10-12-07: DESIGN DEVELOPMENT REQUIREMENTS FOR CITY CENTER PROPERTIES LOCATED WITHIN A DESIGNATED LOCAL HISTORIC DISTRICT:

(1) Applicability: The use standards established in this section shall apply to the development of all principal permitted, temporary and special uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with specific use permit requirements or other regulations of this article. All exterior improvements for said standards (including but not limited to signage, awnings, etc.) shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Maintenance shall be such that the improvement continues to conform to any conditions imposed by this article, any building/sign permit or any applicable special use permits. Nothing in this Code shall relieve the owner or user of any improvement or owner of property on which the improvement is located from maintaining said improvement in a safe condition, a state of good repair and an aesthetically pleasing condition. (Ord. 3176, 11-5-2018)

(2) Artist Studio; Industry, Craftsman; Industry, Information:

A. All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential districts, or the use is subject to a special use permit.

B. The application shall identify how the proposed use will address the impacts of noise and other emissions on adjoining residential districts. More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation:

1. Noise, odor, or vibrations detectable by the human senses without the aid of instruments.

2. Radioactivity and electric or electromagnetic disturbances which unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties.

3. Any other emission or radiation which endangers human health, results in damages to vegetation or property or which exceed health and safety standards. (Ord. 2571, 12-19-2005)

(3) Assembly: Uses that accommodate one hundred (100) or more people during specific periods, including: arts, entertainment or recreation facility; auction; church or place of religious worship; civic, social or fraternal organizations; conference center; educational services; and public or quasi-public use.

A. A parking plan shall be developed and submitted with the building permit application or special use permit application for approval which estimates the maximum occupancy of the use, the periods of time when the facility is occupied by one hundred (100) persons or more and identifies the location of available parking for the use within one-fourth (1/4) mile walking distance. If there is an inadequate supply of parking to meet the needs of peak events, a plan for accommodating parking needs through alternative methods including remote parking with shuttle, valet parking or transit shall be developed. (Ord. 2743, 5-19-2008)

(4) Daycare Facilities: All uses included in the classifications of daycare facilities - daycare center; and daycare facilities - family/group daycare home.

A. All classifications of daycare facilities are defined in section 10-03-11 of this chapter.

B. All classifications of daycare facilities shall meet all standards as listed in section 10-02-10 of this chapter. (Ord. 2865, 6-20-2011)

(5) Churches Or Places Of Religious Worship: These are permitted uses in and of themselves as listed under section 10-12-03, table 10-12-1 of this article. Daycares and schools operated completely within the confines of the church building are considered accessory activities and are permitted. However, all activities shall be prohibited other than any activities related to a use primarily for the purpose of religious worship, government of the church or fellowship of the congregation, or a daycare or school within the confines of the church building as an accessory activity. (Ord. 2743, 5-19-2008)

(6) Commerce On Public Property: The use of the public right-of- way for the exchange of goods or services shall comply with the following:

A. The use on the public right-of-way is associated with a business located immediately adjacent to the public right-of-way location.

B. The location of the business activity does not create a safety hazard for motorists, bicyclists or pedestrians.

C. The business activity maintains sufficient minimum walking space of four feet (4') for the free passage of pedestrians along the sidewalk and access to other adjacent businesses.

D. The location and design of the business activity does not unreasonably obstruct the visibility of any adjacent businesses.

E. The business activity does not generate litter, noise or other nuisances that would be objectionable to the public or other businesses in the immediate area, including:

1. Adequate refuse containers shall be provided;

2. Hours of operation are sensitive to the surrounding neighborhood;

3. No music or sound is amplified;

4. The area can be maintained in a clean condition;

5. Physical improvements can be removed or secured when not in operation; and

6. Outdoor water faucets and the ability to adequately wash or clean the outdoor space on a routine basis is available.

F. The design of any improvements is consistent with the design requirements for the city center district.

G. The location of a business engaged in the sale of alcoholic beverages is separated from the public space with a barrier, fence, landscaping or other demarcation.

H. The location of a temporary sandwich board shall meet the requirements set forth in this section and shall be removed when the primary business is closed. (Ord. 2571, 12-19-2005; Ord. 2743, 5-19-2008)

(7) Demolition:

A. No structure shall be demolished without first receiving approval for the demolition from the planning and zoning director.

B. The basis for approval of a demolition permit shall be as follows: (Ord. 2743, 5-19-2008)

1. Either a conceptual site plan or conceptual idea for the replacement structure and site development has been approved by the planning and zoning director or his/her authorized designee or special use permit approval has been received if the use requires such approval. (Ord. 2911, 9-4-2012)

(8) Drinking Establishment:

A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. (Ord. 2571, 12-19-2005)

B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service, measured in a straight line from the nearest entrance to the licensed premises, unless otherwise determined by the granting of a waiver of this requirement from city council. Applicants shall receive waiver authorization prior to submittal of a special use permit application. This limitation shall not apply to any duly licensed premises that at the time of licensing did come within the restricted area. (Ord. 2865, 6-20-2011)

C. For uses abutting a residential district, no outside activity or event shall be allowed on the site, except as provided for in temporary uses of this section.

D. The special use permit shall specify the hours of operation, the type of drinking establishment (bar, brewery, lounge, nightclub, saloon, pool hall, or tavern), a floor plan identifying seating and major activity areas, and the entertainment provided, if any. Any change in the use, including, but not limited to, hours of operation, size, capacity, type of drinking establishment, or entertainment shall be subject to a new special use permit.

(9) Drive-Through Establishment:

A. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the special use permit application.

B. The entrance and exit from the drive-through lane shall be internal to the site, not a separate entrance and/or exit to or from the street.

C. Drive-through windows and stacking lanes shall not be located along facades of buildings that face a street.

D. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lane shall not be located within ten feet (10') of any residential district.

E. Drive-through speakers shall not be intelligible off site. (Ord. 2571, 12-19-2005)

(10) Dwelling, Single-Family Attached, Detached And Two-Family Duplex: (Rep. by Ord. 2743, 5-19-2008)

(11) Landscaping:

A. Applicable Provisions: The following sections of article 7 of this chapter shall apply to the city center zoning district for landscaping:

1. Section 10-07-01, "Definitions";

2. Section 10-07-02, "Applicability";

3. Section 10-07-03, "Landscape Plan Preparation, Requirements And Submittal";

4. Section 10-07-04, "Landscape Criteria And Installation Practices";

5. Section 10-07-06, "Landscape Maintenance";

6. Section 10-07-07, "Vision Triangle";

7. Section 10-07-09, "Parking Lot Landscaping";

8. Section 10-07-10, "Buffers Between Different Land Uses", except that buffers shall only apply to uses between the city center zoning district and another zoning district, not between uses within the city center zoning district itself;

9. Section 10-07-11, "Pathway Landscaping Standards";

10. Section 10-07-12, "Irrigation";

11. Section 10-07-15, "Certificate Of Occupancy Or Compliance";

12. Section 10-07-16, "Landscape Plan Design Review";

13. Section 10-07-17, "Violation, Penalty, Enforcement And Compliance"; and

14. Section 10-07-18, "Appeals". (Ord. 2967, 7-21-2014)

B. Plans And Installation Required: (Rep. by Ord. 2967, 7-21-2014)

C. Plans Or Installation Not Required: (Rep. by Ord. 2967, 7-21-2014)

D. Hanging Planters:

1. May be provided as landscaping.

2. Shall be hung on streetlight posts a minimum of ten feet (10') from the ground or mounted on building facades or railings.

3. Shall be in a wire basket a minimum of twelve inches (12") in diameter.

4. Planter shall be completely covered with flowers, hanging flowers, hanging vines, or the like, such that no part of the wire basket shall show.

E. Planter Pots:

1. May be provided as landscaping to define smaller spaces, break up long expanses of building facade, or provide separation between pedestrian areas and the street.

2. Shall be movable.

3. Shall be located directly adjacent to building facades or entries and shall extend no further than four feet (4') from the building facade.

4. Shall not impede pedestrian traffic, pose a safety hazard or interfere with vision triangle standards as set forth in section 10-07-07 of this chapter.

5. Shall be the following style: Wausau Tile colonial series concrete planters in gray, brown, black or sand, or a similar style. Colonial series planters are available in a variety of sizes. Sizes shall be selected based on specific location.

6. Plantings in planter pots shall consist of flowers and mulch or bark. Shrubs and grasses may be planted in planter pots, but the maximum height shall be no more than three feet (3') at maturity.

7. The entire surface area of the planter shall be covered with flowers, mulch, bark, shrubs or grasses. (Ord. 2743, 5-19-2008)

8. Planter pot colors shall be consistent with the color of the building. (Ord. 3090, 4-17-2017)

F. Tree Grates:

1. All street trees shall be protected by tree grates.

2. Tree grates shall be four feet by four feet (4' x 4') square and shall comply with ADA guidelines.

3. Slots shall be a maximum of three-eighths inch (3/8") wide and holes shall be a maximum of three-eighths inch (3/8") square.

4. Grates shall be designed to allow for the tree opening to be enlarged in increments to accommodate for tree growth, protecting the tree from injury.

5. Tree grates shall be unfinished cast gray iron. The natural iron will develop an attractive rust patina that is maintenance free.

G. Tree Selection Guidelines:

1. Trees shall be selected for ease of maintenance and resistance to drought and disease.

2. Trees shall be columnar in nature so as to discourage and inhibit bird nesting.

3. Trees shall be selected that generally grow to a maximum height of twenty-five feet (25'). (Ord. 2743, 5-19-2008)

H. Fencing:

1. Chainlink fencing and any type of wire fencing shall be prohibited within the city center zoning district on 5th Avenue, 6th Avenue, 7th Avenue, Kimball Avenue and 9th Avenue from the railroad tracks to the northerly side of Blaine Street and on the northerly side of Blaine Street, both sides of Arthur Street, and both sides of Main Street from the westerly side of 5th Avenue to the easterly side of 9th Avenue, including the northerly side of Blaine Street and both sides of 5th Avenue.

