This article provides specific provisions for uses as set forth in the applicable zoning district in accord with the land use schedule for each district. (Ord. 3670, 4-21-2025)

These regulations shall apply to any use listed herein regardless of zoning district or as specified in each section. It shall be unlawful and a violation of this title for any person to use, construct, locate, initiate, alter, or maintain any structure, land or real property, or cause any structure, land, or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits, or fails to conform to any procedure, standard or requirement set forth in this article. (Ord. 3670, 4-21-2025)

These standards are in addition to the requirements outlined in various articles of Chapter 10, “Zoning Regulations.” (Ord. 3670, 4-21-2025)

   (1)   Purpose: To establish basic standard and regulations regarding accessory buildings, structures, and uses, including Accessory Dwelling Units, to ensure compatibility with the principal use and surrounding properties.

   (2)   Standards for Accessory Structures/Buildings: Except as otherwise regulated herein, an accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:

      A.   Regardless of zoning district, setbacks and separation distances for primary and accessory buildings and structures shall comply with all applicable city building codes.

      B.   No accessory building, structure, or use (signs are not considered an accessory building, structure or use for purposes of this chapter) may be placed, built or constructed such that any portion of the building, structure, or use is on, in, or over any portion of any easement (recorded or nonrecorded) or easement area or existing or future public right of way or right of way area, including, but not limited to, foundations, footings, eaves, cornices, canopies, and/or any other encroachment or projection. This shall apply regardless of setback requirements and regardless of the size of the building or structure, except in certain instances where the applicable utility provider and/or the city has granted permission for such placement. While the city generally prohibits the placement of buildings and structures, etc., in easements and public rights of way areas, any buildings and structures, etc., that are placed in an existing or future public right of way, public right of way area, easement or easement area, whether intentionally or accidentally, shall be subject to the following conditions:

         1.   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;

         2.   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. Furthermore, city or utility shall not be responsible for any damage caused to structure during the process of removal;

         3.   Property owner shall sign and have notarized a statement, as prepared by the city, acknowledging the above items.

      C.   Setbacks: The following requirements are applicable to all accessory structures associated with a principal residential use utilized for residential purposes regardless of the zoning district in which the structure is constructed/placed and to all accessory structures within the C-1, C-2, C-3, C-4, T-N, and H-C districts unless additional or other regulations are stated within this chapter (Chapter 10):

         1.   A detached accessory building or structure accessory to a single-family or two-family dwelling (duplex) that is less than two hundred (200) square feet in size shall have a minimum three feet (3') setback requirement and shall also comply with subsection (2)B of this section.

         2.   A detached accessory building or structure accessory to all three-family or more residential structures and all nonresidential structures that are less than one hundred and twenty (120) square feet in size is not subject to the international building code and shall have a minimum three feet (3') setback requirement and shall also comply with subsection (2)B of this section.

         3.   A detached accessory building, structure or use two hundred (200) square feet or greater, or 120 square feet or greater for three-family dwellings and nonresidential principal uses, but under six hundred (600) square feet, shall have a minimum setback of five feet (5') from any interior side or rear lot line and shall also comply with subsection (2)B of this section.

         4.   Accessory buildings and structures exceeding an area of six hundred (600) square feet are only permitted in the rear “yard” and shall comply with all required setbacks as outlined in the applicable dimensional standards table for the subject zoning district and shall also comply with subsection (2)B of this section.

         5.   When on a corner lot, a detached accessory building or structure shall be no nearer to a side lot line adjoining a street than the applicable street-side setback required in the dimensional standards table of the underlying zoning district and shall also comply with subsection (2)B of this section.

         6.   Accessory dwelling units shall comply with all international building and fire codes, but in no case shall such building and/or structure have a setback less than three feet (3') from any interior or rear lot line. When on a corner lot, a detached accessory dwelling unit shall be no nearer to a side lot line adjoining a street than the applicable street-side setback required in the dimensional standards table of the underlying zoning district and shall comply with subsection (2)B of this section.

         7.   Storage sheds in non-residential zones shall comply with the Outdoor Storage (Accessory) specific use provisions outlined in section 10-12-03.

      D.   A detached accessory building, structure, or use shall not exceed twenty-two feet (22') in height in the R-1, R-2 and R-3 districts and shall not exceed thirty-three feet (33') in height in the RS-1 and RS-2 districts. Accessory Dwelling Units shall comply with height restrictions outlined in the height, setback, and area schedule of this Chapter (Chapter 10).

      E.   The height of detached accessory buildings or structures in commercial, industrial, and special purpose zoning districts shall not exceed the maximum building height allowed in the applicable zoning district and as permitted by the City’s adopted building and fire codes.

      F.   Trailers, or other portable/temporary buildings or structures shall adhere to all Temporary Use Standards outlined in 10-12-03.

      G.   In residential zones, the square footage of an accessory structure shall not be greater than that of the principal residence, unless approved through a Special Use Permit.

      H.   When a building permit for the principal structure is issued at the same time as the accessory structure, the certificate of occupancy for the accessory structure shall not be issued prior to the principal structure receiving a certificate of occupancy.

   (3)    Accessory Use Standards: Except as otherwise regulated herein, all accessory uses (those not deemed the principal use of a property/parcel) shall conform with the following general standards:

      A.   Unless a different setback is required/noted below or in separate sections of this code (Chapter 10), all accessory uses shall maintain a minimum setback from all property lines of ten (10) feet in all residential zones and a minimum of five (5) feet in all nonresidential or mixed-use zones.

      B.   To be an accessory use, said use shall be subordinate to the principal use in all aspects (size, location, etc.).

      C.   Swimming pools, in all zoning districts, shall be set back ten feet (10') from all property lines. Barriers shall be provided and regulated under the adopted building codes regulation swimming pools and spas. (see definition of “swimming pool” in 10-01-10 of this chapter).

      D.   Clubhouses, fitness centers, and the like are permitted as accessory uses in a residential district when they are part of a residential subdivision or planned unit development and are located on a platted common lot to be owned, operated, and maintained by a homeowners’ association. All setbacks and height restrictions of the underlying residential zoning district shall be followed.

      E.   Under no circumstances shall any detached accessory uses, structures, or buildings (as listed in this section) be permanently used as a dwelling in any shape, form or fashion, except other for an Accessory Dwelling Unit as noted herein. This requirement also applies to camping trailers, tents, recreational vehicles and similar unless the following circumstances are present:

         1.   Such structures are located in a bona fide campground site or recreational vehicle park and must then adhere to the requirements for a campground site or recreational vehicle park;

         2.   The camping trailers, tents, recreational vehicles and similar are being utilized temporarily (“temporarily” for purposes of this requirement shall mean no more than 14 days within a 6-month time period) for visitors or guests of the property owner and must be parked or placed on private property outside of any right-of-way; or

         3.   The property owner is in the process of constructing the primary dwelling and is utilizing a recreational vehicle or similar as a dwelling on the subject property until occupation of the primary dwelling is possible, in which case such temporary use may be granted by Planning and Zoning for a period not to exceed one year.

      F.   Accessory uses, buildings and/or structures shall immediately be removed by the applicant if it is determined by the Director that any standard or requirement of the accessory uses, buildings and structures ordinance or any other City laws, ordinances or statutes are being violated. Prior to any removal, the applicant shall be afforded an opportunity for a hearing before the Council; said hearing must be requested within seven (7) days of receipt of a notice of order to remove an accessory use, building and/or structure. Failure to request such a hearing will result in the applicant immediately removing the accessory use, building, and/or structure.

      G.   BMX and dirt bike tracks, whether recreational or commercial in nature, are not permitted as an accessory use in any residential or mixed-use zoning district unless permitted or specially permitted within the applicable land use schedule under “Arts, Entertainment and Recreation - Outdoor”.

      H.   Ponds and other water features shall be set back forty feet (40') from a public right-of-way and twenty feet (20') from a side or rear property line.

   (4)   Accessory Dwelling Unit (ADU) Standards:

      A.   An ADU shall include its own independent living facilities with provisions for sleeping, cooking, and sanitation.

      B.   ADUs may be attached or detached to the principal residential structure.

      C.   No more than one ADU shall be located on an individual parcel.

      D.   The ADU shall be limited to a maximum of nine hundred (900) square feet or no more than seventy-five (75) percent of the principal residence, whichever is less, and no more than two bedrooms (excluding garages and other uninhabitable space).

      E.   The ADU shall have a separate exterior entrance from the principal residence and/or an entrance to an internal common area accessible to the outside; no internal access is permitted.

      F.   The ADU shall be consistent in design with the principal residence, including siding, color, materials, and windows.

      G.   Manufactured homes and other modular-type construction are prohibited for use as an ADU unless they are placed on a permanent foundation and comply with all building code requirements for a permanent dwelling; mobile homes are prohibited for use as an ADU.

      H.   Recreational Vehicles are prohibited for use as an ADU.

      I.   The ADU shall not be subdivided from the main parcel on which it is located.

      J.   The ADU shall meet the setback requirements for accessory structures as set forth in subsection (2)C of this section except when attached to the principal residence where the applicable zoning district setbacks shall be enforced.

      K.   ADUs that are attached to the principal residence do not need to comply with the table in subsection (5) below.

      L.   ADUs shall be permitted within the Steunenberg Residential Historic District per the standards and regulations contained herein and as set forth:

         1.   ADUs shall adhere to all regulations as set forth in Chapter 2 of Caldwell City Code including obtaining a Certificate of Appropriateness by the Historic Preservation Commission prior to building permit submittal.

         2.   Only detached ADUs may be permitted; conversion of a detached garage to an ADU may be permitted so long as all required off-street parking is still maintained in compliance with 10-02-05 of this code and all other historic district design requirements of the existing structure are maintained.

         3.   ADUs shall comply with the Steunenberg Residential Historic District design guidelines and shall maintain consistency of design with the existing residential structure, as outlined in 2-17-11 of Caldwell City Code.

         4.   All other zoning requirements shall be maintained for the underlying zoning designation.

   (5)   The following table (applicable only to RS-1, RS-2, R-1, R-2, and R-3 Districts and to residential dwellings in D-CC, D-CB, T-N, H-C, C-D and H-D Districts) shows where accessory buildings, structures, and uses are permitted, with respect to the location of the principal structure, as follows (except that sheds and storage buildings for garden equipment and household items may be located on a side yard adjoining a street in instances where a parcel or lot has no available interior side yard or rear yard area and where the property is not located within the Steunenberg Residential Historic District).

 

(Ord. 3670, 4-21-2025)

   (1)   In recognition of Idaho Code, the following distance separations shall be required:

      A.   No adult bookstore, adult novelty store, adult video store, adult motel, adult motion picture theater, or adult theater or cabaret shall be allowed within one thousand (1,000) feet of the following:

         1.   An existing adult entertainment business;

         2.   A church or place of worship;

         3.   Any education facility, school bus stop, or youth organization; and

         4.   Any residential district boundary.

      B.   A site plan shall be submitted with the Special Use Permit application showing compliance with these separate requirements.

   (2)   Signs:

      A.   All adult businesses shall comply with the Sign regulations of 10-02-06 of this Chapter. Further, signs for adult business establishments shall not contain any emphasis, either by movement, picture, or otherwise, on matter relating to adult entertainment as herein defined or defined elsewhere in this chapter.

      B.   Any adult business, as defined in Section 10-01-10, shall have in place at each entrance to such business a legible door “sign” (as defined herein) stating “Persons under 18 years of age not permitted”. The sign shall be no less than one-half (0.5) square foot and no greater than one (1) square foot in area. An example of the required sign shall be depicted on a plan sheet with the Special Use Permit, building permit application, or with the business license application. (Ord. 3670, 4-21-2025)

   (1)   Animal locations, structures, pens, corrals and/or any other premises, enclosure or structure used for the keeping and maintaining of animals, livestock, pets, and/or companion animals must be kept in a clean and sanitary condition, free from obnoxious odors and substances.

   (2)   All persons who keep or maintain any animals, livestock, pets, and/or companion animals shall keep them confined at all times to the subject property in enclosures strong enough to prevent the said animals from entering the premises or property of another, including sidewalks, streets and alleys unless accompanied by the animal owner and unless the animal is contained on/with a leash or similar.

   (3)   It shall be unlawful for any person keeping or maintaining any animals, livestock, pets, and/or companion animals to allow the same to create a disturbance to the residents in the particular locality by creating any noise, odor or damage to the adjacent property, and the keeping and maintaining of said animals shall not interfere with the peaceful and quiet enjoyment of such property by such adjacent owners or residents.

   (4)   It shall be unlawful for animal/livestock/pets/companion animal owners to fail to exercise proper care and control of their animals/livestock/pets/companion animals to prevent them from becoming a public nuisance.

   (5)   All persons shall be guilty of allowing animals/livestock/pets/companion animals to become a nuisance when they:

      A.   Consistently emit excessive and continuous noise;

      B.   Harass passersby and/or chase vehicles;

      C.   Habitually attack other animals/livestock/pets/companion animals;

      D.   Trespass upon public or private property; or

      E.   When owners allow excessive accumulation of animal feces and/or related odor in such a manner as to affect the health and quiet enjoyment of another person.

   (6)   Livestock:

      A.   Commercial Livestock Use: The raising of livestock for the specific purpose of selling the livestock or livestock products (such as milk, meat, eggs, etc.) represents commercial livestock use. Such use requires compliance with the base standards in this section, approval of a special use permit and compliance with all conditions placed upon the approved special use permit. The raising of animals for youth development activities involving 4-H or Future Farmers Of America (FFA) and the sale of such animals shall not be considered a commercial use.

      B.   Number Of Livestock Allowed:

         1.   A minimum lot size of one-half (1/2) acre is required to qualify for the keeping of livestock within the city of Caldwell.

         2.   Property owners are allowed the following maximum number of animals per one-half (1/2) acre:

 

      Note: The number of animals allowed per one-half (1/2) acre is based upon the size and characteristics of the animal. The planning and zoning department shall determine the equivalent number of animals allowed for animals not listed in the above table, including miniature forms of large animals, and shall take into consideration the purpose of this section and the impacts to adjacent properties.

      In instances where a mixed livestock density is desired, the number of types of animals desired shall be divided into the maximum number allowed. For example, an individual who has one-half (1/2) acre of land wants to have sheep, goats, swine and ducks which are four (4) different types of animals. The maximum number of sheep allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of goats allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of swine allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of ducks allowed is twelve (12). Twelve (12) divided by four (4) equals three (3). Therefore, the individual could have, as livestock, a combined total of one sheep, one goat, one swine and three (3) ducks on one-half (1/2) acre of land.

