(1)   Short Title: This article shall be known and may be cited as the OVERLAY ZONING DISTRICTS.

   (2)   Article Purpose:

      A.   The Overlay Zoning Districts are established to provide additional or more restrictive requirements for the specific type of overlay area that are superimposed upon those of the base or underlying zone. Overlay zones address special land use circumstances or environmental safeguards unique to the property or its surroundings.

   (3)   General Provisions; All Zones:

      A.   Applicable Standards and Provisions: Properties within an overlay zone are subject to the requirements and regulations of both the base zone and the overlay zone. Properties located within multiple overlay zones shall comply with the requirements for each overlay zone. Where the standards or provisions of the overlay and base zone are different or in conflict, the more restrictive standards shall apply.

      B.   In some cases, uses vary from the underlying zoning district and the overlay zones. Standards of the overlay shall govern.

      C.   Unless otherwise provided, principal and accessory uses in an overlay district are allowed only to the extent such uses are allowed by the underlying zoning district and any other applicable overlay district and are in conformance with all other application regulations of this chapter. Overlay districts may prohibit land uses that may otherwise be allowed by the underlying zoning district.

   (4)   Overlay Districts and the Zoning Map: All overlay districts shall be delineated as an overlay on the Official Zoning Map of the City of Caldwell. The boundary of the overlay district shall be shown and the short name for the specific overlay zone shall be listed. (Ord. 3669, 4-21-2025)

The Airport Impact Overlay is established to acknowledge the unique land use impacts of airports, to contribute to the safe operation of the airport, to regulate the siting of noise sensitive uses, to ensure that the heights of structures are compatible with airport operations, to protect the possibility of future expansion of the airport and to control and minimize impacts on surrounding activities. It is also the intent of the Airport Impact Overlay to encourage land use patterns appropriate in the vicinity of the airport for public health, safety and welfare. Standards are provided to encourage trade and commerce and thereby maintain economic vitality. (Ord. 3669, 4-21-2025)

This section applies to properties located in the APO-1 Airport Land Use Limitation Zone and/or the APO-2 Airport Noise Abatement Zone that are: 1) within the corporate city limits of Caldwell at the effective date of this article, 2) annexed after the effective date of this article regardless of the zone designation assigned upon such annexation, or 3) within the current impact area of the city of Caldwell provided that this article is made effective in said impact area by the impact area agreement between the city of Caldwell and Canyon County. The specific boundaries of the APO-1 and APO-2 zones are shown on the zoning map and described in appendix A as attached to ordinance 2457, and as may be amended. (Ord. 3669, 4-21-2025)

Definitions shall be in accordance with Section 10-01-10 of this chapter. (Ord. 3669, 4-21-2025)

This section shall apply to all parcels of property lying partially within the Airport Impact Overlay Zone and partially outside the Airport Impact Overlay Zone, as well as parcels lying partially within the APO-1 Zone and partially within the APO-2 Zone. For purposes of this section, the APO-1 Zone shall be considered more restrictive than the APO-2 Zone, and the APO-2 Zone shall be considered more restrictive than areas outside the Airport Impact Overlay Zone.

   (1)   If the portion of the divided parcel in the more restrictive zone is two (2) acres or less, the entire parcel shall be deemed to lie in the less restrictive zone. Provided, however, that parcels touching a less restrictive zone by only a driveway, deeded access for ingress/egress, “shoestring” or other, similar configuration shall be deemed to lie in the more restrictive zone.

   (2)   If the portion of the divided parcel in the more restrictive zone is between two (2) and five (5) acres, the zone in which the majority of the parcel lies shall apply to the whole parcel.

   (3)   If the portion of the divided parcel in the more restrictive zone is five (5) acres or larger, that portion of the parcel must be developed in accordance with the more restrictive zone. (Ord. 3669, 4-21-2025)

   (1)   Location Description and Boundary: The APO-1 Zone is a rectangular area around the airport one mile in length on a line extended from each end of the primary surface and one-half (½) mile in width each direction laterally from the centerline of the primary surface and extended on that basis to include area so measured from any proposed extension of the primary surface as shown in the most current airport master plan adopted by the City Council. The APO-1 Zone is shown on the zoning map.

