10-02-11: WIRELESS COMMUNICATIONS FACILITIES:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

E. EV (Electric Vehicle) Parking Spaces: All new commercial construction or commercial additions shall provide designated parking spaces with provided Level 2 electrical hook-ups for electric vehicles. The spaces shall be designated for EV's only. The number of required EV parking spaces shall be determined as follows:

1. New construction or additions that requires less than twenty five (25) parking spaces shall be exempt from this requirement.

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

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

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

TABLE 3
PARKING LOT DIMENSIONS

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

Note:

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

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

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

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

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

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

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

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

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

TABLE 4

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

E. Off Street Loading Space Requirements:

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

TABLE 5
COMMERCIAL LOADING DIMENSIONS

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

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

TABLE 6
INDUSTRIAL LOADING DIMENSIONS

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

(6) Pedestrian Amenities:

A. Bicycle Parking:

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

TABLE 7
BICYCLE PARKING SPACES

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

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

3. Bicycle Parking Standards:

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

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

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

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

iv. Illuminated.

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

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

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

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

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

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

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

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

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

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

B. Public Transportation:

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

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

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

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

(E) Planned unit developments.

(F) Manufactured home parks.

(G) Rezones.

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

10-02-06: SIGN SCHEDULE:

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

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

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

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

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

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

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

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

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

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

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

(2) General Provisions:

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

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

1. Vision triangle.

2. Property line.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

S. Billboards: All billboard/off-premises signs located along I-84 freeway, highways, and principal arterials shall have a minimum separation distance of one thousand three hundred twenty feet (1,320'). This measurement shall include signs along both sides of the roadway and not only the signage along the side of the roadway where the sign is proposed to be installed.

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

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

1. Public regulation and information signs.

2. Curb addresses.

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

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

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

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

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

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

3. Flagpoles.

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

5. Internal traffic directional signs.

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

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

8. Picket signs, provided they are hand carried.

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

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

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

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

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

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

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

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

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

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

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

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

(5) Schedule:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. C-2, C-3, C-4, M-1, M-2, and I-P districts:

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

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

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

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

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

1. The city of Caldwell may provide permanent off premises signage for the following purposes: highlighting landmarks and entry points to downtown or specific districts; highlighting the history of Caldwell; providing maps and geographical information; on central locations, listing businesses within the city of Caldwell for advertising purposes; and providing a designated place for posting fliers, posters for upcoming events, and public notices. Such signage shall be placed on city property, shall have to receive approval from city council prior to placement, and shall be owned, operated, and maintained by and through the city of Caldwell.

2. Billboards located along I-84 freeway, and federal or state highways that meet the required separation distances as listed in Section 10-02-06(2)S of this chapter shall be outright permitted.

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

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

D. C-C district:

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

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

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

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

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

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

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

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

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

(6) Sign Standards:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) Abandoned Signs:

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

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

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

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

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

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

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

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

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

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

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

B. Illumination: Temporary signs shall not be illuminated.

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

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

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

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

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

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

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

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

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

H. Temporary Sign Placement:

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

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

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

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

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

I. Temporary Sign Construction:

1. Temporary signs shall have no moving parts.

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

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

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

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

B. Real estate signs do not require a permit.

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

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

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

F. Real estate signs are prohibited from being placed:

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

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

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

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

5. On telephone, power or utility poles.

6. On street or traffic light poles.

7. On street or traffic sign poles.

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

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

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

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

(12) Enforcement:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. A-frame, sandwich board signs;

E. Signs on balloons and umbrellas.

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

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

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

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

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

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

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

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

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

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

10-02-07: FENCING REGULATIONS:

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

(2) General Provisions:

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

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

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

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

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

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

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

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

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

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

Junkyard.

Recycling operation.

Sanitary landfill.

Storage businesses.

Wrecking/salvage yard.

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

2. Requirements for sight obstructing fences:

(A) Shall be solid or nonvision.

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

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:

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.

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

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)

10-02-08: NONCONFORMING USES:

(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)

10-02-09: HOME OCCUPATIONS:

(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)

10-02-10: DAYCARES:

(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)

10-02-11: WIRELESS COMMUNICATIONS FACILITIES:

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 .

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.