      C.   Standards for Livestock:

         1.   Livestock shall be kept and maintained within enclosures which may include fences, corrals, barns, pens, etc., or some other structure that will ensure the livestock cannot ever leave the premises of its own volition.

         2.   Livestock enclosures, regardless of square footage, must meet the setback requirements of the zoning district within which they are located. Livestock enclosures at residential dwellings located in commercial or industrial districts shall meet the setback requirements for the R-3 (high density residential) zoning district. Livestock enclosures in commercial and industrial sites that are not residential in use shall also meet the setback requirements for the R-3 (high density residential) zoning district.

         3.   All fencing shall meet the requirements of the fence ordinance for the zone in which they are located.

         4.   The maximum number of livestock allowed is listed in the table above. Maximum animal density does not include offspring born on the property until said offspring are nine (9) months of age.

         5.   Property owners keeping livestock in accordance with the above standards must maintain such animals in a manner that does not cause adverse impact to neighboring properties. Potential negative impacts on adjacent properties include odors, noise, drainage, erosion, and flies. Individuals who keep livestock are responsible for the regular removal and disposal of animal waste, and control of insects, erosion, and odor. Nondomesticated animals such as raccoons must be kept in fully enclosed structures and shall comply with all state and federal licensing requirements in addition to the provisions of this section. Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.

      D.   Exceptions to minimum lot size:

         1.   Animals classified as livestock within this section may be kept on less than one-half (1/2) acre for educational purposes, such as 4-H or FFA if the performance standards listed above are complied with. The specified maximum animal density allowed for one-half (1/2) acre shall not be exceeded for such educational uses.

         2.   Animals defined as pets or kept as companion animals may be kept in the numbers prescribed below regardless of the size of the parcel if the performance standards listed in this section are complied with and no individual household shall have any more than three (3) different types of pets:

 

      Note: Example - One (1) household could have five (5) cats, ten (10) chickens and one goat as pets. To exceed these numbers and/or have any more different types, a lot or parcel must be a minimum one-half (1/2) acre in size and/or the individual must obtain special use permit approval.

   (7)   Animals Prohibited:

      A.   It shall be unlawful for any person to harbor, keep, maintain or possess within the city any of the following animals:

         1.   Mammals:

            All marine mammals.

            All marsupials except Virginia opossum, sugar gliders, and bettongs.

            All members of the family Canidae (dog family), including, but not limited to, wolves, foxes, jackals and coyotes, except domesticated dogs.

            All members of the family Felidae (cat family) except domestic cats.

            All members of the family Huyaenidae, including, but not limited to, hyenas and aardwolves.

            All members of the family Mustelidae except domestic ferrets (Mustela putorious).

            All members of the family Procyonidae, except the raccoon native to Idaho (Procyon lotor).

            All members of the order Insectivora except hedgehogs.

            All nonhuman primates.

            All rodents except domestic rats, mice, guinea pigs, hamsters, gerbils, and squirrels not otherwise restricted by federal law.

         2.   Reptiles:

            Aldabra or Galapagos tortoises.

            All members of the order Crocodilia.

            Anacondas.

            Elapids (family of venomous snakes), including, but not limited to, coral snakes.

            Komodo dragons.

            Sea turtles of any kind.

            Tuataras.

            Viperids (family of venomous snakes), including, but not limited to, rattlesnakes, cottonmouths, and copperheads.

            Wild caught Gila monsters and beaded lizards.

         3.   Insects - All insects listed as agricultural pests by the USDA and Idaho department of agriculture.

      B.   All animals listed as threatened or endangered on either a state or federal level and all illegally imported animals shall be prohibited in the same manner as those listed above.

      C.   The provisions of subsections A and B of this section shall not apply to the keeping of such animals by any bona fide licensed veterinary hospital for treatment, bona fide educational or medical institutions, museums, bona fide zoos, or by rehabilitators, breeders, or exhibitors who are properly licensed or permitted by the city, the Idaho department of agriculture, the U.S. fish and wildlife service, or U.S. department of agriculture. (Ord. 3670, 4-21-2025)

   (1)   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.

   (2)   Adverse effects such as noise, odor, vibrations, and light which unduly interfere with abutting properties shall be mitigated through setbacks, buffers, sound attenuation, and/or hours of operation.

      A.   Compliance with this may be accomplished by adhering to the land use buffer standards outlined in 10-02-09-6 and/or the screening standards of 10-02-09 in the landscaping code section.

      B.   Compliance shall be depicted on the site plan and/or landscape plan with the Special Use Permit (if one is required) or with the Administrative Development Review application, if no Special Use Permit is required. (Ord. 3670, 4-21-2025)

   (1)   General Standards:

      A.   All outdoor recreation areas and structures not fully enclosed by a sight obscuring fence (minimum 6 feet in height and neutral in color or matching the principal structure) and/or landscaping shall maintain a minimum setback of one hundred (100) feet from any abutting residential district or use. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard.

      B.   Hours of Operation: No outdoor event or activity center shall be located within fifty (50) feet of any residential use and shall operate only between the hours of 7:00 a.m. and 11:00 p.m., unless otherwise permitted in accordance with Section 07-13-03 of Caldwell city code. Except that any outdoor live music, speaker system and entertainment associated with the use shall be located a minimum of one hundred (100) feet from all residential districts. No outdoor speaker systems shall be allowed within a residential district.

      Modification of this standard may be requested through the special use permit process.

      C.   Accessory Uses: Accessory uses including, but not limited to, retail sales, equipment rental, restaurant, and alcohol sales, may be allowed if designed to serve patrons of the site only. Except in the City Center zoning district, the accessory uses may be designed to serve patrons of the Indian Creek Corridor. Alcohol sales will require the appropriate licensing in accordance with Chapter 6, Article 7 of this code.

      D.   Outdoor Lighting: Outdoor lighting, including lights for sports fields, shall follow all regulations as outlined in 10-04-10 of this chapter.

      E.   Stages and Speakers: Stages and speakers shall be positioned in a manner as to project away from any residential neighborhoods

      F.   Parking Plan: A parking plan shall be submitted with the associated application or building permit 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, transit, etc.) shall be developed.

      G.   Noise:

         1.   Noise originating from the site shall be buffered to the maximum extent possible and be minimized to serve the needs of the facility while limiting impacts to adjacent parcels.

         2.   Any outdoor live music, speaker system and entertainment associated with the use shall not operate in excess of 85 decibels between 7:00 a.m. and 11:00 p.m., as measured at the property line of the business.

            (A)   Except, any outdoor live music, speaker system and entertainment associated with the use shall not operate in excess of 70 decibels between 7:00 a.m. and 11:00 p.m., as measured at the property line of the business when surrounded on all sides by residential.

         3.   A noise study may be required to determine the decibel levels for any sound equipment or music proposed to be utilized outdoors.

         4.   At the discretion of the Director, a noise-attenuating barrier may be required to attenuate noise from an outdoor event. (Ord. 3670, 4-21-2025)

   (1)   Applicability: Uses that accommodate one hundred (100) persons or more during specific periods, including, but not limited to: auctions; church or place of religious worship; civic, social, or fraternal organizations; conference centers; educational services; event centers; and public/quasi-public uses.

   (2)   Standard: A parking plan shall be submitted with the associated application or building permit 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, transit, etc.) shall be developed. (Ord. 3670, 4-21-2025)

   (1)   A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the following standards shall be demonstrated on the site plan:

      A.   Stacking lanes shall have sufficient capacity to prevent obstruction by patrons of any public right-of-way or shared drive aisles.

      B.   The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.

      C.   The stacking lane shall not be located within ten (10) feet of any residential district or existing residence. A landscape buffer or combination of buffer and sidewalk may be located in this 10-foot area.

      D.   When a vehicle circulation lane and/or the car wash exit faces a residential use or district, additional landscaping a minimum of three (3) feet in height shall be placed at the edge of these vehicle lanes and/or the property line to mitigate light trespassing from headlights.

   (2)   If not fully enclosed, use shall be located a minimum of one hundred (100) feet from any abutting residential district and shall be limited in operating hours from 6:00 a.m. to 10:00 p.m.

   (3)   If the car wash is unattended, the entrance or view of the facility shall be open to the public street or to adjoining businesses, shall have low impact security lighting, and any landscape shrubbery between the facility and the public street shall be limited to no more than three (3) feet in height. (Ord. 3670, 4-21-2025)

   (1)   General Standards:

      A.   As an accessory use to a retail sales use (as defined in 10-01-10), fuel canopy facilities shall not cover more than fifty percent (50%) 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').

         1.   The allowable canopy signage shall not exceed 25% of the canopy façade area, per façade face;

         2.   Any canopy sign shall not extend above the top of the canopy structure;

         3.   Canopy signs (letters/letter copy only) may be nonilluminated or internally illuminated provided all lighting complies with other standards in this chapter;

      D.   Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten (10) feet of any abutting residential districts.

      E.   The use shall be located on an arterial street or as permitted by the applicable land use schedule of this chapter (Chapter 10).

   (2)   Additional standards for Truck Stop:

      A.   The use shall be located on a principal arterial, state highway, or within ½ mile of an interstate interchange.

      B.   The use shall be located a minimum of six hundred (600) feet from any residential district and a minimum of one thousand (1,000) feet from any hospital. (Ord. 3670, 4-21-2025)

All automotive repair service uses shall comply with the following:

   (1)   Where adjoining a residential district or use, all repair activities shall occur within an enclosed structure.

   (2)   Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen consistent with the Screening standards of this Chapter (10-02-09) or stored within an enclosed structure; in no case shall said vehicles be visible from a street or an abutting residence.

   (3)   No vehicle shall be stored outside of an enclosed building for more than thirty (30) consecutive days.

   (4)   Storage of all vehicles must be contained onsite; no use of street parking is permitted for business purposes. (Ord. 3670, 4-21-2025)

   (1)   No portion of the wrecking / salvage yard, outside storage, or outside activity may be visible from any highway, interstate, or arterial roadway.

   (2)   The yard, outside storage, and any outside activity shall be incorporated into the overall design of the site, landscaping, and any buildings so the visual impacts of these functions are fully contained and screened from view of any adjacent properties and/or public streets. Property shall be screened by a solid fence/wall with a minimum height of six (6) feet and a maximum height of eight (8) feet and no materials, inventory, and/or supplies shall be stored so they exceed the height of the fence/wall.

   (3)   All outside storage or outside activity shall be located a minimum of five hundred (500) feet from any residential district.

   (4)   No person shall establish, operate, or maintain a vehicle wrecking yard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from any highway or interstate. See Idaho Code § 40-313.

   (5)   An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be an impermeable surface that has a means to collect and properly dispose of oils and fluids in the vehicles.

   (6)   The applicant shall obtain all necessary permits for the storage of materials on the site, including, but not limited to, oil, hazardous waste, and tires. (Ord. 3670, 4-21-2025)

   (1)   Permitted ancillary activities shall be those related to the purpose of religious worship, government of the church or fellowship of the congregation, housing of employees, operating a daycare or school, or providing services to those in need.

   (2)   A parking plan shall be submitted with the associated application or building permit 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, transit, etc.) shall be developed. (Ord. 3670, 4-21-2025)

   (1)   A contractor’s storage yard shall be an accessory to a principal building and located on the same parcel or lot as the primary contractor’s shop.

   (2)   All accessory outdoor storage shall comply with the specific use provisions of 10-12-03 (Outdoor Storage), shall be screened with a sight obscuring fence a minimum of six (6) feet and a maximum of eight (8) feet in height, and shall comply with all fencing regulations of this Chapter.

   (3)   If adjacent to a residential district or use, all noxious functions of the use that create noise, odor, glare, etc., shall be fully enclosed or shall be located a minimum of fifty (50) feet from the shared property line. This may be modified through the Special Use Permit process.

   (4)   For the purposes of this title, a contractor’s shop with storage yard is not a home occupation.

   (5)   Any maintenance of vehicles or machinery shall be incidental to the contractor’s shop and shall only include minor repairs. Otherwise, it may be deemed an Automotive - Repair Services use, as herein defined and conditioned.

   (6)   The site shall not be used as an “Automotive wrecking/salvage yard,” as herein defined.

   (7)   Office space for employees only is allowed as an accessory use.

   (8)   An all-weather, concrete or asphalt surface is required in all outdoor storage areas where employees regularly utilize the space for vehicular circulation. The surface shall comply with all Engineering and Fire requirements. Outdoor vehicle storage uses shall pave all drive aisles but may utilize gravel or other permeable surfaces on the storage spaces themselves. (Ord. 3670, 4-21-2025)

   (1)   Cottage Industries: Cottage industries shall conform to the following requirements:

      A.   Not more than two employees shall be working on the premises in addition to the members of the family residing on the premises.

      B.   The cottage industry shall be clearly incidental and subordinate to the use of a parcel containing a dwelling occupied as a principal residence of the owner or operator of the cottage industry.

      C.   Multiple uses may be permitted within a cottage industry. The area occupied by all uses within the cottage industry, including storage, shall not exceed 1,000 square feet.

      D.   All aspects of the cottage industry shall be located and conducted within a dwelling unit or enclosed accessory building(s).

      E.   There shall be no change in the outside appearance of any building or the premises, except one non-illuminated sign not exceeding six square feet in area and four feet in height shall be permitted.

      F.   In the event a new building is constructed to accommodate the cottage industry, it shall maintain a similar style and character to that of existing buildings within the vicinity.

      G.   The sale of merchandise not produced on the premises shall be incidental and accessory to the merchandise or service produced by the cottage industry and shall not be advertised in any manner.

      H.   Not more than ten customers or clients shall come to premises during any one day, restricted to the hours 7:00 a.m. to 7:00 p.m.

      I.   Not more than two delivery vehicles shall access the premises each week.

      J.   Large vehicles or construction equipment (such as trucks of over one ton rating) is not permitted as part of a cottage industry.

      K.   No equipment or process used in the cottage industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood.

      L.   Adequate off-street parking shall be provided according to the provisions of Section 10-02-05.

      M.   The Director reserves the right to require a Special Use Permit if it is deemed the applicant cannot adequately address the impacts noted herein.

   (2)   Craftsman / Artisan Industries:

      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.   All outdoor storage areas shall be screened by a six (6) high solid sight-obscuring fence. Chain link with slats is not permitted.

