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