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)

10-13-02: APPLICABILITY:

Traditional neighborhood districts and highway corridor districts shall apply to those areas as defined on the official zoning map. (Ord. 2864, 5-16-2011)

10-13-03: LAND USE SCHEDULE:

 

P = Permitted use S = Special use N = Not permitted

 

		T-N	H-C
Agribusiness:
	Agriculture, general	P	P
	Farmstand	P	P
	Grain/crop storage	N	P
	Greenhouse	P	P
	Nursery - retail	P	P
	Nursery - wholesale	N	P
Residential:
	Single-family dwelling (attached, detached, townhouse)	P	N
	Single-family dwelling (townhouses only)	P	N
	Two-family dwelling (duplex)	P	N
	Three-family dwelling (triplex)	S	N
	Four-, five-, or six-family dwelling	S	N
	Multi-family dwelling	N	N
	Manufactured home	P	N
	Mobile home	P	N
	Manufactured home park	S	N
	Planned unit development - residential	S	S
	Mixed use planned unit development - with residential	S	S*
	* Final approval by City Council.
Residential - commercial:
	Bed and breakfast	P	S
	Convalescent home/nursing home/assisted living facility	P	N
	Daycare center; preschool/homeschool, 13 or more	P	S
	Dormitory	N	S
	Family/group daycare home; preschool/homeschool, 12 or fewer	P	P
	Food bank/soup kitchen	P	N
	Group home, 9 or more residents	S	N
	Home occupation	P	P
	Homeless shelter	S	N
	RV park/campground	N	S
	Rooming house/boarding house	S	N
	Transitional home	S	S
Commercial-automotive:
	Automotive tow yard	N	N
	Body shop	S	P
	Car wash	P	P
	Gas/service station	P	P
	Rental lot	N	N
	Repair services	P	P
	Sales - new or used manufactured home, mobile home, farm implement	N	N
	Sales - new or used RV, boat, ATV, trailers, off road, trucks, commercial vehicles	N	N
	Sales - new passenger vehicles, motorcycles	N	N
	Sales - used passenger vehicles, motorcycles	N	N
	Storage - indoor only	N	N
	Storage - outdoor	N	N
	Tire repair/sales store	P	P
	Truck and tractor repair and service	N	N
	Truck stop	N	N
Commercial - medical:
	Ambulance service	N	N
	Clinic - outpatient only	P	P
	Durable medical equipment	N	N
	Hospital	N	N
	Laboratory/research	N	P
	Medical, dental office	P	P
	Medical equipment sales/rental	N	N
	Therapy, rehabilitation	P	P
Commercial - retail:
	Bakery or bakery goods store	P	P
	Big box retail	N	P
	Building supply outlet	N	P
	Convenience store	P	P
	Convenience store, with gasoline	P	P
	Delicatessen	P	P
	Drugstore/pharmacy	P	P
	Electronic sales	P	P
	Equipment sales, rental and services	P	P
	Flea market	P	P
	Furniture shop	P	P
	Gift shop	P	P
	Grocery store	P	P
	Gun sales and service	P	P
	Hardware store	P	P
	Liquor store	S	S
	Lumberyard	N	N
	Retail sales, general	P	P
	Shopping center	P	P
	Shopping mall	N	P
Commercial - service:
	Auction	N	S
	Bail bond use	S
	Bank, credit union - drive-through	P	P
	Bank, credit union - no drive-through	P	P
	Barber/beauty shop	P	P
	Cabinet shop	N	N
	Catering service	P	P
	Commercial kennel	N	P
	Corporate office buildings	P	P
	Crematorium	N	N
	Electronic service and repair	P	P
	Espresso, ice cream, pastry shop	P	P
	Food stand	P	P
	Frozen food locker	N	N
	Funeral home/mortuary	S	S
	Furniture refinishing	N	N
	Health club, fitness facility	P	P
	Home and business services	P	P
	Hotel	S	P
	Landscaping business	S	P
	Laundromat, self-service	P	P
	Laundry, commercial plant	N	N
	Ministorage, indoor	N	S
	Motel	S	P
	Offices - business, professional	P	P
	Outdoor storage	N	N
	Packaging business	P	P
	Pawnshops	N	N
	Payday loan and title loan establishments	N	N
	Photographic studio	P	P
	Printing and blueprinting	P	P
	Restaurant - drive-in	P	P
	Restaurant - no drive-through	P	P
	Restaurant - with drive-through	P	P
	Secondhand/thrift store	S	N
	Security guard quarters	P	P
	Sign shop	P	P
	Small engine/equipment repair	S	P
	Spa	P	P
	Studio - art, dance, music, voice	P	P
	Tanning salon	P	P
	Tattoo parlor	N	N
	Taxidermy shop	P	P
	Theater	P	P
	Theater, drive-in	N	S
	Theater, outdoor	S	S
	Tobacco shop	N	N
	Transit stations	S	P
	Travel services	P	P
	Upholstery shop	P	P
	Veterinary clinic/hospital	S	P
	Winetasting establishment	P	P
Commercial - miscellaneous:
	Adult entertainment business	N	N
	Amusement centers	S	S
	Arts and crafts shows	P	P
	Bar - no live entertainment	S	S
	Bar - with live entertainment	S	S
	Bowling alley	P	P
	Club or lodge	S	S
	Commercial planned unit development	S	S
	Dance hall/night club	S	--
	Event center	S	S
	Parking garage	S	S
	Parking lot	S	S
	Parking lot, stand alone	S	S
	Temporary use	P	P
Industrial - manufacturing:
	Aircraft repair and service	N	N
	Asphalt plant	N	N
	Cement, concrete, or clay manufacturing	N	N
	Chemical storage and manufacturing	N	N
	Factory/assembly plant	N	N
	Industrial park	N	S
	Industrial planned unit development	N	S
	Machine shop	N	N
	Manufacturing, general	N	S
	Monument production	N	N
	Processing, general	N	N
	Recycling operation	N	N
	Rendering plant	N	N
	Sand or gravel yard	N	N
	Slaughterhouse	N	N
	Welding shop	N	S
	Winery/brewery	N	P
	Wood processing plant	N	N
	Woodworking shop	N	S
Industrial - storage:
	Automotive tow yard	N	N
	Automotive wrecking/salvage yard	N	N
	Contractor's shop/storage yard	N	P
	Distribution center	N	N
	Fuel yard/petroleum storage	N	N
	Junkyard	N	N
	Public utility yard	N	S
	Railroad yard/shops	N	S
	Refrigerated storage	N	N
	Sanitary landfill	N	N
	Trucking terminal/yard	N	N
	Warehouse and storage	N	S
Public and semipublic:
	Airport, landing strip	N	N
	Airport terminal	N	N
	Cemetery	N	S
	Church or place of religious worship	P	P
	College and vocational schools	P	P
	Community center	S	S
	Golf course	S	S
	Hangar - airplane, helicopter	N	N
	Helipad	N	N
	Library	S	S
	Museum	S	S
	Park or recreational facility	S	S
	Public administrative office	P	P
	Public facility/building	S	S
	School/educational facility, private	P	P
	School/educational facility, public	P	P
	Wireless communications facility	S	S
	Zoo	S	S