2. The maximum fence height within the city center zoning district shall be no more than six feet (6').

3. There shall be no fencing exceeding three feet (3') in height placed on any portion of the front property line or on any portion of the side property lines twenty feet (20') back from the front property line, or any area in between said lines.

4. There shall be no fencing exceeding three feet (3') in height in the vision triangle.

5. There shall be no fencing in or on public right of way or future public right of way.

6. Fences which are nonconforming for any reason, but were in place prior to the adoption date hereof, may continue if maintained in good condition and repair and provided they do not impede the safety of motorists or otherwise present a hazard. Safety and/or hazardous issues shall be remedied immediately. (Ord. 2775, 3-2-2009)

(12) Noxious Uses: No area or structure shall be used or occupied in any manner creating dangerous, injurious, noxious or hazardous conditions to the surrounding areas.

A. Fire Hazard: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved as specified in the international fire code, in chapter 8, article 13 of this code and the National Safety Foundation publications.

B. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

C. Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining property.

D. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority.

E. Erosion: No erosion shall be permitted which will carry objectionable substances onto neighboring properties.

F. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority.

(13) Outdoor Lighting:

A. All fixtures over fifteen feet (15') in height shall be fitted with a full cutoff shield. (Ord. 2571, 12-19-2005)

B. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties.

1. Floodlight fixtures shall be set to only go on when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased. (Ord. 3090, 4-17-2017)

C. Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. (Ord. 2571, 12-19-2005)

D. The installation of any of the following types of lighting is prohibited: (Ord. 2743, 5-19-2008)

1. Mercury vapor lamp fixture and/or lamp.

2. Laser source light or any similar high intensity light when projected above the horizontal plane. (Ord. 2571, 12-19-2005)

3. Changing colors, strobe or moving lights, or searchlights for advertising purposes are prohibited in the entire city center zoning district, except where approved for temporary uses only. (Ord. 2743, 5-19-2008)

E. Facade lighting:

1. General provisions:

(A) Fixtures are required to be on a single timer or on continuously during the night.

(B) All lights shall comply with dark sky standards.

2. Alley facades shall have black metal gooseneck fixtures at a fixed height of eight feet (8') above finished grade. (Ord. 3090, 4-17-2017)

(14) Outdoor Service And Equipment Areas:

A. Outdoor mechanical equipment including, but not limited to, heaters and fans, shall not be located within fifty feet (50') from any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible.

B. Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.

(15) Outdoor Storage:

A. All outdoor storage of materials shall be limited to five percent (5%) of the property area. (Ord. 2571, 12-19-2005)

B. All outdoor storage shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within any easements, required setbacks, public right of way, and/or future public right of way. (Ord. 2743, 5-19-2008)

C. The site shall not be used as "vehicle wrecking or junk yard" as herein defined.

D. Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.

(16) Parking:

A. Residential uses in Central Business District shall have the same requirements as set forth in the R-3 zone. When commercial and industrial uses abut a residential zone, setbacks shall be the same as are required in the adjacent residential district. Residential, mixed uses, and uses located in properties listed on the National Register of Historic Places are exempt from the parking requirements when they are located in city center zoning district. (Ord. 2571, 12-19-2005; Ord. 3366, 12-6-2021)

B. The minimum parking requirements for all uses within the city center zoning district are as shown on table 10-12-2 of this section. Minimum parking requirements shall apply to new construction, change of use applications and special use permit applications. (Ord. 2743, 5-19-2008)

TABLE 10-12-2
MINIMUM PARKING STANDARDS

Use	Minimum
Artist studio	1/400 GFA1
Arts, entertainment or recreation facility	1/3 persons in maximum occupancy
Auction	1/4 patron seats
Bed and breakfast	0.3/room
Building material, garden equipment and supplies	1/300 GFA and outdoor service area
Church or place of religious worship	1/4 seats
Civic, social or fraternal organizations	1/3 persons in designed capacity
Conference center	1/3 persons in designed capacity
Drinking establishment	1/3 persons in maximum occupancy
Educational services	1/classroom
Equipment rental, sales, and service	1/350 GFA and outdoor service area
Farmers' market	1/500 GFA
Financial institution	1/300 GFA
Healthcare or social services	1/250 GFA
Hospital	1/bed
Hotel and motel	0.3/room
Industry, craftsman	1/300 GFA
Industry, information	1/250 GFA
Laundromat	1/4 washing machines
Laundry and dry cleaning	1/350 GFA
Mixed use	Determined by parking study see subsection (16)C3 of this section
Mobile food unit	4 spaces
Mortuary	1/4 seats
Nursery	1/300 GFA
Nursing or residential care facility	0.3/room
Personal or professional service	1/300 GFA
Public or quasi-public use	1/300 GFA
Recreation equipment rental, sales and service	1/400 GFA
Restaurant	1/4 seats
Retail store	1/350 GFA
Service station	2/pump
Vehicle repair, minor	4/service bay
Vehicle sales or rental and service	1/1,000 square feet of site area
Vehicle washing facility	2/lane
Vineyard	1/500 square feet outdoor area
Warehouse and storage	0.8/1,000 GFA
Wholesale sales	0.8/1,000 GFA
Winery/brewery	1/500 GFA
Winetasting establishment	1/350 GFA

Note:

1. GFA = gross floor area.

(Ord. 2571, 12-19-2005; Ord. 2743, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2967, 7-21-2014)

C. The parking requirements shall be met through any combination of on or off street parking, on or off site parking, leased parking, public right of way parking, or shared parking with another use or site and shall meet the following requirements: (Ord. 2743, 5-19-2008)

1. Off site or off street parking used in meeting the requirements shall be located within eight hundred feet (800') of the site. (Ord. 2805, 11-2-2009)

2. The amount of shared parking allowed with another use or site shall be determined through a parking study conducted by a credible professional that analyzes the parking needs of each individual use and site. (Ord. 2743, 5-19-2008)

(17) Self-Service Uses: Any unattended self-service use including, but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, service stations, and storage facilities shall comply with the following requirements, or the Caldwell police chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided:

A. Entrance or view of the self-facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting.

B. Financial transaction areas shall be oriented to a highly visible area such as a collector or arterial street.

C. Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and the financial transaction areas and the public street.

(18) Service Stations:

A. When allowed as an accessory use, service station facilities shall not occupy more than twenty-five percent (25%) of the subject property.

B. Installation of underground fuel tanks shall require written approval from the Caldwell fire department.

C. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20').

D. Vehicle stacking lanes shall be available on the property and meet the following standards:

1. Located outside the fueling areas;

2. Have sufficient capacity to prevent obstruction of the public right of way by patrons;

3. Separately located from areas required for access and parking; and

4. Not be located within ten feet (10') of any abutting residential districts.

E. The use shall be located on an arterial street.

F. The use shall be located a minimum of one thousand feet (1,000') from any hospital. (Ord. 2571, 12-19-2005)

(19) Signs:

A. Color:

1. Colors on signs and structural members shall be harmonious with one another and relate to the dominant colors of the buildings on the site.

2. Contrasting colors may be utilized if the overall effect of the sign is still compatible with building colors. (Ord. 2743, 5-19-2008)

B. Design And Construction:

1. Except for flags and temporary signs, all signs shall be constructed of permanent materials and shall be permanently attached to the ground through a post, pole or monument, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

2. All signs shall be designed and installed by a professional (e.g., architect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs) or others capable of producing professional results. (Ord. 2775, 3-2-2009)

3. Permanent signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation, or others capable of producing professional results. The intent is to ensure public safety and to achieve signs with careful construction, neat and readable copy, and durability, to reduce maintenance costs and prevent dilapidation.

4. Signage shall not interfere with vehicular or pedestrian traffic and shall not be more than three feet (3') high if located within the vision triangle area. Any signage that presents a safety hazard to vehicular or pedestrian traffic or located within the vision triangle area if more than three feet (3') in height may be removed and disposed of by city staff. (Ord. 2911, 9-4-2012)

5. No signage, except temporary signs as outlined in section 10-02-06 of this chapter, shall be placed in any public right of way excepting signage placed on a projected awning or the like that extends into the public right of way or projected wall signage that extends into the public right of way. Said projected signage shall be a minimum of eight feet (8') above sidewalk grade. (Ord. 2775, 3-2-2009)

6. Off premises signs and/or billboards, both temporary and permanent, are prohibited in the city center zoning district, except that certain temporary off premises signs, for special events only, may be permitted as outlined in section 10-02-06 of this chapter, and further excepting the following:

(A) The city of Caldwell may provide permanent signage within the city center district for the following purposes: highlighting landmarks and entry points to downtown or specific districts; highlighting the history of downtown Caldwell; providing maps and geographical information; on central locations, listing businesses within the city center zoning district; providing a designated place for posting fliers, posters for upcoming events, and public notices; providing one electronic reader board in the city center district to be owned and maintained by the city to advertise special events as well as businesses located within city center who would pay for such advertising. Such permanent signage shall be reflective of the types and styles contained within the page titled "Sidewalk Signage" contained with the "City Center Zoning District Design Guideline Pictures", shall be placed on city property or property owned by the Caldwell east urban renewal agency, shall have to receive approval from city council through a public hearing prior to placement, and shall be owned, operated and maintained by and through the city of Caldwell. Individuals, groups, businesses, entities, services, etc., are prohibited from any off premises advertising signs and/or billboards except as may be posted by the city of Caldwell under the above guidelines. (Ord. 2851, 4-18-2011)

7. The only types of signs permitted are temporary signs; awning; wall; suspended or projected; window, permanent; and window, temporary as outlined in table 1, "Signage", of this subsection.

8. Freestanding post, pole or monument signs may be permitted by the planning and zoning department on a case by case basis and shall be reviewed using all the standards as set forth in this article as well as standards for freestanding post, pole and monument signs set forth in subsection 10-02-06(5)C of this chapter.