10-02-12: STEUNENBERG RESIDENTIAL HISTORIC DISTRICT :

(Rep. by Ord. 2755, 9-22-2008)

Notes

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

10-02-13: TEMPORARY USE MERCHANTS, TRANSIENT MERCHANTS, MOBILE FOOD UNITS, AND SPECIAL EVENTS:

(1) Purpose And Intent: The purpose of this section is to protect the health, safety, and welfare of the city of Caldwell and its residents. This section is not intended to prohibit or hamper speech which is protected by the first amendment, but merely to regulate specific activities which are commercial in nature.

(2) Definitions: As used in this section, the following terms shall have the following meanings:

BARBECUE GRILL/RANGE: An appliance intended and approved for the commercial preparation of food using a solid fuel or gas fuel, said prepared food to be sold. Solid fuels could include wood, charcoal, or similar products. Gas fuel appliances would use propane or natural gas. Required safety precautions could include hoods, ducting, exhaust fans, grease extractors, fire extinguisher(s) and/or fire extinguishing systems or any combination thereof.

BUSINESS PERMIT: A permit issued by the planning and zoning department signifying a business is an allowed land use in the zoning district in which the business is located and/or that the business is a legally nonconforming land use.

MOBILE FOOD UNIT: A vehicle or a readily portable structure solely for the purpose of the preparation and sale of food and beverages. As an accessory use located on the same lot and in conjunction with an allowed use; or located on a lot independent of another use. Unless specifically excepted, mobile food units shall be subject to all provisions set forth in this section 10-02-13.

PARADE ROUTE: The streets upon which a city sanctioned parade, per Caldwell City Code Section 09-13-01, shall be travelling, and the area within five hundred (500) feet of the centerlines of said streets. The parade route shall be deemed to exist for the twenty-four (24) hours immediately prior to the start of a parade, during a parade, and for the twenty four (24) hours immediately following a parade.

TEMPORARY: A consecutive period of six (6) months or less within one calendar year.

TEMPORARY MODEL HOME OFFICE: A structure built as a house that will, at some point, be used as a residence but is temporarily being used as a model home office with a temporary occupancy permit only. The area used for the model home office shall be limited to the garage only and it shall not exceed five hundred (500) square feet, unless specifically stated otherwise in the application. The expiration date of the temporary model home office shall not exceed five (5) years or when the subdivision it serves is fully developed and shall not be extended beyond the stated date unless a new permit is granted.

TEMPORARY USE: Any commercial use of land that will last for no more than six (6) consecutive months (excepting mobile food units which have an unlimited amount of time) that is not the principal or special permitted use designated for said land.

TEMPORARY USE FACILITY: Any vehicle (except mobile food units), tent, canopy, stall, booth, cart, trailer, or any other facility used in conjunction with a temporary use.

TRANSIENT MERCHANT: Any person who engages in a temporary business, not to exceed seven (7) consecutive days, of selling, trading, offering for sale or trade, or displaying for the purpose of sale, trade, or giveaway any goods, wares, merchandise, or services within City limits and who in the furtherance of such purpose, hires, leases, uses or occupies any premises, including any parking lot, within the City for the purposes of conducting said temporary transient merchant business. A parcel of land shall be limited to a maximum of four (4) such sales during any calendar year, with no sale occurring within the previous thirty (30) calendar days.

TRANSIENT MERCHANT FACILITY: Any tangible structure including, but not limited to, a stall, booth, tent, platform, box, table, rack, pallet, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services used in conjunction with a transient merchant. No food preparation is permitted in a transient merchant facility.

(3) Temporary Use, Transient Merchant Facilities, And Mobile Food Unit Regulations: All temporary uses, transient merchants, mobile food units and associated facilities shall be subject to the following conditions and regulations:

A. No person shall engage in the temporary use of land or construct, place, or set up a "temporary use facility," "transient merchant facility," or mobile food unit, as defined herein, without first procuring a certificate for said use.

B. The certificate shall not allow for placement of any temporary use facility, transient merchant facility, mobile food unit, or sign within a street, public right-of-way, vision triangle, required setback area, dedicated trash dumpster location, sidewalk, public right-of-way, publicly owned parking lot, any park or other property owned by the city or any other public agency, street landscape buffer area, or any other position on a lot which may substantially interfere with vehicle or pedestrian circulation, emergency access or the normal functions of other uses on the property, or be potentially hazardous to the public. Placement of any and all facilities and signage associated with a temporary use or transient merchant must be on private property, outside of any street landscape buffer areas, in any commercial zone or industrial zone.

