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(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)
(1) It shall be unlawful for any person to engage in a "home occupation" as defined in section 10-03-11 of this chapter, within the city, without first having received a home occupation permit therefor to be issued by the city planning and zoning department.
(2) Application for a home occupation permit shall be in writing, signed to and sworn by the resident and the property owner, upon application forms furnished by the city planning and zoning department.
(3) The initial permit fee imposed and collected shall be as set by city council. A home occupation permit shall not be transferable from one individual or property owner to another nor shall said permit be transferable from one site to another but shall be valid only for the site to which it was issued and the individual to whom it was issued. In the event of a change of site or change of individual, application for a new home occupation permit shall be required.
(4) Home occupation permit applications shall meet all of the following home occupation standards to be considered eligible for approval of issuance of a home occupation permit:
A. The home occupation is clearly incidental and secondary to the use of the dwelling. The only uses that may be allowed as a home occupation in any zoning district shall be those that are listed with footnote 2 as shown in section 10-02-02, table 1, "Land Use Schedule", of this article.
B. The home occupation is conducted within the dwelling and is carried on by the inhabitants of the dwelling. The inhabitants of the dwelling do not need to be the dwelling owners, but they must be occupying the dwelling. There may be one individual (paid or unpaid) allowed to participate in the operations of the home occupation, along with the dwelling inhabitant(s), who is not an inhabitant of the dwelling. No one else outside of the dwelling unit shall be allowed to participate in the operations of the home occupation other than the one individual described above.
C. No article shall be sold or offered for sale on the premises or property, except such as is produced by the inhabitant on the dwelling. Any illegal articles or goods sold or offered for sale on the premises such as stolen property or any form of contraband shall be strictly prohibited.
D. The home occupation shall not change the character of the dwelling or adversely affect the uses permitted in the zoning districts. No activity shall indicate from the exterior that the dwelling is being used in whole or in part for any purpose other than that of a dwelling. This includes any on street parking by any individual other than a current resident of the subject home as a result of the home occupation. No more than one home occupation is permitted per dwelling.
1. The delivering of supplies and loading or unloading of vehicles, pertinent to the home occupation, shall not take place between the hours of five o'clock (5:00) P.M. and eight o'clock (8:00) A.M. The only exception is in the case of family/group daycare homes, preschools and daycare centers where children may be dropped off or picked up at any hour of the day or night.
E. The home occupation does not and shall not utilize any on street parking.
F. Not more than one-fourth (1/4) of the gross area of the dwelling shall be used, as a whole, for all home occupations contained within the dwelling, with the following stipulations:
1. Garages, whether detached or attached, shall not be included in the calculation of the gross area of the main floor, they shall not count as the one-fourth (1/4) area that may be used for the home occupation.
2. Bathrooms, hallways, and kitchens shall be included in the calculation of the gross area of the main floor of the dwelling and may be used by the home occupation. However, the use of bathrooms, hallways, and kitchens by the home occupation shall not count toward or against the one-fourth (1/4) allowed, usable gross area of the main floor.
G. All parking resulting from the operation of the home occupation shall be located on site of the dwelling in a designated parking area, such as a driveway; not on the public street or public street right-of-way or in the front yard or front yard setback area.
H. A nameplate sign that complies with section 10-02-06 of this article is permitted when attached to the dwelling.
I. Garages and/or accessory buildings may be occupied by a home occupation if they meet the following standards:
1. No more than fifty percent (50%) of the total gross area of the garage may be utilized for the home occupation.
2. No more than two hundred (200) square feet of total area of accessory structure(s) may be utilized for the home occupation.
J. Hazardous materials shall not be stored in any quantity exceeding a one day supply and shall comply with International Fire and Building Codes for residential occupancy.
K. There shall be no commodities sold, or services rendered, that require receipt and delivery of merchandise, goods, or equipment by anything other than a passenger vehicle or mail delivery vehicles.
