior to the meeting. B-4:Hearing;Notice: Prior to approval or denial of a certificate of appropriateness for demolition, relocation, zone change, change of use, additions, alterations or new construction a public hearing shall be held,notice shall be posted on the premises not less than seven(7) calendar days prior to the meeting and notice shall be mailed to the applicant,the property owners and residents within three hundred feet(300') of the exterior boundary of the parcel under consideration, and to any applicable registered neighborhood associations a minimum of fifteen(15)days prior to said public hearing. C.l7 Incomplete Application: In the event the commission receives an application for review that the commission deems incomplete or needing additional information,the request shall be continued to the next meeting. D.E. Representative Must Be Present: The property owner(s) or property owner's representative shall be present at the meeting for the commission to take action on the application. E.D. Agenda: The complete agenda for all meetings shall be posted on the city's website and in the development services building. BILL NO.45,ORDINANCE NO. 3126-PAG F- 1 F. Action By The Commission: 1. Approvals: If the commission determines the proposed request is appropriate, it shall approve such application with its reasons for the decision and any applicable conditions of approval and shall issue to the applicant a certificate of appropriateness. 2. Denials: If the commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reason for such determination and shall notify the applicant in writing of its reasons and recommendations, if any, as to what actions could be taken in order to obtain a certificate. (3)Action And Notification For Staff Level Certificates: A. Within a minimum of five (5)ten(10)business days after receipt of an application, planning staff shall investigate the request and shall either approve, modify, or deny such application. B. Within two(2)five (5)business days of the decision,planning staff shall notify, in writing, the applicant, . . . - •. . . - . . .•. - • . •- ,. - • . . - meal. Notification shall be deemed complete on the date notice is provided to the U.S. osta' a applicant. (4)Appeals: A. Appeal Of Commission Level Decisions: Any applicant or property owner or resident within three hundred feet(300') of the subject property aggrieved by a determination of the commission may appeal to the council within fifteen(15) calendar days of from the . . • • • . -.. _ - . . _ •. • ! ! !- . • Bede—date the Certificate of Appropriateness is approved or denied. The decision is deemed to have been made on the date the commission signs the order of decision. An appeal from the council may be taken to a court of competent jurisdiction. B. Appeal Of Staff Level Decisions: A decision of planning staff may be appealed to the commission within fifteen(15) calendar days from the date the . . •. - •, . . ! ! !A ' -:- Certificate of Appropriateness is approved or denied. The applicant may request a waiver of the fifteen(15) day appeal period for staff level approvals if the request is made in writing and accompanied by the signatures of all adjacent property owners and residents indicating that they do not object to the waiver request. Planning staff shall review all pertinent information and issue a decision on the request. BILL No.45,ORDINANCE No. 3126-PAGE-2 02-17-11: FINDINGS FOR GRANTING A CERTIFICATE OF APPROPRIATENESS: (1) The commission shall review easy application(s) with the findings outlined below as pertaining to the request for a certificate of appropriateness. The commission may attach conditions of approval to the application to ensure compliance with the findings. Modifications to the application may be submitted and will be considered at a staff level. In reviewing the modification,planning staff will utilize the original findings under which the application was reviewed to ensure the project still complies with the requirements for a certificate of appropriateness. 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 BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 16th day of January,2018. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL,IDAHO, this 22" day of January,2018. ATTEST: )916146444 411011/ PA& Garret Nancolas, Mayor Debbie Geyer, City Cl. so, .....Cit t o 7 O BILL NO.45,ORDINANCE NO. 3126-PAGE-3 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO.3126 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING VARIOUS ARTICLES, SECTIONS, AND SUBSECTIONS IN THE "CALDWELL HISTORIC PRESERVATION COMMISSION,"FOUND IN CHAPTER 2 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: Includes amendments to the Caldwell Governing Bodies and Advisory Boards, located in Chapter 2, Article 17 of the Caldwell City Code, by updating and amending public meetings, hearings, notifications,actions,and appeals at the staff and commission level.This amendment also contains changes to the findings for granting a certificate of appropriateness. Sections 2 through 4: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. 3126 provides an effective date, which shall be when published in the Idaho Press Tribune on the 30th day of January 2018. Ordinance No. 3126 was passed by the Council and approved by the Mayor on the 16th day of January 2018. 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 16th day of January 2018 for publication on the 30th day of January 2018, 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 come ete summary of Ordinance No. 3126, and prove' adequate notice to the public as to the co, nt of such ordinance. DATED this 16`h day of January 20 Mark Hilty,Attorney for City of 'aldwell