(1)   Applicability: The zoning district regulations and standards established in this section shall apply to all districts established in this section, unless specifically stated otherwise in a specific article in this chapter. (Ord. 3667, 4-21-2025)

   (1)   Intent: Caldwell’s urban core zoning districts are primarily intended to:

      A.   Provide for and encourage a mix of complimentary residential and non-residential land uses to take place in a variety of forms which are usually categorized as one of three types: vertical mixed-use, horizontal mixed-use and mixed-use walkable.

      B.    Create economic and social vitality and reduce vehicle miles traveled.

      C.   Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians.

      D.   Provide flexibility in the location and design of new developments and redevelopment to anticipate changes in the market.

      E.   Reinforce streets as public places that encourage pedestrian and bicycle travel.

      F.   Provide roadway and pedestrian connections to residential areas.

      G.   Provide transitions between high traffic streets and neighborhoods.

      H.   Encourage efficient land use by facilitating compact, high-density development and minimizing the amount of land that is needed for surface parking.

      I.   Facilitate development (land use mix, density and design) that supports public transit, where applicable.

      J.   Encourage adaptive reuses of buildings.

   (2)   District Map Symbol / Names: The city’s urban core 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 “urban core” zoning districts or “D-CC”, “D-CB”, or “T-N” districts, it refers to these districts.

 

 

   (3)   District Purpose Statements:

      A.   D-CC ZONE: The Downtown City Center (D-CC) district is the heart of downtown, providing opportunities for infill and redevelopment, while retaining the traditional “Main Street” character. The district is intended to provide areas by zoning procedures in accordance with the comprehensive plan that accommodates a broad mix of pedestrian-oriented active uses such as retail shops, restaurants, and entertainment venues, as well as urban residential units and visitor lodging, to promote a lively street environment and expanded hours of activity. Vertical mixed-use development projects will have active uses on the first floor, with office users or urban residential units on the upper floors. Where the upper floors contain a mix of office and residential, the office uses shall be on the lower floors, with the residential uses above. A pedestrian-friendly environment is encouraged in this district, with buildings located near the front sidewalk and parking located to the side or rear.

      B.   D-CB ZONE: The Downtown Central Business (D-CB) district provides for more urban-intensity mixed-use development in areas of Downtown that contain larger tracts of vacant or underutilized land. It is intended to provide areas by zoning procedures in accordance with the comprehensive plan that provides opportunities for concentrations of convention space, public and semi-public governmental offices, hotels, urban residential and similar uses that typically have more intensive land requirements or need larger parcels of land than could be readily accommodated in other areas of Downtown. The outside boundaries of the central business district, serves as a buffer area, providing a gradual transition between the urban dense patterns of development desired in other locations of Downtown and the surrounding neighborhoods. New buildings should provide amenities for adjacent neighborhoods and enhance the appearance of gateways downtown. A broad range of uses is permitted in this district provided the design of the uses is compatible with the established character of the area.

      C.   T-N ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that provides areas for residential, mixed-use, cottage industries, adaptive reuse, and small-scale retail, office and service uses. This zone generally abuts or serves as a transitional zone between the more intense mixed-use center of downtown and other surrounding neighborhoods. Development patterns usually include small lots, in a compact development form within a non-automobile-depending environment. (Ord. 3667, 4-21-2025)

   (1)   Purpose: This section sets forth the permitted and specially permitted uses Caldwell’s urban core 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 proposed use is not similar to a use that is specifically listed as prohibited.

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

         7.   When considering a use not listed within 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.   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 urban core districts without a planned unit development application approval, if the proposed individual uses are permitted uses or special uses, or as otherwise provided within the mixed-use special use provisions.

      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, unless otherwise permitted by this Article.

   (5)   Land Use Schedule:

      A.   The following is a list of allowed land uses within the urban core zones.

      B.   Some uses shown within the table below may be prohibited based on a specific overlay zone. Refer to Section 10-11-07: Special Development and Urban Design Overlay Districts for prohibited uses.

      C.   Where a conflict exists between this schedule and the overlay district prohibitions, the more restrictive shall govern.

 

 

(Ord. 3667, 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 and/or zoning districts are subject to use-specific standards, design and development standards, or overlay district requirements that impose stricter requirements than set forth in this subsection.

   (1)   Setback Reduction: The minimum setback yard 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.

      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)   Stricter Standards and Provisions Govern: If the site and building design and development standards specific to a zone are stricter than the provisions listed in this section, the more restrictive shall govern.

   (5)   Bulk and Dimensional Standards Table:

 

   (6)   Encroachments:

      A.   Chimneys, overhangs, cornices, eaves, bay windows, porches, canopies, balconies, platforms, covered patios, or other similar architectural projections, may encroach into any setback, easement or right of way by no more than four feet (4'), subject to compliance with applicable standards of the fire and building code and provided any such encroachments are a minimum of fourteen feet six inches (14'6") above sidewalk or street/alley grade.

      B.   Public spaces may encroach into the setbacks from Indian Creek.

      C.   No encroachments of any type are allowed in, on or over any easement(s), except that such encroachments may be allowed with written permission from any affected utility or agency having jurisdiction over the easement and with a signed and notarized statement, as prepared by the city, from the property owner acknowledging that: 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; 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; and the city and/or utility and/or agency having jurisdiction over the easement shall not be held liable or responsible for any damages to or replacement costs for said structure.

      D.   Downtown Districts: If used, arcades, galleries, colonnades and awnings, and the like may encroach into the public right of way to within twenty- four inches (24") to thirty inches (30") of the curb face if a street or completely to the far edge of the alley if an alley. All such encroachments must be a minimum of fourteen feet six inches (14'6") above sidewalk grade or alley grade, whichever is applicable.

      E.   Balconies, bay windows, eaves, cornices, overhangs, and cantilevered rooms on upper floors may encroach into the public right of way to within twenty-four (24) to thirty inches (30") of the curb face.

      F.   All public right of way encroachments shall be a minimum of fourteen feet six inches (14'6") above sidewalk grade.

      G.   Vision Triangle: There shall be nothing that shall interfere with the vision triangle standards set forth in section 10-07-07 of this chapter.

      H.   Placement Of Nonpermanent Items: The placement of nonpermanent items, such as chairs and tables, in alleys and right-of-way on a temporary or seasonal basis, shall be regulated by section 10-08-09-9. (Ord. 3667, 4-21-2025)

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

 

 

(Ord. 3667, 4-21-2025)

Different development options are offered in districts where residential is an allowed use, 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 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. Density bonuses are not applicable in the R-1 zone.

      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: Density Bonus Program, of this chapter. (Ord. 3667, 4-21-2025)

   (1)   Applicability: The provisions within this section are applicable to the T-N district, unless otherwise noted herein. The provisions listed in this section are in addition to all other standards and regulations as specified within this chapter.

   (2)   In addition to the requirements of this section, new construction, additions, or any exterior renovation on all properties within the Indian Creek Corridor (“within” meaning either completely within or partially within any portion of the Indian Creek corridor) are also subject to provisions set forth in Chapter 10, Article 11, SO-1: Indian Creek Corridor Overlay Zone of this chapter.

   (3)   In addition to the requirements in this section, new construction, additions, or alteration of properties within a designated historic district contained within the traditional (transitional) neighborhood zone are also subject to provisions set forth in Chapter 10, Article 11 of this chapter.

   (4)   Any design guidelines, standards, or policies adopted by the City Council are applicable and enforceable within the district.

   (5)   Fencing:

      A.   Fences within the T-N zone are permitted and shall be in accordance with Section 10-02-07 of this chapter, except that fencing materials shall be made out of wood, vinyl, wrought iron, masonry or similar materials approved by the director. Chain link fencing, and any type of wire fencing shall be prohibited, except as otherwise specified herein.

      B.   Construction Sites: A maximum of six feet (6') high chain link fencing with black fabric is permitted only around construction sites that have been approved by the city and in accordance with this section. (Ord. 3667, 4-21-2025)

   (1)   Applicability: The provisions within this section are applicable to both the Downtown City Center (D-CC) and Downtown Central Business (D-CB) districts, unless otherwise noted herein.

   (2)   In addition to the requirements of this section, new construction, additions, or any exterior renovation on all properties within the Indian Creek Corridor (“within” meaning either completely within or partially within any portion of the Indian Creek corridor) are also subject to provisions set forth in Chapter 10, Article 11, SO-1: Indian Creek Corridor Overlay Zone of this chapter.

   (3)   In addition to the requirements in this section, new construction, additions, or alteration of properties within a designated historic district contained within the downtown districts are also subject to provisions set forth in Chapter 10, Article 11 of this chapter.