C. All of the regulations set forth herein shall apply in the same manner along a Parade Route during a city sanctioned parade, as at any other time, including the prohibitions against placement of any temporary use facility, transient merchant facility, mobile food unit, or sign in the areas and locations described in the preceding paragraph.

D. The written permission of and indemnification by the property owner or owners on a form provided by the City shall be required in order to operate a temporary use facility, transient merchant facility, or mobile food unit on property within the City.

E. The proposed temporary use facility, transient merchant facility, or mobile food unit shall be commercial in nature and in conformance with the zoning district within which it is to be located except commercial uses may be located in industrial zones.

F. A temporary use, transient merchant facility, or mobile food unit certificate shall not exempt or otherwise excuse the applicant from complying with all other applicable city, county, state or federal regulations pertaining to the type of activity the applicant will be conducting under such certificate. Applicants who will serve food or beverages shall first procure a permit from the Southwest district health department to ensure compliance with applicable health regulations.

G. Every person who receives a temporary use, transient merchant facility, or mobile food unit certificate shall clean up all garbage or debris caused by his or her temporary use facility, transient merchant facility, or mobile food unit, and shall clean up within a twenty foot (20') radius of the facility or unit both daily and immediately upon cessation of such use. Every temporary use facility, transient merchant facility, and mobile food unit must include trash receptacle sand regular trash service or must receive written permission from the applicable property owner to use the trash facilities located upon the property on which the use is being conducted. The site plan shall show the location of trash receptacles or method of trash disposal.

H. All temporary use facilities, transient merchant facilities, and mobile food units shall be maintained and remain in compliance with all applicable city, county, state, and federal regulations, including, without limitation, fire, building, and electrical codes as well as health regulations, during the life of the certificate.

I. Temporary use facilities, transient merchant facilities, and mobile food units shall be located on a noncombustible surface and must be at least twenty-five feet (25') away from combustible materials.

J. Temporary use facilities, transient merchant facilities, and mobile food units shall comply with the following:

1. No structure shall exceed twelve feet (12') in height.

2. No structure shall exceed thirty feet (30') in length.

3. No structure shall exceed nine feet (9') in width.

4. No temporary use facility, transient merchant facility, or mobile food unit shall consist of more than one cart, stall, booth, tent, platform, box, table, rack, pallet, container, trailer, recreational vehicle, motor vehicle, or any other form of offering, displaying, or storing goods and/or services, per vendor.

5. No temporary use facility, transient merchant facility, or mobile food unit shall connect to any electrical outlets or sources of power without having first received written permission from the property owner on which said outlets or sources of power are located.

6. If the temporary use facility, transient merchant facility, or mobile food unit is a vehicle, a copy of the current registration, current insurance, a clear picture of the vehicle and any applicable driver's licenses shall be submitted with the application.

7. None of the businesses regulated by this section shall engage in the sale of any weapons.

K. Anyone operating a temporary use facility, transient merchant facility, or mobile food unit shall do so in a manner that does not create excessive noise, light, dust, nuisance or other detriment to the quiet enjoyment of property in the vicinity.

L. Anyone engaged in any business regulated by this section shall only be allowed to engage in their business between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M.

M. Any barbecue grill/range associated with a temporary use facility, transient merchant facility, or mobile food unit must be enclosed and permanently built into the facility or unit. A range/hood fire suppression system must be utilized, unless alternate mitigation is approved by the fire department.

N. Unsecured menu boards or sidewalk signs in public right of way, street buffer landscape areas, and vision triangle areas are prohibited. All signage must be affixed to the temporary use facility, transient merchant facility, or mobile food unit or located immediately adjacent to the facility or unit on private property with the permission of the property owner.

O. Temporary use facilities, transient merchant facilities, and mobile food units shall have a clean appearance at all times.

P. Temporary use facilities, transient merchant facilities, and mobile food units must at all times be parked in a legal manner. Vending operations shall be conducted only to pedestrians unless drive-up service is permitted by the planning and zoning director or his/her designee. The applicant shall be required to submit a site plan indicating the location of the drive-up service and how it will affect pedestrian traffic on the site.

