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HomeMy WebLinkAboutORD 2982BILL NO. 29 ORDINANCE NO. 2982 AN ORDINANCE AMENDING CHAPTER 10 OF THE CALDWELL CITY CODE, WHICH IS THE ZONING ORDINANCE 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, after hearings before the Planning & Zoning Commission on December 9, 2014 and the City Council on January 20, 2015, and February 2"', 2015: Section 1. That Chapter 10 of the Caldwell City Code shall be amended as follows: Section 10-02-02 LAND USE SCHEDULE: TABLE 1 LAND USE SCHEDULE P=Permifted use Minimum Setbacks Interior Corner All Lots Lots Lots Zoning Max. S=Special use Min. Lot Min. Lot District Height Front Rear Yard Interior Street Area (Sq. Area (Sq. Min. Lot Commercial - Side Yard Side Yard Ft.) Ft. Frontage R-1 25 20 20 5 to 7 151141 8,000 9,500 50 Medical only Durable medical equipment r����©©©0�0���00 dental 000�0���00 office Medical equipment salestrental rehabilitation Health fitness city Section 10-02-03: HEIGHT, LOT LINE SETBACK AND LOT DIMENSION SCHEDULE TABLE 2 HEIGHT. SETBACK AND AREA SCHEDULE Minimum/Maximum Bulk Requirements (In Feet) Section 10-02-03(7). The minimum setback yard provisions may be reduced with speGial wre PeFFAit appFeval a director's administrative determination, a variance approval, or a planned unit development approval, whichever may be most applicable. (Ord. 2865, 6-20-2011) Ord. No. 2982 (2014 Zoning Ordinance Modifications) SCANNED Page 1 of 4 Minimum Setbacks Interior Corner All Lots Lots Lots Zoning Max. Min. Lot Min. Lot District Height Front Rear Yard Interior Street Area (Sq. Area (Sq. Min. Lot Yard Side Yard Side Yard Ft.) Ft. Frontage R-1 25 20 20 5 to 7 151141 8,000 9,500 50 Section 10-02-03(7). The minimum setback yard provisions may be reduced with speGial wre PeFFAit appFeval a director's administrative determination, a variance approval, or a planned unit development approval, whichever may be most applicable. (Ord. 2865, 6-20-2011) Ord. No. 2982 (2014 Zoning Ordinance Modifications) SCANNED Page 1 of 4 Section 10-02-03(11). Any appliGation that was filed with the planning and zoning direGtGF PF'OF tG the adGlagen All applications shall comply with the ffrevieus current height, setback, and area schedule in effect at the time the application was filed, excluding alternative setback, height, and/or area schedule requirements as approved through a planned-unit development. (Ord. 2723, 2-19-2008) Section 10-02-03061. All legally created residential lots located within the R-1 zoning district that are less than 7,000 square feet shall comply with the R-2 zoning district setback requirements. For corner lots, this shall apply to all residential lots that are less than 8,500 square feet. Section 10-02-03(17). Setbacks are the distance between a building's outermost edge of the outermost foundation wall and any lot line. Section 10-02-09: HOME OCCUPATIONS Section 10-02-09(4)N. AR inspertiO. ,.ee&Gtea by the plaRRORg aea Z g aepaFtF.eet stieu be .e .ea The applicant shall be subject to a scheduled inspection by the Planning & Zoning Department to verify compliance with requirements in this chapter, and the applicant shall pass said inspection, prior to issuance of a home occupation permit. All applicable codes must be met to obtain a home occupation permit. (Ord. 2846, 11-1- 2010). Section 10-02-15 LAND USE REGULATIONS FOR ANIMALS: Section 10-02-15(6)C. Regardless of lot or parcel size, the following animals shall be allowed as pets with the maximum number indicated, provided no individual household shall have any more than three (3) different types of pets: (Ord. 2865, 6-20-2011) Cats 4-05 Chickens (no roosters) 10 Dogs (see chapter 8, article 3 of this code for further rules on dogs) 3 Ducks 2 Geese 2 Goats 1 Miniature horses 1 geaeeeks 4 Pigeons, doves or similar 10 Potbellied pigs 1 Rabbits or similar 5 Reptiles (nonprohibited only) No limit Rodents (nonprohibited only) No limit Sheep 1 (Ord. 2865, 6-20-2011; Ord. 2896, 4-2-2012) For instance, one household could have tea five (40 5) cats, ten (10) chickens and one goat as pets. To exceed these numbers and/or have any more different types, a lot or parcel must be a minimum one-half (1/2) acre in size and/or the individual must obtain special use permit approval. Section 10-03-11: DEFINITIONS BAIL BOND USE: Any use or business, whether primary or ancillary, that provides bail and/or bail bonds as defined pursuant to chapter 29, title 19, Idaho Code. Ord. No. 2982 (2014 Zoning Ordinance Modifications) Page 2 