   (4)   Any design guidelines, standards, or policies adopted by the City Council are applicable and enforceable within the districts. (Ord. 3667, 4-21-2025)

   (1)   The use of the public right-of- way for the exchange of goods or services shall comply with all of the following:

      A.   The use on the public right-of-way is associated with a business located immediately adjacent to the public right-of-way location.

      B.   The location of the business activity does not create a safety hazard for motorists, bicyclists, or pedestrians.

      C.   The business activity maintains sufficient minimum walking space of four feet (4') for the free passage of pedestrians along the sidewalk and access to other adjacent businesses.

      D.   The location and design of the business activity does not unreasonably obstruct the visibility of any adjacent businesses.

      E.   The business activity does not generate litter, noise or other nuisances that would be objectionable to the public or other businesses in the immediate area, including:

         1.   Adequate refuse containers shall be provided.

         2.   Hours of operation are sensitive to the surrounding neighborhood.

         3.   No music or sound is amplified.

         4.   The area can be maintained in a clean condition.

         5.   Physical improvements can be removed or secured when not in operation.

         6.   Outdoor water faucets and the ability to adequately wash or clean the outdoor space on a routine basis are available.

         7.   The design of any improvements is consistent with the design requirements for the downtown districts.

         8.   The location of a business engaged in the sale of alcoholic beverages is separated from the public space with a barrier, fence, landscaping, or other demarcation.

         9.   The location of a temporary sandwich board shall meet the requirements set forth in this section and shall be removed when the primary business is closed. (Ord. 3667, 4-21-2025)

   (1)   Building Permits: Except in cases of public emergency as determined by the city’s building official or by court order, no permit for the demolition of a structure in the downtown districts shall be granted without first receiving approval for the demolition from planning and zoning.

   (2)   Permit Application: Any person seeking demolition in either of the downtown districts 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 ensure 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. All application fees must be paid prior to formal acceptance of any application.

   (3)   Permit Approval:

      A.   No approval will be granted unless a replacement land use and timeline has been proposed, reviewed, and approved.

         1.   If the proposed timeline for a replacement structure or use exceeds one (1) year but is less than two (2) years, a plan detailing how the property will be maintained will be required to be submitted, reviewed, and approved.

         2.   If a proposed timeline for a replacement structure or use exceeds two (2) years, or the proposed replacement structure or use does not commence within two (2) years, the city may require the property to be landscaped with a combination of decorative rock and native grass until such time as construction commences.

         3.   If common walls between two buildings are exposed due to demolition, the person performing the demolition shall be responsible for treating the walls with an architectural treatment that is similar to the front façade of the building, and with materials and colors as outlined within the design standards of this section. The wall treatment shall be in place within ninety (90) days of the date of demolition, unless a longer period is authorized at the time of approval of the demolition plans and shall be the financial responsibility of the owner of the property upon which the demolished building was located.

            (A)   Temporary treatment may be approved by the Director through the submission of an Administrative Determination application, for a period of time not to exceed one-hundred and eighty (180) days while development approvals are being obtained. (Ord. 3667, 4-21-2025)

Any dirt lot within the downtown city center district kept vacant for more than one hundred eighty (180) days, and with no plans for development to begin within one hundred eighty (180) days, shall be landscaped with a combination of decorative rock and native plants and/or grass landscaped and thereafter maintained in good order for the prevention of slum and blight. Landscaping shall be in accordance with a plan approved by planning and zoning. The landscaping shall be appropriate to an urban park or garden. All plant material shown on the approved plan shall be watered, fertilized, pruned, kept free from weeds and litter and replaced if diseased, injured or dead, consistent with good horticultural practices. Such lots shall not be used for storage or parking with the exception of a publicly owned lot being utilized for public parking and in compliance with the parking and surfacing requirements of this chapter. (Ord. 3667, 4-21-2025)

   (1)   Allowances: Fences within the downtown districts are prohibited, except for fencing and/or screening of parking lots, outdoor dining areas, trash enclosures, outdoor service and equipment areas, and construction sites in accordance with this section.

   (2)   Fence Height, Materials and Location:

      A.   Fencing materials shall be in accordance with this section. Chain link fencing, and any type of wire fencing shall be prohibited within the downtown districts, except as otherwise provided herein.

      B.   The maximum fence height within the downtown zoning districts shall be no more six feet (6'), unless otherwise specified below and elsewhere in this subsection.

      C.   Vision Triangle: There shall be no fencing exceeding three feet (3') in height in the vision triangle.

      D.   All fencing placed on any portion of the front property or on any portion of the side property lines measured twenty feet (20') back from the front property line, or any area in between said lines, shall not exceed three feet (3') in height and shall be constructed out of black decorative wrought iron.

      E.   Construction Sites:

         1.   A maximum of six feet (6') high chain link fencing with black fabric is permitted only around construction sites that have been approved by the city and in accordance with this section.

      F.   Fences in Rights of Way: There shall be no fencing in or on public right of way or future public right of way, unless approved by the city for outdoor dining purposes, or otherwise through an encroachment permit or license agreement.

      G.   Fences; Nonconforming: Fences which are nonconforming for any reason but were in place prior to the adoption date hereof may continue if maintained in good condition and repair, and provided they do not impede the safety of motorists or otherwise present a hazard. Safety and/or hazardous issues shall be remedied immediately. However, nonconforming fences may not be replaced unless replaced with materials in accordance with this article.

   (3)   Railings:

      A.   Safety Railings:

         1.   Safety railings are required for pedestrian areas adjacent to Indian Creek and as required by the International Code Council (ICC) codes where a change of grade occurs, such as dooryards or light courts facades.

         2.   Safety railings shall comply with ICC Codes and be a minimum of forty-two (42) inches in height. No opening shall allow a 4-inch sphere to pass through.

      B.   Decorative Railings:

         1.   Decorative railings or low fencing less than forty-two (42) inches in height may be used to separate outdoor at-grade dining areas, dooryards, lightcourts, or forecourts from public pedestrian areas where safety railing is not required.

         2.   The railings shall not impact pedestrian visibility.

         3.   The railings should reflect a turn-of-the-century style.

      C.   Materials: Railings shall be constructed of wrought iron, corten steel, or powder-coated steel or aluminum. (Ord. 3667, 4-21-2025)

   (1)   Purpose: This subsection shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare, to ensure protection of property values, and to preserve the character and integrity of the downtown.

   (2)   Applicability: These provisions shall apply to all existing residential and non-residential structures and all existing premises and constitute minimum requirements and standards for such premises and structures.

   (3)   Responsibility: The owner and/or occupant of the structure or premises shall maintain the structures and the premises in compliance with the requirements of this section.

      A.   Vacant Lots: Every owner of any vacant lot within the Downtown Districts has the duty to keep the lot clean and free from garbage, litter, standing water, debris, parked motor vehicles other than those parked in a lawfully existing parking or loading facility, and all things causing the property to be detrimental to the public health, safety, welfare or to the aesthetics of the downtown districts or properties in the vicinity.

      B.   Exterior Property Maintenance: All exterior property and premises shall be maintained in a clean, safe, and sanitary condition and free of trash, debris, junk, surface hazards, weeds, or other nuisances.

      C.   Sidewalk Maintenance: The owner and/or occupant of any building or premises shall be responsible for keeping all adjacent sidewalks, walkways and similar right of way areas maintained free from nuisances and hazardous conditions, including weeds, trash, debris, snow and ice.

      D.   Fences: All fences shall be maintained structurally sound and in good condition and repair in accordance with this chapter.

      E.   Exterior Structure Maintenance: All exterior surfaces, including but not limited to, doors, doors and window frames, cornices, porches, trim, balconies, decks, and similar shall be maintained in good condition.

         1.   Exterior Wood Surfaces: Exterior wood surfaces shall be protected from the elements and decay by painting or other protective covering or treatment approved by Planning and Zoning.

         2.   Siding and Masonry Joints: All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained, weather resistant and watertight.

         3.   Metal Surfaces: All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

         4.   Exterior Walls: All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface-coated where required to prevent deterioration.

         5.   Decorative Features and Overhang Extensions: All cornices, trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in safe condition. All overhang extensions including, but not limited to, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and condition.

         6.   Noxious Uses: No area or structure shall be used or occupied in any manner creating dangerous, injurious, noxious or hazardous conditions to the surrounding areas.

         7.   Compliance with Design Guidelines and Standards: All property shall be maintained in compliance with this chapter and with any adopted design guidelines, standards and provisions.

