10-01-07: COMPREHENSIVE PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA:

Prior to annexation of an unincorporated area, the city council shall receive a recommendation from the commission on the proposed comprehensive plan map and zoning ordinance changes for the unincorporated area. The commission and council shall follow the notice and hearing procedures provided in section 67-6509, Idaho Code, as well as the notice and hearing procedures provided in article 3 of this chapter. Annexation ordinances are effective upon the date noted in the applicable annexation ordinance. The official city comprehensive plan maps and zoning maps, however, are only officially updated once per year at the beginning of the calendar year to reflect any amendments from the previous calendar year. (Ord. 2911, 9-4-2012)

10-01-08: SPLIT ZONING:

   (1)   The purpose of this section is to provide provisions for split zoning of land, lots, parcels, or tracks.

      A.   Split zoning will not be permissible with any new annexation and/or rezone requests.

      B.   The combining of land, lots, parcels, or tracks shall not result in more than one (1) primary zoning classification on a single zoning lot.

      C.   Land, lots, parcels, or tracts combined in violation of this ordinance shall be treated as separate zoning lots corresponding with the boundaries of the different zoning classifications.

      D.   Where a zoning lot contains two (2) or more existing zoning classifications, the zoning lot shall be subject to the following:

         1.   Most restrictive provisions shall apply. For existing and proposed uses and structures, the more restrictive provisions of the primary zoning districts, including but not limited to, use and building bulk regulations, lot area, parking and loading, and yard requirements, shall apply to the entire zoning lot. Rezoning shall be the means used to effectuate a change to that portion of a lot/parcel zoned differently from the balance of that lot/parcel where this regulation is deemed undesirable.

         (a)   Exception. Where one (1) zoning district occupies at least seventy-five percent (75%) of the total lot area, the district regulations of the district occupying the larger portion of the lot shall apply to the entire zoning lot. (Ord. 3576, 3-19-2024)

10-01-09: ALIGNMENT OF ZONING WITH COMPREHENSIVE PLAN LAND USE DESIGNATIONS:

The Future Land Use Map (FLUM) identifies the vision for a portfolio of land uses to implement the City's many diverse goals and objectives and works in conjunction with the text of the Comprehensive Plan, City Code and various policies of the City. The FLUM is not a zoning map and differs in that the FLUM describes the character and type of use that is desired in the future and not necessarily what is currently in place. The Comprehensive Plan contains various future land use designations geographically to identify land use patterns. Various types of zoning and land use may be permitted within each of the designations. Future land use designations are not parcel specific. An adjacent, abutting designation, when appropriate and approved as part of a public hearing with a land development application, may be used, so long as the abutting designation does not cross planned or existing collector or arterial roadways, and provided the proposed project is consistent with the description of the land use designation.

If a parcel on the FLUM indicates a split land use designation, the owner may choose a zoning designation that corresponds to either of the land use designations. (Ord. 3576, 3-19-2024)

10-01-10: DEFINITIONS:

For the purpose of this article, certain terms are defined as set forth herein and shall be applicable to all articles within Chapter 10, Zoning Regulations. 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", "will" or "must" is always mandatory; the word "may" is permissive; and the word "should" indicates that which is recommended but not required.

 

ACCESSORY BUILDING OR STRUCTURE:

A building or structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use and meets all criteria under section 10-02-04 of this chapter. Shall not be used for dwelling purposes or human habitation at all, unless specifically stated otherwise elsewhere in this chapter.

ACCESSORY DWELLING UNIT (ADU):

Secondary dwelling unit on the same lot of the principal residence that includes its own independent living facilities with provisions for sleeping, cooking, and sanitation. The ADU shall have a separate exterior access from, and no internal connection to, the primary structure. The ADU may be attached or detached; if detached, the ADU shall comply with the location requirements outlined in 10-02-04.

 

 

ACCESSORY USE:	A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use and meets all criteria under section 10-02-04. Shall not be used for dwelling purposes or human habitation at all, unless specifically stated otherwise elsewhere in this chapter.
ACCESSWAY:	An unobstructed way of specified width containing a drive or roadway which provides vehicular access within a recreational vehicle park and connects to a public street.
ADDITION:	A structure added and attached to the original structure at some time after the completion of the original or an extension or increase in floor area or height of a building or structure. An addition shall meet all of the codes currently in place at the date of application for the addition.
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.
ADULT BUSINESS:	Adult businesses include, but are not limited to, the following:
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE:	A commercial establishment which has as a significant or substantial portion of its stock in trade, revenues, advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following: (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas"; (2)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for gratification of sexual desires of persons for whom it is intended to be distributed to or to be seen by.

 

 

ADULT MOTEL:	A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either: (1)   Offers a sleeping room for rent for a"period of time that is less than ten hours; or (2)   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER:	A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT THEATER/CABARET:	A nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear seminude; or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

 

 

AGRICULTURE, GENERAL:	Tilling of soil, horticulture, growing crops, raising livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding commercial feedlots, raising of swine for commercial use, raising of poultry for commercial use, commercial dairies (as defined) and similar intensive agri-related uses.
AFFORDABLE HOUSING / WORKFORCE HOUSING:	Deed-restricted housing for which the occupant(s) is/are paying no more than thirty percent (30%) of their income for gross housing costs, including utilities.
AIRCRAFT REPAIR AND SERVICE:	The use of a site for the repair, maintenance, inspection, and service of aircraft and their associated parts, components, and related equipment required to maintain safe and reliable operation of the aircraft in compliance with regulatory standards. The use includes, but is not limited, to regular maintenance, inspections, repairs, overhauls, component replacement, safety checks, detailed maintenance documentation, and systems testing.
AIRPLANE/HELICOPTER HANGER:	A structure designed for the storage of aircraft or aircraft parts; may include the repair, and/or construction and/or manufacturing of aircraft or aircraft parts. The structure may also include an office, bathroom, or temporary storage of airfreight as accessory uses.
AIRPORT:	A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and freight. For the purposes of this chapter, Airport regularly refers to the Caldwell Executive Airport.
AIRPORT AVIGATION EASEMENT:	A perpetual easement that allows use of airspace above the property for operation of the airport or aircraft, waives claims that might be brought in connection with such operation, imposes height limits, and generally protects the long-term viability of the airport from potentially incompatible land uses.

 

 

AIRPORT COMMISSION:	The Caldwell airport commission.
AIRPORT DEVELOPMENT:	The annexation, subdivision platting, or rezoning of real property, or new construction, special use permitting, or addition of more than two hundred (200) square feet of enclosed space to existing construction on real property.
AIRPORT MANAGER:	A city employee charged with the responsibility for the day-to-day operations of the Caldwell Executive Airport.
AIRPORT MASTER PLAN:	The most recently adopted version of the plan, specifications, proposed projects, mapping, and other studies for the airport compiled in compliance with federal aviation administration regulations and adopted by the Caldwell city council.
AIRPORT NOISE SENSITIVE USES:	Those uses of real property identified and subject to section 10-11-05 of this chapter. Noise sensitive uses do not include accessory uses of real property where the primary use on the property is not noise sensitive.
AIRPORT RUNWAY PRIMARY SURFACE:	A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed by the Federal Aviation Administration regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
AIRPORT TERMINAL:	An establishment that provides accommodations for aircraft passengers, crew and freight and may include restaurants, gift shops, retail stores, barber/beauty shops, spa services, delicatessens, espresso shops, pastry shops, ice cream shops, shoeshine stands, newspaper and magazine stands, car rental agency booths, and other shops normally associated with an aviation terminal.

 

 

ALLEY:	A public or private right-of-way primarily designed to serve as an alternative access to the side or rear of properties. Not a street.
ALTERATION:	Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Any change that affects the configuration of exterior walls, exterior spaces or bulk of the building. An alteration shall meet all codes currently in place at the date of application for the alteration.
AMBULANCE SERVICE:	Provision of emergency medical care transportation, including incidental storage, maintenance, and parking of medical transport vehicles, as well as living/sleeping quarters for ambulance personnel.
AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI):	A private nonprofit organization that administers and coordinates the U.S. voluntary standardization and conformity assessment system. The City of Caldwell relies upon this organization's standards for evaluating various landscaping applications.
AMUSEMENT CENTERS:	A facility, either indoor or outdoor, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, as well as buildings for shows, entertainment, restaurants, and souvenir sales, and racetracks. Also, an area, either indoor or outdoor, open to the public, that contains amusement parks, carnivals, coin operated games, rides, shows, and similar entertainment facilities and devices.
ANIMAL OWNER/RESPONSIBLE PARTY:	A person eighteen (18) years of age or older or the parent or guardian of a person under 18 years of age who owns, harbors, keeps an animal, has one in his care, or permits an animal to remain on or about the premises owned or controlled by him.

 

ANIMALS:	Any living creature that is not a human being.
ANTENNA:	Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications.
APARTMENT:	A room or suite of rooms in a multiple-family structure which is arranged, designed, or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed and has its own address.
APPLICANT:	A person who is applying for a license, certification, or permit. The applicant, as applied to the development process, is understood to be the property owner or a person representing the property owner's interest with responsibility for abiding by the city's development standards.
ARBORICULTURE:	The cultivation, study, planting, pruning, watering, removal, and management of trees affecting their growth or maintenance; including the art of planting, dressing, and managing trees and shrubs.
ARBORIST:	Services provided for trees, including, but not limited to planting, removal, pruning, tree inventories, appraisals, tree management and maintenance or the engaging in technical arboricultural practices.
ARBORIST LICENSEE:	A person with a valid contractor's license and arborist certification acquired through the International Society of Arboriculture testing program or other certification process acceptable to the City Forester.
ARBORIST SERVICE:	Services provided for trees, including, but not limited to planting, removal, topping, pruning, insect abatement or engaging in technical arboricultural practices. The providing of arborist services in Caldwell is subject to a licensing and certification process.

 

 

ARCADE:	An indoor facility where various devices are utilized for entertainment including video arcades, coin operated games, and other gaming systems where the primary use is the use of the entertainment devices; ancillary food and beverages may be associated. Not an Amusement Center.
ARTICULATION:	The means of dividing a structure's façade into distinct and significant parts through the use of windows, change in building materials, building façade insets, artwork, etc. in order to add scale to a structure and break up large expanses of unadorned walls.
ARTIST STUDIO/ GALLERY:	The use of a site for the production, display and sale of individually crafted artwork including painting, sculpture, jewelry, pottery, leather craft, stitchery, and photography.
ARTS AND CRAFTS SHOWS:	Events held either indoors or outdoors that showcase arts and crafts items for sale to the public.
ARTS, ENTERTAINMENT AND RECREATION FACILITIES, INDOOR:	The use of a site or facility for entertainment or recreational activities. The use includes, but is not limited to, indoor motion picture and performing arts theaters, arcades, indoor miniature golf, indoor ice or skating rink, indoor rock climbing, recreational axe throwing, or bowling. This definition does not include indoor shooting ranges and amusement centers.
ARTS, ENTERTAINMENT AND RECREATION FACILITIES, OUTDOOR:	The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to, outdoor motion picture theaters, amphitheaters, sports fields, golf courses, outdoor miniature golf. This definition does not include amusement centers and zoos.

 

 

ASPHALT PLANT:	Facility that is used for the manufacture of asphalt, macadam, tar, and other related materials, sometimes collectively known as blacktop or asphalt concrete. The use includes, but is not limited to, taking in raw materials such as aggregates, sand, and asphalt cement and heating them to create asphalt.
ASSEMBLY PLANT:	See definition of Factory.
ASSISTED LIVING FACILITY:	See Nursing and Residential Care Facility definition.
AUCTION:	A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. Includes the use of a site for the public sale of goods, wares, merchandise, or equipment to the highest bidder, excluding the sale of livestock or motor vehicles.
AUTOMOTIVE BODY SHOP:	An establishment that provides passenger vehicle and motorcycle collision service, repair, and painting. May also include the use of the site for custom body and paint work not associated with collision repair. It shall be unlawful for any vehicle associated with a body shop to have vehicles parked, standing, or stored within the public right-of-way.
AUTOMOTIVE CAR WASH:	Any building or premises used for washing passenger vehicles which may use production line methods with a conveyor, blower, or other mechanical device and that may employ some hand labor. The facility may or may not include vacuums and drying areas as accessory uses and may or may not include car detailing.
AUTOMOTIVE RENTAL LOT:	A lot or parcel used for the rental of vehicles, motor homes, recreational vehicles, or motorcycles. A building containing offices may be included as part of the business. All vehicles, motor homes, recreational vehicles and/or motorcycles held on the rental lot shall be in operating condition.

 

 

AUTOMOTIVE REPAIR SERVICES:	A lot or parcel used for the repair of all types of vehicles, to include, but not limited to motor homes, recreational vehicles, or motorcycles. All repair work shall be conducted within an enclosed building and no vehicle of any type shall be stored outside of an enclosed building for more than thirty (30) days. It shall be unlawful for any vehicle associated with an automotive repair service use to have vehicles parked, standing, or stored within the public right-of-way, except for employees lawfully parked in the right-of-way. All operations associated with the automotive tow yard must take place on private property.
AUTOMOTIVE SALES, NEW:	A lot or parcel used by an authorized dealership that is primarily in the business of selling new passenger vehicles or motorcycles. A building housing a sales office, showroom, and repair/service area may be included as part of the dealership. The dealership may also sell used passenger vehicles or motorcycles and provide rental and/or leasing services.
AUTOMOTIVE SALES, USED:	A lot or parcel used for the sale of used passenger vehicles or motorcycles. All passenger vehicles or motorcycles for sale shall be easily accessible and shall be in operating condition.
AUTOMOTIVE STORAGE, INDOOR ONLY:	The use of fully enclosed buildings in which two (2) or more vehicles are stored more than thirty (30) days. Vehicles may or may not be in operating condition. It shall be unlawful for any vehicle associated with an indoor automotive storage use to have vehicles parked, standing, or stored within the public right-of-way, except for employees lawfully parked in the right-of-way. All operations associated with the automotive tow yard must take place on private property. This definition excludes residential garages.

 

 

AUTOMOTIVE STORAGE, OUTDOOR:	Any use of premises, excluding fully enclosed buildings, on which two (2) or more vehicles are standing more than thirty (30) days. Vehicles may or may not be in operating condition. It shall be unlawful for any vehicle associated with an outdoor automotive storage use to have vehicles parked, standing, or stored within the public right-of-way, except for employees lawfully parked in the right-of-way. All operations associated with the automotive tow yard must take place on private property. This definition does not apply to those businesses that meet the definition of new or used automotive sales, nor for the storage of personal vehicles associated with a single-family residence, stored outside the view of the public right-of-way.
AUTOMOTIVE TIRE REPAIR/SALES STORE:	A business or facility that sells and installs tires and offers tire repairs. Some accessory vehicle maintenance and services may be offered as an incidental use.
AUTOMOTIVE TOW YARD:	A business or facility that tows operable or inoperable vehicles to its site, where they may be stored for thirty (30) days or more, or to another site. Not a wrecking/salvage yard, but rather for storage only. No dismantling, wrecking, repairing, bodywork, salvaging or similar may take place; only storage of operable or inoperable vehicles after being towed. It shall be unlawful for any vehicle associated with an automotive tow yard to have vehicles parked, standing, or stored within the public right-of-way, except for employees lawfully parked in the right-of-way. All operations associated with the automotive tow yard must take place on private property.

 

 

AUTOMOTIVE WRECKING/SALVAGE YARD:	Any use of premises, excluding fully enclosed buildings, on which two (2) or more vehicles not in operating condition are standing more than thirty (30) days, or on which used vehicles, or parts thereof, are dismantled or stored. It shall be unlawful for any vehicle associated with an automotive wrecking/salvage yard to have vehicles parked, standing, or stored within the public right-of-way, except for employees lawfully parked in the right-of-way. All operations associated with the automotive tow yard must take place on private property.
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.
BANK/CREDIT UNION:	Financial institutions that provide retail banking services to individuals and businesses.This classification includes those institutions engaged in the on-site circulation of cash money and businesses offering check cashing. This definition does not include Payday Loans and Title Loan Establishments.
BANK/CREDIT UNION - DRIVE-THROUGH:	Provides the services listed under the definition of "bank, credit union" as being accessible to persons who remain in their passenger vehicles. Drive-through service is classified separately because it is not appropriate at all locations. This definition does not include Payday Loans and Title Loan Establishments.
BARBECUE GRILL/RANGE:	An appliance intended and approved for the commercial preparation of food using a solid fuel or gas fuel, said prepared food to be sold. Solid fuels could include wood, charcoal, or similar products. Gas fuel appliances would use propane or natural gas. Required safety precautions could include hoods, ducting, exhaust fans, grease extractors, fire extinguisher(s) and/or fire extinguishing systems or any combination thereof.

 

 

BARBER/BEAUTY SHOP:	Establishments where services are provided for hairdressing, but which may also offer tanning beds, facials, manicures, pedicures, massages and the like.
BARK/WOOD CHIPS:	A medium sized solid material made by cutting, or chipping, larger pieces of wood and/or bark. Must be a minimum size of two inches (2").
BED AND BREAKFAST:	An owner-occupied facility providing overnight accommodation and food service to guests, for a fee. No more than ten (10) guestrooms are allowed. No cooking shall be allowed in guestrooms and food shall be provided to guests. Bath facilities shall be shared by no more than two (2) guestrooms and one (1) off-street parking space for each guestroom and employee shall be provided and maintained by the owner of the facility.
BERM:	An earthen mound designed to screen undesirable views and/or to decrease noise.
BIG BOX RETAIL:	See "Retail Sales - Big Box Retail" definition.
BMX TRACK:	A facility used for recreation purposes of riding bicycles on dirt and other surfaces not a part of any roadway or public right-of-way such-as asphalt paths, wood, concrete, and metal grates. This use includes traditional outdoor BMX parks, indoor BMX parks, pump tracks, general bike parks, and similar type facilities. In no case shall this include the use of motorized equipment whether internal combustion or electric.
BOARDING HOUSE:	A nonprofit or for-profit home providing food and shelter to three (3) or more persons, but not more than twelve (12) persons who are not members of the householder's family, excepting that caring for foster children is not included in this definition.

 

 

BOISE RIVER CORRIDOR:	Land in proximity to the Boise River as it flows through Caldwell. The corridor extends outward a distance of one hundred fifty feet (150') from the banks' high-water mark. Landscaping plans for projects within this corridor are subject to landscape plan design review.
BOULDER AND ROCK SLAB:	A rock possessing an overall surface area greater than one square foot. These large rocks are not considered hardscape materials and may be used for landscape purposes.
BOWLING ALLEY:	An establishment generally for bowling, which may or may not include pool tables or the serving of food and beverages, open to the public with admission or a fee. Some bowling alleys may or may not serve alcohol and/or liquor provided the necessary licenses are obtained.
BUFFER:	A combination of physical space and vertical elements, including, but not limited to, trees, shrubs, berms, fences, and/or walls that separate and screen incompatible land uses from one another or separate and screen properties from a public street (street buffer).
BUILDING:	Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING HEIGHT:	The vertical distance from the finished grade adjacent to the structure to the highest point highest point of the coping on a flat roof, to the deck line on a mansard roof, or the average height of the gable of a pitch or hip roof. Building height does not include architectural elements, such as roof stair access enclosures/projections, cupolas, chimneys, steeples, spires, nor antennas.
BUILDING PERMIT:	An official document or certificate by that name issued by the city authorizing the construction or siting of any building.

 

BUILDING SUPPLY OUTLET:	See "Retail Sales - Building Supply Outlet" definition.
BULK REGULATIONS:	Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, impervious surface ratio, floor area ratio and yard requirements.
BUSINESS PERMIT/LICENSE:	A license issued by the planning and zoning department signifying a business is an allowed land use in the zoning district in which the business is located and/or that the business is a legally nonconforming land use.
CABINET SHOP:	An establishment, either wholesale or retail, that sells, repairs and/or manufactures cabinets or wood trim for any type of building or structure.
CALIPER:	The diameter of a tree measured at a point 12 inches above the ground or top of root ball.
CAPITAL IMPROVEMENTS:	Improvements with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of a public facility.
CAR WASH:	See "Automotive - Car wash" definition.
CARPORT:	A roofed structure providing space for the parking of vehicles and enclosed on not more than three (3) sides (side does not include or mean the roof), either attached to or detached from the principal building. If attached to an existing structure, the existing exterior wall of that structure counts as one of the sides. May or may not be portable.
CARRYOUT RESTAURANT:	See definition of restaurant, drive-in.
CATERING SERVICE:	Preparation and delivery of food and beverages for off-site consumption without provision for on-site pick up or consumption. This is not a restaurant of any type.

 

 

CEMENT, CONCRETE, OR CLAY MANUFACTURING:	Establishments engaged in the mechanical and/or chemical transformation of aggregate materials or substances into new products such as cement, concrete, or clay for the general purpose of use in construction and construction related and activities and other types of manufacturing.
CEMETERY:	Property used for interment of human remains or cremated remains. The use includes burial parks or mausoleum for vault or crypt interments.
CERTIFICATE OF APPROPRIATENESS:	A document which must be obtained from the Caldwell Historic Preservation Commission, or the Caldwell city council through an appeal process, before any new buildings, improvements or structures are erected, altered, restored or moved or demolished on a historic property or a historic site or within a historic district or a property eligible for listing in the national register of historic places or a property listed in the national register of historic places.
CERTIFICATE OF COMPLIANCE:	Official certificate issued by the planning and zoning department for mobile food units and/or for a project that does not require a building permit but does have planning and zoning requirements as per the zoning ordinance, and such issuance signifies that said project conforms to all provisions of city ordinances, codes and policies related to planning and zoning requirements. Not applicable to internal or city projects.
CERTIFICATE OF OCCUPANCY:	See section 12-01-17 of this code.
CHANGE OF USE:	A change from one permitted use to another permitted use, within a certain zoning district.
CHEMICAL STORAGE AND MANUFACTURING:	The storage and/or manufacturing of bulk chemicals, controlled substances or hazardous materials in chemical stores, chemical storage bins, warehouses, chemical manufacturing plants or similar.

 

CHURCH OR PLACE OF RELIGIOUS WORSHIP:	An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code section 63-602B. A church or place of religious worship may also include a special purpose building that is architecturally designed and particularly adapted for secular activities and events.
CITING OFFICIAL:	Any planning and zoning department staff members.
CITY:	The City of Caldwell.
CITY CODE:	The city of Caldwell city code as adopted by the City Council. In addition, for purposes of this chapter, city code when referenced herein includes all ordinances, policies, resolutions, standards, manuals, rules, and regulations as amended, revised, and compiled and adopted by council and shall be, and the same hereby are, adopted and incorporated by reference herein.
CITY COUNCIL/COUNCIL:	The legislative body of the City of Caldwell, Idaho.
CITY FORESTER:	The city forester or the city forester's designee.
CLINIC, OUTPATIENT ONLY:	A building used for the care, diagnosis and treatment of the sick, ailing, infirm, or injured persons, by physicians, dentists, other medical personnel, psychologists, psychiatrists, social workers or the like, and those who are in need of medical and surgical attention, but which building does not require a stay of more than twenty-four (24) hours and does not provide board, room, or regular hospital care and services.
CLINIC, LARGE ANIMAL:	Any building or portion thereof or business establishment designed or used for the care or administration of veterinary services for any agricultural or exotic animals. This use can also include veterinarian uses.

 

CLINIC, SMALL ANIMAL:	Any building, or portion thereof, or business establishment designed or used for the care or administration of veterinary services for any of the following animals: dogs, cats, primates, birds, waterfowl, reptiles, rodents and similar animals, domestic pet animals on an outpatient basis. This use can also include small animal grooming businesses or veterinarian uses.
CLUB/LODGE:	A building and related facilities owned or operated by a corporation, local chapter, or association established for the fraternal, social, religious, educational, recreational, or cultural enrichment of its members and not primarily for profit and whose members pay dues and meet certain prescribed qualifications for membership.
COLLEGE:	An educational institution authorized by the state to award associate, baccalaureate, or doctorate degrees or post-high school certifications or licenses.
COLLOCATION:	The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna on a preexisting structure.
COMMERCIAL DAIRY:	An establishment with dairy cows used to produce milk to be sold for commercial gain, rather than to be used for personal use.
COMMERCIAL KENNEL:	An establishment in which more than three (3) dogs or other domesticated animals are regularly and routinely housed, groomed, bred, boarded, trained, and/or sold, all for a fee for compensation.
COMMISSION:	The city of Caldwell Planning and Zoning Commission. This may also include the city of Caldwell Hearing Examiner.
COMMON LOT:	A platted lot separate from individual building lots, owned in common, generally provided for the shared use of property owners or tenants and is maintained by the controller or a homeowners' or business owners' association.

 

 

COMMUNITY CENTER:	A facility used for recreational, social, educational, or cultural activities by or for a not-for-profit group or public agency.
COMPANION ANIMAL:	Animals that do not have specific disability related training but are necessary in coping with a disability (for instance, if the animal provides emotional support to a person with disabilities) as attested to in writing, and signed, by a currently licensed psychiatrist, psychologist, mental therapist, mental counselor or similar.
COMPREHENSIVE PLAN:	The city of Caldwell comprehensive plan officially adopted by the Caldwell City Council.
CONDOMINIUM:	A property or structure containing individual units or buildings available for sale in fee simple subject to covenants and restrictions placing control of the common areas/common lots to an elected board and platted as a condominium plat as per the specifications of "city code" as defined herein. Residential Condominium developments shall be subject to the requirements for multi-family development found in Chapter 10, Article 14.
CONFERENCE CENTER:	A facility used for conventions, conferences, seminars, meetings, product displays, recreation activities, and entertainment functions along with the accessory functions including temporary displays, food and beverage preparation and service for on premises consumption.
CONIFERS:	Provide year-round greenery and screening because they retain their leaves year-round. They serve as excellent wildlife shelters. Normally, they are not pruned and will need large growing areas away from buildings, sidewalks, and driveways. Spacing varies with species. Conifers/evergreens are not planted in the parkways and planting strips.
CONTRACTOR'S SHOP/STORAGE YARD:	Any area of land or building used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land or building used for the incidental repair of machinery used for any of the above listed activities.

