(1)   Applicability: The zoning district regulations and standards established in this section shall apply to all residential zoning districts established in this section, unless specifically stated otherwise in a specific article in this chapter. (Ord. 3664, 4-21-2025)

   (1)   Intent: Caldwell’s residential (R) zoning districts are primarily intended to create, maintain, and promote a variety of housing opportunities for individual households and to maintain the desired physical character of existing and developing neighborhoods. While the districts primarily accommodate residential use types, some nonresidential uses are also allowed. The R district standards provide development flexibility, while at the same time helping to ensure that new development is compatible with the city’s many neighborhoods. In addition, the regulations offer certainty for property owners, developers, and neighbors about the limits of what is allowed.

   (2)   District Map Symbol / Names: The city’s residential zoning districts are listed below. Changes have been made to the zoning district names, which has no impact on current land use entitlements or property rights.

   When this zoning and development code refers to “residential” zoning districts or “R”, “RS” districts, it refers to these districts.

 

 

   (3)   District Purpose Statements:

      A.   RS-1 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that provides areas which are characterized by large residential lots that help transition Caldwell’s denser neighborhoods to the agricultural surroundings. This zone accommodates low-density single-family residential dwelling units (including accessory dwelling units) and agricultural type land uses, while protecting and enhancing surrounding county areas that are more rural in character. The RS-1 district is applied to areas that are at the outer edge of the city, closest to the boundary between the city’s planning area and the county’s planning area.

      B.   RS-2 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that provides areas which are characterized by large residential lots, although slightly smaller residential lots than within the RS-1 zone, that accommodate low density single-family residential dwelling units (including accessory dwelling units). The RS-2 zone serves as a transition between Caldwell’s denser neighborhoods and the RS-1 zone.

      C.   R-1 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that accommodate single-family residential (including accessory dwelling units), townhomes, and duplexes. Small-scale commercial uses may be found at major intersections of arterial and collector roadways, along highway frontages, or as part of a planned unit development or master planned community, in order to provide greater access of services to the surrounding neighborhoods.

      D.   R-2 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that accommodates a larger variety of lot sizes and housing types. This includes single-family residential (including accessory dwelling units) and missing middle housing types such as townhomes, duplexes, triplexes, fourplexes, cottage courts, small scale multi-family, or mansion house apartments. Supporting or secondary land uses may include small-scale mixed-use or live/work housing types, and commercial activities and services that are generally only found at major intersections of arterial and collector roadways.

      E.   R-3 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that which allows for multifamily, townhomes, row-housing, mixed-use buildings, and live/work units. Single family may be present in forms such as small lot development, infill, or cottage courts. This zone is situated along or near major streets such as collectors and arterials. It is also generally located near pedestrian connections and commercial services. Supporting or secondary land uses may include medium scale commercial along major roadways or within a mixed-use development. This district may serve as a buffer between R-2 Zones and nonresidential or mixed-use zones. (Ord. 3664, 4-21-2025)

   (1)   Purpose: This section sets forth the permitted and specially permitted uses Caldwell’s residential zoning districts. For Overlay Zoning Districts, see Chapter 10, Article 11.

   (2)   Explanation and Key to Land Use Table Abbreviations:

      A.   Permitted Uses (P): A “P” in a cell indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this zoning ordinance.

      B.   Administrative Development Review (ADR): An “ADR” in a cell indicates the use is allowed by right but requires the submission of an Administrative Review application and the issuance of a Certificate of Zoning Compliance prior to submission of building permits and the commencement of any construction. In addition, all land uses allowed by right in which a building permit is not required will require the submission of an Administrative Development Review (ADR) application to allow for the review of the land use, site plan, parking, landscaping and compliance with all other applicable city code regulations and laws.

      C.   Special Use Permit (SUP). A “SUP” in a cell indicates that the use is allowed in the respective zoning district only if reviewed and approved as a special use, by the commission or hearing examiner in accordance with the special use permit procedures of this chapter. A “SUP/C” in a cell indicates that the use is allowed in the respective zoning district only after it has been reviewed and approved by the City Council.

         1.   Special uses are subject to all other applicable regulations of this chapter.

         2.   The “SUP” or “SUP/C” designation in a given district does not constitute an authorization or assurance that such use will be permitted. Rather, each special use permit application shall be evaluated as to its probable effect on adjacent properties and surrounding areas, among other factors, and may be approved, approved with conditions, or denied pursuant to the procedures in Section 10-03-04, Special Use Permits.

      D.   Uses Accessory to the Principal Use (A). An “A” in a cell indicates the land use is permitted only as an accessory land use to an approved principal use only.

      E.   Temporary Use Only (TUP). A “TUP” in any cell indicates that the use is only permitted as a temporary use only. Temporary use permits may be required in accordance with Section 10-12-03-34.