   (4)   Failure to Maintain; Unlawful. No owner of a property or structure shall, by willful action or willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure, including the maintenance and upkeep to areas within the public right-of-way, that are, by virtue of other codes and ordinances, the responsibility of the property owner to maintain. For the purposes of this section, maintenance and upkeep shall include but not be limited to keeping the exterior surfaces of the building compliant with design guidelines. All sites and areas around the building shall be kept free of debris, garbage, weeds, and free from dead or dying trees or landscaping or any other condition that constitutes a nuisance or other violation of the City Code. Maintenance shall also mean continuing compliance with all the conditions and standards of this chapter, including any special conditions of a permit, land use entitlement, development agreement, or design review approval given by the city or the design review commission.

      Violation of this section will constitute a nuisance and may be subject to any administrative, criminal, civil, or equitable remedy allowed by law and in accordance with Caldwell City Code and this chapter. (Ord. 3667, 4-21-2025)

   (1)   Intent: The intent of parking regulations within the downtown district is:

      A.   To encourage the redevelopment of smaller sites and the preservation and adaptive reuse of historic structures in Downtown by providing a more flexible approach to parking.

      B.   To create a friendly, walkable, and pedestrian-focused environment.

      C.   To minimize the visual and physical impact of surface parking lots on the downtown pedestrian environment.

      D.   To reduce the predominance of single-purpose parking lots in Downtown.

      E.   To make efficient use of available on-street parking.

   (2)   Standards:

      A.   Downtown parking shall comply with ½ of the parking requirements as specified in Section 610-02-05.

      B.   The parking requirements shall be met through any combination of on or off-street parking, on or off-site parking, leased parking, public right of way parking, or shared parking with another use or site.

      C.   Except, residential or multi-family within the downtown districts are prohibited from using off-site parking or public right of way parking as a method of meeting their off-street parking requirements and must comply with the full parking requirements as specified within Section 10-02-05.

      D.   Where permissible, off-site or off-street parking used in meeting the requirements shall be located within eight hundred feet (800') of the site.

      E.   Shared Parking: The amount of shared parking allowed with another use or site shall be determined through a parking study conducted by a credible professional that analyzes the parking needs of each individual use and site.

   (3)   Design Criteria: See Section 10-08-09-1 for specific parking design criteria. (Ord. 3667, 4-21-2025)

Outdoor storage is prohibited within the downtown districts, unless it is incorporated into the overall design of buildings so that the visual and acoustic impacts of these functions are fully enclosed, contained and out of view from adjacent properties and public streets. (Ord. 3667, 4-21-2025)

   (1)   General Provisions:

      A.   Except for temporary signs, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

      B.   All signs shall be designed and installed by a professional (e.g., architect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs) or others capable of producing professional results.

      C.   Permanent signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation, or others capable of producing professional results. The intent is to ensure public safety and to achieve signs with careful construction, neat and readable copy, and durability, to reduce maintenance costs and prevent dilapidation.

      D.   All signs shall be constructed of permanent materials and shall be permanently attached by direct attachment to a rigid wall, frame, or structure.

      E.   Design review and sign permits are required for all signs installed in the downtown districts.

      F.   Signage shall not interfere with vehicular or pedestrian traffic and shall not be more than three feet (3') high if located within the vision triangle area. Any signage that presents a safety hazard to vehicular or pedestrian traffic or located within the vision triangle area if more than three feet (3') in height may be removed and disposed of by city staff.

      G.   No signage, except temporary signs as outlined herein, shall be placed in any public right of way except signage placed on a projected awning or the like that extends into the public right of way or projected wall signage that extends into the public right of way.

      H.   The city of Caldwell may provide permanent signage within the downtown districts for the following purposes: highlighting landmarks and entry points to downtown or specific districts; highlighting the history of downtown Caldwell; providing maps and geographical information; on central locations, listing businesses within the downtown zoning districts; providing a designated place for posting fliers, posters for upcoming events, and public notices; providing one electronic reader board in the downtown city center district to be owned and maintained by the city to advertise special events as well as businesses located within downtown who would pay for such advertising. Such permanent signage shall be reflective of the types and styles contained within the page titled “Sidewalk Signage” contained with the “City Center Zoning District Design Guideline Pictures”, shall be placed on city property or property owned by the Caldwell east urban renewal agency, shall have to receive approval from city council through a public hearing prior to placement, and shall be owned, operated and maintained by and through the city of Caldwell. Individuals, groups, businesses, entities, services, etc., are prohibited from placing any signs on property not owned by them, except as may be posted by the city of Caldwell under the above guidelines.

      I.   Colors, Materials and Structures:

         1.   Colors: Colors on signs and structural members shall be harmonious with one another and relate to the dominant colors of the buildings on the site. Contrasting colors may be utilized if the overall effect of the sign is still compatible with building colors.

         2.   Materials: Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the site where the sign is located.

            (A)   Reflective Material Prohibited: Signs shall not be made of any reflective material.

            (B)   Permanent Signs: Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

         3.   Size Of Structural Members: The size of the structural members (e.g., columns, crossbeams, and braces) should be proportional to the sign panel they are supporting.

         4.   Use Of Individual Letters Encouraged: The use of individual letters incorporated into the building design is encouraged, rather than a sign with background and framing other than the structural wall.

         5.   Sign Maintenance and Repair: All signs, regardless of type, and all components thereof, including the supports, braces, and anchors, shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Maintenance shall be such that the signage continues to conform to any conditions imposed by this article, the sign permit or any applicable special use permits. Nothing in this code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition, a state of good repair and an aesthetically pleasing condition.

         6.   Display Of Merchandise: Display of merchandise does not count as signage and is permitted on site provided all merchandise is not within or over any public right of way area, or within or over any vision triangle area and all merchandise is in a clean, neat, safe, operable condition.

      F.   Sign Lighting:

         1.   External or internal light sources shall be directed and shielded from view so that they do not produce glare or reflection off the site (on to any adjacent property, or into a street or alley), or on any object other than the sign. This requirement is not intended to preclude the use of diffused exposed neon.

         2.   Sign lighting shall not blink, flash, flutter, scroll, or change light intensity, brightness, or color.

         3.   Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

         4.   Lighting for signs shall not create a hazardous glare for pedestrians or motorists either in a public street or on any private premises.

         5.   For energy conservation, light sources shall be hardwired fluorescent or compact fluorescent lamps, LED, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps are prohibited.

         6.   Sign illumination for externally illuminated signs shall have lighting fixtures or luminaires that are fully shielded that do not allow light or glare to shine above the horizontal plane of the top of the sign or onto any public right of way or adjoining property. (Ord. 3667, 4-21-2025)

   (1)   Freestanding Monument Signs:

      A.   Freestanding signs are prohibited within the downtown city center (D-CC) zoning district, with the exception of freestanding monument signs installed by the City of Caldwell or Destination Caldwell. Freestanding signs installed by the City of Caldwell or Destination Caldwell shall be a maximum of thirty-two (32) square feet and a maximum height of eight feet (8'). Signs within Indian Creek Plaza may be larger with the approval of a special use permit before City Council.

      B.   One (1) freestanding monument sign is permitted per street frontage within the downtown central business (D-CB) zoning district. Such sign shall not exceed fifteen feet (15') in height and thirty-two (32) square feet.

      C.   Monument signs shall include a minimum base height of 25 percent (25%) of the signs total height and include quality materials, such as brick, stone, and/or stucco, and shall be of colors that emulate the principal building.

      D.   Landscaping: All permanent freestanding and monument signs shall be landscaped in accordance with the requirements listed in the landscaping ordinance. The minimum required landscaped area for each permanent freestanding/monument sign shall be equal to or exceed the total square footage area of the face of one side of the sign(s).

   (2)   Electronic Message Center (EMC) or Changeable Copy Signs:

      A.   One (1) electronic message center or changeable copy sign may be permitted only when it is used in conjunction with, and as a part of, a permitted freestanding monument sign. The electronic message center or changeable copy sign portion shall not exceed twenty (20) square feet. Such signage shall be approved through a special use permit in these districts prior to installation. A sign permit is required prior to installation.

      B.   One electronic message center or changeable copy sign may be permitted to be installed on the wall of buildings where an “arts, entertainment and recreation” land use exists. The square footage is limited to a maximum of thirty-two (32) square feet, unless a special use permit is obtained.

         1.   All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the EMC lighting level at night down to a level acceptable as specified in this section.

         2.   EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds and these transitions may employ fade, dissolve, and/or other transition effects.

   (3)   Building Signs:

      A.   Building signs include all wall signs, hanging, projecting, blade, and suspended signs.

         1.   Building signs affixed to a building are permitted on properties used for commercial, industrial, public, semi-public or institutional purposes. Multiple signs are permitted, but the total signage area shall not exceed twenty percent (20%) of the total wall square footage upon which the sign(s) is placed. The total cumulative of all wall signs, hanging, projecting, blade, and suspended signs shall count towards the overall maximum square footage of signs.