      C.   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.

      D.   The Director reserves the right to require a Special Use Permit if it is deemed the applicant cannot adequately address the impacts noted herein. (Ord. 3670, 4-21-2025)

   (1)   All in-home daycares, daycare centers, and/or preschools shall abide by all state of Idaho code and/or licensure requirements and shall also receive state licensure regardless of the type of daycare and regardless of the number of children cared for. All types of daycares shall submit to the planning and zoning department a copy of their state license within thirty (30) days of receipt.

   (2)   In determining the size and type of daycare facility, the total number of children at the facility at one time is the determining factor:

      A.   In-home daycares shall not provide care for more than twelve (12) children, including the provider’s own children under age 13;

      B.   Daycares providing services for 13 or more children shall be located in a nonresidential facility.

   (3)   Paved on-site vehicle pick up, parking and turnaround areas shall be provided and depicted on a site plan to ensure safe discharge and pick up of clients.

   (4)   In residential districts or adjacent to an existing residence, the hours of operation shall be limited to the hours between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of a Special Use Permit.

   (5)   Any and all outdoor play areas shall be completely enclosed by minimum six-foot nonscalable fences to secure against exit/entry by small children and to screen abutting properties.

   (6)   Outdoor play equipment shall not be located in a front yard.

   (7)   Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.

   (8)   In-home daycares in no way shall emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. (Ord. 3670, 4-21-2025)

   (1)   Containers or pods that are utilized for permanent use (not seasonal or as a temporary use) shall only be permitted as an accessory use to a primary nonresidential use, that is permitted or specially permitted in accordance with this chapter and is engaged in the business of acquiring used/donated goods for repurpose or resale.

   (2)   Containers or pods utilized for donation drop-offs shall be placed in the side or rear yards and shall not be located between the primary building and any public street and shall not remove any required parking so that the minimum number of spaces required is maintained.

   (3)   Donation containers shall be screened from the view of any abutting residential property and/or public space by a site obscuring fence, landscaping, or a combination thereof.

   (4)   The donation container shall be regularly maintained in such a manner that it remains in good condition and appearance, is usable to the public, and is not consistently overflowing, creating a public nuisance.

   (5)   Donation containers placed for long-term or permanent placement in accordance with this section may be required to be painted a neutral shade which blends with the surrounding premises or nearby structures on the same property.

   (6)   Containers or pods may not be used for any types of human occupancy or animal sheltering

   (7)   Containers or pods shall not occupy the required off-street parking, loading or landscaping areas, and shall not block any vehicular or pedestrian accessways, driveways, sidewalks, or other paths of travel.

   (8)   Containers or pods utilized for temporary use shall conform to 10-12-03-15 (4), (6), and (7), and to the provisions within the temporary use section of this chapter. (Ord. 3670, 4-21-2025)

   (1)   All establishments providing drive-thru service shall identify the stacking lane, menu, speaker location (if applicable), and window location on a site plan with the building permit or Special Use Permit application.

   (2)   The required site plan shall depict the following standards at a minimum:

      A.   The entrance and exit from the drive-through lane shall be internal to the site, not a direct entrance and/or exit to or from a public street;

      B.   Drive-through windows and stacking lanes shall not be located along facades of buildings that face a street without proper screening;

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

      D.   A minimum of three (3) consecutive loading spaces (a minimum of 75 feet in length) for stacking shall be provided from the exterior speaker/order area and shall not interfere with any off-street parking spaces, drive aisle, or any portion of the driving lane/entrance. More stacking may be required at the determination of the Director based on the land use;

      E.   All drive-through window lanes shall be separated by curb from the parking lot’s interior driveways;

      F.   Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties;

      G.   Exterior trash receptacles shall be provided to prevent the scattering of litter;

      H.   All exterior seating/play areas shall be separated from a drive-through with a four foot (4') tall fence.

      I.   Consideration shall be given to the pedestrian access to and from the drive-thru establishment and include a minimum of one (1) connection from the main building entrance to the public roadway sidewalk. Where said sidewalk crosses a circulation lane or drive-thru lane, it shall be constructed of a differing material to distinguish the sidewalk from the vehicular driving surfaces through the use of pavers, colored or scored concrete, bricks, or similar; striping does not satisfy this standard. (Ord. 3670, 4-21-2025)

These regulations are meant to support measured implementation of new technologies, address potential impacts to nearby property, and shall apply to both commercial drone delivery hub (large) and commercial drone delivery hub (small) uses, except where individually referenced.

   (1)   Commercial Drone Delivery Hubs (Large): A commercial drone delivery hub (large) may be allowed, if and when granted by a special use permit, in the C-3, C-4, H-C, M-1, M-2, and I-P districts if the requirements of this section are met.

   (2)   Commercial Drone Delivery Hubs (Small):

      A.   A commercial drone delivery hub (small) is allowed as a primary use in the C-3, C-4, H-C, M-1, M-2, and I-P districts when the requirements of this section are met.

      B.   A commercial drone delivery hub (small) is allowed as an accessory use to a permitted food/grocery store, restaurant, retail store, shopping center, or warehouse/distribution center use in any district when the requirements of this section are met.

      C.   When a detached accessory building is occupied or intended to be occupied for an accessory commercial drone delivery hub (small), the floor area is limited to a maximum of 10% of the total floor area of the building containing the primary use.

   (3)   Drone Staging Areas:

      A.   The drone staging area must be designated on an approved site plan.

      B.   The drone staging area shall not be placed in the following areas:

         1.   Within any required setbacks;

         2.   Within any required landscaping or landscape buffers;

         3.   Within any fire lanes, easements, maneuvering aisles, customer pick-up lanes, drive aisles, parking, required loading zones and parking spaces; or

         4.   So as to obstruct visibility or interfere with pedestrian or vehicle circulation.

      C.   As an accessory use, the drone staging area is limited to 10% of the total lot area or 1,000 square feet, whichever is less. A drone staging area located inside of or on the roof of the building containing the primary use is not subject to this size limitation.

      D.   When located at grade; any goods or materials or other equipment shall be screened by a six (6) foot high, solid sight-obscuring fence. Chain link with slats is not permitted except as permitted elsewhere in this code for the M-1, M-2, or I-P districts. Landing pads are exempt from this screening requirement.

      E.   Drone Staging Areas on Top of Buildings:

         1.   Any roof-mounted mechanical equipment, excluding land pads, shall be screened.

         2.   Any additional structure, parapet wall, screening, safety railing, or other appurtenance associated with the commercial drone delivery hub is subject to the maximum height requirement of the district.

      F.   Proximity to Noise-Sensitive Uses:

         1.   The drone staging area for a commercial drone delivery hub (small) shall not be located within one hundred fifty (150) feet of any property upon which a dwelling, nursing and residential care facility, or public park is located.

         2.   The drone staging area for a commercial drone delivery hub (large) shall not be located within three hundred (300) feet of any property upon which a dwelling, nursing and residential care facility, or public park is located. The three hundred (300) foot buffer requirement may be reduced to one hundred fifty (150) feet if City Council finds that issuance of the special use permit would not be detrimental or injurious to the public health, safety, or general welfare of the neighborhood.

         3.   The measurement of the required buffer is to be made in a straight horizontal line from the edge of the drone staging area to the closest property line of a property containing a dwelling, nursing and residential care facility, or public park.

   (4)   Parking and Loading:

      A.   Parking is not required for an accessory commercial drone delivery hub use.

      B.   Off-street parking for commercial drone delivery hubs (small) and (large) shall be provided as follows:

         1.   One space per 1,000 square feet of floor area for storage or warehousing; plus

         2.   One space per 300 square feet of floor area for office, customer service or other areas; plus

         3.   A minimum of one parking space per 300 square feet of the designated drone staging area is required for commercial drone deliver hubs with no buildings.

   (5)   Registration and Restrictions:

      A.   Anyone flying or operating a drone, regardless of the drone’s weight shall register their drone with the Federal Aviation Administration (FAA).

      B.   Drones shall not be operated in a way that would cause damage to people or property, nor shall drones be used for the purpose of capturing a person’s visual image, audio recording, or other physical impression in any place where the person would have a reasonable expectation of privacy.

      C.   No person or entity shall operate a drone in violation of Idaho Code 21-213. (Ord. 3670, 4-21-2025)

   (1)   Elevated pedestrian walkways (i.e. skyways), including those over public rights-of-way, may be located in any required yard or setback area provided they do not create a visual obstruction for motor vehicle traffic and have all other governmental approvals for its location over a public right-of-way.

   (2)   General Standards:

      A.   The pedestrian walkway/skyway shall be designed by a Professionally Licensed Engineer at a minimum height of seventeen (17) feet above the street, alley, or other rights-of-way:

         1.   Skyways over alleyways will be required to seek approval from Republic Services where trash is collected within said alleyway;

         2.   Additional height restrictions may apply due to street classification, required utility maintenance, or other unforeseen circumstances and all skyway designs will be subject to approval of the City Engineer;

         3.   Height reductions over private property or locations where roadways are not existing, or master planned, may be granted by the City Engineer;

         4.   The height clearance of the skyway over any roadway shall be clearly posted for all vehicular traffic.

      B.   Skyways shall be privately owned and maintained, regardless of their location, and will require an Encroachment Easement and Agreement with the City of Caldwell prior to receiving certificate of occupancy on the adjacent building(s).

      C.   The skyway shall be a minimum of ten (10) feet wide and ADA compliant.

      D.   At least fifty (50) percent of the exterior sidewalls of the skyway shall be glazing but may include air flow/venting apparatus. (Ord. 3670, 4-21-2025)

   (1)   All repair activities shall be located within an enclosed structure or completely out of view from a public right-of-way or adjacent property via site obscuring fencing of a minimum height of six (6) feet and a maximum height of eight (8) feet, consistent with the screening standards of 10-02-09.

   (2)   Equipment display areas are prohibited within any required landscape buffers.

   (3)   An all-weather, concrete or asphalt surface is required in all outdoor areas where customers or employees regularly utilize the space for vehicular circulation. The surface shall comply with all Engineering and Fire requirements.

   (4)   Ancillary to a building material business/hardware store, or similar, display of for rent or for sale equipment may be permitted as noted in 10-12-03 (Outdoor Storage) of this section. (Ord. 3670, 4-21-2025)

All facilities serving liquor, beer or wine shall comply with the following:

   (1)   The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.

   (2)   The establishment shall not be located within platted residential subdivision or within three hundred feet (300') of any public or private school (K-12), church, or any other place of worship, measured in a straight line from the nearest property line to the drinking establishment property line, except with the approval of a Special Use Permit by the City Council. This limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area.

   (3)   For establishments 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. Through the Special Use Permit process, this standard may be modified.

   (4)   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. The Director or their designee shall determine if a new Special Use Permit is required when a measurable change in the use, including, but not limited to, hours of operation, size, capacity, type of drinking establishment, or entertainment, occurs. (Ord. 3670, 4-21-2025)

   (1)   Office, retail, or other non-industrial uses shall comprise a minimum of 25% of the structure and/or tenant space. If office, retail, or other non-industrial uses comprise more than 80% of the structure, it shall not be considered as Flex Space and instead shall be classified by the individual uses proposed.

   (2)   Only Industry - Light Manufacturing, Industry - Medium Manufacturing, Industry - Craftsman/Artisan, and Cottage Industries are the permitted industrial uses allowed in Fles Space buildings.

   (3)   Uses that are not the retail or office component shall not comprise more than 75% of the structure and/or tenant space.

   (4)   Roll-up doors and loading docks shall not be visible from a public right-of-way, except for within the Industrial zoning districts. If this standard cannot be complied with due to site constraints, additional screening methods may be approved to satisfy this requirement. Roll-up doors with 50% or more glazing are exempt from this standard. (Ord. 3670, 4-21-2025)

   (1)   It shall be unlawful for any person to engage in a “home occupation” as defined in section 10-01-10 of this chapter, within the City, without first having received a home occupation permit issued by the City Planning and Zoning Department.

   (2)   Application for a home occupation permit shall be in writing, signed to and sworn by the resident and the property owner, upon application forms furnished by the City Planning and Zoning office.

   (3)   The initial permit fee imposed and collected shall be as set by City Council. A home occupation permit shall not be transferable from one individual or property owner to another nor shall said permit be transferable from one site to another but shall be valid only for the site to which it was issued and the individual to whom it was issued. In the event of a change of site or change of individual, application for a new home occupation permit shall be required.

   (4)   Home occupation permit applications shall meet all of the following home occupation standards to be considered eligible for approval of issuance of a home occupation permit:

      A.   The home occupation is clearly incidental and secondary to the use of the dwelling.

      B.   The home occupation is conducted within the dwelling and is carried on by the inhabitants of the dwelling. The inhabitants of the dwelling do not need to be the dwelling owners, but they must be occupying the dwelling. There may be one individual (paid or unpaid) allowed to participate in the operations of the home occupation, along with the dwelling inhabitant(s), who is not an inhabitant of the dwelling. No one else outside of the dwelling unit shall be allowed to participate in the operations of the home occupation other than the one individual described above.

      C.   No article shall be sold or offered for sale on the premises or property, except such as is produced by the inhabitant of the dwelling. Any illegal articles or goods sold or offered for sale on the premises such as stolen property or any form of contraband shall be strictly prohibited.

      D.   The home occupation shall not change the character of the dwelling or adversely affect the uses permitted in the zoning districts. No activity shall indicate from the exterior that the dwelling is being used in whole or in part for any purpose other than that of a dwelling. This includes any on-street parking by any individual other than a current resident of the subject home as a result of the home occupation. No more than one home occupation is permitted per dwelling.

         1.   The delivery of supplies and loading or unloading of vehicles, pertinent to the home occupation, shall not take place between the hours of five o’clock (5:00) P.M. and eight o’clock (8:00) A.M. The only exception is in the case of family/group daycare homes, preschools and daycare centers where children may be dropped off or picked up at any hour of the day or night.

      E.   The home occupation does not and shall not utilize any on street parking.

      F.   Not more than one-fourth (1/4) of the gross area of the dwelling shall be used, as a whole, for all home occupations contained within the dwelling, with the following stipulations:

         1.   Garages, whether detached or attached, shall not be included in the calculation of the gross area of the main floor, they shall not count as the one-fourth (1/4) area that may be used for the home occupation.

         2.   Bathrooms, hallways, and kitchens shall be included in the calculation of the gross area of the main floor of the dwelling and may be used by the home occupation. However, the use of bathrooms, hallways, and kitchens by the home occupation shall not count toward or against the one-fourth (1/4) allowed, usable gross area of the main floor.

      G.   All parking resulting from the operation of the home occupation shall be located on site of the dwelling in a designated parking area, such as a driveway; not on the public street or public street right-of-way or in the front yard or front yard setback area.

