(4)   Annexations; City Initiated: City-initiated annexations shall be initiated and processed according to Idaho Code § 50-222.

   (5)   Annexations; Owner-Consented: Owner-consented annexations shall be processed according to Idaho Code § 50-222 and this section.

      A.   Neighborhood meeting required. Any person seeking annexation for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12 of this chapter.

      B.   Application Submittal. Any person seeking annexation shall file a completed application, checklist, and all appropriate fees, with 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. Annexation requests not accompanied by a special use permit, planned unit development, or subdivision preliminary plat must include a conceptual development plan as required by the Department. All applicable fees must be paid prior to formal acceptance of any application.

      C.   Public Notice and Hearings. The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12 of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.

         5.   In the case of a city-initiated annexation, the decision of a city council to annex and zone land shall be subject to judicial review in accordance with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant to the standards set forth in section 67-5279, Idaho Code.

      A.   For properties requesting use of city utilities, whereby the parcel(s) are not contiguous to city limits, but intend to annex at a future date when contiguous, the applicant must consent and request annexation by a binding agreement in accordance with Caldwell City Code and the submission of a pre-annexation application, which shall run with the land to which it appertains so that the same shall operate as a written request for annexation when the property can be legally annexed. (Ord. 3576, 3-19-2024; amd. Ord. 3642, 1-21-2025)

      B.   Application. Any person seeking an amendment to the text of this zoning ordinance, or to the official zoning map, shall file a completed application, checklist, and all appropriate fees, with 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. Requests not accompanied by a special use permit, planned unit development, or subdivision preliminary plat must include a conceptual development plan as required by the Department. All applicable fees must be paid prior to formal acceptance of any application.

         4.   The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone. (Ord. 3576, 3-19-2024; amd. Ord. 3642, 1-21-2025)

   (1)   Purpose. The purpose of this section is to establish procedures for comprehensive plan amendments, including amendments to the future land use map.

   (2)   Initiation Of Proceedings:

      A.   Amendments to the text of the comprehensive plan may be initiated by the city council, the planning commission, or the planning director.

      B.   An amendment to the comprehensive plan map may be initiated by the city council, the planning commission, the planning director, or by an application of one or more of the owners of property affected by the proposed amendment.

   (3)   Amendment Application Procedures:

      A.   Neighborhood Meeting Required. Any person seeking an amendment to the comprehensive plan map for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12 of this chapter.

      B.   Application Submission. Any person seeking an amendment shall file a completed application, checklist, and all appropriate fees, with 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 amendment request.

         1.   If the requested amendment is for a comprehensive map change, it may be concurrently reviewed with an application for amendment of the zoning map or an application for annexation, provided procedural requirements for each application are met.

         2.   No application for the same comprehensive plan map amendment, concerning the same property, which has been denied by the City, shall be received or processed by the Planning and Zoning Department within six (6) months of such denial, unless the Planning Director determines that significant changes have been made to the prior development proposal.

   (4)   Public Notice and Hearings: The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12 of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.

   (5)   Commission Consideration and Decision:

      A.   The commission, prior to recommending an amendment, supplement, or repeal of the comprehensive plan to the Council, or prior to recommending approval or denial to the Council for any application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

   (6)   City Council Consideration and Decision:

      A.   Comprehensive plan amendments may be approved or denied only after the city council has received a recommendation from the planning commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.

      B.   The city council, prior to approving any comprehensive plan text amendment requests, shall find and conclude the requests have met the criteria identified in subsection (7) of this section, and shall make the express findings of such.

      C.   The city council, prior to approving any comprehensive plan map amendment requests, shall find and conclude the requests have met the criteria identified in subsection (8) of this section, and shall make the express findings of such.

      D.   In addition to the express findings, whenever the city council grants or denies an application, it shall specify:

         1.   The ordinance and standards used in evaluating the application;

         2.   The reasons for approval or denial; and

         3.   The actions, if any, that the applicant could take to obtain approval.

      E.   If the city council approves the proposed amendment, it shall be effective through the enactment of a resolution. A copy of the adopted or amended plan shall accompany each adopting resolution and shall be kept on file with the city clerk. If the approval is for, or includes approval of a comprehensive plan map amendment, and it shall thereafter be made a part of the comprehensive plan by appropriate amendment of the future land use map.

   (7)   Required Findings for Approval of a Comprehensive Plan Text Amendment:

      A.   In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ONE (1) or MORE of the following criteria exists.

         1.   The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or circumstances have changed since the adoption of the plan that warrant an amendment to the plan;

         2.   An amendment is necessary to correct, update, and/or clarify one or more goals, objectives, or policies that exist in the plan;

         3.   The proposed text amendment will help further the goals, objectives, and policies within or between any chapter of the Caldwell Comprehensive Plan;

         4.   The proposed text amendment provides an improved guide for future growth and development of the city; and/or

         5.   An update is necessary or required in accordance with Chapter 65, Title 67, Idaho Code.

   (8)   Required Findings for Approval of a Comprehensive Plan Map Amendment:

      A.   In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ALL of the following criteria exist.

         1.   The proposed amendment is consistent with the general intent, purpose, policies and goals of the comprehensive plan, or addresses changed conditions since the last time the comprehensive plan map was amended;

         2.   The proposed amendment does not adversely impact other aspects of the Comprehensive Plan;

         3.   The accompanying zoning is consistent with the requested comprehensive plan classification;

         4.   The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities and services can be, or are expected to be provided, to serve any and all uses allowed on this property under the accompanying zone;

         5.   The request has met compliance with all public notice and hearing requirements of the City Code and Idaho Code.

         6.   The amendment will result in the long-term physical, natural, economic, and/or social benefits to the community and is in the best interest of the community. (Ord. 1451, 12-13-1977; Ord. 1746, 6-29-1987; Ord. 1988, 5-17-1993; Ord. 2023, 2-22-1994; Ord. 2747, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 3576, 3-19-2024; Ord. 3642, 1-21-2025)

      B.   Any person seeking a special 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.

      F.   A reduction in the required setbacks of a zone, or an increase in maximum height allowed by a zone may be permitted with the approval of a special use permit, only where specifically stated within the code. All other setback reductions or increase in height shall follow the variance or planned unit development process.

   (6)   Special Use Permit; City Council Approval Required: Special use permits requiring city council approval, may be approved or denied only after a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.

      A.   The applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground within two (2) years from the date of approval, otherwise the special use permit approval shall become null and void.

   (11)   Annual Inspections: Special use permits, including those in existence prior to and upon the effective date hereof shall be subject to annual inspections for continued compliance with the conditions of approval and all other city laws, ordinances, and statutes. Inspections shall take place by planning and zoning , fire , and/or building.

      A.   The applicant or any affected person having an interest in real property within a five-hundred-foot (500') radius of the exterior boundaries of the subject property may appeal the decision of the commission, or any condition of approval of the special use permit, in accordance with Section 10-03-12 of this chapter. (Ord. 2739, 6-16-2008; amd. Ord. 2865, 6-20-2011; Ord. 3010, 11-16-2015; Ord. 3578, 3-19-2024; Ord. 3642, 1-21-2025; Ord. 3663, 4-21-2025)

      A.   Any person seeking a variance 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.

      A.   The applicant or any property owner adjacent to the subject property may appeal the decision of the commission, or any condition of approval of the variance in accordance with the procedures set forth in 10-03-12 of this chapter.

(Ord. 2739, 6-16-2008; amd. Ord. 3576, 3-19-2024; Ord. 3642, 1-21-2025)

The Planning and Zoning Division charges a separate fee for each type of land use application and review. All fees associated with land use applications, permits, licenses, development reviews, verification letters and reports, reconsiderations, appeals, and copies of documents are set by resolution of the City Council.(Ord. 3576, 3-19-2024; amd. Ord. 3642, 1-21-2025)

Traffic impact study, intersection study, master plan policies, and related transportation matters.

   (1)   Traffic Studies:

      A.   Requirements And General Information: Traffic studies will be required in conjunction with private development when the traffic generated exceeds certain development thresholds.

      B.   Development Studies: Traffic studies will be required for city roadway or intersection improvement projects. These may vary from a simple one-page study evaluating existing traffic volumes, accidents and physical conditions. They can also be a complex analysis of existing and future levels of service at several locations, on and off the project site, as well as various possible development and public improvement project scenarios. They may need to consider various roadway concept alternatives, alignments, modes of travel and project enhancements.

      C.   Design And Project Studies: Traffic studies may be required for a variety of issues. The city should be an active participant in the review of those involving city roads to include those within the city’s impact area.

      D.   Scoping Of the Project: Where many unknown and alternate designs exist for a project, a scoping study should precede the project design to clearly define the project scope.

      E.   Traffic Impact Studies Criteria: The City of Caldwell must consider the impacts of a proposed development on property and transportation facilities. Therefore, a traffic impact study will be required if the proposed development generates one hundred (100) or more peak hour vehicle trips; more than thirty thousand (30,000) square feet of commercial use; or more than fifty thousand (50,000) square feet of industrial use. Institutional reviews will be required based upon the city’s experience with other like operations or from information provided by other jurisdictions in this region. The city may require an impact study, even if the aforementioned criteria are not exceeded to resolve unique circumstances. The city may also waive the requirement if, in the city’s opinion, there are no traffic issues to resolve.

      The type of land use and the trips generated will be determined using the Institute of Transportation Engineers’ (ITE) publication: “Trip Generation - An Information Report”.

      Typical uses within the commercial, industrial and institutional categories include (but are not limited to):

         Commercial Category:

         Business park.

         Indoor theater.

         Office building.

         Restaurant.

         Retail store.

         Shopping center.

         Supermarket.

         Industrial Category:

         Heavy industry.

         Industrial park.

         Light industrial.

         Manufacturing.

         Truck/bus terminal.

         Utility plant.

         Warehousing.

         Institutional Category:

         College/university.

         Hospital/nursing home.

         Library.

         Military base.

         Place of worship.

         Prison.

         School.

      The term “dwelling units” used in this policy includes units associated with hotels, motels and private homes or apartments. The city will consider proposed developments of other types not listed above and decide the need for a traffic impact study on a case-by-case basis.

      The developer of a proposed large-scale development should review the project with the City Engineering staff before submitting a preliminary plat application.

      The city will decide at that time whether a traffic impact study will be required and set the study parameters. The impact study area shall include all roadways and intersections directly joining the proposed development. It shall include other roadways and intersections that the City believes are affected by traffic generated by the proposed development.

   (2)   Traffic Impact Considerations:

      A.   The traffic impact study shall identify and consider:

         1.   The continuation of local residential streets, collector streets and arterial streets. The study shall cover streets from the development boundaries, to an intersection with existing or proposed residential, collector or arterial streets as shown on the latest edition of the “Canyon County Functionally Classified Road Map”.