            (A)   Wall Signs:

               i.   One (1) sign is allowed per business frontage with pedestrian entrance.

               ii.   Individual letters shall be a maximum of 36".

               iii.   Wall signs shall be mounted parallel to the building wall and shall not project out more than eighteen (18) inches from the wall or structure to which they are attached.

               iv.   Wall signs shall be installed a minimum of two (2) feet below the parapet or eave.

               v.   Mounting (1-story building): Wall sign shall be mounted above the 1st floor windows.

               vi.   Mounting (multi-story building): Wall sign shall be mounted between windows.

            (B)   Hanging, Suspended, Blade, and Projecting Signs:

               i.   One (1) sign allowed per business frontage with pedestrian entrance.

               ii.   Hanging, suspended and projecting signs that allow the sign to swing shall not exceed sixteen (16) square feet. No dimension shall be greater than three (3) feet.

               iii.   Blade signs shall not exceed six (6) square feet in size.

               iv.   Hanging, suspended, and projecting signs shall have a minimum clearance beneath the sign of twelve (12) feet. Blade signs shall be no closer than eight (8) feet above sidewalk surface.

               v.   Sign shall be redwood, sandblasted, hand carved or architecturally designed equivalent.

               vi.   Projecting signs may project out a maximum of thirty-six (36) inches.

            (C)   Lighting: External illumination by halo and gooseneck lighting is permitted.

            (D)   Permits: Sign permits are required prior to the installation of any sign.

   (4)   Awning Signs:

      A.   One (1) awning sign may be permitted per street frontage.

      B.   The awning sign shall be located completely on the awning valance.

      C.   Content may be affixed or applied to the face or side surfaces of an awning or backlit awning, provided the copy area of any sign copy does not exceed twenty (20) percent of the overall awning square footage.

      D.   Awnings shall be a minimum of eight feet (8') above sidewalk grade.

      E.   Awning valances shall have an eighteen inches (18") maximum height.

      F.   Lettering shall be a maximum of fifty (50) percent of the valence height.

      G.   Sign permits are required prior to the installation of any awning sign.

   (5)   Window Signs:

      A.   Window signs are permitted in windows with street or alley frontage. Permanent window signs shall not occupy more than fifteen (15) percent of the window area. The total area covered by temporary or permanent window signs shall not exceed twenty-five (25) percent of the window area.

   (6)   Temporary Signs:

      A.   Temporary and portable signs within the downtown districts are prohibited except as noted within this subsection.

         1.   Banners: Banners of any kind are prohibited within the downtown districts, except one (1) wall banner is allowed per storefront in lieu of a permanent wall sign, only while the permanent wall sign is being fabricated. The maximum size of the temporary wall banner is twenty-four (24) square feet and may only be displayed for a maximum of ninety (90) days.

         2.   Portable A-frame Signs: A business owner in the downtown districts may display one (1) portable A-frame sign in front of their business. Such sign may encroach upon the sidewalk so long as a minimum width of five feet (5') is maintained along all sidewalks and building entrances accessible to the public. The portable sign can only be displayed during the operating hours of the business and must be removed during non-business hours. The portable sign must be maintained in good condition at all times and be professionally done. The maximum height of the sign shall be three (3) feet and the maximum size shall be 6 sq. ft. (Ord. 3667, 4-21-2025)

   (1)   Applicability:

      A.   The following standards are applicable to all properties, structures and buildings located within the Downtown City Center (D-CC) and the Downtown Central Business (D-CB) zoning districts. This includes all new construction, additions and any exterior renovations.

      B.   In addition to the requirements of this section, new construction, additions, or any exterior renovation on all properties within the Indian Creek Corridor (“within” meaning either completely within or partially within any portion of the Indian Creek corridor that runs through the downtown zoning districts) are also subject to provisions set forth in section 10-11-05-1, SO-1: Indian Creek Corridor Overlay Zone of this article.

      C.   In addition to the requirements in this section, new construction, additions, or alteration of properties within a designated local historic district contained within the city center zone are also subject to provisions set forth in section 10-11-04-2: HD-2 Downtown Local Historic District Overlay Zone of this article.

      D.   Any design guidelines or policies adopted by the City Council are applicable and enforceable within the downtown districts. (Ord. 3667, 4-21-2025)

Each building shall comply with the following requirements for vehicle access, parking and services:

   (1)   Vehicular Access: Vehicular access shall be provided through an alley, where available. Where an alley is not present, vehicle access shall be provided through a driveway that is a maximum of 20 feet wide (unless otherwise specified by the Caldwell Fire Department), and with 2-foot-wide minimum planters on each side.

   (2)   Off Street Parking:

      A.   Off street parking may be provided in a garage, subterranean garage, parking structure, carport, uncovered, or a combination of any of the above.

      B.   Off Street Parking Locations: Off street parking shall be located to the rear or side of buildings.

      C.   Sizing and surfacing requirements as listed in sections 10-02-05(3)F and (3)G of this chapter shall be met, unless the off-street parking is a temporary surface parking lot in which the asphalt or concrete surfacing requirements shall be waived. Also waived for temporary surface parking lots are all parking lot landscaping requirements. “Temporary”, for purposes of this requirement, shall be defined as not being in use as a parking lot for more than one year.

   (3)   Requirements For Surface Parking Lots: The following requirements apply to permanent surface parking lots. The following requirements shall be waived for temporary surface parking lots. “Temporary”, for purposes of this subsection, shall be defined as not being in use as a parking lot for more than one year. Restricting vehicular and pedestrian access between adjoining parking lots at the same grade shall be prohibited.

      A.   Surface parking lots shall not exceed fifteen thousand (15,000) square feet in size unless divided by landscaping and pedestrian walkways.

      B.   Clear, well-lit paths from parking areas to the street and building entrance shall be provided.

      C.   The perimeter of parking areas shall be landscaped in accordance with section 10-02-09 of this chapter.

      D.   Sizing and surfacing requirements as listed in subsections 10-02-05(3)F and (3)G of this chapter shall be met.

   (4)   Requirements For Parking Structures:

      A.   Entrances to subterranean or above-ground parking structures shall be located to the side or rear of the lot.

      B.   Aboveground parking structures shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, articulation, modulation and finish materials.

      C.   Sizing and surfacing requirements as listed in subsections 10-02-05(3)F and (3)G of this chapter shall be met.

   (5)   Mechanical, Utilities and Other Service Equipment:

      A.   Service areas, including all utility access, above ground equipment, and trash containers, shall be located on the alley, where present. On sites not served by an alley, service areas shall be located at the rear or an internal location. Service areas shall be set back from the property lines and screened with a minimum of a six foot (6') high, sight obscuring, solid fence or wall.

      B.   Outdoor mechanical equipment, including, but not limited to, heaters and fans, shall not be located within fifty feet (50') of any abutting residential districts.

      C.   For roof mounted mechanical equipment; mechanical vents protruding through the roof and similar features shall be painted so as to match the color of the roof. Exposed metal flashing or trim shall be anodized or painted to blend with the exterior colors of the building. Roof mounted mechanical equipment shall be screened from public view from any street abutting the property by a screen wall enclosure consistent in appearance with the architectural treatment of the main building or as otherwise specified in the design requirements for the subdistrict or overlay district.

      D.   Mechanical equipment, solar collectors, satellite dishes and communication equipment located on top of a building shall be screened to the height of the equipment. Screening should be of similar materials and form as the building itself.

   (6)   Trash Enclosures:

      A.   Trash and recycling receptacles, and trash compactors shall be located on private property and screened with a six foot (6') high solid fence constructed out of durable materials as found on the related building’s façade, or as specified within the design requirements for the subdistrict. Solid, site obscuring fencing shall be utilized as gates for such enclosures. Chain link or chain link with slats are prohibited. Where trash enclosures cannot be accommodated on private property to serve the land use, property owners and business owners will be required to dispose of trash at the downtown trash compactor locations. (Ord. 3667, 4-21-2025)

   (1)   Building Façade Materials:

      A.   Primary building facades shall be constructed of high-quality materials of unpainted brick and stucco. Secondary trim materials containing no more than twenty percent (20%) of building facade shall be constructed of high-quality materials of painted brick, stained and sealed wood, metal panel, terra cotta cladding, and tile.

      B.   Two (2) or more wall materials may be combined on one facade only with one above the other; lighter materials above those more substantial (e.g., wood above stucco or masonry, or stucco above masonry).

   (2)   Building Colors Allowed:

      A.   A variety of natural colors, light colors, and muted neutrals are allowed. Colors shall be substantially in compliance with the “Plaza Facade Design Handbook” adopted by the Caldwell city council.

      B.   Prohibited Finishes: The following finishes are strictly prohibited: finishes that reflect light; finishes that glare; and bright, heavily saturated and/or reflective shades of primary colors.