 

CONTROLLER:	Every person or association (owner, agent, tenant, occupant, contractor, developer and/or lessee) who exercises care, custody, and control of real property, to include that abutting a right-of-way upon which a public tree or shrub is located. As applied to the subdivision or development process, the controller is understood to be the property owner, association or person representing the property owner's interest with responsibility for abiding by the city's standards, rules, regulations, policies, codes and ordinances. A person or entity who is applying to the city for a license, certification, or permit.
CONVALESCENT HOME:	See "Nursing and Residential Care Facility" definition.
CONVENIENCE STORE:	See "Retail Sales - Convenience Store" definition.
CONVENIENCE STORE, WITH GASOLINE:	See "Retail Sales - Convenience Store, with Gasoline" definition.
CORPORATE OFFICE BUILDINGS:	See "Professional Services" definition.
CREMATORIUM:	Establishment that performs cremation services.
CRITICAL ROOT ZONE:	The area under a tree extending from the base of a tree in all directions to an imaginary line ten feet (10') outside of the dripline or as determined at a preliminary site inspection by the City Forester.
DANCE HALL/NIGHT CLUB:	An establishment where people regularly congregate primarily for entertainment purposes in the form of dancing or live or recorded music and where a cover charge/entry fee is typically required. The establishment may have one or more temporary or permanent area(s) set aside for the purpose of dancing by the patrons of the establishment and may also serve food as an accessory use to the establishment. Alcoholic beverages may be served provided the appropriate liquor or alcohol license has been obtained for the event.

 

 

DAYCARE:	Any home, place, structure, building or facility wherein care, service and/or supervision for compensation during any part of a twenty-four (24) hour period for individuals who are less than thirteen (13) years of age in a place other than the individuals' own homes is provided, regardless of relation.
DAYCARE CENTER:	A place or facility providing daycare for compensation for thirteen (13) or more individuals who are less than thirteen (13) years of age, regardless of relation. The provider's own children count toward the allowed number.
DAYCARE HOME, FAMILY/GROUP:	A home, place, or facility providing daycare for compensation for twelve (12) or fewer individuals who are less than thirteen (13) years of age, regardless of relation. The provider's own children count toward the allowed number.
DECIDUOUS:	Trees that shed their leaves annually as opposed to those that retain their leaves year-round.
DELICATESSEN:	An establishment that sells ready to eat food products such as cooked meats, cheeses, sandwiches, and prepared salads, that may or may not be consumed on the premises.
DENSITY BONUS:	A density increase over the otherwise maximum allowable residential density under the zoning ordinance and land use element of the comprehensive plan as of the date of a complete application to the city.
DENSITY, GROSS:	The ratio of the total number of dwelling units within a development divided by the total area (in acres), including public right-of-way, future right-of-way, common lots, and open space.

 

 

DENSITY, NET:	The ratio of the total number of dwelling units within a development divided by the total area (in acres), excluding public right-of-way dedication, public streets, alleys, waterways, and common areas.
DENTAL OFFICE:	See definition of office - medical, dental.
DEVELOPMENT:	Any construction or installation of a building or structure, any change in use of a building or structure, or any change in the use, character, or appearance of land, which may create additional demand and need for public facilities, or the subdivision of property that would permit any change in the use, character, or appearance of land. Also, any project or use of land, regardless of zone, would require a certificate of compliance, certificate of occupancy, special use permit, subdivision plat, planned unit development, or other discretionary entitlement application.
DEVELOPMENT APPROVAL:	Any written authorization from a governmental entity which authorizes the commencement of a development.
DEVELOPMENT REQUIREMENT:	A requirement attached to a development approval or other governmental action approving or authorizing a particular development including, without limitation, a rezoning, which development requirement compels the payment, dedication or contribution of goods, services, land and/or money as a condition of approval.
DIRT BIKE TRACK:	A facility used for the off-road recreation use of dirt bikes that involve varying terrain, specific safety measures, a defined layout, and accessory facilities and amenities such as a parking lot for users and spectators, restrooms, pit areas, seating, and concession stands. This use includes only those tracks utilizing motorized off-road vehicles and not self-powered bicycles. This use may include the use of ATV's if the track can accommodate such a machine.

 

 

DISEASED TREE:	A tree or part thereof that has become blighted, defaced, or has become significantly diseased.
DISTRIBUTION CENTER:	An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.
DOMESTICATED ANIMALS:	Any of various animals that have been tamed and made fit for a human environment.
DONATION TRAILERS/POD:	A trailer and/or pod type structure used for the purpose of collecting donated materials and items from the public. Temporary donation sites that last no more than seventy-two (72) hours and occur no more than two (2) times per calendar year are excluded from this definition.
DORMITORY:	A residence hall providing rooms for individuals or groups usually without private baths; used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, airport, convent, monastery, or similar institutional use.
DRINKING ESTABLISHMENT:	The use of a site primarily for the sale or dispensing of liquor by the drink or glass, but not including restaurants with a wine and beer license where the principal business is serving food. The use includes, but is not limited to, bar, brewery, lounge, saloon, and tavern. Live entertainment and similar forms of entertainment (stand-up comedy, trivia nights, etc.) may be an accessory use to the drinking establishment unless specifically prohibited by this Chapter. This use does not include microbreweries, wineries or wine tasting establishments.
DRIP LINE:	A boundary of the soil surface delineated by the branch spread of a single plant or a group of plants. Extending from the trunk out to the widest tip of the tree canopy.

 

DRIVER'S EDUCATION SERVICES SCHOOL:	An establishment engaged in comprehensive training and education to prospective drivers, covering various aspects of driving including but not limited to traffic laws and regulations, safe driving techniques, simulated driving experiences, driving awareness, and driver's license preparation.
DRIVEWAY:	A private roadway providing access to a street or highway. Driveways are not considered public streets, roads, or highways. A driveway serving multiple private lots/units (referred to as a common driveway) shall serve no more than six (6) residential units.
DRIVEWAY WIDTH:	The narrowest width of driveway measured perpendicular to the driveway.
DRUGSTORE:	See "Retail Sales - Pharmacy" definition.
DRY LANDSCAPING:	The use of a combination of various types of hardscapes, boulders, rock slabs and/or vegetation requiring very minimal or no irrigation.
DUPLEX:	See definition of dwelling, two-family.
DURABLE MEDICAL EQUIPMENT:	See "Retail Sales - Durable Medical Equipment" definition.
DWELLING:	See definition of Dwelling Unit.
DWELLING, FOUR-, FIVE- OR SIX-FAMILY:	A building containing four (4), five (5) or six (6) dwelling units totally separated from each other by a nonpenetrated wall extending from basement to roof.
DWELLING, MULTI-FAMILY:	A building containing seven (7) or more dwelling units, including units that are located one over the other.
DWELLING, SINGLE-FAMILY ATTACHED:	A one-family dwelling, attached on one or both sides to another dwelling by common vertical walls without openings (each dwelling unit occupies its own lot or parcel, but with a zero-foot lot line on the attached side - also known as a townhouse). See also "Group Home/Residence, Eight of Fewer Residents" definition.

 

 

DWELLING, SINGLE-FAMILY DETACHED:	A one-family dwelling that is not attached to any other principal dwelling but may include an attached or detached Accessory Dwelling Unit (ADU) as defined within this article. See also "Group Home/Residence, Eight of Fewer Residents" definition.
DWELLING, THREE-FAMILY:	A building containing three (3) dwelling units totally separated from each other by a nonpenetrated wall extending from basement to roof (3 units on 1 lot or parcel - triplex).
DWELLING, TINY HOUSE:	A "tiny house" is a type of single-family detached dwelling that is 400 square feet or less in floor area excluding lofts with specific building code requirements. Tiny houses shall be constructed on a site or placed on a site as a modular structure and be placed on a permanent foundation; no axle or frame with axle foundations are permitted. Tiny house construction shall meet the City of Caldwell adopted building codes and require necessary permits.
DWELLING, TWO-FAMILY:	A building containing two (2) dwelling units totally separated from each other by a nonpenetrated wall extending from basement to roof two (2) units on one (1) lot or parcel - duplex).
DWELLING UNIT:	A building or portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed, or used as living and/or sleeping quarters for one or more persons. Includes its own independent living facilities with provisions for sleeping, cooking, and sanitation.
EASEMENT:	A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or other person or entity.
EAVES:	The projecting lower edges of a roof overhanging the wall of a building.

 

EDUCATION SERVICES:	The use of a site for education purposes including, but not limited to, elementary and secondary schools, institutions of higher learning; professional, technical and trade schools; fine arts schools and studios.
ELECTRONIC SALES:	See "Retail Sales - Electronic Sales" definition.
ELECTRONIC SERVICE AND REPAIR:	The use of a site for the repair and service of electronic equipment including, but not limited to, home computers/laptops, smartphones, photography equipment, circuit board repair, television repair, audio equipment repair, and similar pieces of electronic equipment.
EMERGENCY ACCESS:	A means of vehicular access, other than primary access, to a subdivision or development for emergency services only, improved to city standards and specifications.
ENCROACHMENT:	Any structure which extends into a required setback or easement line.
ENGINEERING PLANS:	Plans, profiles, cross sections and other required details for the construction of public improvements or other required improvements, prepared by a registered engineer, in accordance with the approved preliminary plat and in compliance with any applicable development agreements and/or conditions of approval, existing standards of design and construction approved by the council and also in compliance with "city code" as defined herein, regardless of details on an approved preliminary plat, unless stated otherwise in the preliminary plat order of decision or development agreement.
ENTERTAINMENT ESTABLISHMENT, ADULT:	See definition of Adult Entertainment Business.
EQUIPMENT SALES, RENTAL AND SERVICES:	See "Retail Sales - Equipment Sales, Rental and Services" definition.

 

 

ESPRESSO SHOP:	An establishment that is a permanent building requiring a building permit, with indoor and/or outdoor seating, that sells and serves coffee, tea, juices, smoothies, yogurt, ice cream, pastries, muffins, and the like, to be consumed either on or off site.
EVENT CENTER:	An establishment which is rented out to the public for events such as weddings, receptions, and the like. Typically, a cover charge is not required for those attending. Food and beverages may be served, but all food preparation takes place off site. Alcoholic beverages may be served provided the appropriate liquor or alcohol license has been obtained for the event.
EVERGREEN:	Trees that retain their leaves year-round. They do shed older leaves, but the tree does not lose all its leaves at one time.
EXTRAORDINARY IMPACT:	An impact which is reasonably determined by the city to: result in the need for police, fire, and parks and/or recreation system improvements, the cost of which will significantly exceed the sum of the impact fees to be generated from the project; or result in the need for police, fire, parks and recreation system improvements that are not identified in the capital improvements plans.
FACTORY:	A building in which raw material and semi-finished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed.
FAMILY:	A person living alone or two (2) or more persons living together related by blood or marriage or a group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in one single-family dwelling unit as a single housekeeping unit. For purposes of this chapter, "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or like organizations; or any group of individuals who are in group living arrangements as a result of criminal offenses.

 

 

FARM ANIMALS:	Horses, cattle, sheep, chickens, roosters, goats, pigs and other like useful animals kept for profit or use.
FARMSTAND, COMMERCIAL:	A structure for the display and sale of farm products or the seasonal selling or offering for sale at retail of farm 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. All activities, whether the display or selling of all farm products, 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 raised the farm product(s). All activities, whether the display or selling of all farm products, must be conducted outside of any right-of-way.
FARMERS' MARKET:	The use of a site for the seasonal sale of fresh agricultural products directly to the consumer at an open-air market designed as a community activity.
FENCE:	A barrier of any material or combination of materials erected to enclose, screen, or separate areas.
FENCE, OPEN:	A fence, including any gates, constructed with openings between the materials used in its construction.
FENCE, SIGHT OBSTRUCTING FENCE/WALL:	A solid fence or wall constructed of substantial, rigid material without a pattern of holes, cavities, breaks or openings.

 

 

FINANCIAL INSTITUTION:	The use of a site for lending, exchanging, and handling money or currency for customers. The use includes, but is not limited to, credit unions, savings and loans, commercial banks, cash machines, and loan establishments. This does not include payday loans and title loan establishments.
FIRE DEPARTMENT:	The city of Caldwell Fire Department, which is also the Caldwell Rural Fire Protection District.
FITNESS FACILITY:	An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, weightlifting equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. Use may include those specific facilities such as CrossFit gyms, powerlifting gyms, parkour facilities, sports performance facilities, etc.
FLAG LOT:	A lot having access to a public road via a narrow private driveway, said driveway having a minimum width of thirty feet (30') and a maximum length of one hundred fifty feet (150'). The minimum driveway width acts as the required frontage on a public street, regardless of the frontage requirement in the underlying zoning district.
FLEA MARKET:	An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
FLEX SPACE:	The use of a building or portion thereof for small scale warehousing and/or light industry with associated office and/or retail showroom space. Flexibility in use of the interior spaces and low scale, attractive exterior appearances characterize flex buildings.
FLOOR AREA, GROSS:	The sum of the gross floor area of all the rooms contained within a building including the exterior walls of a building or portion thereof.

 

FLOOR AREA, NET:	The sum of the net floor area of all the rooms contained within a building, excluding bathrooms, hallways, and closets. The net floor area of a room is determined by measuring from interior wall to interior wall.
FOOD PRODUCTS, STORAGE PROCESSING:	The use of a site for large-scale production, manufacturing, processing, or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, water, snacks, fruits, vegetables, spices, and dairy products. Excluded uses are animal products, seafood, milling, refining, confectionery, or bakeries.
FOOD BANK/SOUP KITCHEN:	Facility or organization (typically a not-for-profit organization) that collects, stores, and distributes food to individuals and families in need.
FOOD STAND:	A permanent structure for the display and sale of food and/or beverages, such as coffee or hotdog stands, or similar, not providing indoor seating or walk-in service, but providing walk-up or drive-up service only, and is less than eight hundred (800) square feet in size.
FOR-FEE CONTRACTOR:	An individual engaging in the construction or landscape business that does work on public or private rights of way; these individuals will have to be licensed and certified.
FRATERNITY/SORORIT Y HOUSE:	A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity/sorority members and their guests or visitors and affiliated with an institution of higher learning.
FRONTAGE:	See Lot Frontage definition.
FROZEN FOOD LOCKER:	An establishment that provides for the secured, long term or short-term storage of frozen foods.
FUEL YARD/PETROLEUM STORAGE:	A facility for the storage or sale in bulk quantities of coal, firewood, gas, petroleum, or other fuels or materials that can be burnt to release energy through the process of combustion.

 

 

FUNERAL HOME:	A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
FURNITURE SHOP:	See "Retail Sales - Furniture Store" definition.
GARAGE, RESIDENTIAL:	A building or structure used or intended to be used for the parking and storage of vehicles, as an accessory building or structure to a residential structure, and shall meet all standards for accessory uses, buildings and structures as set forth in this chapter.
GARAGE/YARD SALE:	All general sales, open or advertised to the public, conducted from or on a residential premises (single- family, duplexes, or apartments), 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 this Code for additional requirements regarding 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.
GAS/SERVICE STATION:	Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicle fuels; minor servicing and repair of passenger vehicles; the sale and installation of lubricants, tires, batteries, and similar passenger vehicle accessories. It shall be unlawful for any vehicle being serviced or repaired, or waiting for service or repair to be parked, standing, or stored within the public right-of-way. All operations must take place on the site in which the business is located.

 

GAZEBO:	An accessory building consisting of a detached, covered, freestanding, open air structure.
GIRDLING:	Damaging or removing the bark and cambium layer around the tree trunk in a manner that usually kills the tree.
GOLF COURSE:	A tract of land laid out for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.
GOVERNMENTAL ENTITY:	Any unit of local government that is empowered by Title 67, Idaho Code.
GRAIN/CROP STORAGE:	Any facility used to store any harvested crop to be sold for gain.
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.
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.
GROSS DENSITY:	See Density, Gross definition.

 

 

GROUP HOME/RESIDENCE, EIGHT OR FEWER RESIDENTS:

The use of property as a group residence in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age-related infirmity. Resident staff, if employed, need not be related to each other or to any of the persons with disabilities or elderly persons residing in the group residence. No more than two (2) of such staff shall reside in the dwelling at any one time. In accordance with Title 67, Chapter 65, Idaho Code: (1)   The department of health and welfare may require group residences, as herein defined, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the residential or assisted living facility rules, or under the intermediate care facilities for people with intellectual disabilities or related conditions rules, or under rules specifically written for such group residences. This use may also include all voluntary communal living facilities that are not a homeless shelter or other facility defined herein. (2)   No special use permit, zoning variance, or other zoning clearance shall be required of a group residence, as herein defined, which is not required of a single-family dwelling in the same zone. (3)   No local ordinances or local restrictions shall be applied to or required for a group residence, as herein defined. (4)   The limitations provided for in subsection (2) and (3) of this definition, shall not apply to tenancy or planned tenancy in a group home or residence by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others (see definition of Transitional Homes).

 

 

GROUP HOME/RESIDENCE, NINE OR MORE RESIDENTS:

The use of property as a group residence in which nine (9) or more unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age-related infirmity. Resident staff, if employed, need not be related to each other or to any of the persons with disabilities or elderly persons residing in the group residence. No more than two (2) of such staff shall reside in the dwelling at any one time. The department of health and welfare may require the group home, as herein defined, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the residential or assisted living facility rules, or under the intermediate care facilities or related conditions rules, or under rules specifically written for such group homes. This use may also include all voluntary communal living facilities that are not a homeless shelter or other facility defined herein. This definition, as herein defined, and use does not include or apply to tenancy or planned tenancy in a group home or residence by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others (see definition of Transitional Homes).

 

HARDSCAPE MATERIAL:	Stone, rock, gravel, lava rock, or other similar materials. For purposes of this chapter, boulder and rock slab are not considered hardscape materials; rather, they are considered accent and safety landscape features (see definition of Boulder and Rock Slab).
HARDWARE STORES:	See "Retail Sales - Hardware Stores" definition.
HEALTH CLUB:	See Fitness Facility definition.
HEARING EXAMINER:	An individual appointed by the council who shall, as directed by council, perform the duties of the planning and zoning commission regarding requests on special use permits, variances, subdivision plats, annexations, and rezones.
HELIPAD:	Areas, either at ground level or elevated on a structure, licensed by a federal or state agency and approved for the loading, landing, and takeoff of helicopters and includes auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment.
HERBICIDE:	A chemical preparation or other agent for destroying or inhibiting growth of weeds or other harmful vegetation.
HILLSIDE:	Slopes exceeding ten percent (10%).
HOME AND BUSINESS SERVICES:	Recurrently needed services for residences and/or businesses. Services can include photocopying and small print shops, cleaning services, and the like.
HOME OCCUPATION:	Any activity carried out for gain by a resident and conducted in the resident's dwelling unit or other structure that meets all the requirements and standards for a home occupation as listed in this chapter. Only certain uses are permitted as a home occupation.

 

 

HOMELESS SHELTER:	A facility providing temporary housing and minimal support services to indigent, needy, or homeless persons.
HOMESCHOOL:	A dwelling unit wherein education and instruction take place for persons between the ages of five (5) and eighteen (18) years of age that meets state requirements for elementary and secondary education, and does not secure any funding from any governmental agency.
HOSPITAL:	An institution providing primary health services and medical or surgical care to persons, over a continuous period of 24 hours or more for observation, diagnosis, and care, who are suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOSPITAL, ANIMAL:	Premises for the medical or surgical treatment of animals or pets, including dog, cat, and veterinary hospitals, including the boarding of hospitalized animals.
HOTEL:	A facility offering accommodation to the public, and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities, all for a fee or compensation.
ICE CREAM SHOP:	An establishment that sells and serves ice cream, juices, smoothies, yogurt, pastries, muffins, and the like, to be consumed either on or off site.
IMPACT FEE:	A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve a development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.

 

 

IMPACT FEE ADMINISTRATOR:	The official appointed by the Mayor with the City Council approval to administer this article.
IMPACT FEE PAYOR:	A person who pays or is required to pay an impact fee or the fee payor's successor in interest.
IMPACT FEE STUDY:	Collectively, the documents entitled the "Parks and Recreation Impact Fee Analysis, City of Caldwell", dated July 12, 2004, and the "City of Caldwell Impact Fee Study and Capital Improvements Plan", dated January 16, 2007, prepared by BBC Research & Consulting for the city.
IMPACT FEES, FIRE:	A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of fire improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.
IMPACT FEES, PARKS, AND RECREATION:	A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of parks and recreation improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.
IMPACT FEES, POLICE:	A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of police improvements needed to serve the development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.

 

 

INDIAN CREEK CORRIDOR:	Land in proximity to Indian Creek as it flows from the Area of City Impact through the Caldwell city limits and within the City Center of the City of Caldwell. The corridor extends outward a distance of one hundred fifty feet (150') from the banks' high-water mark. Any portion of a piece of property that exists within the one hundred fifty feet (150') from the banks' high-water mark classifies the entire piece of property as existing completely within the Indian Creek corridor and thus having to comply with all rules relating to development within the Indian Creek corridor. Landscaping plans submitted within said corridor are subject to landscape plan design review.
INDUSTRIAL PARK:	A tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, signage, utility needs, aesthetics, and compatibility.
INDUSTRY, CRAFTSMAN:	See "Manufacturing, Craftsman/Artisan" definition.
INDUSTRY, HEAVY:	See "Manufacturing, Heavy" definition.
INDUSTRY, INFORMATION:	The use of a site for processing data. The use includes, but is not limited to, publishing industries such as newspapers, books, music, internet, and software; recording and broadcasting studios; data processing centers, internet providers and other information systems.
INDUSTRY, LIGHT:	See "Manufacturing, Light" and "Manufacturing - Small-Scale" definition.
INFILL DEVELOPMENT:	Lots under twenty (20) acres within the City of Caldwell which are located in areas already largely developed (at least fifty percent (50%) of the land within three hundred feet (300') of the exterior boundaries of the subject property) and to which municipal services are already available.

 

INJURIOUS PEST OR DISEASE:	Organisms capable of seriously damaging the form or structural integrity of a tree.
INSTITUTIONAL USE:	A nonprofit, religious, or public use, such as a religious building, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purpose.
INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA):	A scientific and educational organization that has served the tree care industry for the past seventy (70) plus years. Among the services this organization provides is an arborist certification program. The City of Caldwell is reliant upon this society's certification process for establishing and certifying arborists' credentials necessary to providing fee arboriculture services in Caldwell.
IRRIGATION FACILITIES:	Includes canals, laterals, ditches, conduits, gates, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water.
JUNK:	Any old or discarded material; anything that is regarded as worthless, meaningless, or contemptible; trash; cheap, worthless, unwanted, or trashy; rubbish, litter, debris, refuse.
JUNKYARD:	Any lot, land, parcel, building, structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.
LABORATORY:	Establishment providing medical or dental laboratory services; or establishment with less than two thousand (2,000) square feet providing photographic, analytical, or testing services (see definition of Research Laboratory).
LANDSCAPE PLANTER ISLANDS:	Interior parking lot landscape islands encased in curbing material installed to provide visual relief from the expanse of asphalt, while protecting the landscape from vehicular injury.

 

 

LANDSCAPING BUSINESS:	Any business that operates to improve the appearance of an area through a combination of the planting of trees, shrubs, grass, or vegetative ground cover or by placement of nonvegetative ground cover or rock and/or altering the contours of the land; a business that adorns or improves a section of ground by contouring and planting grass, flowers, shrubs, trees or vegetative ground cover or placing nonvegetative ground cover or rock. Said business may include the possible accessory uses of storing necessary equipment (i.e., trucks, earthmoving equipment, trailers) or supplies (i.e., seed, rock, plants, etc.).
LAND USE ASSUMPTIONS:	A description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a twenty (20) year period.
LAUNDROMAT, SELF-SERVICE:	See "Personal Services" definition.
LAUNDRY, COMMERCIAL PLANT:	An establishment providing washing, drying, or dry-cleaning services to commercial clientele or the public for a fee or compensation.
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.
LEVEL OF SERVICE:	A measure of the relationship between service capacity and service demand for public facilities.
LIBRARY:	A place in which literary, musical, artistic or reference materials are kept for use, study, and research, but are not for sale.

 

LIGHT TRESPASS:	Light emitting from one (1) property that crosses the property line of another property in excess of 0.1 foot-candle as measured at a height of sixty (60) inches above grade in a plane at any angle of inclination.
LIQUOR STORE:	See "Retail Sales - Liquor Store" definition.
LIVESTOCK:	That class of animals that are kept and housed outside the home or in enclosures such as pens, barns, corrals, or paddock areas. Livestock includes, but is not limited to, chickens, cows, ducks, geese, goats, horses, llamas, peacocks, rabbits, roosters, sheep, swine and/or anything similar to the aforementioned. Livestock also includes any grazing or foraging animal.
LODGE:	See Club/Lodge definition.
LOT:	A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon and may or may not have an obtainable building permit available.
LOT AREA:	The total area within the lot lines of a lot, excluding any dedicated public street rights of way.
LOT, CORNER:	A lot or parcel of land abutting on two (2) or more streets at their intersection or on two (2) parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°).
LOT FRONTAGE:	That boundary of a lot along a public street. For a corner lot, the frontage shall be considered the shorter lot boundary along a public street. The minimum driveway width for a Flag Lot acts as the required lot frontage on a public street, regardless of the frontage requirement in the underlying zoning district. Frontage shall also mean any property line which abuts an existing or proposed public right-of-way.