1. Temporary use facilities shall not move from the site during the course of their certification period unless it is to refill fluids such as propane, or similar, necessary for the operation of the business or for other necessary repairs or maintenance to the vehicle that are unable to be made on site. The Planning and Zoning Department must be notified at least one business day prior to movement and shall be given the reason for the movement, how long the vehicle will be away from the site and when the vehicle will return to the site. The vehicle must return to the site in conjunction with the time frame given to the Planning and Zoning Department. The vehicle must return to the site in the exact location as it was previously. Violation or noncompliance of any of these requirements will result in immediate revocation of the certificate unless there are extenuating circumstances as determined and approved by the Planning and Zoning Director or his/her authorized designee.

Q. Temporary use facilities, transient merchant facilities, and mobile food units must provide a sanitary sewage treatment plan. Wastewater may not be dumped or discharged on the premises, adjacent properties, or public right-of-way. If the applicant proposes the use of any sanitary sewage facilities located on private property, written permission from the property owner must be obtained.

R. Temporary fireworks stands and fireworks sales are regulated under Chapter 8, Article 13, of this Code.

S. Reserved.

T. Mobile food units, as defined in section 10-03-11 of this chapter and as a permitted use as indicated in the land use schedule located in section 10-02-02 of this article, shall comply with all requirements applicable to a temporary use facility, with the exception of the following:

1. Mobile food units shall not be subject to the six (6) month time limitation applicable to other temporary uses, and may operate from a permanent or semi-permanent location, so long as they remain in compliance with applicable requirements, including the maintenance and/or renewal of a valid certificate of compliance;

2. Mobile food units are subject to scheduled or unscheduled inspections at any time by applicable City, State or Federal agencies. Mobile food units who desire to leave their permanent location as identified on the issued certificate of compliance and set up in a new location must notify the City Planning and Zoning Department and provide written approval from the new location's property owner prior to their relocation. Mobile food units are allowed certificates of compliance for multiple sites at one time, provided a schedule of locations and times at locations is submitted to the Planning and Zoning Department to be kept on file with the application.

(4) The plaza operator, as identified in the then controlling memorandum of understanding for the overall supervision and management of the Indian Creek Plaza, shall have the authority to authorize and control all temporary use facilities, transient merchant facilities, or mobile food units within the area located between 5th Avenue, 10th Avenue, Union Pacific Railroad, and Blaine Street in downtown Caldwell, said control extending along both sides of any street constituting a boundary of said area.

(5) Inspection And Qualifications For Certificate:

A. At the time of filing an original application, an adult applicant shall pay the application fee to the Planning and Zoning Department. The application fee for any temporary use, transient merchant use or mobile food unit shall be set by resolution of the Council. Applicant shall also bear the actual costs of necessary inspections.

B. The applicant shall complete an application obtained from the Planning and Zoning Department and attach a site plan, a photograph of the temporary use, transient merchant facility or mobile food unit, any other attachments deemed necessary by the Planning and Zoning Department for application processing, and a sanitary sewage treatment plan with the application at the time it is filed. Filing an application does not constitute approval nor does it authorize the applicant to open for business. Staff may reject any application that does not contain the required application attachments as listed on the application.

C. The Planning and Zoning Director or his/her designee shall review an application for completeness and compliance with applicable City codes and shall distribute the application to the Fire Department for purposes of scheduling and conducting a fire safety inspection. When the fire safety inspection has been passed, all other required attachments have been received, reviewed and approved, and the suitability of the applicant, and each person who will be employed “on site” and interacting with members of the public at the locations of the temporary use, transient merchant facility, or mobile food unit, has been demonstrated (as set forth in subsection D. below), the planning and zoning office shall issue a certificate of compliance for the proposed facility or unit, that the applicant must display on the temporary use facility, transient merchant facility, or mobile food unit, so as to allow the certificate to be facing a public street and easily observable by the public, throughout the duration of the certificate’s life.

D. No applicant shall be issued a certificate of compliance when that person, or any other person who will be employed “on site” and interacting with members of the public at the location of the temporary use, transient merchant facility, or mobile food unit would not be of sufficient age to be considered lawfully employable under title 44, chapter 13 of the Idaho Code, or other applicable state or federal laws.