L. There shall be no outdoor display of goods or outside storage of equipment or materials used in the home occupation.
M. Dimensions, power rating or weight of equipment and tools used in the conduct of the home occupation shall not exceed that of normal household equipment and tools.
N. The applicant shall be subject to a scheduled inspection by the planning and zoning department to verify compliance with requirements in this chapter, and the applicant shall pass said inspection, prior to issuance of a home occupation permit. All applicable codes must be met to obtain a home occupation permit.
O. An application requesting a home occupation permit shall be valid for sixty (60) days from the date of submittal to the planning and zoning department. If inspections are not completed and passed and a subsequent home occupation permit issued within the sixty (60) day time frame, the submitted application shall become null and void and another application will need to be submitted and applicable fees will need to be paid with the new application, as well as all new inspections and applicable background checks. Applications may be withdrawn by the applicant at any time during the process. A fifty percent (50%) refund of only the application fee shall be issued and only for applications withdrawn within ten (10) days of submittal. Inspection fees may be refunded provided no inspections have taken place prior to the withdrawal request.
(5) A home occupation permit shall be subject to scheduled or unscheduled random inspections at any time for compliance with all federal, state and city codes and regulations. A home occupation permit shall be revoked at any time, other than annual inspections, by the planning and zoning director or his/her authorized designee if it is determined that any condition of the home occupation or any other city laws, ordinances or statutes are being violated. Prior to any revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance to become compliant. Additionally, prior to any revocation, the applicant shall be afforded an opportunity for a public hearing before the council to be conducted as per the process outlined in subsection 10-03-03(2) of this chapter; said hearing must be requested within seven (7) days of receipt of a notice of intent to revoke a home occupation permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing, as described above, will result in immediate revocation of the home occupation permit. See subsection (7) of this section for consequences of noncompliance found during annual inspections.
(6) In cases of violations of subsection (4)C of this section which prohibits any illegal articles or goods to be sold or offered for sale on the property such as stolen property or contraband, and/or where the person(s) has had revocation of a home occupation permit initiated based on a violation of subsection (4)C of this section, the city council may, at the request of the chief of police, invoke a civil penalty of up to two thousand dollars ($2,000.00); provided, the person(s) being assessed is given a hearing before the council concerning the facts of the case. Any fines derived from these penalties will be placed in a dedicated fund to be used to fund drug prevention programs.
(7) All home occupation permits, including those in existence prior to and upon the effective date hereof, shall be subject to scheduled or unscheduled inspections for compliance by the planning and zoning department. Permits shall be compliant with all federal, state and city codes and regulations in place at the time of inspection. Permits found to be noncompliant upon any inspection may be revoked by the planning and zoning director or his/her authorized designee if compliance is not accomplished within thirty (30) days of notification of noncompliance. The planning and zoning fee for the annual renewal of home occupation permits, as well as any applicable inspection fees, shall be paid upon submittal of the renewal application and shall be the amount set forth by city council through resolution.
(Ord. 2737, 5-5-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2939, 10-21-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019)
(1) City daycare permits or city daycare licenses for any type of daycare centers, family/group daycare homes and/or preschools are not required. This does not preclude special use permit approval, however, for land use which may or may not be required depending upon the type of daycare and the zone designation of the subject property. Any type of daycare that does require special use permit approval shall have to obtain such approval and abide by all conditions of approval prior to seeking required state licensure.
(2) All daycare centers, family/group daycare homes and/or preschools shall abide by all state of Idaho code and/or licensure requirements and shall also receive state licensure regardless of the type of daycare and regardless of the number of children cared for. All types of daycares shall submit to the planning and zoning department a copy of their state license within thirty (30) days of receipt. (Ord. 2865, 6-20-2011)
The purpose of this section is to establish guidelines for the construction and placement of all wireless communications facilities and towers within the city of Caldwell. The goal is to minimize all adverse visual and safety effects on the community by employing collocation innovative design, location, and camouflaging techniques.