      H.   A nameplate sign that complies with section 10-02-06 of this article is permitted when attached to the dwelling.

      I.   Garages and/or accessory buildings may be occupied by a home occupation if they meet the following standards:

         1.   No more than fifty percent (50%) of the total gross area of the garage may be utilized for the home occupation.

         2.   No more than two hundred (200) square feet of total area of accessory structure(s) may be utilized for the home occupation.

      J.   Hazardous materials shall not be stored in any quantity exceeding a one-day supply and shall comply with International Fire and Building Codes for residential occupancy.

      K.   There shall be no commodities sold, or services rendered, that require receipt and delivery of merchandise, goods, or equipment by anything other than a passenger vehicle or mail delivery vehicles.

      L.   There shall be no outdoor display of goods or outside storage of equipment or materials used in the home occupation.

      M.   Dimensions, power rating, or weight of equipment and tools used in the conduct of the home occupation shall not exceed that of normal household equipment and tools.

      N.   At the discretion of the Director, the applicant may be subject to a scheduled inspection by the Planning and Zoning Department to verify compliance with requirements in this chapter, and the applicant shall pass said inspection, prior to issuance of a home occupation permit. All applicable codes must be met to obtain a home occupation permit.

      O.   Applications may be withdrawn by the applicant at any time during the process. A fifty percent (50%) refund of only the application fee shall be issued and only for applications withdrawn within ten (10) days of submittal.

   (5)   A home occupation permit may be subject to scheduled or unscheduled random inspections at any time for compliance with all federal, state, and city codes and regulations. A home occupation permit shall be revoked at any time by the Director or his/her authorized designee if it is determined that any condition of the home occupation or any other city laws, ordinances, or statutes are being violated.

      Prior to any revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance to become compliant. Additionally, prior to any revocation, the applicant shall be afforded an opportunity for a public hearing before the council to be conducted as per the process outlined in subsection 10-03-03(2) of this chapter; said hearing must be requested within seven (7) days of receipt of a notice of intent to revoke a home occupation permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing, as described above, will result in immediate revocation of the home occupation permit.

   (6)   In cases of violations of subsection (4)C of this section which prohibits any illegal articles or goods to be sold or offered for sale on the property such as stolen property or contraband, and/or where the person(s) has had revocation of a home occupation permit initiated based on a violation of subsection (4)C of this section, the city council may, at the request of the chief of police, invoke a civil penalty of up to two thousand dollars ($2,000.00); provided, the person(s) being assessed is given a hearing before the council concerning the facts of the case. Any fines derived from these penalties will be placed in a dedicated fund to be used to fund drug prevention programs. (Ord. 3670, 4-21-2025)

   (1)   The following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation:

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

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

      C.   Any other emission or radiation which endangers human health, results in damages to vegetation or property, or which exceed health and safety standards.

      D.   In the event the Director determines that the applicant cannot adequately address such impacts, the use shall be subject to a Special Use Permit.

   (2)   Application materials shall depict compliance with any applicable federal, state, or local standards regarding such use, including, but not limited to, those of the U.S. Environmental Protection Agency, the U.S. Department of Agriculture, Southwest District Health Department, and Idaho Department of Water Resources. (Ord. 3670, 4-21-2025)

   (1)   Purpose and Intent: The standards set forth in this Article are intended to provide the opportunity for affordable, single-family manufactured homes to be located within safe, well-planned rental or land-lease environments. A housing development that remains under the ownership of one individual, corporation, or business should be designed and maintained in such a manner that ensures that adequate open space for each home and family is provided, that appropriate infrastructure improvements are installed and adequately maintained, and that the development is compatible with the character of surrounding residential neighborhoods.

   (2)   Permits Required:

      A.   Singular manufactured homes, defined as “Dwelling - Manufactured Home” in 10-01-10 of this chapter, are permitted as outlined in the land use schedules of this chapter, and shall be subject to the requirements of a single-family dwelling located in the underlying zone.

      B.   Manufactured Home Development, as defined in 10-01-10 as “Manufactured Home Community / Development” may be permitted through the Special Use Permit process (outlined in 10-03-04) as a Manufactured Home Development Application. This shall be allowed in specific zoning districts as depicted in the land use schedules of this chapter and shall adhere to the standards below and not the Multi-family Development code of 10-14.

      C.   If a subdivision is proposed and includes manufactured homes, as defined, the development shall comply with all standard subdivision, land use, dimensional standards, landscape, etc. regulations outlined in Chapter 10 and Chapter 11 of Caldwell City Code.

   (3)   Application Requirements: Application materials shall be required as defined on the applicable Special Use Permit checklist and Manufactured Home Development checklist.

   (4)   General Development Standards:

      A.   Manufactured home communities and developments, unless otherwise approved as a Planned Unit Development, shall be served by public street(s), street lighting, and utility systems (water, sewer, irrigation, stormwater, etc.) that have been designed and constructed to the requirements of the City of Caldwell Engineering Department requirements as outlined in Chapter 11 of the Caldwell City Code.

      B.   Manufactured homes shall be installed on a foundation; the axles, wheels and hitch of the home shall be removed. The foundation shall be constructed and installed under the manufacturer’s requirements, or under the requirements of Idaho Code, title 44, chapter 22, Manufactured Home Setup Code, subsection 44-2205, Requirements for Foundations.

      C.   Space (lot) Size Requirement and Recreation Areas:

         1.   No recreation area is required if minimum lot sizes meet the following: Six thousand (6,000) square foot space for multi-sectional homes and five thousand (5,000) square foot space for single- sectional homes.

         2.   If a minimum of ten percent (10%) of the gross area of the development site is provided for recreation, then the following minimum lot sizes are permitted: Four thousand (4,000) square foot minimum space with an average of five thousand (5,000) square foot space overall. Recreational areas may include space for community buildings, gardens, outdoor play areas, ball courts, walking/biking paths, etc.

      D.   Dimensional Standards Table (in feet):

 

 

      E.   Off-street parking for each manufactured home is required and shall be a minimum of two (2) parking spaces on each space/lot and at least one space shall be enclosed in a garage with minimum dimensions of ten feet (10') by twenty feet (20') for each space.

      F.   Minimum five (5) foot wide sidewalks shall be installed along both sides of the internal streets.

      G.   Landscaping shall comply with the standards as set forth in 10-02-09 for subdivisions except that the amount of open space required shall comply with standard (4)C above.

      H.   Accessory structures shall comply with the standards as set forth in 10-12-03-1.

      I.   The manufactured home shall have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings, as determined by the Director.

      J.   Manufactured Homes are not recreational vehicles or trailers, as defined in 10-01-10.

      K.   Deeds Required: Infrastructure improvements installed to City design and construction standards, and intended for dedication to the City, shall require the preparation and recordation of a right-of-way deed and/or utility deed for each phase of the development at the time of submitting construction plans. A copy of each deed shall be submitted to the City Engineer and Director over Planning and Zoning and shall be made a part of the case file.

      L.   Significance of Approval: Approval of the manufactured home development permits the developer to prepare construction plans and to submit them to the City Engineer for approval. Construction activity shall not commence until the City Engineer, and any other applicable review agency, has approved the plans. Construction plans for each phase shall require approval from the City Engineer, and other applicable agencies having review authority. A copy of written approvals shall be submitted by the developer to the Director who shall include such approvals in the case file.

      M.   As-Built Approvals: Prior to a building permit being applied for and issued for any manufactured home space within each phase of the development, the developer shall submit written verification that the City Engineer has approved installation of improvement construction.

      N.   Planned Unit Development (PUD): Nothing herein shall exclude a manufactured home community or development from being applied for as a PUD.

      A PUD designed for manufactured homes only, or a mixture of manufactured homes, site-built homes, and other uses on rental or leased space is intended to enable the applicant to reduce the square footage requirement for individual lots and to incorporate that same square footage into open space and/or common areas for use by all residents and/or users of the development. It is also intended to encourage imaginative and unique design proposals that may be geared more toward a gated, private community that is essentially independent and contained.

      It shall be the responsibility of the applicant to provide sufficient information that the PUD proposal conforms to the goals and policies of the adopted Comprehensive Plan, will be a benefit to the public, and will not adversely affect the public interest. The streets, whether proposed as private or public, and water/sewer systems, shall be designed and constructed to the same standards required under subsection (4)A of this section, except the requirement for the roadway, if proposed as private, may be designed at a lesser width if approved by the Caldwell Engineering Department. (Ord. 3670, 4-21-2025)

   (1)   For the purposes of this section, the uses subject to the regulations below shall be “Mixed Use - Small Scale” and “Mixed Use - Large Scale”, as defined in 10-01-10.

      A.   Allows for one or more dwelling units located on the upper floors with nonresidential uses on the lower and ground floors.

      B.   All nonresidential uses located within a Mixed Use building shall be permitted or specially permitted uses; if a specially permitted use is proposed, a separate Special Use Permit is required.

      C.   Within individual Mixed Use buildings, the ground floor shall be comprised of nonresidential uses; residential units are not permitted on the first floor.

      D.   Residential uses are prohibited along all arterial roadways and highway frontages within the Mixed-Use or Community Center place types, as designated on the Future Land Use Map, unless part of a Mixed-Use Small-Scale or Mixed-Use Large-Scale building.

         1.   In all cases, residential uses shall not exceed 40% of the overall cumulative square footage of building footprints.

      E.   All dimensional standards including setbacks, building height, landscaping, minimum parking, etc. shall be maintained for the underlying zoning district unless deviations are approved through the appropriate process. (Ord. 3670, 4-21-2025)

   (1)   Mobile Food Units:

      A.   Type. Mobile Food Units (MFUs) shall include, but not be limited to, a vehicle or a readily movable/portable structure (e.g., taco trucks, BBQ grills/ranges on trailers, vendor carts, lunch wagons, and other mobile food vendors that are on wheels or on a trailer / portable structure with wheels) used solely for the purpose of the preparation and sale of food and/or beverages.

         1.   When more than one (1) MFU is located on a singular lot, parcel, or project site, it shall be considered a Mobile Food Unit Park and subject to all specific use provisions as outlined below in subsection (2).

      B.   Locations allowed. MFUs are permitted as listed in the applicable land use schedule of this Chapter (Chapter 10). They are prohibited from locating on properties in any of the following locations:

         1.   In any location where the city has reasonable grounds to believe that establishment and/or operation of the proposed temporary use would violate land use entitlement or recorded development agreement conditions of any parcel of land.

      C.   Hours of Operation and Duration: MFU hours of operation shall be as follows:

         1.   MFUs may operate between the hours of 6:00 a.m. to 2:00 a.m.;

         2.   MFUs are not subject to the six (6) month time limitation applicable to temporary uses, and may operate from a permanent or semi-permanent location, so long as they remain in compliance with applicable requirements and the standards contained herein, including the maintenance and/or renewal of a valid Certificate of Compliance (Mobile Food Unit permit) yearly (every 365 days) in order to lawfully sell food or other consumable commodities within the City.

         3.   Individual MFUs are prohibited from being used/set up as permanent (or effectually permanent) diners, eateries, restaurants, etc., nor feature outdoor facilities for dining purposes in any location in the city unless established as part of a Mobile Food Unit Park (outlined in subsection 2 below). Outdoor “eateries” or facilities are considered to be any business using seating, tables or some kind and/or some form of shelter (e.g., umbrellas, tents, canopy) to provide a place to sit and eat outside that are not removed at the end of each business day.

      D.   General Standards. The following land use regulations shall govern all MFUs:

         1.   MFUs are required to have a Mobile Food Unit permit in order to lawfully operate within the City of Caldwell.

         2.   A current and valid copy of the Southwest District Health (SWDH) department permit shall be submitted in conjunction with any application for a Mobile Food Unit permit and must be maintained and displayed on or in the vendor’s vehicle in plain public view when open for business.

         3.   No structure shall exceed twelve feet (12') in height.

         4.   No structure shall exceed thirty feet (30') in length.

         5.   No structure shall exceed nine feet (9') in width.

         6.   No MFU shall consist of more than one cart, stall, booth, tent, platform, box, table, rack, pallet, container, trailer, recreational vehicle, motor vehicle, or any other form of offering, displaying, or storing goods and/or services, per vendor.

         7.   No MFU shall be allowed to be placed or parked in a required vision triangle, a location blocking legal ingress/egress to or from a lot/parcel, any pedestrian way, a location blocking access to a trash dumpster, too close to a fire hydrant, adjacent to a section of curb painted and designated as reserved for fire department use, or in a position that obscures a city traffic regulation sign.

         8.   When conducted from a temporary structure, food preparation shall not entail any cooking process and/or equipment that generate(s) grease laden vapors unless the Caldwell Fire Department inspects and certifies that the proposed cooking “setup” meets applicable requirements of the most current edition of the National Fire Protection Association regulations they enforce. “Grease laden vapors” are vapors containing rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from cooking and/or preparing foods.

         9.   MFUs shall not be allowed to be placed or parked within or overhanging a public right-of-way or easement.

            (A)    Except, MFUs that are vendor carts may apply for a right-of-way permit with the City of Caldwell Engineering department to sanction their use if/when they are proposed to be or are operated/stationed within public right-of-way (e.g., on a sidewalk).

         10.   MFUs are subject to scheduled or unscheduled inspections at any time by applicable City, State, or Federal agencies. MFUs who desire to leave their specified location as identified on the issued certificate of compliance and set up in a new location must notify the City Planning and Zoning Department and provide written approval from the new location’s property owner prior to their relocation.

            (A)   MFUs are allowed certificates of compliance for multiple sites at one time, provided a schedule of locations and times is submitted to the Planning and Zoning Department to be kept on file with the MFU application.

   (2)   Mobile Food Unit Parks, General Standards:

      A.   Mobile Food Unit Parks shall obtain approval of an Administrative Development Site Plan and Landscape Plan Review application prior to commencing said use. If a Special Use Permit (SUP) is required per an applicable land use schedule, the SUP shall be obtained prior to the Administrative Development Site Plan and Landscape Plan Review application-approval of the SUP does not negate the requirement of obtaining the Administrative Development Site Plan and Landscape Plan Review application approval prior to commencement of this use.

      B.   All individual Mobile Food Units (MFUs) within a Mobile Food Unit Park shall adhere to the regulations outlined in subsection (1) above and shall obtain an individual Mobile Food Unit Permit, unless specifically noted otherwise within this subsection.

