HomeMy WebLinkAbout0098 Land Use Classifications 1971ZONING ORDINANCE OF THE CITY OF
CHUBBUCK, IDAHO
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ~ESTABLISHING LAND USE
CLASSIFICATIONS; DIVIDING THE CITY INTO ZONES; IMPOSING REGULATIONS,
PROHIBITIONS AND RESTRICTIONS FOR THE PROMOTION OF HEALTH, SAFETY,
MORALS, CONVENIENCE AND WELFARE: GOVERNING THE USE OF LAND FOR RESI-
DENTIAL AND NONRESIDENTIAL PURPOSES~ REGULATING AND LIMITING LOT
OCCUPANCY AND THE SIZE OF YARDS' AND OTHER OPEN SPACES; ADOPTING A
MAP OF SAID LAND USE ZONES; PRESCRIBING PROCEDURES FOR CHANGES OF
ZONE, CONDITIONAL USE PERMITS AND VARIANCES; PRESCRIBING PENALTIES
FOR VIOLATIONS OF SAID ORDINANCE.
BE IT ORDAINED by the Mayor and City Council of the City of Chubbuck:
CHAPTER 1
USE DISTRICTS
SECTION 1. USE DISTRICTS ESTABLISHED
ae
For the purpose of promoting pride of ownership, health,
safety, morals and general welfare within its area of
jurisdiction, the City of Chubbuck is hereby divided into
the following use districts:
R-1 -- Single-family Residential
R-2 -- Combined Residential
R-2T - Mobile-home Residential
R-2L - Combined Residential-Livestock
R-3 -- Multiple-family Residential
R-3L - Multiple family Residential-Livestock
R-4 -- Multiple family Residential
R-4L - Multiple family Residential-Livestock
C-1 -- Neighborhood Commercial
C-1L - Neighborhood Commercial-Livestock
C-2 -- Community Commercial
C-2L - Community Commercial-Livestock
C-3 -- General Commercial
C-3L - General Commercial-Livestock
M-1 -- Light Industrial
M-1L - Light Industrial-Livestock
M-2 -- Heavy Industrial
M-2L - Heavy Industrial-Livestock
A-T -- Agricultural-Transitional
Be
The boundaries of said use districts shall be determined
and defined by the adoption of a map on which are shown
the boundaries of use districts so adopted for each portion
of Chubbuck.
Land or premises shall be used, unless otherwise provided
in this ordinance, only in conformity with the regulations
herein set forth for the use districts in which such land
or premises are located.
De
No building or structure shall be erected or structurally
altered or used, unless otherwise provided in this ordinance,
except in conformity with~'the regulations herein set forth
for the use districts in which such building or structure
is located.
Page 2
For the p~.~ose ~ insuring orf~erly development and to provide
adequate ~c<.eg~' for gire 'gighting equi?,~nt~ and other services
to ~lli. ~'u~.ldings. no resi<2ence or commarcisl building shall be
ere~te~ ,2,~ move onto any lot, tract or parcel of land in any
use ~]i~trict adopted under the provisions of this ordinance unless
said lot, tract or parcel of land has thirty (30) feet of frontage
on a public right-of-way and has reasonable efficient access
thereto for vehicular traffic and has been legally subdigided;
and provided further that a buiding permit may be issued for
construction of a residence on, private easement where, in the
opinion of the Planning Commission, the following conditions
have been reasonably met.
1. Minimum easement width of twenty (20) feet.
2. Maximum easement length of four hundred (400) feet.
3. Minimum turn-around radius of forty (40) feet.
4. Maximum grade of ten (10) percent.
5. The easement must serve land which otherwise would have
no access to a public road.
SECTION 2. OFFICIAL ZONING MAPS AND THE COMPREHENSIVE PLAN
The boundaries of the use districts shall be established and
clearly indicated upon the Zoning Map adopted as part of this
ordinance.
Ail amendments of the official Zoning Map shall follow the pro-
cedure set forth in Chapter 3, Section l of this Ordinance.
Areas are to be classified according to the established use
districts and such zoning shall g~ve due consideration as to
conformity with an adopted comprehensive plan and its stated
goals and objectives where these exist.
SECTION 3. REGULATIONS FOR THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE
The purpose of the R-1 (Single-Family Residential) Zone is to pre2
serve residential neighborhoods, to prevent overcrowding of the
land and to encourage the development of low density areas which
are best suited for residential purposes.
A. Uses Allowed:
1. Single-family dwelling;
2. Truck gardening and other horticultural uses not operated
as commercial enterprise and where no building is involved,
excluding livestock;
3. Home occupations as defined in Chapter 4, Section 5;
4. Accessory uses as regulated in Section 3 (F);
5. Temporary buildings as uses necessary for construction
purposes for a period not to exceed one (1) year;
6. Schools;
7. Churches;
8. One (1) sign not to exceed four (4) square feet in area
pertaining to the lease or sale of buildings or premises
where the sign is located. This provision shall also
apply to political signs during campaign periods. Signs
for home occupations shall be limited to two (2) square
feet in area, shall be unlighted and attached flush to
the building.
B. Conditional Uses Permitted:
The Planning Commission may, after proper notice and public
hearing as prescribed in Chapter 3, Section 2, permit the
following uses where such uses are deemed essential or desirable
to the public convenience or welfare. The Commission shall
have the authority to impose such conditions and safeguards
as it deems necessary to protect the best interests of the
surrounding property or neighborhood from damage, hazard,
nuisance or other detriment.