   (2)   Land Uses: Except as provided herein, any use permitted outright or allowed by special use permit in the underlying zone shall be available under the same terms and conditions in the APO-1 Zone provided such use shall meet the additional limitations and conditions of this article.

   (3)   Noise Sensitive Uses: For purposes of this article, noise sensitive uses are uses that are incompatible with various exposures of noise from aircraft and airport operations. Noise sensitive uses are identified in Section 10-11-02-2 (4) of this chapter.

      A.   Noise sensitive uses are not permitted anywhere in the APO-1 Zone, unless otherwise noted herein.

      B.   Noise sensitive uses in the APO-1 Zone that are in existence at the effective date of this section shall become nonconforming as a result of this section. Nonconforming uses may be continued or rebuilt in accordance with 10-11-02-5 of this section.

      C.   Aeronautical or Airport Supported Operations: Noise sensitive uses that are not in existence at the effective date of this article and are otherwise available in the underlying zone may be allowed by special use permit only where such use is: a) a bona fide aeronautical use, or b) any aeronautically associated use that is necessary or desirable for the safe, efficient, convenient and economical operation of the airport. Applicants have the burden of proving that any noise sensitive use sought by special use permit in the APO-1 Zone pursuant to this subsection supports airport operations, provides services to airport users and protects the public interest and investment in the airport. The requirements for noise sensitive development in the APO-2 Zone shall be required as a minimum for noise sensitive development in the APO-1 Zone.

   (4)   Landscaping:

      A.   Within the APO-1 overlay zone, the minimum tree planting requirements outlined in Section 10-02-09 are not applicable to minimize conflicts with aircraft and airport operations.

      B.   Landscaped areas, including tenant landscaping, shall be a combination of shrubs, ornamental grass and groundcovers.

      C.   Shrubs and/or ornamental grasses shall be clustered in groups of three to five every ten (10) linear feet. Shrubs shall be non-fruit bearing and non-seed bearing.

      D.   Groundcovers shall be provided such that a minimum of thirty (30) percent of the required landscape area is covered in shrubs, ornamental grasses or groundcover, with the remaining covered in decorative rock and boulders.

      E.   Where permissible, undulating berms may be used to help screen noise and give visual interest to the landscape buffer. (Ord. 3669, 4-21-2025)

   (1)   For purposes of this section, noise sensitive uses include the land uses identified in (4) of this section, which are further defined within 10-01-10 of this chapter.

   (2)   Any use listed as a permitted or specially permitted use within the Land Use Tables of this chapter for the underlying zone and not identified in this section is not noise sensitive.

   (3)   Any proposed use that is not set forth in the Land Use Tables of this chapter or this section shall be evaluated and classified by the Director overseeing the planning and zoning operations of the city, or his/her authorized designee.

   (4)   Noise Sensitive Land Uses; principal and accessory:

      Arts, entertainment and recreation facilities (indoor)

      Arts, entertainment and recreation facilities (outdoor)

      Church or places of religious worship*

      Nursing and residential care facility

      Dormitory

      Dwelling - manufactured home

      Dwelling - mobile home

      Dwelling - multifamily; triplex

      Dwelling - multifamily; fourplex.

      Dwelling - multifamily; apartments (small scale).

      Dwelling - multifamily; apartments (large scale).

      Dwelling - single family

      Dwelling - two-family; duplex

      Fraternity / sorority house

      Hospitals

      Lodging - bed and breakfast

      Lodging - hotel*

      Lodging - long-term hotel (extended stay)*

      Lodging - motel*

      Manufactured home community

      Personal services*

      Recreational vehicle park*

      Rooming/boarding house

      Schools (unless the educational facility school/school program is aviation related, which is then allowed).

      Those uses identified above with an asterisk (*) may be allowed within the APO-1 Zone when accompanied with a signed and recorded Avigation Easement Grant to the City by the property owner. The avigation easement shall be the form attached to ordinance 2457 as appendix B, on file in the City as may be amended, and shall be signed by all property owners as a condition of application approval and prior to issuance of applicable building permits, permanent certificates of occupancy, or business permits. (Ord. 3669, 4-21-2025)

   (1)   Location Description and Boundary: The APO-2 Zone is a rectangular area to the northeast of the airport beginning at the northeasterly edge of the APO-1 Zone and extending one-half (½) mile further to the northeast the full length of the APO-1 Zone. The APO-2 Zone is shown on the zoning map.

