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(1) Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for any of the following applications: special use permits, variances, annexations, planned unit developments, preliminary plats, appeals, comprehensive plan map amendments, and rezones.
A. It shall be the sole duty of the applicant to provide written notice of a neighborhood meeting to all property owners or purchasers of record owning property within five hundred feet (500') of the exterior boundary of the subject property; except that in the case of variance applications only, written notice of a neighborhood meeting only needs to be provided to property owners immediately adjacent to the subject property.
B. Notice of a neighborhood meeting shall be in addition to, and not combined with notices already required by this chapter, and shall include the date, time, location and purpose of the meeting.
C. The purpose of the neighborhood meeting shall be to review the proposed project and discuss neighborhood concerns, if any. The applicant/developer shall provide and discuss the development plan, proposed land uses, densities, and features of the proposed development. The applicant shall also communicate the timing and logistics (phasing) of the project.
D. The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.
E. The meeting shall be held at one of the following locations:
1. On the subject property;
2. At a nearby available public meeting place including, but not limited to, a fire station, library, school, or community center; or
3. An office space with suitable meeting facilities if such facilities are within a one-mile radius of the nearest public meeting place.
F. The neighborhood meeting shall be conducted prior to the application being accepted by the Planning and Zoning Department.
1. The subject application(s) shall be submitted within four (4) months following the neighborhood meeting.
2. Notices of the neighborhood meeting shall be placed in the mail at least fifteen (15) days prior to the date of the neighborhood meeting.
G. The neighborhood meeting form(s) shall be obtained from the planning and zoning department and shall be completed and submitted to the planning and zoning department along with the application submittal.
(2) Mailing And Publishing Of Public Hearing Notices: In accordance with Idaho Code and this chapter, the following public notices shall be required based on the type of land use application below.
A. Required notices for comprehensive plan, zoning ordinance, and subdivision ordinance text enactments, amendments, and repeals.
1. Published Notice: At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.
2. Public Agency Notifications: Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing.
B. Required notices for annexations, comprehensive plan land use map amendments, zoning ordinance map amendments, development agreements, special use permits, variances, planned unit developments, and subdivision plats.
1. Published Notice: At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.
2. Public Agency Notifications: Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing.
3. Radius Notices: Notice shall be provided by mail to property owners or purchasers of record within the land being considered; five hundred feet (500') beyond the external boundaries of the land being considered; and any additional area that may be impacted by the proposed application as determined by the planning and zoning director. For variance applications, only adjacent (including across streets and alleys) residents and property owners need be notified.
4. Mass Notification Procedure: When notice is required to be given to two hundred (200) or more property owners or purchasers of record, an alternative form of procedure of official notice of the public hearing for both the commission and council shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation in the area two (2) consecutive times. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
(3) Physical Site Posting Of Public Hearing Notices:
A. Not less than fifteen (15) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements:
1. Properties Or Land Less Than Two (2) Acres In Size: The applicant shall post a sign consisting of one (1) eighteen inch by twenty four inch (18" x 24") bright colored, laminated paper, or other similar material mounted to a rigid surface of equal size and attached to metal or wood support posts. Notices shall specify the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing.
2. Properties Or Land Two Acres Or More In Size: The applicant shall post a four foot by four foot (4' x 4') sign consisting of plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4") posts.
Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "Caldwell Public Hearing Notice" and the date of the hearing. In addition, each sign shall include the name of the applicant, the proposed development, the date, time, place of the public hearing , the nature of the hearing , and a summa ry of the propos al to be conside red. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below:
3. The Director may require larger sized posting(s) or multiple notice(s) for applications that, in the reasonable discretion of the Director, could result in significant adverse traffic, environmental, aesthetic, noise, pollution, or population density impacts. Additionally, the Director may require larger sized posting(s) or multiple notice(s) if, in the reasonable discretion of the Director, the specific circumstances of the site and the proposed development create a risk that the notice as provided will be insufficient to alert the general public and adjacent owners to the proposed development.
4. Sign Placement And Quantity:
(A) The notice(s) shall be posted perpendicularly along each roadway, excluding Interstate 84, adjacent to the subject property boundaries. The base of the notice shall be at least three feet (3') above the ground.