9. One animated reader board or changeable copy sign per business may be permitted only when it is used in conjunction with, and as a part of, a business sign identifying a permitted use or an approved special use and shall not exceed forty-eight (48) square feet in area and shall be attached flush to the building, excepting that if the business sign has been approved as a freestanding post, pole or monument sign the animated reader board or changeable copy sign shall be incorporated into said post, pole or monument signage rather than being attached flush to the building. A sign permit is required prior to installation. Stand alone animated reader boards or changeable copy signs are prohibited regardless of date of placement or installation, excepting that changeable copy signs may be permitted as temporary signs as outlined in section 10-02-06 of this chapter.

10. For all sign definitions, refer to section 10-02-06 of this chapter.

11. For nonconforming signs and abandoned signs, refer to section 10-02-06 of this chapter.

12. Temporary signs shall be regulated as outlined in section 10-02-06 of this chapter.

C. Materials And Structure:

1. Representative Of Materials On Site: Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the site where the sign is located. Sign colors shall match those used on the buildings on the site and any other signs on the site.

2. Reflective Material Prohibited: Signs shall not be made of any reflective material.

3. Permanent Signs: Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

4. Size Of Structural Members: The size of the structural members (e.g., columns, crossbeams, and braces) should be proportional to the sign panel they are supporting.

5. Use Of Individual Letters Encouraged: The use of individual letters incorporated into the building design is encouraged, rather than a sign with background and framing other than the structural wall.

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

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

D. Sign Lighting:

1. External or internal light sources shall be directed and shielded from view so that they do not produce glare off the site, or on any object other than the sign. This requirement is not intended to preclude the use of diffused exposed neon.

2. Sign lighting shall not blink, flash, flutter, scroll, or change light intensity, brightness, or color.

3. An animated reader board sign shall maintain a minimum hold time of one second for each individual frame for on premises displays. Off premises animated reader boards are prohibited.

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

5. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

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

7. For energy conservation, light sources shall be hardwired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps are prohibited.

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

E. Copy Design Guidelines:

1. Sign copy shall relate only to the name and/or nature of the business or use.

2. Information shall be conveyed briefly or by logo, symbol, or other graphic manner. The intent shall be to increase the readability of the sign and thereby enhance the identity of the business.

3. Freestanding signs shall contain the street address of the business or the range of addresses for a multi-tenant center.

F. Nonconforming Signs: See subsection 10-02-06(7) of this chapter. (Ord. 2775, 3-2-2009)

G. Signage Table: The following table establishes the number and size of signs:

TABLE 1
SIGNAGE

Allowed Sign Types	Maximum Sign Height	Maximum Number Of Signs	Maximum Sign Area	Notes
Awning	Shall be entirely on awning valance Lettering maximum 50 percent of valance height Valance height maximum 18 inches	1 sign per each separate awning valance	50 percent of the area of the valance front
Blade signs	Bottom of sign shall be no closer than 8 feet above sidewalk surface below, and shall not extend beyond the top of the wall on which it is placed	1 per street frontage	6 square feet	Design shall be approved by planning and zoning director
Freestanding post, pole, and monument signs	Only as approved by the planning and zoning director on a case by case basis	Only as approved by the planning and zoning director on a case by case basis	Only as approved by the planning and zoning director on a case by case basis	Only as approved by the planning and zoning director on a case by case basis
Medallion signs	NA	1 per street frontage	3 foot diameter	Only as approved by the planning and zoning director
Projected or suspended	Bottom of sign shall be no closer than 12 feet above sidewalk surface below, and shall not extend beyond the top of the wall on which it is placed	1 sign allowed per building frontage		Maximum projection shall not exceed 4 feet from the building. Any proposed lighting shall be approved by the planning and zoning director on a case by case basis Projected signs may only be approved by the planning and zoning director in the central business district
Temporary signs	See section 10-02-06 of this chapter	See section 10-02-06 of this chapter	See section 10-02-06 of this chapter	See section 10-02-06 of this chapter
Wall	1 foot below parapet or eaves Individual letters maximum 36 inches each	Multiple, but not to exceed maximum signage area	Multiple signs are permitted but the total signage area of wall signs shall not exceed 20 percent of the total wall square footage upon which the signs are placed	Mounting 1-story: above first floor windows Mounting multi-story: between windows External illumination by halo and gooseneck lighting is permitted
Window, permanent	Within window area	Multiple, but not to exceed maximum signage area	Multiple signs are permitted but the total signage area of window signs shall not exceed 25 percent of the total window square footage upon/within which the signs are placed
Window, temporary	Within window area	2 signs allowed per window (in addition to permanent window signage)		Painting directly on the surface of the window does not count as a window sign

(Ord. 3090, 4-17-2017; Ord. 3366, 12-6-2021)

(20) Temporary Uses:

A. See section 10-02-13 of this chapter for regulations and requirements regarding temporary uses. (Ord. 2743, 5-19-2008)

(21) Mobile Food Units: See section 10-03-11 of this chapter for a definition and section 10-02-13 of this chapter for regulations. (Ord. 2865, 6-20-2011)

(22) Nonconforming Uses:

A. The city center zoning district shall adhere to all components of section 10-02-08 of this chapter. (Ord. 2743, 5-19-2008)

10-12-05: CITY CENTER DESIGN REQUIREMENTS:

(1) Purpose: The purpose of the city center design requirements is to provide for set, narrowly defined standards for applications in the city center zoning district.

(2) Applicability: The following requirements listed in this section apply to all new construction, additions, or any exterior renovation within the city center zoning district:

A. In addition to the requirements of this section, new construction, additions, or any exterior renovation on all properties within the Indian Creek corridor ("within" meaning either completely within or partially within any portion of the Indian Creek corridor that runs through the city center zoning district) are also subject to provisions set forth in section 10-12-06, "City Center Indian Creek Corridor Design Requirements", of this article; (Ord. 2805, 11-2-2009)

B. In addition to the requirements in this section, new construction, additions, or alteration of properties within a designated local historic district contained within the city center zone are also subject to provisions set forth in section 10-12-07, "Design Development Requirements For City Center Properties Located Within A Designated Local Historic District", of this article; (Ord. 2911, 9-4-2012)

C. The planning and zoning department shall prepare a design guideline booklet for the city center zoning district which is necessary and beneficial for implementation, revitalization and sustained growth in the city center zoning district. Said design guideline booklet shall be submitted to the city council for review and adoption.

D. Prior to adoption, amendment or rejection of said booklet by the council, the planning and zoning commission shall hold a public hearing in accordance with the procedure established for public hearings in article 3 of this chapter and shall give a recommendation to council. Prior to adoption, amendment or rejection of said booklet by the council, council shall hold a public hearing in accordance with the procedure established for public hearings in article 3 of this chapter.

E. Upon adoption of the design guideline booklet, the planning and zoning department shall make said booklet available for the public.

F. The planning and zoning department shall implement the adopted design guideline booklet whenever applicable.

G. When the planning and zoning department is of the opinion that an amendment of the standards is necessary or appropriate, the proposed amendment shall be submitted to the planning and zoning commission and city council for public hearing utilizing the public hearing process as outlined in article 3 of this chapter.

(3) Dimensional Standards:

A. Minimum Front Yard Setback: There is no minimum front yard setback required. (Ord. 2805, 11-2-2009)

B. Maximum Front Yard Setback:

1. The maximum allowable front yard setback is five feet (5') for at least thirty percent (30%) of the front building elevation. (Ord. 2775, 3-2-2009)

2. On parcels with more than one building, the maximum allowable front yard setback standard applies to the front elevation of the building with the most square footage. (Ord. 2743, 5-19-2008)

3. A deeper setback may be granted if it provides publicly accessible and usable space and if a building entry is accessed through that space.

C. Rear Yard Setbacks: There is no minimum rear yard setback required. There is no maximum rear yard setback required.

D. Side Yard Setbacks: There are no minimum or maximum side yard or street side yard requirements, except for all structures shall conform to the vision triangle standards set forth in section 10-07-07 of this chapter and the applicable fire and building code requirements for attached structures, firewalls, and related requirements. (Ord. 2805, 11-2-2009)

E. Nonresidential Uses: Nonresidential uses abutting a residential district shall comply with the setback requirements as set forth in section 10-02-03 of this chapter. (Ord. 2571, 12-19-2005)

F. Encroachments:

1. Chimneys, overhangs, cornices, eaves, bay windows, porches, canopies, balconies, platforms, covered patios, or other similar architectural projections, may encroach into any setback, easement or right of way by no more than four feet (4'), subject to compliance with applicable standards of the fire and building code and provided any such encroachments are a minimum of fourteen feet six inches (14'6") above sidewalk or street/alley grade. (Ord. 2805, 11-2-2009)

2. Public spaces may encroach into the setbacks from Indian Creek. (Ord. 2571, 12-19-2005)

3. No encroachments of any type are allowed in, on or over any easement(s), except that such encroachments may be allowed with written permission from any affected utility or agency having jurisdiction over the easement and with a signed and notarized statement, as prepared by the city, from the property owner acknowledging that: structure shall be removed by and at the property owner's expense within five (5) days of a request by the city or utility to remove said structure; structure can be removed by the city or utility after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right of way maintenance/improvements for any existing or future public right of way areas or easements; and the city and/or utility and/or agency having jurisdiction over the easement shall not be held liable or responsible for any damages to or replacement costs for said structure.

4. If used, arcades, galleries, colonnades and awnings, and the like may encroach into the public right of way to within twenty- four inches (24") to thirty inches (30") of the curb face if a street or completely to the far edge of the alley if an alley. All such encroachments must be a minimum of fourteen feet six inches (14'6") above sidewalk grade or alley grade, whichever is applicable. (Ord. 2805, 11-2-2009)

5. Balconies, bay windows, eaves, cornices, overhangs, and cantilevered rooms on upper floors may encroach into the public right of way to within twenty-four (24) to thirty inches (30") of the curb face.