      C.   Mobile Food Unit Parks shall be maintained and remain in compliance with all applicable city, county, state, and federal regulations, including, without limitation, landscaping, land use buffer, fire, building, electrical codes, and health regulations, for the duration of the use.

      D.   No business located within the Mobile Food Unit Park shall engage in the sale of weapons.

      E.   MFUs within Mobile Food Unit Parks shall not connect to any electrical outlets or sources of power without having first received written permission from the property owner on which said outlets or sources of power are located.

      F.   Mobile Food Unit Parks shall be operated in a manner that does not create excessive noise, light, dust, nuisance or other detriment to the enjoyment of property in the vicinity beyond that which a standard restaurant would create.

      G.   Individual MFU signage must be affixed to the MFU or located immediately adjacent to the facility or unit on private property.

      H.   Operations shall be conducted only to pedestrians, drive-thru services for Mobile Food Unit Parks is prohibited.

      I.   All Mobile Food Unit Parks shall provide fire prevention tools as required by the Fire Department.

      J.   Allowable business hours for any Mobile Food Unit Park shall be between the hours of eight o’clock (8:00) A.M. and two o’clock (2:00) A.M.

      K.   A Mobile Food Unit Park shall not be less than one hundred (100) feet from another Mobile Food Unit Park.

      L.   Any alcohol beverage only MFUs shall only be permitted if there is another MFU serving food during the same hours within the Mobile Food Unit Park.

      M.   All Mobile Food Unit Parks shall provide the following minimum site design items and shall be depicted on the approved site plan:

         1.   On-site Manager: There must be a designated manager of the site that is responsible for the orderly organization of MFUs, the cleanliness of the site, and the site’s compliance with all rules and regulations during business hours.

         2.   Asphalt or concrete surfaces for each mobile food unit to be located on;

         3.   Trash receptacles and regular trash service. The site plan shall depict the location of the receptacles or method of trash disposal;

         4.   Semi-permanent seating area(s) for patrons of the mobile food unit park with real or artificial turf;

         5.   A minimum of one (1) shaded area (via gazebo, shade tree, etc.);

         6.   Parking: A minimum of one and a half (1.5) off-street parking spaces per Mobile Food Unit is required and shall consist of an improved, asphalt or concrete surface.

         7.   Restrooms: At least one permanent restroom shall be located within five-hundred (500) feet of each Mobile Food Unit and be made accessible to the patrons while the Mobile Food Unit Park is open.

      N.   Mobile Food Unit Parks must provide a sanitary sewage treatment plan. Wastewater may not be dumped or discharged on the premises, adjacent properties, or public right-of-way. If the applicant proposes the use of any sanitary sewage facilities located on private property, written permission from the property owner must be obtained. (Ord. 3670, 4-21-2025)

   (1)   Mobile Homes are subject to the definition in 10-01-10 of this chapter and the following general standards:

      A.   Mobile Homes do not meet the criteria for manufactured homes and are not recreational vehicles or trailers, as defined in 10-01-10 of this chapter.

      B.   If approved through a Special Use Permit, Mobile Homes may be permitted in any zone that permits residential uses unless otherwise restricted by covenants or plat dedications.

      C.   Mobile Homes shall be subject to the same requirements as a single-family dwelling located in the underlying zone unless a Variance has been applied for and approved. (Ord. 3670, 4-21-2025)

   (1)   Modular Buildings shall not be considered Mobile Homes nor Manufactured Homes, as separately defined in 10-01-10.

   (2)   Modular Buildings are only permitted as outlined in the applicable land use schedules for this Chapter (Chapter 10).

   (3)   When accessory to an education facility, all modular buildings shall be screened with landscaping from view of any public right-of-way or public space to break up the massing of the modular structure and provide visual relief from these public spaces.

   (4)   When utilized as a temporary structure, modular buildings shall comply with all applicable zoning standards in this the Temporary Use section of this article (10-12-03).

   (5)   In all nonresidential zones and when a modular building becomes a permanent structure that is compliant with all building codes (i.e. permanent foundation, permanent utilities, etc.), landscaping and/or additional architectural elements shall be installed along the foundation of the building to add pedestrian level fenestration and visual aesthetics to the building/site. (Ord. 3670, 4-21-2025)

   (1)   The site shall not be used as “Automotive - wrecking or junk yard,” as defined in 10-01-10.

   (2)   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, pedestrian ways, public right of way, and/or future public right of way.

   (3)   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.

   (4)   Accessory outdoor storage may be located in non-residential zones (except in the Downtown zoning districts) if the following standards are met:

      A.   The outdoor storage shall be screened from view of any adjacent nonindustrial zone or use, public spaces, public streets, and/or the interstate by a solid fence and/or wall with a minimum height of six (6) feet and a maximum height of eight (8) feet.

      B.   If utilizing a storage shed, the shed shall not impede any vehicular circulation route; and

      C.   The shed shall be the same primary color as the primary structure.

   (5)   For industrial properties adjacent to other industrial properties and not visible from a public street or the interstate, outdoor storage areas may be screened with chainlink fencing with slats.

   (6)   An all-weather, concrete or asphalt surface is required in all outdoor storage areas where customers or employees regularly utilize the space for vehicular circulation. The surface shall comply with all Engineering and Fire requirements. Outdoor vehicle storage uses shall pave all drive aisles but may utilize gravel or other approved permeable surfaces on the storage spaces themselves.

   (7)   Outdoor storage of storage sheds ancillary to a hardware store or other building material business, for display or retail purposes, may be located in a parking area but shall not reduce the number of available parking spaces below minimum code requirements, shall not impede any other vehicle use area, shall not block or impede any pedestrian way, and shall not be located within fifty (50) feet of any property line.

   (8)   Outdoor storage areas for materials, general gardening equipment and supplies, (excluding growing plants in the ground or in containers), and mechanical equipment shall be located a minimum of fifty (50) feet from any residential district or use.

   (9)   Outdoor storage of items for sale shall adhere to all other applicable specific use provisions (i.e. Retail Sales - Sales Lots). (Ord. 3670, 4-21-2025)

   (1)   Purpose and Intent: This Article establishes minimum standards and requirements for the construction and occupation of recreational vehicle parks, especially as they relate to adjacent land uses and to the development of the whole community, in order to protect and secure the public health, safety, and general welfare of the City of Caldwell.

   (2)   Required Permits:

      A.   Prior to establishment or operation of a recreational vehicle park in the city, a special use permit must be obtained as set forth in the applicable land use schedule for the underlying zoning district and in compliance with section 10-03-04 of this Chapter. The application for such permit shall be filed with the Community Development Department and shall be accompanied by a fee as set by City Council.

      B.   A special use permit to install a recreational vehicle park shall not be construed as a substitution for the regularly required permits for building, plumbing, electrical or gas installation work.

      C.   Other Permits Required: Building permits shall be required for inspections made of all buildings within the park. The park shall be inspected by the Building Inspector during and after completion of construction of the park and a permit will be required for this inspection. Plumbing and electrical permits shall be obtained prior to construction of those facilities and inspections of the systems and of the individual installations will be made by City-designated inspectors.

   (3)   Authority: The Planning and Zoning Commission or the Hearing Examiner shall have authority to vary any of the provisions of this Article when there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Article.

   (4)   Site Standards:

      A.   The recreational vehicle park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply or adjacent properties.

      B.   With any RV Park submittal, a site plan and landscape plan shall be required that depicts the following at a minimum: boundaries and area of the RV park, connections to existing roadways, internal drive aisles, location and size of vehicle spaces, standard parking stalls, any existing buildings and whether they are to be demolished or shall remain, location and size of public utilities, required and proposed landscaping, and any setbacks.

      C.   The area of the recreational vehicle park shall be large enough to accommodate the designated number of spaces, necessary streets and roadways, parking areas for motor vehicles and service areas, and playgrounds.

      D.   Each recreational vehicle space shall contain a minimum of one thousand two hundred and fifty (1,250) square feet, shall be at least twenty-five feet (25') wide and shall take access from an internal drive aisle. Such spaces shall be clearly defined and marked on each corner with permanent markers. Recreational vehicles spaces shall be designed so that there will be a minimum of fifteen (15) feet between vehicles and so that no vehicle will be less than ten (10) feet from the exterior boundary of the park.

      E.   The minimum fifteen (15) feet of separation between vehicles shall include vegetative groundcover to allow for drainage and a grassy area for each space. At least two hundred and fifty (250) square feet of this area shall be dedicated to vegetative groundcover; the remaining area may be a hardscape surface for other recreational purposes or off-street parking.

      F.   No recreational vehicle shall park in a way that will obstruct any roadway or walkway.

      G.   No recreational vehicle shall be allowed to remain in a park unless a space is available.

      H.   Access roads/drive aisles shall be provided to each recreational vehicle space. Each drive aisle shall be continuous through the site, shall connect with a public right-of-way for property access, and shall have a minimum width of twenty-five (25) feet. No recreational vehicle space shall have direct frontage on any public street.

      I.   Areas shall be provided for the parking of passenger motor vehicles. Such areas shall accommodate at least the number of vehicles equal to the number of recreational vehicle spaces provided. Areas for these spaces may be located within the recreational vehicle space or in a separate off-street parking area.

      J.   Perimeter landscape buffers, a minimum of ten (10) feet in width, are required along the entire boundary. Street landscaping buffers required in 10-02-09, may count towards this requirement. Perimeter landscape buffers shall be landscaped in accordance with the nonresidential land use buffer code in 10-02-09.

   (5)   General Requirements:

      A.   Recreational Areas: At least one hundred (100) square feet of common recreational area per recreational vehicle shall be required. Said recreation area shall be landscaped and maintained in a dust-free condition.

      B.   Storage Areas: Each park may provide at least one hundred (100) square feet of storage area per travel trailer site for the storage of boats, boat trailers, utility trailers and extra vehicles.

      C.   Service Buildings: Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable City and State ordinances and statutes regulating buildings, electrical, and plumbing installations and sanitation systems.

      D.   Driveways: Entrance driveways shall meet any applicable access and offset the requirements of the applicable agency. At a minimum, an entrance driveway shall be located no closer than one hundred fifty (150) feet from any intersection of public streets.

      E.   Secondary Emergency Access: All RV Parks shall also have secondary emergency access a minimum of twenty feet (20') in width. In cases where the entrance driveway is divided by a median planting strip, the minimum width shall be fifty feet (50').

      F.   Density: The number of recreational vehicle sites shall not exceed twenty-two (22) per acre for the net area of the park.

      G.   Water Supply:

         1.   An accessible, adequate, safe, and potable supply of water shall be furnished in each recreational vehicle park capable of furnishing a minimum of five (5) gallons per minute per recreational vehicle space.

         2.   All water piping shall be constructed and maintained in accordance with the State of Idaho regulations for public drinking water systems.

         3.   Fees for connecting to the city water system will be charged in accordance with the waterline extension policy and service costs established by the resolution of the city council.

      H.   Plumbing: All plumbing in the recreational vehicle park shall connect to the public sewer system and shall comply with the plumbing code (See section 12-05 of this code). All sewage disposal apparatuses, including appurtenances thereto, shall be provided, maintained, and operated to not create a nuisance or health hazard. Sewer connection fees for each unit will be the same as for mobile home parks.

      I.   Refuse Disposal: The storage, collection, and disposal of refuse in the park shall be so managed as to create no health hazards, rodent harborage, insect breeding area, accident hazards, or air pollution. All refuse shall be stored in flytight, watertight, rodentproof containers which shall be provided in sufficient number and capacity to prevent any refuse from overflowing. Satisfactory container racks or holders shall be provided and shall be located no more than one hundred fifty feet (150') from any recreational vehicle space.

      J.   Insect And Rodent Control: Insect control and rodent control measures to safeguard public health, as recommended by the Southwest District Health Department, shall be applied in the recreational vehicle park.

      K.   Electricity: The electrical and lighting system and installation of outlets to serve each mobile home shall comply with provisions of the national electrical code (See section 12-07 of this code).

      L.   Fire Protection: The recreational vehicle park shall comply with all uniform fire code regulations and any other requirements of the Caldwell Fire Department deemed necessary for the safe operation of the recreational vehicle park.

   (6)   Inspection of Premises: Properly constituted enforcement representatives shall have the power to enter, at reasonable times and upon proper notification to the manager, the premises of said park for the purpose of inspecting and investigating conditions relating to the enforcement of this Article, or of regulations promulgated thereunder. Enforcement of this Article shall be vested in the Chief of Police of the City upon written complaints made by the Building Inspector, Community Development Director, Fire Chief, Southwest District Health Department Inspector or any of their designated representatives. (Ord. 3670, 4-21-2025)

   (1)   General Requirements for outdoor sales lots such as motor vehicle, marine, farm implement, recreational vehicles, manufactured homes, storage sheds, and similar items are regulated by this section as follows:

      A.   There shall be no strings of flags, pennants, or bare light bulbs permitted.

      B.   An adequate on-site loading and unloading area shall be provided; such area shall not impede vehicle circulation on the site or in an adjoining right-of-way.

      C.   Areas of a lot designated for sales lots shall be set back a minimum of twenty-five (25) feet from any adjacent residential zoning district.

      D.   No outdoor storage of parts, excess product, or other accessories shall be visible from an adjacent residential use or public right-of-way.

      E.   Areas of a lot devoted to outdoor storage and bulk sales shall not interfere with traffic circulation, required parking areas, sidewalks, or pedestrian access.

   (2)   Specific Requirements:

      A.   Sales - New or Used Passenger Truck and Vehicles

         1.   Areas of a lot devoted to outdoor storage and bulk sales shall be paved with asphalt or concrete and free of dust.

      B.   Sales - New or Used Manufactured Homes, Mobile Homes, Modular Homes, and Tiny Homes:

         1.   No vehicles or merchandise for sale shall be displayed within any required Landscape buffers.

         2.   Density. A minimum of 2,500 square feet of lot area shall be required for each dwelling unit displayed for sale.

         3.   Dwelling units displayed for sale may not be placed in any required setback or right-of-way.

         4.   Dwelling units displayed for sale must maintain a minimum ten (10) foot setback on all sides from other units on display.

      C.   Sales - New or Used RV, Boat, ATV/UTV, Motorcycles, and Trailers:

         1.   No vehicles or merchandise for sale shall be displayed within any required Landscape buffers unless approved through an Administrative Determination. If approved to be placed in the required buffer, any display or merchandise shall be a minimum of ten (10) feet behind any pedestrian walkway/sidewalk.