         2.   Existing land use, roadways, traffic patterns and roadway volume, and turning movement volume within the study area. The study must consider average daily traffic and traffic during at least two (2) representative peak hours.

         3.   Existing levels of service within the study area. This will be determined using the latest edition of the “Highway Capacity Manual” (HCM) and existing traffic control devices.

         4.   Planned road improvements and major land developments within the study area.

         5.   Forecasts of future traffic patterns, roadway capacity and turning movements in the study area before the proposed development is built. This establishes “background traffic”. Traffic patterns and roadway capacity shall be forecast for the built out year and for a twenty (20) year planning period. Turning movements shall be forecast for the built out year. Traffic forecasts by COMPASS should be used, when available. Those forecasts shall be checked for credibility and reconciled with independent forecasts. The study should include a reasonable rate of regional traffic growth. It should estimate additional traffic likely to be generated by vacant land development in and surrounding the area. The basis of development projections will be current zoning, prepared with advice from staff.

         6.   Trip generation and distribution expected from the proposed development; this is “site traffic”.

         7.   Forecast of future traffic patterns, roadway capacity volumes, and turning movements in the study area after the proposed development is fully built and occupied. These numbers are “site traffic” plus “background traffic”.

         8.   Future levels of service in the study area, with “site traffic” plus “background traffic”. Forecast levels of service for roadway links and impacted intersections at the development build out year and twenty (20) years from the present. Identify all roadway/intersections configurations and traffic control devices.

         9.   Recommended roadway/pathway improvements and mitigation measures. This includes location and design of driveways, intersections and traffic control devices. Include potentially viable non-roadway measures, such as ridesharing, transit, bicycling incentives and staggered or flexible work hours.

         10.   School crossings, safe routes to school and bikeways.

         11.   Roadway access control that differs from the city’s general requirements. Show exceptions where there are special conditions such as unusually heavy turn storage requirements, high speeds and high traffic volumes.

         12.   The effects of the traffic from the proposed development on existing local streets and the effects of traffic from existing local streets on the proposed development.

   (3)   Average Daily Traffic (ADT): The evaluator needs to estimate ADT for all street segments in the proposed development likely to have volumes exceeding one thousand (1,000) vehicles per day. These estimates will help select the proper street cross section for each segment. Each proposed collector street should be broken into several segments. The evaluator will base this on key intersections in the proposed street network. That will reduce the length of collector width streets required and define the extent of collector traffic levels in the development. The evaluator will compare project volumes on streets that provide access to the development with the applicable threshold volumes. The evaluator should use the Caldwell subdivision ordinance and adopted planning thresholds for reference purposes.

   (4)   Trip Generation Rates: Trip generation rates used in the impact study shall be supported by appropriate data presented in the latest edition of the publication, “Trip Generation Manual”. Other studies recognized by the traffic engineering profession may be used for analysis purposes. Those conducting impact studies should consult ITE’s “Traffic Access And Impact Studies For Site Development” (a recommended practice 1991), and the federal highway administration’s, “Site Impact Traffic Evaluation (SITE) Handbook” report number FHWA/PL/85/004, January 1985, or the most recent publication update.

   (5)   Preparation Of Traffic Impact Study: The applicant shall pay for a traffic impact study commissioned by the city. A qualified professional shall prepare the traffic impact study. The city shall approve the professional who will do the study before the work begins. The city engineer or designated staff member will confirm the qualifications of the proposed professional. The qualified professional will serve as the city’s primary contact during the study.

   (6)   Study Boundaries: The boundary of the study area shall be identified jointly by the professional conducting the study and city staff.

   (7)   Joint Traffic Study: The city may participate or require the participation of others in a joint traffic study when there is a need to evaluate some traffic component that has wider application than the proposal at hand. The joint traffic study will include the elements of the traffic impact study area required of the development. The developer will pay a negotiated portion of the study.

   (8)   Master Plans: Developments that are to be platted in multiple phases may require a master plan. The master plan shall address broad community development, street network issues and all the elements required in a traffic impact study. If all of the phases of the proposed development exceed the threshold requirements, the developer may be required to update the traffic study when future phases of the project are submitted or in the city’s opinion, conditions in the area have changed significantly, or if the future phases deviate significantly from the approved master plan.

   (9)   Traffic Signal Warrants: The traffic signal warrants from the MUTCD should be used as guidelines to consider the need for a traffic signal at a location. Other features should be considered such as traffic circulation patterns; spacing with respect to other controls; and the physical characteristics of the intersection (such as the horizontal and vertical curvature). If either the total volume warrant or the volume interruption warrant are satisfied, it will not be necessary to check warrants 8 through 11 which are primarily special volume warrants. The evaluator should give special consideration to locations that satisfy the school crossing warrant or the accident warrant.

   (10)   Level Of Service: Traffic conditions will be measured according to present and forecasted level of service (LOS) for roadways relative to their functional classification. Level of service is a measure of the congestion level on a street in an urban setting; it is typically measured at intersections. Functional classifications refer to the transportation distribution characteristics of a roadway. Planning volume thresholds are the twenty-four (24) hour equivalents of what the typical intersection levels of services are expected to be along a street based on its number of lanes and functional classification. Planning thresholds are based on typical intersection conflicts and intersection designs.

      An arterial street that has the same number of lanes as a collector street carries more traffic than the collector because it is assumed to receive sixty percent (60%) more green time as compared to forty percent (40%) green time for collectors. Planning volume thresholds are used to determine the needed street section based on future traffic forecasts. Traffic forecasts are generated from a computer traffic model, which simulates the trips generated by future land use types, densities and locations routed on an assumed roadway network.

   (11)   Functional Street Classification: Urban and rural street classification maps are prepared by COMPASS and adopted by its member agencies, including the city of Caldwell. The maps depict the current local, collector and arterial street designations. Several future and arterial streets are shown on the maps. Not all future collector and arterial streets are indicated. The city reserves the right to designate future collector streets or upgrade existing streets as conditions and projections warrant. The functional street classification map will be relied upon to determine a development’s level of participation in transportation improvement matters based upon the development’s anticipated impact on the road system. (Ord. 2506, 7-6-2004)

   (12)   Traffic Impact Mitigation: The applicant shall be responsible for assuming a proportionate share of the design, construction, installation and inspections associated with remediating the traffic impacts identified by the study and/or as identified by the city engineer in his/her review and analysis of the proposed development and surrounding traffic patterns. Traffic impact mitigation shall be addressed according to the time frame identified in the traffic study and/or as identified by the city engineer and shall be required for any development that is estimated to exceed five hundred (500) vehicle trips per day, regardless of whether a traffic impact study has been conducted or not. If a traffic impact study has not been conducted, the vehicle trips per day for a development shall be estimated using the most current edition of the ITE “Trip Generation” handbook. The applicant may be allowed, at his/her option, to contribute monies in lieu of construction, but the basis for the obligation is for construction. Monetary contributions must be made at a level commensurate with costs to construct the same by the city and as estimated by the city. The alternate provision for payment of money is not a requirement, is for the benefit and convenience of the applicant only and does not constitute an impact fee. If the traffic mitigation should be deferred the applicant shall deposit funds in the roadway trust fund, sufficient to cover the determined proportional traffic impact cost. (Ord. 3663, 4-21-2025)

   (1)   Any party aggrieved by a decision of the City Engineer or Public Works Director in administering traffic study guidelines provided for herein may appeal said decision to the City Council by filing a written notice of such appeal with the City Clerk within ten (10) days of the date of such decision.

   (2)   Appeals to the City Council shall be processed as contested case pursuant to Caldwell City Code Section 10-03-12. (Ord. 3663, 4-21-2025)

If any provisions of this chapter or the application thereof to any persons or circumstances are held invalid, the remainder of the chapter or the application of provisions to other persons or circumstances shall not be affected thereby. (Ord. 1451, 12-13-1977)

It is not intended by this chapter to impair or interfere with other regulations of State or local law, or with private restrictions on the use of land, improvements and structures. Where this chapter imposes greater restriction than that imposed by other law or private restrictions, this chapter shall prevail. All other ordinances or parts of ordinances in conflict herewith are hereby repealed upon the effective date of this chapter. (Ord. 1451, 12-13-1977)

            (a)   To prohibit structures, or uses of land or structures, that would adversely affect the surrounding neighborhood or conflict with the comprehensive plan;

            (b)   To entertain allowing a specific use or uses of the parcel for which the development agreement is sought, including uses in a zone not normally allowed therein;

            (c)   To conform the zoning map amendment to the comprehensive plan;

            (d)   To conform development under the zoning map amendment to existing patterns of development in the surrounding neighborhood;

            (e)   To mitigate the adverse effects of development under the zoning map amendment on the surrounding neighborhood and on public facilities and services; or

            (f)   To narrow the permitted or specially permitted uses in the zone.

            (g)   Limit residential density; or prohibit structures, or uses of land or structures, otherwise permitted in a zone;

            (h)   Require compliance with a site plan and/or design standards for structures and other site features;

            (i)   Require compliance with a site plan approved by the council either in conjunction with the rezoning or under the procedures for a special use;

            (j)   Require the construction and installation of improvements, including public improvements; or

            (k)   Impose time limits for taking subsequent development actions.

   (1)   Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for any of the following applications: special use permits, variances, annexations, planned unit developments, preliminary plats, appeals, comprehensive plan map amendments, and rezones.

      A.   It shall be the sole duty of the applicant to provide written notice of a neighborhood meeting to all property owners or purchasers of record owning property within five hundred feet (500') of the exterior boundary of the subject property; except that in the case of variance applications only, written notice of a neighborhood meeting only needs to be provided to property owners immediately adjacent to the subject property.

      B.   Notice of a neighborhood meeting shall be in addition to, and not combined with notices already required by this chapter, and shall include the date, time, location and purpose of the meeting.

      C.   The purpose of the neighborhood meeting shall be to review the proposed project and discuss neighborhood concerns, if any. The applicant/developer shall provide and discuss the development plan, proposed land uses, densities, and features of the proposed development. The applicant shall also communicate the timing and logistics (phasing) of the project.

      D.   The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.

      E.   The meeting shall be held at one of the following locations:

         1.   On the subject property;

         2.   At a nearby available public meeting place including, but not limited to, a fire station, library, school, or community center; or

         3.   An office space with suitable meeting facilities if such facilities are within a one-mile radius of the nearest public meeting place.

      F.   The neighborhood meeting shall be conducted prior to the application being accepted by the Planning and Zoning Department.

         1.   The subject application(s) shall be submitted within four (4) months following the neighborhood meeting.

         2.   Notices of the neighborhood meeting shall be placed in the mail at least fifteen (15) days prior to the date of the neighborhood meeting.

      G.   The neighborhood meeting form(s) shall be obtained from the planning and zoning department and shall be completed and submitted to the planning and zoning department along with the application submittal.