(B) If the property has roadway frontage of one thousand feet (1,000') or more, a notice shall be placed at each end of the property roadway frontage.
(C) Notice(s) shall be located on the property, with the notice oriented to oncoming traffic, outside of the public right-of-way.
(D) If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if consent of the owner of the right-of-way can be obtained.
(E) In circumstances where placing signs per the standards listed herein is not practical, the director may identify an alternative sign placement strategy.
5. Proof Of Posting: A notarized statement, map depicting the location(s) of the sign(s) and a photograph of the posting shall be provided to the city no later than ten (10) days prior to the public hearing attesting to where and when the sign(s) were posted. Failure to provide proof of posting by such date may result in the hearing being continued or delayed until the proof of posting has been satisfied.
6. Sign Removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended.
(4) Public Hearings: On every land use action for which notice is provided below, both the Planning and Zoning Commission and the City Council shall hold a public hearing in which interested persons shall have an opportunity to be heard.
Following the commission hearing, if the commission recommends a material change to the proposed amendment/action which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the council will not conduct a subsequent public hearing concerning the proposed amendment. If the council will conduct a subsequent public hearing, notice of the commission's recommendation shall be included in the notice of public hearing provided by the council.
A. Types Of Public Hearings:
1. Legislative: Legislative hearings include hearings on amendments to, or enactments of any ordinance. They also include revisions or amendments to the City of Caldwell Comprehensive Plan, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced in prior procedural steps.
2. Quasi-Judicial: Quasi-judicial hearings are hearings in which the review bodies are making decisions on the application of policy to a specific development application.
B. Decisions: The decision body shall approve, approve with conditions, approve with modifications, or deny an application based upon the applicable standards and criteria in this Code and the City of Caldwell Comprehensive Plan. Whenever a governing board or zoning or planning and zoning commission grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
C. Decision Criteria: A decision body authorized to act under this Code shall base a decision on the following criteria and any specific criteria indicated elsewhere in this chapter for the specific type of application.
1. The approval is consistent with the goals, policies, and intent of the adopted Comprehensive Plan; and
D. Conditions: A decision body authorized to act under this Code may impose conditions as needed to ensure that the approval is consistent with the adopted Comprehensive Plan and this Code.
E. Hearing Records: A record of the hearings, findings made, and actions taken by the commission and/or city council shall be maintained by the city.
F. Notice Of Decisions: The approval or denial of any application required or authorized pursuant to Title 67, Chapter 65, Idaho Code, shall be in writing and accompanied by a reasoned statement. A reasoned statement explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record. Every final decision rendered shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been exhausted under local ordinance seek judicial review under the procedures provided by Title 67, Chapter 52, Idaho Code.
G. Request For Reconsideration By Affected Persons: On any application brought before the city council affecting the use, occupancy or development of real property, including, but not limited to, those matters governed by the Idaho Local Land Use Planning Act, found at Idaho Code section 67-6501 et seq., or the Caldwell Zoning Ordinance, found in this title, a party may request that the city council reconsider a decision pursuant to the terms of this section. Decisions and recommendations of the planning and zoning commission are not subject to reconsideration but may be appealed to the city council as provided in this title.
Except that, decisions on annexations, being legislative decisions, do not qualify for reconsideration, and requests for reconsideration on annexations will not be heard by the City Council. This exception does not apply to category B or category C annexations subject to judicial review in accordance with Chapter 2, Title 50, Idaho Code.
1. As required by Idaho Code section 67-6535(2)(b), any applicant or affected person who wishes to seek judicial review of compliance with the provisions of Idaho Code section 67-6535, must first seek reconsideration of the final decision within fourteen (14) days.
2. Such written request must be delivered to the city clerk within that time frame and must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards.
3. The city council shall review the petition for reconsideration at a regular meeting and decide whether to reconsider the matter.
4. The city council may consider its decision only if it finds any of the following:
(A) There was a clerical error in the decision;
(B) The decision resulted from fraud or mistake;
(C) There is new evidence for the record or a change in circumstances;
(D) There was a procedural error;
(E) The council previously rejected the application by a tie vote; or
(F) The decision was made in violation of substantive law.
