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Home My WebLink AboutORD 3237BILL NO. 45 ORDINANCE NO. 3237 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 September 10, 2019; and the City Council on October 7, 2019: 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 followsN( OTE: onlX 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 use RS -1 RS -2 R-1 R-2 R-3 C-1 C-2 C-3 C-4 M-1 M-2 I -P A -D C -D H -D S=S ecial use Agribusiness Farmstand, Commercial 8 8 9 9 9 S P P P P P P S S Farmstand, Personal$ S S S S S P P Greenhouse, Commercial S S 9 S S P P £ P P P P P S Greenhouse, P P P P P P P P Personal Residential_: Accessory S S S P P S S S S S P S Dwelling Unit (ADU)8 Commercial - Miscellaneous BILL No. 45, ORDINANCE No. 3237 - PAGE - 1 Amusement S S S S -P S Center Notes: A. Footnotes: The following footnotes correspond with the land use classifications listed in this table: 8. Shall be permitted as an allowed use within the RS -1, RS -2, and R-1 zone if the parcel is greater than 30,000 square feet. Section 2. That Chapter 10, Article 2, Section 10-02-03 of the Caldwell City Code, governing various aspects of minimum/maximum bulk requirements, be amended, as follows: 10-02-03: HEIGHT, LOT LINE SETBACK AND LOT DIMENSION SCHEDULE: TABLE 2 HEIGHT, SETBACK AND AREA SCHEDULE Minimum/Maximum Bulk Requirements (In Feet) BILL No. 45, ORDINANCE No. 3237 - PAGE - 2 Interior Corner Minimum Setbacks Lots Lots All Lots Zoning Min. Lot Max. Front Rear Side Side Area Min. Lot Interior Street Fq.!�.� j District Height' Yard Yard Yard YardZ (Sq. Ft.) Frontage' __[ RS -1 45 40 40 20 30 40,000 40,000 100 [7S-452 35 35 15 25 20,000 20,000 75 R- 41 15 8,000 9,500 50 25 20 1�o- �— 35 20 15 F6-- 1 5 6,000 7,500 45 R-3 45 20 15 F6-15 5,000 6,500 40 BILL No. 45, ORDINANCE No. 3237 - PAGE - 2 Notes: A. Footnotes To Table: The following footnotes correspond with the minimum/maximum bulk requirements listed in this table: 7. Residential lots that are part of a Final Plat may reduce the required minimum lot area by 0 to 10% if the required densities (dwelling units per gross acre) are met for the underlying zone. Section 3. That Chapter 10, Article 2, Section 10-02-05 of the Caldwell City Code, governing various aspects of parking requirements, be amended, as follows: 10-02-05: PARKING, LOADING, AND PEDESTRIAN AMENITY STANDARDS: (3) Off Street Parking: Off street parking facilities for vehicles shall be provided in accordance with the following: (E) Lee-ation! (Rep. by Or -d.2911, n n 2 2EV (Electric Vehicle) Parking Spaces: All new commercial construction or commercial additions shall provide designated parking spaces with provided Level 2 electrical hook-ups for electric vehicles. The spaces shall be designated for EV's only. The number of required EV parking spaces shall be determined as follows: - (1) New construction or additions that requires less than 25 parking spaces shall be exempt from this requirement. (2) New construction or additions that requires 25-100 parking spaces shall provide a minimum of one (1) EV parkin space. space. (3) New construction or additions that requires more than 100 parking spaces shall provide a minimum of two (2) EV parking spaces. Section 4. That Chapter 10, Article 2, Section 10-02-06 of the Caldwell City Code, governing sign schedule and billboards be amended, as follows: BILL No. 45, ORDINANCE No. 3237 - PAGE - 3 10-02-06: SIGN SCHEDULE: (2) General Provisions: S. Billboards: All billboard/off-premises signs located along I-84 freeway, highways, and principal arterials shall have a minimum separation distance of one thousand three hundred twenty feet'(1,320'). This measurement shall include signs along both sides of the fteeway roadway and not only the signage along the side of the fieeway roadway where the sign is proposed to be installed. (5) Schedule: C. C-2, C-3, C-4, M-1, M-2, and I -P districts: 1. Permitted signs: Animated reader board, awning signs, changeable copy signs, directory signs, freestanding (post) signs, hanging and suspended signs, monument signs, pole signs, projecting signs, rotating signs, subdivision entry signs, wall signs, and window signs subject to the provisions listed below: (D) A billboard or off premises sign may be permitted only in these districts upon the successful completion of a special use permit. shall' e ..o..mitte per par -eel aaa ab illboards shall be set back at least thirty feet (30') from all property lines. Sign permits are required prior to installation. Exceptions: faThe city of Caldwell may provide permanent off premises signage for the following purposes: highlighting landmarks and entry points to downtown or specific districts; highlighting the history of Caldwell; providing maps and geographical information; on central locations, listing businesses within, the city of Caldwell for BILL No. 45, ORDINANCE No. 3237 - PAGE - 4 advertising purposes; and providing a designated place for posting fliers, posters for upcoming events, and public notices. Such signage shall be placed on city property, shall have to receive approval from city council prior to placement, and shall be owned, operated, and maintained by and through the city of