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Home My WebLink AboutORD 3176BILL NO. 46 ORDINANCE NO. 3176 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 October 9, 2018; and the City Council on November 5, 2018: Section 1. 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=S ecial use Residential - Commercial Gara eg /Yard P P P P P P Sale — – – – – Section 2. That Chapter 10, Article 2, Section 10-02-07 of the Caldwell City Code, governing fencing materials be amended, as follows: BILL No. 46, ORDINANCE No. 3176 - PAGE -1 10-02-07: FENCING REGULATIONS: (3) Prohibited Fencing D. Decorative corrugated metal may be used as fencing material on a case-by-case basis as determined by the planning and zoning director. To be considered for approval it must meet the following standards: 1. The fencing is not visible from a public roadwayand 2. If located within any residential zone or abutting a residential zoned property, all eUosed edges alongthe he top and outer sides of the decorative corrugated metal fence must be dressed so that no sharp edges are exposed. Section 3. That Chapter 10, Article 2, Section 10-02-09 of the Caldwell City Code, governing home occupations, be amended, as follows: 10-02-09: HOME OCCUPATIONS: (4) Home occupation permit applications shall meet all of the following home occupation standards to be considered eligible for approval of issuance of a home occupation permit: 1. No portion of any gar -age or- aeoesser-y building sha4l be eeeupie by a home atio ept that storage of d mo ehan ise goo. nd/o .�� VV equipment may be peimiitted in these areas with the eonsent of the fir Garages and/or accessory buildings may be occupied by a home ocLiMation if they meet the following standards: 1. No more than 50% of the total gross area of the garag may be utilized for the home occupation. BILL No. 46, ORDINANCE No. 3176 - PAGE - 2 2. No more than 200 square feet of total area of accessory structures may be utilized for the home occupation. Section 4. That Chapter 10, Article 3, Section 10-03-11 of the Caldwell City Code, governing Definitions be amended, as follows: 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. GARAGE/YARD SALE: All general sales, open or advertised to the public, conducted from or on a residential premises (single-family, dpplexes or qpartments), in any residential zone for the purpose of disposing of tangible personal property. Said sale includes situations in which more than three (3) specific items tangible to a personal property are to be sold. Personal property is property which is owned, utilized, and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. Merchandise, whether new or used, purchased for resale at a garage sale or obtained by consignment for sale at a garage sale is prohibited. See Chapter 6, Article 15 of Caldwell City Code for additional requirements re ag rding Garage/Yard Sales. This definition shall not prevent residents from conducting multi -family yard sales on their property provided that all other rules and provisions are adhered to. Section 5. That Chapter 10, Article 11 Section 10-11-05 of the Caldwell City Code, governing noise sensitive uses within the Airport Overlay Zone, be amended as follows: BILL No. 46, ORDINANCE No. 3176 - PAGE - 3 10-11-05: NOISE SENSITIVE USES: For Purpose of this article, noise sensitive uses include the following uses of real property taken from the land use table at section 10-02-02 of this chapter. Any use set forth in section 10-02-02 of this chapter as of the effective date of this article and not identified in this section is not noise sensitive. Any proposed use that is not set forth in either section 10-02-02 of this chapter as of the effective date of this article or this section, shall be evaluated and classified by the planning and zoning director or his/her authorized designee. Bed and Breakfast Church Convalescent, nursing/rest home Dance, music, voice studio, gymnastics, karate* Daycare center* Drive-in theater Family/group daycare home* Fraternity, sorority house/dormitory Hospital Manufactured home Manufactured home developments Masseur* Mobile home Multi -family dwelling Recreational vehicle park Rooming/boarding house BILL No. 46, ORDINANCE No. 3176 - PAGE - 4 School (unless the educational facility school/school program is aviation related, which is then allowed) Single-family dwelling Theater (unless the theater is intended for the use of aviation related films, documentaries, trainings and the like, which is then allowed) Three-family dwelling Two- family dwelling Noise sensitive uses do not include accessory uses of real property where the primary use on the property is not noise sensitive. Provided, however, without regard to any other provision of this chapter, any accessory use in the APO -1 zone that would be a noise sensitive use if it were the primary use ("noise sensitive accessory use") shall be undertaken and established at the sole risk of the property owner, occupant or developer and with the knowledge and understanding that airport activities may adversely affect any noise sensitive accessory use at any time and in increasing unknown proportion in the future. By authorizing the construction and operation of a noise sensitive accessory use, the city conveys no vested property right to the owner, occupant or developer. Rights conveyed, if any, are specifically limited by the terms of this section. Those uses identified above with an asterisk (*) may be allowed within the APO - 1 zone when accompanied with a signed and recorded Avigation Easement Grant to the citeproperty owner. The avigation easement shall be substantially the form attached to ordinance 2457 as appendix B, as may be amended, and shall be signed by all property owners as a condition of implication approval and prior to issuance of applicable building permits permanent certificates of occupancy, or business permits. Section 6. That Chapter 10, Article 12, Section 10-12-04 of the Caldwell City Code, governing use standards within the City Center Zoning District, be amended as follows: 10-12-04: USE STANDARDS: BILL No. 46, ORDINANCE No. 3176 - PAGE - 5 (1) Applicability: The use standards established in this section shall apply to the development of all principal permitted, temporary and special uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with specific use permit requirements or other regulations of this article. All exterior improvements for said standards (including but not limited to signage awnings etc) shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Maintenance shall be such that the improvement continues to conform to any conditions imposed by this article, anv building/sign permit or any applicable special use permits Nothing in this code shall relieve the owner or user of any improvement or owner of property on which the improvement is located from maintaining said improvement in a safe condition, a state of good repair and an aesthetically pleasing condition. Section 7. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 8. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. Section 9. 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 November, 2018. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5`1 daN of November, 2018. ATTEST: CITY 0F'•.,� • •' ► IcoRA.�9 Garret Nancolas, Mayor . a ; 0� :fid - Debbie Geyer, City Jerk x•:90 •' ��'•, Y ID PXN BILL No. 46, ORDINANCE No. 3176 — PAGE - 6 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3176 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 6: Includes amendments to the Caldwell Zoning Ordinance, located in Chapter 10 of the Caldwell City Code, at Articles 2, 3, 11, and 12, by adding an item listed in the land use schedule, making other various revisions to the Caldwell Zoning Ordinance, including changes to fencing regulations; amending home occupation requirements; adding a definition for Garage/Yard Sale; amending the noise sensitive uses; amending the use standards for the city center district regarding maintenance of signage, awnings, etc. Sections 7 through 9: 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. 3176 provides an effective date, which shall be when published in the Idaho Press Tribune on the 13t' day of November. Ordinance No. 3176 was passed by the Council and approved by the Mayor on the 51 day of November, 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 51 day of November, 2018 for publication on the 13' day of November, 2018, 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. 3176, and provides adequate notice to the public as to the contents of such ordinance. DATED this 5' day of November, 2018 Mark Hilty, Attorney for City of Caldwell