5. If the city council chooses to reconsider the final decision, the city council shall provide the applicant or affected person a written decision on such action. If the city council grants reconsideration in whole or in part, a hearing before the city council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in this section. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law. The cost of all required notices shall be borne by the party(ies) seeking reconsideration of the decision and paid in advance.
6. Following the hearing on the reconsideration, the city council may affirm, reverse, or modify, in whole or in part, its' prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the city council fails to timely decide, the request for reconsideration is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first.
7. Once the council has reconsidered any of its decisions relating to a given application, as set forth hereinabove, it may not entertain any additional or subsequent request for reconsideration, whether by the same or any other interested party.
8. A failure to request reconsideration is a failure of the applicant or affected party to exhaust administrative remedies.
H. Appeals:
1. Any applicant or party aggrieved by a decision of the planning and zoning commission, hearing examiner, or other hearing body, with respect to the provisions of this article may appeal that decision to the city council by filing a notice of appeal with the city clerk within fifteen (15) days following the date upon which the decision was made.
2. Content Of Appeal: All appeals shall be in writing and shall contain the following:
(A) The appellant's name, address, and telephone number;
(B) The appellant's statement describing his or her standing to appeal;
(C) Identification of the application and/or decision which is the subject of the appeal;
(D) The appellant's statement of grounds for the appeal addressing why the appellant believes the decision to be unlawful or inappropriate to the factual circumstances.
3. Setting Of Appeal Hearing: Upon the timely filing of appeal, the city shall set the date, time and place for the appeal to be heard by the city council.
4. Burden Of Proof: The appellant shall bear the burden of proving the decision was unlawful or inappropriate to the factual circumstances.
5. The council shall give legal public notice to the parties in interest, and decide the same within a reasonable time following the hearing. At the hearing, any affected party may appear in person, by agent or attorney. (Ord. 2982, 2-2-2015; amd. Ord. 3522, 9-5-2023)
(1) Scope: This section provides for an administrative remedy for any violation of this chapter, chapters 11, 12 and/or 13 of this code, including continuing violations related to any provisions of this chapter, chapters 11, 12, and/or 13 of this code. This remedy may be exercised in place of, or in addition to, any other administrative, criminal, civil, or equitable remedy allowed by law. (Ord. 2789, 10-5-2009)
(2) Procedure For Service:
A. Unless otherwise provided, service of the first violation warning that is required by this section may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by mailing a copy to the responsible person or his/her agent at his/her last known address, by regular mail. Service by mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
B. Unless otherwise provided, service of any other document or notice required by this section, other than the first violation warning, may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by certified mail. Service by certified mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery, together with the acknowledgment of receipt, signed by the responsible person or his/her agent, if one is obtained. Failure to receive any notice does not affect the validity of the proceedings conducted under this section. (Ord. 2958, 3-3-2014)
(3) Definitions:
ADMINISTRATIVE CITATION: A written notice and applicable fine to a responsible person issued by the citing official that a continued violation of this chapter, chapters 11, 12 and/or 13 of this code has occurred without being remedied.
CITING OFFICIAL: Any planning and zoning department staff member.
LEGAL INTEREST: Any ownership interest of any "responsible person" as herein defined in real or personal property as evidenced by title or ownership documents or instruments recorded with the Canyon County recorder's office or on file with, or in possession of, any other governmental entity. "Legal interest" shall also include the property interest of lessees or tenants of real property, as well as all sublessees thereof.
RESPONSIBLE PERSON: Any person whom the citing official determines is responsible for causing, maintaining, permitting, or allowing a violation of this chapter, chapters 11, 12, and/or 13 of this code. The term "responsible person" includes, but is not limited to: any person who has an ownership or possessory interest in real or personal property; any agent thereof with actual or apparent authority, possession or control of real or personal property; or any other person who creates, maintains, permits or allows a violation of this code.
VIOLATION WARNING: A written notice to a responsible person issued by the citing official that there exists a violation of this chapter, chapters 11, 12 and/or 13 of this code with instructions on how to remedy said violation.