(6) Exemptions: The provisions of this section shall not apply to:

A. Any sales under court order;

B. Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for delivery from, local retailers, local businesses, local governments, local schools, or local wholesale firms;

C. The sale of farm or garden products under "farm stand, personal" as defined in section 10-03-11 of this chapter;

D. The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;

E. The occasional sale of admission by local school students to a function of their school; or fundraising sales by local service clubs or groups such as Elks, Kiwanis, Lions, Boy or Girl Scouts;

F. Any political group seeking funds or membership;

G. Garage, yard, or similar sales by individuals at their residence or place of business;

H. Any organization exempt from taxation as provided by 26 USC 501 and meeting all the requirements for the exemptions provided by 26 USC 503;

I. Any activity conducted as a special event or a city sponsored special event which shall be governed by chapter 6, article 23 of this code;

J. Lemonade stands;

K. Charitable car wash;

L. Idaho Youth Games;

M. Events conducted at the fairgrounds;

N. Any uses similar to those listed above that are approved by the planning and zoning director or his/her authorized designee.

(7) Expiration Of Certificate: All certificates issued under the provisions of this section shall expire on the date specified in the certificate, which shall be calculated based on the limitations set forth below:

A. No temporary use facility certificate shall be issued for a period longer than six (6) months.

B. No transient merchant facility certificate shall be issued for a period longer than seven (7) days.

C. No certificate for a temporary mobile home office may be issued for a period longer than five (5) years, though said certificate may be renewed, upon request, until such time as the use is no longer necessary or said use is no longer in compliance with city policies or standards.

D. No certificate for a mobile food unit may be issued for a period longer than one (1) year.

E. A temporary use facility or transient merchant facility certificate that has expired may be renewed subject to the provisions of this section and upon payment of the applicable renewal fee, as established by city council, upon renewal application. Should the temporary use or transient merchant facility be located in the exact same location and be the same business and business name as the previously approved application, a renewal fee shall apply. However, should the temporary use or transient merchant facility be located in a new location and/or be either a new business or new business name, it shall be treated as a new application. Renewal applications shall be completed and submitted to the planning and zoning department, along with applicable renewal fees and required attachments as indicated on said renewal application. Renewal applications shall be subject to the same inspection and approval process as original applications.

F. Once a temporary use facility or transient merchant facility certificate has expired, the facility shall be removed from the property on which it operated and shall not be replaced or relocated unless a new application has been submitted and approved by city staff.

(8) Reserved.

(9) Penalties: Failure to comply with the provisions of this section will result in the suspension of any certificate of compliance issued under this section until such time as the facility or unit in question has been brought into compliance, and an administrative fee of $100 has been paid to the Planning and Zoning Department. Should the same facility or unit, including any owner and employee associated therewith, cause the unit or facility to be in violation of the provisions of this section within one (1) year of a previous suspension, said facility’s or unit’s certificate shall be revoked, and said facility or unit shall be ineligible for issuance of a new certificate within the City of Caldwell for a period of three hundred sixty five (365) days from the date of revocation. Should the same facility or unit be found to be in violation of the provisions of this section for a third time within three (3) years from the most recent certificate suspension or revocation, said facility or unit, together with its primary owner or operator, shall be guilty of a misdemeanor, punishable as set out in Caldwell City Code, Chapter 1, Article 1, Section 01-01-05. (Ord. 2749, 8-18-2008; Ord. 2805, 11-2-2009; Ord. 2819, 3-1-2010; Ord. 2865, 6-20-2011; Ord. 2967, 7-21-2014; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3076, 12-5-2016; Ord. 3156, Ord. 3065, 9-19-2016; Ord. 3222, 7-1-2019; Ord. 3222-A, 9-3-2019; Ord. 3237, 10-7-2019; Ord. 3245, 3-2-2020; Ord. 3468, 12-20-2022; Ord. 3496, 5-2-2023)

10-02-14: DEVELOPMENT STANDARDS FOR NEW PUBLIC SCHOOLS:

(1) A public school and all accessory buildings, structures, and uses that are associated with a school may be considered a permitted use in any residential zoning district, any traditional neighborhood zoning district or any highway corridor zoning district if the facility meets all of the following terms and conditions: (Ord. 2865, 6-20-2011)

A. A school shall not take primary access to or from an arterial street, a nonclassified street, a residential street or a local street.

