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(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
(1) Purpose: The purpose of this section is to establish procedures for annexation, deannexations and preannexations.
A. Annexations may be initiated by the Council or by an application from one (1) or more property owners.
(2) General Authority: Caldwell has, and shall exercise, the authority to annex land into the city upon compliance with the procedures required in this section as allowed by state law.
(3) Applicability: The provisions of this section shall apply to all lands within the legally defined Caldwell City Limits, the Caldwell Area of City Impact, and all other annexable properties as set forth in Idaho Code § 50-222.
(4) Annexation Classifications: Annexations shall be classified and processed according to the standards for each respective category as set forth in Idaho Code § 50-222.
(5) Annexation Process:
A. Neighborhood meeting required. Any person seeking annexation for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12
of this chapter.
B. Application Submittal. Any person seeking annexation shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request. Annexation requests not accompanied by a special use permit, planned unit development, or subdivision preliminary plat must include a conceptual development plan as required by the Department. All applicable fees must be paid prior to formal acceptance of any application.
C. Public Notice and Hearings. The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
D. Commission-level public hearing:
1. The commission, prior to recommending approval or denial to the Council for an annexation application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
2. After considering the written and oral comments of property owners whose land would be annexed, and other affected persons, the commission may make a recommendation to city council for the approval or denial of such requests. The commission shall state the reasons for such approval or denial recommendation as part of the public record.
E. Council-level public hearing:
1. Annexations may be approved or denied only after the city council has received a recommendation from the commission and a public hearing has been held in relation thereto before the council in which parties in interest and citizens shall have an opportunity to be heard. The council shall use the same notice and hearing procedures as outlined in this chapter.
2. After considering the written and oral comments of property owners whose land would be annexed, and other affected persons, the city council shall make the express findings as set forth in Idaho Code § 50-222. In addition to the express findings, whenever the city council grants or denies an application, it shall specify:
(A) The ordinance and standards used in evaluating the application;
(B) The reasons for approval or denial; and
(C) The actions, if any, that the applicant could take to obtain approval.
3. Decisions to grant or deny any application for a Category A Annexation does not require that the council articulate or provide findings justifying its decision.
4. The city may require a development agreement in conjunction with an annexation pursuant to Idaho Code § 67-6511A and this chapter.
5. The decision of a city council to annex and zone lands as a category B or category C annexation shall be subject to judicial review in accordance with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant to the standards set forth in section 67-5279, Idaho Code.
(6) Ordinance of Annexation:
A. The implementation of any annexation proposal wherein the city council determines that the annexation is appropriate shall be concluded with the passage of an ordinance of annexation.
(7) Exclusion or Deannexation/Disannexation of Land(s).
A. Applications to exclude or deannex/disannex land from within the incorporated limits of the city shall be processed in the same manner as applications to annex.
B. The council may choose to grant or deny such applications to deannex, in its sole discretion, as provided in Idaho Code section 50-225. Decisions to grant or deny any application for exclusion, deannexation or disannexation do not require that the council articulate or provide findings justifying its decision.
(8) Pre-Annexation.
A. For properties requesting use of city utilities, whereby the parcel(s) are not contiguous to city limits, but intend to annex at a future date when contiguous, the applicant must consent and request annexation by a binding agreement in accordance with Caldwell City Code and the submission of a pre-annexation application, which shall run with the land to which it appertains so that the same shall operate as a written request for annexation when the property can be legally annexed. (Ord. 3576, 3-19-2024)
(1) Purpose: The purpose of this section is to establish procedures for making amendments to the official zoning map or zoning ordinance of the City of Caldwell to reflect changes in public policy, changed conditions, or to advance the welfare of the City. The zoning classification of any parcel in the city, or the text of the zoning ordinance, may be amended using this procedure. The purpose is neither to relieve particular hardships nor to confer special privileges or rights on any person.
(2) Initiation of Proceedings: Amendments to the text of this zoning ordinance, or to the official zoning map may be initiated by the city council, the planning commission, the planning director, or by an application of one or more of the owners of property affected by the proposed amendment.
(3) Amendment Procedures:
A. Neighborhood Meeting, Required. Any person seeking an amendment to the zoning ordinance or zoning map for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12
of this chapter.
B. Application. Any person seeking an amendment to the text of this zoning ordinance, or to the official zoning map, shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request. Requests not accompanied by a special use permit, planned unit development, or subdivision preliminary plat must include a conceptual development plan as required by the Department. All applicable fees must be paid prior to formal acceptance of any application.
C. Public Notice and Hearings. The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in Section 67-6509, Idaho Code.
D. The city may require a development agreement in conjunction with a zoning map amendment (rezone) pursuant to Idaho Code § 67-6511A and this chapter.