(1) Establishment Of Standards: This section establishes standards for the placement of antennas, wireless communication facilities and their accessories within Caldwell's zoning districts as well as the city's area of impact.
(2) Applicability: This section shall not govern antennas or towers which are used exclusively for the transmission of emergency signals. (Ord. 2383, 8-20-2001)
(3) Definitions: Certain terms are defined to provide clarity to this section:
ACCESSORY USE: A use incidental and subordinate to the principal use of the premises, as set forth in section 10-03-11 of this chapter.
AESTHETIC ZONE: The area of a circle, centered about the center of the base of the WCF and whose radius is the height of the WCF when applied to a residential zone and one-half (1/2) the height when applied to a nonresidential zone, to include easement dimensions as part of the zone consideration. The purpose of the aesthetic zone is to minimize visual obtrusiveness by relating setback distances to the height of the tower.
AIRPORT HEIGHT RESTRICTIONS: Those set forth in subsection (11) of this section.
ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications.
COLLOCATION: The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna on a preexisting structure.
HEIGHT: When referring to a tower or other structure, means the distance measured from the finished grade of the platform or two feet (2') above the ground, whichever height is the lesser, to the highest point on the tower or other structure, including any antenna.
NONRESIDENTIAL: Any parcel that is not zoned as a residential zone, to include commercial, industrial, and manufacturing zones.
PRESENTATION STREETS: For purposes of this section, shall include Blaine Street and Cleveland Boulevard between 12th Avenue and 21st Avenue, and 21st Avenue from Cleveland Boulevard to Franklin Road (the lasso). This section is intended to cover all future presentation streets in a similar fashion.
PRINCIPAL STRUCTURE: A preexisting structure located on the same lot as the WCF, as used in this chapter. If a lot is previously undeveloped, the WCF shall be considered the principal structure.
RESIDENTIAL ZONES: Any parcel that is zoned R-1 (single- family residential), R-2 (combined medium-density residential), any R-3 zone (multi-family high-density residential), and R-S (semi-rural residential), or other residential zones created by the city after the effective date hereof.
STRUCTURE: Anything constructed, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Structures include, but are not limited to, buildings, walls, fences, and billboards. For the purpose of this section, structures shall not include WCFs.
TOWER: Any facility designed and constructed solely for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes. The term includes radio and television transmission towers, microwave towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and its associated means of support.
WCF OR WIRELESS COMMUNICATIONS FACILITY: Refers to a tower and all attachments. (Ord. 2383, 8-20-2001; Ord. 2911, 9-4-2012)
(4) Collocation:
A. Any collocation shall require an administrative review and shall be subject to an independent building code review and permit process.
B. If a new antenna is attached to an existing WCF, all setbacks required by subsection (6) of this section must be maintained.
C. If an antenna is collocated on a public utility, such as a power pole, the applicant must provide documentation from the utility stating that it does not object to the collocation.
D. An existing utility pole may be replaced with a taller pole to accommodate collocation, provided that the owner or person who otherwise controls the pole finds it to be acceptable.
E. The owner or person who otherwise controls the WCF or structure under consideration for collocation shall undertake to charge fair and reasonable market rent or other compensation for collocation.
F. If the owner or person who otherwise controls a WCF shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be considered a nonconforming structure and shall not be altered, expanded, or extended in any respect, as set forth in section 10-02-08, "Nonconforming Uses", of this article unless such changes are made to accommodate additional carriers. The maximum height of antennas mounted on preexisting structures shall be eight feet (8') above the height of the structure, or not above the maximum allowable height in the underlying zone, whichever height is greater.
G. Antennas may be attached to light standards, power line support devices, or flagpoles, provided the owner or authority agrees in writing to such placement. The applicant must provide verification from a qualified and licensed engineer that the antenna placement will not create safety hazards and is compatible with the item's structural integrity.