   (2)   Mailing And Publishing Of Public Hearing Notices: In accordance with Idaho Code and this chapter, the following public notices shall be required based on the type of land use application below.

      A.   Required notices for comprehensive plan, zoning ordinance, and subdivision ordinance text enactments, amendments, and repeals.

         1.   Published Notice: At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.

         2.   Public Agency Notifications: Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing.

      B.   Required notices for annexations, comprehensive plan land use map amendments, zoning ordinance map amendments, development agreements, special use permits, variances, planned unit developments, and subdivision plats.

         1.   Published Notice: At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.

         2.   Public Agency Notifications: Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing.

         3.   Radius Notices: Notice shall be provided by mail to property owners or purchasers of record within the land being considered; five hundred feet (500') beyond the external boundaries of the land being considered; and any additional area that may be impacted by the proposed application as determined by the planning and zoning director. For variance applications, only adjacent (including across streets and alleys) residents and property owners need be notified.

         4.   Mass Notification Procedure: When notice is required to be given to two hundred (200) or more property owners or purchasers of record, an alternative form of procedure of official notice of the public hearing for both the commission and council shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation in the area two (2) consecutive times. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.

   (3)   Physical Site Posting Of Public Hearing Notices:

      A.   Not less than fifteen (15) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements:

         1.   Properties Or Land Less Than Two (2) Acres In Size: The applicant shall post a sign consisting of one (1) eighteen inch by twenty four inch (18" x 24") bright colored, laminated paper, or other similar material mounted to a rigid surface of equal size and attached to metal or wood support posts. Notices shall specify the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing.

         2.   Properties Or Land Two Acres Or More In Size: The applicant shall post a four foot by four foot (4' x 4') sign consisting of plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4") posts.

Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "Caldwell Public Hearing Notice" and the date of the hearing. In addition, each sign shall include the name of the applicant, the proposed development, the date, time, place of the public hearing , the nature of the hearing , and a summa ry of the propos al to be conside red. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below:

   EXAMPLE:

   The following is an example of a public hearing sign and the types of information that needs to be displayed. Please ensure the correct date of your meeting and the appropriate hearing body is listed on the sign.

         3.   The Director may require larger sized posting(s) or multiple notice(s) for applications that, in the reasonable discretion of the Director, could result in significant adverse traffic, environmental, aesthetic, noise, pollution, or population density impacts. Additionally, the Director may require larger sized posting(s) or multiple notice(s) if, in the reasonable discretion of the Director, the specific circumstances of the site and the proposed development create a risk that the notice as provided will be insufficient to alert the general public and adjacent owners to the proposed development.

         4.   Sign Placement And Quantity:

            (A)   The notice(s) shall be posted perpendicularly along each roadway, excluding Interstate 84, adjacent to the subject property boundaries. The base of the notice shall be at least three feet (3') above the ground.

            (B)   If the property has roadway frontage of one thousand feet (1,000') or more, a notice shall be placed at each end of the property roadway frontage.

            (C)   Notice(s) shall be located on the property, with the notice oriented to oncoming traffic, outside of the public right-of-way.

            (D)   If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if consent of the owner of the right-of-way can be obtained.

            (E)   In circumstances where placing signs per the standards listed herein is not practical, the director may identify an alternative sign placement strategy.

         5.   Proof Of Posting: A notarized statement, map depicting the location(s) of the sign(s) and a photograph of the posting shall be provided to the city no later than ten (10) days prior to the public hearing attesting to where and when the sign(s) were posted. Failure to provide proof of posting by such date may result in the hearing being continued or delayed until the proof of posting has been satisfied.

         6.   Sign Removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended.

   (4)   Public Hearings: On every land use action for which notice is provided below, both the Planning and Zoning Commission and the City Council shall hold a public hearing in which interested persons shall have an opportunity to be heard.

Following the commission hearing, if the commission recommends a material change to the proposed amendment/action which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the council will not conduct a subsequent public hearing concerning the proposed amendment. If the council will conduct a subsequent public hearing, notice of the commission's recommendation shall be included in the notice of public hearing provided by the council.

      A.   Types Of Public Hearings:

         1.   Legislative: Legislative hearings include hearings on amendments to, or enactments of any ordinance. They also include revisions or amendments to the City of Caldwell Comprehensive Plan, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced in prior procedural steps.

         2.   Quasi-Judicial: Quasi-judicial hearings are hearings in which the review bodies are making decisions on the application of policy to a specific development application.

      B.   Decisions: The decision body shall approve, approve with conditions, approve with modifications, or deny an application based upon the applicable standards and criteria in this Code and the City of Caldwell Comprehensive Plan. Whenever a governing board or zoning or planning and zoning commission grants or denies an application, it shall specify:

         1.   The ordinance and standards used in evaluating the application;

         2.   The reasons for approval or denial; and

         3.   The actions, if any, that the applicant could take to obtain approval.

      C.   Decision Criteria: A decision body authorized to act under this Code shall base a decision on the following criteria and any specific criteria indicated elsewhere in this chapter for the specific type of application.

         1.   The approval is consistent with the goals, policies, and intent of the adopted Comprehensive Plan; and

         2.   The approval is consistent with the general purpose of this Code stated in Section 10-01-02 (2) and 11-01-02 (1).

      D.   Conditions: A decision body authorized to act under this Code may impose conditions as needed to ensure that the approval is consistent with the adopted Comprehensive Plan and this Code.

      E.   Hearing Records: A record of the hearings, findings made, and actions taken by the commission and/or city council shall be maintained by the city.

      F.   Notice Of Decisions: The approval or denial of any application required or authorized pursuant to Title 67, Chapter 65, Idaho Code, shall be in writing and accompanied by a reasoned statement. A reasoned statement explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record. Every final decision rendered shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been exhausted under local ordinance seek judicial review under the procedures provided by Title 67, Chapter 52, Idaho Code.

      G.   Request For Reconsideration By Affected Persons: On any application brought before the city council affecting the use, occupancy or development of real property, including, but not limited to, those matters governed by the Idaho Local Land Use Planning Act, found at Idaho Code section 67-6501 et seq., or the Caldwell Zoning Ordinance, found in this title, a party may request that the city council reconsider a decision pursuant to the terms of this section. Decisions and recommendations of the planning and zoning commission are not subject to reconsideration but may be appealed to the city council as provided in this title.

   Except that, decisions on annexations, being legislative decisions, do not qualify for reconsideration, and requests for reconsideration on annexations are not required to be heard by the City Council. This exception does not apply to city-initiated annexations subject to judicial review in accordance with Chapter 2, Title 50, Idaho Code.

         1.   As required by Idaho Code section 67-6535(2)(b), any applicant or affected person who wishes to seek judicial review of compliance with the provisions of Idaho Code section 67-6535, must first seek reconsideration of the final decision within fourteen (14) days.

         2.   Such written request must be delivered to the city clerk within that time frame and must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards.

         3.   The city council shall review the petition for reconsideration at a regular meeting and decide whether to reconsider the matter.

         4.   The city council may consider its decision only if it finds any of the following:

            (A)   There was a clerical error in the decision;

            (B)   The decision resulted from fraud or mistake;

            (C)   There is new evidence for the record or a change in circumstances;

            (D)   There was a procedural error;

            (E)   The council previously rejected the application by a tie vote; or

            (F)   The decision was made in violation of substantive law.

         5.   If the city council chooses to reconsider the final decision, the city council shall provide the applicant or affected person a written decision on such action. If the city council grants reconsideration in whole or in part, a hearing before the city council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in this section. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law. The cost of all required notices shall be borne by the party(ies) seeking reconsideration of the decision and paid in advance.

         6.   Following the hearing on the reconsideration, the city council may affirm, reverse, or modify, in whole or in part, its' prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the city council fails to timely decide, the request for reconsideration is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first.

         7.   Once the council has reconsidered any of its decisions relating to a given application, as set forth hereinabove, it may not entertain any additional or subsequent request for reconsideration, whether by the same or any other interested party.

         8.   A failure to request reconsideration is a failure of the applicant or affected party to exhaust administrative remedies.

      H.   Appeals:

         1.   Any applicant or party aggrieved by a decision of the planning and zoning commission, hearing examiner, or other hearing body, with respect to the provisions of this article may appeal that decision to the city council by filing a notice of appeal with the city clerk within fifteen (15) days following the date upon which the decision was made.

         2.   Content Of Appeal: All appeals shall be in writing and shall contain the following:

            (A)   The appellant's name, address, and telephone number;

            (B)   The appellant's statement describing his or her standing to appeal;

            (C)   Identification of the application and/or decision which is the subject of the appeal;

            (D)   The appellant's statement of grounds for the appeal addressing why the appellant believes the decision to be unlawful or inappropriate to the factual circumstances.

         3.   Setting Of Appeal Hearing: Upon the timely filing of appeal, the city shall set the date, time and place for the appeal to be heard by the city council.

         4.   Burden Of Proof: The appellant shall bear the burden of proving the decision was unlawful or inappropriate to the factual circumstances.

         5.   The council shall give legal public notice to the parties in interest, and decide the same within a reasonable time following the hearing. At the hearing, any affected party may appear in person, by agent or attorney. (Ord. 2982, 2-2-2015; amd. Ord. 3522, 9-5-2023; Ord. 3642, 1-21-2025; Ord. 3663, 4-21-2025)

   (1)   Purpose: The design review process is intended to provide for an effective process and framework to review proposed site and building design proposals to ensure conformance with the City of Caldwell’s comprehensive plan goals, other city adopted master plan goals, the City of Caldwell’s codes and ordinances, and adopted design review standards and guidelines.

   (2)   Intent: The intent of design review is to:

      A.   Ensure that both existing development and new development can work together to create vibrant, dynamic, and appealing places to live and work;

      B.   Ensure that every project proposal positively enhances the overall image of the community for both residents, workers, and visitors;

      C.   Strengthen the vitality of neighborhoods, districts and corridors;

      D.   Ensure that increased density or intensity of uses within established neighborhoods make a positive contribution to the area’s character;

      E.   Promote design excellence in the built environment;

      F.   Build on context by enhancing the distinctive physical, natural, historic and cultural qualities of the location; and

      G.   Encourage social interaction by contributing to the public realm.

   (3)   Applicability: This section shall apply to all sites, buildings and situations as specified in 10-03-13-1 (4) that are located within the following overlay zones, unless otherwise noted in this section:

      A.   Entertainment Overlay Districts (section 10-11-03)

      B.   Historic Overlay Districts (section 10-11-04)

         1.   Exemption: All buildings, sites, structures, or signage within the HD-1 Steunenberg Residential Historic District Overlay zone, shall be exempt from the provisions of this section, but shall be subject to the provisions of Chapter 2, Article 17 of this code for obtaining a Certificate of Appropriateness.

