(1)   Applicability: The zoning district regulations and standards established in this section shall apply to all commercial zoning districts established in this section, unless specifically stated otherwise in a specific article in this chapter.

   (2)   Residential Uses in Nonresidential Zones: Residential uses in nonresidential zones shall have the same requirements as set forth in the R-3 Zone. (Ord. 3665, 4-21-2025)

   (1)   Intent: Caldwell’s five (5) commercial zoning districts are primarily intended to permit development of property for the full range of market driven commercial uses needed to serve the citizens of the Caldwell and surrounding areas. The districts, while distinct, permit a variety of shopping and service opportunities

   (2)   District Map Symbol / Names:

      The city’s commercial zoning districts are listed below. Changes have been made to the H-C district name, which has no impact on current land use entitlements or property rights.

      When this zoning and development code refers to “commercial” zoning districts or “C” or “H-C” districts, it is referring to these districts.

 

 

   (3)   District Purpose Statements:

      A.   C-1 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that accommodate small-scale, low-intensity retail, restaurant, office, and service-oriented businesses that serve the day-to-day needs of nearby residential neighborhoods.

      B.   C-2 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that accommodate businesses which provide convenient goods and services to a daytime work population as well as the residents of surrounding neighborhoods.

      C.   C-3 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that accommodates a wide variety of retail, personal service, office, restaurant, and other commercial service uses, primarily within and along Caldwell’s major corridors that primarily serve the city and the region.

      D.   C-4 ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan where activities of a commercial service nature are carried out. Uses within this zone may be more intensive in character than in other commercial zones and may include some semi-industrial uses.

      E.   H-C ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that accommodates more intense commercial activity serving the commercial needs of the city of Caldwell and the region than what may be provided within the C-3 zone. This zone would allow for a heterogeneous mix of uses, including major retail centers, large-scale office parks, medical centers, wholesale businesses, and highway oriented commercial businesses. Uses within this zone are intended to be more mixed-use in nature and have frontage or access off of major arterial or collector roadways. (Ord. 3665, 4-21-2025)

   (1)   Purpose: This section sets forth the permitted and specially permitted uses Caldwell’s commercial 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.

      D.   Uses Not Allowed. An empty cell indicates that the use is not allowed in the respective zoning district, unless otherwise specified elsewhere in this chapter.

   (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; and

         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 that is not listed in the use table, the Director shall also determine whether additional use-specific standards are necessary.

      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:

      A.   More than one classification of uses and more than one use within these use classifications shall be permitted on a lot or parcel in the commercial districts without a planned unit development application, if the proposed individual uses are permitted uses or special uses, unless otherwise specified within the specific use provisions for a mixed-use development.

      B.   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 single family residential.

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

      D.   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. 3665, 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 bulk and 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: All setbacks shall be measured from the lot / property lines. 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.

   (4)   Residential Uses in Nonresidential Zones: Residential uses in nonresidential zones shall have the same requirements as set forth in the R-2 Zone. This includes, but is not limited to, requirements for setbacks, frontages, lot size and dimensions, signage, and fencing.

   (5)   Projections:

      A.   No part of the building whatsoever, including cornices, canopies, eaves, foundations, stairs, steps, 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;

      B.   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.

   (6)   Dimensional Standard Table: The allowances set forth below are applicable to all commercial zoning districts. All minimum standards shall be met, along with compliance with maximum densities as specified in 10-06-05.

 

(Ord. 3665, 4-21-2025)

The density allowances set forth below are applicable to all commercial zoning districts where residential is permitted within this chapter and are based on the place types within the City of Caldwell Comprehensive Plan.

 

 

(Ord. 3665, 4-21-2025)

Different development options are offered in commercial districts where residential is permitted, 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 easement 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 when a mixed-use project with residential is proposed with an H-C zoning designation. 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. (Ord. 3665, 4-21-2025)