   (3)   Materials Not to Be Used for Site Improvement:

      A.   The following materials are strictly prohibited as site improvement materials anywhere at, on or in the site or on the building or structure: crushed colored rock/crushed tumbled glass.

   (4)   Building Entrances and Residential Open Space:

      A.   The main entrance to every building or use shall be located within the facade and accessed directly from the street through an allowed frontage type as described above.

      B.   The primary building entrance(s) shall be oriented to the street and clearly defined by the architectural design of the building and the allowed frontage type.

      C.   ADA Regulations: ADA regulations shall be met in the accessing of all buildings.

      D.   Residential Open Space: A minimum of thirty-six (36) square feet of on-site open space shall be provided per dwelling unit.

   (5)   Wall Openings:

      A.   Glazing shall not be reflective (mirrored). Glazing shall be clear glass with not more than 10 percent daylight reduction (tinting) in accordance with the City Center Zoning District Design Guidelines.

         1.   Exception: A request to allow for a maximum 35% daylight reduction in window glazing may be permitted for larger window areas within office areas to balance energy efficiency with natural light and minimizing energy consumption.

      B.   Window openings shall have vertical proportions or may be square.

      C.   Window shutters shall be sized to match their openings.

      D.   Windows shall be recessed no less than two inches (2") from the building facade.

   (6)   Standards For Blank Walls:

      A.   All blank walls within fifty feet (50') of and visible from a street or the Indian Creek corridor shall be treated in one or more of the following methods:

         1.   Install a vertical trellis in front of at least fifty percent (50%) of the wall length with climbing vines or plant materials;

         2.   Provide a landscaped planting bed at least eight feet (8') wide or raised planter bed at least two feet (2') high and three feet (3') wide in front of the wall. Plant materials that will obscure or screen at least fifty percent (50%) of the wall’s surface within three (3) years are to be planted in the planting bed; or

         3.   Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least fifty percent (50%) of the blank wall surface.

   (7)   Projecting Elements:

      A.   All building elements that project from the building wall by more than sixteen inches (16"), including, but not limited to, decks, balconies, porch roofs, and bays, should be visibly supported by brackets, posts, or beams that are sized at minimum six inches (6") in nominal width or diameter.

      B.   Bay windows should be made of materials identical to or compatible with the building’s wall finish and windows.

      C.   Bay windows should not be wider than eight feet (8') and should have a height that is equal to or greater than its width.

      D.   Bay windows should be a minimum of three feet (3') from any building corner or other bay. The bay street facing facade should consist of at least fifty percent (50%) transparent glazing.

   (8)   Standards For Building Facades:

      A.   The transition from public to private, indoor to outdoor shall be created by an allowed frontage type. Allowed frontage types are as follows:

         1.    Frontage type: Dooryard:

            (A)    Elevated gardens or terraces that provide additional buffer and privacy for residences.

            (B)    Enclosed by low garden walls at or near the property line, with a stair leading from the sidewalk to the elevated yard.

            (C)   Building facades are set back from the property line since the low garden walls are at or near the property line.

            (D)   Buildings are accessed directly from the dooryards.

            (E)   Garden walls enclosing the dooryard should not exceed forty- two inches (42") in height, unless necessary for structural reasons.

            (F)   Garden walls may be constructed of stucco, brick, or stone.

            (G)   A transparent metal railing may be affixed atop a garden wall if additional height is necessary for safety.

         2.    Frontage type: Light court:

            (A)    Created by depressing a portion of the front yard below the sidewalk grade in order to provide light and access for a residence or business in the lower level of a building.

            (B)    Facade is set back from the property line to provide sufficient space for the light court and an exterior stair connecting the sidewalk and the light court.

            (C)   A railing and/or garden wall at the property line provides for the necessary safety.

            (D)   Light courts are typically combined with other frontage types that provide access to upper levels.

            (E)   Light courts shall be a minimum eight feet (8') deep to provide usable space and should occupy at a minimum of forty percent (40%) of the facade width.

            (F)   Light courts shall be a maximum of six feet (6') below the adjacent sidewalk.

            (G)   Garden walls or railings enclosing the light court shall not exceed forty-two inches (42") in height.

            (H)   Stairs may be parallel with or perpendicular to the sidewalk.

         3.    Frontage type: Forecourt:

            (A)    Created by setting back a portion of the building facade, typically the central portion.

            (B)    Shall provide access to a central lobby of a larger building or may be combined with other frontage types that provide direct access to the portions of the facade that are close to the sidewalk. Larger forecourts should allow for vehicular access.

            (C)   Forecourts shall be landscaped or paved or a combination of landscaping and paving.

            (D)   Forecourts may be at grade or elevated above the sidewalk a maximum of twenty-four inches (24").

            (E)   Forecourts shall be a minimum of ten feet (10') in width and depth. The width of a forecourt shall not exceed one-third (1/3) of the overall facade width, and the depth shall be equal to or less than the width.

         4.    Frontage type: Stoop:

            (A)    Exterior stairs with landings that provide access to buildings placed close to the property line.

            (B)    Building facades shall be set back just enough to provide space for the stoop.

            (C)    The exterior stairs of a stoop shall be perpendicular to or parallel with the sidewalk.

            (D)   The stoop’s landing may be covered or uncovered.

            (E)   Stoops shall be raised above grade, a minimum of eighteen inches (18") and a maximum of thirty-six inches (36").

            (F)   Stoops shall be a minimum four feet (4') in width and depth.

            (G)   Landscaping on either side of the stoop shall be at grade or elevated and shall be demarcated by a garden wall that shall not exceed eighteen inches (18") in height.

         5.    Frontage type: Gallery:

            (A)    Galleries shall be created by attaching a colonnade to a building facade that is aligned with or near the property line and typically contains ground floor storefronts.

            (B)    Colonnades project over the sidewalk and encroach into the public right of way.

            (C)   Galleries and arcades may be combined to achieve the desired look.

            (D)   Galleries shall provide a minimum eight feet (8') clear between the facade and the inside of the posts or columns.

            (E)   The space between the face of the curb and the outside face of the posts or columns shall be between twenty-four inches (24") and thirty inches (30") to provide sufficient room for overhanging bumpers but to discourage walking along the outside of the gallery.

         6.    Frontage type: Arcade:

            (A)   Arcades shall be created by facades that encroach into the public right of way on upper levels but are built at or near the property line on the ground floor. Encroachments will require approval by the City Engineering Department.

            (B)   A colonnade structurally and visually supports the building mass above the sidewalk.

            (C)   Arcades and galleries may be combined to achieve the desired look.

            (D)   Arcades shall provide a minimum eight feet (8') clear between the ground floor facade and the inside of the posts or columns.

            (E)   The space between the face of the curb and the outside face of the posts or columns shall be between twenty-four inches (24") and thirty inches (30") to provide sufficient room for overhanging bumpers but to discourage walking along the outside of the arcade.

         7.    Frontage type: Shopfront and awning:

            (A)    Shopfront and awning frontages are created by inserting storefronts with substantial glazing into the ground floor facade of a building.

            (B)    The facade shall align with the property line, although partially recessed storefronts, such as recessed entrances, are also common.

            (C)   The entrance of the building shall be at sidewalk grade and provide direct access to a nonresidential ground floor use.

            (D)   Shopfront and awning frontage types are conventional for retail use and not compatible with residential use.

            (E)   Shopfronts shall be a minimum ten feet (10') tall. A solid base or bulkhead shall be provided with a maximum height of twenty-four inches (24") above sidewalk grade.

            (F)   A cornice or horizontal band shall be provided to differentiate the shopfront from upper levels of the building.

            (G)   At a minimum, fifty percent (50%) of the facade area between two feet (2') and ten feet (10') above the ground floor shall consist of transparent fenestration.

            (H)   Awnings may encroach into the public right of way and cover the sidewalk within two feet (2') of the curb.

            (I)   Awnings shall be a minimum seven feet (7') above sidewalk grade, as measured from the bottom of the valances.

            (J)   Awnings shall not be made out of plastic or vinyl.

   (9)   Standards For Roofs:

      A.   Roof design shall demonstrate two (2) or more of the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof planes; 4) varying parapet heights; and 5) cornices.

      B.   Buildings with flat roofs shall have projecting cornices to create a prominent edge.

      C.   All rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line.

   (10)   Standards For Building Types, Form, Scale:

      A.   Changes In Pattern: At least two (2) changes in pattern of one or a combination of the following building components shall be incorporated into the building design: color, texture and/or materials.

      B.   Wall Surface Relief: Buildings with more than thirty (30) linear feet of exterior wall without a window or door shall relieve the wall surface with a change in the wall plane of at least one inch (1"). Buildings with a façade length exceeding one hundred (100) feet shall have the appearance of multiple attached buildings.