H. A WCF may be rebuilt at a new location on site in a nonresidential zone through an administrative review process, providing that its new location adheres to the aesthetic zone requirement. The existing WCF must be removed within six (6) months of the approval of its replacement. The owner(s) of the existing tower must agree to pay fees incurred by the city to remove the WCF should they fail to comply with the removal procedures. This removal agreement will be a condition of approval.
I. In order to be considered for new WCF construction, the applicant will be responsible for obtaining a list of existing WCFs from Canyon County development services, and to demonstrate in writing that collocation is not feasible on the existing WCFs due to any combination of the following:
1. Existing towers or structures located within the applicant's search radius are not sufficient in terms of location, height, or structural strength.
2. The proposed collocation of an existing tower or facility would be in violation of any local, state, or federal law.
3. The unwillingness of another tower or facility owner to entertain the shared use.
4. The fees, costs, or contractual provisions required to share or adapt existing WCFs and structures located within the existing zones that meet applicant's needs are unreasonable. For purposes of this section, unreasonable costs are those determined to exceed the costs of new tower development. Contractual provisions will be reviewed on a case by case basis.
5. The applicant's proposed antenna would cause electromagnetic interference with the antenna located on the existing WCFs or the existing antenna would cause interference with the applicant's proposed antenna.
6. The applicant demonstrates that there are other limiting factors that prevent collocation. (Ord. 2383, 8-20-2001)
(5) Procedure:
A. Requirements: It shall be unlawful for any person to erect, construct, or replace any wireless communications facility or antenna within the city without first contacting the city's planning and zoning department to determine the need for any special use permit approvals and associated fees that may or may not be necessary prior to obtaining any required building or electrical permits. (Ord. 2911, 9-4-2012)
B. Design Review Approval: (Rep. by Ord. 2805, 11-2-2009)
C. Application: In addition to standard requirements for obtaining a building permit, all applications for the construction or modification of an antenna or a wireless communication facility must include the following information:
1. Applicant's name, address, and telephone number.
2. Name, address, and phone number of the carrier.
3. Documentation from a licensed and qualified engineer showing that the proposed facility will meet or exceed all federal communications commission standards regarding radio frequency emissions and other energy considerations.
4. Documentation showing that the proposed facility conforms to all regulations administered by the federal aviation administration, including light and height restrictions 1 .
5. For new towers only: Caldwell grants special use permits (SUP) through legislative process to afford a land parcel additional or exceptional uses. All new WCFs must obtain an SUP prior to obtaining a building permit. In addition to all information required for an SUP application, WCFs must also include the following:
(A) A letter of intent from the owner of the WCF committing the tower to collocation of additional antennas, as set forth in subsection (4) of this section, provided the collocator is agreeable to reasonable terms and conditions for shared use.
(B) A report from a qualified and licensed engineer, including his/her stamp and registration number on all items. The report shall describe the proposed facility, and include the following information:
i. A description of the WCF height and design to include a cross section, elevation profile and stabilization method.
ii. The documented height above grade for the positions of all potential collocated antennas.
iii. Lighting plans, if any.
iv. The minimum mounting distances for collocated antennas.
v. The tower's capacity to accept collocated antennas, including the number and types of antennas that may be mounted.
vi. Documentation that the WCF is constructed to meet industry standards, as set forth in subsection (8)H of this section.
vii. Documentation that the WCF and accessory structures will not produce any adverse noise, as set forth in subsection (8)I of this section.
(C) A written analysis, demonstrating that the proposed location is the most appropriate within the immediate area and the basis for that determination offered in a narrative format; the analysis shall include:
i. The topography and description of the surrounding area.
ii. Impediments that would obstruct transmissions.
iii. Technical limitations.
(D) Roadway access to the WCF.
6. Documentation of the steps the applicant will take to avoid electromagnetic interference with other communication facilities.
7. Written evidence of compliance with all building and electrical codes.
D. Additional Information Provided: The city may require the applicant to provide additional information about the WCF or antenna beyond the information required above. Additionally, the city may retain a qualified consultant at the applicant's expense for review purposes.