 

LOT, INTERIOR:	A lot or parcel of land abutting one street.
LOT LINE:	A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT:	The lot line separating a lot from a street right-of-way.
LOT LINE, REAR:	The lot line opposite and most distant from the front lot line.
LOT LINE, INTERIOR SIDE:	Any lot line other than a front or rear lot line.
LOT LINE, STREET SIDE:	A lot line that directly abuts a public street or other accessway that is not utilized as frontage for the property.
LOT WIDTH:	The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel with the front lot line at the minimum required building setback line.
MACHINE SHOP:	A workshop in which work is machined to size and assembled.
MAJOR PATHWAY:	A pathway required in all subdivisions or developments that contain any type of residential dwellings that provides external, public pedestrian connectivity to and from and through the subdivision and/or development and is for the use of the public as well as the residents of the subdivision or development and their guests.
MANUFACTURED HOME:	A single-family dwelling unit, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of Idaho Code 39-4105 except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC section 5401 et seq. All land zoned for single-family residential uses, except for lands falling within an area defined as a historic district, shall allow for siting of manufactured homes. This shall not be construed as abrogating a recorded restrictive covenant. Manufactured homes shall also meet all of the following standards: (1)   The manufactured home shall be multisectoral and enclose a space of not less than one thousand (1,000) square feet. (2)   The manufactured home shall be placed on an excavated and backfilled permanent foundation. (3)   The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width. (4)   The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings, as determined by the planning and zoning director. (5)   The manufactured home shall have a garage or carport constructed of like materials if zoning ordinances would require a newly constructed non-manufactured home to have a garage or carport. (6)   The manufactured home and the lot or parcel upon which it is sited shall meet all development standards, architectural requirements and minimum size requirements to which a conventional single-family dwelling on the same lot or parcel would be subjected. (7)   Manufactured homes shall be permitted, as a single-family dwelling, on an individual lot in any zone that permits residential uses, either outright or by special use permit, unless otherwise restricted by covenants or plat dedications. (8)   Manufactured homes shall be subject to the requirements of a single-family dwelling located in the underlying zone, unless a variance has been applied for and approved. (9)   The owner of a manufactured home placed on an individual lot shall also be the owner or purchaser of the lot. The owner or purchaser of the manufactured home shall record, with the county recorder, a nonrevocable option declaring the manufactured home as real property. (10)   Manufactured homes are not recreational vehicles or trailers as defined in this section.

 

 

MANUFACTURED HOME PARK:	A site containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured homes or mobile homes. The site may include services and facilities for the residents.
MANUFACTURING:	Manufacturing Definitions are as follows:
MANUFACTURING, CRAFTSMAN/ ARTISAN:	An establishment, no larger than ten thousand (10,000) square feet, where shared or individual tools, equipment or machinery are used to make or grow products on a small scale, including the design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage, retail or wholesale sales and distribution of such products. The manufacturing or processing of materials must be contained indoors to prevent the emission of smoke, odor, dust, or noise from the property. Sales may be conducted as a retail component, wholesale, business to business, business to government, or entirely online.
MANUFACTURING, GENERAL:	Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.
MANUFACTURING, HEAVY:	The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that otherwise do not constitute "light manufacturing". Heavy manufacturing generally includes processing and fabrication of large or bulky products, products made from extracted or raw materials, or products involving flammable or explosive materials and processes which require extensive floor areas or land areas for the fabrication and/or incidental storage of the products. The term "heavy manufacturing" shall include uses such as refineries and chemical manufacturing.

 

 

MANUFACTURING, LIGHT:	The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place or where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products, predominantly from previously prepared materials, and includes processes which do not require extensive floor areas or land areas. The term "light manufacturing" shall include uses such as electronic equipment production, non-alcoholic beverages; paper imprinting; household appliances; leather products; jewelry; food and bakery products; and clothing apparel.
MANUFACTURING, MEDIUM:	The assembly, fabrication, or processing of materials or products predominately from extracted or raw materials. These activities may include outdoor assembly and storage of products. Outdoor manufacturing of raw materials into compost, primarily for commercial resale, is a medium manufacturing activity. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. Typical medium manufacturing uses include but are not limited to alcoholic beverages; glue; carpet; porcelain products for bathroom and kitchen fixtures; bleaching products; vegetable gelatin; dye stuffs; welding; furniture; and sporting goods.
MEAT PROCESSING AND PACKAGING:	Establishment for processing and packaging of meat for future sale, and/or distribution to retailers. Not including slaughtering. Also to include processing and packaging of poultry, fish, and wild game.

 

MEDICAL EQUIPMENT SALES AND RENTAL:	See "Retail Sales - Medical Equipment Sales and Rental" definition.
MEDICAL OFFICE:	See "office - medical/dental/healthcare" definition.
MICROBREWERY:	A facility that manufactures up to five thousand (5,000) barrels of fermented malt beverages per year on premises for either on or off premises retail sale or consumption, and where food is prepared, served, and consumed.
MICRO PATHWAY:	Any pathway within a subdivision or development meant to provide internal pedestrian connectivity and meant only for the residents of the subdivision or development and their guests (not intended for public use).
MINISTORAGE, INDOOR:	See Storage, Self-Service Indoor definition.
MINISTORAGE, TRADITIONAL:	See Storage, Self-Service Traditional definition.
MIXED USE:	The use of a site or building, which integrates a variety of two (2) or more residential, commercial, cultural, institutional, public, entertainment, and/or industrial land uses. Mixed use takes on a variety of forms, but often is categorized as one of three types: vertical mixed-use, horizontal mixed-use, and mixed-use walkable.
MOBILE FOOD UNIT:	A vehicle or a readily portable structure solely for the purpose of the preparation and sale of food and beverages; as an accessory use located on the same lot and in conjunction with an allowed use; or located on a lot independent of another use. Mobile food units shall be subject to all provisions set forth in section 10-02-13 of this chapter.

 

 

MOBILE HOME:	A factory assembled structure or structures constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The following also applies to mobile homes: (1)   Mobile homes do not meet the criteria for manufactured homes and are not recreational vehicles or trailers as defined herein. (2)   Mobile homes may be permitted in any zone that permits residential uses, unless otherwise restricted by covenants or plat dedications, if a special use permit is applied for and approval has been granted. (3)   Mobile homes shall be subject to the same requirements as a single-family dwelling located in the underlying zone unless a variance has been applied for and approved. (4)   Mobile homes are not recreational vehicles or trailers as defined in this section.
MODULAR BUILDING:	Any building or building component, other than a manufactured home or mobile home as separately defined herein, which is constructed according to standards contained in the building code, as adopted by the city or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
MODULATION:	Modulation means a stepping back or projecting forward of sections of the facade of a structure within specified intervals of structure width and depth, as a means of breaking up the apparent bulk of the continuous exterior walls

 

MONUMENT PRODUCTION:	The use of a site for the production of monuments or other physical structures that are typically designed to commemorate, honor, or symbolize a person, event, place, or concept of personal, historical, cultural, or social significance, in the form of statues, memorials, plaques, tombstones, or other architectural or artistic structures.
MORTUARY:	An establishment in which deceased human bodies are kept and prepared for burial or cremation.
MOTEL:	An establishment providing sleeping accommodation for a fee or compensation. Generally, no other services are provided.
MOTORCYCLE:	A motorized bike designed for on road use and licensed by the state.
MULCH:	A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots and the growth of weeds.
MULTI-FAMILY DEVELOPMENT:	A residential development containing three (3) or more residential structures on a single parcel or a residential subdivision where the individual lots are developed with residential structures that includes three (3) or more dwelling units.
MURAL:	A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression. See also "Mural" definition under "Signs". Mural permits are required prior to the installation of such.
MUSEUM:	An institution devoted to the procurement, care, study, and display of objects of lasting interest or value.
NATURAL AREA:	An area that possesses unimproved natural features that include existing wetlands, rock outcroppings, ponds and creeks, or groves of trees left undeveloped in their natural state.

 

 

NOISE SENSITIVE:	Those uses of real property identified and subject to section Chapter 10, Article 11 of this chapter. Noise sensitive uses do not include accessory uses of real property where the primary use on the property is not noise sensitive.
NONCONFORMING BUILDING OR STRUCTURE:	A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING LOT:	A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING USE:	A use or activity that was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.
NUISANCE:	Any condition or use of the premises which is detrimental to the premises of others or which causes, or tends to cause, material diminution in the value of other premises in the neighborhood or which creates a condition tending to promote blight and deterioration, invites plundering, creates fire or traffic hazards, constitutes an unattractive nuisance, creates a harbor for rodents or insects or otherwise is injurious to the health, safety and general welfare of the inhabitants of the city. This shall include all nuisances on private property, and nuisances situated on public property adjacent to or contiguous with private property including sidewalks, parking areas, areas behind curbs, and property to the center of alleys and ditches.

 

NURSERY, RETAIL:	See "Retail Sales - Nursery" definition.
NURSERY, WHOLESALE:	See "Wholesale Sales - Nursery" definition.
NURSING AND RESIDENTIAL CARE FACILITY:	A facility where individuals receive assistance in performing the routines of daily life, and where meals, personal care, and supervision of self-administered medication is provided. The use includes, but is not limited to, children's treatment facilities, nursing homes, residential care facilities, facilities for those recovering from illness or injury who do not require continued hospitalization, and drug and alcohol treatment facilities. They may also provide other services, such as recreational activities, financial services assistance, and transportation.
NURSING HOME:	An institution or a part of an institution that is licensed or approved to provide healthcare under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
OFF STREET LOADING:	Designated areas located adjacent to buildings, and separate from public streets, public rights of way and future public rights of way, where trucks may load and unload cargo.
OFF STREET PARKING:	Parking required for a specific use and not located on public streets, public rights of way and/or future public rights of way.
OFFICE - BUSINESS, PROFESSIONAL:	See "Professional Services" definition.
OFFICES (MEDICAL/DENTAL/ HEALTH CARE):	A property designed and used for the medical, dental, or surgical diagnosis or treatment of patients under the care of doctors and/or nurses, or for the provision of other healthcare related services. This does not include hospitals.

 

 

OUTBUILDING:	A separate accessory building or structure not physically connected to the principal building and shall comply with section 10-02-04 of this chapter.
OUTDOOR STORAGE:	The keeping, in an unenclosed area, of any goods, junk, material, or merchandise in the same place for more than twenty-four (24) hours. Such items shall be stored within a sight obscuring fence as defined in this section.
OVERLAY ZONE:	A zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond those required for the underlying zone.
PACKAGING BUSINESS:	An establishment that provides mailing, packaging, and subsequent shipping services to the public. No distribution or warehousing takes place at these establishments.
PARADE ROUTE:	The streets upon which a city sanctioned parade, per Caldwell City Code Section 09-13-01, shall be travelling, and the area within five hundred (500) feet of the centerlines of said streets. The parade route shall be deemed to exist for the twenty-four (24) hours immediately prior to the start of a parade, during a parade, and for the twenty-four (24) hours immediately following a parade.
PARCEL:	A tract or portion of land of not any precise size. Land other than a platted lot. Sometimes called section land, parcels are generally described by a metes and bounds legal description, aliquot parts or references to quadrangular survey measurements utilizing sections, townships, and ranges or government lots.
PARK:	A tract of land owned or controlled and used by specific and designated entities or persons for active and/or passive recreational purposes or community gardens; can also be owned by a branch of government and available to the public for recreational purposes.

 

 

PARKING GARAGE:	A building or structure consisting of more than one level and used to temporarily house vehicles.
PARKING GARAGE, PUBLIC:	A public or quasi-publicly owned and/or operated building or structure consisting of more than one level and used to temporarily house vehicles.
PARKING LOT:	An off street, ground level open area that provides temporary housing for vehicles that serve a specific use, building, or business.
PARKING LOT, PUBLIC:	A public or quasi-publicly owned and/or operated, off street, ground level open area that provides temporary housing for vehicles that do not serve a specific use, building, or business, but is open to the public.
PARKING LOT, STAND ALONE:	An off street, ground level open area that provides temporary housing for vehicles that does not serve a specific use, building, or business.
PARKWAY (Also known as the PARKING STRIP AREA):	That portion of public right-of-way situated between the curb line of any street and the property line abutting and adjoining any street. In the absence of a curb, the curb line of a street shall be deemed to be the edge of that portion of public right-of-way maintained and open to the use of the public for purposes of vehicular travel. The purpose of the parkway is to increase pedestrian safety and to improve the visual aesthetics and environmental quality of roadways through landscaping.
PAWNSHOPS:	Establishments licensed by this code and engaged in the buying or selling of new or secondhand merchandise (not including passenger vehicles), and offering loans secured by personal property.

 

 

PAYDAY LOAN AND TITLE LOAN ESTABLISHMENTS:	"Payday loan establishment" means an establishment licensed to make payday loans pursuant to part 4 of chapter 46, title 28, Idaho Code. "Title loan establishment" means an establishment licensed to make title loans pursuant to part 5 of chapter 46, title 28, Idaho Code. "Payday loans" mean a payday loan as defined in Idaho Code section 28-46-401. "Title loan" means a title loan as defined in Idaho Code section 28-46-502. This definition is not exclusive to payday and title loan establishments and shall include all establishments regulated by the Idaho Department of Finance whose primary purpose is to provide short-term loans or cash advances.
PEDESTRIAN TUNNEL:	An underground passageway, dug through the surrounding soil/earth/rock and enclosed except for entrance and exit, commonly at each end, and used exclusively for pedestrian or bicycle traffic.
PERMITTED USE:	Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district and by the provisions of this chapter.
PERSONAL SERVICES:	A use that provides non-professional services directly to the consumer, including but not limited to hair, skin and nail care, massage therapy, tailoring, repair of shoes and other household items, electronics repair, bicycle repair, self-service or drop-off laundry (including off-site dry cleaning), travel agencies, locksmiths, printing, copying, and photographic services, mailing and shipping services, or similar services, but not including the servicing of automobiles or other activities involving the use of hazardous materials on the premises, distribution or warehousing.

 

 

PET:	Pets generally include those animals that are typically housed indoors. Pets also include certain animals that may be housed outdoors. Those certain animals, in limited numbers only, are cats; chickens; dogs; ducks; geese; goats; miniature horses; pigeons, doves or similar; potbellied pigs; rabbits or similar; reptiles (nonprohibited only); rodents (nonprohibited only); sheep; or, such equivalent small animals or poultry as determined by the planning director or his/her authorized designee. Animals deemed to be pets shall comply with the performance standards as set forth in this section and only qualify as pets in the maximum number allowed in this section.
PET GROOMING FACILITY:	A business establishment, other than a commercial kennel or animal hospital, which provides basic grooming for domestic animals, but does not allow the boarding of animals. For the purpose of this title, a veterinary clinic that provides basic grooming is not a pet grooming facility.
PHARMACY:	See "Retail Sales - Pharmacy" definition.
PHASED DEVELOPMENT:	The developing or subdividing of a lot, tract, or parcel of land in phases or the controller's development, redevelopment, subdivision or resubdivision of contiguous parcels.
PHOTOGRAPHIC STUDIO:	An establishment for taking or developing photographs on site for a fee or compensation.
PLANNED UNIT DEVELOPMENT:	A development that demonstrates innovation and creativity in site design to protect natural features, preserve open space, and create public amenities and includes a mix of uses, with no more than seventy percent (70%) of the development devoted to a single type of land use. For example, a residential planned unit development could have seventy percent (70%) residential uses but must have thirty percent (30%) of the land uses dedicated to non-residential (commercial and/or industrial) type land uses.

 

PLANT:	Any tree, shrub, lawn, or other vegetative ground cover that is not poisonous, toxic or otherwise a nuisance.
PLAYHOUSE:	An accessory use to a residential dwelling. A playhouse is not a dwelling unit and shall conform with all accessory use standards as outlined in section 10-02-04 of this chapter.
PRESCHOOL:	A school for children younger than those five (5) years in age, either public or private, which provides education and instruction for compensation.
PRESENT VALUE:	The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction, or money.
PRESENTATION STREETS:	Areas that may be considered for future historical designation including Blaine Street and Cleveland Boulevard between 12th Avenue and 21st Avenue, and 21st Avenue from Cleveland Boulevard to Franklin Road (the lasso).
PRINCIPAL USE:	The primary or predominant use of any lot or parcel.
PRINCIPAL STRUCTURE:	The main structure or building on a lot or parcel in which the primary/principal use occurs.
PRINTING AND BLUEPRINTING:	An establishment used for the printing of paper and related products and those technical and architectural drawings related to blueprinting. The use includes the operation of specific equipment designed to accommodate commercial level printing operations and expertise.
PROCESSING, GENERAL:	A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.

 

 

PROFESSIONAL SERVICES:	Offices maintained and used as a place of business for professionals including, but not limited to, engineers, attorneys, architects, certified or licensed public accountants, landscape architects and other design services, management services, occupational therapists, geologists, surveyors, real estate agents, realtors, financial planners or advisors, appraisers, social workers, and other persons providing services that commonly require specialized training or professional certification. Professional offices do not include offices maintained and used as a place of business for medical, dental or health care related professions, which are addressed under the definition for "Office - medical/dental/health care".
PROJECT:	A particular development on an identified parcel of land.
PROJECT IMPROVEMENTS:	Site improvements and facilities that are planned and designed to provide a service for a project and that are necessary for the use and convenience of the occupants or users of the project.
PROJECTION:	Architectural details such as cornices, balconies, eaves, chimneys, pop out windows, and similar which do not include footings and project from the main building wall facade.
PROPERTY OWNER:	An individual, person or persons, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development or subdivision of land. The owner may assign, in writing, application submittal and subdivision development authority to an applicant who is not the owner. To the extent an owner is applying for subdivision of property in its own name, such owner shall be the "applicant" for purposes of this chapter.

 

 

PROPORTIONATE SHARE:	That portion of the cost of system improvements determined pursuant to section 67-8207, Idaho Code, and section 10-09-05 of this article, which reasonably relates to the service demands for public facilities of a project.
PUBLIC ADMINISTRATIVE OFFICE:	Any building housing public or quasi-public land uses and used primarily for administrative. Accessory uses are permitted when associated with a permitted public administrative office.
PUBLIC FACILITY/BUILDING:	Any building, other than as defined under "public administrative office", used exclusively for public purposes by any public or quasi-public agency or department. This includes all branches of government (federal, state, municipal, and county services), publicly operated community centers or convention centers; courts; fire stations; law enforcement; library; park and ride lots; parks and recreation facilities, post offices; transit stations and similar uses. This definition does not include public schools or education facilities.
PUBLIC PROPERTY:	Any property owned by, dedicated to, or deeded to the public or for the public's use. City parks, public right-of-way, cemeteries, libraries, and other public owned, controlled, leased, or managed properties are included in this definition. This definition excludes any federal, state or county owned properties except where otherwise provided by contract or law.
PUBLIC RIGHT-OF-WAY:	Improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public's use, for the purpose of providing vehicular, pedestrian, and other public use. Right-of-way is utilized for placement of streets, alleys, sidewalks, trees, parkways, lawn, public utilities, cut and fill slopes, and open space. Right-of-way is acquired in keeping with the roadway's functionality as listed on the Canyon County functionally classified roadway map or any functional class/street highway master plans adopted by the city of Caldwell.

 

 

PUBLIC UTILITY YARD:	Buildings, structures, or facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.
RAILROAD YARD/SHOPS:	The use of a site with comprehensive facilities dedicated to the organization, storage, sorting, and maintenance of locomotives, railcars, and associated equipment used in the operation of a railroad network including, but not limited to, machine shops, paint shops, wheel and axle shops, locomotive shops, and railcar and locomotive storage yards.
RECREATION EQUIPMENT RENTAL, SALES, AND SERVICE:	See "Retail Sales - Recreation Equipment Rental, Sales and Service" definition.
RECREATIONAL FACILITY:	A place designed and equipped for the conduct of sports and leisure time activities, generally operated as a business and open to the public for a fee. Public recreational facilities are usually owned and operated by a governmental agency, but not necessarily so. May be operated by a private organization and open only to bona fide members and guests. May be provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests. See also definition of "Arts, Entertainment and Recreation Facilities".
RECREATIONAL VEHICLE (RV):	Those vehicles with a vehicular type of portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. This definition shall also include motorized boats, jet skis, and similar watercraft.

 

 

RECREATIONAL VEHICLE (RV) PARK/ CAMPGROUND:	Any lot or parcel of land upon which two (2) or more sites are located, designed, established, or maintained for the purpose of supplying a location or accommodations recreational vehicles and its occupants to park overnight as temporary living quarters for recreation or vacation purposes. The term includes all buildings and open space used or intended for use as part of the RV park/campground.
RECREATIONAL VEHICLE SALES:	A lot or parcel used by an authorized dealer/dealership that is primarily in the business of selling new and/or used motorhomes, boats, trailers, ATV's, dirt bikes, UTV's, and related equipment, parts, and accessories. A building housing a sales office, showroom, and repair/service area may be included as part of the dealership. The dealership may also provide rental and/or leasing services.
RECREATIONAL VEHICLE PARK UNIT:	A section of ground in a recreational vehicle park of not less than one thousand two hundred fifty (1,250) square feet, having a width of not less than twenty-five feet (25') and a depth of not less than fifty feet (50') of unoccupied space in an area designated as the location for one automobile and recreational vehicle or one motorized recreational vehicle.
RECYCLING OPERATION:	A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products, including, but not limited to, paper products, glass, metals, plastics, and e-waste.
REFRIGERATED STORAGE:	An establishment that provides for the secured, long term or short-term storage of items requiring constant refrigeration.
RENDERING PLANT:	A factory or plant that renders and processes livestock carcasses into tallow, hides, fertilizer, etc.

 

 

RENTAL LOT:	See definition of Automotive Rental Lot.
RESEARCH & DEVELOPMENT:	A facility engaged in research and development of engineering and product development and manufacturing in technologically intensive fields including, but not limited to, medical and biomedical fields, information systems, computer software, and telecommunications. Supportive administrative and corporate functions may be accessory uses to this use.
RESEARCH LABORATORY:	A facility for investigation into the natural, physical, or social sciences.
RESIDE/RESIDENCE:	Living or dwelling in a certain place permanently or for a considerable length of time; a fixed and permanent dwelling-place.
RESIDENTIAL UNITS:	Any structure or improvement upon real property used or suitable for the habitation of people.
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.
RESTAURANT:	An establishment where food and/or drinks are prepared, served, and consumed, for compensation, mostly within the principal building. Restaurants include but are not limited to; limited-service restaurants, full-service restaurants, cafes, espresso shops, pastry shops, ice cream shops, delicatessens, and similar. Restaurants may have indoor and/or outdoor seating.

 

RESTAURANT, DRIVE-IN/DRIVE-UP, OR DRIVE-THROUGH:	A restaurant or carry-out restaurant dispensing prepared food and/or beverages for consumption at the time of sale - where the customers are either served in, or have product delivered to their vehicle, or at a drive-through window.
RESTORATION:	The replication or reconstruction of a building's original architectural features.
RETAIL SALES AND SERVICES:	The following are the retail sales categories:
RETAIL SALES - BAKERY OR BAKERY GOODS STORE:	An establishment that principally bakes and/or sells baked goods to be generally consumed off site.
RETAIL SALES - BIG BOX RETAIL:	Retail sales establishments in freestanding industrial style buildings, with floor areas of approximately eighty thousand (80,000) to two hundred thousand (200,000) square feet.
RETAIL SALES - BUILDING SUPPLY OUTLET:	A commercial establishment storing and offering for sale building supplies, coal, heavy equipment, feed, grain, and similar goods for wholesale or retail sale. This does not include hardware stores but may include home and garden centers, lawn and garden equipment sales, lumberyards, building materials, and small-scale farm supply stores.
RETAIL SALES - CONVENIENCE STORE:	A retail establishment of up to five thousand (5,000) square feet selling primarily food products, household items, newspapers, magazines, candy, beverages, and a limited amount of freshly prepared foods, such as sandwiches and salads, for off premises consumption. This use does not include the sale or dispensing of gasoline or diesel.
RETAIL SALES - CONVENIENCE STORE, WITH GASOLINE:	A retail establishment of up to five thousand (5,000) square feet selling primarily food products, household items, newspapers, magazines, candy, beverages, a limited amount of freshly prepared foods such as sandwiches and salads for off premises consumption, and the sale and dispensing of gasoline or diesel.

 

RETAIL SALES - DURABLE MEDICAL EQUIPMENT:	An establishment engaged in the selling, renting, or repairing of equipment for patient mobility including lift chairs, scooter lifts, hospital beds, patient lifts, manual and power wheelchairs, and bath lift safety products as well as applicable accessories.
RETAIL SALES - EQUIPMENT SALES, RENTAL AND SERVICE:	The use of a site for the sale, rental, storage, or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment.
RETAIL SALES - FURNITURE SHOP:	A retail establishment engaged in selling new or used furniture. The production, manufacturing, or repair of furniture does not take place in a furniture shop. For the purposes of this chapter, furniture shops are not classified as "Secondhand/Thrift Stores".
RETAIL SALES - GENERAL:	Establishments primarily engaged in the selling of goods, products, or merchandise directly to the consumer, and in rendering services incidental to the sale of such goods. This definition shall apply to all retail uses unless a more specific definition is defined herein or is identified in the "Land Use Schedules" within this chapter.
RETAIL SALES - GROCERY STORE:	A retail establishment, over five thousand (5,000) square feet in size, primarily selling fresh, frozen, canned, and packaged foods and produce.
RETAIL SALES - HARDWARE STORES:	Establishments for retail sales of minor home and commercial building supplies. This does not include building supply outlets.
RETAIL SALES - LIQUOR STORE:	An establishment for either retail or wholesale sales of packaged liquor and alcohol and no consumption takes place on site; operated and regulated by the State of Idaho, per Title 23 of Idaho State Statute.
RETAIL SALES - LUMBERYARD:	An area and/or structures or buildings used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products.