of 4 Section 10-03-12: NEIGHBORHOOD MEETINGS Section 10-03-12(1). Applicants shall conduct a neighborhood meeting pFieF to the fiFSt publir. hearing for any of the following: special use permit applications; variance applications; annexation applications; planned unit development applications; preliminary plat applications; and rezone applications. RGURdtables shall be held prie (Ord. 2865, 6-20-2011) Section 10-03-12(6). The neighborhood meeting shall be conducted prior to the application being accepted by the Planning and Zoning Department. IR RG iRstaRGes shall the applig;;WR 14A (Ord. 2865, 6-20-2011) meeting, PFGVidiR9 a Mundtable meeting Was MqUiFed. (GFd. 2805, 11 2 2009) 9 A. The subject application(s) shall be submitted within eae two months following the neighborhood meeting. (Ord. 2739, 6-16-2008) G B. Notices of the neighborhood meeting shall be placed in the mail at least ten (10) days prior to the date of the neighborhood meeting. (Ord. 2805, 11-2-2009) Section 10-03-12(7). The neighborhood meeting form shall be obtained from the planning and zoning department and shall be completed and submitted to the planning and zoning department either along with the application submittal . (Ord. 2865, 6-20-2011) Section 10-07-08: STREET LANDSCAPE BUFFERS Section 10-07-08(1)E. The required street landscape buffer width may include the sidewalk width, if the following requirements are satisfied: 1. The sidewalks shall be detached. 2. The sidewalks shall be FneandeFiRq. 32. The sidewalks shall be on a flat surface that is ADA accessible and is not sloped, meandering, bermed or hilly such that ADA accessibility is hindered. 43. An easement shall be provided allowing for general public use of the sidewalks and access for the city for any maintenance the city may opt to perform. (Ord. 2661, 1-7-2008) 4. Existing transit stops shall not be separated from the normal walkway. Section 10-12-03 LAND USE SCHEDULE: Section 10-12-03, Table 10-12-1 Allowed Uses Use Bail Bond Use S Office- Business, Professional S Section 10-13-03 LAND USE SCHEDULE: Section 10-13-03, Table 10-13-1 Land Use Schedule for Mixed Use Districts Commercial — service: T -N H -C Bail Bond Use I S -- 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. Ord. No. 2982 (2014 Zoning Ordinance Modifications) Page 3 of 4 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this ?,OcV day of 2015 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this % nd) day of 2015 ATTEST: Garret Nancolas, Mayor Debbie Geyer, City Cler Ord. No. 2982 (2014 Zoning Ordinance Modifications) Page 4 of 4 Cti Y p� '•., ••r••- ••••• CO*A f5 - 'f : v✓ m� R7 bl"' .:d J 1 IDI+ Ord. No. 2982 (2014 Zoning Ordinance Modifications) Page 4 of 4 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2982 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, WHICH IS THE ZONING 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: - Updates the Land Use Schedule with additions of Bail Bond Use, and changes to Used Passenger Vehicle Sales, and medical offices and similar medical uses. - Revises the setback requirements in the R-1 zone for existing lots. - Reduces the number of allowable pets in regards to cats fioml0 to 5 and the number of allowed peacocks from 1 to 0. - Provides new definition for bail bond use. - Requires neighborhood meetings to take place prior to accepting a land -use application. - Updates the Land Use Schedule within the City Center Zone to allow for Bail Bond Use and Office -Business, Professional with approval of a Special -Use Permit. - Updates the Land Use Schedule within the Mixed Use Districts to prohibit Bail Bond Use within the H -C (Highway Corridor) and to allow for Bail Bond Use within the T -N (Traditional Neighborhood) with approval of a Special -Use Permit. Section 2: Repeals conflicting ordinances, resolutions and orders. Section 3: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 4: Provides for severability. Ordinance No. 2982 provides an effective date, which shall be when published in the Idaho Press Tribune on the 13* day of February 2015. Ordinance No. 2982 was passed by the Council and approved by the Mayor on the 2"d day of February 2015. 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 2nd day of February 2015for publication on the 13"' day of February 2015, 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 awe and complete summary of Ordinanc No. 2982 and provides adequate notice to the pub" to the contents of such ordinance. DATED this 9" day of Fi Mark Hilty, Attorney for