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(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)
The Planning and Zoning Department charges a separate fee for each type of land use application and review. All fees associated with land use applications, permits, licenses, development reviews, verification letters and reports, reconsiderations, appeals, and copies of documents are set by resolution of the City Council.(Ord. 3576, 3-19-2024)
(1) Intent: A planned unit development involves a parcel of land which is planned and developed as a unit under single ownership or control, containing one or more uses, buildings, and common open space or recreational facilities. The planned unit development process is not intended to skirt development rules nor results in a detrimental impact on the surrounding community through its implementation. The administrative procedures for a planned unit development shall be the same as applied to special use permits.
(2) Purpose: It shall be the purpose of this section to encourage the unified and planned development of a site held in individual or corporate ownership at the time of development by the use of a planned unit development process. Such developments may be permitted without customary division into individual lots, or without specific conformance with the zoning district regulations as applicable to individual lots or traditional subdivisions subject to the regulations as provided in this chapter.
A. The planned unit development process is intended to provide flexibility, latitude and relief from the provisions of the zoning ordinance only if the proposed development is consistent with two (2) or more of the following instances:
1. The development offers a maximum choice of living environments by allowing a variety of housing and building types.
2. The development promotes mixed use projects which are functionally integrated within the development and provides services to the primary use.
3. The development provides a layout which preserves and properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation.
4. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes.
5. The development encourages infill development that contributes a compatible design to the existing neighborhood.
(3) Development Standards: The planning and zoning commission and the city council shall consider approval of planned unit developments in accordance with the following standards:
A. Changes: Changes in the development standards and bulk regulations of the underlying zone may be approved as per subsection (6) of this section.
B. Primary Use: The primary use of the planned unit development shall be a permitted use in the underlying zoning classification.
C. Percentage: No more than thirty percent (30%) of the total net area ("net area" meaning the gross acreage less all acreage utilized for public right of way dedication and public streets) of the planned unit development shall be devoted to a use or uses not permitted or specially permitted in the underlying zoning classification, except that where any portion of the subject property has an underlying zoning classification of R-1, R-2, R-3, RS-1, and/or RS-2 or any combination thereof and/or any residential use regardless of the zoning classification, no industrial uses shall be allowed as part of the planned unit development.
D. Latitude: Following the spirit and purpose of this section, much greater latitude is permitted than in conventional and traditional regulations for development.
E. Discretionary Powers: In consideration of the latitude given, the planning and zoning commission and city council shall have discretionary powers in judging and approving or disapproving the imaginative or unique concepts, innovations, and designs which shall be incorporated into the plans presented, provided that the planned unit development shall conform to the general purposes and objectives of the comprehensive plan.
F. Residential Density: The number of dwelling units allowed in a planned unit development shall be calculated by multiplying the gross area and the dwelling units permitted in the underlying land use classification shown on the comprehensive plan map. A planned unit development shall be consistent with the density guidelines provided in the comprehensive plan.
G. Residential Uses: A variety of housing types or residential uses may be included in a planned unit development including attached units (duplexes, townhouses), detached units (patio homes), single-family dwellings, and multiple-family units (triplexes, fourplexes, sixplexes, etc.) regardless of the zoning classification of the district, provided that the overall density of the land use classification is maintained.
H. Commercial Uses: When planned unit developments include commercial uses, commercial buildings and establishments, the development shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections. A planned unit development shall follow section 10-07-10 (buffers between land uses) of this chapter. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities as reasonably necessary for internal traffic circulation.
I. Future Development: All areas designed for future development or expansion or not intended for immediate improvement shall be landscaped or otherwise maintained in a neat and orderly manner.
J. Required Setbacks: Attached residential structures and commercial buildings may be permitted in a planned unit development.
K. Clustering: Every clustered area developed under the planned unit development approach should be designed to abut upon common open space or recreational amenities. Clustering is desired in mixed unit developments.
L. Parking:
1. Off street parking for a single-family or two-family residential planned unit development shall be provided as follows:
(A) Two (2) spaces per unit shall be provided on each subject parcel or clustered in parking pads in close proximity to any dwelling units they serve.
(B) Lots forty-five feet (45') in width and smaller shall provide one additional space per every four (4) residential units in a common parking lot located in close proximity to the residential structures in which it serves.
2. Off street parking for a multi-family residential planned unit development shall be provided as follows:
(A) One and one-half (11/2) spaces per unit shall be provided on each subject parcel or clustered in parking pads in proximity to any dwelling units they serve.
(B) On street parking may be permitted to accommodate visitors and overflow parking demand under the planned unit development process, but it shall not be counted towards the minimum off street parking requirements. One space per every eight (8) units shall be dedicated for off street visitor parking.
(C) Off street parking shall not be designed to allow vehicles to back out onto a public street.
3. Off street parking for a commercial planned unit development shall be provided as follows:
(A) Parking for commercial uses shall be provided as required in section 10-02-05 of this chapter.
(B) On street parking is not permitted for commercial uses and cannot be counted as off street parking for commercial uses.
(C) Off street parking shall not be designed to allow vehicles to back out onto a public street.
M. Access: All lots developed as single-family residential lots shall front or shall have frontage along a public roadway or common driveway. All other lots developed for residential purposes shall front a public roadway, or shall utilize common driveways as regulated by Section 11-03-02, or shall comply with Section 10-14-01.