 

 

RETAIL SALES - MEDICAL EQUIPMENT SALES AND RENTAL:	An establishment engaged in the selling or renting of medical supplies and equipment including blood pressure devices, scrubs, uniforms, scopes, gloves, masks, diagnostic machines, X-ray machines, thermometers, surgical shoes, and the like.
RETAIL SALES - NURSERY:	The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the public.
RETAIL SALES - PHARMACY:	A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices, some medical supplies, and nonprescription medicines but where nonmedical products may be sold as well.
RETAIL SALES - RECREATION EQUIPMENT RENTAL, SALES, AND SERVICE:	The use of a site for the sale, rental or servicing of self-propelled recreation equipment including, but not limited to, bicycles, skates, and kayaks.
RETAIL SALES - SECONDHAND/ THRIFT STORES:	Retail sales of previously used merchandise, such as clothing, furniture, appliances, household goods, sporting goods, recreational equipment, or other merchandise that is in decent condition or has been restored or reconditioned to a clean and usable condition. This definition excludes pawnshops but shall include antique, vintage, and consignment stores.
RETAIL SALES - SHOPPING CENTER:	A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

 

RETAIL SALES - SHOPPING MALL:	A shopping center where stores front on both sides of a pedestrian way, which may be enclosed or open.
RETAIL SALES - TOBACCO SHOP:	An establishment for either retail or wholesale sales of loose tobacco, plants, cigars, cigarettes, pipes, e-cigarettes, and other smoking devices for burning tobacco and related smoking accessories. The use includes, but is not limited to, hookah bars and hookah lounges.
REZONE:	To change the City of Caldwell zoning classification of particular lots or parcels of land.
RIGHT-OF-WAY:	See definition of Public Right-of-way.
ROOMING HOUSE:	See definition of Boarding House.
ROUND TABLE MEETING:	An informal pre-application meeting scheduled through the planning and zoning department wherein staff from the fire department, engineering department, building department and planning and zoning department are present to provide comments, ordinance requirements, code requirements, policies, and standards to applicants relative to proposed projects. The round table meeting is not a formal plan review and information presented by staff in the round table meeting may change upon formal plan review and/or when more details become available.
SALVAGE YARD:	A facility or area for storing, selling, dismantling, shredding, compressing, or salvaging scrap, discarded material, or equipment.
SAND OR GRAVEL YARD:	An area that is being used for the purpose of removing the sand or gravel from the land for wholesale or retail use; excavating and removing rock, stone, ore, soil, gravel, sand, minerals, and similar materials from the surface and/or subsurface for profit. Extractive industries are quarries, sand and gravel pits, mines, and soil removal operations. They are intensive operations that may generate large amounts of truck traffic, noise (including blasting), and dust. Much of the activity may result in odors from asphalt plants, noise and dust from sifters, crushers, and loading and unloading trucks, as well as runoff from washing material and cleaning operations and water sprayed to keep dust down. Blasting can be particularly bothersome to adjacent properties.

 

 

SANITARY LANDFILL:	A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternating layers of specified depth in accordance with an approved plan.
SCHOOLS/EDUCATIONA L FACILITY, PRIVATE:	Any building or part thereof that is designed, constructed, or used for education, the use of which meets state requirements for elementary or secondary education, and which does not secure a major part of its funding from any governmental agency; does not include homeschools.
SCHOOLS/EDUCATIONA L FACILITY, PUBLIC:	Any building or part thereof that is designed, constructed, or used for education, the use of which meets state requirements for elementary or secondary education, and which secures a major part of its funding from any governmental agency (includes charter schools).
SCHOOLS - POST SECONDARY:	Post secondary schools include colleges, universities and professional schools; technical, trade, and vocational schools; business schools and computer and management training; and fine arts schools and studios.
SCHOOLS - PRIMARY AND SECONDARY:	Any building or part thereof that is designed, constructed, or used for education, the use of which meets state requirements for elementary or secondary education. Primary and Secondary schools may be private or public as defined under "Schools/Educational Facility, Private" and "Schools/Educational Facility, Public".

 

SECONDHAND/THRIFT STORES:	See definition of "Retail Sales - Secondhand/Thrift Stores."
SECURITY GUARD QUARTERS:	An ancillary building or structure occupied by a watchperson and/or caretaker employed for the purpose of providing security to a primary use and excludes home occupations as defined herein. Security guard quarters may be integrated within the primary business structure or may be separate from the business structure. The quarters shall meet all requirements for a dwelling unit in the city building and fire codes.
SERVICE AREA:	The territory within the limits of the city where public services are provided.
SETBACK:	The distance between a building's outermost edge of the outermost foundation wall and any lot line.
SHED:	An accessory structure or building used primarily for storage purposes (dwelling and human habitation is strictly prohibited) which conforms to section 10-02-04 of this chapter.
SHOOTING RANGE, INDOOR:	An indoor facility specifically designed to include impenetrable walls, floors, and ceilings, adequate ventilation, lighting systems, and acoustical treatment for sound attenuation for the discharging of firearms or archery at targets within a building for sport or recreation. Not an amusement center facility.
SHOPPING CENTER:	See "Retail Sales - Shopping Center" definition.
SHOPPING MALL:	See "Retail Sales - Shopping Mall" definition.
SHRUB:	A multiple stemmed, woody plant whose height at maturity is between three (3) and fifteen feet (15').

 

 

SIDEWALK SALE:	Occasional, temporary display of retail merchandise or services offered for sale on the exterior of, but on the same property as, a permanent building which houses such sales or services. Sidewalk sales may include a temporary structure, such as a canopy or tent. Sidewalk sales shall meet all of the following standards: (1)   The business that will conduct the sidewalk sale shall be a permitted principal use. (2)   Sidewalk sales shall take place on the same premises/lot as the "permanent" business to which it is related. (3)   Merchandise, temporary structures or other items related to a sidewalk sale shall be located a minimum of twenty-five feet (25') from a residential property line. (4)   Merchandise, temporary structures or other items related to a sidewalk sale shall be located in such a manner to provide a minimum clearance of three feet (3') for pedestrian travel on walkways. (5)   Merchandise, temporary structures, or other items related to a sidewalk sale shall be relocated within the principal structure at the end of each business day and shall not be left out in the elements overnight.
SIGNS:	The following definitions apply to signs:
ABANDONED SIGN:	A sign that no longer identifies or advertises a business, lessee, service, owner, product, or activity currently existing on the property for which the sign is intended to refer.

 

 

ANIMATED READER BOARD SIGN:	Any sign which uses continuous, or nearly continuous movement, an intermittent or sequential flashing of the light source, or other visual change, which is clearly intended to depict action, create a special effect or scene, or otherwise attract attention or electronically change the advertised message.
AWNING OR CANOPY SIGN:	A sign that is mounted, painted, or attached to an awning, canopy, or marquee.
BANNER SIGN:	Any sign of lightweight fabric or similar material with no enclosing framework, that is mounted to a building or other structure at one or more edges, but not including those representing a nation, state or other officially recognized public body or institution, or any legitimate public purpose.
BILLBOARD:	Any sign used to identify or communicate about an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located or on which space is leased or rented. Most billboards are also off-premises signs.
BLADE SIGN:	A sign six (6) square feet or smaller, which is suspended from an overhang, canopy, marquee, or is suspended from a mounting attached directly to the building wall and hangs perpendicular to the building wall.
BUSINESS SIGN:	A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises.
CHANGEABLE COPY SIGN:	A sign, such as a bulletin board or public announcement device, where the message or graphics is not permanently affixed to the structure, framing or background, where the message may be replaced periodically, either manually or mechanically and provided such sign does not constitute an animated or flashing sign as defined herein.

 

 

COMMUNITY (PUBLIC) WORKS OF ART:	Original works of art in any artistic medium (bronze, stone, paint, etc.) for temporary or permanent placement in outdoor or indoor settings. Public art is accessible to all members of the public and it aims to enrich the community by evoking meaning in the public realm. Art can take a variety of forms, including as an aesthetic element to a functional public work, to include, but not be limited to: architectural design features (embedded relief sculptures), landscape features, streetscape design features (benches, artist gardens), site specific monumental works (sculptures), community enhancement projects (artistic designed/painted sewer covers, embedded logos within the streets). Such artworks can include water elements and walkways. Permits are required for all community public works of art.
CONSTRUCTION SIGN:	An informational sign which is erected in conjunction with a building being proposed for construction or during the building construction period.
DILAPIDATED OR DETERIORATED SIGN:	A sign which is shabby, neglected, or in disrepair, or which fails to be in the same form as originally constructed, or which fails to perform its intended function of conveying a message. Any sign which in the opinion of the city has any of the following characteristics: (1)   Where elements of the surface or background can be seen, as viewed from the normal viewing distance, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; (2)   Where the structural support or frame members are visibly bent, broken, dented, or torn; (3)   Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition;

 

 

	(4)   Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support); (5)   Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or (6)   Where the sign is torn, ripped, faded, or fallen into ruin or decay, as from age, wear, or neglect.
DIRECTORY SIGN:	A sign that is compatible with the design theme of the development, may include multiple tenants, and is located at the entrance of the development.
FREESTANDING (POST) SIGN:	A sign supported from the ground or any nonmovable sign not affixed to a building.
HANGING AND SUSPENDED SIGNS:	A sign that is used to help define entries and identify business names to pedestrians. They are small and hang over the building entry if the appropriate clearance is provided.
ILLUMINATED SIGN:	A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
MONUMENT SIGN:	A sign with a continuous at grade base, and independent of any structure. Supporting elements, including bases, may not exceed three feet (3') in height and are included in measurement of sign height. Supporting elements, including bases, shall be constructed with materials that are architecturally compatible with the principal structure.
MURAL:	A pictorial or graphical representation applied to or painted on and made an integral part of an exterior wall. A mural shall be considered a wall sign if it contains words, logos, trademarks or graphic representations of any person, product or

 

 

	service(s) that identifies or advertises the building upon which it is or is to be located. A mural that does not represent any of the above may be classified as art. Mural permits are required prior to the installation of such.
NAMEPLATE:	A permanent, fixed copy sign indicating only the name, address and/or profession of the resident or residents, or the name and/or address of the site or building user(s).
NONCONFORMING SIGN:	A sign, which was erected legally, but no longer complies with subsequently enacted sign restrictions and regulations.
PERMANENT SIGN:	A name, identification, description, display, illustration, or device which is intended for a permanent period of display. Any sign that is not considered a temporary sign or a real estate sign shall be considered permanent.
POLE SIGN:	A freestanding sign that is supported from the ground by pole(s) or a three-dimensional support structure that is not attached to a building and does not fit the definition of a monument sign.
PORTABLE SIGN:	Any sign designed to be transported, not permanently attached to the ground or other permanent structure, including, but not limited to: (1)   Signs with wheels, either attached or removed on site; (2)   Signs with transportable chassis or support constructed without wheels; (3)   Signs designed to be transported by trailer on wheels or manually; (4)   A-frame, sandwich board signs; (5)   Signs on balloons and umbrellas.

 

 

PROJECTING SIGN:	A sign greater than six (6) square feet other than a wall sign or blade sign that projects from and is supported by the wall of a building or structure.
PUBLIC REGULATION AND INFORMATION SIGN:	A sign erected by a public authority, or by a public service organization granted permission by a public authority, within a public right-of-way, or on private property when required by law, and intended to control traffic, direct, identify or inform the public, or provide a needed public service as determined by the rules and regulations of the sponsoring public authority.
ROTATING SIGN:	A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.
SIGN:	Any object, device, display, type of material, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Excludes national or state flags, window displays (but not window signs) or official announcements or signs of government. Excludes merchandise displays, murals as defined herein, and community works of art as defined herein.
SIGN FACE:	The area of the sign that includes the smallest rectangle(s) within which sign words or other sign copy components can be enclosed, except pole signs where the sign face includes the area of the entire sign structure above the pole on which the sign is mounted.
SUBDIVISION ENTRY SIGN:	A monument or wall sign located at a main entrance of a residential, industrial, or commercial subdivision.

 

 

TEMPORARY SIGN:	A sign which is designed to be used only for a limited period of time, defined herein as "temporary", and is not, nor intended to be, permanently attached to a building, structure, or the ground. A "banner sign", plywood sign, "portable sign", certain changeable copy signs, and yard signs all as regulated and defined in this section may be considered a temporary sign.
UNSIGHTLY SIGN:	Any sign which is in whole or in part: weak, unsafe, broken, inferior or old, torn, worn, faded or otherwise unpleasant or unattractive to look at. Unsightly signs shall be prohibited and are considered a nuisance.
WALL SIGN:	A sign erected parallel with the surface of a wall or other vertical or nearly vertical surface of a structure, and not extending more than what is necessary for the construction and support of that affixed wall sign. A wall sign also includes any signage or advertising painted directly on the surface of any wall. Murals and art shall obtain separate review and approval through the application of a Mural / Art permit.
WAYFINDING SIGNAGE:	A sign, map, or marker designed, constructed, installed and managed by the city or city designee, and located on city property or right-of-way placed by the city that guides the traveling public to key civic, cultural, visitor, and recreational destinations; educational, scholastic or artistic events; community or public interest activities or destinations; designated or recognized civic routes or trails; areas of historical or archaeological significance; or trade shows, events and festivals.
WINDOW SIGN:	A sign painted, mounted, or affixed to a window, including windows within doors or any sign sufficiently near the inside of a window as to make such sign clearly and/or intentionally visible, and easily read, by motorists and pedestrians outside of the building.

 

SKYWAY, SKYBRIDGE, SKYWALK:	A structure that is used for pedestrian access that extends across or over public rights-of-ways or alleys and will be accessory to a principally permitted or specially permitted use.
SLAUGHTERHOUSE:	Business or establishment for wholesale packaging of meat for future sale, including slaughtering, processing, and/or distribution to retailers. Building where animals are butchered.
SMALL ENGINE/EQUIPMENT REPAIR:	An establishment for repair and maintenance of small engines and equipment such as lawnmowers, snowblowers, chain saws, and the like. This does not include any type of automotive or vehicular engine/equipment repair.
SOCIAL SERVICES:	A use that generally includes those services which help people become more self-sufficient, prevent dependency, strengthen family relationships, and restore individuals, families, groups, or communities to successful social functioning. Such social services may include, but are not limited to, the following specifically defined services: Homeless shelter, food distribution facility, and food service facility.
SOFTSCAPE MATERIALS:	Bark, wood chips, mulch, and similar materials.
SPA:	See definition of "Personal Services".
SPECIAL USE:	A use which requires review, appraisal, and approval with conditions by the commission or hearing examiner, in a public hearing format. Approval must be obtained, and the conditions of approval must be completed before such a use can be implemented. See section 10-03-04 of this article for special use permit procedures and standards.
STORAGE, SELF-SERVICE, INDOOR:	A facility containing individual, secured, and private storage spaces of varying sizes that are leased or sold. These types of facilities generally have climate-controlled units, have walk-up access within an enclosed building, and may be multi-story. Also known as "Ministorage, Indoor".

 

 

STORAGE, SELF-SERVICE TRADITIONAL:	A facility containing individual, secured, and private storage spaces of varying sizes that are leased or rent sold. These types of facilities generally contain multiple single-story buildings with mostly drive-up units which have natural ventilation but are not climate-controlled and may also contain areas for the storage of RVs or other type vehicles. Also known as "Ministorage, Traditional".
STORY:	That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including basements used for the principal use.
STREET, ARTERIAL:	Any street, existing or proposed, with a primary purpose of carrying through traffic. A general term that, when referenced herein, shall include expressways, major and minor arterial streets, interstate, state or county highways, and other arterial classifications having regional continuity.
STREET, COLLECTOR:	Any street, existing or proposed, with a primary purpose to intercept traffic from integrating local streets and carrying that traffic to an arterial street.
STREET, LOCAL:	Any public street, other than an arterial or collector, which provides access to abutting property and principally serves local traffic.
STREET, PRIVATE:	An access roadway which provides both access and street frontage for individual lots. Private streets are owned and maintained by private individual(s) or entities and not by governmental entities.
STREET LANDSCAPE BUFFER:	A permanent landscaped area located along property boundaries that have frontage on a classified public roadway or are adjacent to right-of-way.

 

 

STREET TREE LIST:	The list of acceptable trees to be located within the public right-of-way (see the Treasure Valley Tree Selection Guide).
STRUCTURE:	An object constructed or installed by man, including, but not limited to, buildings, the use of which requires location on the ground or attachment to something having a fixed location on the ground and typically requires a building permit to construct. Structures include, but are not limited to, buildings, walls, fences, and billboards. For the purpose of this article, structures shall not include Wireless Communication Facilities as defined herein.
STUDIO - ART, DANCE, MUSIC, VOICE, GYMNASTICS, MARTIAL ARTS:	An establishment that provides instruction or lessons in art, dance, gymnastics, karate, music, voice, or similar activities in a group setting.
SUBDIVISION:	See definition of "subdivision" in Chapter 11 of this code.
SUCCESSOR IN INTEREST:	A person who gains legal title in real property for which an impact fee is paid, or a credit is approved pursuant to the terms of this article.
SWIMMING POOL:	A water filled enclosure, permanently constructed or portable, having a depth of more than eighteen inches (18") below the level of the surrounding land, or an above surface pool, having a depth of more than thirty inches (30"), designed, used, and maintained for swimming.
SYSTEM IMPROVEMENT COSTS:	Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering, and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code, to provide additional public facilities needed to serve new growth and development. For clarification, system improvement costs do not include: (1)   Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plans; (2)   Repair, operation or maintenance of existing or new capital improvements; (3)   Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (4)   Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development; (5)   Administrative and operating costs of the governmental entity unless such costs are attributable to development of the capital improvements plans, as provided in section 67-8208, Idaho Code; or (6)   Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plans.

 

 

SYSTEM IMPROVEMENTS:	In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements the city has the authority to make as described in section 50-1703, Idaho Code.
TATTOO PARLOR:	An establishment specializing in the creation of permanent body art, commonly known as tattoos. The use may also include face and body piercing as an accessory use.

 

TAXIDERMY SHOP:	An establishment specializing in the preservation and mounting of deceased animals, typically for the purpose of display or decoration.
TEMPORARY:	A structure or building not having or requiring permanent attachment to the ground and erected for a consecutive period of six (6) months or less within one calendar year.
TEMPORARY MODEL HOME OFFICE:	A structure built as a house that will, at some point, be used as a residence but is temporarily being used as a model home office with a temporary occupancy permit only. The area used for the model home office shall be limited to the garage only and it shall not exceed five hundred (500) square feet, unless specifically stated otherwise in the application. The expiration date of the temporary model home office shall not exceed five (5) years or when the subdivision it serves is fully developed and shall not be extended beyond the stated date unless a new permit is granted.
TEMPORARY USE:	Any use of land that will last for no more than six (6) consecutive months (excepting mobile food units which have an unlimited amount of time) that is not the principal or special permitted use designated for said land.
TEMPORARY USE FACILITY:	Any vehicle (except mobile food units), tent, canopy, stall, booth, cart, trailer, or any other facility used in conjunction with a temporary use.
THEATER:	A building or part of a building used to show motion pictures or for drama, dance, musical, or other live performances.
THEATER, DRIVE-IN:	An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
THEATER, OUTDOOR:	An open lot devoted primarily to the showing of live theatrical or musical productions to patrons on a paid admission basis seated either in chairs or on the ground; commonly known as an amphitheater.

 

 

THERAPY, REHABILITATION:	A facility that provides either short term or long term, inpatient or outpatient care, treatment, and/or rehabilitation services for persons recovering from illness, disease, or injury who do not require continued hospitalization.
TOBACCO SHOP:	See "Retail Sales - Tobacco Shop" definition.
TOPPING:	Rounding, stubbing, or any other term that can be described as severe cutting back of the central leader or limbs within a tree crown to buds, stubs, or laterals not large enough to assume a terminal role as defined in ANSI A300. This removes the natural canopy and disfigures the tree. Increases disease and insect infestation.
TOT LOT:	An improved and equipped play area for small children, usually up to elementary school age.
TOWNHOUSE:	See definition of Dwelling, Single-Family Attached.
TRAILER:	A mobile structure mounted on a chassis and wheels, towed or hauled by another vehicle, and used for carrying of materials, goods, or objects, or as temporary offices. Use of a trailer as a temporary office shall comply with the temporary use ordinance, section 10-02-13 of this chapter.
TRANSIENT MERCHANT:	Any person who engages in a temporary business, not to exceed seven (7) consecutive days, of selling, trading, offering for sale or trade, or displaying for the purpose of sale, trade, or giveaway any goods, wares, merchandise, or services within City limits and who in the furtherance of such purpose, hires, leases, uses or occupies any premises, including any parking lot, within the City for the purposes of conducting said temporary transient merchant business. A parcel of land shall be limited to a maximum of four (4) such sales during any calendar year, with no sale occurring within the previous thirty (30) calendar days.

 

 

TRANSIENT MERCHANT FACILITY:	Any tangible structure including, but not limited to, a stall, booth, tent, platform, box, table, rack, pallet, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services used in conjunction with a transient merchant. No food preparation is permitted in a transient merchant facility.
TRANSIT STATION:	A building or structure or area used for the pick-up, drop off or waiting of passengers for bus, rail, or other forms of public transportation.
TRANSITIONAL HOMES:	Building that provides tenancy or planned tenancy by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. Transitional homes are not group homes, as defined herein, regardless of the number of tenants.
TRAVEL SERVICES:	See definition of "Personal Services". This classification excludes car rental agencies.
TREASURE VALLEY TREE SELECTION GUIDE (the "Tree Selection Guide" or the "Guide"):	A document created by public, private, and non-profit stakeholders engaged in growing, planting, planning for and managing the region's community forest resources. The Guide answers the most commonly asked questions about appropriate tree selection in a number of different landscape locations and applications throughout the Treasure Valley. The Guide is available at the Caldwell Planning and Zoning offices, or online at tvcanopy.net/tree-selection.
TREE CLASSES:	Typical classes of trees used in landscaping:

 

 

CLASS I TREES:	Small trees which normally do not reach over twenty-five feet (25') through thirty feet (30') in height and width. The spacing is twenty feet (20' to thirty feet (30') between trees. Good for under power lines or smaller planting areas.
CLASS II TREES:	Usually considered medium sized trees mostly planted for their shade and excellent use in landscape and parkway plantings. Reaching thirty feet (30') to forty feet (40') and over in height and width. Spacing thirty feet (30') to forty feet (40') feet between trees.
CLASS III TREES:	Many are long lived and attain large height and trunk diameter. When selecting a tree from this class, be sure to have ample room to accommodate it at maturity. May reach seventy feet (70') to one hundred feet (100') in height and width at maturity. Spacing forty feet (40') to sixty feet (60') between trees.
TREE COMMITTEE:	There is hereby created and established a Shade Tree Committee for the City of Caldwell, which shall consist of six members who reside within the city. The committee shall be comprised of five at large members and one member who shall be a member of the Parks and Recreation Commission. Members of the Tree Committee shall be nominated by the Mayor and confirmed by a majority of City Council members.
TRIPLEX:	See definition of Dwelling, Three-Family.
TRUCK SALES:	The sale of vehicles primarily designed to carry cargo and material. Truck sales often involve the assembly of chassis and cabs (see also definition of Vehicles: Commercial Truck/Vehicles).
TRUCK STOP:	Any building, premises, land, or business which includes the dispensing of motor fuel or other petroleum products directly into commercial vehicles and the sale of accessories or equipment for commercial vehicles and which may include personal hygiene facilities and/or restaurant facilities primarily for the use of commercial vehicle crews. May also include facilities involving the maintenance, servicing, storage, or repair of commercial vehicles.

 

 

TRUCKING/TERMINAL YARD:	An area or building where commercial vehicles are staged, and/or used to load and/or unload cargo and freight, and/or where the cargo and freight may be stored, broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
UPHOLSTERY SHOP:	An establishment which sells upholstery or offers reupholstering services on site.
USE:	The purpose or activity for which land, structures or buildings are designed, arranged, or intended or for which land, structures or buildings are occupied or maintained.
UTILITY EASEMENT:	An easement established for the placement of sewer, water, storm drainage, and/or other utility conveyances such as gas, cable, and telephone.
VARIANCE:	A modification of the bulk and placement requirements of the zoning ordinance as to one or more of the following items only: Minimum lot area (square feet); Minimum lot width; Minimum lot frontage; Minimum front yard setback; Minimum rear yard setback; Minimum interior side yard setback; Minimum street side yard setback; Maximum building height; Minimum required parking spaces; Any other zoning ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots.
VEHICLES:	Motorized units which are self-propelled devices used for transportation of people or goods over land surfaces and licensed as a motor vehicle, and which are further defined below:

 

 

COMMERCIAL TRUCK/VEHICLES:	Any of the following: (1)   Any solid waste collection vehicle, tractor truck/semitrailer or tractor truck/trailer combination (or part thereof), dump truck, concrete mixer, commercial vehicle step vans, buses, stake trucks, tank trucks, commercial or construction equipment, whether located on public or private property or on a truck, trailer, or semitrailer; or (2)   Any other semitruck, semitrailer or any other trailer used for commercial purposes; or (3)   Vehicles not specifically listed that may be used for commercial purposes and/or are commercial in type.
OFF-ROAD VEHICLES:	Those vehicles designed for use on a variety of non-improved surfaces and including dune buggies and all-terrain vehicles (ATVs), dirt bikes, snowmobiles, trail bikes and mopeds.
PASSENGER VEHICLES:	Those vehicles with no more than two (2) axles and/or four (4) wheels, not more than four thousand five hundred (4,500) pounds in gross weight and designed primarily for the transport of persons.
RECREATIONAL VEHICLES (RV):	See Recreational Vehicle definition.
VETERINARY CLINIC/HOSPITAL:	See "Hospital, Animal", "Clinic, Large Animal", and "Clinic, Small Animal".
VICINITY MAP:	A small scale map showing the location of a tract of land in relation to a larger area. Typically associated with a development or project area.
VIOLATION WARNING/NOTICE:	A written notice to a responsible person issued by the citing official that there exists a violation of chapters 10, 11, 12, and/or 13 of this code with instructions on how to remedy said violation.