6. All public right of way encroachments shall be a minimum of fourteen feet six inches (14'6") above sidewalk grade. (Ord. 2775, 3-2-2009)

G. Lot Area: There are no minimum or maximum requirements for lot area.

H. Lot Width: There are no minimum or maximum requirements for lot width.

I. Lot Frontage: There are no minimum or maximum requirements for lot frontage. (Ord. 2571, 12-19-2005)

J. Building Height:

1. Maximum building height is three (3) stories or forty-five feet (45'). There is no maximum building height for all structures located within the "downtown area" which is defined as the area bordered on the north by the railroad tracks, on the south by Dearborn Street, on the west by Fourth Avenue and on the east by Twelfth Avenue. (Ord. 3090, 4-17-2017)

2. For new construction, there is no minimum building height unless located within the Indian Creek corridor. (Ord. 2911, 9-4-2012)

3. The maximum height limitations shall not apply to the following architectural features such as spire or steeple, belfry, cupola, chimney; amateur radio antenna; bridge tower; fire and hose tower; power line tower; windmill; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. (Ord. 2571, 12-19-2005)

K. Easements: (Rep. by Ord. 2805, 11-2-2009)

L. Vision Triangle: There shall be nothing that shall interfere with the vision triangle standards set forth in section 10-07-07 of this chapter. (Ord. 2743, 5-19-2008)

M. Placement Of Nonpermanent Items: The placement of nonpermanent items, such as chairs and tables, in alleys and rights of way on a temporary or seasonal basis, shall be regulated by section 10-12-10. (Ord. 2805, 11-2-2009; Ord. 3344, 7-19-2021)

(4) Standards For Materials, Colors, Wall Openings And Projecting Elements:

A. Primary Building Facades: Primary building facades shall be constructed of high quality materials of brick and stucco. Secondary trim materials containing no more than twenty percent (20%) of building facade shall be constructed of high quality materials of painted brick, stained and sealed wood, metal panel, terra cotta cladding, and tile.

B. Colors Allowed: A variety of natural colors, light colors, and muted neutrals are allowed. Colors shall be substantially in compliance with the "Plaza Facade Design Handbook" adopted by the Caldwell city council. (Ord. 3090, 4-17-2017)

C. Prohibited Finishes: The following finishes are strictly prohibited: finishes that reflect light; finishes that glare; bright, heavily saturated and/or reflective shades of primary colors. (Ord. 2775, 3-2-2009)

D. Materials Not To Be Used As Primary Building Material: (Rep. by Ord. 3090, 4-17-2017)

E. Materials Not To Be Used For Site Improvement: The following materials are strictly prohibited as site improvement materials anywhere at, on or in the site or on the building or structure: crushed colored rock/crushed tumbled glass. (Ord. 2775, 3-2-2009)

F. Wall Materials: Two (2) or more wall materials may be combined on one facade only with one above the other; lighter materials above those more substantial (e.g., wood above stucco or masonry, or stucco above masonry).

G. ADA Regulations: ADA regulations shall be met in the accessing of all buildings. (Ord. 2743, 5-19-2008; Ord. 2775, 3-2-2009)

H. Wall Openings:

1. Glazing shall not be reflective (mirrored).

2. Window openings shall have vertical proportions or may be square.

3. Window shutters shall be sized to match their openings.

4. Windows shall be recessed no less than two inches (2") from the building facade. (Ord. 3090, 4-17-2017)

I. Projecting Elements:

1. All building elements that project from the building wall by more than sixteen inches (16"), including, but not limited to, decks, balconies, porch roofs, and bays, should be visibly supported by brackets, posts, or beams that are sized at minimum six inches (6") in nominal width or diameter.

2. Bay windows should be made of materials identical to or compatible with the building's wall finish and windows.

3. Bay windows should not be wider than eight feet (8') and should have a height that is equal to or greater than its width.

4. Bay windows should be a minimum of three feet (3') from any building corner or other bay. The bay's street facing facade should consist of at least fifty percent (50%) transparent glazing. (Ord. 2743, 5-19-2008; Ord. 2775, 3-2-2009)

(5) Standards For Building Facades:

A. The transition from public to private, indoor to outdoor shall be created by an allowed frontage type. Allowed frontage types are as follows:

1. Frontage type: Dooryard:

(A) Elevated gardens or terraces that provide additional buffer and privacy for residences.

(B) Enclosed by low garden walls at or near the property line, with a stair leading from the sidewalk to the elevated yard.

(D) Buildings are accessed directly from the dooryards.

(E) Garden walls enclosing the dooryard should not exceed forty- two inches (42") in height, unless necessary for structural reasons.

(F) Garden walls may be constructed of stucco, brick, or stone.

(G) A transparent metal railing may be affixed atop a garden wall if additional height is necessary for safety.

2. Frontage type: Light court:

(A) Created by depressing a portion of the front yard below the sidewalk grade in order to provide light and access for a residence or business in the lower level of a building.

(B) Facade is set back from the property line to provide sufficient space for the light court and an exterior stair connecting the sidewalk and the light court.

(D) Light courts are typically combined with other frontage types that provide access to upper levels.

(E) Light courts shall be a minimum eight feet (8') deep to provide usable space, and should occupy at minimum forty percent (40%) of the facade width.

(F) Light courts shall be a maximum of six feet (6') below the adjacent sidewalk.

(G) Garden walls or railings enclosing the light court shall not exceed forty-two inches (42") in height.

(H) Stairs may be parallel with or perpendicular to the sidewalk.

3. Frontage type: Forecourt:

(A) Created by setting back a portion of the building facade, typically the central portion.

(B) Typically provide access to a central lobby of a larger building, but may also be combined with other frontage types that provide direct access to the portions of the facade that are close to the sidewalk. Larger forecourts may allow for vehicular access.

(D) Forecourts may be at grade or elevated above the sidewalk a maximum of twenty-four inches (24").

(E) Forecourts shall be a minimum of ten feet (10') in width and depth. The width of a forecourt shall not exceed one-third (1/3) of the overall facade width, and the depth shall be equal to or less than the width.

4. Frontage type: Stoop:

(A) Exterior stairs with landings that provide access to buildings placed close to the property line.

(B) Building facades are set back just enough to provide space for the stoop.

(D) The stoop's landing may be covered or uncovered.

(E) Stoops shall be raised above grade a minimum of eighteen inches (18") and a maximum of thirty-six inches (36").

(F) Stoops shall be a minimum four feet (4') in width and depth.

(G) Landscaping on either side of the stoop may be at grade or elevated, and may be demarcated by a garden wall that shall not exceed eighteen inches (18") in height.

5. Frontage type: Gallery:

(A) Galleries are created by attaching a colonnade to a building facade that is aligned with or near the property line and typically contains ground floor storefronts.

(B) Colonnades project over the sidewalk and encroach into the public right of way.

(C) Galleries are most effective if they are used on both sides of the street and for the entire length of the block. Galleries and arcades may be combined to achieve the desired look.

(D) Galleries should provide a minimum eight feet (8') clear between the facade and the inside of the posts or columns.

(E) The space between the face of the curb and the outside face of the posts or columns should be between twenty-four inches (24") and thirty inches (30") to provide sufficient room for overhanging bumpers but to discourage walking along the outside of the gallery.

6. Frontage type: Arcade:

(A) Arcades are created by facades that encroach into the public right of way on upper levels but are built at or near the property line on the ground floor.

(B) A colonnade structurally and visually supports the building mass above the sidewalk.

(C) Arcades are most effective if they are used on both sides of the street and for the entire length of the block. Arcades and galleries may be combined to achieve the desired look.

(D) Arcades should provide a minimum eight feet (8') clear between the ground floor facade and the inside of the posts or columns.

7. Frontage type: Shopfront and awning:

(A) Shopfront and awning frontages are created by inserting storefronts with substantial glazing into the ground floor facade of a building.

(B) The facade is aligned with the property line, although partially recessed storefronts, such as recessed entrances, are also common.

(D) Shopfront and awning frontage types are conventional for retail use and not compatible with residential use.

(E) Shopfronts shall be a minimum ten feet (10') tall. A solid base or bulkhead shall be provided with a maximum height of twenty-four inches (24") above sidewalk grade.

(F) A cornice or horizontal band shall be provided to differentiate the shopfront from upper levels of the building.

(G) At a minimum, fifty percent (50%) of the facade area between two feet (2') and ten feet (10') above the ground floor shall consist of transparent fenestration.

(H) Awnings may encroach into the public right of way and cover the sidewalk to within two feet (2') of the curb.

(I) Awnings shall be a minimum seven feet (7') above sidewalk grade, as measured from the bottom of the valances.

(J) Awnings shall not be made out of plastic or metal.

B. The main entrance to every building or use shall be located within the facade and accessed directly from the street through an allowed frontage type as described above.

C. The primary building entrance(s) shall be oriented to the street and clearly defined by the architectural design of the building and the allowed frontage type.

(6) Standards For Roofs:

A. Roof design shall demonstrate two (2) or more of the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof planes; 4) varying parapet heights; and 5) cornices.

B. Buildings with flat roofs shall have projecting cornices to create a prominent edge.

C. All rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. (Ord. 2743, 5-19-2008)

(7) Standards For Building Form, Scale And Style Precedents:

A. Changes In Pattern: At least two (2) changes in pattern of one or a combination of the following building components shall be incorporated into the building design: color, texture and/or materials.

B. Wall Surface Relief: Buildings with more than thirty (30) linear feet of exterior wall without a window or door shall relieve the wall surface with a change in the wall plane of at least one inch (1").

C. Middle Floor: The middle floor of any three-story building shall be distinctive through a change in materials or color, windows or setback.

D. Top Story: The top story of any three-story building shall be reduced in floor area and building mass by at least twenty-five percent (25%) from the ground floor area.

E. Corner: Prominent building features should occupy the corner. (Ord. 2571, 12-19-2005)

F. Style Precedents: All new construction or alteration shall incorporate a minimum of two (2) elements from at least one of the following style precedents:

1. Richardsonian Romanesque revival: Characterized by a straightforward treatment of stone, broad hipped roof planes and a select distribution of openings. Identifying features include one or more of the following:

(A) Broad hip roof;

(B) Short towers, segmental arched entry;

(D) Round arched entry with return;

(E) Rock faced coursed finish;

(F) Relieving round arch.

2. Revival (Colonial, French and Italian Renaissance revival): Buildings show a definite studied formalism. Characteristics include framed windows and doors supporting pediments. Identifying features include one or more of the following:

(A) Pedimented window heads, quoins;

(B) Cornice window head;

(D) Segmental window heads;

(E) Paneled pilasters;

(F) Molded windowsills, balustrade above cornice.