(4) Commission Consideration and Decision:
A. The commission, prior to recommending an amendment, supplement, or repeal of this chapter to the Council, or prior to recommending approval or denial to the Council for any application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
(5) City Council Consideration and Decision:
A. Zoning ordinance text and/or zoning map amendments may be approved or denied only after the city council has received a recommendation from the commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
B. The city council, prior to approving any ordinance text amendment request, shall find and conclude the requests have met the criteria identified within subsection (6) of this section, and shall make the express findings of such.
C. The city council, prior to approving any ordinance map amendment request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
D. In addition to the express findings required in subsection B and C of this section, whenever the city council grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
E. If the city council approves the proposed amendment, it shall become effective after publication of the ordinance summary and shall thereafter be made part of this chapter by appropriate amendment of the official zoning map or text of the municipal code.
(6) Required Findings for Approval of a Zoning Ordinance Text Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that:
1. The request has met compliance with all public notice and hearing requirements of the City Code and Idaho Code; and
2. That ONE (1) or MORE of the following criteria exits:
(A) The original zoning ordinance is in error;
(B) Significant changes in the community's vision, goals, and/or policies have taken place;
(C) Significant changes in city-wide or neighborhood development patterns have occurred; and/or
(D) The proposed text amendments are necessary to carry out the vision, goals, and policies of the adopted comprehensive plan.
(7) Required Findings for Approval of a Zoning Map Amendment (Rezone):
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude ALL of the following:
1. The proposed zoning map amendment is consistent with the comprehensive plan's land use map, and the plan's established goals, objectives, and policies. If the request is not in accordance with the adopted comprehensive plan, the request for amendment shall not take place until after the comprehensive plan has been amended under notice and hearing procedures provided in this chapter and within section 67-6509, Idaho Code; and
2. The proposed map amendment is consistent with the purpose statement of the proposed zoning district; and
3. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood, or has proposed efforts to mitigate or minimize such adverse impacts; and
4. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone. (Ord. 3576, 3-19-2024)
(1) Purpose. The purpose of this section is to establish procedures for comprehensive plan amendments, including amendments to the future land use map.
(2) Initiation Of Proceedings:
A. Amendments to the text of the comprehensive plan may be initiated by the city council, the planning commission, or the planning director.
B. An amendment to the comprehensive plan map may be initiated by the city council, the planning commission, the planning director, or by an application of one or more of the owners of property affected by the proposed amendment.
(3) Amendment Application Procedures:
A. Neighborhood Meeting Required. Any person seeking an amendment to the comprehensive plan map for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12 of this chapter.
B. Application Submission. Any person seeking an amendment shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the amendment request.
1. If the requested amendment is for a comprehensive map change, it may be concurrently reviewed with an application for amendment of the zoning map or an application for annexation, provided procedural requirements for each application are met.
2. No application for the same comprehensive plan map amendment, concerning the same property, which has been denied by the City, shall be received or processed by the Planning and Zoning Department within six (6) months of such denial, unless the Planning Director determines that significant changes have been made to the prior development proposal.
(4) Public Notice and Hearings: The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12 of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(5) Commission Consideration and Decision:
A. The commission, prior to recommending an amendment, supplement, or repeal of the comprehensive plan to the Council, or prior to recommending approval or denial to the Council for any application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
(6) City Council Consideration and Decision:
A. Comprehensive plan amendments may be approved or denied only after the city council has received a recommendation from the planning commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
B. The city council, prior to approving any comprehensive plan text amendment requests, shall find and conclude the requests have met the criteria identified in subsection (7) of this section, and shall make the express findings of such.
C. The city council, prior to approving any comprehensive plan map amendment requests, shall find and conclude the requests have met the criteria identified in subsection (8) of this section, and shall make the express findings of such.
D. In addition to the express findings, whenever the city council grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
E. If the city council approves the proposed amendment, it shall be effective through the enactment of a resolution. A copy of the adopted or amended plan shall accompany each adopting resolution and shall be kept on file with the city clerk. If the approval is for, or includes approval of a comprehensive plan map amendment, and it shall thereafter be made a part of the comprehensive plan by appropriate amendment of the future land use map.
(7) Required Findings for Approval of a Comprehensive Plan Text Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ONE (1) or MORE of the following criteria exists.
1. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or circumstances have changed since the adoption of the plan that warrant an amendment to the plan;
2. An amendment is necessary to correct, update, and/or clarify one or more goals, objectives, or policies that exist in the plan;
3. The proposed text amendment will help further the goals, objectives, and policies within or between any chapter of the Caldwell Comprehensive Plan;
4. The proposed text amendment provides an improved guide for future growth and development of the city; and/or
5. An update is necessary or required in accordance with Chapter 65, Title 67, Idaho Code.
(8) Required Findings for Approval of a Comprehensive Plan Map Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ALL of the following criteria exist.
