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(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 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)
(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 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 | |
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
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
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
BICYCLE PARKING SPACES
Land Use
| Bicycle Parking
Spaces Required
| ||
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)
(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.
(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)
(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)
(1) Purpose:
A. Establish standards for nonconforming uses, structures and buildings and their continuance or discontinuance thereof.
B. Establish standards for enlargement, extension, construction, reconstruction, movement or structural alteration of nonconforming structures, buildings, or uses.
C. Establish nonconforming uses deemed as permitted.
D. Establish nonconforming lots of record.
(2) General Provisions:
A. Any structure, building or use lawfully occupying a structure, building or land at the effective date of the zoning ordinance, said effective date being December 13, 1977, or subsequent amendments thereto or at the time of annexation or rezone, which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use and may continue to operate as it did prior to the effective date of the zoning ordinance, subsequent amendments thereto, or annexation or rezone.
B. No existing nonconforming structure or building devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure or building to a use permitted in the district in which it is located. (Ord. 2739, 6-16-2008)
1. Except that if a structure or building is destroyed by fire, flood or other natural disaster, the structure or building may be replaced to its original size and use, including the replacement of more than one primary building on a single parcel or lot (no expansions allowed), prior to the destruction with the provision that all current city codes (examples: landscaping, setbacks, infrastructure, etc.) shall be met in replacing the structure or building with the exception of use. A building permit to replace said structure or building must be secured within twelve (12) months from the time of the structure or building being destroyed. If the building permit is not secured within the twelve (12) month time frame the land shall thereafter be used in conformity with the regulations of the district in which it is located. Any expansions would require compliance with section 10-02-02, "Land Use Schedule", table 1 of this article in addition to compliance with all other current city codes. (Ord. 2967, 7-21-2014)
C. No nonconforming use shall be enlarged, expanded or extended to occupy any additional land area, other than to enlarge, expand or extend said use to the property boundary lines in existence at the time of adoption of the zoning ordinance, except in changing the use to a use permitted in the district in which it is located.
D. Any land use, structure or building, or structure or building and land use in combination, in or on which a nonconforming use is discontinued and subsequently replaced by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed, nor shall any other nonconforming use take place.
E. Where nonconforming use status applies to a structure or building and land use in combination, removal or destruction of the structure or building shall eliminate the nonconforming status of the land and the land shall thereafter be used in conformity with the regulations of the district in which it is located. (Ord. 2739, 6-16-2008)
1. Except that when destruction of the structure or building and land use in combination occurs by fire, flood or other natural disaster, the structure or building and land use in combination may be replaced to its original size and use prior to the destruction, including replacement of more than one primary building on a single parcel or lot, with the provision that all current city codes (examples: landscaping, setbacks, infrastructure, etc.) shall be met in replacing the structure or building with the exception of use. A building permit to replace said structure or building must be secured within twelve (12) months from the time of the structure or building being destroyed. If the building permit is not secured within the twelve (12) month time frame the land shall thereafter be used in conformity with the regulations of the district in which it is located. Any expansions to size or use would require compliance with section 10-02-02, "Land Use Schedule", table 1 of this article in addition to compliance with all other current city codes. (Ord. 2967, 7-21-2014)
F. On any nonconforming structure or building, or portion of a structure or building containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, plumbing, painting, roofing or siding; provided, that the area existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.
G. The provisions of this section apply to the entire zoning ordinance unless specifically stated otherwise in a specific section.
(3) Discontinuance Of Nonconforming Uses:
A. Discontinuance, Vacation, Or Clear Intent To Abandon: Whenever a nonconforming use, structure or building has been discontinued or vacated for a period of one consecutive year, or whenever there is evidence of a clear intent to abandon a nonconforming use, structure or building, such use, structure or building shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the underlying zone district.
B. Exceptions: Provided, however, that if the property has improvements designed for a use which is nonconforming pursuant to the terms of this section, the owner shall retain the right to use said improvements for their designed purpose, notwithstanding a period of nonuse, subject to the following exceptions:
1. The nonuse of the improvements for their designed purpose continues for a period of ten (10) years or more;
2. During nonuse of the improvements for their designed purpose, the improvements are used for a different approved or unlawful use;
3. The improvements are redesigned for a use other than their designed purpose; or
4. Failure of the owner to comply with the provisions of this section.
C. Notification Of Intention To Continue Nonuse: If the nonuse of an improvement described in subsection (3)A of this section continues for a period of one year or longer, the city may, by written request, require the owner to declare his intention with respect to the continued nonuse of the improvement in writing within twenty-eight (28) days after receipt of the request. If the owner elects to continue the nonuse, he shall notify the city in writing of his intention and:
1. Post the property in at least one place with a notice of his intent to continue the nonuse of the improvement and a description of its designed purpose. Notices shall be posted using signs of sixteen (16) square feet each or greater, visible from adjoining public rights of way, constructed in permanent all weather materials and maintained by the owner for the entire period of nonuse; and
2. Publish a notice of intent to continue the nonuse of the improvement and a description of its designed purpose in a newspaper of general circulation in the city where the property is located.
3. For the purposes of this section, "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.
4. Nothing contained in this section shall be construed to prohibit the city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare. (Ord. 2739, 6-16-2008)
(4) Nonconforming Uses Deemed Permitted:
A. Any legally existing residential use, structure or building, whether vacant or occupied, and including mobile homes and manufactured homes as defined in section 10-03-11 of this chapter, located in any zoning district, in existence as of the effective date of this section, said effective date being December 13, 1977, or subsequent amendments thereto, or at the time of annexation or rezone, shall not be considered to be a nonconforming use, but rather shall be deemed a permitted use, until such time that said legally existing residential use, structure or building is replaced with another permitted or approved special use.
B. Any legally existing residential structure or building that has been thus deemed permitted as set forth in subsection (4)A of this section shall have all the privileges of a permitted residential structure or building and the structure or building may be enlarged, replaced, altered, expanded, reconstructed and/or remodeled if a building permit has been obtained from the building official.
C. Any legally existing residential use that has been thus deemed permitted as set forth in subsection (4)A of this section may continue as a permitted use. However, said use may not be expanded to a use not permitted in the underlying zoning district (i.e., duplex cannot become a triplex if not allowed as a permitted use in the underlying zoning district).
D. At such time that said existing permitted use, structure or building as set forth in subsection (4)A of this section is replaced with another permitted use or approved special use or is vacant for more than three hundred sixty-five (365) consecutive days, said existing permitted use, structure or building shall become null and void and shall not be reestablished thereafter. (Ord. 2739, 6-16-2008)
(5) Nonconforming Lots Of Record:
A. In any residential zoning district, any single lot or single parcel of land which was of record as a single lot or single parcel of land and a legal lot at the time of adoption of the city of Caldwell zoning ordinance (December 13, 1977) or annexation or rezone, whichever has occurred first, but does not meet the requirements of the residential zoning district in which it is located for the minimum lot width, minimum lot area or minimum lot frontage, may be utilized for a single-family dwelling if all other requirements of this code are met, a building permit has been issued by the building official, and the lot or parcel has a minimum of twenty feet (20') of frontage on a public street, excluding alleys. (Ord. 2805, 11-2-2009)
B. This does not preclude building codes or fire codes, nor does it preclude any existing or planned drainage, irrigation, municipal sewer, municipal water or utility easements, public right of way or future public right of way.
C. The burden of proof to show a lot of record to be nonconforming shall be upon the property owner. (Ord. 2739, 6-16-2008)
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