         2.   Areas of a lot devoted to outdoor storage and bulk sales shall be paved with asphalt or concrete and free of dust.

      D.   Sales - New or Used Farm Equipment, Greenhouses, and Storage Sheds:

         1.   Parking: If no business office is located on site, the minimum number of parking spaces shall be no less than four (4) spaces per business on site. The outdoor sales or display of merchandise shall not encroach into areas of required parking, right-of-way, or any landscape buffer areas.

         2.   Paving: An all-weather, concrete or asphalt surface is required in all outdoor storage areas where customers or employees regularly utilize the space for vehicular circulation. The surface shall comply with all Engineering and Fire requirements. Outdoor storage uses shall pave all drive aisles but may utilize gravel or other permeable surfaces on the storage spaces themselves.

         3.   Screening: No more than five (5) storage sheds shall be openly displayed for a sales lot that sells storage sheds; the remaining inventory shall be screened from view of any adjacent nonindustrial zone or use, public spaces, public streets, and/or the interstate by a solid fence and/or wall with a minimum height of six (6) feet. (Ord. 3670, 4-21-2025)

   (1)   A public school and all accessory buildings, structures, and uses that are associated with a school may be considered a permitted use in any residential zoning district, any traditional neighborhood zoning district or any highway corridor zoning district if the facility meets all of the following terms and conditions:

      A.   A school shall not take primary access to or from a state highway; a school’s primary access shall comply with all Caldwell Engineering requirements and may be from any classified roadway or private drive.

      B.   A school and all accessory buildings, structures, and uses shall be set back at least fifty feet (50') from all public rights of way and thirty feet (30') from all side and rear yard property lines and shall not be built in, on, or over any easements or public rights of way.

      C.   A school shall comply with off-street parking requirements listed in section 10-02-05 of this article.

      D.   A school shall not be adjacent to an industrial use, industrial zoning district, railroad, railroad yard, railroad tracks or railroad shops.

      E.   A school shall not be located any closer than one-half (1/2) mile from a fire station.

      F.   A school shall not be located within the airport overlay-1 (APO-1) zone.

      G.   A school shall comply with the international fire and building codes and the city of Caldwell infrastructure policy.

      H.   A school shall not exceed the maximum building height restrictions of the underlying zoning district.

   (2)   Any principal or accessory school building, structure, or use that does not comply with the terms and conditions listed in subsection (1) of this section shall be required to obtain a special use permit.

   (3)   This section shall apply whenever the following is requested: a building permit for new construction; change in use; building addition, alteration, or expansion; or building reconstruction.

   (4)   Newly constructed schools shall provide pedestrian and bicycle access/connectivity points from a minimum of two (2) different places on its property in the form of sidewalks and/or paved ten foot (10') wide pathways.

   (5)   Newly constructed schools shall provide an on-site circulation plan for pedestrians and bicyclists that ensures that these users can safely access the building from all directions and that the site is designed to minimize conflicts between pedestrians/bicyclists and cars and buses. (Ord. 3670, 4-21-2025)

   (1)   Indoor Ranges:

      A.   No indoor shooting range shall be allowed within three hundred (300) feet, measured from property line to property line, of a residential use or district, daycare center, education institution, hospital, library, or nursing or residential care facility.

      B.   Accessory uses including, but not limited to, retail, equipment rental, and restaurants are allowed if designed to serve patrons of the use only.

      C.   Applicant shall submit to the Planning and Zoning Department a sound study prepared by a licensed sound engineer that demonstrates how the proposed use will address the impact of noise on adjoining uses. Any adverse effects found shall be mitigated through setbacks, buffers, sound mitigation, and/or hours of operation.

   (2)   Outdoor Ranges:

      A.   Location Requirements:

         1.   Zoning Districts: Shooting ranges must be located in zoning districts as designated in the applicable land use schedule, away from residential areas and sensitive environments such as schools, parks, and wildlife habitats.

         2.   Buffer Zones: A minimum buffer zone of 500 feet is required from any property line of a residential use.

      B.   Site Plan Requirements:

         1.   A detailed site plan must be submitted, showing the required buffer zone, the layout of shooting platforms, targets, backstops, safety berms, other relevant structures, and topographical details to ensure proper drainage and environmental protection.

      C.   Safety and Security Measures:

         1.   Fencing: The entire perimeter of the shooting range must be enclosed with a security fence of eight (8) feet in height to prevent unauthorized access.

         2.   Signage: Clear and visible signs must be posted around the perimeter, indicating the presence of a shooting range and warning of potential hazards.

      D.   Operational Standards:

         1.   Hours of Operation: Shooting ranges may operate between 8 AM and sunset. Night shooting is prohibited unless specifically permitted through the Special Use Permit process.

         2.   Noise Control: Measures must be taken to minimize noise impact on surrounding areas, including the use of sound barriers and limiting the use of high-caliber firearms.

         3.   Environmental Protection: Proper measures must be in place to manage lead contamination and other environmental impacts.

      E.   Accessibility:

         1.   ADA Compliance: At least 5% of shooting positions must be accessible to individuals with disabilities, with appropriate turning space and access routes. (Ord. 3670, 4-21-2025)

   (1)   Purpose And Intent: The purpose of this section is to protect the health, safety, and welfare of the city of Caldwell and its residents. This section is not intended to prohibit or hamper speech, which is protected by the first amendment, but merely to regulate specific activities which are commercial in nature.

   (2)   Definitions: See Section 10-01-10 of this chapter.

   (3)   Applicability: All temporary uses as identified in this section shall be subject to the terms, standards, regulations, and conditions of this section as set forth herein. It shall be unlawful for any person or party to establish, maintain, operate, or have a temporary use on property in the City of Caldwell except in accordance and compliance with this section.

      A.   Any use that is operated from a trailer or other nonpermanent structure, other than mobile food units, shall be considered a temporary use and comply with this section.

      B.   Regulation(s), Exceptions, and Allowances. The provisions of this section shall not apply to temporary uses including:

         1.   Uses that require Planning and Zoning Commission and/or City Council approval if they are a principal or accessory use in that zoning district.

         2.   Mobile Food Units as defined in 10-01-10 and regulated in 10-12-03-26 of this Article.

         3.   Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to or solicit orders for delivery, from local retailers, local businesses, local governments, local schools, or local wholesale firms.

         4.   The sale of farm or garden products at a farmers’ market event or the operation of a farmers’ market itself.

         5.   The sale of newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper.;

         6.   The occasional sale of admission by local school students to a function of their school or fundraising sales by local service groups or clubs such as Elks, Kiwanis, Lions, Rotary or Boy or Girl Scouts.

         7.   Any political group seeking funds or membership, conducting a political rally, or election activity.

         8.   Garage, yard or similar sales lawfully conducted by individuals at their residence or place of business (such sales are regulated in part by this Code).

         9.   Private community center events. Such shall include craft and art shows, meetings, exhibitions, and similar events.

         10.   Any activity conducted as a “special event” as sponsored and so identified by the City of Caldwell.

         11.   Curbside lemonade stands(s) operated by persons under the age of 18 years in front of their own residence using a few chairs, a table, and supplies.

         12.   Charitable/benefit car wash(es), bake and rummage sales, one-time annual events on a single lot/parcel for no longer than seven days’ duration from said person as conducted only by churches, recognized 501(c)(3) nonprofit organizations, service clubs, schools or ancillaries thereto for the purpose of fundraising.

         13.   Idaho Youth Games.

         14.   Public events conducted at city parks.

         15.   Events conducted at Indian Creek Plaza, Wolf Field, O’Connor Field House, Canyon County Fairgrounds, Simplot Stadium or other similar city or county owned facility or event center, including equestrian events and concerts.

         16.   Weddings and funeral ceremonies conducted at churches, cemeteries, private facilities, and residences.

         17.   On premises sales of garden produce or any other product cultivated on the site is exempt and falls under the land use definition of “Farmstand - Persona”.

         18.   Any other similar temporary uses as to those specified above and as approved or exempted by the director or his/her designee.

   (4)   Permits Required:

      A.   Temporary use permits; required.

         1.   No person shall engage in the temporary use of land or construct, place, or set up a “temporary use”, as defined in 10-01-10, without first procuring a temporary use permit and certificate for said use, unless otherwise noted in this section.

         2.   Application submittal. Any person seeking a temporary use permit shall file a completed application, checklist, and all appropriate fees, with Planning and Zoning on forms prescribed by the department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request, which may include a request for a copy of a temporary use vendor’s sales tax exemption number or certificate to verify legitimacy.

      (A)   Property owner permission: The written permission of and indemnification by the property owner or owners on a form provided by the City shall be required in order to operate a temporary use on property within the City.

      B.   Temporary use permit approval: A temporary use permit approval and certificate shall not exempt or otherwise excuse the applicant from complying with all other applicable city, county, state, or federal regulations pertaining to the type of activity the applicant will be conducting under such certificate.

         1.   It shall be unlawful for any temporary use or sign to be placed within a street, public right-of-way, vision triangle, required setback area, dedicated trash dumpster location, sidewalk, public right-of-way, publicly owned parking lot, any park or other property owned by the city or any other public agency, street landscape buffer area, or any other position on a lot which may substantially interfere with vehicle or pedestrian circulation, emergency access or the normal functions of other uses on the property, or be potentially hazardous to the public, unless otherwise allowed through the approval of a right-of-way permit as noted in this section. Placement of any and all facilities and signage associated with a temporary use must be on private property, outside of any street landscape buffer areas, in any commercial zone or industrial zone, unless otherwise noted herein.

         2.   All of the regulations set forth herein shall apply in the same manner along a Parade Route during a city sanctioned parade, as at any other time, including the prohibitions against placement of any temporary use, or sign in the areas and locations described in the preceding paragraph.

   (5)   Temporary Use Standards:

      A.   Transient Merchants:

         1.   Transient merchants includes, but is not limited to any person who engages in a temporary business of selling, trading, offering for sale or trade, or displaying for the purpose of sale, trade, or giveaway any goods, wares, merchandise, or services within City limits and who in the furtherance of such purpose, hires, leases, uses or occupies any premises, including any parking lot, within the City for the purposes of conducting said temporary transient merchant business.

         2.   The proposed transient merchant use or facility shall be commercial in nature.

         3.   Locations allowed. Transient merchants are permitted only on commercial or industrial zoned property, and shall be prohibited from locating on residentially zoned properties, properties within the D-CC, D-CB or T-N Zone, and in any location where the city has reasonable grounds to believe that establishment and/or operation of the proposed temporary use would have a negative impact on the surrounding properties or neighborhoods.

         4.   Duration, frequency and hourly time limits. Time allotted to/for transient merchant operation(s) shall be as follows:

            (A)   Shall not be allowed to locate on any given lot or parcel for longer than seven (7) calendar days. A parcel of land shall be limited to a maximum of four (4) such sales during any calendar year, with no sales occurring within the previous thirty (30) calendar days; and

            (B)   Shall only operate between the hours of 7:00 a.m. and 11:00 p.m. from an approved location; and

            (C)   No more than one transient merchant use may or shall be established/allowed and operated from any given eligible lot/parcel at a time. It shall be illegal for more than one transient merchant to locate on an eligible lot/parcel at the same time;(This does not and shall not prevent a lot/parcel from being host to an approved seasonal/holiday temporary use in accordance with the regulations/allowances established in this section for such types of temporary uses.)

         5.   Use and operation regulations. The following land use regulations shall govern all transient merchants.

            (A)   Transient merchants are required to have a temporary use permit in order to lawfully operate within the City of Caldwell.

            (B)   No temporary use shall consist of more than one structure, cart, table, trailer, motor vehicle, tent, or any other form of offering, displaying, or storing goods and/or services, per vendor.

            (C)   No structure shall exceed twelve feet (12') in height.

            (D)   No structure shall exceed thirty feet (30') in length.

            (E)   No structure shall exceed nine feet (9') in width.

            (F)   Placement of a structure(s), merchandise, and/or vehicles related to/part of a transient merchant use or operation, within a required setback shall be prohibited unless specifically approved in writing by the Director or his/her designee on a case-by-case basis where no peril to health, safety or public welfare is foreseen or expected in connection with allowing setback intrusion; and

            (G)   Notwithstanding the foregoing, no structure(s), merchandise, or vehicle(s) related to/part of a transient merchant use or operation shall be allowed to be placed or parked in a required vision triangle, in or blocking an area of a service drive required to permit legal ingress into or egress from a lot/parcel, over or blocking an ADA parking space, over or blocking a public sidewalk, blocking access to a trash dumpster, too close to a fire hydrant, adjacent a section of curb painted and designated as reserved for fire department use, in a position to obscure a city traffic regulation sign, in or overhanging a public right-of-way, or in or overhanging a public easement.

      B.   Fireworks Sales:

         1.   No person, without having a valid non-aerial common fireworks permit issued pursuant to the Caldwell Fireworks Ordinance, shall offer for sale; possess or store for the purpose of sale; sell; cause to be offered for sale; cause to be possessed or stored for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose.

         2.   Application for a non-aerial common fireworks permit shall be made to the City Clerk in accordance with Chapter 8, Article 11 of Caldwell City Codes.

      C.   Job, Hiring and Construction Trailers/Shacks:

         1.   Locations allowed. On job sites including one (1) per subdivision or development, or one (1) per commercial, institutional, mixed-use, or industrially zoned construction site.

         2.   Duration and hourly time limits. Job, hiring and construction trailers/shacks may be in use for a period of time as requested by the applicant and agreed to by the planning director or his/her designee but not to exceed a period of three hundred and sixty-five (365) calendar days unless an extension to that time frame is granted by the city. (Complaints regarding the operation of the use from neighbors shall serve as grounds to deny requests for extensions).

         3.   Land use and operation regulations. The following land use regulations shall govern all job, hiring and construction trailers/shacks:

            (A)   Shall only be those mobile units designated as “commercial coaches” which bear the label of the State of Idaho Division of Public Safety. This label shall designate the unit’s approval number, occupancy group classification and construction type as specified in the International Building Code (IBC);

            (B)   Shall only be placed on a property for which a building permit has been issued against the same property; and

            (C)   Shall only be accessed by employees, potential employees, customers, contractors, subcontractors, inspectors, builders, or developers working directly with/on construction of site improvements being made on the property where on the job, hiring and construction trailer/shack is placed.

      D.   Model Home - Sales and Leasing Office:

         1.   A temporary model home sales and leasing office is permitted within a model home provided, the area for the sales and leasing office is within a structure built as a house that will, at some point, be used as a residence but is temporarily being used as a model home office with a temporary occupancy permit only. The area used for the model home office shall be limited to the garage only and it shall not exceed five hundred (500) square feet, unless specifically stated otherwise in the application.