1. The proposed amendment is consistent with the general intent, purpose, policies and goals of the comprehensive plan, or addresses changed conditions since the last time the comprehensive plan map was amended;
2. The proposed amendment does not adversely impact other aspects of the Comprehensive Plan;
3. The accompanying zoning is consistent with the requested comprehensive plan classification;
4. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities and services can be, or are expected to be provided, to serve any and all uses allowed on this property under the accompanying zone;
5. The request has met compliance with all public notice and hearing requirements of the City Code and Idaho Code.
6. The amendment will result in the long-term physical, natural, economic, and/or social benefits to the community and is in the best interest of the community. (Ord. 1451, 12-13-1977; Ord. 1746, 6-29-1987; Ord. 1988, 5-17-1993; Ord. 2023, 2-22-1994; Ord. 2747, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 3576, 3-19-2024)
(1) Purpose:
A. Establish procedures through which a special use permit may be applied for, terms under which it may be approved, amended, denied, or revoked, and the appeal process if denied.
(2) General Provisions:
A. Uses which require the granting of a special use permit are deemed to possess characteristics that require review and appraisal by the commission to determine the following: Whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity.
B. A special use permit may be granted if the proposed use is conditionally permitted by the terms of the ordinance and subject to conditions pursuant to specific provisions of the ordinance; the ability of political subdivisions, including school districts, to provide services for the proposed use; and, if it is not in conflict with the comprehensive plan.
C. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits.
D. Denial of a special use permit or approval of a special use permit with conditions unacceptable to the applicant may be subject to the regulatory takings analysis provided for by section 67-8003, Idaho Code, consistent with requirements established thereby.
E. If a Special Use Permit is required to establish a new use following previous entitlement approvals, the Special Use Permit may be required to be approved by City Council if the proposed use and development plan are found to be a significant deviation from previous approvals and/or deviate significantly from the original public hearing discussion.
(3) Application Process:
A. Neighborhood Meeting, Required. Any person seeking a special use permit shall first conduct a neighborhood meeting in accordance with 10-03-12
of this chapter.
B. Any person seeking a special use permit shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request.
C. The applicable fees, as set forth by council, shall be paid at the time of submittal of the application.
D. Prior to the public hearing and/or granting of a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use.
(4) Public Notice and Hearing Process: The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(5) Commission Consideration and Decision: The commission, prior to approving or denying a special use permit, or prior to recommending approval or denial of a special use permit to the Council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
A. The commission, prior to approving a special use permit request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
B. In addition to the express findings required, whenever the commission grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
(6) Special Use Permit; City Council Approval Required: Special use permits requiring city council approval, may be approved or denied only after the city council has received a recommendation from the commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
A. The city council, prior to approving any special use permit request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
B. In addition to the express findings required, whenever the city council grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
(7) Required Findings for Approval of a Special Use Permit:
A. In the course of approving of any such request, the commission or city council, as applicable, must find and conclude that:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located.
2. That the proposed use will be harmonious with the Caldwell Comprehensive Plan and in accord with the requirements of this chapter.
3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer.
6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of noise, smoke, fumes, glare or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance on the site in which the special use will take place.
(8) Conditions Of Approval: Upon the granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, the following:
A. Items that will minimize the adverse impact on other developments or property;
B. Controlling the sequence and timing of development or use;
C. Controlling the duration of the use;
D. Assuring that the use and property in which the use is located is maintained properly;
E. Designating the exact location and nature of the use and property development;
F. Requiring the provision for on site or off-site public facilities or services;
G. Requiring more restrictive standards than those generally required in city code; and
H. Requiring mitigation of adverse effects of the proposed use upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
I. Approval of a Special Use Permit may be tied to the land or to a specific business or applicant.
(9) Time Limitations and Extensions:
A. A special use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground, otherwise the special use permit approval shall become null and void.
1. Except that if the approved special use permit is part of an annexation application, rezone application or preliminary plat application, then the applicable permit/certificate application shall be submitted within two (2) years of the date of signature of the order of decision showing approval of the annexation, rezone, or preliminary plat.
2. Upon written request and filing by the applicant, prior to the termination of the period in accordance with subsection (9)A of this section, the director may authorize a single extension of time to commence the use not to exceed one (1) two-year period. Additional time extensions up to two (2) years as determined and approved by the director may be granted. With all extensions, the director may require the special use to comply with the current provisions of this chapter.