E. Notice Of Continued Operation: The owner of any tower must send a letter to the city of Caldwell community development department annually advising the municipality of the tower's continued operation.
(6) Height And Setbacks: Towers and antennas will be permitted in all city zones subject to the following height and setback limitations. For purposes of land use, height, and setback considerations, land is divided into residential and nonresidential use:
A. Residential Zones:
1. WCFs will be restricted to a height of eighty feet (80'). This residential limit is based on the average height of a mature tree in Caldwell.
2. The eighty foot (80') height limitation may be extended by means of a height bonus up to twenty-five percent (25%) of the residential limit as a collocation incentive, provided the height addition does not exceed the parcel's ability to meet the underlying aesthetic zone.
3. A residential parcel cannot be rezoned to a nonresidential parcel for the purpose of constructing a WCF to a greater height.
4. No variance or administrative exception is available to extend the WCF beyond the noted height provision.
5. WCFs must comply with all airport height restrictions.
B. Nonresidential Zones:
1. The WCFs aesthetic zone and airport height restrictions will restrict allowable heights.
2. WCFs located in a nonresidential zone must be set back from any abutting residential zone a distance equal to the height of the WCF as a means to further buffer incompatible uses. (Ord. 2383, 8-20-2001)
C. Height Restriction: Each of Caldwell's land use zones has an accompanying height restriction. The planning and zoning director has the discretion through an administrative process to increase a zone's maximum height by up to twenty-five percent (25%). If the height of the WCF is less than the permitted height within the underlying zone, to include the planning and zoning director's administrative height discretion, the WCF is not subject to the aesthetic zone provisions. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
D. Setback Restriction: Each of Caldwell's land use zones has an accompanying setback restriction. WCFs not subject to the aesthetic zone requirements shall meet the setback requirements of the underlying zone, as set forth in section 10-02-03 of this article. (Ord. 2383, 8-20-2001)
E. Prohibition: WCFs are prohibited within three hundred feet (300') of hospitals, schools, and institutions of higher education, for purpose of allaying possible safety concerns. This restriction may be waived if written authorization for the placement of the WCF is received from the affected hospital, school, and/or institution of higher education. (Ord. 3010, 11-16-2015)
F. Accessory Structures: No structure accessory to a WCF or antenna shall be more than twelve feet (12') in height and shall not contain more than two hundred fifty (250) square feet of gross floor area per carrier to a maximum of one thousand (1,000) square feet. (Ord. 2383, 8-20-2001)
G. Historic Properties: All WCFs must be set back four hundred feet (400') from any property listed on the national register of historic places. The planning and zoning director may reduce the setback after consultation with the historic preservation commission, provided the WCF is creatively designed so that it will not detract from its surroundings. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
H. Conflict: If there is a conflict between setback requirements, the greater setback shall prevail.
(7) Uses:
A. A WCF may be considered the principal or accessory use. (Ord. 2383, 8-20-2001)
B. A WCF may be placed on a land parcel with a preexisting land use if the uses are compatible. It is the responsibility of the applicant to demonstrate to the planning and zoning director's satisfaction that the uses are compatible. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
C. If an applicant is seeking to place a WCF on a land parcel already subject to a special use permit, it may be a basis for denying the application.
D. A temporary WCF or antenna erected for test purposes, emergency communication, or for broadcast remote pickup operations shall not require a building permit. The temporary time frame must be established and approved prior to the placement of the WCF or antenna.
(8) Design:
A. Collocation: Collocation is encouraged for its visually enhancing attributes and its potential to minimize land use impacts.
1. WCFs that are one hundred feet (100') in height, up to and including one hundred twenty-five feet (125') in height shall be structurally designed to accommodate at least two (2) service providers.
2. WCFs that are between one hundred twenty-five feet (125') and one hundred fifty feet (150') in height shall be structurally designed to accommodate at least three (3) service providers.
3. WCFs that are one hundred fifty feet (150') in height or greater shall be structurally designed to accommodate at least four (4) service providers.