      F.   Specific Use Provisions (*). A “*” in any cell indicates that regardless of whether a use is allowed by right, or as a special use, temporary use, or accessory use, additional standards may be applicable to the use. Refer to Chapter 10, Article 12 of this chapter for Specific Use Provisions.

      G.   Uses Not Allowed. An empty cell indicates that the use is not allowed in the respective zoning district.

   (3)   Classification of New and Unlisted Uses:

      A.   If a proposed use of property is not specifically listed in this table, the use shall be prohibited unless the Director, upon the request of an applicant, determines that a proposed use not listed in this table, is equivalent to a listed permitted or special use. In making the decision, the Director shall consider the following:

         1.   The impacts on public services and activities associated with the proposed use are substantially similar to those of 1 or more of the uses listed in the applicable base districts as allowed.

         2.   The proposed use shall not involve a higher level of activity or density than 1 or more of the uses listed in the applicable base districts as allowed.

         3.   The proposed use is consistent with the purpose of the district in which the use is proposed to be located.

         4.   The proposed use is in substantial conformance with the goals and objectives of the Comprehensive Plan.

         5.   The Director may also use past precedent, case law, and legal opinion in making the determination.

         6.   When considering a use not listed in the table, the Director shall also determine whether additional use-specific standards are necessary.

      B.   If the Director denies an application for such a requested use, the applicant shall have the right, within the period of ten (10) days from the date of such disapproval, to appeal the Director’s decision to the City Council. The decision of the City Council shall be final.

   (4)   Mix of Uses/ Buildings:

      A.   RS-1, RS-2, and R-1 Zones: In RS-1, RS-2, and R-1, only one principal structure or building may be built upon a single parcel or lot, except as it may be otherwise specified in this article and/or as part of a planned unit development.

      B.   R-2 and R-3 Zone:

         1.   More than one classification of uses and more than one use within these use classifications shall be permitted on a lot or parcel without a planned unit development application, provided the proposed individual uses are permitted uses or special uses.

         2.   More than one principal structure or building, without having a planned unit development, are allowed upon a single development site, with the exception of a site utilized for or containing a single-family residence.

         3.   In the case of a proposed special use, such application should proceed through the standard procedures of a special use permit application.

      C.   Residential uses are prohibited along the frontage of all arterial roadways and highways within the Mixed-Use or Community Center place types, as designated on the Future Land Use Map, unless part of a Mixed-Use Small-Scale or Mixed-Use Large-Scale building in compliance with section 10-12-03-25.

   (5)   Land Use Schedule:

 

 

(Ord. 3664, 4-21-2025)

This section contains the requirements for lot size and coverage, scale and massing, and setbacks for all types of development. These standards may be further limited or modified by other applicable sections of this chapter. Some uses are subject to use-specific standards or overlay district requirements that impose stricter requirements than set forth in this subsection.

   (1)   Setback Reduction: The minimum setback provisions may be reduced with a Director’s administrative determination in accordance with Section 10-01-02-3, a variance approval, or a planned unit development approval, whichever may be most applicable.

   (2)   New Construction: All new construction shall comply with the current dimensional standard schedule in effect at the time the building permit was filed, excluding alternative setback, height, and/or area schedule requirements as approved through a planned unit development, Development Agreement, or other Planning application.

   (3)   Setback Measurements: Regardless of the noted setbacks in each section, in no case shall new construction be placed within any public right-of-way or utility easement unless express permission has been granted by the applicable agency/jurisdiction.

      A.   For new construction, all setbacks are measured from the property line. When the property is constrained, an approval to modify this measurement location may be granted by the Director after the submission of a Minor - Administrative Determination application.

      B.   For additions to existing single-family residential structures, front and street side yard setbacks may be measured from the back of sidewalk or anticipated sidewalk location where no sidewalk currently exists, when the property is constrained, and an approval is granted by the Director after the submission of a Minor - Administrative Determination application.

      C.   All other setbacks are the distance between a building’s outermost edge of the outermost foundation wall and the lot/property line.

   (4)   Projections:

      A.   Cornices, canopies, eaves, porches, covered patios, or other projections which do not increase the volume of space enclosed by the building may project into any required side yard by no more than two feet (2') and in no case shall be closer than 3 feet from the side property line. Projections may encroach a maximum of five feet (5') into any required rear yard setback. Said encroachment shall be measured from the far edge of the projection, not the footing, post, or similar.

      B.   Unenclosed porches may extend into the front setback area provided a minimum setback of fifteen feet (15') from the back of sidewalk, or anticipated sidewalk location where no sidewalk currently exists, is maintained. If the living area setback is fifteen feet (15') or less, unenclosed porches may not project into the front setback and shall comply with the living area setback outlined in the applicable dimension table.