(A) If a special use is part of a preliminary plat that has been given a time extension in accordance with Chapter 11, the special use permit will automatically be extended with the preliminary plat and will not require a separate extension.
3. Approval of requests for time extension to an approved special use shall not be granted if any of the following conditions exist:
(A) Significant amendments to the comprehensive plan or City Code have been adopted that change the basis under which the special use permit was granted.
(B) Significant changes in land use have occurred in the area that will impact or be impacted by the project.
(C) Hazardous conditions have developed or have been discovered that will impact the project.
(D) Community facilities and services are no longer adequate to serve the project.
(10) Transfers and Modifications:
A. Special use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, unless otherwise conditioned as part of the original approval. Any new owner(s) shall be bound by the same time limits and conditions of approval as the original special use permit holder(s).
B. A special use permit is not transferable from one (1) property to another.
C. The director may approve or deny specified minor modifications, provided (1) Such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties, (2) All conditions of approval of the original special use permit approval are met, and (3) All appropriate permit(s) are obtained. Such minor modifications include, but are not limited to, the following:
1. Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography, or access.
2. Minor changes to the landscape area or open space design, but not elimination or reduction in area.
3. An increase in building square footage, not exceeding twenty (20) percent, provided that all parking and landscaping requirements are met.
D. All other modifications shall be considered by the planning and zoning commission at a public hearing. The commission may modify the conditions, limitations and/or scope of the permit, in accordance with the limitations and requirements of subsection (5) A of this section.
(11) Annual Inspections: Special use permits, including those in existence prior to and upon the effective date hereof shall be subject to annual inspections for continued compliance with the conditions of approval and all other city laws, ordinances, and statutes. Inspections shall take place by the planning and zoning department, the fire department, and/or the building department.
(12) Revoking Special Use Permits:
A. Special use permits may be revoked at any time, by the planning and zoning director if it is determined that any condition of the approved special use permit or any other city laws, ordinances or statutes are being violated.
B. Prior to any revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to any revocation, the applicant shall be afforded an opportunity for a hearing before the council; said hearing must be requested within seven (7) calendar days of receipt of a notice of intent to revoke the special use permit.
C. Failure to come into compliance within thirty (30) days of the notification of noncompliance/intent to revoke and failure to request such a hearing shall result in immediate revocation of the special use permit.
(13) Appeals:
A. The applicant or any affected person having an interest in real property within a five-hundred-foot (500') radius of the exterior boundaries of the subject property may appeal the decision of the commission, or any condition of approval of the special use permit, in accordance with Section 10-03-12 of this chapter. (Ord. 2739, 6-16-2008; amd. Ord. 2865, 6-20-2011; Ord. 3010, 11-16-2015; Ord. 3578, 3-19-2024)
(1) Variance Defined: A variance is a modification of the bulk and placement requirements of the zoning ordinance as to one or more of the following items only:
A. Minimum lot area (square feet);
B. Minimum lot width;
C. Minimum lot frontage;
D. Minimum front yard setback;
E. Minimum rear yard setback;
F. Minimum interior side yard setback;
G. Minimum street side yard setback;
H. Maximum building height;
I. Minimum required parking spaces;
J. Any other zoning ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots.
(2) Application Process for A Variance:
A. Any person seeking a variance shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request.
B. The applicable fees, as set forth by council, shall be paid at the time of submittal of the application.
(3) Hearing Process for A Variance:
A. Public notice and hearings shall be in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(4) Required Findings for Granting a Variance:
A. In the course of approving of any such request, the commission, must find and conclude that:
1. There has been a showing of undue hardship because of characteristics of the site which are either:
(A) Size, location, configuration, or dimensions of the site; or
(B) Topographic or other physical site conditions which render the site unique from adjoining properties.
2. Granting of the variance does not constitute a right or special privilege by the applicant.
3. Granting of the variance is not in conflict with the public interest.
4. Granting of the variance will not be injurious to the property or improvements of adjacent property owners or interfere with the enjoyment of such property or improvements thereon.
5. Granting of the variance will not be materially detrimental to the public health, safety, or welfare.
B. Denial of a variance request or approval of a variance request with conditions unacceptable to the applicant may be subject to the regulatory taking analysis provided for by section 67-8003 of the Idaho Code, consistent with the requirements established thereby.
(5) Appeal Process for A Variance:
A. The applicant or any property owner adjacent to the subject property may appeal the decision of the commission, or any condition of approval of the variance in accordance with the procedures set forth in 10-03-012 of this chapter. (Ord. 2739, 6-16-2008; amd. Ord. 3576, 3-19-2024)
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