 

 

VINEYARD:	A site primarily utilized for the raising of grapes, where said grapes will be utilized for the future production of wines.
VISION TRIANGLE:	A protected vision area established to ensure that drivers have an unobstructed view as they come upon a driveway access, alleyway, or intersection. Measuring from the projected intersection of the roadway edge a distance of forty feet (40') along each roadway edge and connecting the two (2) points with a straight line defines the boundaries of a vision triangle at the intersection of two (2) roads. The edge of the roadway shall be defined as the back of curb or where the curb would be if no curb is installed.
VOCATIONAL SCHOOL:	See "School - Post Secondary" definition.
WAREHOUSE AND STORAGE:	A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field. A structure used primarily for storing materials including, but not limited to, goods, wares, merchandise, or vehicles.
WEEDS:	Undesirable plant growth that is unkempt, unsightly, deleterious and/or injurious to the public. Weeds include noxious weeds, grasses, unkempt bushes and any plant meeting this description. The Canyon County weed control department keeps a list of weeds that are considered noxious.
WELDING SHOP:	An establishment specializing in metal fabrication services including, but not limited to, welding, cutting, shaping, and finishing metal material. The use also includes the accessory storage of required materials, chemicals, and associated tanks containing pressurized and flammable gases required for welding.

 

WHOLESALE SALES AND SERVICES:	The following are definition of Wholesale Sales:
WHOLESALE SALES, GENERAL:	The use of a site for selling, distributing, or brokering merchandise to retailers, business users, or other wholesalers. This use can include incidental retail sales to the public.
WHOLESALE SALES, NURSERY:	The growing, cultivation, storage, and sale of garden plants, flowers, trees, and shrubs to landscapers, developers, builders, and retail nurseries.
WINERY/BREWERY:	A site that produces or manufactures wine, and/or malt liquors, and/or fermented malt beverages for wholesale or retail consumption or distribution.
WINETASTING ESTABLISHMENT:	A structure or building wherein the tasting, sampling, display and/or sales of wine and/or beer takes place.
WIRELESS COMMUNICATIONS FACILITY:	A parcel of land containing a tower, sending, and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment, in addition to associated ground equipment and other similar equipment used in the wireless communications industry.
WIRELESS COMMUNICATIONS FACILITY, AESTHETIC ZONE:	The area of a circle, centered about the center of the base of a Wireless Communication Facility (WCF), as defined herein, and whose radius is the height of the WCF when applied to a residential zone and one-half (1/2) the height when applied to a nonresidential zone, to include easement dimensions as part of the zone consideration. The purpose of the aesthetic zone is to minimize visual obtrusiveness by relating setback distances to the height of the tower.
WIRELESS COMMUNICATION FACILITY HEIGHT:	When referring to a tower or other structure, means the distance measured from the finished grade of the platform or two feet (2') above the ground, whichever height is the lesser, to the highest point on the tower or other structure, including any antenna.

 

WIRELESS COMMUNICATION FACILITY, AIRPORT HEIGHT RESTRICTIONS:	Those set forth in subsection (11) of Article 10-02-11.
WOODWORKING SHOP:	A business or shop where wood is cut, shaped, and constructed into products for sale elsewhere.
WOOD PROCESSING PLANT:	A plant or facility that utilizes various procedures to process wood for the creation of substances, materials, or products; or supplies raw wood that serves as the raw materials for the manufacture of various wood-based products.
YARD:	An open space that lies between the principal building or buildings and the nearest lot line.
YARD, FRONT:	A space extending the full width of the lot between 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 any additional yard areas between the furthest point of the residence's front door and measured perpendicular from that point to the front lot line.
YARD, REAR:	A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
YARD, SIDE:	A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
XERISCAPE:	Nontraditional water conservation landscaping or dry landscaping permitted as a landscape substitute.
ZONING:	The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.

 

ZONING MAP:	The map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts.
ZOO:	A place where animals are kept, often in a combination of indoor and outdoor spaces, and exhibited to the public for educational, conservation, and/or entertainment purposes. (Ord. 3576, 3-19-2024)

 

ARTICLE 2 ZONING DISTRICT REGULATIONS AND STANDARDS

SECTION:

10-02-01: General Regulations

10-02-02: Land Use Schedule

10-02-03: Height, Lot Line Setback And Lot Dimension Schedule

10-02-04: Accessory Buildings, Structures, And Uses

10-02-05: Parking, Loading, And Pedestrian Amenity Standards

10-02-06: Sign Schedule

10-02-07: Fencing Regulations

10-02-08: Nonconforming Uses

10-02-09: Home Occupations

10-02-10: Daycares

10-02-11: Wireless Communications Facilities

10-02-12: Steunenberg Residential Historic District 1 (Rep. by Ord. 2755, 9-22-2008)

10-02-13: Temporary Use Merchants, Transient Merchants, Mobile Food Units, And Special Events

10-02-14: Development Standards For New Public Schools

10-02-15: Land Use Regulations For Animals

 

Notes

1	1. See subsections 10-01-03(1)E3 and 10-01-04(3)C of this chapter.

10-02-01: GENERAL REGULATIONS:

   (1)   Applicability: The zoning district regulations and standards established in this chapter shall apply to all zoning districts established in this chapter, unless specifically stated otherwise in a specific article.

   (2)   RS-1, RS-2, R-1, And R-2 Zones: In RS-1, RS-2, R-1, and R-2 Zones, only one principal structure or building may be built upon a single development site, parcel or lot, except as it may be otherwise specified in this article and/or as part of a planned unit development. The following zones, without having a planned unit development, are allowed to have more than one principal structure or building upon a single development site, parcel or lot: R-3, T-N, C-1, C-2, C-3, C-4, M-1, M-2, I-P, A-D, C-D, C-C, and H-C.

   (3)   Uses: More than one classification of uses (residential, commercial, or industrial) and more than one use within these use classifications (example: bakery, food store, restaurant, retail store) shall be permitted on a lot or parcel within the same building (or different buildings), in any zoning district and/or without a planned unit development application approval, if the proposed individual uses are permitted uses or special uses. In the case of a proposed special use, such application should proceed through the standard procedures of a special use permit application.

   (4)   Business Permit: Any person establishing, operating, or carrying on any permitted and/or accessory use in a commercial, industrial, and/or mixed use zoning district shall first obtain a business permit from the Planning and Zoning Department prior to establishing, operating, or carrying on such use. When a business name, occupant or owner changes, the business owner is responsible for obtaining from, and completing and submitting to, the Planning and Zoning Department an application for a business permit. The Planning and Zoning Department shall, upon receipt of such application and any applicable fees as established by City Council through resolution, issue a business permit for display in a conspicuous place upon the premises after confirming the business address with the Mapping Department and confirming that the business is an allowed land use in the zoning district in which the business is located and/or that the business is a legally nonconforming land use. Once the permit has been issued, the Planning and Zoning Department will furnish the permit information to the Building Department, Fire Department, Water Department, Mapping Department and City Clerk.

   (5)   Residential Uses In Nonresidential And Mixed-Use Zones: Residential uses in nonresidential and mixed-use zones shall have the same requirements as set forth in the R-3 Zone. This includes, but is not limited to, requirements for setbacks, frontages, lot size and dimensions, signage, and fencing. (Ord. 3102, 9-5-2017; Ord. 3245, 3-2-2020)

10-02-02: LAND USE SCHEDULE:

Editor's Note: To view Table 1: Land Use Schedule in PDF, please click HERE

TABLE 1
LAND USE SCHEDULE

P = Permitted uses S = Special use D = Director approval required Blank = Not permitted

Residential

Commercial

Industrial

Institutional and Public

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

P- D

Agribusiness:

Agriculture, general 1, 4

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Farmstand, commercial

S

P

P

P

P

P

P

S

S

Farmstand, personal8

S

S

S

S

S

P

P

Grain/crop storage

P

P

P

Greenhouse, commercial

S

S

S

S

S

S

P

P

P

P

P

P

S

S

Greenhouse, personal

P

P

P

P

P

P

P

P

Nursery - retail4

S

S

S

S

S

S

P

P

P

P

P

P

P

S

Nursery- wholesale4

S

S

S

S

S

S

P

P

P

P

P

P

Residential:

Single-family dwelling (attached, detached, townhouse)

P

P

P

P

P

S

P

S

Two-family dwelling (duplex)

S

S

S

P

P

P

S

Three-family dwelling (triplex)

S

S

P

S

Four-, five- or six-family dwelling

S

S

P

S

Multi-family dwelling

S

S

S

Manufactured home

P

P

P

P

P

S

S

S

S

S

S

S

Mobile home

S

S

S

S

S

S

S

S

S

S

S

S

Manufactured home park

S

S

S

S

S

S

S

Planned unit development - residential

S

S

S

S

S

S

S

Accessory dwelling unit (ADU)8

S

S

S

P

P

S

S

S

S

S

P

S

Residential-commercial:

Bed and breakfast2

S

S

S

S

P

P

P

Convalescent home/nursing home/ assisted living facility

S

P

S

S

S

P

Daycare center; preschool/homeschool, 13 or more5

S

S

P

P

P

P

P

S

P

P

Dormitory

S

P

S

Family/group daycare home; preschool/homeschool, 12 or fewer2,5

P

P

P

P

P

P

P

P

P

P

S

P

P

P

Food bank/soup kitchen

S

S

S

P

P

P

P

P

S

Fraternity/sorority house

S

S

S

S

P

Garage/yard sale

P

P

P

P

P

P

Group home, 9 to 12 residents

S7

S

S

Group home, 13 or more residents

S

S

Home occupation

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Homeless shelter

S

P

S

S

RV park/campground

S

S

S

S

S

S

S

Rooming house/boarding house

S

P

P

S

P

P

Transitional home

S

S

P

S

Commercial-automotive:

Automotive tow yard

S

P

P

P

Body shop3

S

S

P

P

Car wash3, 4

S

P

P

P

P

P

Gas/service station3

S

P

P

P

P

P

S

Rental lot3

P

P

P

P

S

Repair services3

S

P

P

P

Sales - new or used manufactured home, mobile home, farm implement3

P

P

Sales - new or used RV, boat, ATV, trailers, off road, trucks, commercial vehicles3

S

P

S

P

Sales - new passenger vehicles, motorcycles3

P

P

S

P

Sales - used passenger vehicles, motorcycles3

S

P

S

P

Storage - indoor only4

S

P

S

P

Storage - outdoor4

S

S

S

S

Tire repair/sales store

P

P

P

P

P

P

Truck and tractor repair and service

S

S

P

P

P

Truck stop3

S

P

P

Commercial-medical:

Ambulance service3

S

S

S

S

S

P

P

P

P

P

S

S

S

S

P

P

Clinic - outpatient only

S

P

P

P

P

P

P

Durable medical equipment

P

P

P

P

P

Hospital

S

S

S

S

S

S

S

P

Laboratory/research3, 4

S

S

S

P

P

P

P

P

Medical, dental office2, 4

S

S

S

P

P

P

P

P

Medical equipment sales/rental

S

P

P

P

P

P

Therapy, rehabilitation2

S

P

P

P

P

P

P

Commercial-retail:

Bakery or bakery goods store3

P

P

P

P

P

P

P

S

Big box retail

P

P

S

S

Building supply outlet3

S

P

P

P

Convenience store3

P

P

P

P

P

P

P

Convenience store, with gasoline3

S

P

P

P

P

S

S

Delicatessen

P

P

P

P

P

Drugstore/pharmacy

P

P

P

P

P

Electronic sales

S

P

P

Equipment sales, rental and services3

S

P

P

P

Flea market

S

S

S

Furniture shop3

P

P

Gift shop

P

P

P

P

P

P

Grocery store

S

P

P

P

S

Hardware store3

S

P

P

P

P

Liquor store

S

S

S

Lumberyard

P

P

P

P

Retail sales, general

P

P

P

P

P

Secondhand/thrift store

S

P

P

Shopping center

S

S

S

Shopping mall

S

S

S

Sidewalk sale

P

P

P

P

Tobacco shop

S

P

P

Commercial-service:

Auction

S

S

P

P

Bail bond use

S

P

P

Bank, credit union - drive- through

S

P

P

P

S

Bank, credit union - no drive- through

S

S

P

P

P

S

Barber/beauty shop2

S

S

P

P

P

P

P

Cabinet shop3

P

P

P

P

Catering service3

P

P

P

Commercial kennel

P

P

P

P

P

P

Corporate office buildings

S

P

P

P

S

P

Crematorium

S

S

P

Donation trailer/pod

S

P

P

P

P

P

P

P

P

S

P

Electronic service and repair3

S

P

P

Espresso, ice cream, pastry shop

P

P

P

P

P

S

Food stand

P

P

P

P

P

P

P

P

P

P

Frozen food locker3

P

P

P

P

Funeral home

P

P

S

P

S

Furniture refinishing3

P

P

P

P

Health club, fitness facility4

S

P

P

P

P

P

S

P

Home and business services2

S

P

P

P

P

P

Hotel

P

P

P

Landscaping business

S

P

P

Laundromat, self-service

P

P

P

P

Laundry, commercial plant3

P

P

P

P

P

S

Microbrewery

S

P

P

S

Ministorage, indoor

S

S

S

S

S

S

S

Ministorage, traditional

S

S

S

S

S

Mobile food unit

P

P

P

P

P

P

P

P

P

Mortuary

P

P

S

P

S

Offices - business, professional2, 4

S

S

P

P

P

P

P

P

P

P

P

Outdoor storage

S

S

S

Packaging business

P

P

P

P

Pawnshops3

S

P

P

Payday loan and title loan establishments

S7

S7

P

P

Pet grooming facility2

S

P

P

P

S

P

S

S

Photographic studio2

S

P

P

P

P

P

Printing and blueprinting3

P

P

P

P

P

Restaurant - drive-in

P

P

P

S

S

Restaurant - no drive- through3

S

P

P

P

P

S

P

S

Restaurant - with drive- through3

S

P

P

P

S

P

S

Security guard quarters4

S

P

P

P

P

P

P

P

P

P

Sign shop

P

P

P

P

P

P

Small engine/equipment repair3

P

P

P

P

Spa4

S

P

P

P

P

P

Studio - art, dance, music, voice2, 4, gymnastics, karate

S

S

P

P

P

S

P

Tanning salon

S

P

P

P

P

Tattoo parlor3

S

P

P

Taxidermy shop3

S

P

P

Theater4

P

P

P

P

Theater, drive-in

S

S

S

S

Theater, outdoor4

S

S

S

S

P

Transit station

S

P

P

P

Travel services

P

P

P

P

Upholstery shop3

S

P

P

S

Veterinary clinic/hospital3

S

P

P

P

Winetasting establishment

P

P

P

P

P

P

Commercial-miscellaneous:

Adult entertainment business

S

Amusement centers

S

S

S

S

S

Arts and crafts shows3

P

P

Bowling alley3

P

P

P

Club or lodge3

S

S

P

P

S

Commercial planned unit development

S

S

S

S

S

S

S

S

S

Dance hall/night club

S

S

Drinking establishment - no live entertainment

S

S

S

Drinking establishment - with live entertainment

S

S

Event center

S

P

S

S

S

S

S

Parking garage, private

S

S

S

S

P

P

P

P

P

P

P

S

Parking lot, private

S

S

P

P

P

P

P

P

P

P

P

P

Parking lot, stand alone, private

S

S

S

S

S

S

P

P

P

S

S

S

Temporary use

S

S

S

S

P

P

P

P

P

P

P

P

S

S

P

Industrial-manufacturing:

Aircraft repair and service

P

P

S

P

Asphalt plant

S

S

Cement, concrete, or clay manufacturing

S

P

S

Chemical storage and manufacturing

S

S

S

Factory/assembly plant6

S

P

P

P

P

Industrial park

P

P

P

Industrial planned unit development

S

S

S

S

Machine shop

P

P

P

P

S

Manufacturing, general6

S

P

P

P

P

Meat processing and packaging

S

P

P

Monument production

P

P

S

Processing, general6

P

P

P

P

Recycling operation4

S

P

P

P

Rendering plant

S

Research development

S

P

P

P

Sand or gravel yard

S

P

Slaughterhouse

S

S

Welding shop4

P

P

P

P

Winery/brewery

P

P

Wood processing plant

S

P

S

Woodworking shop4

P

P

P

P

Industrial-storage:

Automotive tow yard

S

P

P

P

Automotive wrecking/salvage yard

S

S

Contractor’s shop/storage yard

S

P

P

P

S

Distribution center

S

P

P

P

Fuel yard/petroleum storage

S

P

S

S

Junkyard

S

S

Public utility yard

S

P

P

P

S

S

Railroad yard/shops

S

P

P

S

Refrigerated storage

P

P

P

S

Sanitary landfill

S

Trucking terminal/yard

S

P

P

P

Warehouse and storage

S

P

P

P

S

Public and semipublic10:

Airport, landing strip

S

S

S

P

S

Airport terminal

P

S

BMX, dirt bike track

S

P

S

Cemetery

S

S

S

S

P

Church or place of religious worship

S

S

S

S

S

P

P

P

S

S

S

S

College and vocational schools

S

S

S

S

S

S

S

S

S

S

S

S

S

P

S

S

Community center

S

S

S

S

S

S

S

S

S

S

S

S

S

S

P

Driver’s education services school

P

P

P

P

P

P

P

Golf course

S

S

S

S

P

Hangar - airplane, helicopter

S

S

S

S

S

S

P

S

S

Helipad

S

S

S

S

S

S

P

S

S

Library4

S

S

S

S

S

S

S

S

S

S

P

S

P

Museum4

S

S

S

S

S

S

S

S

S

S

S

S

P

S

P

Park or recreational facility4

S

S

S

S

S

S

S

S

S

S

S

S

S

S

P

Public administrative office4

S

S

S

S

S

S

P

P

S

S

S

S

S

S

P

P

Public facility/building

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

P

Parking garage, public

P

P

P

Parking lot, public

P

P

P

Parking lot, stand alone, public

P

S

S

Public swimming pool

P

School/educational facility, private

S

S

S

S

S

S

S

S

S

S

S

S

P

S

School/educational facility, public

P

P

P

P

P

S

S

S

S

S

S

S

S

S

Shooting range, indoor

Skyway/skybridge/skywalk

D10

D10

Wireless communications facility

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

Zoo4

S

S

S

S

S

S

S

S

S

S

S

S

 

Footnotes to Table 1:

The following footnotes correspond with the land use classifications listed in this table:

   1.   See definition of “agriculture, general” in section 10-03-11 of this chapter and section 10-02-15, “Land Use Regulations For Animals”, of this article.

   2.   May be permitted as a home occupation.

   3.   Compatible C-3 commercial uses are permitted in industrial zones fronting on major arterials, minor arterials and collector level streets. For purposes of this chapter, “compatible” shall mean capable of coexisting in harmony.

   4.   Shall be permitted as an accessory use to an existing public school/educational facility.

   5.   Shall be permitted as an accessory use to an existing public school/educational facility/church/community center/recreational center. When counting the number of children, the provider’s own children are counted toward the allowable total.

   6.   Shall be permitted as an allowed use in the Airport District only if aviation or aeronautical in nature.

   7.   Shall be approved by the Caldwell City Council.

   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.

   9.   Allowed Uses: If a proposed use of property is not specifically listed in this table, the use shall be prohibited unless the Planning and Zoning Director, upon the request of an applicant, determines that a proposed use not listed in this table, is equivalent to a listed permitted or special use. In making the determination, the Director shall consider the following:

      1.   The impacts on public services and activities associated with the proposed use are substantially similar to those of 1 or more of the uses listed in the applicable base districts as allowed;

      2.   The proposed use shall not involve a higher level of activity or density than 1 or more of the uses listed in the applicable base districts as allowed;

      3.   The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and

      4.   The proposed use is in substantial conformance with goals and objectives of the Comprehensive Plan.

      If the Planning and Zoning Director denies an application for such a requested use, the applicant shall have the right, within the period of 10 days from the date of such disapproval, to appeal the Director’s decision to the City Council. The decision of the City Council shall be final.

   10.   Applicable to structures that will extend across or over public rights-of-ways or alleys, and will be accessory to a principal permitted or specially permitted use.

(Ord. 2726, 4-7-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2896, 4-2-2012; Ord. 2911, 9-4-2012; Ord. 2939, 10-21-2013; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019; Ord. 3284, 7-20-2020: Ord. 3371, 12-6-2021; Ord. 3556, 12-19- 2023)

10-02-03: HEIGHT, LOT LINE SETBACK AND LOT DIMENSION SCHEDULE:

   (1)   Minimum Lot Area: The minimum lot area for each dwelling unit above that which is required for a single-family dwelling shall be one thousand (1,000) square feet for the first dwelling unit and two thousand (2,000) square feet for each additional unit unless the lot area is permitted to be reduced by planned unit development procedures.

   (2)   Residential Uses In Nonresidential Zones: Residential uses in nonresidential zones shall have the same requirements as set forth in the R-3 Zone. When commercial and industrial uses abut a residential zone, setbacks shall be the same as are required in the adjacent residential district.

   (3)   Reduction In Minimum Setback: The minimum setback yard provisions may be reduced with a Director's administrative determination in accordance with Section 10-01-02 (4), a variance approval, or a planned unit development approval, whichever may be most applicable.

   (4)   New Construction Compliance: All new construction shall comply with the current height, setback, and area schedule in effect at the time the building permit was filed, excluding alternative setback, height, and/or area schedule requirements as approved through a planned unit development.

   (5)   Structures And Projections Into Yard Areas: Structures within and projections into required yard areas are only permitted (and may be permitted on a case by case basis in easements under the conditions specified below), as specified below, and shall not be considered to be obstructions or included in the setback requirements unless otherwise specified:

      A.   Cornices, canopies, eaves, or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required side yard more than two feet (2') and any required rear yard more than five feet (5') from the property line nor shall they project into any required recorded or nonrecorded easement or easement area unless the utility has given written permission for such projection to take place nor shall they project into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City. Projections within the R-1, R-2, and R-3 Residential Zones which increase the volume of habitable space enclosed by a residential structure may encroach into the front setback area no more than five feet (5'). This shall not be applicable to garages or any other uninhabitable areas that are part of the residential structure.

      B.   Exterior steps or stairs shall not project into required side yards or into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection or into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City. No part of the building except unenclosed porches, shall extend into the front setback area. Said unenclosed porches shall be set back a minimum of fifteen feet (15'). No part of the building whatsoever, including cornices, canopies, eaves, foundations, footings, air conditioning units, etc., shall extend into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection to take place nor shall any part of the building project into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City.

      C.   Additionally, the following shall apply:

         1.   Structure shall be removed by and at the property owner's expense within five (5) days of a request by the City or utility to remove said structure;

         2.   Structure can be removed by the City or utility after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for any existing or future public right-of-way areas or easements. Furthermore, City or utility shall not be responsible for any damage caused to structure during the process of removal.

         3.   Property owner shall sign and have notarized a statement prepared by the City acknowledging the above items.

   (6)   Setback Measurements: Front and street side yard setbacks are measured from back of sidewalk or the property line where there is no adjacent sidewalk. All other setbacks are the distance between a building's outermost edge of the outermost foundation wall and the lot line.

Editor's Note: To view Table 2: Height, Setback and Area Schedule in PDF, please click HERE

   TABLE 2

   HEIGHT, SETBACK AND AREA SCHEDULE

   Minimum/Maximum Bulk Requirements (In Feet)

Zoning District	Max. Height1	Minimum Setbacks				Interior Lots	Corner Lots	All Lots
		Front Yard	Rear Yard	Interior Side Yard	Street Side Yard2	Min. Lot Area (Sq. Ft.)7	Min. Lot Area (Sq. Ft.)7	Min. Lot Frontage3
RS-1	45	40	40	20	30	40,000	40,000	100
RS-2	45	35	35	15	20	20,000	20,000	75
R-14	25	20	20	6	15	8,000	9,500	50
R-2	35	20	15	6	15	6,000	7,500	45
R-3	45	20	15	6	15	6,000	7,500	45
C-1	45	20	15	6	15	5,000	6,500	40
C-2	None	0	0	0	0	0	0	0
C-3	None	0	0	0	0	0	0	0
C-4	None	0	0	0	0	0	0	0
I-P	None	20	0	0	20	0	0	0
M-1	None	20	0	0	20	0	0	0
M-2	None	20	0	0	20	0	0	0
A-D	See Footnote 5	0	0	0	0	0	0	0
C-D6	None	20	15	10	20	0	0	0
H-D6	None	20	5	5	20	0	0	0
P-D8	None	0	0	0	0	0	0	0

 

Footnotes To Table:

The following footnotes correspond with the minimum/maximum bulk requirements listed in this table:

   1.   The maximum height, if there is one, may be exceeded by special use permit approval. Regardless of the zoning district, if a new structure is being built immediately adjacent to a single-family dwelling or a duplex, the maximum height of the new structure shall be 25 feet unless allowed to exceed such maximum height by special use permit approval.

   2.   The street side yard garages must meet the 20 foot front yard setback.

   3.   Minimum lot frontage for lots on cul-de-sacs or roadways with a radius curve shall be measured from the setback line not from the property line.

   4.   Platted 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 platted residential lots that are less than 8,500 square feet.

   5.   New buildings and structures located within the airport district shall comply with height restrictions listed in form 7460 issued by federal aviation administration.

   6.   Newly constructed buildings in the college district and hospital district that are adjacent to the boundary of a residentially zoned property shall be set back an additional 6 inches for every additional 1 foot of building height in excess of 25 feet.

   7.   Residential lots that are part of a final plat may reduce the required minimum lot area by up to 10% if the required densities (dwelling units per gross acre) are met for the underlying zone.

   8.   Public land uses within Section 10-02-02, Table 1, located in zoning districts other than the P-D (public) shall be permitted to utilize the same height, setback and area requirements as permitted in the P-D (public) zone.

(Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3156; 7-16-2018; Ord. 3237, 10-7-2019; Ord. 3557, 12-19-2023)

10-02-04: ACCESSORY BUILDINGS, STRUCTURES, AND USES:

   (1)   Accessory buildings, structures, and uses shall be compatible with the principal use and shall not be established or built prior to the establishment or building of the principal use unless specifically approved by the Planning and Zoning Department on a case by case basis only. (Ord. 2805, 11-2-2009)

   (2)   Except as otherwise regulated herein, an accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following: (Ord. 3102, 9-5-2017)

      A.   Regardless of zoning district, setbacks and separation distances for primary and accessory buildings and structures shall comply with all applicable city building codes. (Ord. 2865, 6-20-2011)

      B.   No accessory building, structure or use (signs are not considered an accessory building, structure or use for purposes of this chapter) may be placed, built or constructed such that any portion of the building, structure or use (including, but not limited to, foundations, footings, eaves, cornices, and/or canopies) is on, in or over any portion of any easement (recorded or nonrecorded) or easement area or existing or future public right of way or right of way area, regardless of setback requirements and regardless of the size of the building or structure, except in certain instances where the applicable utility and/or the city has granted permission for such placement. While the city generally prohibits the placement of buildings and structures, etc., in easements and public rights of way areas, any buildings and structures, etc., that are placed in an existing or future public right of way, public right of way area, easement or easement area, whether intentionally or accidentally, shall be subject to the following conditions:

         1.   Structure shall be removed by and at the property owner's expense within five (5) days of a request by the city or utility to remove said structure;

         2.   Structure can be removed by the city or utility after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right of way maintenance/improvements for any existing or future public right of way areas or easements. Furthermore, city or utility shall not be responsible for any damage caused to structure during the process of removal;

         3.   Property owner shall sign and have notarized a statement, as prepared by the city, acknowledging the above items. (Ord. 2805, 11-2-2009)

      C.   The following requirements are applicable in residential zones as well as any other zone being used for residential purposes: A detached accessory building, structure or use less than two hundred (200) square feet in size shall have no setback requirement but shall comply with subsection (2)B of this section. A detached accessory building, structure or use two hundred (200) square feet or greater but under six hundred (600) square feet shall be located no less than five feet (5') from an interior lot line but shall also comply with subsection (2)B of this section. Accessory buildings and structures exceeding an area of six hundred (600) square feet are permitted in the rear yard with no portion of the building or structure built within the rear or side yard setback area required in section 10-02-03 of this article and shall also comply with subsection (2)B of this section. When on a corner lot, a detached accessory building, structure, or use shall be no nearer to a side lot line adjoining a street than the applicable distance required in section 10-02-03 of this article and shall also comply with subsection (2)B of this section. (Ord. 2746, 5-19-2008; Ord. 2805, 11-2-2009)

      D.   A detached accessory building, structure, or use shall not exceed twenty-two feet (22') in height in the R-1, R-2 and R-3 districts and shall not exceed thirty-three feet (33') in height in the RS-1 and RS-2 districts.

      E.   The height of detached accessory buildings, structures, and uses in commercial, industrial, and institutional zoning districts shall not exceed the maximum building height allowed in the applicable zoning district.

      F.   Trailers, or other portable buildings or structures, shall be permitted in any district when used as temporary buildings for offices or storage of material and equipment as incidental to and on the same lot or adjacent lots during construction operations of the principal use, for a period not to exceed twelve (12) months. An administrative extension may be granted by the planning and zoning director, after completing the administrative determination request form. A temporary use permit shall be required for the initial twelve (12) month period and shall have to be renewed should an administrative extension be granted.

      G.   Swimming pools, in all zoning districts, shall be completely screened off with six foot (6') high fencing around all adjacent side and rear yards, and the pool shall be set back ten feet (10') from all property lines. Barriers shall be provided and regulated under the adopted building codes regulating swimming pools and spas (see definition of “swimming pool” in section 10-03-11 of this chapter).

      H.   Clubhouses, fitness centers, and the like are permitted as accessory uses in a residential district when they are part of a residential subdivision or planned unit development and are located on a platted common lot to be owned, operated and maintained by a homeowners' association. All setbacks and height restrictions of the residential zoning district shall be followed. (Ord. 2746, 5-19-2008)

      I.   Under no circumstances shall any detached accessory uses, structures or buildings as listed in this section be permanently used as a dwelling in any shape, form or fashion, unless specifically stated otherwise elsewhere in this chapter. This requirement also applies to camping trailers, tents, recreational vehicles and similar unless: 1) such structures are located in a bona fide campground site or recreational vehicle park and must then adhere to the requirements for a campground site or recreational vehicle park; 2) the camping trailers, tents, recreational vehicles and similar are being utilized temporarily ("temporarily" for purposes of this requirement shall mean no more than 14 days within a 6 month time period) for visitors or guests of the property owner and must be parked on private property outside of any right-of-way; or 3) the property owner is in the process of constructing the primary dwelling and is utilizing a recreational vehicle or similar as a dwelling on the subject property until occupation of the primary dwelling is possible, in which case such temporary use may be granted by the Planning and Zoning Department for a period not to exceed one year. (Ord. 3102, 9-5-2017)

      J.   Accessory uses, buildings and/or structures shall immediately be removed by the applicant if it is determined by the Planning and Zoning Director that any standard or requirement of the accessory uses, buildings and structures ordinance or any other City laws, ordinances or statutes are being violated. Prior to any removal, the applicant shall be afforded an opportunity for a hearing before the Council; said hearing must be requested within seven (7) days of receipt of a notice of order to remove an accessory use, building and/or structure. Failure to request such a hearing will result in the applicant immediately removing the accessory use, building, and/or structure. (Ord. 2746, 5-19-2008)

      K.   BMX and dirt bike tracks, whether recreational or commercial in nature, are not permitted as an accessory use in any residential or mixed use zoning district. (Ord. 2939, 10-21-2013)

      L.   Ponds and other water features shall be set back forty feet (40') from a public right-of-way and twenty feet (20') from a side or rear property line.

      M.   In residential zones, the square footage of an accessory structure shall not be greater than that of the principal residence, unless approved through a special use permit.

      N.   When a building permit for the principal structure is issued at the same time as the accessory structure, the certificate of occupancy for the accessory structure shall not be issued prior to the principal structure receiving a certificate of occupancy. (Ord. 2967, 7-21-2014)

      O.   Accessory dwelling unit (ADU) shall include its own independent living facilities with provisions for sleeping, cooking, and sanitation. ADUs shall meet all of the following standards:

         1.   No more than one ADU shall be located on an individual parcel.

         2.   Shall be limited to a maximum of seven hundred (700) square feet and no more than one bedroom (excluding garages and other uninhabitable space).

         3.   Shall have a separate exterior entrance or an entrance to an internal common area accessible to the outside.

         4.   Shall be consistent in design with the principal residence, including roof pitch, siding, color, materials, and windows.

         5.   Shall provide a minimum of one parking space.

         6.   Shall provide proof of owner occupancy of the premises. Either the principal residence or the ADU must be occupied by the owner of the parcel on which they are constructed at all times.

         7.   Manufactured homes, mobile homes, and recreational vehicles shall be prohibited for use as an ADU.

         8.   The ADU shall not be subdivided from the main parcel on which it is located.

         9.   The ADU shall meet the setback requirements for accessory structures as set forth in subsection (2)C of this section. (Ord. 3102, 9-5-2017)

   (3)   The following table (applicable only to RS-1, RS-2, R-1, R-2, and R-3 Districts and to residential dwellings in C-C, T-N, H-C, C-D and H-D Districts) shows where accessory buildings, structures, and uses are permitted, with respect to the location of the principal structure, as follows (except that sheds and storage buildings for garden equipment and household items may be located on a side yard adjoining a street in instances where a parcel or lot has no available interior side yard or rear yard area and where the property is not located within the Steunenberg Residential Historic District):

Accessory Building, Structure Or Use	Front Yard	Side Yard Adjoining A Street	Interior Side Yard	Rear Yard
Accessory dwelling unit (ADU)				X
Air conditioning equipment shelter		X1	X	X
Arbors or trellises	X	X	X	X
Buildings, structures or enclosures housing livestock (see section 10-02-15 of this article for definition of "livestock")			X	X
Classroom modular units are permitted on a parcel or lot containing an existing school and shall be located at least 30 feet from any property line			X	X
Clothesline		X1	X	X
Fireplaces, outdoor		X1	X	X
Flagpoles	X	X	X	X
Garages, detached		X	X	X
Gazebos	X	X	X	X
Lawn furniture such as benches and birdbaths	X	X	X	X
Lighting, ornamental	X	X	X	X
Patio, porches, decks, or similar	X	X	X	X
Playhouses			X	X
Pond and other water features	X	X	X	X
Portable RV covers/portable carports/portable vehicle covers			X	X
Sheds and storage buildings for garden equipment and household items		X1,2	X	X
Solar panels (ground mounted)		X1	X	X
Swimming pools, private, when in conformance with other codes		X	X	X
Television and radio antennas and satellite dishes (stand alone)			X	X
Tennis courts, private		X1		X
Trailer pads or pads for recreational vehicles or the like (pads are separate from, and in addition to, the usual residential driveway for a residential dwelling unit)		X	X	X
Other accessory buildings, structures and uses herein permitted in district regulations as accessory to a specific permitted use				X

 

   Notes:

      1.   May be permitted within the side yard adjoining a street when located behind a minimum 6 foot tall solid, sight-obscuring fence.

      2.   Maximum height of a shed and/or storage building shall be no greater than 9 feet.

(Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3558, 12-19-2023)

10-02-05: PARKING, LOADING, AND PEDESTRIAN AMENITY STANDARDS:

   (1)   Purpose: The purpose of these regulations is to:

      A.   Allow flexibility in addressing vehicle parking, loading, and access issues.

      B.   Provide adequate off street parking which does not impede the flow of traffic or delay emergency response time on both private property and public right-of-way.

      C.   Ensure that off street parking, loading, and access demands associated with new development will be met without adversely affecting other nearby land uses and surrounding neighborhoods.

      D.   Enhance the appearance of residential, commercial, business, institutional, and industrial development.

      E.   Address the needs of pedestrians, bicyclists, and users of public transit by providing amenities that promote nonautomotive forms of transportation.

   (2)   General Provisions: The off street parking and off street loading provisions of this section shall apply as follows:

      A.   New Buildings And Uses: Accessory off street parking and loading facilities and pedestrian amenities shall be provided as required by the regulations of this section for all buildings and structures erected and all uses of land established in each district after the effective date hereof.

      B.   Expansion Of A Use: When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement in the amounts specified herein requiring parking or loading facilities, such additional parking and loading facilities as required herein shall be provided.

      C.   Change In Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required only to the extent by which the requirements for the new use would exceed those for the existing use.

      D.   Reduction In Parking Spaces: Accessory off street parking and loading facilities in existence on the effective date hereof and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this chapter.

      E.   Expansion In Parking: Accessory off street parking in existence on the effective date hereof and located on the same lot as the building or use served shall not hereafter be expanded above, or if already more than, shall not be further expanded above the requirements for a similar new building or use under the provisions of this section. An existing parking lot may be expanded to an adjacent parcel of land without a special use permit.

      F.   Existing Land Or Buildings: Nothing in this section shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that adherence to all regulations governing the location, design, and operation of such facilities is met.

      G.   Driveway And Garage Parking Space Requirements: Parking spaces on a driveway located in front of a garage shall be calculated toward the minimum parking space requirements and parking spaces in the garage shall also be calculated toward the minimum parking space requirements.

      H.   Off Street Parking: Off street parking shall only be allowed on an established driveway or parking lot. Established driveways must contain an approved approach/curb cut from an alley or a street. Established driveways shall consist of concrete or asphalt, and shall not consist of gravel, lawn, grass or sod. Driveways shall be paved a minimum of forty feet (40') into the site as measured from the back edge of the sidewalk or edge of the roadway where no sidewalk exists for commercial and industrial properties. Driveways shall be paved a minimum of twenty feet (20') into the site as measured from the back edge of the sidewalk or edge of the roadway where no sidewalk exists for residential properties. A minimum of one established driveway should be installed on any residential site, when at all possible, as off street parking is the preferred method of parking. There is no maximum to the number of established driveways on a property. Spacing, sizing and design specifications and standards for an approach/curb cut is determined by the Engineering Department. An established driveway should be a minimum of eight feet (8') wide. Off street parking shall also follow all requirements as listed in section 10-02-04 of this article for parking of accessory uses.

      I.   Handicapped Parking: Handicapped accessible parking shall be required as by State and Federal regulations.

      J.   Site Plan Required: A site plan shall be submitted with every application for a building permit for any building or use that is required to provide off street parking. The plan shall accurately designate the dimensions of the required parking spaces, access aisles, and driveways. The proposed landscaping shall comply with the requirements of article 7 of this chapter and shall also be depicted on the plan, where applicable. All parking plans shall be reviewed by the Fire Department for compliance with the Fire Code.

   (3)   Off Street Parking: Off street parking facilities for vehicles shall be provided in accordance with the following:

      A.   Use: Off street parking facilities required herein as accessory to uses subject to this chapter shall be solely for the parking of passenger vehicles of patrons, occupants, or employees. If bus transportation is provided for patrons, occupants or employees of a specific establishment, additional off street parking or loading spaces for each bus which will be parked or loaded on the premises shall be provided in compliance with the terms of this chapter.

      B.   Computation: When determination of the number of off street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.

      C.   Shared Parking Lots: Off street parking facilities for separate uses may be provided collectively if the total number of spaces so provided meets minimum and maximum spacing requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to.

      D.   Repair And Service: No vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities.

      E.   EV (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 twenty five (25) parking spaces shall be exempt from this requirement.

         2.   New construction or additions that requirestwenty five to one hundred (25-100) parking spaces shall provide a minimum of one (1) EV parking space.

         3.   New construction or additions that requires more than one hundred (100) parking spaces shall provide a minimum of two (2) EV parking spaces.

      F.   Size: Except for parallel parking spaces, a required off street parking space shall be at least nine feet (9') in width and at least twenty feet (20') in length, exclusive of access drives or aisles, ramps, columns, or office or work areas, except that a two foot (2') overhang at the front of an eighteen foot (18') long off street parking space is allowed over a landscape buffer area to give a total of twenty feet (20') in length provided that all ADA access requirements are maintained for walkway widths and accessibility. Enclosed parking spaces shall have a vertical clearance of at least seven feet (7'). Handicapped parking spaces shall meet State and Federal size regulations. Parking stall dimensions and aisle dimensions shall conform to the following specifications in table 3 of this section, notwithstanding the exception provision noted in this subsection:

TABLE 3
PARKING LOT DIMENSIONS

 

Parking Angle	Stall Width	Parking Stall Length	Aisle Width1
0° - 15°	9'	23'	11'
16° - 37°	9'	20'	11'
38° - 57°	9'	20'	13'
58° - 74°	9'	20'	18'
75° - 90°	9'	20'	24'

 

Note:

   1.   All aisle widths for aisles that serve as fire access roads shall be a minimum of 20 feet in width. Final determination regarding fire access roads shall be by the City Fire Marshal.

      G.   Surfacing: All required open off street parking areas and the minimum required parking spaces, including the stall area, aisle area, and entire area of all driving lanes, driveways, driving areas and all driveway entrances, for new construction and complete remodels only, shall be improved to the following standards:

         1.   Bituminous concrete (asphalt) is permitted in all zoning districts and shall have at least a nine inch (9") compacted aggregate base and a minimum thickness of two inches (2") of surface coverage. Any areas of parking designated as a "high traffic lane", which is intended to serve fire apparatus, garbage trucks, school buses, mail delivery trucks, etc., shall have at least a ten inch (10") compacted base and a minimum thickness of three inches (3") of surface coverage.

         2.   Portland cement concrete is permitted in all zoning districts and shall have at least a four inch (4") compacted aggregate base and a minimum thickness of six inches (6") of surface coverage.

         3.   The parking surfaces of industrial off street parking facilities located within the M-1, M-2 and I-P Zoning Districts and which are not adjacent to any of the following: a residential zoning district, an arterial roadway, and/or a collector roadway, may be constructed with an all weather surface defined as a minimum of eight inches (8") of subbase (typically pit run gravel) and a minimum of two inches (2") of base course material (typically 3/4 inch minus crushed gravel). All weather surfaces must be capable of supporting a minimum vehicle load of seventy-five thousand (75,000) pounds. Should a development in the M-1, M-2 and I-P Zones choose to pave, the surfacing requirements as listed in subsections (3)G1 and (3)G2 of this section shall be adhered to.

         4.   Porous and permeable parking lot surfaces (excluding gravel, road mix and similar) are permitted in any zoning district with the consent of the City Engineer and Planning and Zoning Director. The applicant shall submit cross section plans to the City and receive written permission from both officials prior to construction.

      H.   Screening And Landscaping: All newly constructed, reconstructed or resurfaced parking lots shall comply with the landscaping provisions listed in article 7 of this chapter. All re-striped parking lots that change the configuration of the parking stalls shall comply with the interior landscape planter islands provisions listed in section 10-07-09 of this chapter.

      I.   Lighting: Any lighting used to illuminate off street parking areas shall be directed away from residential properties. The Planning and Zoning Commission may, on petition of neighboring residential property owners or tenants, and after a public hearing, require that such lighting be reduced in intensity, height, changed in duration, or turned off after certain hours. In making this decision on any such petition, the Planning and Zoning Commission shall take into consideration the reasonable requirements of the user of the parking area involved. The Planning and Zoning Commission's decision may be appealed to the City Council through the public hearing appeal process.

      J.   Required Spaces: The minimum and maximum number of off street parking spaces accessory to designated uses shall be provided as required in table 4 of this section. Uses in a strip mall, business center, commercial or industrial subdivision or similar may count all parking spaces located within the development for their use provided business hours do not overlap. For instance, a space, used as a church on Sundays in a complex filled with professional offices, may count all of the parking spaces in the complex toward its use on Sundays if the professional offices are closed on Sundays, thereby eliminating the need for the church to install an entire parking lot just for the church. Parking requirements in this section shall not compromise State and Federal handicap parking regulations. Land uses listed in section 10-02-02 of this article and not listed in table 4 of this section shall be governed with the parking standards listed with an asterisk (*). The Planning and Zoning Director has the authority to reduce the maximum number of parking stalls required by up to fifty percent (50%). These shall be decided on a case by case basis and shall be dependent on the ultimate use of the property, existing parking in the area, and other pertinent factors. Reductions to the minimum parking or bicycle parking requirements or increases to the maximum parking requirements greater than fifty percent (50%) may take place through either special use permit approval, a variance approval or a planned unit development approval, whichever may be most applicable.

   TABLE 4

Land Use		Minimum Number Of Parking Spaces	Maximum Number Of Parking Spaces
All agriculture uses*		1.0 for every 500 square feet of floor area	1.0 for every 200 square feet of floor area
Residential:
	Manufactured and mobile homes	1.0 per dwelling unit	2.0 per dwelling unit
	Single-family and two-family dwellings	2.0 per dwelling unit	3.0 per dwelling unit
	Three-family through multi- family dwellings	1.5 per dwelling unit	2.0 per dwelling unit
Residential-commercial:
	Bed and breakfast	1.0 per bed	1.25 per bed
	Convalescent home, nursing home, assisted living facility	0.75 per bed	1.5 per bed
	Dormitory, fraternity/sorority house	0.75 per bed	1.75 per bed
	Homeless shelter, rooming/boarding house	0.25 per bed	0.75 per bed
Commercial-automotive:
	Body shop, repair services	2.0 per service bay	3.0 per service bay
	Car rental lot	1.0 per rental vehicle, plus 1 space for every 200 square feet of floor area	1.0 per rental vehicle, plus 1 space for every 100 square feet of floor area
	Car wash	2.0 stacking spaces per service bay	3.0 stacking spaces per service bay
	Gas/service station	1.0 per fuel pump	2.0 per fuel pump
	Sales, new and used	1.0 for every sales vehicle, plus 1 space for every 200 square feet of floor area, plus 1 space for every employee	1.0 for every sales vehicle, plus 1 space for every 100 square feet of floor area, plus 1 space for every employee
Commercial-medical*:		1.0 for every 300 square feet of floor area	1.0 for every 75 square feet of floor area
	Hospital	1.25 per bed	2.0 per bed
	Laboratory/research	1.0 for every 400 square feet of floor area	1.0 for every 250 square feet of floor area
	Medical equipment sales	1.0 for every 500 square feet of floor area	1.0 for every 350 square feet of floor area
Commercial-retail*:		1.0 for every 350 square feet of floor area	1.0 for every 200 square feet of floor area
	Big box retail	1.0 for every 250 square feet of floor area	1.0 for every 100 square feet of floor area
	Equipment rental and sales	1.0 for every 500 square feet of floor area, plus 1 space for every 2,500 square feet of outdoor display	1.0 for every 300 square feet of floor area, plus 1 space for every 2,000 square feet of outdoor display
	Flea market	1.0 for every 200 square feet of floor area	1.0 for every 100 square feet of floor area
	Grocery store	1.0 for every 300 square feet of floor area	1.0 for every 150 square feet of floor area
	Lumberyard	1.0 for every 1,000 square feet of floor area	1.0 for every 700 square feet of floor area
	Shopping center, shopping mall	1.0 for every 300 square feet of floor area	1.0 for every 150 square feet of floor area
Commercial-service*:		1.0 for every 400 square feet of floor area	1.0 for every 250 square feet of floor area
	Auction establishment	1.0 for every 150 square feet of floor area	1.0 for every 75 square feet of floor area
	Barber/beauty shop	1.0 for every chair	1.5 for every chair
	Funeral home	1.0 for every 150 square feet	1.0 for every 75 square feet
	Health club/fitness facility	1.0 for every 250 square feet of floor area	1.0 for every 150 square feet of floor area
	Hotel, motel	1.0 for every room	1.5 for every room
	Restaurants, all	1.0 for every 4.0 seats	1.0 for every 2.5 seats
	Theater	1.0 for every 3.0 seats	1.0 for every 2.0 seats
Commercial-miscellaneous:
	Adult entertainment business, bar with live entertainment, dance hall	1.0 for every 200 square feet of floor area	1.0 for every 100 square feet of floor area
	Arts and crafts shows	1.0 for every 350 square feet of floor area	1.0 for every 200 square feet of floor area
	Bar, no entertainment	1.0 for every 300 square feet of floor area	1.0 for every 150 square feet of floor area
	Club or lodge	1.0 for every 5.0 seats	1.0 for every 3.0 seats
Industrial-manufacturing*:		1.0 for every 1,000 square feet of floor area	1.0 for every 300 square feet of floor area
	Aircraft repair and service	1.0 for every 2,000 square feet of floor area	1.0 for every 1,000 square feet of floor area
	Asphalt plant, cement and concrete production, monument production, recycling operation, sand and gravel yard	1.0 for every 400 square feet of office space, plus 1 space for every 6,000 square feet of outdoor work and storage area	1.0 for every 250 square feet of office space, plus 1 space for every 3,000 square feet of outdoor work and storage area
Industrial-storage*:		1.0 for every 2,000 square feet of floor area	1.0 for every 500 square feet of floor area
	Automotive wrecking yard, junkyard	1.0 for every 500 square feet of office space, plus 1.0 for every 15,000 square feet of lot area	1.0 for every 250 square feet of office space, plus 1.0 for every 7,000 square feet of lot area
	Contractor's shop and yard, terminal/truck yard	1.0 for every 400 square feet of office space, plus 1.0 for every 10,000 square feet of work and storage area	1.0 for every 250 square feet of office space, plus 1.0 for every 2,500 square feet of work and storage area
	Sanitary landfill	1.0 for every 400 square feet of office space, plus 1 space for every 20,000 square feet of lot area	1.0 for every 250 square feet of office space, plus 1 space for every 10,000 square feet of lot area
Public and semipublic:
	Airport terminal, community center	1.0 for every 250 square feet of floor area	1.0 for every 100 square feet of floor area
	Cemetery	1.0 for every 400 square feet of office space	1.0 for every 250 square feet of office space
	Church	1.0 for every 4.0 seats	1.0 for every 3.0 seats
	Golf course	4.0 for every hole	8.0 for every hole
	Hangar, helipad	1.0 for every aircraft space	2.0 for every aircraft space
	Library, public facility/building, public administrative office	1.0 for every 400 square feet of floor area	1.0 for every 200 square feet of floor area
	Park or recreational facility	3.0 per acre	8.0 per acre
	School, college	8.0 for every classroom/ assembly area and 2.0 spaces for every room used for administration	15.0 for every classroom/ assembly area and 3.0 spaces for every room used for administration
	School, elementary and middle	1.0 for every 500 square feet of classroom and office/administration space	1.0 for every 300 square feet of classroom and office/administration space
	School, high	1.0 for every 350 square feet of classroom and office/administration space	1.0 for every 150 square feet of classroom and office/administration space
	Wireless communications facility	1.0 for every tower	2.0 for every tower
	Zoo	1.0 for every 2,000 square feet of lot area	1.0 for every 1,000 square feet of lot area

 

      K.   Parking Lot Maintenance: All parking lots, regardless of surface type, shall be maintained on a regular basis to ensure that all striping and curb paintings are visible; all parking and fire lane signage is readable and in good repair; and all parking lots are free from any potholes deemed to be unsafe or any other safety hazards. Parking lots with unsafe potholes or surfaces and/or signs in a state of disrepair, faded striping or curb painting or any other safety hazard shall be repaired within the time frame given in the notification requesting such repairs. Notifications shall be made via the process outlined in section 10-03-13 of this chapter.

      L.   Required Off Street Parking Areas: Required off street parking areas, including driveways, are to be used for parking only. Automobile sales, storage, and other uses are prohibited with the exception of temporary and/or seasonal uses which are subject to appropriate permitting and/or licensing.

      M.   Vehicles For Sale: With the exception of approved auto sales lots, it shall be prohibited and unlawful to maintain or place vehicles on another's property for the purpose of sale.

      N.   Areas Not Designated For Vehicle Parking: Cars, trucks, trailers, boats, boat trailers, and recreational vehicles shall not be parked in required setbacks, on unimproved parking areas, or areas not designed for vehicle parking.

      O.   Commercial Vehicles And Trailers: Commercial vehicles and trailers shall not be parked, stored, or left unattended in residentially zoned areas whether on public or private property except while engaged in construction or any other permitted activities.

      P.   Advertising Vehicles: It shall be unlawful for any person to stand or park a vehicle within any right of way for the purpose of advertising said vehicle for sale, lease, and/or rent. Any violation of this section may result in enforcement action as outlined in section 09-07-19 of this code.