      C.   Middle Floor: The middle floor of any three-story building shall be distinctive through a change in materials or color, windows or setback.

      D.   Top Story: The top story of any three-story building shall be reduced in floor area and building mass by at least twenty-five percent (25%) from the ground floor area.

      E.   Corner Buildings: Buildings on corner lots shall be designed with two facades of equal architectural expression. Prominent building features should occupy the corner.

      F.   Active Uses: Active uses within the building shall be located along the primary street frontage with transparent windows facing the street. Blank, windowless primary street facades are prohibited.

   (11)   Style Precedents:

      A.   All new construction or alteration shall incorporate a minimum of two (2) elements from at least one of the following style precedents:

         1.   Richardsonian Romanesque revival: Characterized by a straightforward treatment of stone, broad hipped roof planes and a select distribution of openings. Identifying features include one or more of the following:

            (A)   Broad hip roof.

            (B)   Short towers, segmental arched entry.

            (C)   Transomed windows arranged in ribbonlike fashion.

            (D)   Round arched entry with return.

            (E)   Rock faced coursed finish.

            (F)   Relieving round arch.

         2.   Revival (Colonial, French and Italian Renaissance Revival): Buildings show a definite studied formalism. Characteristics include framed windows and doors supporting pediments. Identifying features include one or more of the following:

            (A)   Pedimented window heads, quoins.

            (B)   Cornice window head.

            (C)   Multilight window sash.

            (D)   Segmental window heads.

            (E)   Paneled pilasters.

            (F)   Molded windowsills, balustrade above cornice.

         3.   Main Street Revival: Describes a ubiquitous commercial building style that evolved from colonial era settlements and used throughout America to the early 1930s. Identifying features include one or more of the following:

            (A)   The extension of the front facade well above the roof plane to create the illusion of height and mass.

            (B)   A detailed, projected cornice line.

            (C)   Symmetrical window openings.

            (D)   Use of only brick, stone, or horizontal lap wood siding as finish materials.

            (E)   Veneers.

         4.   Spanish Revival: A combination of early American Southwestern Spanish styles that include Mission and Monterey. Derived from the western Mediterranean that was in turn influenced by the invasion and occupation of the Moors. Identifying features include one or more of the following:

            (A)   Small balconies.

            (B)   Roman or semicircular arcades and fenestrations.

            (C)   Wood casement or tall, double hung windows.

            (D)   Canvas awnings and decorative iron trim.

            (E)   Prodigious use of stucco walls and chimney finishes.

            (F)   Low pitched clay tiled roofs and terra cotta or cast concrete ornaments.

            (G)   Tile roofs and stucco exteriors are characteristic with half rounded doors and windows.

            (H)   Towers and columns are often seen as balustrades, cantilevered balconies and covered porches. (Ord. 3667, 4-21-2025)

   (1)   For every twenty-five feet (25') of frontage along the front facade, one of the following types of pedestrian amenities shall be provided:

      A.   Provide pedestrian weather protection such as an awning, arcade, canopy, marquee, or a recessed opening into the building to create a covered pedestrian space of at least one hundred (100) square feet; or

      B.   Benches: The types of benches allowed are as specified in 10-08-09-5 (5);

      C.   Waste Receptacles: The type of waste receptacles allowed are as specified in 10-08-09-5(6);

      D.   Drinking Fountains: Convenient access to clean, attractive, public drinking fountains shall be provided to allow pedestrians to limit the use of bottled water and other portable beverages, thus helping to limit litter and trash volume. Drinking fountains shall be in accordance with 10-08-09-5 (9);

      E.   Public Space: Five (5) square feet of public space for every linear foot of building facade along the property line adjacent to the street;

      F.   Building Elements That Incorporate Landscaping: A trellis, canopy, porch, or other building element that incorporates landscaping;

      G.   Building Ornamentation: Building ornamentation such as mosaic tile, relief sculpture, ornamental wood, or metal trim;

      H.   Artwork Or Murals: Artwork or murals. See Section 10-08-08-8 for standards.

      I.   Water Features;

      J.   Outdoor Dining Areas in accordance with Section 10-08-09-9;

      K.   Bicycle Racks: Bicycle racks shall be conveniently located to encourage the use of bicycles for transportation and discourage locking of bikes to lampposts, trees, benches, and other undesirable locations. The placement of bicycle racks within the public right of way would require approval of the city.

         1.   Bicycle racks shall be located in highly visible locations.

         2.   Adequate space shall be provided to keep parked bicycles from interfering with pedestrian movement and safety.

         3.   Bicycle racks shall of the type specified in 10-08-09-5 (8);

      D.   Bicycle Storage Lockers: Bicycle storage lockers;

      L.   Public Restrooms: Public restrooms;

      M.   Bistro Seating: The type of seating allowed shall be consistent with the “Plaza Facade Design Handbook”. Bistro seating shall be portable and not mounted into the ground.

      N.   Any other pedestrian amenities provided that in the determination of the director are equal to or greater in value to the pedestrian environment than what would be required under the standards in this subsection. (Ord. 3667, 4-21-2025)

   (1)   Height: All fixtures over fifteen feet (15') in height shall be fitted with a full cutoff shield.

   (2)   Floodlights: Floodlight fixtures shall be prohibited downtown with the exception of within alleys. Floodlight fixtures shall be set to only go on when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased.

   (3)   Uplighting: Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield.

   (4)   Prohibited Lighting: The installation of any of the following types of lighting is prohibited:

      A.   Mercury vapor lamp fixture and/or lamp.

      B.   Laser source light or any similar high intensity light when projected above the horizontal plane.

      C.   Changing colors, strobe or moving lights, or searchlights for advertising purposes are prohibited in the downtown zoning districts, except where approved for temporary uses only.

   (3)   Facade lighting:

      A.   Fixtures are required to be on a single timer or on continuously during the night.

      B.   All lights shall comply with dark sky standards.

      C.   All lights shall be energy efficient and warm white in color.

      D.   Alley facades shall have black metal gooseneck fixtures at a fixed height of eight feet (8') above finished grade.

   (4)   Street Lighting:

      A.   All streetlights within the downtown zoning districts shall match the city’s approved manufacturer and model for the downtown zoning district in accordance with section 10-08-09-5. (Ord. 3667, 4-21-2025)

   (1)   Lineal Sidewalks:

      A.   Sidewalks along Cleveland Boulevard and Blaine Street, shall be twenty (20) feet wide, consisting of eight (8) feet of scored concrete and a twelve (12) foot wide landscape strip between the sidewalk and the curb. The landscape strip shall be composed of sod and uniformly spaced and sized planter beds, spaced a maximum of every fifty (50) lineal feet. Each planter bed shall contain ornamental grasses, shrubs, perennials (or a combination thereof), and one (1) tree. In between each planter bed, an additional tree shall be planted. Plantings shall not be less than eight (8) inches in height at planting and shall not exceed two feet in height at full maturity. Trees shall comply with section 10-08-09-6 of this article. See Figure 1: Corridor Sidewalks, within this subsection.

      B.   All other sidewalks within the downtown shall be twelve (12) foot wide scored concrete with sixteen (16) inch concrete paver bands running parallel to the street between the edge of the curb and the edge of the sidewalk and have sixteen (16) inch concrete paver bands running perpendicular across the concrete as depicted in Figure 2: Lineal Sidewalk Streetscape, within this subsection.

   (2)   Corner Sidewalk Extensions:

      A.   Downtown City Center (D-CC): Corner sidewalk extensions shall be in accordance with Figure 3: Corner Sidewalk Extension (D-CC Zone), within this subsection.

         1.   Corner sidewalk extensions within the downtown city center (D-CC) shall consist of scored concrete and pavers. Concrete pavers shall be:

 

 

         2.   Corners shall include seat wall planting areas, light poles, bollards, mid corner planters, bike racks, benches and trash receptacles.

         3.   Street trees shall be within tree grates.

      C.   Downtown Central Business (D-CB): Corner sidewalk extensions shall be in accordance with Figure 4: Corner Sidewalk Extensions (D-CB Zone), within this subsection.

         1.   Corner sidewalk extensions within the downtown central business (D-CB) shall consist of scored concrete.

         2.   Corners shall include light poles, bollards with chain, mid corner planters, benches, trash receptacles, and art or special features.

         3.   Street trees shall be within tree grates.

   (3)    Midblock Sidewalk Extensions:

      A.    Midblock shall include sidewalk extensions, where feasible. Each block shall have one full-depth, or one half-depth midblock sidewalk extension as illustrated in Figure 5: Midblock Sidewalk Half-Depth Extensions and Figure 6: Midblock Sidewalk Full-Depth Extensions, within this subsection.

   (4)    Crosswalks:

      A.     Crosswalks shall be located at all intersections. Midblock crosswalks shall be located in conjunction with midblock sidewalk extensions.