(4) Responsibility Of Cited Party: Upon service of a violation warning, the responsible person shall comply with said warning to remedy the violation within the time specified. Upon service of an administrative citation, the responsible person shall pay the assessed fines and remedy the violation. (Ord. 2789, 10-5-2009)
(5) Content Of Violation Warning: A violation warning shall contain all of the following information:
A. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (5)E1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section. (Ord. 2958, 3-3-2014)
B. The city code section violated and a description of the violation.
C. The action required to correct the violation and the date by which such action must be completed. (Ord. 2789, 10-5-2009)
D. The consequences of failing to correct the violation, except for the first violation warning which shall not contain the consequences. (Ord. 2805, 11-2-2009)
E. The name and signature of the citing official.
1. A first violation warning shall be issued for all code violations and shall ordinarily provide ten (10) days to correct the violation. At the discretion of the citing official and based on immediate dangers to health or safety, a shorter time for correction may be set forth in the first violation warning. (Ord. 2958, 3-3-2014)
2. A second violation warning, identified as "second notice", shall be issued for all code violations in the event the first violation warning goes unheeded and the code violations remain at the end of the time frame given in the first violation warning to correct said code violations. The second violation warning shall give a minimum of ten (10) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety.
3. A final violation warning, identified as "final notice", shall be issued for all code violations in the event the first violation warning and the second violation warnings go unheeded and the code violations remain at the end of time frame given in the second violation warning to correct said code violations. The final violation warning shall give a minimum of five (5) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety. The final violation warning shall list the amount of the fine that will be imposed if there is no compliance with said final violation warning.
(6) Violation Warning Satisfied: If the citing official determines that all violations specified in the violation warning have been corrected within the time set forth in the violation warning, no further action under this section shall be taken against the responsible person regarding the violations.
(7) Failure To Comply With Violation Warning: If the responsible person fails to fully comply with the final violation warning within the time specified, the citing official may issue an administrative citation as provided in this section. The issuance of the administrative citation does not alleviate or negate the responsible person's obligation to fully comply with the violation warning. (Ord. 2789, 10-5-2009)
(8) Content Of Administrative Citation: An administrative citation shall contain all of the following information:
A. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (5)E1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section. (Ord. 2958, 3-3-2014)
B. The code section violated and a description of the violation.
C. An outline of the violation warnings issued and the time frames given within said violation warnings.
D. The amount of the fine imposed for the violation as well as the time frame within which said fine shall be paid and place of payment for said fine.
E. An order prohibiting another occurrence of the code violation.
F. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain an administrative hearing request form to contest the administrative citation.
G. The name and signature of the citing official.
(9) Administrative Fines:
A. For any violation of this chapter the administrative fine shall be twenty-five dollars ($25.00) per day for each day's continued violation for a first violation with a maximum fine amount of three hundred dollars ($300.00); fifty dollars ($50.00) per day for each day's continued violation for a second violation with a maximum fine amount of four hundred dollars ($400.00); and one hundred dollars ($100.00) per day for each day's continued violation for a third violation for a maximum fine amount of six hundred dollars ($600.00) as well as for additional violations occurring within a twelve (12) month period. The fines imposed thereafter may be set forth in a resolution adopted by the city council.
B. Because a new and separate offense occurs under section 10-01-09 of this chapter each day during which a violation of any provision or requirement of this code is committed, continued, or permitted, the citing official shall assess fines according to the schedule set forth in subsection (9)A of this section for each day from the date for which compliance was directed in the first violation warning until the date the violation is fully corrected as determined by the citing official or until the maximum fine amount is reached, whichever comes first.
C. Administrative fines assessed for failing to fully comply with violation warning or administrative citation is a debt owed to the city.
(10) Payment Of Administrative Fine: The administrative fine shall be paid to the planning and zoning department within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to subsection (11) of this section, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded.
(11) Request For Administrative Hearing:
A. Any responsible person to whom an administrative citation is issued may contest the citation by: 1) completing an administrative hearing request form and returning it to the planning and zoning department; 2) providing a complete and current mailing address for service of papers, including notices on the responsible party, by mail; and 3) depositing the administrative fine with the planning and zoning department.
B. The planning and zoning department must receive a completed administrative hearing request form and the administrative fine within thirty (30) days from the date of service of the administrative citation. If both items are not received within the required time frame, the responsible person waives the right to a hearing.