 

(Ord. 2864, 5-16-2011; Ord. 2896, 4-2-2012; Ord. 2911, 9-4-2012; Ord. 2939, 10-21-2013; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3371, 12-6-2021)

10-13-04: SETBACKS:

Zoning building setbacks, maximum building height and lot dimensions shall be as follows:

Description	T-N	H-C
Maximum building height (in feet)	55	65
Front building setback	5	10
Rear building setback	10	0
Interior side building setback	0	0
Street side building setback	5	10
Highway frontage building setback	n/a	40
Minimum interior lot area (in square feet)	0	0
Minimum corner lot area (in square feet)	0	0
Minimum interior lot width	0	0
Minimum corner lot width	0	0
Minimum interior lot frontage	0	0
Minimum corner lot frontage	0	0

 

Except that commercial, public and quasi-public uses shall have 0 setbacks for front, rear, interior side and street side building setbacks (in feet). Public and Quasi-public uses shall have no maximum height limit consistent the P-D zoning district.

(Ord. 2864, 5-16-2011; amd. Ord. 3559, 12-19-2023)

10-13-05: SIGNAGE, FENCING AND LANDSCAPING:

   (1)   Signage regulations shall be those as outlined in section 10-02-06 of this chapter for a C-2 Zoning District.

   (2)   Fencing regulations shall be those as outlined in subsection 10-02-07(4)B of this chapter for commercial, industrial and institutional districts.

   (3)   Landscaping regulations shall be those as outlined in article 7 of this chapter. (Ord. 2864, 5-16-2011)

ARTICLE 14 MULTI-FAMILY DEVELOPMENTS

SECTION:

10-14-01: Internal Circulation Routes For Multi-Family Developments