      B.   Crosswalks at intersections shall be scored concrete. Crosswalks at midblock may be painted crosswalks. The use of art as part of the crosswalk is encouraged.

   (5)   Benches: Benches shall be located at mid-block sidewalk extensions, corner sidewalk extensions, and on all streets. Benches shall be:

      A.   Wabash Valley Courtyard Series

      Pattern: Rib (R)

      Color - Brown

         8' Bench with Back - Model CY400(R) and CY401(R)

         6' Bench with Back - Model CY420 (R)

         6' Memorial Bench with Back - Model SP410 (R)

      All benches to be secured with surface mount

   (6)   Trash Receptacles:

      A.   Wabash Valley Courtyard Series

      Pattern: Rib (R)

      Color: Brown

      Model LR300 (R)

      All trash receptacles to be secured with surface mount

   (7)   Ash Trays:

      A.   Wabash Valley Courtyard Series

      Pattern: Rib (R)

      Color: Brown

      Model AT100(R)

      All ash trash units to be secured with surface mount

   (8)   Bike Racks: Bike racks shall be conveniently located to encourage use of bicycles for transportation and discourage locking of bikes to lamp posts, trees, benches, and other undesirable locations. Bike racks should be located in highly visible locations. Adequate space must be provided to keep parked bikes from interfering with pedestrian movement and safety. Bike racks shall be as follows:

      A.   Wabash Valley 36" Bike Loop

      Inground: Model BL100N

      Surface Mount: Model BL101N

       Color: Brown

   (9)    Drinking Fountains: Drinking fountains are encourage d in high visibility locations within the Indian Creek Corridor and within public plaza areas. Drinking fountains shall be as follows:

      A.   Murdock Model M-30, Color Black

   (10)   Street Lighting:

      A.   Location: Streetlights shall be placed approximately every sixty (60) lineal feet, and at corners in accordance with Figures 1 - 6 within this subsection.

      B.   Streetlight Posts shall be as follows:

         1.    Post shall be all aluminum, tapered and fluted with a cast aluminum base and 5-inch diameter fluted shaft with 3-inch tenon for fixture mounting.

         2.   The post shall be furnished with a “verde green” powder coat finish.

         3.   A door shall be located in the base for anchorage and wiring access.

         4.   A GFI receptacle w/cover shall be located near the post top.

         5.   The base shall be 19-inch diameter.

         6.   Pole shall be Mariner Series Pole No. ME 14F5 / 19-CA-RS/GFI/WPC by Antique Street Lamps, Inc. or approved equal. 2" x 4" hand hold assembly.

         7.   All streetlights shall include a planter arm for one hanging basket and one banner arm.

         8.   The planter arm shall be located on the side of the post that faces the sidewalk.

         9.   The banner arm shall be located on the opposite side of the post facing the street.

      C.   Streetlight Fixtures shall be:

         1.   MAM30 / CS-M175/Q.V.-PEC2-F2 by Antique Street Lamps, Inc. or approved equal.

         2.   The fixtures of all streetlights shall be furnished with a “verde green” powder coat finish.

         3.   Streetlights shall have a matching reflective shield installed at the top of the streetlight in an appropriate location so as to provide downward facing lighting

      D.   Hardware:

         1.   All hardware shall be stainless steel.

         2.   All exterior hardware shall be tamper resistant.

   (11)   Bollards: Bollards shall be used to separate pedestrian areas from vehicular areas and to provide decorative accents. Additional bollards may be used to protect trees or other streetscape features from damage caused by vehicles.

      A.   Placement: Where curb cuts exceed six (6) feet in width, at midblock sidewalk extensions, and at corner sidewalk extensions, a security / anti-ram bollard installation shall be required. Where pedestrian streets intersect with vehicular streets, removable bollards shall be used to allow for emergency vehicle and maintenance access. See Figure 7: Bollard Specifications.

(Ord. 3667, 4-2 1-2025)

   (1)   Applicability: Properties within the downtown city center and downtown central business sub-districts shall comply with all landscaping requirements within Section 10-02-09 of this chapter, with the exception of provisions for common area, street landscape buffers, and landscaping in stormwater areas, unless otherwise noted herein. Buffers between land uses shall only apply to uses between the downtown districts and another zoning district, not between uses within the downtown zoning districts itself.

   (2)   Hanging Planters:

      A.   City Planters: City provided and maintained hanging baskets may be hung on street light poles in accordance with the following:

         1.   Hung on streetlight posts a minimum of ten feet (10') from the ground or mounted on building facades or railings.

         2.   Shall be in a wire basket a minimum of twelve inches (12") in diameter.

         3.   Shall be completely covered with flowers, hanging flowers, hanging vines, or the like, such that no part of the wire basket shall show.

      B.   Privately Owned Planters: Privately owned and maintained hanging baskets may be mounted on building facades.

   (3)   Planter Pots / Boxes: Planter pots and boxes shall be provided as landscaping to define smaller spaces, break up long expanses of building facades, or provide separation between pedestrian areas and the street. All planter pots/ boxes shall comply with the following:

      A.   Shall be movable.

      B.   Privately owned planter pots / boxes shall be located directly adjacent to building facades or entries and shall extend no further than four feet (4') from the building facade.

      C.   Privately owned planter pots/boxes shall not impede pedestrian traffic, pose a safety hazard or interfere with vision triangle standards as set forth in section 10-07-07 of this chapter.

      D.   Shall be the following style: Wausau Tile colonial series concrete planters in gray, brown, black or sand, or a similar style. Colonial series planters are available in a variety of sizes. Sizes shall be selected based on specific location.

      E.   Plantings in planter pots shall consist of flowers and mulch or bark. Shrubs and grasses may be planted in planter pots, but the maximum height shall be no more than three feet (3') at maturity.

      F.   The entire surface area of the planter shall be covered with flowers, mulch, bark, shrubs or grasses.

      G.   Planter pot colors shall be consistent with the color of the building.

   (4)   Tree Grates:

      A.   All street trees shall be protected by tree grates.

      B.   Tree grates shall be four feet by four feet (4' x 4') square and shall comply with ADA guidelines.

      C.   Slots shall be a maximum of three-eighths inch (3/8") wide and holes shall be a maximum of three-eighths inch (3/8") square.

      D.   Grates shall be designed to allow for the tree opening to be enlarged in increments to accommodate tree growth, protecting the tree from injury.

      E.   Tree grates shall be unfinished cast gray iron. The natural iron will develop an attractive rust patina that is maintenance free.

   (4)   Tree Selection Guidelines:

      A.   Trees shall be selected for ease of maintenance and resistance to drought and disease.

      B.   Trees shall be columnar in nature so as to discourage and inhibit bird nesting.

      C.   Trees shall be selected that generally grow to a maximum height of twenty-five feet (25').

      D.   Recommended species are as follows:

 

(Ord. 3667, 4-21-2025)

   (1)   The content of the mural shall consistent with the architectural, geographical, sociocultural and historical context of the downtown district it is within.

   (2)   The mural may be located on the front, rear, side or alley side of the building, as approved by the Public Art Management Team (PAMT).

   (3)   The size of the mural is limited to two hundred (200) square feet or will be based on the size of the structure, as approved by the Public Art Management Team (PAMT).

   (4)   The surface material is resistant to vandalism and weather.

   (5)   The mural cannot include advertising, but it may include the business name as long as it shall not dominate the design of the mural.

   (6)   All murals shall be reviewed and approved by the Public Art Management Team (PAMT). (Ord. 3667, 4-21-2025)

   (1)   Purpose And Intent: The purpose of this section is to establish regulations to allow limited dining to encroach into the public right-of-way as an ancillary component of an adjacent primary business, which is located on private property. It is intended that such outdoor dining will not unduly restrict public access or utilize a design that detracts from the image and appearance of the surrounding area.

   (2)   Definitions:

      A.   “Outdoor Dining” is defined as the use of an adjacent, outside area by a food or beverage establishment for the same eating and/or drinking activities that occur within the establishment. The outdoor dining area may be located in a public right-of-way pursuant to this chapter.

      B.   “Chair” shall mean either a distinct piece of furniture designed to allow one person to sit upon the same, or when seating is provided on a bench or other similar structure, then every twenty inches (20") of seating space shall be considered as the equivalent of one chair for determining seating capacity.

      C.   “Table” shall mean a piece of furniture consisting of a smooth flat slab fixed on legs.

   (3)   Outdoor Dining: Outdoor dining shall be permitted to encroach into the public right-of-way pursuant to this chapter in the following areas:

      A.   The Downtown City Center (D-CC) district with the submission and approval of an outdoor dining permit.

      B.   The Downtown Central Business (D-CB) district with the submission and approval of an outdoor dining permit. Locations within the D-CB zone will be reviewed and approved on a case-by-case basis and at the discretion of the director.