   (2)   Permitted Uses: Any use permitted outright or allowed by special use permit in the underlying zone shall be available under the same terms and conditions in the APO-2 Zone but is subject to the additional limitations and conditions of this article.

   (3)   Compliance With Guidelines: Building permit applications for new residential construction and/or for residential additions of more than two hundred (200) square feet of enclosed space to existing construction in the APO-2 Zone shall demonstrate that construction methods shall reduce noise exposure inside the improvement by at least thirty (30) decibels from noise measured immediately outside the improvement. Proof of compliance is the responsibility of the developer/applicant.

   (4)   Notification: Rezoning applications, annexation applications, building permit applications for new construction and/or for additions of more than two hundred (200) square feet of enclosed space to existing construction, special use permit applications, and/or subdivision platting applications in the APO-2 Zone shall demonstrate that purchasers or tenants of the improvements or subject property will be notified that the property may be subject to noise exposure, light, vibrations, fumes, exhaust, smoke, air currents, dust, fuel particles, radio, television and other electromagnetic interferences and all other effects as may be inherent to the operation of aircraft for navigation or flight in the air. Measures used to notify purchasers or tenants must include at least a notice on: a) plats and b) deeds or leases.

   (5)   Exemption: Manufactured homes and mobile homes constructed to meet or exceed the industry standard and HUD requirements in effect at the time of manufacture shall be exempt from the requirements of subsection10-11-02-07 (23) of this section. (Ord. 3669, 4-21-2025)

   (1)   Prohibited: No use in any of the zones described in this section shall:

      A.   Create electrical interference with navigation signals or radio communication between the airport and aircraft;

      B.   Make it difficult for pilots to distinguish between airport lights and others;

      C.   Result in glare in the eyes of pilots using the airport;

      D.   Impair visibility in the vicinity of the airport;

      E.   Create bird strike hazards;

      F.   Otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport;

      G.   Potentially cause detriment to the airport operations by emission of fumes, dust, smoke, and/or creation of other negative influences.

   (2)   Requirements Of APO-2 Apply To APO-1: All requirements of the APO-2 zone shall apply with equal force and effect in the APO-1 zone.

   (3)   Requirements Of Underlying Zone: Development in either the APO-1 zone or the APO-2 zone shall meet the requirements of the underlying zoning district in addition to the requirements of this section.

   (4)   Height Limitations: In order to carry out the provisions and purposes of this article, there are hereby established certain height limitations in the vicinity of the airport. The city incorporates herein the object height limits and restrictions established by the federal aviation administration pursuant to title 14 CFR part 77 (hereinafter “part 77") as now in existence or hereafter amended. Part 77 height limits and restrictions shall be imposed relative to the existing primary surface as well as any extended primary surface shown on the airport master plan. Height limitations shall be calculated with the assistance of the contour and elevation map attached to ordinance 2457 as appendix C, as may be amended. (Ord. 3669, 4-21-2025)

Rezoning applications, annexation applications, building permit applications for new construction and/or for additions of more than two hundred (200) square feet of enclosed space to existing construction, special use permit applications, and/or subdivision platting applications in both the APO-1 and APO-2 Zone require grant of an avigation easement to the City. Such form is attached to ordinance 2457 as appendix B, as may be amended, on file in the City and shall be signed by all property owners as a condition of application approval and prior to recordation of applicable rezone or annexation ordinances, issuance of applicable permanent certificates of occupancy or the City Engineer’s signature on a final plat. (Ord. 3669, 4-21-2025)

Nonconforming uses may be continued subject to the regulations found elsewhere in this chapter. Furthermore, in addition to all other rights afforded nonconforming noise sensitive uses in the APO-1 zone, said uses may be rebuilt and continued in the event they are damaged or destroyed by fire or other casualties. However, no building permits shall be issued in connection with any nonconforming use that would allow a greater hazard (for example: more units, brighter lights, higher structures) to airport safety or noise concerns than existed at the time of adoption of this section. (Ord. 3669, 4-21-2025)