3. Main Street revival: Describes a ubiquitous commercial building style that evolved from Colonial era settlements and used throughout America to the early 1930s. Identifying features include one or more of the following:

(A) Extension of the front facade well above the roof plane to create the illusion of height and mass;

(B) A detailed, projected cornice line;

(D) Use of only brick, stone, or horizontal lap wood siding as finish materials;

(E) Veneers.

4. Spanish revival: A combination of early American Southwestern Spanish styles that include Mission and Monterey. Derived from the western Mediterranean that was in turn influenced by the invasion and occupation of the Moors. Identifying features include one or more of the following:

(A) Small balconies;

(B) Roman or semicircular arcades and fenestration;

(D) Canvas awnings and decorative iron trim;

(E) Prodigious use of stucco wall and chimney finishes;

(F) Low pitched clay tiled roofs and terra cotta or cast concrete ornaments;

(G) Tile roofs and stucco exteriors are characteristic with half rounded doors and windows;

(H) Towers and columns are often seen as balustrades, cantilevered balconies and covered porches.

(8) Standards For Pedestrian Amenities: Pedestrian amenities shall be provided in one of the two (2) ways as set forth in this subsection.

A. For every twenty-five feet (25') of frontage along the front facade, one of the following types of pedestrian amenities shall be provided:

1. Pedestrian Weather Protection: Pedestrian weather protection such as an awning, arcade, canopy, marquee, or a recessed opening into the building to create a covered pedestrian space of at least one hundred (100) square feet;

2. Pedestrian Convenience Features: Pedestrian convenience features such as:

(A) Benches: The types of benches allowed shall be type LB72 from Peterson Manufacturing Company or from the Wabash Valley courtyard series model CY400(R), CY401(R), CY420(R), or SP410(R) or similar and shall be brown, black or gray in color. All benches shall be secured with surface mounts.

(B) Waste Receptacles: The type of waste receptacles allowed shall be type ERS from Peterson Manufacturing Company or from the Wabash Valley courtyard series model LR300(R) or similar and shall be brown, black or gray in color. All trash receptacles shall be secured with surface mounts.

(C) Ashtray Trash: The type of ashtray trash receptacles allowed shall be from the Wabash Valley courtyard series model AT100(R) or similar and shall be brown, black or gray in color. All ashtray trash units shall be secured with surface mounts.

(D) Kiosks: Kiosks.

(E) Drinking Fountains: Convenient access to clean, attractive, public drinking fountains shall be provided to allow pedestrians to limit use of bottled water and other portable beverages, thus helping to limit litter and trash volume.

Drinking fountains are encouraged in high visibility locations within the Indian Creek corridor and in public plazas.

Drinking fountains shall be brown, black or gray in color.

Drinking fountains shall be Murdock model M-30 or similar; (Ord. 2743, 5-19-2008)

(F) Bistro Seating: The type of seating allowed shall be consistent with the "Plaza Facade Design Handbook". Bistro seating shall be portable and not mounted into the ground. (Ord. 3090, 4-17-2017)

3. Public Space: Five (5) square feet of public space for every linear foot of building facade along the property line adjacent to the street;

4. Building Elements That Incorporate Landscaping: A trellis, canopy, porch, or other building element that incorporates landscaping;

5. Building Ornamentation: Building ornamentation such as mosaic tile, relief sculpture, ornamental wood, or metal trim;

6. Artwork Or Murals: Artwork or murals;

7. Decorative Clock: Decorative clock shall be Canterbury International Danbury post clock with solid top ornament or similar;

8. Water Feature: Water feature;

9. Bicycle Racks: Bicycle racks shall be conveniently located to encourage the use of bicycles for transportation and discourage locking of bikes to lampposts, trees, benches, and other undesirable locations.

(A) Bicycle racks shall be located in highly visible locations.

(B) Adequate space shall be provided to keep parked bicycles from interfering with pedestrian movement and safety.

(D) Bicycle racks shall be Wabash Valley thirty-six inch (36") bike loop with either inground model BL100N or surface mount model BL101N or similar;

10. Bicycle Storage Lockers: Bicycle storage lockers;

11. Public Restrooms: Public restrooms;

12. Bollards: Bollards shall be used to separate pedestrian areas from vehicular areas and to provide decorative accents. Bollards may be used to protect trees or other streetscape features from damage caused by vehicles.

Where curb cuts exceed six feet (6') in width, at midblock sidewalk extensions, and at corner sidewalk extensions, a security/antiram bollard installation shall be used. Chain eyes and powder coated matching chain may be used to direct pedestrian movement. Chain shall hang no lower than twelve inches (12") from the ground. Removable bollards shall be used, where necessary, to allow for emergency vehicle and maintenance access.

Bollards shall be from Reliance Foundry R-7542 bollard made out of ductile iron with a black polyester powder coat finish, or similar;

13. Railings: All railings shall be constructed of wrought iron, corten steel, or powder coated steel or aluminum and shall reflect a 1900 to 1930s style.

Safety railings are required for pedestrian areas adjacent to Indian Creek and as required by International Code Council (ICC) codes where a change of grade occurs, such as dooryards or light courts. Safety railings shall follow ICC codes and shall be a minimum height of forty-two inches (42") with a maximum opening such that no opening shall allow a four inch (4") sphere to pass through.

Decorative railings or low fencing less than forty-two inches (42") in height may be used to separate outdoor at grade dining areas, dooryards, light courts or forecourts from public pedestrian areas where a safety railing is not required. Decorative railings shall not impact pedestrian visibility and shall be transparent in design;

B. Pedestrian amenities are provided that in the determination of the planning and zoning director are equal to or greater in value to the pedestrian environment than what would be required under the standards in subsection (8)A of this section. (Ord. 3366, 12-6-2021)

(9) Standards For Residential Structures:

A. Residential development in the city center zoning district shall not be subject to any of the requirements listed in section 10-02-03, table 2, "Height, Setback And Area Schedule", of this chapter.

(10) Standards For Parking:

A. Off Street Parking Structures: Off street parking may be provided in a garage, subterranean garage, parking structure, carport, uncovered, or a combination of any of the above.

B. Off Street Parking Locations: Off street parking shall be located to the rear or side of buildings. (Ord. 2743, 5-19-2008)

1. Sizing and surfacing requirements as listed in subsections 10-02-05(3)F and (3)G of this chapter shall be met, unless the off street parking is a temporary surface parking lot in which the asphalt or concrete surfacing requirements shall be waived. Also waived for temporary surface parking lots are all parking lot landscaping requirements. "Temporary", for purposes of this requirement, shall be defined as not being in use as a parking lot for more than one year.

C. Requirements For Surface Parking Lots: The following requirements apply to permanent surface parking lots. The following requirements shall be waived for temporary surface parking lots. "Temporary", for purposes of this subsection, shall be defined as not being in use as a parking lot for more than one year. (Ord. 2805, 11-2-2009)

1. Restricting vehicular and pedestrian access between adjoining parking lots at the same grade shall be prohibited.

2. Surface parking lots shall not exceed fifteen thousand (15,000) square feet in size unless divided by landscaping and pedestrian walkways.

3. Clear, well lit paths from parking areas to the street and building entrance shall be provided.

4. Parking lot landscaping requirements shall be adhered to as set forth in section 10-07-09 of this chapter.

5. Sizing and surfacing requirements as listed in subsections 10-02-05(3)F and (3)G of this chapter shall be met.

D. Requirements For Parking Structures:

1. Entrances to subterranean or aboveground parking structures shall be located to the side or rear of the lot.

2. Aboveground parking structures shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, articulation, modulation and finish materials.

3. Sizing and surfacing requirements as listed in subsections 10-02-05(3)F and (3)G of this chapter shall be met. (Ord. 2743, 5-19-2008)

(11) Standards For Murals:

A. The content of the mural is consistent with the architectural, geographical, sociocultural and historical context of the city center.

B. The mural may be located on the front, rear, side or alley side of the building, as approved by the Public Art Management Team (PAMT).

C. The size of the mural is limited to two hundred (200) square feet or will be based on the size of the structure, as approved by the Public Art Management Team (PAMT).

D. The surface material is resistant to vandalism and weather.

E. The mural cannot include advertising, but it may include the business name as long as it shall not dominate the design of the mural.

F. All murals shall be reviewed and approved by the Public Art Management Team (PAMT). (Ord. 2571, 12-19-2005; Ord. 3090, 4-17-2017; Ord. 3366, 12-6-2021)

(12) Standards For Blank Walls:

A. All blank walls within fifty feet (50') of and visible from a street or the Indian Creek corridor shall be treated in one or more of the following methods:

1. Install a vertical trellis in front of at least fifty percent (50%) of the wall length with climbing vines or plant materials;

2. Provide a landscaped planting bed at least eight feet (8') wide or raised planter bed at least two feet (2') high and three feet (3') wide in front of the wall. Plant materials that will obscure or screen at least fifty percent (50%) of the wall's surface within three (3) years are to be planted in the planting bed; or

3. Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least fifty percent (50%) of the blank wall surface. (Ord. 2571, 12-19-2005)

(13) Standards For Service Areas:

A. Service areas, including all utility access, aboveground equipment, and trash containers, shall be located on the alley, where present. On sites not served by an alley, service areas shall be located at the rear or an internal location. Service areas shall be set back from the property lines and screened with a minimum of a six foot (6') high sight obstructing, solid fence or wall. (Ord. 2743, 5-19-2008)

B. Mechanical equipment, solar collectors, satellite dishes and communication equipment located on top of a building shall be screened to the height of the equipment. Screening should be of similar materials and form as the building itself. (Ord. 2571, 12-19-2005)

(14) Standards For Streetscape:

A. Street Section And Sidewalks:

1. The following specifications apply to 5th Avenue, 6th Avenue, 7th Avenue, Kimball Avenue, 9th Avenue, 10th Avenue, Cleveland Boulevard and Blaine Street from the railroad tracks to the southerly side of Cleveland Boulevard and to the southerly side of Cleveland Boulevard, both sides of Arthur Street, and both sides of Main Street from the westerly side of 5th Avenue to the westerly side of 10th Avenue, including the southerly side of Cleveland Boulevard and both sides of 5th Avenue: (Ord. 2805, 11-2-2009)

(A) Eighty foot (80') full width right of way.