      C.   Scenic Overlay Districts (section 10-11-05)

      D.   Special Development and Urban Design Overlay Districts (section 10-11-07)

   (4)   Sites, Buildings and Situations:

      A.   The following situations are subject to design review in accordance with this section:

         1.   New multifamily, commercial, industrial, and institutional structures and buildings.

         2.   Multifamily developments.

         3.   Mixed-Use Developments.

         4.   Zero-lot line townhouses with three or more units attached.

         5.   Signage to include subdivision signage.

         6.   Fences, walls, and screening.

         7.   Surface parking lots.

         8.   Planned Unit Developments or Master Planned Communities.

         9.   Exterior building renovation and restoration.

         10.   Exterior painting.

         11.   Exterior site improvements or alterations (e.g. landscaping, common areas).

         12.   Enlargement or expansion of existing buildings, signs or sites.

         13.   New or replacement of windows and/or doors on structure within the Downtown Urban Design Overlay district.

   (5)   Exemptions:

      A.   An individual single-family detached dwelling located within the RS-1, RS-2, and R-1 zoning districts are specifically excluded from the requirements of this section, unless part of a subdivision, planned unit development, master planned community, or mixed-use development.

      B.   Surface parking lots, to include repainting and striping do not require design review but do require the submission of an Administrative Development Review Application for review of the site plan and landscape plan.

      C.   Garages and storage sheds accessory to single family detached dwellings.

   (6)   Other Regulations: Nothing in this article shall be construed to exempt any person or entity from compliance with any requirement of any other regulation or ordinance, nor to amend any other ordinance. (Ord. 3663, 4-21-2025)

The Director will determine whether a project is exempt from Design Review and whether a Design Review Application is subject to staff-level approval from the Community Development Director, or from the Design Review Commission or Historic Commission.

   (1)   Administrative Level Design Review:

      A.   Administrative level design review is a review completed at a staff level and is intended for projects that are minor in nature and impact, but that are not exempt from the Design Review process. The following are considered “minor” projects and require administrative staff-level design review, unless otherwise noted herein. The Director has the authority to require any minor project to go before the Design Review Commission due to the complexity of the project, the nature of its surroundings, or due to a request for alternative compliance.

         1.   A single stand-alone commercial or mixed-use building on a site not exceeding 5,000 square feet gross floor area that is not on a lot abutting a residential zoning district or residential use; except for within the downtown districts;

         2.   A single stand-alone industrial building on a site not exceeding 20,000 square feet gross floor area that is not on a lot or parcel abutting a residential zoning district or a residential use;

         3.   A residential development of less than 50 dwelling units;

         4.   Signs;

         5.   Roof and fascia changes;

         6.   Non-residential accessory buildings;

         7.   Residential accessory dwelling units within the UD-1 overlay zone;

         8.   Exterior renovations and alterations, to include painting; except for exterior renovations and alterations of 50% or more within the downtown districts;

         9.   Surface parking lots;

         10.   Zero lot-line townhomes;

         11.   Landscaping improvements or alterations not associated with a building or structure;

         12.   Replacement of windows and/or doors on structures within the Downtown Districts.

   (2)   Commission Level Design Review: A commission level design review is required for all projects not classified as minor in 10-02-13-1 (1), or as referred by the Director. Project proposals under commission level are reviewed by the Design Review Commission during a noticed public hearing. (Ord. 3663, 4-21-2025)

   (1)   Application Submission:

      A.   Any person or entity proposing to construct or locate within the City any improvement subject to Design Review, shall file an application for review of the project. The application shall be accompanied by architectural and site development drawings, drawn to scale and shall include all information specified in the application form and checklist. Design Review Staff may require additional information from applicants which is pertinent to the application necessary to evaluate the project. All applicable fees must be paid prior to formal acceptance of any application.

      B.   Design reviews are conducted prior to final approval of any land use entitlements or prior to the final approval of permits (if no land use entitlements are required).

   (2)   Application Processing: Once the application has been formally accepted, the director, or his/her designee, will examine the application and route the application for administrative staff level review or place the application on the hearing schedule for the next available public hearing before the Design Review Commission.

   (3)   Hearing Dates; Commission Level: Hearing dates for commission levels reviews are dependent on the date of final acceptance of the application, and the number of applications already scheduled on a specific hearing date.

   (4)   Noticing: Noticing is not required for administrative level staff reviews. Commission level staff reviews require an agenda to be posted in accordance with the Idaho Open Meeting Laws. Noticing by mail to adjacent property owners is not required. (Ord. 3663, 4-21-2025)

Design Review approval shall expire two (2) years from the initial date of approval unless substantial construction has commenced under valid permits. Design Review approval may be extended by the Director upon application for up to one (1) additional year from the date of expiration. A fee may be imposed by the city to process extension requests. Substantial alterations to the approved design associated with a development shall require a new application. (Ord. 3663, 4-21-2025)

No building permit, license, certificate of occupancy, entitlement or other approval shall be issued or given by the City or by any department thereof with respect to any improvement subject to Design Review until the design of the improvement has been approved as in accordance with this section and a zoning certificate issued. (Ord. 3663, 4-21-2025)

Any improvement constructed, located, repaired, altered or maintained in violation of the provisions hereof and in this chapter is hereby declared to be unlawful and a public nuisance, abatable in the manner provided for elsewhere in this Code. (Ord. 3663, 4-21-2025)

   (1)   Short Title: This section shall be known and may be cited as the CITY OF CALDWWELL DEVELOPMENT IMPACT FEE ORDINANCE.

   (2)   Authority: This ordinance is enacted pursuant to the city's general police powers pursuant to the authority granted to the city by title 50, Idaho Code, and pursuant to the authority granted to the city by section 67-8201 et seq., Idaho Code. (Ord. 3642, 1-21-2025)

   (1)   The city council of the city of Caldwell, Idaho finds that:

      A.   The City of Caldwell has established and consulted with a development impact fee advisory committee;

      B.   All new residential and non-residential growth and development creates an impact and imposes increasing demands upon public facilities and services.

      C.   The revenues generated from new residential and non-residential growth and development often do not generate sufficient general funds to provide the necessary improvements of these public facilities to accommodate new growth and development.

      D.   New growth and development are expected to continue and will place ever increasing demands on the city to provide and expand the public facilities to serve new growth and development.

      E.   Impact fees provide an equitable program for planning and financing public facilities needed to serve new growth and development and are necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the city.

      F.   The creation of an equitable impact fee system would enable the city to impose a development impact fee that does not exceed a proportionate share of the actual costs of system improvements, or reasonable estimates of such costs, to accommodate new growth and development, as determined and in accordance with section 67-8207, Idaho Code.

      G.   This ordinance creates a system by which impact fees paid by new growth and development will be used to finance, defray or to provide capital improvements for the public facilities in ways that benefit the development for which impact fees were paid.

      H.   This ordinance creates a system under which impact fees shall not be used to correct existing deficiencies in public facilities, or to replace or rehabilitate existing public facilities, or to pay for routine operation or maintenance of those public facilities.

      I.   This ordinance is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning impact fee ordinances.

      J.   The impact fee study used a calculation methodology in accordance with generally accepted accounting principles that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers, and included consideration of the following factors:

         1.   The cost of existing system improvements within the service area;

         2.   The means by which existing system improvements have been financed;

         3.   The extent to which the new growth and development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions;

         4.   The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future;

         5.   The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area;

         6.   Extraordinary costs incurred in serving the new growth and development;

         7.   The time and price differential inherent in a fair comparison of impact fees paid at different times;

         8.   The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation; and

         9.   The method for computing the impact fees for each service category and different land uses.

      K.   The city has planned for the improvement of the public facilities in the city of Caldwell comprehensive plan and other adopted master plans, which in turn helped formulate the capital improvement plans listed in this ordinance.

      L.   The impact fee studies and/or analysis, impact fees, and capital improvement plans are consistent with the city of Caldwell comprehensive plan.

      M.   The impact fee study sets forth reasonable methodologies and analyses for determining the impacts of various types of new growth and development on the public facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such public facilities created by new growth and development.

      N.   The maximum allowable impact fees described in this article are based on the impact fee studies, and do not exceed the costs of system improvements for the public facilities to serve new growth and development that will pay the impact fees.

      O.   The police, fire, parks, and traffic public facilities and capital improvements included in the calculation of impact fees in the impact fee study will benefit all new growth and development throughout the city, and it is therefore appropriate to treat all areas of the city as a single service area for purposes of calculating, collecting and spending the impact fees collected.

      P.   There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this ordinance and the impact fees that such development will be required to pay.

      Q.   Based on the city of Caldwell comprehensive plan, as amended, adopted by the city pursuant to title 67, chapter 65, Idaho Code, and the general governmental goal of protecting the health, safety, and general welfare of the citizens of the city, it is necessary to establish development impact fees on all new development to accommodate growth and the additional demand on public services and facilities that it creates in accordance with title 67, chapter 82, Idaho Code. (Ord. 3642, 1-21-2025)

   (1)   Original Effective Date: The original effective date of this ordinance was May 15, 2007 (the "effective date"), which was at least thirty (30) days subsequent to the passage, approval and publication, according to law, of ordinance 2671, which adopted the provisions hereof.

   (2)   Amendment Effective Dates: Any amendments to this ordinance will be effective at least thirty (30) days subsequent to the passage, approval and publication of such ordinance amendments.

   (3)   Applications for building permits received by the city prior to the effective date hereof, or amendments hereto, adopting impact fees or amending or adopting any methodology by which impact fees are calculated, will be exempt from that portion of this ordinance, or amendment enacted after such building permit application, if a valid building permit has been issued or construction has commenced prior to the effective date hereof, or amendment. For building permits that expire or are revoked after the effective date, the fee payor shall be entitled to a refund of previously paid impact fees as provided further in section 10-03-14-12 of this section, provided that in the case of reapplication for building permit, the public safety impact fee in effect at that time shall be paid. (Ord. 2671, 4-3-2007; amd. Ord. 3642, 1-21-2025)

For definitions, see section 10-01-10 of this chapter. (Ord. 3642, 1-21-2025)

   (1)   Park Impact Fees:

      A.   There is hereby established a park impact fee service area, to include all land within the city limits.

      B.   Parks impact fees and system improvements will be in accordance with the Impact Fee Study and CIP prepared by Galena Consulting, dated July 2, 2019, and amended January 2020.

      C.   Parks impact fees shall be required as a condition of approval of all residential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit.

   (2)   Fire Impact Fees:

      A.   There is hereby established a fire impact fee service area, to include all land within the city limits.

      B.   Fire impact fees and system improvements will be in accordance with the Impact Fee Study and CIP prepared by Galena Consulting, dated July 2, 2019, and amended January 19, 202.

      C.   Fire impact fees shall be required as a condition of approval of all residential and non-residential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit or a non-residential building.