Applications for rezoning, annexation, deannexation, subdivision plats, special use permits, planned unit developments, manufactured or mobile home parks or variances on any property lying wholly or partially within the APO-1 or APO-2 zones shall be submitted to the airport commission for comment as part of any action by the Caldwell planning and zoning director, Caldwell planning and zoning commission or city council. (Ord. 3669, 4-21-2025)

   (1)   Appeals: Any person aggrieved, or any taxpayer affected by any decision made by the director or the planning and zoning commission in the application of this article may appeal the decision to the city council pursuant to 10-01-02-1 and 10-03-12 of this code.

   (2)   Enforcement: It is the duty of the community development director to administer and enforce these regulations.

   (3)   Conflicting Regulations: When there is a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

   (4)   Savings Clause: The provisions of this article are declared to be severable. If any portion hereof is found to be invalid, such findings shall not affect the validity of the remaining portions, sentences, clauses and phrases of this article, but the same shall remain in effect, it being the legislative intent that this article shall stand notwithstanding the invalidity of any part.

   (5)   Incorporation Of Appendices and Exhibits: All appendices, exhibits, maps, plans or other documents referred to herein are incorporated herein by this reference. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The purpose and intent of the entertainment overlay districts is to create vibrant, walkable and connected areas that enhance the community by offering a unique blend of larger entertainment, convention, lodging, performance, recreation, education, dining and experiential activities. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The Caldwell Event Center District (EC-1) is established as an overlay zone to ensure that future land uses are in conformance with the vision of the adopted Caldwell Event Center District Subarea / Small Area Plan.

   (2)   Location: The Caldwell Event Center District is located approximately one mile east of Downtown and is generally bounded by the Notus Canal and W. Chicago Street to the northeast, Locust Street and the College of Idaho to the South, N. 21st Avenue to the west, and E. Linden Street to the East. See Map Exhibit 03-1: Caldwell Event Center District Overlay.

(Ord. 3669, 4-21-2025)

   (1)   Purpose: The purpose of the Historic Overlay is to establish local historic areas or historic districts to encourage the restoration, preservation, rehabilitation, and conservation of historically, architecturally, and archaeologically significant areas, structures, buildings, sites, and objects and their surroundings from potentially adverse influences which may cause the decline, decay, or total destruction of important historical, architectural, and archaeological features, which are a part of the City’s heritage, and to review new construction, alterations, and renovation designs to ensure compatibility with the character of the district. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The Steunenberg residential historic district is established as an overlay zone to protect its history, architecture, ecology, and scenic attributes that are threatened by social and economic pressures that manifest through land use changes. This district shall encourage harmony and compatibility in the planning of new buildings and development in keeping with the district’s historic character. All land use actions occurring within this zone are subject to the provisions listed herein and within Chapter 2, Article 17 of this code.

   (2)   The Steunenberg residential historic district designation is a means to recognize the defined area as a community asset that has historical and architectural attributes worthy of protection and preservation. This subsection codifies and promulgates the provisions contained in chapter 2, article 17 of this code, pertaining to the Caldwell historic preservation commission.

   (3)   Governing Structure: The legislature of the state of Idaho (pursuant to chapter 46, title 67, Idaho Code) has declared the engagement in a comprehensive program of historic preservation to be public policy and in the public interest for all levels of government in the state. Chapter 2, Article 17 of this code, provides the governing structure for the creation of historic districts and is applied to the Steunenberg residential historic district as of the date of its creation on August 19, 2002.