      C.   Exterior steps or stairs shall not project into required side yards.

      D.   No part of the building whatsoever, including cornices, canopies, eaves, foundations, footings, air conditioning units, etc., shall extend into any recorded or nonrecorded easement or easement area, nor any existing or future right-of-way or right-of-way area unless the utility or agency having jurisdiction over the easement or right-of-way has given written permission for such projection to take place.

      E.   Should a structure be found to be in nonconformance with this article, the following shall apply:

         1.   Structure shall be removed by and at the property owner’s expense within five (5) days of a request by the City or utility to remove said structure.

         2.   Structure can be removed by the City or utility after the five (5) day deadline has expired, without the property owner’s permission and without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for any existing or future public right-of-way areas or easements. Furthermore, City or utility shall not be responsible for any damage caused to structure during the process of removal.

         3.   Property owners shall sign and have notarized a statement prepared by the City acknowledging the above items.

   (5)   Dimensional Standards Table: The allowances set forth below are applicable to all residential zoning districts. All minimum standards shall be met, along with compliance with maximum densities as specified in 10-05-05.

 

(Ord. 3664, 4-21-2025)

The density allowances set forth below are applicable to all residential zoning districts and are based on the place type land use designations within the City of Caldwell Comprehensive Plan.

 

(Ord. 3664, 4-21-2025)

Different development options are offered in R districts to accommodate a variety of community and lifestyle choices. The options described in this section may be used at the property owner’s election.

   (1)   Standard Conventional Development: “Standard Conventional development” is any development that is not part of an approved density bonus program, conservation development, planned unit development or master planned community. All regulations and provisions of the code are applicable

   (2)   Density Bonus Program Development:

      A.   The density bonus program development option is applicable only within the R-2 and R-3 zoning designations. It offers additional density if a project meets certain criteria. The density bonus program standardizes how additional density is awarded and creates standards that are more evenly enforced throughout the city. The program addresses unique goals and desired development types in different parts of the city.

      B.   Property owners may select which components are most relevant to their project in order to achieve a certain level of density increase. Density increases are given based on a scoring matrix in accordance with Section 10-03-18 of this chapter.

   (3)   Conservation Area Development:

      A.   The conservation area development option is applicable only within the RS-1 and RS-2 zones. It allows for an increase up to 3 du/ac in exchange for the preservation of open space and agriculture. Development with a recorded, deed-restricted conservation area may create a consolidation of residential development on one portion of the property in order to preserve open space. Conservation area development shall be in accordance with 10-05-07-1 (2) of this section. (Ord. 3664, 4-21-2025)

   (1)   General Regulations:

      A.   All development shall preserve the site’s natural and environmental features, preserving wherever possible, the natural topography, drainage, and rare native plant species.

      B.   All developments shall incorporate the use of open spaces, including pastures or other agricultural fields, and wildlife corridors to create well defined edges to each neighborhood.

      C.   Preservation Of Vistas: Where the land has a suitable slope from which there are long range views, building structure and arrangement shall preserve various vistas for all parts of the development and for adjoining land.

      D.   Building Placement: Buildings set far from roadways and from each other, unless part of a cluster development in accordance with subsection (2) below.

   (2)   Conservation Area Development:

      A.   A minimum of 40% of the overall acreage shall be preserved within a deed restriction recorded against the property. A conservation area may allow natural environment preservation or continued agricultural production, but the area shall remain undeveloped.

      B.   The maximum permitted density for the entire parcel, including the conservation area, may be clustered on the remaining portion of the land.

      C.   In cluster development, views of housing lots from exterior road and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

      D.   House lots shall be accessed from interior streets rather than from roads bordering the land.

      E.   Projects shall be designed to minimize the extent of public infrastructure needed to service the development or in such a way that the conservation area is closest to the more rural areas.

      F.   Project shall be designed to protect viewsheds, buffer agricultural uses from residential development, or facilitate connectivity between agricultural or conservation areas.

      G.   If part of a final plat, the conservation area shall be noted on the recorded final plat. Where the development is not subdivided through the subdivision platting process, a deed restriction shall be recorded against all lots or parcels part of the conservation area to prevent any future development of the land. (Ord. 3664, 4-21-2025)

   (1)   The following design standards shall be required with any Dwelling - Two-Family Duplex residential structure:

      A.   A minimum fifteen (15) foot landscape buffer shall be installed along the perimeter of any development or subdivision that contains more than three (3) two-family duplex residential structures when directly adjacent to any single-family detached dwellings. This buffer shall be landscaped per the buffer standards in 10-02-09-6, Buffers Between Different Land Uses.

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

      C.   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.

      D.   Smooth vinyl siding is prohibited; textured vinyl siding (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.

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

      F.   If multi-story, an accent material or other architectural element shall be utilized to delineate between each floor.

      G.   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.

      H.   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. 3664, 4-21-2025)