   (3)   Police Impact Fees:

      A.   There is hereby established a police impact fee service area, to include all land within the city limits.

      B.   Police impact fees and system improvements will be in accordance with the Impact Fee Study and CIP prepared by Galena Consulting, dated July 2, 2019, and amended January 2020.

      C.   Police impact fees shall be required as a condition of approval of all residential and non-residential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit or a non-residential building.

   (4)   Traffic Impact Fees:

      A.   There is hereby established a traffic impact fee service area, to include all land within the city limits.

      B.   Traffic impact fees and system improvements will be in accordance with the Caldwell Area CIP and Traffic Impact Fee Program prepared by Kittleson & Associates, Inc, dated September 9, 2024.

      C.   Traffic impact fees shall be required as a condition of approval of all residential and non-residential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit or a non-residential building. (Ord. 3642, 1-21-2025)

   (1)   The methodology adopted for the purpose of determining impact fees shall be based upon the assumptions set forth in the impact fee study.

   (2)   Expansion, Change of Use: If development results in either the expansion of an existing nonresidential land use, a change from a nonresidential land use type to a different nonresidential land use type, or a change from a residential to nonresidential land use type, then an impact fee shall be assessed only for the additional impact attributable to the expansion, change or more intensive use.

   (3)   Removal, Demolish of Building; Replacement Structure: When a building or structure will be removed or demolished and impact fees for such building or structure were paid, the fee payer shall pay an impact fee based upon the difference between the fee that would have been paid for the previous structure and the fee for the new structure on the site; provided, that the prior structure was removed or demolished not more than ten (10) years prior to the application for a building permit and documentation of its previous existence and size is provided to the Impact Fee Administrator. In all other cases, the replacement structure will be treated as a new development.

   (4)   Nonconformance With Land Use Category: If the proposed development does not conform to a land use category identified by the most current adopted impact fee study, then the Impact Fee Administrator shall apply the land use category that most closely resembles the proposed use.

   (5)   Extraordinary Impact:

      A.   The city recognizes that there may be circumstances where the anticipated fiscal impacts of a proposed development are of such magnitude that the city may be unable to accommodate the development without excessive or unscheduled public expenditures that exceed the amount of the anticipated impact fees from such development.

      B.   If the city determines that a proposed development would create such an extraordinary impact on the city's police, fire, and/or parks and recreation public facilities, the city may refuse to approve the proposed development. In the alternative, the city may calculate a pro rata share per dwelling unit, or square feet of nonresidential buildings, as applicable, of the extraordinary impact and charge a reasonable extraordinary impact fee that is greater than would ordinarily be charged.

   (3)   A fee payor required by this ordinance to pay an impact fee may choose to have the amount of such impact fee determined pursuant to either the impact fee schedule(s) or subsections 10-03-14-8 of this section. If the fee payor chooses to have the amount of such impact fee determined pursuant to subsections 10-03-14-8 this section, such impact fee shall be subject to the adjustment described in subsection 10-03-14-10 of this section, if applicable. If the project is a mix of those uses listed on the fee schedule, then the impact fees shall be determined by adding up the impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee schedule.

   (4)   If the city discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share, city shall, at the time of assessment on a case-by-case basis, adjust the impact fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by ordinance. (Ord. 3642, 1-21-2025)

   (1)   Payment Required:

      A.   The fee payers shall pay all impact fees prior to the issuance of a building permit, unless otherwise agreed to in writing by the City and the fee payer. No construction shall commence, nor shall the City issue a building permit unless and until the fee payer has satisfied the provisions of this ordinance.

      B.   Applications for building permits filed shall be subject to the provisions of the most current ordinance in effect at the time of application.

      C.   Applications filed, but which expire or are revoked, shall be subject to the provisions of the most current ordinance in effect at the time of reapplication. In the event that an amendment results in a change in the amount of impact fees charged for a particular category of public facility or improvement, the fee payer shall pay the impact fee amount in effect upon the date of his or her reapplication.

      D.   If a building permit expires or is revoked and development or construction does not commence, the owner of record shall be entitled to a refund of previously paid impact fees for that development as set forth by subsection 10-03-14-11 of this section. The owner of record shall not receive a refund for proposed development activity resulting in a negative fee calculation or in cases in which final City approval has not occurred.

      E.   All impact fees paid by a fee payor pursuant to this section shall be promptly deposited in the impact fee fund described in subsection 10-03-14-12 of this section. (Ord. 3642, 1-21-2025)

An individual assessment of impact fees is permitted when the fee payer demonstrates by clear and convincing evidence that the established impact fee is inappropriate.

   (1)   Application: Written application for individual assessment shall be made to the impact fee administrator at any time prior to receiving building permit(s). Late applications for individual assessment of impact fees may be considered for a period of sixty (60) days after the receipt of a building permit only if the fee payor makes a showing that the facts supporting such application were not known or discoverable prior to receipt of a building permit and that undue hardship would result if said application is not considered.

   (2)   Cost to Fee Payor: Such independent impact fee calculation study for the fee payor's development shall be prepared at the fee payor's cost by a qualified professional and contain studies, data and other relevant information and be submitted to the fee administrator for review. Any such study shall be based on the same methodology and the same level of service standards, improvements and costs used in the impact fee study and must document the methodologies and assumptions used.

   (3)   Professional Consultant Review: The city may hire a professional consultant to review any independent impact fee calculation study on behalf of the city and may charge the reasonable costs of such review to the fee payor.

   (4)   Any independent impact fee calculation study submitted by a fee payor may be accepted, rejected or accepted with modifications by the city as the basis for calculating impact fees. The city shall not be required to accept any study or documentation the city reasonably deems to be inaccurate or unreliable and shall have the authority to request that the fee payor submit additional or different documentation for consideration in connection with review of any independent impact fee calculation. If such additional or different documentation is accepted or accepted with modifications as a more accurate measure of the impact fees due in connection with fee payor's proposed development than the applicable impact fees set forth in the fee schedule, then the impact fee due under this article shall be calculated according to such documentation.

   (5)   Written Decision: The Impact Fee Administrator shall render a written decision regarding the individual assessment within thirty (30) days of receipt of the application. The decision by the Impact Fee Administrator shall include an explanation of the calculation of the impact and an explanation of factors considered under Idaho Code section 67-8707 and shall specify the system improvement(s) for which the impact fee is intended to be used. The written decision shall also include an explanation of the following factors considered:

      A.   The cost of existing system improvements within the service area;

      B.   The means by which existing system improvements have been financed;

      C.   The extent to which the new growth and development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions;

      D.   The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future;

      E.   The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area;

      F.   Extraordinary costs incurred in serving the new growth and development (if any);

      G.   The time and price differential inherent in a fair comparison of impact fees paid at different times; and

      H.   The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation. (Ord. 3642, 1-21-2025)

   (1)   Claim Of Exemption: A fee payer shall claim an exempt development activity upon application for a building permit.

   (2)    Activities Specified: The following development activities shall be exempted from the payment of impact fees imposed by this section:

      A.   Rebuild or Replacement: Rebuilding or replacing a dwelling unit or the same amount of square feet of a nonresidential structure on the same lot and existing on the effective date of this article provided that the rebuilt or replaced dwelling unit or nonresidential structure does not increase the need for police, fire, parks or transportation public facilities or system improvements.

      B.   Detached Accessory Structures / Additions: Construction of an unoccupied, detached accessory structure, or addition of uses related to a dwelling unit unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements.

      C.   Remodels or Repairs: Remodeling or repairing a dwelling unit or a nonresidential structure in a manner that does not increase the need for police, fire, parks, or transportation public facilities or system improvements.

      D.   Destroyed Structures: Rebuilding or replacing a structure destroyed or damaged by fire or other catastrophe, with a new structure which does not increase the impact over that attributable to the destroyed or damaged structure; provided that the structure is rebuilt and ready for occupancy within two (2) years of its destruction.

      E.   Temporary Uses: Placing a temporary construction trailer or office on a site.

      F.   Modular Buildings and Manufactured Homes: An impact fee will be assessed for installation of a modular building or manufactured home unless the fee payor can demonstrate by documentation such as utility bills and tax records, either: a) that a modular building or manufactured home was legally in place on the lot or space prior to the effective date of this article; or b) that an impact fee has been paid previously for the installation of a modular building or manufactured home on that same lot or space.

      G.   Affordable Housing: Developments determined by the city council that provide affordable housing may be exempt from the impact fee requirement, provided that the exempt development's proportionate share of system improvements is funded through a revenue source other than impact fees.

         1.   Current housing affordability guidelines published by the U.S. department of housing and urban development ("HUD") shall be used to determine whether dwelling units in the development qualify as affordable housing.

         2.   Affordable housing projects are required to demonstrate that they will provide dwelling units to eligible families based on HUD income and family size guidelines.

         3.   Providers of affordable housing dwelling units must demonstrate a long-term commitment to providing affordable housing for a period of not less than twenty (20) years. Affordability of the designated percentage of the development shall be ensured through covenants and deed restrictions at the discretion of the city in consultation with the city attorney. (Ord. 3642, 1-21-2025)

   (1)   A fee payer shall receive credit or reimbursement for the present value of any system improvement, the value of dedication of real property to the City, or other contribution required by the City from the developer for system improvements of the category for which the impact fee is being collected in accordance with this section.

      A.   System Improvements:

         1.   All system improvements constructed, funded or contributed for police, fire, parks and traffic capital improvements for which an impact fee is imposed, over and above those required by the city in connection with new development, shall result in either a credit on future impact fees or reimbursement (at the fee payor's option) for such excess to be paid by future development that benefits from such system improvements. However, no credit or reimbursement shall be provided for: a) project improvements; b) any construction, funding or contribution not agreed to in writing by the city prior to commencement of such construction, funding or contribution; and c) any construction, funding or contribution of a type of capital improvements not included in the calculation of the applicable impact fee.

         2.   Approved credits for contribution or construction of system improvements shall generally become effective when: a) all required construction has been completed and has been accepted by the city; and b) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the city. Approved credits for the construction of system improvements may become effective at an earlier date if the fee payor posts security in the form of a performance bond, irrevocable letter of credit or escrow agreement in the amount and under terms reasonably acceptable to the city.

      B.   Land Dedications:

         1.   Credit for land dedications shall, at the fee payor's option, be valued at: a) one hundred percent (100%) of the most recent assessed value for such land as shown in the records of the Canyon County assessor; or b) that fair market value established by an MAI appraiser reasonably acceptable to the city in an appraisal paid for by the fee payor. Credit for contribution or construction of system improvements shall be valued by the city based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payor to the city, which estimates shall be revised as actual costs become available. The city shall determine the amount of credit due based on the information submitted, or, if the city determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs reasonably acceptable to the city as a more accurate measure of the value of the offered system improvements to the city.