   (4)   Location Description: The following is the legal description for the Steunenberg residential historic district boundary: Beginning at the point of intersection of the centerline of S. 12th Ave. and E. Cleveland Blvd; thence northeasterly along said centerline of S. 12th Ave. to a point 160' northeasterly of the centerline of Blaine St; thence southeasterly along a line parallel with and 160' northeasterly of said centerline of Blaine St. to the centerline of S. 20th Ave; thence southwesterly along said centerline of S. 20th Ave. to a point 120' southwesterly of the centerline of Fillmore St; thence northwesterly along a line parallel with and 120' southwesterly of said centerline of Fillmore St. to the centerline of S. 16th Ave; thence northeasterly along said centerline of S. 16th Ave. to a point 160' southwesterly of the centerline of Everett St; thence northwesterly along a line parallel with and 160' southwesterly of said centerline of Everett St. to the centerline of said S. 12th Ave; thence northeasterly along said centerline of 12th Ave. to a point 160' northeasterly of the centerline of Dearborn St; thence southeasterly along a line parallel with and 160' northeasterly of said centerline of Dearborn St. to the centerline of S. 13th Ave; thence northeasterly along said centerline of S. 13th Ave. to the centerline of said E. Cleveland Blvd; thence northwesterly along said centerline of E. Cleveland Blvd. to the point of beginning. See Map Exhibit 04-1: Steunenberg Residential Historic District Overlay.

(Ord. 3669, 4-21-2025)

   (1)   Purpose: The intent of this overlay zone is to promote the preservation and rehabilitation of historic buildings in the downtown core and to provide for new infill construction consistent with the historic character of the district. See Map Exhibit 04-2: Downtown Historic District.

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

   (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.

      B.   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.

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

      D.   Scale:

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

         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.

      E.   Roofs:

         1.   Roofs shall be flat or pitched behind a parapet wall.

         2.   Roof replacement materials should replicate the historical materials.

         3.   Roof color shall not detract from the building.

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

      F.   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 shall 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 is prohibited.

      G.   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.

      H.   Colors:

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

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

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

      I.   External Lighting:

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

         2.   External light fixtures shall 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 shall be prohibited.

      J.   Mechanical Systems:

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

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

      K.   Signs:

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

         2.   Signs shall 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 shall be integrated within the facade of the building.

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

         5.   Projecting signs, blade signs, hanging signs and suspended signs are encouraged.

         6.   Signs appearing above the first-floor level should be limited to a single line of content.

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

         8.   Anodized or unfinished aluminum framing around signs shall be prohibited.

         9.   Digital signs, reader boards and signs with moving parts are prohibited.

      L.   Awnings:

         1.   The shape, color and location of the awning shall 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 shall 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 shall be prohibited.

(Ord. 3669, 4-21-2025)

   (1)   Description: In 1979, the North Caldwell Historic District was placed on the National Register of Historic Places. The district is two square blocks in size and is the only historic district in Caldwell on the north side of the railroad.

   (2)   Applicability: The North Caldwell Historic District is located in the Original Townsite of Caldwell along Ninth Avenue between Albany and Belmont Streets. See Map Exhibit 04-3: North Caldwell Historic District.

(Ord. 3669, 4-21-2025)

   (1)   Purpose: The purpose of the scenic overlay districts is to preserve and enhance the natural value of important scenic and visual resources identified by the community and to assure exclusion of incompatible uses.

   (2)   Design Review: All uses permitted in the base district are subject to design review approval and will be evaluated against the site design and development standards specified for each base zoning district, overlay zone and this chapter. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The Indian Creek Corridor zone is established as an overlay to protect the land in proximity Indian Creek.

   (2)   Location and Description: The corridor extends a distance of one hundred fifty feet (150') on each side of the creek as measured from the banks’ high-water mark. Any portion of a piece of property that exists within the one hundred fifty feet (150') from the banks’ high-water mark classifies the entire piece of property as existing completely within the Indian Creek corridor and thus having to comply with all rules relating to development within the Indian Creek corridor.

   (3)   General Requirements and Applicability:

      A.   All land, buildings and structures within the Indian Creek Corridor Overlay lying in the boundary of the Indian Creek Corridor Overlay as indicated in section 10-11-05-1 (2) and depicted on Max Exhibit 05-1, shall comply with the section.

      B.   All buildings erected along or adjacent to Indian Creek shall comply with section 12-01-19 of this code.

      C.   Pathways: Pathways are required along Indian Creek and shall be in compliance with section 10-02-09-7(6) of this chapter.