B. A school's primary access shall only be on a collector street.

C. A school and all accessory buildings, structures, and uses shall be set back at least fifty feet (50') from all public rights of way and thirty feet (30') from all side and rear yard property lines and shall not be built in, on or over any easements or public rights of way.

D. A school shall comply with off street parking requirements listed in section 10-02-05 of this article.

E. A school shall not be adjacent to an industrial use, industrial zoning district, railroad, railroad yard, railroad tracks or railroad shops.

F. A school shall not be located any closer than a minimum one-half (1/2) mile from a fire station.

G. A school shall not be located within the airport overlay-1 (land use limitation) zone.

H. A school shall comply with the international fire and building codes and the city of Caldwell infrastructure policy.

I. A school shall not exceed the maximum building height required in section 10-02-03 of this article.

(2) Any principal or accessory school building, structure, or use that does not comply with the terms and conditions listed in subsection (1) of this section shall be required to obtain a special use permit.

(3) This section shall apply whenever the following is requested: a building permit for new construction; change in use; building addition, alteration or expansion; or building reconstruction. (Ord. 2737, 5-5-2008)

(4) Newly constructed schools shall provide pedestrian and bicycle access/connectivity points from a minimum of two (2) different places on its property in the form of sidewalks and/or paved ten foot (10') wide pathways.

(5) Newly constructed schools shall provide an on site circulation plan for pedestrians and bicyclists that ensures that these users can safely access the building from all directions and that the site is designed to minimize conflicts between pedestrians/bicyclists and cars and buses. (Ord. 2911, 9-4-2012)

10-02-15: LAND USE REGULATIONS FOR ANIMALS:

(1) Purpose: The purpose of these regulations is to provide a definition of various types of animals; to set forth reasonable standards for the keeping and care of the defined various types of animals; to protect the property rights of citizens annexed into the city of Caldwell with animals or rights to keep animals; to help maintain neighborhood compatibility; and to protect the health, safety, and welfare of the general public. (Ord. 2865, 6-20-2011)

(2) Definitions:

ANIMALS: For purposes of this section, any living creature that is not a human being.

COMPANION ANIMAL: Animals that do not have specific disability related training but are necessary in coping with a disability (for instance, if the animal provides emotional support to a person with disabilities) as attested to in writing, and signed, by a currently licensed psychiatrist, psychologist, mental therapist, mental counselor or similar.

DOMESTIC CAT: Also called a house cat. Domesticated member of the family Felidae (cat family), order Carnivora, and the smallest member of that family. Like all felids, domestic cats are characterized by supple, low slung bodies, finely molded heads, long tails that aid in balance, and specialized teeth and claws that adapt them admirably to a life of active hunting. Domestic cats possess other features of their wild relatives in being basically carnivorous, remarkably agile and powerful, and finely coordinated in movement.

LIVESTOCK: Those class of animals that are kept and housed outside the home or in enclosures such as pens, barns, corrals or paddock areas. Livestock includes, but is not limited to, chickens, cows, ducks, geese, goats, horses, llamas, peacocks, rabbits, roosters, sheep, swine and/or anything similar to the aforementioned. Livestock also includes any grazing or foraging animal.

PET: Pets generally include those animals that are typically housed indoors. Pets also include certain animals that may be housed outdoors. Those certain animals, in limited numbers only, are: cats; chickens; dogs; ducks; geese; goats; miniature horses; pigeons, doves or similar; potbellied pigs; rabbits or similar; reptiles (nonprohibited only); rodents (nonprohibited only); sheep; or, such equivalent small animals or poultry as determined by the planning director or his/her authorized designee. Animals deemed to be pets shall comply with the performance standards as set forth in this section and only qualify as pets in the maximum number allowed in this section. (Ord. 2865, 6-20-2011; Ord. 2982, 2-2-2015)

(3) Regulations:

A. Animal locations, structures, pens, corrals and/or any other premises, enclosure or structure used for the keeping and maintaining of animals, livestock, pets, and/or companion animals must be kept in a clean and sanitary condition, free from obnoxious odors and substances.