         2.   Locations allowed. Shall only be located on a lot or lots in a residential subdivision to which they appertain assuming that said subdivision’s covenants, conditions, and restrictions (CC&Rs) do not disallow them.

         3.   Duration and hourly time limits. Model Home Sales and Leasing Offices are permitted to operate from fifteen (15) days before homes are offered for sale until fifteen (15) days after all homes or home sites within the development are sold.

         4.   Use and Operation Regulations: The following land use regulations shall govern all model home sales offices:

            (A)   Shall be exclusive to the subdivision within which they are located, excepting however in those instances where the broker, contractor and developer are the same company. They may, in such instances, serve as a temporary office for the broker/contractor/developer (but still must be removed/converted back into a home when the subdivision is finished).

            (B)   Shall serve for execution of real estate business only and not for other commercial or retail transactions or uses including builders’ or contractors’ offices.

            (C)   Shall provide/have two legal on-site parking spaces.

            (D)   Shall, in addition to the signage allowances prescribed by this section be entitled to have one freestanding temporary sign no larger than thirty-two (32) square feet in area and eight (8) feet in height.

            (E)   Shall not have outdoor display or storage of building materials or fixtures unless the same is intended to allow for equipment and material that are ancillary to the development under construction (which may be one building lot/parcel up through a multiphase development with various lots encompassed therein). In such cases where storage is present, then it shall not be allowed in front of the sales office or trailer relative to the street and shall be otherwise screened from view of the street and shall not be composed of garbage, refuse, junk or salvaged materials.

            (F)   Homes so utilized shall maintain their original appearance and shall be converted back into sellable residences when no longer in use as sales office space.

      E.   Donation Containers / Storage Pods:

         1.   Applicability. This includes, but is not limited to, pods, intermodal containers, trailer boxes, cvans/milvans, and large containers of like type, form, construction, material and/or function.

         2.   Locations allowed:

            (A)   Shall not be located in front of a/the principal structure(s) on the property on which the containers/pods are emplaced unless it is demonstrated to the satisfaction of the director or his/her designee that there is no other suitable location on the property to temporarily position the container. For temporary containers/pods being used in conjunction with moving into or out of a dwelling unit, the container/pod may be located in front of the principal structure so long as it is in compliance with all other provisions listed herein.

            (B)   Shall not be allowed to be placed on any paved street unless parking is allowed along that street already by code, and the container projects from the closest curb line of the street no farther than nine feet into the street, and the container is properly identified with reflectors and/or other safety device; and a general right-of-way permit is first applied for and approved by the city engineering division;

            (C)   Shall not be located on a city sidewalk, nor block a city sidewalk; and

            (D)   Shall not be located in an alley, nor block an alley, nor located on a service, common or shared drive or block a service, common or shared drive.

         3.   Duration, frequency, and hourly time limits:

            (A)   When used in conjunction with moving into or out of a permanent structure (e.g., a house), containers/pods shall be limited to being used on the site or on an adjoining site for seven (7) days. No temporary use permit or fee shall be required for containers used in this fashion. For containers/ pods exceeding the seven (7) days, a temporary use permit is required.

            (B)   When used for emergency storage on a residential property, the containers/pods shall be limited to thirty (30) days one time in a calendar year. Temporary use permits are required.

            (C)   When used for or on commercial or industrial property (e.g., when used by a store to keep extra merchandise during a national holiday), the container/pod shall be kept at the site for no more than thirty (30) days at a time, two (2) times per calendar year. Temporary use permits are required.

         4.   Use and operation regulations. The following land use regulations shall govern all containers/pods:

            (A)   Containers/pods shall not cover or block any “code required” parking spaces/stalls including and especially ADA accessible parking spaces or their associated loading/unloading areas;

            (B)   Containers/pods shall not be placed within a required setback/yard area as established by the land use zone in which they are located or proposed to be located;

            (C)   Container/pods shall not be placed in or over any established/recorded easements;

            (D)   Containers/pods shall not be stacked one on top of another;

            (E)   Containers/pods shall not be used for welding, vehicle body repair, customization, or paint shops/facilities/booths (or, in any event, for conducting of those activities);

            (F)   Containers/pods shall not be allowed to be used as accessory structures on any lot/parcel.

            (G)   Containers/pods shall not be allowed as permanent structures unless otherwise noted within the land use tables in this chapter.

      F.   Temporary Housing:

         1.   Type. Temporary housing shall either be a mobile or manufactured home structure, or recreational vehicle as regulated in this subsection. It shall be illegal to use any other form of mobile vehicle (e.g., buses) as, or for, a temporary residence.

         2.   Locations allowed:

            (A)   Temporary housing shall be allowed on legal building lots/parcels located in zones wherein a single-family house is allowed by right according to this chapter during the construction of a primary dwelling.

            (B)   Temporary housing shall be allowed on legal building lots/parcels where a legal primary residence exists, while the primary residence is being repaired or remodeled.

            (C)   Use of a temporary residence for other than the above two stated purposes shall not be allowed.

         3.   Duration, frequency, and hourly time limits:

            (A)   Temporary residences used while the permanent home is being built shall be allowed for a maximum period of three hundred sixty-five (365) calendar days from the date of approval. One 180-day extension may be requested and approved for such uses.

            (B)   Temporary residences used while the primary residence is being repaired or remodeled shall be allowed for a maximum period of one-hundred eighty (180) calendar days from the date of approval.

         4.   Use and operation regulations. The following land use regulations shall govern all temporary residences:

            (A)   Temporary residences require a temporary use permit and shall also require a separate building permit prior to placement on any lot or parcel within the city.

            (B)   In placing any temporary residence, required setbacks shall be complied with, height regulations of the zone wherein the structure is intended to be placed shall be complied with, minimum structure separation and adequate fire protection shall be maintained, any utility service provided shall require installation or hookup approval in accordance with city adopted codes.

   (6)   Additional Regulations and Conditions for Temporary Uses: These regulations are in addition to (as applicable) and not in lieu of those specific standards in subsection (5) of this section.

      A.   Operation and Maintenance of Temporary Use:

         1.   No temporary use shall consist of more than one (1) form of offering, displaying, or storing goods and/or services, per vendor.

         2.   No more than one (1) temporary use shall be allowed/located on a property at a time unless one of the uses is a mobile food unit / vendor use, in which case the specific use provisions outlined in 10-12-03-26 for Mobile Food Unit Parks shall be applicable.

         3.   Temporary uses must at all times be placed or parked in a legal manner.

         4.   Temporary uses that are businesses shall not move from the site during the course of their certification period unless it is to refill fluids such as propane, or similar, necessary for the operation of the business or for other necessary repairs or maintenance to the vehicle that are unable to be made on site. Planning and Zoning must be notified at least one business day prior to movement and shall be given the reason for the movement, how long the vehicle will be away from the site and when the vehicle will return to the site. The vehicle must return to the site in conjunction with the time frame given to Planning and Zoning. The vehicle must return to the site in the exact location as it was previously. Violation or noncompliance of any of these requirements will result in immediate revocation of the certificate unless there are extenuating circumstances as determined and approved by the Director or his/her authorized designee.

         5.   Hard surface for a Base: Temporary uses shall be located on a noncombustible surface (i.e., only gravel, concrete, or asphalt) and must be at least twenty-five feet (25') away from combustible materials (e.g., weeds patches, board fences and permanent structures).

         6.   Accessibility. Temporary uses shall provide adequate accessibility as required by ADA standards.

         7.   Garbage and Debris: Every person who receives a temporary use shall clean up all garbage or debris caused by his or her temporary use facility, transient merchant facility, or mobile food unit, and shall clean up within a twenty-foot (20') radius of the facility or unit both daily and immediately upon cessation of such use. Every temporary use must include trash receptacle sand regular trash service or must receive written permission from the applicable property owner to use the trash facilities located upon the property on which the use is being conducted. The site plan submitted with the permit shall show the location of trash receptacles or method of trash disposal.

         8.   Sanitary Facilities. Temporary uses must provide a sanitary sewage treatment plan. Wastewater may not be dumped or discharged on the premises, adjacent properties, or public right-of-way. If the applicant proposes the use of any sanitary sewage facilities located on private property, the applicant shall provide written evidence of an agreement between the proprietor/operator of the temporary use and the owner or property landlord of the lot/parcel whereon the temporary use is proposed, that access to sanitary facilities will be made available to persons working in/at the temporary use via those facilities on site in a primary structure/use already located on the same site.

         9.   Source of Power: No temporary use shall connect to any electrical outlets or sources of power without having first received written permission from the property owner on which said outlets or sources of power are located.

         10.   Weapons Sales; Prohibited: None of the temporary uses regulated by this section shall engage in the sale of any weapons.

         11.   Impacts to Surrounding Property: Anyone operating a temporary use shall do so in a manner that does not create excessive noise, light, dust, nuisance, or other detriment to the quiet enjoyment of property in the vicinity.

         12.   Appearance: All temporary uses shall have a clean appearance at all times.

         13.   Temporary uses as Principal or Permanent Uses: No temporary use shall be allowed to occupy a vacant lot/parcel by itself (thus becoming, effectually, the primary/principal use of that property). No temporary use shall be allowed to remain established on or operate from a lot/parcel longer than the time periods allotted to said use by this section or by the terms and conditions of a temporary use permit issued to that use and its proprietor, whichever is more restrictive.

         14.   Removal: After the termination of the temporary use, the site shall be restored to its prior condition by the removal of the any structures, debris or refuse associated with the temporary use. Guarantees for timely removal may be required if there is a material risk of negative impacts on nearby properties or the City if such removal does not occur. (Ord. 3670, 4-21-2025)

   (1)   A Tobacco and Vape Shop, or similar, business shall not be located within three hundred (300) feet of a property used for a church, daycare, or education service, measured in a straight line from property line to property line of the church, daycare, or education service, unless otherwise determined through the granting of a Special Use Permit from City Council. Applicants must receive waiver authorization prior to submittal of a building permit. This limitation shall not apply to any duly licensed premises that at the time of this standard’s approval did not come within the restricted area.

   (2)   No outside activity or event shall be allowed on the site, except as provided for in the temporary uses of this Article.

   (3)   Hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m. when adjacent to any residential district or use, place of worship, or education service. Modification of these hours may be approved through the special use permit process. (Ord. 3670, 4-21-2025)

   (1)   Purpose: The purpose of this section is to establish guidelines and standards for the construction and placement of all wireless communications facilities (WCF), towers, and their accessories within the City of Caldwell. The goal is to minimize all adverse visual and safety effects on the community by employing collocation innovative design, location, and camouflaging techniques.

   (2)   Applicability:

      A.   This section shall not govern antennas or towers which are used exclusively for the transmission of emergency signals.

      B.   Routine maintenance and minor modifications that do not increase the height of the WCF may be made on preexisting WCFs to allow for collocation, replacement of antennas, or new antennas. Placement of antennas shall be considered routine maintenance, so long as the new antenna does not increase the height of the WCF. All other modifications shall require the WCF to comply with the provisions of this section.

   (3)   Procedure:

      A.   It shall be unlawful for any person to erect, construct, or replace any wireless communications facility (WCF) or antenna within the City without first contacting the city’s Community Development Department to determine the need for any special use permit (SUP) approvals and associated fees that may or may not be necessary prior to obtaining any required building or electrical permits.

      B.   Application: In addition to standard requirements for obtaining a building permit, all applications for the construction, reconstruction, or modification of a wireless communication facility are subject to administrative review and may be subject to a special use permit as determined by the Director. The application submittal must include the following information:

         1.   Applicant’s name, address, and telephone number.

         2.   Carrier’s name, address, and telephone number.

         3.   Documentation from a licensed and qualified engineer showing that the proposed facility will meet or exceed all federal communications commission standards regarding radio frequency emissions and other energy considerations.

         4.   Documentation showing that the proposed facility conforms to all regulations administered by the federal aviation administration, including light and height restrictions (See subsection 10 of this section).

         5.   Documentation of the steps the applicant will take to avoid electromagnetic interference with other communication facilities.

         6.   Written evidence of compliance with all building and electrical codes.

         7.   For new towers only: All new WCFs must obtain a SUP prior to obtaining a building permit. In addition to all information required for an SUP application, WCFs must also include the following:

            (A)   A letter of intent from the owner of the WCF committing the tower to collocation of additional antennas, as set forth in subsection (4) of this section, provided the collocator is agreeable to reasonable terms and conditions for shared use.

            (B)   A report from a qualified and licensed engineer, including his/her stamp and registration number on all items. The report shall describe the proposed facility, and include the following information:

               (i)   A description of the WCF height and design to include a cross section, elevation profile and stabilization method.

               (ii)   The documented height above finished grade for the WCF and positions of all potential collocated antennas.

               (iii)   Lighting plan, if applicable.

               (iv)   The minimum mounting distances for collocated antennas.

               (v)   The tower’s capacity to accept collocated antennas, including the number and types of antennas that may be mounted.

               (vi)   Documentation that the WCF is constructed to meet industry standards, as set forth in subsection (7)H of this section.

               (vii)   Documentation that the WCF and accessory structures will not produce any adverse noise, as set forth in subsection (7)I of this section.

            (C)   A written analysis, demonstrating that the proposed location is the most appropriate within the immediate area and the basis for that determination offered in a narrative format; the analysis shall include:

               (i)   The topography and description of the surrounding area.

               (ii)   Impediments that would obstruct transmissions.

               (iii)   Technical limitations.

            (D)   Proposed or existing roadway access to the WCF.

            (E)   A list of existing WCFs within two (2) miles of the proposed WCF location (from Canyon County development services) to demonstrate in writing that collocation is not feasible on the existing WCFs due to any combination of the following:

               (i)   Existing towers or structures located within the applicant’s search radius are not sufficient in terms of location, height, or structural strength.

               (ii)   The proposed collocation of an existing tower or facility would be in violation of any local, state, or federal law.

               (iii)   The unwillingness of another tower or facility owner to entertain the shared use.

               (iv)   The fees, costs, or contractual provisions required to share or adapt existing WCFs, and structures located within the existing zones that meet applicant’s needs are unreasonable. For the purposes of this section, unreasonable costs are those determined to exceed the costs of a new tower development. Contractual provisions will be reviewed on a case-by-case basis.

               (v)   The applicant’s proposed antenna would cause electromagnetic interference with the antenna located on the existing WCFs or the existing antenna would cause interference with the applicant’s proposed antenna.

               (vi)   The applicant demonstrates that there are other limiting factors that prevent collocation.