      D.   Preservation of riparian, wetland and wildlife areas and appropriate mitigation plans shall be approved by all jurisdictional agencies.

      E.   Placement of Structures: No structures shall be placed along the banks in such a fashion as to cover the water bodies. No permanent structures, support systems or impediments shall be placed on the banks of Indian Creek below their high-water marks as has been determined by controlling agencies. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The purpose of the Downtown Districts 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 downtown zoning districts).

      B.   The exception is that all new construction, additions, or alteration of properties within a designated local historic district contained within the downtown zones shall instead be subject to provisions set forth in section 10-11-04-2 of this article.

   (3)   Guiding Principles:

      A.   Relationship of new and existing development.

      B.   Create a visually interesting and inviting environment.

      C.   Strengthen the pedestrian environment.

      D.   Sustainable design.

      E.   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.

   (4)   Performance Standards:

      A.   Relationship with New and Existing Development:

         1.   Buildings shall 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 10-08-09 of this chapter.

      B.   Creating A Visually Interesting and Inviting Environment:

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

         2.   Both interior and exterior spaces shall 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 shall 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, terraces, or other private open space shall be designed into the street sides of residential buildings to create opportunities for neighborhood interaction.

         5.   Side and rear facades of buildings shall 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.

      C.   Strengthening The Pedestrian Environment:

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

         2.   Pedestrian activity at the ground level shall include 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 shall be incorporated into the design.

         3.   Buildings over three (3) stories in height shall be designed to reduce the visual impact of taller building elements as viewed from the streets through façade step backs or other architectural modulation.

      D.   Sustainable Design:

         1.   Sustainable, energy efficient and non-toxic materials shall 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 shall minimize the impact of shadows on neighboring buildings and spaces.

         4.   Energy-efficient lighting shall 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 shall 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.

      E.   Quality Development: All standards as set forth below shall apply to development within the Indian Creek corridor as it flows through the downtown districts.

         1.   Address The Special Opportunity of Indian Creek:

            (A)   Building facades facing Indian Creek shall be open to the creek environment with windows and doors, and where applicable to outside dining areas.

            (B)   Properties adjacent to Indian Creek shall provide linkages for pedestrian and bicycle access along Indian Creek and the Boise River.

            (C)   Visual and safe physical access to the creek shall be provided.

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

         2.   Create A Distinctive Skyline:

            (A)   Multi-story buildings are encouraged.

            (B)   A minimum of two (2) stories is required for all newly constructed buildings.

            (C)   Create roof profiles on taller buildings to provide a nonuniform skyline.

            (D)   The use of upper floor setbacks is required.

            (E)   Sloping roofs are encouraged.

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

         3.   Minimize The Appearance of Unattractive Elements:

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

            (B)   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 shall be of similar materials and form as the building itself.

         4.   Create Linkages and Passages:

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

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

            (C)   Connections between major attractors shall be strengthened in order to create an easily walkable atmosphere.

            (D)   Public spaces, courtyards and plazas shall 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. 3669, 4-21-2025)

   (1)   Applicability: This section establishes that certain roadways within the City limits shall be considered key gateways and key and properties fronting such roadways shall be subject to special site, landscaping and design standards. (Ord. 3669, 4-21-2025)

   (1)   Purpose; Key Corridors: Caldwell’s key corridors connect people and help them move through the city but also serve as a distinct place that is high profile. They utilize streetscape elements with distinct landscaping, signage, or similar placemaking elements to create a sense of place as one moves along the corridor.

   (2)   Location: Key corridors within Caldwell are as follows (See Map Exhibit 05-2.1):

      A.   Cleveland Boulevard / Blaine Street

      B.   Franklin Road (Highway 20/26)

      C.   Karcher Road (Highway 55)

      D.   Ustick Road

      E.   Simplot Boulevard (Highway 19)

      F.   10th Avenue

      G.   Farmway Road

      H.   Middleton Road

      I.   Interstate 84

      J.   Caldwell Boulevard

      K.   21st Avenue

   (3)   Design: Design of sites and buildings shall include, where applicable:

      A.   Commercial and mixed use along street frontages;

      B.   Concealed surface parking;

      C.   Transitional density to residential areas;

      D.   Transit stops;

      E.   Protected bike lanes;

      F.   Consistent streetscapes with distinct landscaping;

      G.   Attractive signage and similar placemaking elements;

      H.   Streets with public space for all users, with an emphasis on safe street crossings and intersections,

      I.   Uses with appropriate densities and uses that enhance street activation, particularly near area hubs and planned or existing transit services; and

      J.   Consistent architecture motifs and building locations that form a sense of place and uniform urban edge.

   (4)   Design Concept Illustration:

(Ord. 3669, 4-21-2025)

   (1)   Purpose; Key Gateways: Caldwell’s key gateways serve as a distinct marker than you are entering the city, a special purpose district or neighborhood, a cultural district, downtown or other destination. Caldwell’s gateways offer visitors a positive first impression, and welcome residents home. Gateways are important components of urban design as they create discernible markers of neighborhood distinction and can echo details of community identity.

   (2)   Location: Key gateway locations within Caldwell are as follows:

      A.   10th Avenue at I-84

      B.   Blaine at 12th Avenue

      C.   Centennial Way at I-84

      D.   21st Avenue / Highway 20/26 at I-84

      E.   Karcher Road at Midway Road

      F.   Cleveland Boulevard at Homedale Road

      G.   Cleveland Boulevard at Simplot

      H.   Middleton at Lincoln

      I.   Highway 20/26 at Madison Road

      J.   Simplot Boulevard at Farmway Road

      K.   Ustick at I-4

   (5)   Design: Design of sites and buildings shall incorporate the following:

      A.   Enhanced corner bulb outs and enhanced landscaping, signage and placemaking elements;

      B.   Streets with space for all users, with an emphasis on safe street crossings and intersections;

      C.   Monuments or prominently featured public art;

      D.   A change in street tree patterns and landscape palettes;

      E.   Enhanced and distinct lighting;

      F.   Distinctive architecture and building design; and

      G.   Enhanced transit stops and street furniture (where feasible and applicable). (Ord. 3669, 4-21-2025)

   (1)   Location: The corridor extends outward a distance of one hundred fifty feet (150') from the bank’s high-water mark.

   (2)   General Requirements and Applicability:

      A.   All land, buildings and structures within the boundary of the Boise River Corridor Overlay as indicated in section 10-11-05-3 (2) shall comply with the section.

      B.   Pathways: Pathways are required along the Boise River and shall be in compliance with section 10-02-09-7(6) of this chapter.

      C.   Preservation of riparian, wetland and wildlife areas and appropriate mitigation plans shall be approved by all jurisdictional agencies.

      D.   Placement of Structures: No structures shall be placed along the banks in such a fashion as to cover the water bodies. No permanent structures, support systems or impediments shall be placed on the banks of the Boise River below their high-water marks as has been determined by controlling agencies. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The purpose of these overlay districts is to identify and protect environmentally sensitive lands in the city and to promote public health and safety by managing development on these lands. This includes maintaining natural spaces, providing a safe environment for residents, controlling development of hazardous areas, keeping surface water clean, preserving and protecting habitats, and preserving and protecting wetlands and native vegetation. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The purpose of the FP-1 Floodplain Overlay District is to conserve the natural state of watercourses and watershed. The Zone indicates locations near waterways where floodplains have been identified by the Federal Emergency Management Agency (FEMA). Due to the high flood potential in these areas, requirements have been created for the protection of public health and safety and to reduce the burdens imposed on the community. Other sections of this code may refer to the floodplain overlay zone as F (floodplain) overlay zone. For the purposes of this code, they are one in the same.

   (2)   Location: The boundaries of the FP-1 Floodplain overlay zone shall be the special flood hazard areas designated as zones A and AE by the federal emergency management agency in its flood insurance study (FIS) for Canyon County, Idaho, and incorporated areas, dated May 24, 2011, with accompanying flood insurance rate maps (FIRM) or digital flood insurance rate maps (DFIRM), and other supporting data, adopted by reference in subsection 12-15-05(2) of this code. (Ord. 2875, 5-16-2011, eff. 5-24-2011)

   (3)   Applicability: These provisions apply to all privately and publicly owned lands within the jurisdiction of the City of Caldwell and identified as being within the FP-1 Floodplain Overlay District.