N. Ownership: A planned unit development shall be under single ownership/control during the planning and developmental stage to ensure that the development can be accomplished in a unified manner. A PUD developer may sell a portion of an approved PUD if the purchaser submits a notarized letter to the planning and zoning director stating that he/she reviewed the order of decision, development agreement, phasing plan, and all other applicable materials and agrees to comply with all conditions of approval.
O. Planned Unit Development Size: Unless the site qualifies as an infill development, the overall site shall consist of a minimum gross area of five (5) acres.
P. Phasing Plan: The applicant shall submit a phasing plan for all features and amenities in a planned unit development. The phasing plan shall be approved by city council and may be amended by the planning and zoning director and city engineer. A staff level denial of a requested amendment may be appealed to the city council.
Q. Classification Of Uses: More than one classification of uses and more than one use within these classifications shall be permitted on a lot or parcel within the same building or different buildings if the proposed individual uses are permitted uses. Any special uses will need to go through the standard special use hearing process.
R. Expiration: The completion of the first phase of a planned unit development shall take place within three (3) years of the signature date on the order of decision approving the planned unit development or said approval shall become null and void. For each phase after the first phase there shall be an allowed one year time frame per phase for completion. Should any phase not be completed within its one year time frame, approval on the uncompleted portion of the planned unit development shall become null and void. Exceptions to the time frames may be granted at the time of original approval of the planned unit development, provided said exceptions are requested in the initial application.
(4) Amenities: Any latitude, flexibility or relief provided through this land use application shall be compensated by the addition of some new amenity, within or outside the development. Such an amenity should provide equal or greater value to the development as a whole. The determination of whether the compensation offered is equal to or greater than the relief provided is left to the planning and zoning commission and city council's discretion.
A. Required Amenities: All planned unit developments shall have the following features:
1. Five foot (5') wide asphalt paved micro pathways connecting the residential areas to all nonresidential areas, open space common lots, recreational facilities, major pathways, and school bus pick up locations.
2. Eight foot (8') wide asphalt paved or concrete paved or porous surfaced (other than gravel) major pathways are required in all planned unit developments with a five foot (5') wide landscape buffer on each side of major pathways. Major pathways meeting the standards listed above are required to provide connectivity to adjacent pathways, to comply with the city's pathway master plan, and to provide for connectivity to adjacent properties. In general, major pathways shall meander through the center of the PUD, be entirely located within a platted common lot that is dedicated as a public access easement, and provide connectivity to adjacent parcels of land.
3. Usable open space (as defined in section 10-07-05 of this chapter) of at least ten percent (10%) of the gross area.
4. Varying bermed street landscape buffers of a two to one (2:1) to three to one (3:1) ratio.
B. Required Optional Amenities: Four (4) or more of the following amenities shall be provided as part of each planned unit development:
Baseball/softball field.
Basketball court.
Boat dock/river access.
Buildings are constructed to LEEDS standards.
Community center.
Daycare center.
Detached/meandering sidewalks.
Energy star certified housing.
Enhanced paving and design features at intersections as approved by the city engineer.
Fishing pond.
Golf course/driving range.
Gym/health club.
Land provided for a public facility (school, fire station, police station, etc.).
Playground/tot lot.
Rear entry garages.
Residential buildings constructed with fire sprinkler systems.
Roundabout intersections as approved by the city engineer.
Skateboard park.
Swimming pool.
Tennis court.
Other suitable amenities or public benefits deemed worthy by the city council.
C. Reduction Of Amenities: The city council may reduce the number of optional amenities depending upon the intensity and value of the amenity(ies) proposed by the applicant.
(5) Application Process: Subdivisions and developments created through the planned unit development process shall provide a narrative and architectural renderings that explain what amenities will be incorporated inside the development to compensate for deviations to the city's development standards and how its construction will satisfy the community's need for a wide range of housing and commercial businesses.
(6) Flexibility In Applying Zoning Standards: The developer may deviate from the height, lot line setback, and lot dimension schedule found in section 10-02-03 of this chapter with the consent of the planning and zoning commission and city council. Deviations shall be listed in full as a part of the planned unit development application. Modifications to other zoning and subdivision standards will be determined by the planning and zoning commission and city council on a case by case basis.
(7) Infill Development: Lots under twenty (20) acres within the city of Caldwell which are located in areas already largely developed (at least 50 percent of the land within 300 feet of the exterior boundaries of the subject property) and to which municipal services are already available may qualify for planned unit development status as an infill development.
A. The applicant shall submit documentation that the site qualifies as an infill site with the planned unit development application. Verification of infill may be in the form of recent aerial photographs. In addition, the applicant shall provide documentation regarding the following services: water, sewer, fire coverage, public schools, and irrigation.
B. The applicant shall demonstrate the proposed building design is compatible with the existing neighborhood and adjoining properties by taking into account building type, height, bulk, and site location.
C. Upon the request of the applicant, the City Council may waive all or part of the amenity requirements listed in subsection (4) of this section. (Ord. 2677, 6-18-2007; Ord. 2747, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2924, 4-15-2013; Ord. 2967, 7-21-2014; Ord. 3379, 12-20-2021)
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