         2.   Approved credits for land dedications shall become effective when the land has been conveyed to the city in a form reasonably acceptable to the city at no cost to the city and has been accepted by the city.

   (2)   Calculation of Credits and Reimbursements:

      A.   In the calculation of impact fees for a project, credit or reimbursement (at the fee payor's option) shall be given for the present value of any construction of system improvements or contribution of land or money required by the city from the fee payor for system improvements of the category for which the impact fee is being collected, including system improvements paid for through local improvement district assessments.

      B.   In the calculation of impact fees for a project pursuant to section 10-03-14-7, credit shall be given for the present value of all tax and user fee revenue generated by the fee payor within the service area and used by the city for system improvements of the category for which the impact fee is being collected. If the amount of such credit exceeds the impact fee for a project, the fee payor shall receive a credit on future impact fees.

   (3)   Approved Credits and Reimbursements:

      A.   Approved credits or reimbursement shall only be used to reduce the amount of the impact fee of the category for which the impact fee is otherwise due, and shall not be paid to the fee payor in cash or in credits against any other monies due from the fee payor to the city.

      B.   If credit or reimbursement is due to the fee payor, the city and fee payor shall enter into a written agreement, negotiated in good faith, prior to the construction, funding or contribution. The written agreement shall include, without limitation:

         1.   A description of the construction, funding or contribution of system improvements including, in the case of real property, a legal description of the real property;

         2.   A description as to how the system improvements are to be valued;

         3.   The amount of the credit or the amount, time and form of reimbursement;

         4.   Instructions as to how the capital improvements should be provided to the city to ensure full transfer of ownership; and

         5.   The circumstances under which the credit or reimbursement is deemed effective.

      To assist in such reimbursement, the city shall continue to collect impact fees from other developers whose proposed developments will benefit from such construction, funding or contribution, and will promptly transfer such funds to the fee payor. If a successor in interest claims a reimbursement or credit, the impact fee administrator may require written documentation that such rights have been conveyed to the claimant prior to issuing the requested reimbursement or credit.

   (4)   Use of Approved Credits and Reimbursements:

      A.   Approved credits or reimbursements shall only be used to reduce the amount of the impact fee of the category for which the impact fee is otherwise due and shall not be paid to the fee payor in cash or in credits against any other monies due from the fee payor to the city.

      B.   Approved credits may be used to reduce the amount of impact fees of the category for which the impact fee is being collected in connection with any new growth and development until the amount of the credit is exhausted.

      C.   Each time a request to use approved credits is presented to the city, the city shall reduce the amount of the applicable impact fee otherwise due from the fee payor and shall note in the city records the amount of credit remaining, if any.

      D.   Upon request of the fee payor, the city shall issue a letter stating the amount of credit available. If the credit has not been exhausted within eight (8) years of the date of issuance of the first building permit for which an impact fee was due and payable, or within such other time period as may be designated in writing by the city, such credit shall lapse, unless a refund of the remaining credit is applied for as set forth in subsection 10-03-14-11 of this section.

   (5)   Transfer of Credits: Credit may only be transferred by a fee payor that has received credit to such fee payor's successor in interest. The credit may be used only to offset impact fees for the same category for which the credit was issued. Credits shall be transferred by any written instrument clearly identifying which credits are being transferred, the dollar amount of the credit being transferred, and the system improvements for which the credit was issued. The instrument of transfer shall be signed by both the transferor and transferee, and a copy of the document shall be delivered to the fee administrator for documentation of the transfer before the transfer shall be deemed effective.

   (6)   Limitations: All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this chapter:

      A.   No offset or credit shall be given for the dedication or construction of required project improvements or site related facilities.

      B.   A fee payer shall not receive an offset or credit in excess of that amount to be collected from the assessed impact fee.

      C.   The unit costs used to calculate the offsets or credits shall not exceed those assumed for the capital improvements included in the CIP(s) for the category of facility within the service area for which the impact fee is imposed.

      D.   The City will not reimburse the property owner or fee payer for an offset or credit when no impact fees for the new development can be collected pursuant to this ordinance or for any amount exceeding the total impact fees due for the new development for the category of capital improvement.

      E.   The amount of any offset or credit shall not include the amount attributable to participation by the City in the development.

      F.   No fee payor shall be required to construct, fund or contribute any capital improvement to meet the same need for police, fire, parks, and traffic capital improvements for which an impact fee is imposed. (Ord. 3642, 1-21-2025)

   (1)   Written Application for Refund: In order to be eligible for a refund, a fee payor, successor in interest or owner of record shall file a written application for a refund with the impact fee administrator within six (6) months of the time such refund becomes payable under subsection 10-03-14-14 (2) of this section, or within six (6) months of publication of the notice of entitlement to a refund, whichever is later. If a successor in interest claims a refund of impact fees, the fee administrator may require written documentation that such rights have been transferred to the claimant prior to issuing the requested refund. Refunds shall be paid within sixty (60) days after the date on which the impact fee administrator determines that a sufficient proof of claim for a refund has been made.

   (2)   Refund Criteria: The fee payor or successor in interest shall be entitled to a refund of the impact fee upon request as and as set forth below:

      A.   If a fee payer has paid an impact fee erroneously.

      B.   If a fee payer has paid an impact fee under protest and a subsequent review of the impact fee paid or the completion of an individual assessment determines that the fee exceeded the proportionate share to which the city was entitled. Only upon written authorization from the property owner may the refund be issued to another designated party, if the developer or fee payer is not the property owner.

      C.   If a building permit or permit for installation of a manufactured home is revoked or abandoned.

      D.   If the City, after collecting the fee when service is not available, fails to appropriate and expend the collected development impact fee pursuant to Idaho Code section 67-8210(4) or this section.

   (2)   Refund Notification: When the right to a refund exists, within ninety (90) days after the city determines that a refund is due, the city shall:

      A.   Provide written notice of entitlement to a refund, to the owner of record and the fee payor who paid the impact fees at the address shown on the application for development approval, or to a successor in interest who has notified the city of a transfer of the right or entitlement to a refund and who has provided the city with a mailing address; and

      B.   Publish the notice of entitlement to a refund within thirty (30) days after the expiration of the eight (8) year period after the date that the impact fees were collected. Such published notice shall contain the heading "Notice of Entitlement to Impact Fee Refund".

   (3)   Interest: A refund shall include interest at one-half (1/2) the legal rate as set forth in Idaho Code section 28-22-104 from the date on which the fee was originally paid.

   (4)   Any person entitled to a refund shall have standing to sue for a refund under the provisions of this article if there has not been a timely payment of a refund as provided herein. (Ord. 3642, 1-21-2025)

The city may utilize the following means and methods to ensure the payment of impact fees:

   (1)   Interest: Charge interest on any unpaid portions of the impact fee with interest at the highest legally allowable rate and a penalty of five percent (5%) for each thirty (30) day period payment is late;

   (2)   Building Permit Withheld: Withholding the building permit until the impact fee is paid;

   (3)   Utility Service Withheld: Withholding utility services until the impact fee is paid; or

   (4)   Lien: Creation of a lien for failure to pay the impact fee following the procedures set forth in Idaho Code title 45, chapter 5. (Ord. 3642, 1-21-2025)

   (1)   Police Fund: There is hereby established a police impact fee fund into which all police impact fees shall be deposited for the purpose of ensuring police impact fees collected pursuant hereto are designated for the accommodation of police capital improvements reasonably necessary to serve new growth and development that paid the impact fee.

   (2)   Fire Fund: There is hereby established a fire impact fee fund into which all fire impact fees shall be deposited for the purpose of ensuring fire impact fees collected pursuant hereto are designated for the accommodation of fire capital improvements reasonably necessary to serve new growth and development that paid the impact fee.

   (3)   Parks Fund: There is hereby established a parks and recreation impact fee fund into which parks impact fees shall be deposited for the purpose of ensuring parks impact fees collected pursuant hereto are designated for the accommodation of parks and recreation capital improvements reasonably necessary to serve new growth and development that paid the impact fee.

   (4)   Traffic Fund: There is hereby established a traffic impact fee fund into which traffic impact fees shall be deposited for the purpose of ensuring traffic impact fees collected pursuant hereto are designated for the accommodation of traffic capital improvements reasonably necessary to serve new growth and development that paid the impact fee.

   (5)   Earned Interest: Each fund shall be an interest-bearing account which shall be accounted for separately from other impact fee funds and from other city funds. Any interest or other income earned on monies deposited in a fund shall be credited to such funds. Expenditure of impact fees shall be made only for the category of system improvements for which the impact fees were collected and as identified in the capital improvements plans.

   (6)   Accounting Controls: The City shall establish adequate financial and accounting controls to ensure that impact fees are utilized solely for purposes authorized by this section. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this section. Impact fees shall be expended within a reasonable period of time as specified in subsection 10-03-14-14 (2) and 10-03-14 (3) of this section. (Ord. 3642, 1-21-2025)

   (1)   Permitted Expenditures: Except as otherwise provided herein, monies from each fund, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of capital improvements, or for principal and interest payments on bonds or other borrowed revenues used to acquire, expand or improve such capital improvements, necessary to serve new growth and development.

   (2)   Time Limit; Expenditure of Funds: Impact fees in each fund shall be spent within eight (8) years from the date such impact fees were collected on a first in/first out (FIFO) basis. Funds shall be deemed expended when payment of such funds has been approved by the city.

   (3)   Time Limit; Extension: The City may hold the impact fees for longer than eight (8) years, but no more than eleven (11) years from the date the fees were collected, if it identifies in writing:

      A.   A reasonable cause why the impact fees should be held longer; and

      B.   An anticipated date by which the impact fees will be expended.

   (4)   Prohibited Expenditures: Impact fees collected pursuant to this section shall not be used to pay for any of the following:

      A.   Construction, acquisition, or expansion of public facilities other than capital improvements identified in the capital improvements plans.

      B.   Repair, operation or maintenance of existing or new capital improvements.

      C.   Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.

      D.   Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development to provide better service to existing development.

      E.   Administrative and operating costs of the city unless such costs are attributable to development of the capital improvements plans used to determine impact fees by a surcharge imposed by ordinance on the collection of an impact fee, which surcharge shall not exceed a development's proportionate share of the cost of preparing the capital improvements plans. (Ord. 3642, 1-21-2025)

   (1)   A written application may be made to the impact fee administrator no later than sixty (60) days after development approval by the city council. Late applications for certification of the impact fee will not be considered unless the fee payor makes a showing that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered.

   (2)   The impact fee administrator shall provide the fee payor with a written impact fee certification for the project within thirty (30) days of the date a complete application is submitted. The certification provided by the fee administrator shall establish the impact fee for the project in question, so long as there is no material change to the project as identified in the certification application or the impact fee schedule. The certification shall include an explanation of factors considered and shall specify the system improvement(s) for which the impact fee is intended to be used.