(B) From centerline the half section is a twelve foot (12') wide travel lane, a fourteen and a half foot (14.5') wide diagonal parking lane, a two foot (2') wide curb and gutter area, and an eleven and a half foot (11.5') wide sidewalk from top back of curb to the right of way line.

(D) Improvements shall include curb, gutter, sidewalk, subbase and asphalt paving, storm drainage facilities, streetlights and water mains. (Ord. 2743, 5-19-2008)

(E) Flexibility and exceptions to subsections (14)A1(A) through (14)A1(D) of this section are allowed and may be granted at the discretion of the planning and zoning department and the engineering department based upon existing size and topographic constraints as well as any restrictions or limitations from Idaho transportation department or any other affected agency or jurisdiction. (Ord. 2805, 11-2-2009)

2. All other streets within the city center zoning district not specified in subsection (14)A1 of this section shall follow all requirements as adopted by the city engineering department under the street master plan including required right of way, curb, gutter, sidewalk, subbase and asphalt paving, storm drainage facilities, streetlights and water mains.

B. Street Lighting:

1. All streetlights within the city center zoning district shall match the city's approved manufacturer and model for the city center zoning district.

2. All streetlights shall include a planter arm for one hanging basket and one banner arm.

(A) The planter arm shall be located on the side of the post that faces the sidewalk.

(B) The banner arm shall be located on the opposite side of the post facing the street.

3. The post and fixtures of all streetlights shall be furnished with a "verde green" powder coat finish.

4. All hardware shall be stainless steel.

5. All exterior hardware shall be tamper resistant.

6. Streetlights shall have a matching reflective shield installed at the top of the streetlight in an appropriate location so as to provide downward facing lighting. (Ord. 2743, 5-19-2008)

7. Streetlights shall be placed approximately every sixty feet (60') with an approximately four foot (4') wide strip of red brick pavers or stamped red brick concrete running perpendicular from the curb to the edge of the building. Additionally, red brick pavers or stamped red brick concrete shall run parallel with the street between the edge of the curb and the edge of the sidewalk and shall be approximately two feet (2') wide. (Ord. 2805, 11-2-2009)

10-12-06: CITY CENTER INDIAN CREEK CORRIDOR DESIGN REQUIREMENTS:

(1) Purpose: The purpose of the city center Indian Creek corridor design requirements is to set forth design requirements that allow for a range of alternative methods for achieving the design objectives and to allow for innovation and creativity in meeting the design objectives.

(2) Applicability: The following requirements shall apply to:

A. All new construction, additions and/or any exterior renovation for property within the Indian Creek corridor ("within" meaning either completely within or partially within any portion of the Indian Creek corridor that runs through the city center zoning district). (Ord. 2743, 5-19-2008)

B. The exception is that all new construction, additions, or alteration of properties within a designated local historic district contained within the city center zone shall instead be subject to provisions set forth in section 10-12-07, "Design Development Requirements For City Center Properties Located Within A Designated Local Historic District", of this article. (Ord. 2911, 9-4-2012)

(3) Guiding Principles:

A. Relate new to existing development.

B. Create a visually interesting and inviting environment.

C. Strengthen the pedestrian environment.

D. Promote sustainable design.

E. Promote quality development.

F. Address the special opportunity of Indian Creek.

G. Create a distinctive skyline.

H. Minimize the appearance of unattractive elements.

I. Create linkages and passages.

J. Create a multifunctional and attractive streetscape.

K. Commit special attention to the design of civic and public spaces. (Ord. 2571, 12-19-2005)

(4) Performance Standards:

A. Relate New To Existing Development:

1. Buildings should reflect a minimum of two (2) elements of the Richardsonian Romanesque, the revival, the Main Street revival or the Spanish revival architectural style, or a combination thereof, as listed in subsection 10-12-05(7) of this article. (Ord. 2743, 5-19-2008)

B. Create A Visually Interesting And Inviting Environment:

1. Building frontages should be designed to create inviting indoor and outdoor spaces visible from the sidewalk, streets, and Indian Creek corridor.

2. Both interior and exterior spaces should be designed to recognize and promote visual linkages to other defining elements, such as Indian Creek, monuments, civic spaces, and other landmarks that orient the user.

3. Public spaces, courtyards and plazas should be incorporated into the design of new development to accommodate a number of functions, whether organized or casual. Desired features in these spaces include: fountains, art, movable seating and tables, orientation to take advantage of winter sun and summer shading, security at night and many points of access and connection.

4. Usable raised porches and terraces are encouraged on the street sides of residential buildings to create opportunities for neighborhood interaction.

5. Side and rear facades of buildings should contain windows of similar character as the street side windows to create a sense of architectural continuity for all sides of the building, and also to provide "eyes on the street" for safety. (Ord. 2571, 12-19-2005)

C. Strengthen The Pedestrian Environment:

1. Building entrances should be designed to give identity to buildings and uses therein and to reinforce public spaces.

2. Pedestrian activity at the ground level should be encouraged with pedestrian amenities such as display windows, recessed entrances, arcades, alcoves, porticoes, awnings and sidewalk seating. Architectural details such as cornices, ornamentation, light fixtures, that provide visual interest, shadow, contrast and color to the pedestrian should be encouraged.

3. Buildings over three (3) stories in height should be designed to reduce the visual impact of taller building elements as viewed from the streets. (Ord. 2743, 5-19-2008)

D. Promote Sustainable Design:

1. Sustainable, energy efficient and nontoxic materials should be used to create less impact on the local and world environment.

2. Solar energy devices and materials are encouraged and should be integrated in the building design so as not to look extraneous or visible from the street.

3. New development should be designed to provide solar access and to minimize the impact of shadows on neighboring buildings and spaces.

4. Energy efficient lighting should be provided in attractive features that provide for security without shedding excessive light on adjoining properties or polluting the night sky.

5. Streets and surface parking area should be guided by the principles of green streets. Desirable features are permeable paving, vegetated infiltration areas, solar powered lighting, and native landscaping.

6. Low impact stormwater solutions that offer infiltration and habitat value should be encouraged and should be consistent with adopted city standards. (Ord. 2571, 12-19-2005)

E. Promote Quality Development:

1. All standards as set forth in this article shall apply to development within the Indian Creek corridor as it flows through the city center district. (Ord. 2743, 5-19-2008)

F. Address The Special Opportunity Of Indian Creek:

1. Building facades facing Indian Creek should be open to the creek environment with windows and doors, and where applicable to outside dining areas.

2. Properties adjacent to Indian Creek should provide linkages for pedestrian and bicycle access along Indian Creek and the Boise River.

3. Visual and safe physical access to the creek should be provided.

4. Public art fountains and other features should be provided which reflect the creek side environment.

G. Create A Distinctive Skyline:

1. Multi-story buildings are encouraged. (Ord. 2571, 12-19-2005)

2. A minimum of two (2) stories is required for all newly constructed buildings in the Indian Creek corridor. (Ord. 2743, 5-19-2008)

3. Create roof profiles on taller buildings to provide a nonuniform skyline.

4. The use of upper floor setbacks and sloping roofs is encouraged.

5. Roof gardens are encouraged to provide additional green space in the urban environment, beautify roofscapes, slow stormwater runoff, and reduce heat island effect.

H. Minimize The Appearance Of Unattractive Elements:

1. Service areas should be located primarily at the alley; or on sites not served by an alley, service areas should be located at the rear or an internal location on the site where visibility and odor from the street and adjoining sites is minimized. Service areas along alleys, especially buildings with Indian Creek frontage, should be screened from view or designed with the best possible appearance.

2. Mechanical equipment, solar collectors, satellite dishes and communication equipment may be located on top of a building if screened to the height of the equipment. Screening should be of similar materials and form as the building itself. (Ord. 2571, 12-19-2005)

I. Create Linkages And Passages:

1. Emphasize the public sidewalk, Indian Creek corridor and other public pathways as primary circulation. Avoid focusing circulation to interior environments.

2. Promote connections through buildings for public interaction and pathway choice, particularly in buildings that face Indian Creek.

3. Connections between major attractors should be strengthened in order to create an easily walkable atmosphere.

4. Public spaces, courtyards and plazas should be designed to provide a visual or physical continuity between inside and outside buildings, linkages with neighboring sites and buildings, and connection between the public and private spaces. (Ord. 2743, 5-19-2008)

10-12-07: DESIGN DEVELOPMENT REQUIREMENTS FOR CITY CENTER PROPERTIES LOCATED WITHIN A DESIGNATED LOCAL HISTORIC DISTRICT:

(1) Purpose: The purpose of the requirements set forth in this section is to protect, enhance and restore the historic character of the district. (Ord. 2571, 12-19-2005)

(2) Applicability: The following requirements apply to all new construction, additions, and/or alterations for all properties within a designated local historic district contained within the city center zone. (Ord. 2911, 9-4-2012)

(3) Standards:

A. Basics: The secretary of the interior's standards for rehabilitation shall provide the basic direction for review of improvements affecting historic properties. (Ord. 2571, 12-19-2005)

B. Guide: (Rep. by Ord. 2911, 9-4-2012)

C. Building Height: Building height is generally two (2) stories with no more than a one-story variation between buildings. New construction should set back any stories over two (2) from the historic property.

D. Building Setback: Structures should front on the street property line.

E. Scale:

1. Structures on the corners should be larger and more ornamental than buildings on the midblocks.

2. The building proportions should be restored or maintained, and replicated in new construction. New construction should replicate the pattern of original buildings which were typically fifty foot (50') wide storefronts, two (2) stories in height, and a ground floor height between ten (10) and sixteen feet (16').

3. Repetitive patterns found in materials, windows and spaces should be restored or maintained, and replicated in new construction.