Caldwell. (2) Billboards located along I-84 freeway, and federal or state highways that meet the required separation distances,as listed in Section 10-02-06(2)S of this chapter shall be outright permitted. Section S. That Chapter 10, Article 2, Section 10-02-09 of the Caldwell City Code, governing allowable areas for 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: F. Not more than one-fourth (1/4) of the gross area of the dwelling shall.be used, as a whole, for all home occupations contained within the dwelling, with the following stipulations: 1. Garages, whether detached or attached, shall not be included in the calculation of the gross area of the main floor, they shall not count as the one-fourth (1/4) area that may be used for the home occupation, and they sha4l not boused fer- the home eeeupatien regardless Section 6. That Chapter 10, Article 2, Section 10-02-13 of the Caldwell City Code, governing temporary use and transient merchant facilities be amended, as follows: BILL No. 45, ORDINANCE No. 3237 - PAGE - 5 10-02-13: TEMPORARY, USE MERCHANTS, TRANSIENT MERCHANTS, BUSINESS PERMITS AND SPECIAL EVENTS: (5) Exemptions: The provisions of this section shall not apply to: C. The sale of farm or garden products under "farm stand., personal" as defined in section 10-03-11 of this chapter. Section 7. 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. FARMSTAND, COMMERCIAL: A structure for the display and sale of farm products pfim,rilgr-ewn the prepefty upon w-hieh the stand is le or the seasonal- selling or offering for sale at retail of vegetables or produce, flowers, orchard products, and similar nonanimal agricultural products, occurring in a predesignated area either outside or inside a building and does not interfere with vision triangle areas or decrease the required number of parking spaces for the primary use, where the Vender -(s) ; an individua4whe has raised the vegetables pr-eduee or- has taken the seat for- retai . All activities, whether the display or selling of all farm products listed, must be conducted outside of any right-of-way and shall comply with all the requirements of a Temporary Use as described in Caldwell City Code 10-02-13. FARMSTAND, PERSONAL: The display and sale of farm products grown on the property upon which the stand is located where the seller is an individual who has •BILL No. 45, ORDINANCE No. 3237 - PAGE - 6 raised the vegetables or produce. All activities, whether the display or selling of all farm products listed, must be conducted outside of anv rit-,of-wa. GREENHOUSE, COMMERCIAL: A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out of season plants for subsequent sale or for- persona enjepRent GREENHOUSE, PERSONAL: A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out of season plants for personal enjoyment and/or personal use. RV PARK/CAMPGROUND: Any lot or parcel of land upon which two (2) or more sites are located, established, or maintained for occupancy by recreational vehicles for a fee as temporary living quarters . for recreation or vacation purposes. YARD, FRONT: A space extending the full width of the lot between wry the main building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. For residential lots, the Front Yard area shall also include anv additional vard areas between the furthest point of the residences front door and measured perpendicular from that point to the front lot line. Section 8. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 9. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. Section 10. 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 7' day of October, 2019. BILL No. 45, ORDINANCE No. 3237 - PAGE - 7 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 71h day of October, 2019. Garret Nancolas, Mayor CITY p ,'•., ••.• INC°�A•C'9` �' �': ✓ 50�= :'Z• oar n ftft Ty, ;DA�p••�••. BILL No. 45, ORDINANCE No. 3237 - PAGE - 8 ATTEST: �Debb�ieGey�er,ty Cl ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3237 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 7: Includes amendments to the Caldwell Zoning Ordinance, located in Chapter 10 of the Caldwell City Code, at Articles 2 and 3, 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: the land use schedule; height, lot line, setback, and lot dimension schedule; parking requirements and standards, requirements for signage regarding billboards/off-premise signs; clarifying the use of home occupations within accessory structures/garages; updating temporary use regarding farm stands; adding definitions and amending current definitions. Sections 8 through 10: 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. 3237 provides an effective date, which shall be when published in the Idaho Press Tribune on the 15t' day of October, 2019. Ordinance No. 3237 was passed by the Council and approved by the Mayor on the 7`s day of October, 2019. 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 7r' day of October, 2019 for publication on the 15' day of October, 2019, 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. 3237, and provides adequate notice to the public as�O the cont o such ordinance. I\ DATED s 7t' day Octoer, 2019 Mark Hilty. Attorn6 for Citi of Caldwell