   (4)   Drive-Through Windows: A business with a drive-through window shall be subject to the following:

      A.   Exterior trash receptacles shall be provided to prevent the scattering of litter.

      B.   All drive-through window lanes shall be separated by curb from the parking lot's interior driveways.

      C.   Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

      D.   At least three (3) loading spaces (a total of 55 feet in length) shall be provided from the exterior speaker/microphone system. The loading spaces shall not be designed in any manner that would interfere with off street parking spaces, aisle area, and/or any portion of the driving lane and driveway entrance.

      E.   All exterior seating/play areas shall be separated from a drive-through with a four foot (4') tall fence.

   (5)   Off Street Loading: Off street loading spaces accessory to designated uses shall be provided as follows:

      A.   Location: All required loading spaces shall be located on the same lot as the use served. All vehicle loading spaces which abut a residence district or an intervening alley separating a residence district from a commercial or industrial district shall be completely screened by building walls, or a solid fence, wall, or any combination thereof, not less than eight feet (8') nor more than ten feet (10') in height. No loading space shall be located in a required front or side yard adjoining a street.

      B.   Access: Each required off street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

      C.   Surfacing: All open off street loading spaces shall be improved with a ten inch (10") compacted aggregate base and a minimum thickness of three inches (3") of bituminous concrete.

      D.   Utilization: Space allocated to any off street loading space shall not be used to satisfy the parking space requirements for any off street parking facilities or portions thereof.

      E.   Off Street Loading Space Requirements:

         1.   The minimum number of off street loading spaces accessory to commercial uses shall be: One loading space for buildings containing ten thousand (10,000) to one hundred thousand (100,000) square feet of gross floor area, plus one additional loading space for each additional one hundred thousand (100,000) square feet of gross floor area or major fraction thereof.

TABLE 5
COMMERCIAL LOADING DIMENSIONS

 

Floor Area Of Establishments (Square Feet)	Required Loading Spaces	Required Size (Feet)	Minimum Clearance (Feet)
10,000 to 99,999	1	12 x 50	14
100,000 to 199,999	2	12 x 50	14
200,000 to 299,999	3	12 x 50	14
300,000 and above	4	12 x 50	14

 

         2.   The minimum number of off street loading spaces accessory to industrial uses shall be in accordance with the following schedule in table 6 of this subsection:

TABLE 6
INDUSTRIAL LOADING DIMENSIONS

 

Floor Area Of Establishments (Square Feet)	Required Loading Spaces	Required Size (Feet)	Minimum Clearance (Feet)
10,000 to 19,999	1	12 x 50	14
20,000 to 49,999	2	12 x 50	14
50,000 to 99,999	3	12 x 50	14
100,000 and above	4	12 x 50	14

 

   (6)   Pedestrian Amenities:

      A.   Bicycle Parking:

         1.   Required Spaces: Bicycle parking spaces are required for most use categories in all newly constructed developments to encourage the use of bicycles by providing safe and convenient places to park bicycles. Bicycle parking shall be provided by the following selected residential, commercial, industrial, and public uses listed in table 7 of this subsection: (Ord. 2738, 7-7-2008; Ord. 2805, 11-2-2009)

TABLE 7
BICYCLE PARKING SPACES

Land Use			Bicycle Parking Spaces Required
Residential:
	Multi-family residential		1 space for every 2 units
Residential - commercial:
	Daycare center		1 space for every 20 children
	Dormitories, fraternity/sorority house		1 space for every 2 beds
	Rooming/boarding house, group home, convalescent home/nursing home/assisted living facility		1 space for every 4 beds
Commercial:
	All automotive uses		5 percent of the number of automobile spaces
	All medical uses		10 percent of the number of automobile spaces
	All retail, service, and miscellaneous uses (excluding parking lots and parking garages)		15 percent of the number of automobile spaces
Industrial:
	All manufacturing and storage uses		5 percent of the number of automobile spaces
Public and semipublic:
	Church, community center, park or recreational facility, zoo		15 percent of the number of automobile spaces
	Library, museum		20 percent of the number of automobile spaces
	Preschool, 6 children or greater		1 space for every 30 children
	Public administrative office		25 percent of the number of automobile spaces
	Public facility building		10 percent of the number of automobile spaces
	School, public or private		1 space for every 30 students

 

         2.   Computation: When determination of the number of bicycle parking spaces required by this section results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.

         3.   Bicycle Parking Standards:

            (A)   Residential and residential-commercial bicycle parking must be:

               i. Provided by racks or lockers approved by the planning and zoning director.

               ii. Centrally located on the site or equitably dispersed throughout the site.

               iii. Covered (between 7 and 10 feet in height).

               iv. Illuminated.

               v. Racks or lockers will not be required if the property owner provides at least one bicycle parking space in all dwelling units or dormitory units.

            (B)   Commercial, industrial, and public and semipublic bicycle parking must be:

               i. Provided by racks or lockers approved by the planning and zoning director.

               ii. Within the following distance of the main entrance of a building:

                  Building with one main entrance: Within one hundred feet (100') of the main entrance as measured along the most direct pedestrian route.

                  Building with more than one main entrance: Bicycle parking must be located along all facades with an entrance, and within one hundred feet (100') of at least one main entrance as measured along the most direct pedestrian route.

                  Uses with more than one primary building: Bicycle parking must be located within one hundred feet (100') of a main entrance as measured along the most direct pedestrian access route.

               iii. Illuminated. (Ord. 2738, 7-7-2008)

               iv. (Rep. by Ord. 2865, 6-20-2011)

               v. Two feet by six feet (2' x 6') in area. Aisles must be at least five feet (5') wide.

      B.   Public Transportation:

         1.   Public transportation facilities shall be required when requested by the local mass transit jurisdiction in the following situations:

            (A)   Commercial subdivision(s) and/or development(s).

            (B)   Industrial subdivision(s) and/or development(s).

            (C)   Special use permits.

            (D)   Multi-family dwelling subdivision(s) and/or development(s).

            (E)   Planned unit developments.

            (F)   Manufactured home parks.

            (G)   Rezones.

(Ord. 2738, 7-7-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2911, 9-4-2012; Ord. 2967, 7-21-2014; Ord. 3010, 11-16-2009; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3237, 10-7-2019)

10-02-06: SIGN SCHEDULE:

   (1)   Purpose: The city of Caldwell sign regulations are intended to achieve the following objectives:

      A.   To promote a healthy economy by permitting businesses and the community to inform and direct the general public through the use of signs on buildings and sites.

      B.   To encourage an attractive visual environment for businesses and the community.

      C.   To protect and enhance the physical appearance of the community:

         1.   Assuring the appropriate design, architectural scale and placement of signs;

         2.   Assuring that signs are placed in an orderly and attractive manner on a building or site;

         3.   Assuring that the amount of information on the sign is legible and achieves the intended purpose.

      D.   To ensure public safety along public roadways within the city by regulating the size and number of signs and assuring that all signs are in safe and appropriate locations.

      E.   To provide necessary, yet reasonable and appropriate, signage for all residential, institutional, industrial, and business uses in the community.

      F.   To establish and enforce a reasonable procedure for the eventual removal of nonconforming and/or abandoned signs.

      G.   To ensure that the maintenance of signs continues throughout the life and display of the sign.

   (2)   General Provisions:

      A.   Signs Not To Obstruct Clear Vision In Public Rights Of Way: No sign of any kind shall be erected within the public right of way, unless specifically authorized by this chapter or approved by the city council. When erected in conformance with this chapter, it shall not be placed in such a manner as to obstruct free and clear vision of users of the right of way, or have colors or patterns which interfere, obscure or conflict with any authorized traffic sign, signal or traffic control device.

      B.   Restrictions: No sign of any kind, except public traffic directing devices, public utility signs or safety signs, shall be placed within or project over any:

         1.   Vision triangle.

         2.   Property line.

         3.   "Right of way area", which for purposes of this article, shall be defined as follows: Improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public's use, or future public property planned for future public use, for the purpose of providing vehicular, pedestrian and other public use and includes the land between the right of way lines whether improved or unimproved and comprises the following, at a minimum: pavement, shoulders, curbs, gutters, sidewalks, parking areas, lawns and ground located between the curb and detached sidewalks.

      C.   Removal Of Signs: Any signs, in any zoning district, placed illegally within a public right of way, right of way area, or vision triangle area or that are presenting an immediate vehicular or pedestrian safety hazard, may be removed and disposed of by city staff, with or without notification. Illegal temporary signs placed on private property may be removed and disposed of by city staff, with or without notification.

      D.   Roadway Widening; Future Right Of Way Setback: In those cases where roadway widening is planned and officially approved, the future right of way shall be established as the setback for signage placement.

      E.   Name Or Home Occupation Signs: Regardless of zoning district, one name sign or one home occupation sign is permitted per dwelling unit. One name sign is permitted per business unit. The name sign or home occupation sign shall not be more than three (3) square feet in area, shall be unlighted, and shall be attached flush to the building.

      F.   Changes Of Setback/Height: (Rep. by Ord. 2865, 6-20-2011)

      G.   Special Use Permits: Any situation that involves increasing the square footage or height of a sign, reducing the distance a sign is set back from a property line or right of way line, increasing the maximum number of signs allowed on a property, roof signage, allowing a sign that is not permitted within a zoning district, or allowing illuminated signs in a zone where illumination is not permitted may be granted only upon the successful completion of a special use permit.

      H.   Sign Height: Unless otherwise mentioned in this chapter, all signs constructed after the adoption date hereof shall comply with the following height requirements:

         1.   All signage in the C-2, C-3, M-1, M-2 and I-P Districts shall not exceed fifty feet (50') in height, unless approved through a special use permit.

         2.   All signage in the C-4 District shall not exceed ninety feet (90') in height, unless approved through a special use permit. Except, signs located within the APO-1 overlay shall in no case exceed eighty feet (80') in height.

         3.   All signage in the RS-1, RS-2, R-1, R-2, R-3, C-1, A-D, C-D, and H-D Districts shall not be permitted above the roofline of the tallest building it serves, unless approved through a special use permit.

      I.   Setbacks In All Districts: Unless otherwise mentioned in this chapter, the minimum setback shall be three feet (3') which shall include the footings, base, and all parts of the sign. The setback is measured from the back of a public sidewalk. If no public sidewalk exists the setback shall be measured from the property line.

      J.   Landscaping: All permanent freestanding and monument signs shall be landscaped in accordance with the requirements listed in the landscaping ordinance. The required landscaped area shall be equal to or exceed the total square footage area of the face of one side of the sign(s).

      K.   Corner Lots; Separate Frontage: On corner lots, each lot line abutting a street shall be considered separate frontage.

      L.   Portable Or Temporary Signs: Portable signs or temporary signs cannot be used as permanent signage unless indicated otherwise herein.

      M.   Pole Signs: Pole coverings shall be required on all new pole signs.

      N.   Religious, Charitable, Educational Or Other Signs: Religious, charitable, educational or other signs determined to be similar (specifically excluding all home occupation signage and home occupations) not exceeding one square foot in area for each three (3) linear feet of frontage of the main building on the principal street shall be allowed within residential districts, provided no sign shall exceed thirty- two (32) square feet in area. Such signs may be externally illuminated and shall comply with all requirements of this article. Internal illumination and/or electronic reader boards would require special use permit approval.

      O.   Sign Maintenance And Repair: All signs, regardless of type, shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Maintenance shall be such that the signage continues to conform to any conditions imposed by this article, the sign permit or any applicable special use permits. Nothing in this Code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition, a state of good repair and an aesthetically pleasing condition.

      P.   Display Of Merchandise: Display of merchandise does not count as signage and is permitted on site provided all merchandise is not within or over any public "right-of-way area", as defined herein, or within or over any vision triangle area and all merchandise is in a clean, neat, safe, operable condition.

      Q.   Easements: Signs may be placed within easements, provided the applicant coordinates sign placement with the appropriate utility service or agency having authority over the easement. It shall be understood that any required maintenance or repair within the easement shall take place regardless of any potential damage, displacement or destruction to the sign that may result as a consequence of any maintenance or repair necessary within the easement. Sign repair or replacement shall not be the responsibility of the utility or the City or any other agency having authority over the easement nor shall the utility or the City or any other agency having authority over the easement be held liable for any damage to the sign due to utility maintenance or repair or any other maintenance or repair necessary within the easement. Property owners may be required to sign and have notarized a statement, as prepared by the City, indicating as much.

      R.   Sign Permits: The Planning and Zoning Department does not require sign permits for any signs. The requirement for sign permits for signs is solely regulated by the Building Department and applicable City building codes relating to permits for signage.

      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 roadway and not only the signage along the side of the roadway where the sign is proposed to be installed.

   (3)   Exempted Signs: Except as otherwise provided, the following signs shall not be subject to the provisions of this section:

      A.   These signs are exempted by this Code and may be permitted in a public right-of-way upon authorization through the City Traffic Commission:

         1.   Public regulation and information signs.

         2.   Curb addresses.

         3.   Signs of public service companies for the purpose of safety.

         4.   Traffic, directional, warning, or information signs authorized by the controlling public agency.

         5.   Official notices issued by any court, public agency, or officer.

      B.   These signs are exempted by this code but are not permitted within or over a public right of way and must follow all vision triangle regulations:

         1.   No trespassing and warning signs. Trespassing, private drive, or other safety warning signs placed on private property.

         2.   Flags of any country, state or unit of local government.

         3.   Flagpoles.

         4.   Political signs, provided such signs shall be posted no more than sixty (60) days prior to an election and removed within ten (10) days following election day and shall not be destructive to public property upon posting or removal. Further, prior to placement of any political signage on any private property, permission from the private property owner shall be obtained. No electric political signs shall be allowed in residential districts.

         5.   Internal traffic directional signs.

         6.   Construction signs, provided that such signs are erected no more than thirty (30) days prior to the construction, confined to the site of construction, and removed within ten (10) days of completion of the entire project.

         7.   Holiday decorations and signs of a decorative nature, incidental and commonly associated with any national, local or religious holiday.

         8.   Picket signs, provided they are hand carried.

         9.   Any sign consistent with this article as deemed appropriate by the planning and zoning director.

   (4)   Prohibited Signs: The following signs are specifically prohibited unless indicated otherwise:

      A.   Signs Imitating Warning Signal: No sign shall display intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, nor shall any sign use the words "stop", "danger", or any other word, phrase, symbol, or character in a manner that might mislead or confuse a vehicle driver.

      B.   Signs Within Street Or Highway Rights Of Way: Except as herein provided, no sign whatsoever, whether temporary or permanent, except traffic signs and signals and information signs erected by the controlling public agency, are permitted within any street or highway right of way. Signs within a street or highway right of way are subject to immediate removal and disposal by city staff without notification.

      C.   Signs Attached To Trees, Utility Poles, Traffic Signage Poles, Or Streetlight Poles: Signs shall not be attached to any trees or branches unless said trees or branches are completely on private property and are outside of any street landscape buffer area or right of way area. Signs shall not be attached to any utility poles, power poles, telephone poles, traffic signage poles such as stop sign poles or street name sign or the like, or streetlight poles whatsoever. Any such signage may be removed and disposed of by city staff at any time, with or without notification.

      D.   Signs Attached To Fences; Exception: Multiple signs shall not be attached to a fence. Only one permanent or one temporary sign may be securely attached to a fence, per street frontage and/or per alley frontage, such that there is no more than one sign on a fence's street or alley frontage. No trespassing and warning signs, directional and traffic signs, and temporary construction signs are exempt from this provision.

      E.   Roof Supported Signs: Any sign which is erected above the roofline of a building or structure and which receives any or all of its support from such roof.

      F.   Signs Attached To Trailers Or Vehicles: Signs attached to a trailer or vehicle that is permanently parked along a public highway or street.

      G.   Highly Reflective And Fluorescent Signs: Signs made wholly or partially of highly reflective material unless required by the Caldwell fire department.

      H.   Signs On Benches And Shelters; Exception: Signs on benches and shelters unless the benches and shelters have been established specifically for public transportation use and have been constructed/placed by or through the public transit or city authority after following the sign permitting process. Such bench/shelter signage shall be flat, professionally prepared signs permanently fastened to back support/rests or walls or painted directly on the surface. Signage may not be chained, tied, propped upon or otherwise affixed except as stated previously. Illegally attached signage or signage placed by someone other than the public transit or city authority shall be removed and disposed of by city staff. Signage on benches located in city golf courses is permitted insomuch as golf course signage requirements allow it and all such signage is coordinated through the golf course.

      I.   Signs With Irrelevant Messages: Any sign which pertains to a time, event or purpose which no longer applies.

      J.   Dilapidated Signs: Any sign which is in whole or in part weak, unsafe, unstable or constructed of broken, unsightly, inferior, torn, faded, peeling, old or worn materials or that is any form of disrepair.

   (5)   Schedule:

      A.   RS-1, RS-2, and R-1 districts:

         1.   Permitted signs: Animated reader board or changeable copy signs as incorporated into the business sign, freestanding (post) signs, hanging and suspended signs, monument signs, and subdivision entry signs subject to the provisions listed below:

            (A)   One permanent freestanding (post) business sign, or hanging and suspended sign identifying any permitted use or special use, other than a residential use or home occupation, shall be permitted per street frontage. Each sign shall not exceed twelve (12) square feet in area and may be externally illuminated. A sign permit is required prior to installation.

            (B)   Freestanding (post) business signage or hanging and suspended sign signage in these districts may be expanded to twenty-four (24) square feet in area and/or may be internally illuminated through a special use permit. A sign permit is required prior to installation.

            (C)   One permanent freestanding (post) sign or hanging and suspended sign identifying any use defined as public and/or semipublic in section 10-02-02, table 1 of this article shall be permitted per street frontage. Each sign shall not exceed twenty-four (24) square feet in area and may be externally illuminated. These signs may be expanded to thirty-six (36) square feet in area and/or may be internally illuminated through a special use permit. A sign permit is required prior to installation.

            (D)   One permanent freestanding (post) sign or hanging or suspended sign identifying any public or private elementary or secondary school shall be permitted per street frontage. Each sign shall not exceed fifty (50) square feet in area, unless approved through a special use permit. The sign may be externally or internally illuminated. One permanent freestanding (post) sign or hanging or suspended sign identifying any religious facility shall be permitted per street frontage. Each sign shall not exceed thirty-two (32) square feet in area, unless approved through a special use permit. The sign may be externally or internally illuminated. A sign permit is required prior to installation.

            (E)   One animated reader board or changeable copy sign per building may be permitted only when it is used in conjunction with, and as a part of, a business sign identifying a permitted use or an approved special use and shall not exceed twenty-four (24) square feet in area. One animated reader board or changeable copy sign per building may be permitted only when it is used in conjunction with, and as a part of a use defined as public and/or semipublic in section 10-02-02, table 1 of this article and shall not exceed thirty-six (36) square feet in area. Such signage shall be approved through a special use permit in these districts prior to installation. A sign permit is required prior to installation. Stand alone animated reader boards or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section. A sign permit is required prior to installation.

            (F)   One subdivision entry sign or monument sign may be placed at each entrance of a subdivision, shall not exceed thirty-two (32) square feet, and may be externally illuminated. A sign permit is required prior to installation.

      B.   R-2, R-3, and C-1 districts:

         1.   Permitted signs: Animated reader board or changeable copy signs as incorporated into the business sign, window signs, awning signs, directory signs, freestanding (post) signs, hanging and suspended signs, monument signs, projecting signs, subdivision entry signs, and wall signs subject to the provisions listed below:

            (A)   One permanent freestanding (post), hanging and suspended, projecting or directory sign identifying a permitted or special use, other than a single-family dwelling or home occupation, is permitted per street frontage. Each sign shall not exceed thirty-six (36) square feet in area, and may be externally illuminated. One permanent freestanding (post) sign or hanging or suspended sign identifying any public or private elementary or secondary school shall be permitted per street frontage. Each sign shall not exceed fifty (50) square feet in area, unless approved through a special use permit. Signs identifying any public or private elementary or secondary school may be externally or internally illuminated. A sign permit is required prior to installation.

            (B)   Freestanding (post), hanging and suspended, projecting and directory business signage in these districts may be expanded to fifty (50) square feet in area and/or may be internally illuminated through a special use permit. A sign permit is required prior to installation.

            (C)   One animated reader board or changeable copy sign per building may be permitted only when it is used in conjunction with, and as a part of, a business sign identifying a permitted or approved special use and shall not exceed thirty- six (36) square feet in area. Such signage shall be approved through a special use permit in these districts prior to installation. A sign permit is required prior to installation. Stand alone animated reader boards or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section.

            (D)   Wall signs affixed to a building are permitted on nonresidential uses. Multiple signs are permitted, but the total signage area shall not exceed twenty percent (20%) of the total wall square footage upon which the sign(s) is placed. Wall signs in these districts may be externally illuminated. Sign permits are required prior to installation.

            (E)   One subdivision entry sign or monument sign may be placed at each entrance of a subdivision or business park, the actual signage area (exclusive of the monument portion of the structure) shall not exceed one hundred (100) square feet, and may be externally illuminated in a residential development or externally or internally illuminated in a commercial development or a mixed use development. Sign permits are required prior to installation.

            (F)   One awning sign may be permitted per street frontage. The awning sign shall be located completely on the awning valance. Awnings shall be a minimum of eight feet (8') above sidewalk grade. Awning valances shall have an eighteen inch (18") maximum height. Sign permits are required prior to sign and awning installation.

         2.   Window signs are permitted in any window with street or alley frontage. There are no minimum or maximum requirements for window signs.

      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:

            (A)   Freestanding (post) permanent business, directory, hanging and suspended, pole, projecting, and rotating signs identifying a permitted or special use permit are allowed. The overall square footage of the signage is determined by the length of the street frontage. The gross surface area of all signs on a lot (excluding wall signs, window signs, awning signs, animated reader boards, changeable copy signs, subdivision entry signs and monument signs) shall not exceed one times the linear feet of street frontage of such lot. One sign is permitted on a site for every eighty feet (80') of street frontage. Such signage may be externally or internally illuminated and sign permits are required prior to installation.

            (B)   Wall signs affixed to a building are permitted on nonresidential uses. Multiple signs are permitted, but the total signage area of wall signs shall not exceed forty percent (40%) of the total wall square footage upon which the sign(s) is placed. Wall signs in these districts may be externally or internally illuminated. Sign permits are required prior to installation.

            (C)   One animated reader board or changeable copy sign may be permitted per street frontage only when it is used in conjunction with, and as a part of, a business sign identifying a permitted or approved special use and shall not exceed forty-eight (48) square feet in area per animated reader board or changeable copy sign. Sign permits are required prior to installation. Stand alone animated reader board signs or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section.

            (D)   A billboard or off premises sign may be permitted only in these districts upon the successful completion of a special use permit. Billboards shall be set back at least thirty feet (30') from all property lines. Sign permits are required prior to installation. Exceptions:

               1.   The 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 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.

            (E)   One subdivision entry sign or monument sign may be placed at each entrance of a subdivision or business park, the actual signage area (exclusive of the monument portion of the structure) shall not exceed two hundred (200) square feet, and may be externally or internally illuminated. Sign permits are required prior to installation.

            (F)   One awning sign may be permitted per street frontage. The awning sign shall be located completely on the awning valance. Awnings shall be a minimum of eight feet (8') above sidewalk grade. Awning valances shall have an eighteen inch (18") maximum height. Sign permits are required prior to sign and awning installation.

            (G)   Window signs are permitted in any window with street or alley frontage. There are no minimum or maximum requirements for window signs.

      D.   C-C district:

         1.   See section 10-12-04 of this chapter, except that rules and requirements, as listed in this article, for temporary signs and real estate signs apply to the city center district.

      E.   A-D, C-D, and H-D districts:

         1.   Permitted signs: Animated reader board, awning signs, changeable copy signs, directory signs, freestanding (post) signs, hanging and suspended signs, monument signs, projecting signs, subdivision entry signs, window signs, and wall signs subject to the provisions listed below:

            (A)   Freestanding (post) permanent business, directory, hanging and suspended and projecting signs identifying a permitted or special use permit are allowed. The overall square footage of the signage is determined by the length of the street frontage. The gross surface area of all signs on a lot shall not exceed one-half (0.5) times the linear feet of street frontage of such lot (excluding wall signs, window signs, awning signs, animated reader boards, changeable copy signs, subdivision entry signs and monument signs). One sign is permitted on a site for every one hundred feet (100') of street frontage. Such signage may be externally or internally illuminated and sign permits are required prior to installation.

            (B)   Wall signs affixed to a building are permitted on nonresidential uses. Multiple signs are permitted, but the total signage area of wall signs shall not exceed ten percent (10%) of the total wall square footage facing a street. Wall signs in these districts may be externally or internally illuminated. Sign permits are required prior to installation.

            (C)   One animated reader board or changeable copy sign may be permitted per street frontage only when it is used in conjunction with, and as a part of, a business sign identifying a permitted or approved special use and shall not exceed thirty-two (32) square feet in area per animated reader board or changeable copy sign. Sign permits are required prior to installation. Stand alone animated reader board signs or changeable copy signs are prohibited, excepting that a changeable copy sign may be allowed as a stand alone sign provided all of the temporary sign requirements are met as outlined in subsection (9) of this section.

            (D)   One subdivision entry sign or monument sign may be placed at each entrance of a subdivision or business park, shall not exceed forty-eight (48) square feet, and may be externally or internally illuminated. Sign permits are required prior to installation.

            (E)   One awning sign may be permitted per street frontage. The awning sign shall be located completely on the awning valance. Awnings shall be a minimum of eight feet (8') above sidewalk grade. Awning valances shall have an eighteen inch (18") maximum height. Sign permits are required prior to sign and awning installation.

            (F)   Window signs are permitted in any window with street or alley frontage. There are no minimum or maximum requirements for window signs.

   (6)   Sign Standards:

      A.   Height Measurements: The height of a sign shall be measured from the ground, adjacent to the sign, to the top of the sign and support structure. If the ground under the sign slopes, the height shall be measured from the average grade under the sign itself.

