(1)   Applicability: The zoning district regulations and standards established in this section shall apply to all special purpose zoning districts established in this section, unless specifically stated otherwise in a specific article in this chapter. (Ord. 3668, 4-21-2025)

   (1)   Intent: Caldwell’s special purpose zoning districts are primarily intended to accommodate public, quasi-public and institutional uses such as colleges, universities, vocational educational facilities, healthcare institutions, government facilities, airports, and similar uses, and allow for their expansion in a planned manner while protecting the surrounding neighborhoods. The districts are meant to be flexible to allow for supporting uses and ancillary uses that serve the principal uses.

   (2)   District Map Symbol / Names: The city’s special purpose zoning districts are listed below. Changes have been made to the H-D district name, which has no impact on a property owners current land use entitlements or property rights.

      When this zoning and development code refers to “institutional and public districts”, “airport district”, “college district”, “hospital/healthcare district” or “public district”, or to “A-D”, “C-D”, “H-D” or “P-D” districts, it is referring to these districts.

 

 

   (3)   District Purpose Statements:

      A.   A-D ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that creates an environment for developing the facilities necessary or desirable for the safe, efficient, convenient and economical operation of the Caldwell Executive Airport or any other similar airport. The zone accommodates non-noise sensitive manufacturing, industrial and commercial uses that provide support for airport operations and services to airport users, while protecting the public interest and investment.

      B.   C-D ZONE: The purpose of this zone is to provide areas by zoning procedures in accordance with the comprehensive plan that create, preserve and enhance areas adjacent to college education facilities by allowing for residential, commercial, industrial, and related establishments that compliment and support the college facilities. Uses are to be restricted to those primarily required by educational users and providers including, but not limited to teaching, housing, research, libraries, athletic recreation and competitions, public gathering facilities, performing arts, general shopping and retail, healthcare, research activities, and complementary uses appropriate to the zone.

      C.   H-D ZONE: The purpose of this zone is to provide areas by zoning procedure in accordance with the comprehensive plan that provide health, medical, and related services at major medical institutions in the city and in the immediate area surrounding such institutions. Hospital and healthcare campuses are primary users within this zone with medical and healthcare supportive land uses as ancillary uses.

      D.   P-D ZONE: The purpose of this zone is to provide areas by zoning procedure in accordance with the comprehensive plan that accommodates public and quasi-public land uses. The intent of this zoning category is to allow for necessary civic uses in the community, such as public schools, post offices, public (federal, state, city and county) buildings, parks and recreation facilities, public open space, public utility yards and similar uses. (Ord. 3668, 4-21-2025)

   (1)   Purpose: This section sets forth the permitted and specially permitted uses Caldwell’s special purpose 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 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; and

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

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

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

      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 special purpose districts without a planned unit development application approval, if the proposed individual uses are permitted uses or special uses, unless otherwise specified within the specific use provisions for a mixed-use development.

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

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

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

   (5)   Land Use Schedule:

 

 

(Ord. 3668, 4-21-2025)

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

 

The density allowances set forth below are applicable to all special purpose zoning districts where residential is permitted and are based on the table below.

 

 

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

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

   (2)   Density Bonus Program Development:

      A.   The density bonus program development option is applicable only within the C-D, H-D, and P-D zones where residential is permitted. It offers additional density if a project meets certain criteria. The density bonus program standardizes how additional density is awarded and creates standards that are more evenly enforced throughout the city. The program addresses unique goals and desired development types in different parts of the city.

      B.   Property owners may select which components are most relevant to their project in order to achieve a certain level of density increase. Density increases are given based on a scoring matrix in accordance with 10-03-18 of this chapter. (Ord. 3668, 4-21-2025)