      C.   Additional Information Provided: The city may require the applicant to provide additional information about the WCF or antenna beyond the information required above. Additionally, the city may retain a qualified consultant at the applicant’s expense for review purposes.

   (4)   Collocation: Collocation is encouraged for its visually enhancing attributes and its potential to minimize land use impacts.

      A.   Minor modifications that do not extend the height of the WCF may be made on preexisting WCFs to allow for collocation.

      B.   Any collocation that increases the height of a WCF shall require an administrative review as described above and shall be subject to an independent building code review and permit process.

      C.   The maximum height of new antennas mounted on preexisting structures in order to accommodate collocation shall not exceed eight feet (8') above the height of the existing structure, or eight (8) feet above the maximum allowable height (if there is one) in the underlying zone, whichever height is greater.

      D.   If an antenna is collocated on a public utility, such as a power pole, the applicant must provide documentation from the utility stating that it does not object to the collocation.

      E.   An existing utility pole may be replaced with a taller pole to accommodate collocation, provided that the owner or person who otherwise controls the pole finds it to be acceptable.

      F.   If the owner or person who otherwise controls a WCF shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be considered a nonconforming structure and shall not be altered, expanded, or extended in any respect, as set forth in section 10-02-08, “Nonconforming Uses”, of this article unless such changes are made to accommodate additional carriers.

      G.   Antennas may be attached to light standards, power line support devices, or flagpoles, provided the owner or authority agrees in writing to such placement. The applicant must provide verification from a qualified and licensed engineer that the antenna placement will not create safety hazards and is compatible with the item’s structural integrity.

   (5)   Preexisting WCFs And Antennas:

      A.   A notice of continuing use must be filed with the Caldwell planning and zoning department by the owner/operator for all WCFs or antennas existing prior to the effective date hereof, certifying that the structure continues to be used as a WCF or as an antenna. Failure to file a notice of continuing use within one year of the effective date hereof and provided the carrier has been notified sixty (60) days in advance of that notice deficiency shall constitute abandonment.

      B.   Once a notice of continuing use is filed, the WCF or antenna shall then be considered a preexisting use and shall be allowed to continue to be used as it presently exists.

      C.   For the purposes of this subsection, all antennas and WCFs that have received final approval in the form of a building permit prior to the effective date hereof shall be considered existing.

      D.   A WCF may be rebuilt at a new location on the same site in a nonresidential zone through an administrative review process, providing that its new location adheres to the aesthetic zone requirement described below in subsection (6). The existing WCF must be removed within six (6) months of the approval of its replacement. The owner(s) of the existing tower must agree to pay fees incurred by the city to remove the WCF should they fail to comply with the removal procedures. This removal agreement will be a condition of approval.

   (6)   Height And Setbacks: Towers and antennas, where specially permitted, shall comply with the following height and setback limitations. For purposes of land use, height, and setback considerations, land is divided into residential, nonresidential, and public rights-of-way:

      A.   Setbacks:

         1.   Aesthetic Zone: A circle centered around the center of the base of the WCF and whose radius is the height of the WCF when in a residential zone or ½ the WCF height when in a nonresidential zone.

            (A)   Aesthetic zone requirements shall only apply to large scale facilities such as tower, monopole, and other similar style facilities.

            (B)   The aesthetic zone shall be located entirely on the same parcel as the WCF, and therefore increase the minimum setback distance from the property line beyond other code minimum setback requirements.

            (C)   No permanent structures shall be located within the aesthetic zone that are not directly associated with the WCF (i.e. fences, storage sheds, etc.) unless it is a non-enclosed structure (i.e. carport, gazebo, etc.).

            (D)   The aesthetic zone shall be visually enhanced with landscaping or decorative fences/walls in a manner that shields the bottom of the structure and any ancillary equipment from view of adjacent properties or public rights-of-way.

            (E)   A WCF is exempt from the aesthetic zone provisions if the height of the WCF does not exceed the maximum height provisions (if any are established) of the underlying zoning district by more than 25%.

         2.   Setback Restrictions: Each of Caldwell’s land use zones has an accompanying setback restriction. WCFs not subject to the aesthetic zone requirements shall meet the setback requirements of the underlying zone.

         3.   Small-scale facilities that receive approval from the appropriate jurisdiction or agency to be co-located in the public right-of-way on an existing utility, light, or street pole are exempt from the setback requirements.

      B.   Residential Zones:

         1.   WCFs are permitted to be a maximum height of eighty feet (80'). This residential limit is based on the average height of a mature tree in Caldwell.

         2.   The eighty-foot (80') height limitation may be extended by means of a height bonus, up to one-hundred (100) feet in height, as a collocation incentive, provided the height addition does not exceed the parcel’s ability to meet the underlying aesthetic zone.

         3.   A residential parcel cannot be rezoned to a nonresidential parcel for the purpose of constructing a WCF to a greater height.

         4.   No variance or administrative exception is available to extend the WCF beyond the noted height provisions.

         5.   WCFs must comply with all airport height restrictions.

      C.   Nonresidential Zones:

         1.   WCFs will be restricted to a maximum height of two-hundred feet (200').

         2.   WCFs shall also be subject to any height restrictions related to the airport zone or airport overlay districts.

         3.   WCFs located in a nonresidential zone must be set back from any abutting residential zone a distance equal to the height of the WCF as a means to further buffer incompatible uses.

      D.   Public Rights-Of-Way:

         1.   Only small-scale facilities may be located in a public right-of-way, no tower or monopole style facilities are permitted.

         2.   Small-scale facilities may be co-located on existing utility, light, or street poles and shall not extend more than six feet (6') above the existing pole.

         3.   Antennas located on street poles shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. An antenna not flush mounted on the side of the street pole shall be centered on the top of the street pole to which it is attached and camouflaged or disguised

         4.   No wireless communication equipment shall be mounted on any decorative pole located in the right-of-way.

         5.   Facility locations mid-block should be prioritized over intersection locations whenever feasible.

         6.   When located within a city right-of-way, wireless communication facilities shall not impede existing and future facilities, including sidewalks, stormwater infrastructure, water infrastructure, and electric infrastructure, and other infrastructure included in adopted city plans.

      E.   Accessory Structures:

         1.   Large-Scale facilities: No structure accessory to a WCF or antenna shall be more than twelve feet (12') in height and shall not have more than two hundred fifty (250) square feet of gross floor area per carrier to a maximum of one thousand (1,000) square feet in total gross floor area for accessory structures.

         2.   Small-Scale: All accessory equipment associated with the antenna cumulatively shall not exceed more than twenty-eight (28) cubic feet in volume.

      F.   Historic Properties: All WCFs must be set back four hundred feet (400') from any property listed on the national register of historic places. The planning and zoning director may reduce the setback after consultation with the historic preservation commission, provided the WCF is creatively designed so that it will not detract from its surroundings.

      G.   Prohibition: WCFs are prohibited within three hundred feet (300') of parcels with hospitals, daycares, schools, and institutions of higher education, for the purpose of allaying possible safety concerns. This restriction may be waived if written authorization for the placement of the WCF is received from the affected hospital, school, and/or institution of higher education.

      H.   Conflict: If there is a conflict between setback requirements, the greater setback shall prevail.

   (7)   Uses:

      A.   A WCF may be considered the principal or accessory use.

      B.   A WCF may be placed on a land parcel with a preexisting land use if the uses are compatible. It is the responsibility of the applicant to prove to the planning and zoning director’s satisfaction that the uses are compatible.

      C.   If an applicant is seeking to place a WCF on a land parcel already subject to a special use permit, it may be a basis for denying the application.

      D.   A temporary WCF or antenna erected for test purposes, emergency communication, or for broadcast remote pickup operations shall not require a building permit or special use permit. The temporary period must be established and approved as part of an administrative review prior to the placement of the WCF or antenna.

   (8)   Design:

      A.   Installation:

         1.   Large-Scale Facilities:

            (A)   WCFs that are one hundred feet (100') in height, up to and including one hundred twenty-five feet (125') in height shall be structurally designed to accommodate at least two (2) service providers.

            (B)   WCFs that are between one hundred twenty-five feet (125') and one hundred fifty feet (150') in height shall be structurally designed to accommodate at least three (3) service providers.

            (C)   WCFs that are one hundred fifty feet (150') in height or greater shall be structurally designed to accommodate at least four (4) service providers.

         2.   Small-Scale Facilities:

            (A)   Small scale wireless communication antennas mounted on buildings shall blend with the existing building’s architecture by painting or shielding with material which is consistent with the design features and materials of the building.

            (B)   Roof attached facilities shall not extend five feet (5') above the highest portion of the roof, except for the wireless antennas and support systems for whip antennas, which shall not extend more than ten feet (10') above the highest portion of the roof.

            (C)   Facilities attached to a building roof shall be setback a distance equal to the facility height or ten feet (10') from the building roof edge, whichever is more.

            (D)   Facade attached facilities shall not exceed five feet (5') in height above the facade to which it is attached.

            (E)   The maximum horizontal projection for a wireless communication facility attached to a building façade is eighteen inches (18").

            (F)   Antenna shall fit in an enclosure no greater than 9 cubic feet in volume.

      B.   Materials:

         1.   Colors, materials, textures, screening, and landscaping shall be used to blend the WCF into the natural setting and/or the built environment and shall be approved by the city as a part of the review process.

         2.   Metal towers shall be treated with corrosive resistant materials; wood poles shall be treated with a rot-resistant application.

      C.   Lighting: No antenna or WCF shall have stationary lights, strobe lights, reflectors, flashers, or other illumination devices attached to it except during times of repair or as specifically required by the federal aviation administration, the federal communications commission, or other agencies of jurisdiction. If lighting is required, the design chosen must cause the least disturbance to the surrounding views.

      D.   Location Standards:

         1.   No freestanding wireless communication facilities, including equipment enclosures shall be located between the face of a habitable building and a public street, trail, or park.

      E.   Signage: Signs, including advertisement, are prohibited on WCFs, other than to provide warning or equipment information.

      F.   Access:

         1.   Climbing pegs shall be removed from the bottom twenty feet (20') of the WCFs and replaced only for maintenance purposes to discourage use by unauthorized persons. Climbing guards shall be placed on conduit risers to prevent climbing of underground risers.

         2.   All WCFs shall be surrounded by a security fence as a means of further deterrence. The security fence shall not exceed a height of six feet (6') in a residential zone or eight feet (8') in all other zones. The fence shall have a locked gate and shall be at least eighty-five percent (85%) opaque. Landscaping may be required as a condition of approval.

      G.   Identification: A sign no larger than two feet (2') in height or width shall be mounted on the outside of the security fence identifying the owner of the tower and a contact number.

      H.   Compliance:

         1.   The WCF design shall comply with all applicable building and electrical codes, as administered by the city building official.

         2.   All WCFs shall be constructed to the telecommunications industry association/electronic industries association (TIA/EIA) 222 revision F standard entitled “Structural Standards for Steel Antenna Supporting Structures” or as may be amended.

         3.   All towers must meet or exceed current standards and regulations of the federal communications commission, federal aviation administration, or other agencies of jurisdiction regulating WCFs. If the standards and regulations change, the WCF shall come into compliance with them within six (6) months. The failure to bring towers and antennas into compliance with new standards and regulations in a timely manner will constitute grounds for removal of the WCF at the owner’s expense.

         4.   If a WCF is built on an undeveloped lot, it may be required to come into compliance with other land use requirements such as placement of curbs and gutters.

      I.   Noise: The WCF and accessory structures shall not produce noise levels separately or accumulatively above forty-five (45) decibels as measured from the nearest property line on which the WCF is located.

   (9)   Abandoned Towers:

      A.   The owner of any WCF must notify the Caldwell planning and zoning department in writing within thirty (30) days that a WCF is no longer operational. Any WCF not operated for a continuous period of twelve (12) months shall be considered abandoned.

      B.   A nonoperational WCF shall be removed within six (6) months of the city’s determination that the structure is abandoned or nonoperational.

      C.   If a WCF and accompanying facilities are not removed within six (6) months, they may be removed by the city and the associated costs assessed against the property.

      D.   The abandonment provision shall become effective when the WCF has no operational component.

      E.   Determination of the date of abandonment shall be made by the planning and zoning director based upon documentation and/or affidavits from the WCF or antenna owner/operator regarding the issue of usage.

   (10)   Airport:

      A.   Any construction sponsor is required to submit a notice to the city, federal aviation administration (FAA), and Idaho transportation department, division of aeronautics, if the construction exceeds the following:

         1.   If the proposed object would be more than one hundred fifty feet (150') above ground level at its location.

         2.   If the proposed object would be within twenty thousand feet (20,000') and would exceed one foot (1') in height for each one hundred feet (100') horizontally from the nearest point of the nearest runway.

      B.   The preferred form of notification is the FAA form 7460-1; this form needs to be filled out in full and include all recommended attachments.

      C.   An antenna tower will be prohibited if its height exceeds the following:

         1.   Any of the imaginary surfaces as defined by federal aviation regulation part 77 for the most demanding future approach anticipated for the airport,

         2.   Any of the surfaces as defined by FAA handbook 8260.3, “United States Standards For Terminal Instrument Procedures” (TERPS) for the most demanding future approach anticipated for the airport,

         3.   If it is determined to be a hazard to air navigation by the FAA.

      D.   Any antenna tower will be marked and lighted in accordance with FAA advisory circular 70/7460-1K change 1 if it is determined that:

         1.   It is a hazard to air flight as defined by Idaho Code 21-513 through 21-520 and Idaho transportation department rule 39.04.02,

         2.   It is one hundred fifty feet (150') above ground level at its location,

         3.   Lighting and marking is recommended by either the FAA or the Idaho division of aeronautics.

      E.   The city will use the obstruction determinations prepared by the federal aviation administration and the Idaho division of aeronautics as their own for the purposes of administering these height restrictions.

   (11)   Other:

      A.   The placement of WCFs in historical designated areas and within one hundred feet (100') of future designated presentation streets is discouraged and may subject the WCF to additional requirements.

      B.   In addition to the conditions imposed by this chapter, the planning and zoning commission and/or the hearing examiner reserve the right to attach additional conditions, to include specific placement provisions, time durations, and financial bonds.

      C.   In the event that police, fire, ambulance, or other emergency services experience interference attributable to the transmissions of a WCF or antenna, the antenna or WCF will be considered to be in violation of this section and the service provider shall immediately reconcile the conflict and provide the municipality a written correspondence explaining the actions that were taken to pronounce remedy. (Ord. 3670, 4-21-2025)