   (3)   The certification shall include an explanation of the calculation of the impact fee, shall specify the system improvement(s) for which the impact fee is intended to be used, and shall include an explanation of the factors considered, which factors are identified in subsection 10-03-14-8 (5) of this section.

   (4)   Appeals of the impact fee administrator's certification shall be made to the city as provided further in this section. (Ord. 3642, 1-21-2025)

The decisions of the impact fee administrator may be appealed as provided below:

   (1)   Any fee payor who is or may be obligated to pay an impact fee, may appeal a decision made by the impact fee administrator in applying this section to the city clerk. Such decisions that may be appealed include:

      A.   The applicability of an impact fee to the development.

      B.   The amount of an impact fee to be paid for the development.

      C.   The availability, amount or application of any credit.

      D.   The amount of any refund, reimbursement or credit.

      A fee payor may pay an impact fee under protest in order to obtain a development approval or building permit(s) and, by paying such impact fee, shall not be estopped from exercising the right of appeal provided herein, nor shall the fee payor be estopped from receiving a refund of any amount deemed to have been illegally collected. Upon final disposition of an appeal, the impact fee shall be adjusted in accordance with the decision rendered and, if necessary, a refund paid.

   (2)   In order to pursue an appeal, the fee payor shall file a written notice of appeal with the city clerk within fifteen (15) days after the date of the decision being appealed, or the date on which the fee payor submitted a payment of impact fees under protest, whichever is later. Such written application shall include a statement describing why the appellant believes that the decision was in error, together with copies of any documents that the appellant believes supports the claim.

   (3)   The city clerk shall notify the fee payor of the hearing date on the appeal, which notice shall be given no less than fifteen (15) days prior to the date of the hearing. Such appeal shall be heard within thirty (30) days after receipt of a written notice of appeal. The appellant shall have a right to be present and to present evidence in support of the appeal. The impact fee administrator who made the decision under appeal shall likewise have the right to be present and to present evidence in support of the decision. The burden of proof in any such hearing shall be on the fee payor to demonstrate that the amount of the impact fee, credit, reimbursement or refund was not properly calculated by the city.

   (4)   City Council Criteria: The city council shall modify the amount of the impact fee, credit, refund or reimbursement only if there is substantial evidence in the record that the impact fee administrator erred, based upon the methodologies contained in the impact fee study, this article and/or the capital improvements plans. The decision of the city council's designee shall be final. The city council may affirm, reject or revise the decision of the impact fee administrator, providing written findings of fact and conclusions, within fifteen (15) days after hearing the appeal.

   (5)   Mediation: A fee payor may request that the city enter into mediation by a qualified independent party to address a disagreement related to the impact fee for new growth and development. If both parties agree to mediation, costs for the independent mediation service shall be shared equally by the fee payor and the city. Mediation may take place at any time during an appeals process and any time limitation relevant to an appeal shall be tolled. (Ord. 3642, 1-21-2025)

   (1)   The city has established a development impact fee advisory committee pursuant to Idaho Code § 67-8205. The advisory committee shall continue to be composed of not fewer than five (5) members appointed by the city council. Two (2) or more members of the advisory committee shall be active in the business of development, building or real estate. Two (2) or more members shall not be in the business of development, building, or real estate. The advisory committee shall serve in an advisory capacity to the city council and is established to:

      A.   Assist the city in adopting land use assumptions;

      B.   Review the capital improvements plans, and proposed amendments, and file written comments;

      C.   Monitor and evaluate implementation of the capital improvements plans;

      D.   File periodic reports, at least annually, with respect to the capital improvements plans and report to the city any perceived inequities in implementing the capital improvements plans or imposing the impact fees; and

      E.   Advise the city of the need to update or revise land use assumptions, the capital improvements plans, and development impact fees.

   (2)   The city shall make available to the advisory committee, upon request, all financial and accounting information, professional reports in relation to other development and implementation of land use assumptions, the capital improvements plans, and periodic updates of the capital improvements plans. (Ord. 3642, 1-21-2025)

   (1)   The impact fees described in this section, and the administrative procedures of this section shall be reviewed at least once every five (5) years to ensure that: a) the demand and cost assumptions and other assumptions underlying such impact fees are still valid; b) the resulting impact fees do not exceed the actual costs of providing police, fire, and/or parks and recreation system improvements required to serve new growth and development; c) the monies collected in any impact fee fund have been and are expected to be spent for system improvements of the type for which such impact fees were paid; and d) such system improvements will benefit those developments for which the impact fees were paid.

   (2)   Prior to assessing new or amended impact fees, the City shall prepare and adopt an updated CIP for each category of capital improvements.

   (3)   Preparation By Qualified Professions: The CIP shall be prepared by qualified professionals in fields relating to finance, engineering, planning, and transportation in consultation with the Development Impact Fee Advisory Committee.

   (4)   Amending Schedules: Schedules may be amended without revised land use assumptions and CIP(s) at any time prior to the required update provided in subsection (1) of this section; provided, that they are amended according to changes in construction costs from an approved index.

   (5)   Number Adopted: More than one CIP and associated impact fee study may be adopted, so long as no more than one of each is effective for each category of necessary public facility at any one time. Multiple categories of necessary public facilities or improvements may be included in a single CIP and its associated impact fee study. (Ord. 3642, 1-21-2025)

   (1)   Annual Financial Report: The impact fee administrator shall prepare annual financial reports to be provided to the impact fee advisory committee, the mayor and the city council. The report shall include:

      A.   A description and amount of all development impact fees collected, appropriated or spent during the preceding year by category of public facility and service area;

      B.   The percentage of tax and revenue other than impact fees collected appropriated, or spent for system improvements during the preceding year by category of public facility and service area;

      C.   The length of time that unexpended impact fees have been held and the expiration date of those impact fees.

      D.   Funds shall be deemed expended when payment of such funds has been approved by the city. (Ord. 3642, 1-21-2025)

   (1)   Agreements: Nothing in this chapter shall prevent or prohibit private agreements between property owners or developers and the City in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer, including inter-project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project.

   (2)   Extraordinary Impact: The City shall not be obligated to approve development which results in extraordinary impact.

   (3)   Reduction In Level of Service: The City shall not be obligated to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels as established herein.

   (4)   Orderly Development: This ordinance does not create any additional right to develop real property or diminish the power of the City in regulating the orderly development of real property within the service area.

   (5)   Eminent Domain: Nothing in this ordinance shall limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. (Ord. 3642, 1-21-2025)

   (1)   As used in this article, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates; the word shall, will or must is always mandatory; the word may is permissive; and the word should indicates that which is recommended, but not required.

   (2)   Nothing in this article shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to the effective date hereof.

   (3)   Nothing in this article shall prevent the city from requiring a developer to construct reasonable project improvements in conjunction with a project.

   (4)   Nothing in this article shall limit the ability of the city to enter into intergovernmental agreements as provided in section 67-8204A, Idaho Code.

   (5)   Violation of this article shall be subject to those remedies provided in this code. Knowingly furnishing false information to any official of the city charged with the administration of this article on any matter relating to the administration of this article including, without limitation, the furnishing of false information regarding the expected size or use of a proposed development, shall be a violation of this article.

   (6)   The captions used in this article are for convenience only and shall not affect the interpretation of any portion of the text of this article.

   (7)   If any paragraph, section, subsection, sentence, clause or phrase of this article is, for any reason, held to be invalid, inconsistent with the provisions of the Idaho impact fee act, section 67-8201 et seq., Idaho Code, unconstitutional and/or unenforceable, such provisions shall be deemed to be separate, distinct and independent and the remaining provisions of this article shall continue in full force and effect. (Ord. 3642, 1-21-2025)

   (1)   Purpose: The purpose of this chapter is to maintain an accurate listing of the trades, businesses, and professions located in the city in order to:

      A.   Further the health, safety, and welfare of the citizens of Caldwell so that the city, especially the police, paramedics, and firefighters, have knowledge of the materials and activities present within such businesses in the event of emergencies; and

      B.   Allow the city and other interested parties to better communicate with the Caldwell business community and comprehend the business categories that may be over or under served in the area.

   (2)   License Required: No person shall establish, engage in, operate, or carry on any trade, business or profession within the limits of the city until such person or entity has obtained a business license with the city as described in this section.

   (3)   More Than One Business at Same Location: In every case where more than one business, trade or profession shall be pursued or carried on in the same place by the same person at the same time, a license must be taken out for each business accordingly.

   (4)   Business Use, Name, Owner or Occupant Changes: When a business name, business use, business occupant or business owner changes, the business owner is responsible for obtaining from, and completing and submitting to Planning and Zoning, an application for a revised business permit.

   (5)   Payment of Fees; License Issuance: Every trade, business, or profession shall pay a fee to the planning and zoning department with the submission of their application. Such fee amounts are adopted by resolution of the city council.

   (6)   Contents and Authority of Licenses: Every license issued pursuant to this chapter shall contain and set forth the name, location, and type of each trade, business or profession for which such license is granted. Said license shall authorize the continuance of the business named therein for the term of such license, unless the place registered shall be closed. In such cases, planning and zoning shall be notified of the business closure and shall note the same in the register of licenses.

   (7)   License Issuance: No license shall be issued for the conduct of any business, if the premises and/or building to be used for the purpose do not fully comply with the requirements of the municipality and this chapter or are in violation of any provision of Caldwell City Code, or have active violations of the city code.

   (8)   Display of License: All active business licenses shall be posted and on display in a conspicuous place upon the business premises.

   (9)   Term of License: Licenses shall be valid for one (1) year, expiring on December 31st of each year. Each general business license shall be renewed before December 31st upon request to the planning and zoning department along with payment of the annual fee. Failure to renew a license shall result in the license becoming invalid.

   (10)   Violation and Penalties:

      A.   Violation; Penalty: If any person, persons, or entities exercise or carry on any trade, business or profession without first receiving a license from the city, or fail to renew a license, as required by this section, or violate any of the provisions of this section, he, she, or they shall be guilty of a civil infraction offense, punishable as provided by this chapter and Idaho Code. Unresolved fees may result in a lien being placed on the property. Unresolved violations may result in a misdemeanor citation.

      B.   Violation; Withholding: The City may withhold any approval and/or permit for any and all proposed activities or uses on any real property with outstanding violations of this title, except that such approval and/or permit shall not be withheld where such withholding would adversely affect the public health, safety, or general welfare. (Ord. 3642, 1-21-2025)

   (1)   Purpose and Applicability: It is recognized by the City that the regulations of Caldwell Chapter 10, Zoning Regulations cannot anticipate all specific circumstances of individual development applications. It is also recognized that there may be applications or solutions which are in keeping with the spirit and intent of these Articles but were not anticipated in a specific regulation. Therefore, planning and zoning may allow for an alternative method of compliance of the articles or sections specified in 10-03-16 (2) when explicit compliance is not feasible and the alternative complies with the spirit and intent of the applicable code and furthers the purposes of said applicable code to the same extent, or more, than the baseline requirement.