C. The citing official shall serve notice on the person requesting the hearing of the time and place of the hearing at least seven (7) days before the date of the hearing. The citing official shall serve any documentation, other than the administrative citation, that the citing official has submitted or will submit to the hearing officer on the person requesting the hearing at least five (5) days before the date of the hearing. Service shall be in accordance with subsection (2) of this section.
(12) Time For Administrative Hearing: Only after an administrative hearing request form is received by the planning and zoning department within the required period and the responsible person requesting the hearing has deposited the administrative fine in full, shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days, but no more than sixty (60) days, after the date of filing the administrative hearing request form.
(13) Request For Continuance Of Hearing: The responsible person requesting a hearing may request one continuance, which shall be granted if deemed reasonable by the city. The city may also continue the hearing at its own discretion.
(14) Appointment Of Administrative Hearing Officer: The planning and zoning director or his/her authorized designee shall select an administrative hearing officer. The city council shall approve said selection and appoint the administrative hearing officer. Administrative hearing officers shall be selected in a manner that avoids the potential for financial, economic or other bias. In no event shall the administrative hearing officer be the citing official. The compensation, if any, of the administrative hearing officer shall be paid by the city. Compensation shall not be directly or indirectly conditioned upon whether or not administrative citations are upheld by the administrative hearing officer.
(15) Procedures At Administrative Hearing: Administrative hearings are not public hearings and are informal. Formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this chapter, chapters 11, 12 and/or 13 of this code. The administrative citation and any additional reports submitted by the citing official shall constitute evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues.
(16) Failure To Attend Administrative Hearing: If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person shall be deemed to have waived the right to an administrative hearing.
(17) Decision Of Administrative Hearing Officer:
A. Issuance Of Decision: No later than fifteen (15) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal, said appeal process outlined in subsection 10-03-04(9) of this article.
B. Administrative Citation: The administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited because advance deposit has been waived by the city on the grounds of hardship or otherwise, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
C. Administrative Order: With regard to the administrative hearing officer's decision, it shall be entitled "administrative order". The administrative hearing officer shall make findings within the administrative order regarding the existence of the violation(s) specified in the violation warnings and administrative citation, and regarding whether the responsible person took the required corrective action within the time period set forth in the violation warnings. If the administrative hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the administrative hearing officer determines that the violation(s) set forth in the violation warning did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
D. Administrative Costs: The administrative hearing officer may assess against the responsible person administrative costs for any violation found to exist, or for any violation that was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with administrative hearings pertaining to the violation, including, but not limited to, investigation costs, staffing costs for preparing and conducting the administrative hearing, and costs for all inspections necessary to enforce the violation warning, administrative citation and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city.
(18) Administrative Hearing Application Fee: The city council shall by resolution establish an application fee to be paid by the person seeking an administrative appeal hearing.
(19) Late Payment Charges: Any person who fails to pay to the city on or before the due date any administrative fine imposed pursuant to the provisions of this section shall be liable for the payment of late payment charges in the amount of fifty percent (50%) of the administrative fine payable to the city over and above the original fine. (Ord. 2789, 10-5-2009)
(20) Failure To Comply With Administrative Order: Failure to comply with an administrative order after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. (Ord. 2889, 12-5-2011)
ARTICLE 4
INDIVIDUAL MOBILE/MANUFACTURED HOME UNITS
INDIVIDUAL MOBILE/MANUFACTURED HOME UNITS
(Rep. by Ord. 2230, 5-4-1998)
ARTICLE 5
MANUFACTURED HOME DEVELOPMENTS; DESIGN AND CONSTRUCTION STANDARDS
MANUFACTURED HOME DEVELOPMENTS; DESIGN AND CONSTRUCTION STANDARDS
SECTION:
10-05-01: Purpose And Intent
10-05-03: Permitted By Special Use Permit
10-05-05: Permitted Uses
10-05-07: Required Improvements