      B.   Area Measurement: The sign area is calculated by determining the number of square feet of the smallest rectangle(s) within which a sign face can be enclosed. In determining the area of an individual sign that has more than one face, the single sign face with the greatest area shall be used. The total sign area is the sum of all individual sign areas. Wall signage does not count towards the total allowable sign area calculated on a parcel of land.

      C.   Setbacks: Setbacks shall be measured from interior property lines or right of way lines. Signs taller than three feet (3') shall not be located within the vision triangle.

      D.   Wall Signs: (Rep. by Ord. 2911, 9-4-2012)

      E.   Illumination: Where illumination of signs is permitted, the following standards shall apply:

         1.   Lighting for signs shall not create a hazardous glare for pedestrians or motorists either in a public street or on any private premises.

         2.   The light source, whether internal to the sign or external, shall be shielded from view. This requirement is not intended to preclude the use of diffused exposed neon.

         3.   Sign illumination for externally illuminated signs shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the sign or onto any public right of way or adjoining property.

         4.   No electronic reader board sign shall be erected without a light detector/photocell by which the sign's brightness can be dimmed when ambient light conditions darken.

         5.   An electronic reader board sign shall maintain a minimum hold time of one second for each individual frame for on premises displays.

         6.   An electronic reader board sign shall maintain a minimum hold time of eight (8) seconds for each individual frame for off premises (billboard) displays.

      F.   Design, Preparation And Construction: All signage, including temporary signage, shall be designed, prepared and constructed by a professional (e.g., architect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs) or others capable of producing professional results.

   (7)   Nonconforming Signs: Any permanent sign existing at the time of the enactment of this section which does not conform to its provisions but which was originally erected in accordance with previously adopted regulations shall be deemed a legal nonconforming sign. Such a sign, if properly maintained, may be continued under the following conditions:

      A.   Whenever a nonconforming sign has been damaged to more than one-half (1/2) of its replacement value, it shall be totally removed, not be repaired or replaced.

      B.   Whenever a nonconforming sign has been structurally altered, relocated or replaced, it shall immediately conform to the provisions of this chapter.

   (8)   Abandoned Signs:

      A.   Abandoned Nonconforming Sign: Except as otherwise provided in this code, any sign located on property which pertains to a use which no longer applies to that property and that has been continuously vacant for a period of time exceeding six (6) months shall be deemed as abandoned. A nonconforming abandoned sign is prohibited and shall be immediately removed upon notice by the city or brought into full compliance by the owner of the sign or owner of the property.

      B.   Abandoned Conforming Sign: Except as otherwise provided in this code, any sign located on property which pertains to a use which no longer applies to that property and that has been continuously vacant for a period of time exceeding six (6) months should be deemed as abandoned. A conforming abandoned sign structure may remain, but all sign advertising, logos, names, etc., should be removed. Such sign structures must be maintained in an aesthetically pleasing manner.

   (9)   Temporary Signs: Requirements and regulations for temporary signs apply to all zoning districts in the city, including the city center zoning district. Temporary signs shall be regulated as follows:

      A.   Types: Temporary signs shall be limited to only the following: banners, yard signs, plywood signs, certain changeable copy signs, and portable signs.

         1.   Animated reader boards and changeable copy signs are not permitted as temporary signs; rather, they are only permitted as permanent signs if, and only if, they are incorporated into the regular business sign as part of the post, pole, wall or monument sign following the requirements for the underlying zoning district. They are not allowed on their own, separate from the regular business sign. They are prohibited as stand alone signs.

            (A)   Excepting that one changeable copy sign per business may be permitted as a stand alone sign provided that all of the following criteria are met:

               i. There shall be no more than one stand alone changeable copy sign per business.

               ii. The face of a stand alone changeable copy sign cannot exceed twenty-four (24) square feet in area.

               iii. A stand alone changeable copy sign cannot be internally illuminated or animated in any way nor capable of having any type of electrical functions.

               iv. A stand alone changeable copy sign must adhere to all other requirements of temporary signs.

               v. Portable changeable copy signs, regardless of what is being advertised be it real estate for lease, sale or rent; goods and/or services either wholesale or retail; and/or any type of event, that are transportable with wheels, trailers or similar that have a thickness of more than one inch (1") are prohibited.

      B.   Illumination: Temporary signs shall not be illuminated.

      C.   Number: Temporary signs shall be limited to three (3) per business, regardless of the type of temporary sign, meaning that a property may have up to three (3) of any of the following at any one given time: a banner, a yard sign, a plywood sign, certain changeable copy signs or a portable sign.

         1.   Excepting that more than one temporary banner sign is allowed in instances where businesses sell/provide goods and services for more than one franchise and each franchise requires its own banner sign.

      D.   Size: Temporary signs shall not exceed twenty-four (24) square feet in area.

      E.   Right Of Way Areas: Temporary signs are not allowed in any right of way area and are subject to removal and disposal by city staff. However, the area between the curb and a detached sidewalk shall not count toward right of way area for purposes of this article and temporary signs may be placed in said area provided all other provisions of this article are adhered to.

      F.   Banner Signs: Banner signs shall comply with the following provisions in addition to all other provisions for temporary signs:

         1.   Banner signs must be professionally prepared and maintained in a neat, clean, repaired condition.

         2.   Banner signs that are tattered, torn or in disrepair or allowed to blow freely shall not be allowed under any circumstances and shall be removed immediately.

         3.   One banner sign may count as a permanent business sign provided it meets all of the requirements for permanent signage for the zoning district in which it is located and provided a sign permit has been obtained.

      G.   Temporary Signs Pertaining To Certain Events: Temporary signs pertaining to events of civic, philanthropic, educational or religious organizations, are permitted provided said signs are placed no more than fifteen (15) days prior to the beginning of and removed within seven (7) days after the end of the event. Said signs do not count against the one allowed temporary sign for the business or dwelling. Said temporary signs may be placed off premises. Said temporary signs must comply with all other requirements for temporary signs.

      H.   Temporary Sign Placement:

         1.   Temporary signs shall be placed on the property of the business which is being advertised. Off premises temporary signs are not permitted, unless specifically stated otherwise in this article.

         2.   The five foot (5') wide sidewalk area shall always remain free of all temporary signage.

         3.   Temporary signs shall not be placed at locations which impede the vision or travel of vehicular traffic or pedestrian traffic.

         4.   Temporary signs shall not be placed within ten feet (10') of a street corner or pedestrian ramp.

         5.   Any temporary sign placed illegally may be removed by city staff with or without notification.

      I.   Temporary Sign Construction:

         1.   Temporary signs shall have no moving parts.

         2.   Temporary signage shall be designed, prepared and constructed by a professional (e.g., architect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs) or others capable of producing professional results.

   (10)   Permits: (Rep. by Ord. 2865, 6-20-2011)

   (11)   Real Estate Signs: Requirements for real estate signage apply to all zoning districts within the city, including the city center zoning district, and are as follows:

      A.   Real estate signs advertise property and/or buildings on property that are for sale, lease, rent or trade.

      B.   Real estate signs do not require a permit.

      C.   Real estate signs must be located on the lot or building that is for sale, lease or rent and must be placed completely on or within the property being advertised.

      D.   Real estate signs may remain on the property until said property has been sold, leased, traded, or rented at which time all real estate signage must be immediately removed.

      E.   One real estate sign is allowed per street frontage.

      F.   Real estate signs are prohibited from being placed:

         1.   On any site or property other than what is being sold, leased, rented or traded.

         2.   In any right of way or right of way area, except that placement in the area between the curb and a detached sidewalk is allowed for real estate signs, including real estate open house signs and directional real estate signs.

         3.   On anything located in right of way or right of way area.

         4.   On park/transit/public benches or shelters.

         5.   On telephone, power or utility poles.

         6.   On street or traffic light poles.

         7.   On street or traffic sign poles.

         8.   On trailers or vehicles permanently parked along public highways or streets.

         9.   Off premises, except as outlined in subsection (11)G of this section.

      G.   Off premises real estate signs or off premises directional real estate signs are prohibited unless approval has been obtained through the special use permit process, except that off premises real estate open house signs shall be allowed provided the signs are not in any right of way area, the signs comply with all vision triangle rules, the signs do not exceed six (6) square feet in area and the signs are not displayed permanently but are put up and taken down on a daily basis; and excepting that off premises directional real estate signs shall be allowed provided: the signs are not in any right of way area; the signs comply with all vision triangle rules; the signs do not exceed four feet (4') in height; the signs are no larger than four (4) square feet in area; the signs only state "property for sale" with an arrow and no other information including agent name, agency name, phone number or address listed on the sign; and, there shall only be one off premises directional real estate sign allowed per street corner.

      H.   A developed or developing subdivision or development is permitted one real estate sign per street frontage in the street landscape buffer area/common lot to advertise the subdivision or development as a whole.

   (12)   Enforcement:

      A.   The planning and zoning director and/or his/her duly authorized representatives are authorized and directed to enforce all the provisions of this article. Said director and/or representatives may enter at reasonable times any building, structure or premises in the city to make inspection of a sign, its structural and electrical connections and ensure compliance with any provisions of this article, including repair or structural alteration for safety of signs which present a hazard to the public. City staff is authorized to immediately remove any signs located in the right of way or vision triangle area without notification.

      B.   Violations shall be handled through the process outlined in section 10-03-13 of this chapter, with the option of being prosecuted for a misdemeanor as set forth in section 10-01-09 of this chapter at the discretion of the planning and zoning director.

   (13)   Definitions: For the purposes of these regulations, a sign shall include any device that is intended to identify, inform, direct or advertise, and may be represented by words, letters, figures, symbols and/or other characterizations, insignia, or devices. Signs shall further be classified by the following definitions:

   ABANDONED SIGN: A sign that no longer identifies or advertises a business, lessee, service, owner, product, or activity currently existing on the property for which the sign is intended to refer.

   ANIMATED READER BOARD SIGN: Any sign which uses continuous, or nearly continuous movement, an intermittent or sequential flashing of the light source, or other visual change, which is clearly intended to depict action, create a special effect or scene, or otherwise attract attention or electronically change the advertised message.

   AWNING OR CANOPY SIGN: A sign that is mounted, painted, or attached to an awning, canopy, or marquee.

   BANNER SIGN: Any sign of lightweight fabric or similar material with no enclosing framework, that is mounted to a building or other structure at one or more edges, but not including those representing a nation, state or other officially recognized public body or institution, or any legitimate public purpose.

   BILLBOARD: Any sign, regardless of size, used to direct attention to, or to provide directions to, a business, commodity, service, any real estate for lease, sale or rent, or entertainment conducted, sold, or offered at any location other than the premises on which the sign is located. Also known as an off premises sign.

   BLADE SIGN: A sign six (6) square feet or smaller, which is suspended from an overhang, canopy, marquee, or is suspended from a mounting attached directly to the building wall, and hangs perpendicular to the building wall.

   BUSINESS SIGN: A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises.

   CENTRAL BUSINESS DISTRICT: The area located between 5th Avenue, 10th Avenue, Union Pacific Railroad and Indian Creek in downtown Caldwell.

   CHANGEABLE COPY SIGN: A sign, such as a bulletin board or public announcement device, where the message or graphics is not permanently affixed to the structure, framing or background, where the message may be replaced periodically, either manually or mechanically and provided such sign does not constitute an animated or flashing sign as defined herein.

   DIRECTORY SIGN: A sign that is compatible with the design theme of the development, may include multiple tenants, and is located at the entrance of the development.

   FREESTANDING (POST) SIGN: A sign supported from the ground or any nonmovable sign not affixed to a building.

   HANGING AND SUSPENDED SIGNS: A sign that is used to help define entries and identify business names to pedestrians. They are small and hang over the building entry if the appropriate clearance is provided.

   ILLUMINATED SIGN: A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

   MONUMENT SIGN: A sign that is made entirely of marble, granite, stone, concrete, or similar material with a continuous at grade base, unattached to a pole, and independent of any structure. Supporting elements, including bases, may not exceed three feet (3') in height and are included in measurement of sign height. Supporting elements, including bases, shall be constructed with materials that are architecturally compatible with the principal structure.

   NAMEPLATE: A permanent, fixed copy sign indicating only the name, address and/or profession of the resident or residents, or the name and/or address of the site or building user(s).

   NONCONFORMING SIGN: A sign which was erected legally, but no longer complies with subsequently enacted sign restrictions and regulations.

   PERMANENT SIGN: A name, identification, description, display, illustration or device which is intended for a permanent period of display. Any sign that is not considered a temporary sign or a real estate sign within this section shall be considered permanent.

   POLE SIGN: A sign that is intended to communicate with people in automobiles. The sign structure is typically located on a single pole, but other types of supports may be used.

   PORTABLE SIGN: Any sign designed to be transported, not permanently attached to the ground or other permanent structure, including, but not limited to:

   A. Signs with wheels, either attached or removed on site;

   B. Signs with transportable chassis or support constructed without wheels;

   C. Signs designed to be transported by trailer on wheels or manually;

   D. A-frame, sandwich board signs;

   E. Signs on balloons and umbrellas.

   PROJECTING SIGN: A sign greater than six (6) square feet other than a wall sign or blade sign that projects from and is supported by the wall of a building or structure.

   PUBLIC REGULATION AND INFORMATION SIGN: A sign erected by a public authority, or by a public service organization granted permission by a public authority, within a public right of way, or on private property when required by law, and intended to control traffic, direct, identify or inform the public, or provide a needed public service as determined by the rules and regulations of the sponsoring public authority.

   ROTATING SIGN: A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.

   SIGN: Any object, device, display, type of material, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Excludes national or state flags, window displays (but not window signs) or official announcements or signs of government. Excludes merchandise.

   SUBDIVISION ENTRY SIGN: A sign that identifies the name of a residential, industrial, or commercial subdivision. This sign is usually a monument sign placed near a vehicular entrance or a wall sign placed on a community facility of the development.

   TEMPORARY SIGN: A sign which is designed to be used only for a limited period of time, as regulated in this section, and is not, nor intended to be, permanently attached to a building, structure, or the ground. A "banner sign", plywood sign, "portable sign", certain changeable copy signs, yard sign all as regulated and defined in this section.

   WALL SIGN: A sign erected parallel with the surface of a wall or other vertical or nearly vertical surface of a structure, and not extending more than what is necessary for the construction and support of that affixed wall sign. A wall sign also includes any signage, advertising, murals, etc., painted directly on the surface of any wall.

   WINDOW SIGN: A sign affixed to a window, including windows within doors or any sign sufficiently near the inside of a window as to make such sign clearly and/or intentionally visible, and easily read, by motorists and pedestrians outside of the building. A sign that is painted or mounted onto a windowpane, or that is hung directly inside a window, solely for the purpose or effect of identifying any premises from the sidewalk or street.

   (14)   Banner Permit Application; Certificate Of Insurance: Each street banner permit application shall be accompanied by a certificate of insurance at the time of application submittal for public liability and property damage coverage with policy limits equal to or greater than the minimum designated by council resolution.

(Ord. 2779, 3-2-2009; Ord. 2805, 11-2-2009; Ord. 2820, 3-1-2010; Ord. 2865, 6-20-2011; Ord. 2911, 9-4-2012; Ord. 2967, 7-21-2014; Ord. 2971, 6-16-2014; Ord. 3010, 11-16-2015; Ord. 3090, 4-17-2017; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3237, 10-7-2019; Ord. 3560, 12-19-2023)

10-02-07: FENCING REGULATIONS:

   (1)   Purpose: To establish standards for the placement of fences.

   (2)   General Provisions:

      A.   For the purposes of this section, walls, latticework, and screens shall be considered to be fences (and shall be used interchangeably) and shall be built and maintained in compliance with the provisions herein. Landscaping, shrubs, plants, etc., are not considered fences and do not need to comply with the provisions contained in this section but must comply with all provisions contained in articles 7 and 8 of this chapter. Fence posts, gates, and other fencing materials installed on a property shall also be in compliance with the provisions herein, including but not limited to height, setback, and material.

      B.   No fence shall be constructed or installed in any zoning district, except the C-C City Center Zoning District which has its own fencing regulations as noted in section 10-12-04 of this chapter, without conforming to these regulations. Additionally, fencing within a designated historic district must comply with all the fencing regulations as listed in this section, as well as complying with all fencing regulations as required in chapter 2, article 17 of this Code.

      C.   Fences shall be built entirely upon the property they are intended to serve.

      D.   Fences built across or on easements must allow access to the entitled parties of the easements for maintenance purposes. Should maintenance by entitled parties of said easements result in damage or dislocation of fences, the owner of the property on which said fence is located, at his/her expense, shall be responsible for any repairs or reconstruction of said fences.

      E.   The property owner shall be responsible for keeping fences structurally sound so as to not endanger life, property or become a nuisance and for keeping fences free from advertising (except for that advertising which is allowed under section 10-02-06 of this article), and prohibited signage as per the sign ordinance and graffiti.

      F.   Fencing over three feet (3') in height should not be allowed, placed, erected, or constructed in any "vision triangle" as defined below.

         1.   "Vision triangle": Defined as measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points with a straight line. The edge of the roadway shall be defined as the curb or where the curb would be if no curb is installed. Driveways are not considered roadways for this definition.

      G.   International Building Code requires building permits for some fences and/or walls. See the Building Department for permit requirements.

      H.   Fences are not required anywhere in the City except as may be necessary for sight obstruction. Certain uses may be declared by the City to possess characteristics such that sight obstruction is required to prevent damage, hazard, nuisance or other detriment to the public health, safety, or welfare.

         1.   The following uses, at the discretion of the Planning and Zoning Director, may be declared as requiring a sight obstructing fence:

            Junkyard.

            Recycling operation.

            Sanitary landfill.

            Storage businesses.

            Wrecking/salvage yard.

            Other uses not specifically listed above but determined by the Planning and Zoning Director to be similar in nature to the aforementioned uses.

         2.   Requirements for sight obstructing fences:

            (A)   Shall be solid or nonvision.

            (B)   The solid or nonvision portion shall be no less than six feet (6') in height as measured from the ground on which the fence is to be placed.

            (C)   Shall completely obscure from outside view the use requiring site obstruction.

      I.   While the City generally prohibits the placement of fencing in public right-of-way areas along residential zones, fencing that is placed in a public right-of-way in a residentially zoned area, whether intentionally or accidentally, is subject to the following conditions whether the fencing is placed in existing or future public right-of-way areas when in residential zones:

         1.   Fencing shall be removed by and at the property owner's expense within five (5) days of a request by the City to remove said fencing;

         2.   Fencing can be removed by the City after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for any existing or future public right-of-way area.

   (3)   Prohibited Fencing:

      A.   Electric, concertina, barbed or razor wire fences in all zoning districts shall be prohibited excepting:

         1.   Livestock containment areas for horses or other permitted farm animals in any zoning district may utilize electric or barbed wire fences.

         2.   Commercial and industrial zoning districts may utilize electric, concertina, barbed or razor wire fencing, but only as the top section of the fence. The beginning of said top section must be at least six feet (6') above grade. This exclusion shall not apply along the front property line and the side property lines within twenty feet (20') of the front property line for all properties fronting a minor or major arterial roadway.

         3.   Public correctional or penal facilities are exempted from this prohibition regardless of the zoning district in which they reside.

      B.   The following materials shall not be utilized for fencing:

         1.   Boxes.

         2.   Sheet or corrugated metal.

         3.   Broken or decaying wood.

         4.   Broken masonry blocks.

         5.   Sheets of plywood.

         6.   Cinder blocks.

         7.   Hubcaps.

         8.   Other unsightly materials as determined by the Planning and Zoning Director.

      C.   Fencing shall not be allowed within a street landscape buffer area as listed in subsection 10-07-08(9) of this chapter.

      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 roadway, and

         2.   If located within any residential zone or abutting a residential zoned property, all exposed edges along the top and outer sides of the decorative corrugated metal fence must be dressed so that no sharp edges are exposed.

   (4)   Zoning District Standards:

      A.   Residential districts (RS-1, RS-2, R-1, R-2, R-3) and College District (C-D):

         1.   Interior Lots:

            (A)   Front Yard Property Line And Setback Area:

               i.   Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii.   Solid fencing height: Maximum three feet (3').

               iii.   Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.

            (B)   Interior Side And Rear Property Line And Setback Area:

               i. Open fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii. Solid fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').

               iii. Setback: No setback from either the side or the rear property line.

         2.   Corner Lots:

            (A) Front Yard Property Line And Setback Area:

               i. Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii. Solid fencing height: Maximum three feet (3').

               iii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.

            (B) Interior Side And Rear Property Line And Setback Area:

               i. Open fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii. Solid fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the interior side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').

               iii. Setback: No setback from either the side or the rear property line.

            (C) Side Property Line And Setback Area Adjoining A Street: Fencing shall follow either subsections (4)A2(C)i and (4)A2(C)ii of this section together or shall follow subsections (4)A2(C)iii and (4)A2(C)iv of this section together:

               i. Open and solid fencing height: Maximum four feet (4') along the side property line, notwithstanding height limitations in vision triangle areas.

               ii. Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.

               Or:

               iii. Open and solid fencing height: Maximum six feet (6') along the side property line, notwithstanding height limitations in vision triangle areas.

               iv. Setback: Ten feet (10') from an existing curb with no sidewalk and five feet (5') from the edge of an existing sidewalk.

         3.   Maximum Height: For purposes of this section, maximum height is above the grade as measured at the point/line upon which the fence shall sit, and includes lattices and berms. Additional height shall be allowed for arbors, arches and/or other architectural appurtenances extending over gates and/or other entryways, as well as gateposts, said appurtenances and gateposts not exceeding eight feet (8') maximum height.

      B.   Commercial, industrial, and institutional districts (C-1, C-2, C-3, C-4, M-1, M-2, I-P, A-D, H-D):

         1.   Interior and corner lots:

            (A)   All Yard Property Lines And Setback Areas:

               i.   Open or solid fencing height: Maximum eight feet (8'), notwithstanding height limitations in vision triangle areas.

               ii.   Setback: Front setback shall be equal to the required width of the landscape buffer for the property as listed in subsection 10-07-08(3) of this chapter. No other setbacks are required.

      C.   Steunenberg residential historical district:

         1.   Interior lots:

            (A)   Front Yard Property Line And Setback Area:

               i.   Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii.   Solid fencing: Maximum three feet (3').

               iii.   Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.

            (B)   Side And Rear Property Line And Setback Area:

               i.   Open fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii.   Solid fencing height: Maximum six feet (6') along the rear property line and the side property line. Except that, as the fence runs along the side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').

               iii.   Setback: No setback from either the side or the rear property line.

         2.   Corner lots:

            (A)   Front Yard Property Line And Setback Area:

               i.   Open fencing height: Maximum four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii.   Solid fencing: Maximum three feet (3').

               iii.   Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.

            (B)   Interior Side And Rear Property Line And Setback Area:

               i.   Open fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the interior side property line, once it reaches twenty feet (20') from the front property line, the maximum height is four feet (4'), notwithstanding height limitations in vision triangle areas.

               ii.   Solid fencing height: Maximum six feet (6') along the rear property line and the interior side property line. Except that, as the fence runs along the interior side property line, once it reaches twenty feet (20') from the front property line, the maximum height is three feet (3').

               iii.   Setback: No setback from either the side or the rear property line.

            (C)   Side Property Line And Setback Area Adjoining A Street:

               i.   Open and solid fencing height: Maximum four feet (4') along the side property line, notwithstanding height limitations in vision triangle areas.

               ii.   Setback: Five feet (5') from an existing curb with no sidewalk or flush along the edge of an existing sidewalk.

               Or:

               iii.   Open and solid fencing height: Maximum six feet (6') along the side property line, notwithstanding height limitations in vision triangle areas.

               iv.   Setback: Ten feet (10') from an existing curb with no sidewalk and five feet (5') from the edge of an existing sidewalk.

         3.   Chainlink fencing, as well as vinyl fencing, shall be prohibited within the Steunenberg residential historic district. Existing fences of these materials may remain, but no new construction of chainlink or vinyl fencing shall be permitted to occur. When an existing chainlink or vinyl fence needs to be repaired, such repairs may include a replacement of the existing materials, but no new sections of the prohibited chainlink or vinyl may be added.

         4.   Any fence installed after December 1, 2019, which fence has street frontage, shall be installed so that the “finished” or “good” side of the fence faces the exterior of the property.

   (5)   Nonconforming Fences:

      A.   Fences which are nonconforming for any reason, but were in place prior to the adoption date hereof, may continue if maintained in good condition and repair and provided they do not impede the safety of motorists or otherwise present a hazard. Safety and/or hazardous issues shall be remedied immediately.

      B.   Fences constructed or erected after the adoption date hereof that do not comply with the standards as listed in this section shall immediately be removed. Prior to any removal, the property owner shall be afforded an opportunity for a hearing before the council; said hearing must be requested within seven (7) days of receipt of a notice of order to remove a fence and shall follow the public hearing process. Failure to request such a hearing will result in the property owner immediately removing the fence.

      C.   A property owner that wishes to construct a new fence such that said new fence would be noncompliant with the standards as listed in this section may request a variance and shall follow variance procedures as established in section 10-03-05 of this chapter.

      D.   Any person or corporation, whether owner, lessee, principal agent, employee or otherwise, who violates any of the provisions of this section or permits any such violation or fails to comply with any of the requirements approved under this section shall be guilty of a misdemeanor statute contained in section 18-113, Idaho Code. Each day's continued violation shall constitute a separate additional violation. Upon conviction of any violation of any of the provisions of this section, such person shall be punished by a fine of not more than three hundred dollars ($300.00) for each day's separate offense or by imprisonment of not more than thirty (30) days, or a combination of fine and imprisonment. (Ord. 2748, 10-10-2008; Ord. 2805, 11-2-2009; Ord. 2911, 9-4-2012; Ord. 2939, 10-21-2013; Ord. 2967, 7-21-2014; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3176, 11-5-2018; Ord. 3253, 3-2-2020)