4. Towers greater than two hundred feet (200') in height are discouraged.
B. Materials:
1. Colors, materials, textures, screening, and landscaping shall be used to blend the WCF into the natural setting and/or the built environment and shall be approved by the city as a part of the design review procedure.
2. Metal towers shall be treated with corrosive resistant materials; wood poles shall be treated with a rot-resistant application.
C. Lighting: No antenna or WCF shall have stationary lights, strobe lights, reflectors, flashers, or other illumination devices attached to it except during times of repair or as specifically required by the federal aviation administration, the federal communications commission, or other agencies of jurisdiction. If lighting is required, the design chosen must cause the least disturbance to the surrounding views.
D. Signage: Signs, including advertisement, are prohibited on WCFs, other than to provide warning or equipment information.
E. Access:
1. Climbing pegs shall be removed from the bottom twenty feet (20') of the WCFs and replaced only for maintenance purpose to discourage use by unauthorized persons. Climbing guards shall be placed on conduit risers to prevent climbing of underground risers.
2. All WCFs shall be surrounded by a security fence as a means of further deterrence. The security fence shall not exceed a height of six feet (6') in a residential zone. The fence shall have a locked gate and shall be at least eighty-five percent (85%) opaque. Landscaping may be required.
F. Identification: A sign no larger than two feet (2') in height or width shall be mounted on the outside of the security fence identifying the owner of the tower and a contact number.
G. Landscaping: All required landscaping shall be Xeriscape tolerant or irrigated and properly maintained to ensure its good health and vitality; existing vegetation shall be maintained to the greatest extent possible.
H. Compliance:
1. The WCF design shall comply with all applicable building and electrical codes, as administered by the city building official.
2. All WCFs shall be constructed to the telecommunications industry association/electronic industries association (TIA/EIA) 222 revision F standard entitled "Structural Standards for Steel Antenna Supporting Structures" or as may be amended.
3. All towers must meet or exceed current standards and regulations of the federal communications commission, federal aviation administration, or other agencies of jurisdiction regulating WCFs. If the standards and regulations change, the WCF shall come into compliance with them within six (6) months. The failure to bring towers and antennas into compliance with new standards and regulations in a timely manner will constitute grounds for removal of the WCF at the owner's expense.
4. If a WCF is built on an undeveloped lot, it may be required to come into compliance with other land use requirements such as placement of curbs and gutters.
I. Noise: The WCF and accessory structures shall not produce noise levels separate or accumulative above forty-five (45) dB as measured from the nearest property line on which the WCF is located.
J. Installation: The installation of a WCF or an antenna shall not violate any existing deed. (Ord. 2383, 8-20-2001)
(9) Abandoned Towers:
A. The owner of any WCF must notify the Caldwell planning and zoning department in writing within thirty (30) days that a WCF is no longer operational. Any WCF not operated for a continuous period of twelve (12) months shall be considered abandoned. (Ord. 2383, 8-20-2001; Ord. 2805, 11-2-2009)
B. A nonoperational WCF shall be removed within six (6) months of the city's determination that the structure is abandoned or nonoperational.
C. In the event that a WCF and accompanying facilities are not removed within six (6) months, they may be removed by the city and the associated costs assessed against the property.
D. The abandonment provision shall become effective when the WCF has no operational component. (Ord. 2383, 8-20-2001)
E. Determination of the date of abandonment shall be made by the planning and zoning director based upon documentation and/or affidavits from the WCF or antenna owner/operator regarding the issue of usage. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
(10) Preexisting WCFs And Antennas:
A. A notice of continuing use must be filed with the Caldwell planning and zoning department by the owner/operator for all WCFs or antennas existing prior to the effective date hereof, certifying that the structure continues to be used as a WCF or as an antenna. (Ord. 2383, 8-20-2001; Ord. 2805, 11-2-2009)
B. Once a notice of continuing use is filed, the WCF or antenna shall then be considered a preexisting use and shall be allowed to continue to be used as it presently exists.