B. All persons who keep or maintain any animals, livestock, pets, and/or companion animals shall keep them confined at all times to the subject property in enclosures strong enough to prevent the said animals from entering the premises or property of another, including sidewalks, streets and alleys unless accompanied by the animal owner and unless the animal is contained on/with a leash or similar.

C. It shall be unlawful for any person keeping or maintaining any animals, livestock, pets, and/or companion animals to allow the same to create a disturbance to the residents in the particular locality by creating any noise, odor or damage to the adjacent property, and the keeping and maintaining of said animals shall not interfere with the peaceful and quiet enjoyment of such property by such adjacent owners or residents.

D. It shall be unlawful for animal/livestock/pets/companion animal owners to fail to exercise proper care and control of their animals/livestock/pets/companion animals to prevent them from becoming a public nuisance.

E. All persons shall be guilty of allowing animals/livestock/pets/companion animals to become a nuisance:

1. When animals/livestock/pets/companion animals emit excessive, continuous or untimely noise;

2. When animals/livestock/pets/companion animals molest passersby and/or chase vehicles;

3. When animals/livestock/pets/companion animals habitually attack other animals/livestock/pets/companion animals;

4. When animals/livestock/pets/companion animals trespass upon public or private property; or

5. When animal/livestock/pet/companion animal owners allow excessive accumulation of animal feces and/or related odor in such a manner as to affect the health and quiet enjoyment of another person.

(4) Livestock:

A. Commercial Livestock Use: The raising of livestock for the specific purpose of selling the livestock or livestock products (such as milk, meat, eggs, etc.) represents commercial livestock use. Such use requires compliance with the base standards in this section, approval of a special use permit and compliance with all conditions placed upon the approved special use permit. The raising of animals for youth development activities involving 4-H or Future Farmers Of America (FFA) and the sale of such animals shall not be considered a commercial use.

B. Number Of Livestock Allowed:

1. A minimum lot size of one-half (1/2) acre is required to qualify for the keeping of livestock within the city of Caldwell.

2. Property owners are allowed the following maximum number of animals per one-half (1/2) acre: (Ord. 2865, 6-20-2011)

Animal	Maximum Number Per 1/2 Acre
Chickens (no roosters)	30
Cows or similar	1
Ducks	12
Geese	6
Goats	4
Horses or similar	1
Llamas or similar	1
Pigeons, doves or similar	30
Rabbits	30
Sheep	4
Swine	4

(Ord. 2865, 6-20-2011; Ord. 3010, 11-16-2015)

The number of animals allowed per one-half (1/2) acre is based upon the size and characteristics of the animal. The planning and zoning department shall determine the equivalent number of animals allowed for animals not listed in the above table, including miniature forms of large animals, and shall take into consideration the purpose of this section and the impacts to adjacent properties in making a determination.

In instances where a mixed livestock density is desired, the number of types of animals desired shall be divided into the maximum number allowed. For instance, an individual who has one-half (1/2) acre of land wants to have sheep, goats, swine and ducks which is four (4) different types of animals. The maximum number of sheep allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of goats allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of swine allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of ducks allowed is twelve (12). Twelve (12) divided by four (4) equals three (3). Therefore, the individual could have, as livestock, a combined total of one sheep, one goat, one swine and three (3) ducks on one-half (1/2) acre of land.

C. Standards For Livestock:

1. Livestock shall be kept and maintained within enclosures which may include fences, corrals, barns, pens, etc., or some other structure that will ensure the livestock cannot ever leave the premises of its own volition.

2. Livestock enclosures, regardless of square footage, must meet the setback requirements of the zoning district within which they are located. Livestock enclosures at residential dwellings located in commercial or industrial districts shall meet the setback requirements for the R-3 (high density residential) zoning district. Livestock enclosures in commercial and industrial sites that are not residential in use shall also meet the setback requirements for the R-3 (high density residential) zoning district.

3. All fencing shall meet the requirements of the fence ordinance for the zone in which they are located.

4. The maximum number of livestock allowed is listed in the table above. Maximum animal density does not include offspring born on the property until said offspring are nine (9) months of age.