10-05-09: General Requirements
10-05-11: Preapplication Conference
10-05-13: Application Requirements
10-05-15: Placement Standards
10-05-17: Deed(s) Required
10-05-19: Significance Of Approval
10-05-21: As-Built Approvals
10-05-23: Planned Unit Development
The standards set forth in this Article are intended to provide the opportunity for affordable, single-family manufactured homes to be located within safe, well-planned rental or land-lease environments. A housing development that remains under the ownership of one individual, corporation, or business, should be designed and maintained in such a manner that ensures that adequate open space for each home and family is provided, that appropriate infrastructure improvements are installed and adequately maintained, and that the development is compatible with the character of surrounding residential neighborhoods. (Ord. 2290, 7-19-1999)
"Manufactured home development" is defined as a site, lot or tract of land under common ownership upon which three (3) or more manufactured homes may be sited. Manufactured home developments may be permitted in residential zoning districts as a special use, if the provisions of special use permit procedures, Section 10-03-04 of this Chapter, are met and a special use permit has been approved. (Ord. 2290, 7-19-1999)
A "manufactured home", as defined in Section 10-03-11 of this Chapter, a storage shed, accessory building, and any other use as proposed and approved in the development's rules and regulations, shall be permitted on each manufactured home space. Other uses proposed by the applicant shall be included in the design and layout of the development. Other uses may include, but are not limited to, recreational areas, recreational vehicle storage areas, and community buildings. No other uses shall be permitted, other than those initially approved by the Planning and Zoning Commission, unless an amendment to the special use permit has received approval following the public hearing process. (Ord. 2290, 7-19-1999)
Manufactured home developments, unless otherwise approved as a planned unit development, shall be served by public street and utility systems that have been designed and constructed to the requirements set forth in articles 3 and 4 of Caldwell Subdivision Ordinance 1758 1 . (Ord. 2290, 7-19-1999)
Notes
| 1 | 1. See Chapter 11, Articles 3 and 4 of this Code. |
The following are considered to be minimum requirements and shall be required, unless otherwise approved as a planned unit development:
(1) Development Area: Any lot, parcel or tract of land on which three (3) or more manufactured homes can be located.
(2) Space Size And Recreation Area(s): The manufactured home spaces are to be designed to one of the two (2) following options:
A. Six thousand (6,000) square foot space for multi-sectional homes and five thousand (5,000) square foot space for single- sectional homes. No recreational area required.
B. Four thousand (4,000) square foot minimum space with an average of five thousand (5,000) square foot space overall. Recreational area required: ten percent (10%) of the gross area of the development site. Such area(s) may include space for community buildings, gardens, outdoor play areas, ball courts, walking/biking paths, etc.
(3) Street Frontage For Each Space: No minimum required.
(4) Setbacks For Home:
Street frontage/front yard: Twenty feet (20') (corner lots shall be considered to have 2 front yards).
Rear yard: Ten feet (10').
Side yards: Ten feet (10') both sides; or, zero lot line for one side when the entire block has been designed for zero lot lines.
(5) Accessory Building Setbacks: Five feet (5') from rear lot line and parallel with the setback of the home, either side. (Ord. 2290, 7-19-1999)
(6) Sidewalks: Five feet (5') wide along both sides of the streets, constructed of portland concrete cement or other equivalent material as approved by the city engineer. (Ord. 3010, 11-16-2015)
(7) Off Street Parking: An area to accommodate two (2) parking spaces, constructed of asphalt or portland concrete cement or other equivalent material approved by the city engineer.
(8) Street Lighting: Installed in the right of way and in compliance with the city's current street lighting policy for standard subdivisions and as approved by the city engineer.
(9) Fencing On Individual Spaces: If permitted by the developer's rules and regulations, fences shall be installed in compliance with section 10-02-07 of this chapter.
(10) Irrigation: Each space shall be provided with pressurized irrigation from surface water, as approved by the applicable irrigation district.
(11) Landscaping: Each space shall be sodded or seeded.
(12) Perimeter Landscaping: A landscaped buffer, a minimum of ten feet (10') in width, shall be installed along the length of those portions of the development that front a principal arterial, minor arterial or collector street. The buffer shall consist of a mixture of vegetative plantings that are appropriate to the area's climate, or a combination of fencing, earth berm and plantings.
(13) Landscaped Entrances: Entrances to the development shall be accented with plantings that are appropriate to the area's climate, and may include a sign that identifies the development. (Ord. 2290, 7-19-1999)
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