   (2)   TABLE 10-03-16:

   (3)   Conditions: Requests for alternative compliance are allowed only when one (1) or more of the following conditions are also met:

      A.   Topography, soil, vegetation, an unusually shaped lot, or other site conditions exist that make full compliance impossible or impractical;

      B.   Safety considerations make alternative compliance desirable;

      C.   Other regulatory agencies or departments having jurisdiction are requiring designs that conflict with the articles noted in the table above;

      D.   An alternative design method would provide additional environmental quality benefits;

      E.   The proposed alternative includes innovative design features based on smart growth principles, a unique targeted demographic, or other architectural and/or site design features that promote placemaking and walkable, mixed-use neighborhoods;

      F.   When a project contains deed restricted affordable housing.

   (4)   Standard and Precedent: Any proposed alternative method of compliance shall demonstrate an equal or superior means of compliance, and any approval thereof shall not establish any precedent for acceptance in other cases.

   (5)   Required Findings: In order to grant approval for an Alternative Method of Compliance to this chapter, the Director shall determine the following:

      A.   Alternative is consistent with the purpose of the applicable article or a specific master plan;

      B.   Strict adherence or application of the requirements are not feasible;

      C.   The alternative method of compliance provides an equal or superior means for meeting the requirements;

      D.   The alternative means will not adversely affect a neighboring property or resident and will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties;

      E.   Reflects an innovative or unique design that conforms to the requirements of the applicable article to the greatest extent possible but offers alternatives for addressing the intent of the standards by maintaining or exceeding the standards; and/or,

      F.   Includes a design required to maintain consistency and compatibility within an existing development.

   (6)   Minimum Submittal Requirements:

      A.   Narrative describing the proposed alternative(s), the specific standard(s) requiring deviation, and how the proposed alternative(s) is an equal or superior means of meeting each applicable standard that is part of the request.

      B.   Detailed site, landscape, and/or building elevations (preferably both architectural and color renderings) depicting the proposed alternative. (Ord. 3642, 1-21-2025)

   (1)   Purpose: The purpose of this Article is to establish procedures that guarantee the completion of required project improvements where City Engineer signature on a final plat or occupancy of a structure is desired, but the improvements required by the City have not been completed.

   (2)   Applicability: The provisions of this Article shall apply to those improvements that are not needed to protect public health, safety and life including, but not limited to: landscaping, required fencing, site amenities, and pathways. Those improvements that are needed to protect the public health, safety and life (including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving) shall be subject to the financial guarantee standards and procedures of the Caldwell Engineering Department (Section 11-04-07). This section may be applicable to sidewalks on a case-by-case basis.

   (3)   Standards:

      A.   The City may withhold building, electrical or plumbing permits, certificates of compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title or by previous approvals have not been constructed or installed, or if such improvements are not functioning properly.

      B.   In the event that an applicant and/or owner cannot complete the non-life, non-safety and non-health improvements, such as landscaping, amenities, pathways and pathway signage, and any required fencing, prior to City Engineer signature on the final plat for a subdivision, and/or prior to occupancy for developments that did not require platting, a surety agreement may be approved in accord with the procedures set forth in this section. The estimated cost for sureties (bids for the work to be completed) shall be provided by the applicant and reviewed and approved by the Director. The amount of surety called for shall be one hundred and fifty percent (150%) of the bid amount. In structures with multiple tenants, arrangements can be made to provide occupancy up to a certain amount with a bond in place.

      C.   Sureties shall be in the form of a surety bond, a cashier's check, or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the City of Caldwell, in accord with the regulations contained in the surety agreement by and between the guarantor and the City of Caldwell.

      D.   Prior to acceptance of any surety bond, the applicant shall provide the following information at a minimum:

         1.   Individual bids for each improvement being requested to be bonded for;

         2.   A written explanation of why the improvements cannot be constructed prior to occupancy or plat signature, and;

         3.   A site plan (scaled) or plat depicting the proposed improvements to be bonded for.

      E.   Where a surety is accepted by the City and deposited as provided by this article, the surety shall be released subject to the following regulations:

         1.   The owner shall submit a written request to the City to release the surety. The request shall include the following documents:

            (i)   A statement from the owner that the required improvements are complete.

            (ii)   A set of plans depicting the improvements that are now complete.

         2.   The Director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the City at the end of the noted period.

         3.   Upon certification of the Director, the City shall release the sureties heretofore deposited in the manner and to the extent provided for in the surety agreement in accord with the regulations of this article.

      F.   All improvements related to public life, safety and health shall be completed in accordance with Section 11-04-07. (Ord. 3642, 1-21-2025)

   (1)   Purpose: The purpose of this section is to implement the recommendations and goals of the Caldwell Comprehensive Plan by creating an optional incentive program with consistent criteria and standards for additional housing density to support a variety of housing choices, affordability, availability, and other desirable services and amenities in the local community.

   (2)   Applicability: This section is applicable to all developments containing residential uses within the City of Caldwell, as outlined in the comprehensive plan and zoning ordinance. Except for those developments located within the Neighborhood 1 place type, Conservation Area Development shall dictate the available density as outlined in 10-05-07-1(2).

      A.   Table 2 below shall not apply to development in the downtown districts, however, the criteria shall guide any density bonus in those districts with approval of a special use permit by Council.

   (3)   Criteria and Standards:

      A.   General Standards:

         1.   Affordable housing units (for rent or for ownership) shall be deemed affordable through deed restrictions at different income levels as noted in Table 2 below.

         2.   In the case of affordable housing units, said units shall be mixed with, and not clustered together or segregated from, market-rate units.

         3.   All zoning regulations not noted in this section as a density bonus criterion must be adhered to unless otherwise approved through the applicable public hearing process.

      B.   Criteria:

         1.   Affordable Units: Deed-restricted housing for which the household is paying no more than 30 percent of their gross income for rental or mortgage payments. Units shall be deed restricted for households with incomes as outlined in Table 2 below, based on the US Housing and Urban Development’s local Annual Median Income (AMI);

         2.   Universal Design: Units meeting the following standards:

            (A)   Zero-step entrances into the home/units;

            (B)   At least one entrance shall have a 36-inch door;

            (C)   Interior doors with 32-inch clearance, except for a door that provides access to a closet of fewer than 15 square feet;

            (D)   Maximum ½” vertical change at thresholds;

            (E)   Each hallway shall have a width of at least 36 inches and shall be level with ramped or beveled changes at each door threshold;

            (F)   At least one bathroom on the main floor that is accessible to a wheelchair;

            (G)   At least one bedroom on the main floor with a closet that has closet rods and shelves adjustable from 3' to 5'6" high.

         3.   Age-In-Place: Age-In Place units shall meet all of the universal design criteria as specified in 10-03-18 (3) 2, in addition to the following:

            (A)   Single-story units;

            (B)   All bathrooms shall have reinforced walls around the toilet for potential installation of grab bars. Walls around the shower and tub shall be reinforced for potential installation of grab bars or a pre-manufactured tub and shower surround may be used which includes grab bar(s) certified to meet the ADA requirement to bear a 250-pound load;

            (C)   Switches, outlets and thermostats at 15" to 48" above the floor.

            (D)   Each electrical panel shall be mounted no higher than 48 inches above the floor, except, an electrical panel located outside the dwelling unit shall be between 18 inches and 42 inches above the ground and served by an accessible route;

            (E)   All hardware installed to open/close doors and operate plumbing fixtures shall be lever handles;

            (F)   All light switches shall have rocker type light switches;

            (G)   All closets shall have rods and shelves adjustable from 3' to 5'6" high.

         4.   Amenities above any minimum code requirements where none are required by code;

         5.   Housing Diversity: A mix of housing options within a singular development that caters to various lifestyles and preferences. This includes a mix of smaller and larger homes, duplexes, triplexes, fourplexes, multi-family apartments, patio homes, cottage courts, and/or homes constructed with accessory dwelling units);

         6.   Open Spaces: Dedication to the City and/or amounts above code minimums;

         7.   Regional Connectivity above City requirements;

         8.   The inclusion of specific uses the city has deemed needed or desirable for the community.

      C.   Density Bonus Points System: The Caldwell density bonus program shall be based upon a points system where portions of and up to the full density bonus, as outlined below, is available. The points system outlines the ratio of density bonus to the specific incentive criteria available to developments. The city understands that not all situations can be accounted for within code and some alternatives to Table 2 may be discussed with the Director on a case-by-case basis:

      D.   Density Allowances:

 

         1.   Points System: In order to receive the full density bonus outlined in this section and within the Comprehensive Plan, a minimum of four (4) criteria points need to be met. Otherwise the following ratios shall be the maximum density bonus allowed based upon the point total obtained by the development proposal:

            (A)   ½-point shall equal 10% of the available density bonus (if the 10% is less than 1 du/ac, a minimum of 1 du/ac shall be the available density bonus).

            (B)   1-point shall equal 25% of the available density bonus.

            (C)   2-points shall equal 50% of the available density bonus.

            (D)   3-points shall equal 75% of the available density bonus.

            (E)   4-points shall equal the full, 100%, of the available density bonus.

         2.   Density Bonus Points System Table:

 

      E.   Minimum Design Standards:

         1.   For projects that utilize any deed restricted affordable housing as outlined herein, the following minimum design standards shall be required:

            (A)   A minimum of two (2) distinct primary materials and colors shall be used with a minimum of one (1) distinct accent material and color; said accent color shall be different than the primary color.

            (B)   Unfinished or colored ordinary smooth face block, untextured concrete panels, and prefabricated steel panels (i.e. non-insulated metal siding) are prohibited as primary materials but may be used as accent materials.

            (C)   Smooth vinyl siding is prohibited; textured vinyl siding (such as fiber cement board, Hardie-board, etc., or similar) is permitted provided it does not include a blank wall segment of more than 300 square feet on any elevation. A mix of material patterns is encouraged when textured vinyl siding is utilized, including, but not limited to: board and batten, horizontal and vertical lap, shake, or shingles.

            (D)   Physically heavier and more robust materials such as concrete, masonry, stone, or similar materials are encouraged along all street facing elevations.

            (E)   If a multi-story structure is proposed, an accent material or other architectural element shall be utilized to delineate between each floor to separate the bottom, middle, top, etc.

            (F)   At least one type of modulation is required on any façade plane that is visible from a public street or public space. Qualifying modulation includes projections, recesses, and step backs that break up building mass. Modulation shall be a minimum width and depth of one (1) foot and encompass at least 25% of the façade area.

            (G)   Any combination of material, color, modulation, or other articulation shall be used to delineate and break up wall planes greater than three hundred (300) square feet in area and/or between each dwelling unit. (Ord. 3663, 4-21-2025)