C. Failure to file a notice of continuing use within one year of the effective date hereof and provided the carrier has been notified sixty (60) days in advance of that notice deficiency shall constitute abandonment.
D. Routine maintenance and minor modifications that do not extend the height of the WCF may be made on preexisting WCFs to allow for collocation. Replacement of antennas shall be considered routine maintenance, so long as the new antenna does not increase the height of the WCF. All other modifications shall require the WCF to comply with the provisions of this section.
E. For purposes of this subsection, all antennas and WCFs that have received final approval in the form of a building permit prior to the effective date hereof shall be considered existing.
(11) Airport:
A. Any construction sponsor is required to submit a notice to the city, federal aviation administration (FAA) and Idaho transportation department, division of aeronautics, if the construction exceeds the following:
1. If the proposed object would be more than one hundred fifty feet (150') above ground level at its location.
2. If the proposed object would be within twenty thousand feet (20,000') and would exceed one foot (1') in height for each one hundred feet (100') horizontally from the nearest point of the nearest runway.
B. The preferred form of notification is the FAA form 7460-1; this form needs to be filled out in full and include all recommended attachments.
C. An antenna tower will be prohibited if its height exceeds the following:
1. Any of the imaginary surfaces as defined by federal aviation regulation part 77 for the most demanding future approach anticipated for the airport,
2. Any of the surfaces as defined by FAA handbook 8260.3, "United States Standards For Terminal Instrument Procedures" (TERPS) for the most demanding future approach anticipated for the airport,
3. If it is determined to be a hazard to air navigation by the FAA.
D. Any antenna tower will be marked and lighted in accordance with FAA advisory circular 70/7460-1K change 1 if it is determined that:
1. It is a hazard to air flight as defined by Idaho Code 21-513 through 21-520 and Idaho transportation department rule 39.04.02,
2. It is one hundred fifty feet (150') above ground level at its location,
3. Lighting and marking is recommended by either the FAA or the Idaho division of aeronautics.
E. The city will use the obstruction determinations prepared by the federal aviation administration and the Idaho division of aeronautics as their own for the purposes of administering these height restrictions.
(12) Other:
A. The placement of WCFs in historical designated areas and within one hundred feet (100') of future designated presentation streets is discouraged and may subject the WCF to additional requirements.
B. In addition to the conditions imposed by this chapter, the planning and zoning commission and the hearing examiner reserve the right to attach additional conditions, to include specific placement provisions, time durations and financial bonds.
(13) Violations:
A. Any WCF or antenna in violation of this code will receive notification from the city, including a time provision during which the owner must bring the WCF or antenna into compliance, which will be based upon the nature of the violation.
B. Once a WCF or an antenna is found to be in violation of this code, the owner shall make no further construction or modifications of any WCF or antenna located within the city or its area of impact until the requirements for compliance are met.
C. In the event that police, fire, ambulance, or other emergency services experience interference attributable to the transmissions of a WCF or antenna, the antenna or WCF will be considered to be in violation of this section and the service provider shall immediately reconcile the conflict and provide the municipality a written correspondence explaining the actions that were taken to pronounce remedy.
D. Failure to comply within a timely manner will result in the removal of the WCF or the antenna by the city at the owner's expense, equal to two hundred percent (200%) of the cost of removal.
(14) Severability: All sections and subsections of this section are severable. The invalidity of any section or subsection shall not affect the validity of the remaining portions.
(15) Conflicts: All ordinances or parts of ordinances in conflict with the provisions of this section are hereby repealed to the extent of such conflict, except to the extent of any conflicts with the city of Caldwell comprehensive plan as amended, which provisions shall prevail over any part of this section which are inconsistent, either in whole or in part, with the said comprehensive plan.
(16) Effective Date: This section shall have effect upon becoming law. (Ord. 2383, 8-20-2001)
Notes
| 1 | 1. See subsection (11) of this section. |
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