F. Roofs:

1. Roofs should be flat or pitched roof behind a parapet wall.

2. Roof replacement materials should replicate the historical materials.

3. Roof color should not detract from the building.

4. Vents, skylights or asphalt roof materials should not be visible from the street.

G. Building Facades:

1. The original proportion and pattern of windows, doors, solid areas and open spaces should be restored or maintained, and replicated in new construction.

2. The original placement and design of recessed, storefront doors, vertical windows, and clerestories should be restored or maintained and replicated in new construction.

3. The original features of window design including frames, sash, muntins, glazing, sills, lintels, jambs, and molding should be restored or maintained and replicated in new construction.

4. Upper level windows should be of similar size and proportion to windows in turn of the century buildings, i.e., vertically proportioned. Groups of vertically proportioned windows are encouraged for office and commercial uses, and public rooms of dwellings.

5. Facade materials of mostly brick, stucco, clapboards and stone should be restored or maintained, and replicated in new construction.

6. The dimensions, color, and texture of materials should replicate the original.

7. The painting of unfinished surfaces such as brick or stone, and anodized or unfinished aluminum window framing should be discouraged.

H. Architectural Features:

1. Architectural features such as cornices, moldings, pilasters, and parapets should be restored or maintained, and replicated in new construction.

2. The design, proportion, materials and location of original architectural features should be maintained or replicated in new construction.

I. Colors:

1. Colors schemes should be simple, and should match the original building color or colors typical for the historical era when the building was first constructed.

2. Colors should preserve or emphasize the structural building details.

3. Color treatment should be consistent in signs, building ornamentation, awnings, and entrances.

J. External Lighting:

1. External lighting should be the minimal necessary to maintain safety and should not overpower the building.

2. External light fixtures should be simple in design and located in such a manner that do not obscure the building's design or ornamentation.

3. Fluorescent lights and light fixtures that predate Caldwell's city center should be discouraged.

K. Mechanical Systems:

1. Mechanical systems should be located in areas that are not visible from the street and screened from other public spaces and properties.

2. Rooftop mechanical systems should be hidden by a parapet wall to the front of the building and screened from the alley or rear of the building.

L. Signs:

1. All new signs should be architecturally compatible with the design of the existing or new building.

2. Signs should be integrated within the facade of the building. Ideal locations for signs include: the lintel band above the clerestory windows, entryways, display windows, or within decorative moldings that create natural frames for signs.

3. The color, material, size, shape, and method of illumination of signs should be integrated within the facade of the building.

4. Flush mounted, window, and awning signs, and signs using symbols or trademarks should be encouraged.

5. Projecting signs should be limited in size and number.

6. Signs appearing above the first floor level should be limited to identification of the building or principal use within the building.

7. Buildings with numerous businesses should limit exterior signs to small identification panels at the entrance.

8. Anodized or unfinished aluminum framing around signs should be discouraged.

9. Digital signs, reader boards and signs with moving parts should be discouraged.

M. Awnings:

1. The shape, color and location of the awning should be consistent with the historical and architectural character of the building.

2. Awnings which are used as an integral and creative form of signage should be encouraged.

3. Awnings with distinctive shapes such as barrel shape, segmented arches, or round ended should be carefully used.

4. Awnings which dominate the facade, run the entire length of the building, obscure the architectural features of the building, and awnings which are illuminated with fluorescent lighting should be discouraged. (Ord. 2571, 12-19-2005)

10-12-08: DESIGN REVIEW APPLICATION PROCESS:

(1) Purpose: The purpose in administration of the design application process is:

A. To ensure that new applications in the City Center Zoning District are consistent with the goals and policies of the comprehensive plan; and

B. To allow for processes that are expedient and effective; and

C. To allow for processes consistent with the magnitude of change in development and level of sensitivity to adjoining structures and natural features; and (Ord. 2743, 5-19-2008)

D. To ensure that the proposed development will not have a negative impact to the design and intent of development within the City Center Zoning District.

(2) Applicability:

Staff Level Design Review:

A.1. All applications within the City Center Zoning District, including those within the Indian Creek Corridor, may receive Planning Director (or designated staff) level design review based upon approved development guidelines for certain design elements. Staff level design review may be considered for the following design elements, as long as they meet the intent of, and are compatible with, the design review guidelines and handbook. Alternatively, the Planning Director, in his or her discretion, may require that the following design elements be approved by the Commission.

1. Building Materials, Colors, Wall Opening and Projecting Elements.

2. Building Facades.

(A) Exterior Renovations - Minor building elements.

(B) Store Front Design.

3. General Design Elements.

(A) Pedestrian Amenities, such as, trash cans, bike racks, and others.

(B) Awnings/Canopy.

(D) Lighting elements.

4. Murals.

5. Signs.

A.2. Commission Level Design Review: All applications within the City Center Zoning District, including those within the Indian Creek Corridor, shall be reviewed for compliance with the standards as set forth in this article by the Design Review Commission. Requested modifications, deviations, or exceptions to the standards as set forth in this article shall be included in any application for consideration by the Design Review Commission. (Ord. 3083, 4-17-2017)

B. All special use permit applications within the City Center Zoning District, shall be reviewed by the Planning and Zoning Commission through the public hearing process as set forth in section 10-03-04 of this chapter. (Ord. 2743, 5-19-2008)

C. Applications for new construction, additions or exterior alterations for any property within a designated local historic district contained within the City Center Zoning District shall be reviewed for compliance with the standards as set forth in this article by the historic preservation commission. (Ord. 2911, 9-4-2012)

D. Legal nonconforming single-family dwellings in the City Center Zoning District are exempt from design review standards.

(3) Pre-application: Any developer, business owner, or property owner seeking to construct or renovate a building in the City Center Zoning District is required to have a pre-application (roundtable) meeting with city staff prior to filing an application. (Ord. 3083, 4-17-2017)

(4) Application Process:

A. A project requiring special use permit approval shall follow the application process outlined in section 10-03-04 of this chapter. (Ord. 2743, 5-19-2008)

B. Applications for a building permit in the City Center Zoning District shall be obtained from and submitted to the Building Department for processing and subsequent review. (Ord. 2805, 11-2-2009)

C. Applications for new construction, additions or exterior alterations for any property within a designated local historic district contained within the City Center Zoning District shall require a certificate of appropriateness from the Historic Preservation Commission, City Center Zoning District commission prior to commencement of any construction and prior to application for any other permits. (Ord. 2911, 9-4-2012)

1. If a certificate of appropriateness is obtained from the Historic Preservation Commission, then the appropriate building permit applications shall be obtained from the building official.

D. All applications shall be accompanied by a fee in an amount established by city council resolution. (Ord. 2743, 5-19-2008)

E. All applications shall be accompanied by the appropriate fee and a sample of roofing materials, siding materials, all exterior colors to be used on the building and any other material to be used on the exterior of the building. All said samples shall be approved by the Planning and Zoning Director, Design Review Commission, Historic Preservation Commission or the Planning and Zoning Commission, whichever is applicable.

(5) Hearing Process:

A. Applications for review by the Historic Preservation Commission or Design Review Commission as set forth under subsection (2) of this section shall be subject to a public hearing as follows: (Ord. 3083, 4-17-2017)

1. Notice To Be Published: At least fifteen (15) calendar days prior to the hearing, notice of the time and place, and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction.

2. Posting Of Notice: Notice shall be posted on the premises not less than seven (7) calendar days prior to the hearing.

3. Notice To Be Mailed: At least fifteen (15) calendar days prior to the hearing, notice shall be mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land being considered.

(A) Any property owner entitled to specific notice pursuant to the provisions of this subsection shall have a right to participate in public hearings.

(B) When notice is required to two hundred (200) or more property owners or purchasers of record, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) calendar days prior to the hearing date, in addition to site posting on all external boundaries of the site. (Ord. 2743, 5-19-2008)

4. Conduct Of Hearing: The public hearing shall be conducted by the Historic Preservation Commission or Design Review Commission with the city's adopted rules of procedures which provide for a record of the proceedings, testimony by the applicant and the public, and a written order of decision. (Ord. 3083, 4-17-2017)

(A) The written order of decision shall reference the review criteria used in the review of the application and which provided the basis for the decision. The Historic Preservation Commission or Design Review Commission shall have the ability to condition applications to comply with any specified standards in this chapter. (Ord. 2928, 6-3-2013; Ord. 3083, 4-17-2017)

5. Appeals: The applicant or any aggrieved person with interest in real property within a three hundred foot (300') radius of the exterior boundaries of the subject property may appeal the decision of the decision making body to the council by completing and submitting an appeal application and or conditions to the city clerk, along with the appropriate fee, within fifteen (15) days of the date of the written decision from the decision making body. (Ord. 2743, 5-19-2008)

(6) Decisions: The decision making body shall provide a written decision with reference to the review criteria used in review of the development design application and the basis for the decision. The decision making body shall have the ability to condition development design proposals to comply with specified criteria in this chapter. Within one year of the date of signature of the order of decision showing approval, a building permit application shall be submitted for the approved project. If the building permit application is not submitted within the required time frame, the order of decision shall become null and void. One, and only one, administrative extension may be granted by the Planning and Zoning Director, allowing an additional twelve (12) months to submit the building permit application.

(Ord. 2928, 6-3-2013; Ord. 3287, 9-21-2020)

10-12-09: DEFINITIONS:

(1) See section 10-03-11 of this chapter for all definitions. (Ord. 2743, 5-19-2008)

10-12-10: CITY CENTER OUTDOOR DINING:

(1) Purpose And Intent: The purpose of this chapter is to establish regulations to allow limited dining to encroach into the public right-of-way as an ancillary component of an adjacent primary business, which is located on private property. It is intended that such outdoor dining will not unduly restrict public access or utilize a design that detracts from the image and appearance of the surrounding area.

(2) Definitions:

A. "Outdoor Dining" is defined as use of an adjacent, outside area by a food or beverage establishment for the same eating and/or drinking activities that occur within the establishment. The outdoor dining area may be located in a public right-of-way pursuant to this chapter.

B. "Chair" shall mean either a distinct piece of furniture designed to allow one person to sit upon the same, or when seating is provided on a bench or other similar structure, then every twenty inches (20") of seating space shall be considered as the equivalent of one chair for determining seating capacity.