      C.   Outdoor dining in the public right-of-way shall not extend beyond the boundaries of the primary business property to which such activity is subordinate.

   (4)   Location:

      A.   Outdoor dining may occur at other locations in addition to public sidewalks, as designated by the Caldwell City Council.

      B.   The City of Caldwell may lease city owned properties for outdoor seating with a lease agreement approved by the Caldwell City Council.

      C.   Outdoor dining, when approved to extend into the public right-of-way, shall provide and maintain a clear pedestrian pathway the full width of the property. The pathway shall maintain a minimum unobstructed passageway of three feet (3') as measured from the dining area to any obstruction including but not limited to light standards, benches, street trees and news racks.

      D.   Accessibility Standards: Accessibility of forty-eight inches (48") is preferred, but the minimum thirty-six inches (36") continuous clear width of accessible routes can be reduced to thirty-two inches (32") at points (as shown on the diagram below), such as streetlight, signage, street trees and tree grates.

   (5)    Insurance: The permittee shall maintain general liability insurance for the benefit of the city of a type and amount as determined appropriate by the city attorney.

   (6)   General Standards For Outside Dining:

      A.   Placement of tables and chairs can be placed on public sidewalks or other areas as determined by the Director that do not violate any other provisions of this section.

      B.   Outdoor dining areas that have more than four (4) tables or more than eight (8) chairs in the dining area should be separated from the walkway with fencing, swag roping, decorative plants, landscape planters, or other architectural barriers that prevent encroachment of tables and chairs into the three-foot (3') pathway being maintained for pedestrian access. Outdoor dining areas that have more than eight (8) tables or more than sixteen (16) chairs must provide stationery fencing between the dining area and the walkway. Materials and design must be approved by the Director. The Director may relax this standard when it is clear that there is no reasonable possibility of tables or chairs being moved to encroach on the required pedestrian pathway.

      C.   Lighting will be required for outdoor dining areas, during the evening hours. The lighting fixtures must be decorative and complement the architectural character of the building and area. Lights mounted on the building shall not cause direct glare or other visual obstruction to pedestrians or vehicle drivers along the street and public walkway and should illuminate only the sidewalk area.

      D.   Portable umbrella canopies should be between seven feet (7') and ten feet (10') in height. A clear pedestrian passageway of five (5) feet should be maintained. Umbrellas shall not extend past the sidewalk seating barrier and shall contain advertising or messages. Colors shall complement the color palette identified in the Plaza Facade Design Handbook.

      E.   If portable heaters are utilized, they must comply with the International Fire Code for portable outdoor gas-fired heating appliances with the following guidelines:

         1.   Prohibited Locations: Inside of any occupancy where connected to the fuel gas container, inside tents, canopies and membrane structures, on exterior balconies, indoors;

         2.   Clearance To Buildings: Shall not be located, not less than five feet (5') from building.

         3.   Clearance To Combustible Materials: Shall not be located beneath or closer than five feet (5') to combustible or similar combustible attachments to buildings.

         4.   Clearance to Exits: Shall not be located within five feet (5') of exit or exit discharges.

         5.   Listed And Approved: Only listed and approved portable outdoor gas-fired heating appliances utilizing a fuel gas container that is integral to the appliance shall be used.

         6.   Installation And Maintenance: Shall be installed and maintained in accordance with the manufacturer’s instructions.

         7.   Tip Over Switch: Shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tipped more than fifteen degrees (15°).

         8.   Guard Against Contact: The heating element or combustion chamber shall be permanently guarded so as to prevent accidental contact by persons or material.

      F.   If outdoor speakers are utilized, the sound must comply with the city of Caldwell’s noise ordinance, Chapter 7, Article 13 of this code, (Public Noise Disturbance).

      G.   While the City realizes that each type of outdoor dining fulfills a different purpose, it is still necessary to establish standards that are to be maintained by all participating establishments to ensure the continued quality of the Caldwell outdoor dining experience. The following are specific standards related to the material and design of furniture, pedestrian barriers and landscaping.

   (7)    Outdoor Dining Materials Standards.

      A.   Facilities and equipment shall be of a quality and style that is consistent with the downtown design guidelines adopted by the City of Caldwell and any other applicable design standards and policies.

      B.   Iron, Cast: Low carbon iron, hand or machine cast parts, stainless steel connectors, and hand ground to smooth finish.

      C.   Iron, Wrought: Heavy Gauge: Low carbon, MIG welded and hand ground to smooth finish.

      D.   Steel, Expanded: Frame - minimum of thirteen (13) gauge cold rolled steel, low carbon, MIG welded and finish with hard, abrasive resistant liquid paint.

      E.   Steel, Wire: 13/14 gauge cold rolled MIG welded, smooth ground joints, and abrasive resistant finish.

      F.   Aluminum, Cast: Solid aluminum bars, not hollow tubes, and all heli-arc welded connections.

      G.   Aluminum, Extruded: Anodized extruded aluminum, heli-arc welded connections.

      H.   Wood: Frame - minimum three inch by three inch (3"x3") nominal frame member slats- minimum %” x 3" nominal slat - size joints shall be doweled and glued. No screw or bolts connections.

      I.   Or other design as approved by the Planning and Zoning Director.

      J.   No resin furniture will be permitted.

   (8)    Operational Standards:

      A.   The owner of the primary business is responsible for proper operation of the outdoor dining area. Outdoor dining shall be continuously supervised by management or employees.

      B.   Establishments are required to maintain all areas in and around the sidewalk dining area in a manner which is clean and free of litter and debris.

      C.   The outdoor dining hours of operation shall be limited to the hours of operation of the associated food or beverage establishment.

      D.   All plans and permits for the outdoor dining area approved by the city must be kept on the premises for public inspection at all times, during which the associated establishment is open for business.

      E.   Outdoor dining areas shall be operated in a manner that meets all requirements of Southwest District Health and all other applicable regulations, laws, ordinances and standards. Food establishments serving alcoholic beverages shall also obtain all necessary permits required by the Idaho State Liquor Commission.

   (9)   Review Process:

      A.   Review Authority: The Director shall have administrative authority to review and approve outdoor dining permits. The Director may impose reasonable conditions to assure that the dining or display area is not detrimental to the public health, safety and welfare and is consistent with applicable redevelopment plans and design guidelines.

      B.   Conditions Of Approval: The Director, as applicable, may impose reasonable conditions of approval to ensure that outdoor dining areas operate in a manner that is not detrimental to the public health, safety and welfare, is consistent with all applicable codes, policies and guidelines, and enhances the image, appearance and vitality of the area in which the use is located. This includes but is not limited to authority to regulate the design, layout, materials, colors, quality and appearance of outside dining areas; to require security deposits, insurance and other reasonable financial guarantees and to prescribe operating terms which the permittee must follow.

      C.   Appeal:

         1.   The decision of the Planning and Zoning Director may be appealed and shall require a majority vote of the Planning and Zoning Commission at a regular meeting to which the permittee has been given at least fifteen (15) calendar days’ notice. The decision of the Planning and Zoning Commission may be appealed to the City Council.

         2.   The above decisions must be appealed in writing to the City Clerk’s office within fifteen (15) days after the decision is made.

      D.   Fees: When filing an application for an outdoor dining or any related appeals, a non-refundable fee shall be paid for the purposes of defraying the costs incidental to the proceedings. The fees shall be determined by the City Council and adopted by resolution, which may be amended from time to time.

      E.   Encroachment Permit: An encroachment permit must be obtained from the city before any dining area is permitted.

      F.   Terms And Renewal: An outdoor dining area may be approved for a maximum of two (2) years. Renewal permits may be granted for two (2) year periods. The City of Caldwell reserves the right to temporarily suspend the permit upon seven (7) days’ notice because of anticipated or actual conflicts in the use of sidewalk areas due to street repairs, parades, festivals and other similar events.

      G.    Exception: The area listed withi n the map below, known as Indian Creek Plaza, is exempt from section 10-08-09-9.

      H.    Enforcement:

         1.   Penalties: Any violation of this chapter shall be punishable as a misdemeanor pursuant to city code. In addition, the city may seek civil remedies for any violation including but not limited to the recovery of reasonable costs for the enforcement and correction of the violation.

         2.   Revocation: Violation of any of the standards in this code or any of the conditions imposed under this section shall be grounds for revocation of the outdoor dining permit. Such approval shall require a majority vote of the Planning and Zoning Commission at a regular meeting to which the permittee has been given at least ten (10) calendar days’ notice. The decision of the Planning and Zoning Commission decision may be appealed to the City Council. (Ord. 3667, 4-21-2025)