5. Property owners keeping livestock in accordance with the above standards must maintain such animals in a manner that does not cause adverse impact to neighboring properties. Potential negative impacts on adjacent properties include odors, noise, drainage, erosion and flies. Individuals who keep livestock are responsible for the regular removal and disposal of animal waste, and control of insects, erosion and odor. Nondomesticated animals such as raccoons must be kept in fully enclosed structures and be in compliance with all state and federal licensing requirements in addition to the provisions of this section. Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.

6. Exceptions to minimum lot size:

(A) Animals classified as livestock within this section may be kept on less than one-half (1/2) acre for educational purposes, such as 4-H or FFA as long as the performance standards listed above are complied with. The specified maximum animal density allowed for one-half (1/2) acre shall not be exceeded for such educational uses.

(B) Animals defined as pets or kept as companion animals may be kept in the numbers prescribed below regardless of the size of the parcel as long as the performance standards listed in this section are complied with. (Ord. 2865, 6-20-2011)

(C) Regardless of lot or parcel size, the following animals shall be allowed as pets with the maximum number indicated, provided no individual household shall have any more than three (3) different types of pets: (Ord. 2982, 2-2-2015)

Cats	5
Chickens (no roosters)	10
Dogs (see chapter 8, article 3 of this code for further rules on dogs)	3
Ducks	2
Geese	2
Goats (miniature/pygmy)	2
Miniature horses	1
Pigeons, doves or similar	10
Potbellied pigs	1
Rabbits or similar	5
Reptiles (nonprohibited only)	No limit
Rodents (nonprohibited only)	No limit

(Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015)

For instance, one household could have five (5) cats, ten (10) chickens and one goat as pets. To exceed these numbers and/or have any more different types, a lot or parcel must be a minimum one-half (1/2) acre in size and/or the individual must obtain special use permit approval. (Ord. 2982, 2-2-2015)

(5) Animals Prohibited:

A. It shall be unlawful for any person to harbor, keep, maintain or possess within the city any of the following animals:

1. Mammals:

All marine mammals.

All marsupials except Virginia opossum, sugar gliders, and bettongs.

All members of the family Canidae (dog family), including, but not limited to, wolves, foxes, jackals and coyotes, except domesticated dogs.

All members of the family Felidae (cat family) except domestic cats.

All members of the family Huyaenidae, including, but not limited to, hyenas and aardwolves.

All members of the family Mustelidae except domestic ferrets (Mustela putorious).

All members of the family Procyonidae, except the raccoon native to Idaho (Procyon lotor).

All members of the order Insectivora except hedgehogs.

All nonhuman primates.

All rodents except domestic rats, mice, guinea pigs, hamsters, gerbils, and squirrels not otherwise restricted by federal law.

2. Reptiles:

Aldabra or Galapagos tortoises.

All members of the order Crocodilia.

Anacondas.

Elapids (family of venomous snakes), including, but not limited to, coral snakes.

Komodo dragons.

Sea turtles of any kind.

Tuataras.

Viperids (family of venomous snakes), including, but not limited to, rattlesnakes, cottonmouths, and copperheads.

Wild caught Gila monsters and beaded lizards.

3. Insects:

All insects listed as agricultural pests by the USDA and Idaho department of agriculture.

B. All animals listed as threatened or endangered on either a state or federal level and all illegally imported animals shall be prohibited in the same manner as those listed above.

C. The provisions of subsections A and B of this section shall not apply to the keeping of such animals by any bona fide licensed veterinary hospital for treatment, bona fide educational or medical institutions, museums, bona fide zoos or by rehabilitators, breeders, or exhibitors who are properly licensed or permitted by the city, the Idaho department of agriculture, the U.S. fish and wildlife service, or U.S. department of agriculture. (Ord. 2865, 6-20-2011)

ARTICLE 3
ADMINISTRATIVE PROCEDURES

SECTION:

10-03-01: Annexations, Deannexations, And Preannexations

10-03-02: Zoning Ordinance Text And Map Amendments (Rezones)

10-03-03: Adoption, Amendment, Or Repeal Of The Comprehensive Plan

10-03-04: Special Use Permits

10-03-05: Variances

10-03-06: Fees

10-03-07: Planned Unit Developments

10-03-08: Severability

10-03-09: Conflict With Other Laws And Repealer

10-03-10: Violation, Penalties, And Enforcement

10-03-11: Development Agreements

10-03-12: Public Hearing Process

10-03-13: Administrative Citation Process

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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