C. "Table" shall mean a piece of furniture consisting of a smooth flat slab fixed on legs.

(3) Outdoor Dining: Outdoor dining shall be permitted to encroach into the public right-of-way pursuant to this chapter in the following areas:

A. The area is bounded by the Union Pacific Railroad tracks to the north, 12th Street to the east, Grant Street to the south, Paynter to the North, Simplot Blvd. to east and ending at the Union Pacific Railroad tracks. See map below.

B. Outdoor dining in the public right-of-way shall not extend beyond the boundaries of the primary business property to which such activity is subordinate.

(4) Location:

A. Outdoor dining may be other locations beside public sidewalks, as designated by the Caldwell City Council.

B. The City of Caldwell may lease city owned properties for outdoor seating with a lease agreement approved by the Caldwell City Council.

C. Outdoor dining may extend into the public right-of-way; however, a clear pedestrian pathway shall be maintained the full width of the property. The pathway shall maintain a minimum unobstructed passageway of three feet (3') as measured from the dining area to any obstruction including but not limited to light standards, benches, street trees and news racks.

D. Accessi bility Standar ds: Accessi bility of forty eight inches (48") is preferre d, but the minimu m thirty six inches (36") continuo us clear width of accessib le routes can be reduced to thirty two inches (32") at points, such as streetlight, signage, street trees and tree grates. As show on the diagram below.

Clear Width of an Accessible Route

(5) Insurance: The permittee shall maintain general liability insurance for the benefit of the city of a type and amount as determined appropriate by the city attorney.

(6) General Standards For Outside Dining:

A. Development Standards:

1. Placement of tables and chairs can be placed on public sidewalks or others areas as determined by the Planning Director that do not violate any other provisions of this section.

2. Outdoor dining areas that have more than four (4) tables or more than eight (8) chairs in the dining area should be separated from the walkway with fencing, swag roping, decorative plants, landscape planters, or other architectural barriers that prevent encroachment of tables and chairs into the three foot (3') pathway being maintained for pedestrian access. Outdoor dining areas that have more than eight (8) tables or more than sixteen (16) chairs must provide stationary fencing between the dining area and the walkway. Materials and design must be approved by the Planning and Zoning Director. The Planning and Zoning Director may relax this standard when it is clear that there is no reasonable possibility of tables or chairs being moved to encroach on the required pedestrian pathway.

3. Lighting will be required for outdoor dining areas, during the, evening hours. The lighting fixtures must be decorative and compliment the architectural character of the building and area. Lights mounted on the building shall not cause direct glare or other visual obstruction to pedestrians or vehicle drivers along the street and public walkway, and should illuminate only the sidewalk area.

4. Portable umbrella canopies should be between seven feet (7') and ten feet (10') in height. A clear pedestrian passage way of five (5) feet should be maintained. Umbrellas shall not extend past the sidewalk seating barrier and do not contain advertising, colors shall complement the color palette identified in the Plaza Facade Design Handbook.

5. If portable heaters are utilized, they must comply to the IFC 2015 603.4.2 portable outdoor gas-fired heating appliances with the following guidelines:

(A) Prohibited Locations: Inside of any occupancy where connected to the fuel gas container, inside tents, canopies and membrane structures, on exterior balconies, indoors;

(B) Clearance To Buildings: Shall not be located, not less than five feet (5') from building;

(C) Clearance To Combustible Materials: Shall not be located beneath or closer than five feet (5') to combustible or similar combustible attachments to buildings;

(D) Clearance to Exits: Shall not be located within five feet (5') of exit or exit discharges;

(E) Listed And Approved: Only listed and approved portable outdoor gas-fired heating appliances utilizing a fuel gas container that is integral to the appliance shall be used;

(F) Installation And Maintenance: Shall be installed and maintained in accordance with the manufacturer's instructions;

(G) Tip Over Switch: Shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tipped more than fifteen degrees (15°); and

(H) Guard Against Contact: The heating element or combustion chamber shall be permanently guarded so as to prevent accidental contact by persons or material.

6. If outdoor speakers are utilized, the sound must comply with the city of Caldwell's noise ordinance, section 07-13-03, (Public Noise Disturbance).

7. While the City realizes that each type of outdoor dining fulfills a different purpose, it is still necessary to establish standards that are to be maintained by all participating establishments to ensure the continued quality of the Caldwell outdoor dining experience. The following are specific standards related to the material and design of furniture, pedestrian barriers and landscaping.

B. Outdoor Dining Materials Standards.

1. Facilities and equipment shall be of a quality and style that is consistent with the downtown design guidelines adopted by the City of Caldwell and any other applicable design standards and policies.

(A) Iron, Cast: Low carbon iron, hand or machine cast parts, stainless steel connectors, and hand ground to smooth finish.

(B) Iron, Wrought: Heavy Gauge: Low carbon, MIG welded and hand ground to smooth finish.

(C) Steel, Expanded: Frame - minimum of thirteen (13) gauge cold rolled steel, low carbon, MIG welded and finish with hard, abrasive resistant liquid paint.

(D) Steel, Wire: 13/14 gauge cold rolled MIG welded, smooth ground joints, and abrasive resistant finish.

(E) Aluminum, Cast: Solid aluminum bars, not hollow tubes, and all heli-arc welded connections.

(F) Aluminum, Extruded: Anodized extruded aluminum, heli-arc welded connections.

(G) Wood: Frame - minimum three inch by three inch (3"x3") nominal frame member slats- minimum %" x 3" nominal slat - size joints shall be doweled and glued. No screw or bolts connections.

(H) Or other design as approved by the Planning and Zoning Director.

(I) No resin furniture will be permitted.

C. Operational Standards:

1. The owner of the primary business is responsible for proper operation of the outdoor dining area. Outdoor dining shall be continuously supervised by management or employees.

2. Establishments are required to maintain all areas in and around the sidewalk dining area in a manner which is clean and free of litter and debris.

3. The outdoor dining hours of operation shall be limited to the hours of operation of the associated food or beverage establishment.

4. All plans and permits for the outdoor dining area approved by the city must be kept on the premises for public inspection at all times, during which the associated establishment is open for business.

5. Outdoor dining areas shall be operated in a manner that meets all requirements of Southwest District Health and all other applicable regulations, laws, ordinances and standards. Food establishments serving alcoholic beverages shall also obtain all necessary permits required by the Idaho State Liquor Commission.

(7) Review Process:

A. Review Authority: The Planning and Zoning Director shall have administrative authority to review and approve outdoor dining permits. The Planning and Zoning Director may impose reasonable conditions to assure that the dining or display area is not detrimental to the public health, safety and welfare and is consistent with applicable redevelopment plans and design guidelines.

B. Conditions Of Approval: The Planning and Zoning Director, as applicable, may impose reasonable conditions of approval to ensure that outdoor dining areas operate in a manner that is not detrimental to the public health, safety and welfare, is consistent with all applicable codes, policies and guidelines, and enhances the image, appearance and vitality of the area in which the use is located. This includes but is not limited to authority to regulate the design, layout, materials, colors, quality and appearance of outside dining areas; to require security deposits, insurance and other reasonable financial guarantees and to prescribe operating terms which the permittee must follow.

C. Appeal:

1. The decision of the Planning and Zoning Director may be appealed and shall require a majority vote of the Planning and Zoning Commission at a regular meeting to which the permittee has been given at least fifteen (15) calendar days' notice. The decision of the Planning and Zoning Commission may be appealed to the City Council.

2. The above decisions must be appealed in writing to the City Clerk's office within fifteen (15) days after the decision is made.

D. Fees: When filing an application for an outdoor dining or any related appeals, a uniform nonrefundable fee shall be paid for the purposes of defraying the costs incidental to the proceedings. The fees shall be determined by the City Council and adopted by resolution, which may be amended from time to time.

(8) Encroachment Permit: An encroachment permit must be obtained from the city before any dining area is permitted.

(9) Terms And Renewal: An outdoor dining area may be approved for a maximum of two (2) years. Renewal permits may be granted for two (2) year periods. The City of Caldwell reserves the right to temporarily suspend the permit upon seven (7) days' notice because of anticipated or actual conflicts in the use of sidewalk areas due to street repairs, parades, festivals and other similar events.

(10) Exception:

A. This section is exempt within the borders of the Indian Creek Plaza. See the map below.

(11) Enforcement:

A. Penalties: Any violation of this chapter shall be punishable as a misdemeanor pursuant to city code. In addition, the city may seek civil remedies for any violation including but not limited to the recovery of reasonable costs for the enforcement and correction of the violation.

B. Revocation: Violation of any of the standards in this code or any of the conditions imposed under this section shall be grounds for revocation of the outdoor dining permit. Such revocation shall require a majority vote of the Planning and Zoning Commission at a regular meeting to which the permittee has been given at least ten (10) calendar days' notice. The decision of the Planning and Zoning Commission decision may be appealed to the City Council. (Ord. 3344, 7-19-2021)

ARTICLE 13
MIXED USE DISTRICTS

SECTION:

10-13-01: Purpose

10-13-02: Applicability

10-13-03: Land Use Schedule

10-13-04: Setbacks

10-13-05: Signage, Fencing And Landscaping

10-13-01: PURPOSE:

(1) The purpose of the T-N (traditional neighborhood) zone is to protect, enhance, and revitalize the historical traditional neighborhood areas in accordance with the Caldwell comprehensive plan:

A. To provide for a mix of land uses that allow for residents to live, work, play and shop;

B. To balance the needs for parking and vehicular circulation with the development of a walkable, pedestrian environment; and

C. To further enhance and grow established neighborhood areas for residential and commercial investment.

(2) The purpose of the H-C (highway corridor) zone is to create, preserve and enhance key areas along a highway corridor in accordance with the Caldwell comprehensive plan:

A. To provide for a mix of land uses that allow citizens to live, work and shop and businesses to become established and expand;

B. To enhance properties along highways which are highly visible or transitional in nature by developing, maintaining and expanding highway oriented commercial uses, limited light industrial uses, educational uses, offices and high density residential uses. (Ord. 2864, 5-16-2011)

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