   (4)   Definitions: See Chapter 12, Article 15 for definitions.

   (5)   Floodplain Development Permit: A floodplain development permit shall be required prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of section 12-15-07(3) of this code.

   (6)   Flood Damage Prevention Regulations Applicable: When uses are authorized under the procedures provided for this chapter, all of the conditions of Chapter 12, Article 15 of this code will also apply to the uses permitted in a FP-1 overlay zone.

   (7)   Prohibition Of Structures: Other than the placement or construction of public infrastructure, such as bridges or utilities, no primary, accessory and temporary structures or buildings shall be placed or constructed in any area identified as a floodway by the federal emergency management agency in its flood insurance study (FIS) for Canyon County, Idaho, and incorporated areas, dated May 24, 2011, with accompanying flood insurance rate maps (FIRM) or digital flood insurance rate maps (DFIRM), and other supporting data, adopted by reference in subsection 12-15-05(2) of this code.

   (8)   Nonliability Clause: The granting of approval of any structure or use in the F overlay zone shall not constitute a representation, guarantee or warranty of any kind or nature by the city or by any officer or employee thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.

   (9)   Restrictions: Restrictions regarding height, rear yards, side yards, front yard setbacks, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific zone with which the FP-1 overlay zone is combined. (Ord. 3669, 4-21-2025)

   (1)   Purpose: The purpose of the special development and urban design overlay districts is to establish regulations for site and building design and development standards specific to the character of the zone and to prohibit and/or limit certain types of land use within the zones.

   (2)   Overlay Zones Established: The following overlay zones have been established:

      A.   UD-1: Downtown Urban Design Overlay Zone

      B.   UD-2: River District Urban Design Overlay Zone

      C.   UD-3: Neighborhood Character Urban Design Overlay Zone

   (3)   Uses Prohibited (UD-1, UD-2 and UD-3 Zones):

      A.   Land uses shall be in accordance with the land use schedules within each chapter and article for each base zoning district, except that regardless, if a use is permitted or specially permitted in the base zone, the following uses are prohibited in the UD-1, UD-2 and UD-3 Overlay Zones.

      B.   No use as specified within Table 10-11-07 shall be permitted in the UD-1, UD-2 or UD-3 Overlay Zones.

      C.   Any use prohibited by this section which is designated through the appropriate process as a legal non-conforming use, may continue to operate as a nonconforming use but shall be prohibited from expanding the use.

 

(Ord. 3669, 4-21-2025)

   (1)   Zone Boundary: This zone encompasses the area as shown in Map Exhibit 07-1: Downtown Urban Design Overlay Boundary.

   (2)   Land Uses; Prohibited: The land uses specified in Table 10-11-07 of this chapter are prohibited on properties within the Downtown Urban Design (UD-1) Overlay Zone, regardless of the zoning district.

   (3)   Design Standards: Properties within the Downtown Urban Design (UD-1) Overlay Zone are subject to the design standards specified in Section 10-08-08 and 10-08-09 of this chapter, regardless of the zoning district.

   (4)   Design Review: Design review is required for all properties within the UD-1 overlay.

(Ord. 3669, 4-21-2025)

   (1)   Zone Boundary: This zone encompasses the area as shown in Map Exhibit 07-2: River District Urban Design Overlay Boundary.

   (2)   Land Uses; Prohibited: The land uses specified in Table 10-11-07 of this chapter are prohibited on properties within the River District Urban Design (UD-2) Overlay Zone, regardless of the zoning district.

(Ord. 3669, 4-21-2025)

   (1)   Zone Boundary: This zone encompasses the area as shown in Map Exhibit 07-3: Neighborhood Character Urban Design Overlay Boundary.

   (2)   Land Uses; Prohibited: The land uses specified in Table 10-11-07 of this chapter are prohibited on properties within the Neighborhood Character Urban Design (UD-3) Overlay Zone, regardless of the zoning district.

(Ord. 3669, 4-21-2025)