1. Nonprofit commu~ty clubhouse;
2. Rest and convalescent home;
Page .3
3. Building for governmental or public utility functions.
C. Hei.ght Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed two and one-half (2½) stories or twenty-five
(25) feet in height.
D. Setback Requirements:
1. Front yard:
No building or structure shall be erected nearer than
thirty (30) feet fDom the right-of-way line of the
street; provided, when lots comprising fifty (50) percent
or more of the frontage between two (2) intersecting streets
are already developed with buildings having front yards with
a variation of not more than (20) twenty feet in depth, the
average of such front yards shall establish the minimum front
yard depth for the entire frontage. In no case shall a
front yard of more than thirty-five (35) feet be required.
2. Side yard:
No building shall be erected closer than ten (10) feet
to any side property line; except corner lots shall main-
tain a twenty.~(20) foot side yard adjacent to the street
which intersects the street upon which the building fronts.
3. Rear Yard:
There shall be a rear yard having a depth of not less than
twenty (20) feet.
E. Area Requirements:
The minimum lot area for each residential structure shall
be nine thousand (9,000) square feet and a lot width at the
established building line of not less than seventy-five,.
(75) feet.
Not more than thirty-five (35) percent of the lot area may
be covered by buildings or structures.
F. Accessory Uses:
Accessory uses are permitted if constructed either at the same
time or subsequent to the main building. Such uses shall be
limited to one story in height and shall not encroach upon the
front or side yards.
G. Off-St~eet Parkinq Requirements:
For each single-family residence, one space as defined
in Chapter 4, Section 5, sufficient in size for a garage
or carport.
For other uses in the R-1 Zone, refer to Chapter 2, Section
1 (G).
SECTION 4. REGULATIONS FOR THE R-2 (COMBINED RESIDENTIAL)~ ZONE
The purpose of the R-2, (Combined Residential) Zone is to provide
medium density residential development, well designed and properly
located in the community pattern adjacent to shopping, recreation,
cultural and other community facilities.
A. Uses Allowed:
1. Those uses allowed in the R-1 district as regula~d therein;
2. Two-family units.
3. Accessory ,,~es in regulated in Sectior 3 (F).
Page 4
B. Conditional Uses Permitted:
The Planning Commission may, after proper notice and public
hearing as prescribed in Chapter 3, Section 2, permit the follow-
ing uses where such uses are deemed essential or desirable to
the public convenience or welfare. The Commission shall have the
authority to impose such conditions~and safeguards as it deems
necessary to protect the best interests of the surrounding
property or neighborhood from damage, hazard, nuisance or other
detriment.
Those uses requiring Conditional Use Permits and as regulated
therein in the R-1 District;
2. Multiple-family dwellings limited to not more than 4 units;
3. Convalescent home; nursing home;
4. Homes for ambulatory aged; rest home; elderly housing;
5. Hospital;
e
One (1) sign not to exceed thirty-two (32) square feet in
an area pertaining to the identification rent, sale or
lease of the building or premises where the sign is located.
Signs shall be nonrevolving and indirectly lighted. Signs
may be permitted to exceed this size if allowed by Conditional
Use Permit.
C. Heiqht Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed two and one-half (2½) stories or twenty-five
(25) feet in height.
D. Setback Requirements:
1. Front yard:
No building or structure shall be erected nearer than twenty
(20) feet from the right-of-way line of the street; provided
when lots comprising fifty (50) percent or more of the
frontage between two (2) intersecting streets are already
developed with buildings having front yards with a variation
of not more than fifteen (15) feet in depth, the average of
such front yards shall establish the minimum front yard
depth for the entire frontage. In no case shall a front
yard of more than twenty-five (25) feet be required.
2. Side yard:
No building shall be erected closer than seven (7) feet
to any side property line; except corner lots shall maintain
a twenty (20) foot side yard adjacent to the street which
intersects the street upon which the building fronts.
3. Rear yard:
There shall be a rear yard having a depth of not less than
twenty (20) feet.
Area Requirements:
The minimum lot area for single-family and two-family
dwellings -- Seven thousand (7,000) square feet; except
corner lots shall contain at least eight thousand (8,000)
square feet. There shall be a lot frontage on a public
street of not less than eighty (80) feet, for corner lots.
The minimum lot area for each dwelling unit above that re-
quired for one-family dwellings shall be one thousand five
hundred (1,500) square feet of land area for each additional
unit.
Page 5
Not more than thirty-five (35) percent of the lot area may
be covered by buildings or structures.
4. Minimum frontage for each lot shall be seventy (70) feet.
F. Accessory Uses:
Accessory uses are permitted if constructed either at the same
time or subsequent to the main building. Such uses shall be
limited to one story in height and shall not encroach upon the
front or side yards.
G. Off-Street Parkinq Requirements:
For up to two units on a single lot, one space for each
unit as defined in Chapter 4, Section 5, sufficient
in size for a garage or carport.
For other uses and additional residential units in the
R-2 Zone, refer to Chapter 2, Section 1 (G).
SECTION 5. REGULATIONS FOR THE R-2T (MOBILE HOME) ZONE
The purpose of the R-2T (Mobile Hom~ Zone is to provide medium
density residential development, areas for mobile homes properly
located in the community pattern compatible for mobile home uses and
in harmony with community facilities.
A. Uses Allowed:
1. Mobile Homes on individual lots.
2. Mobile Home subdivisions;
3. Accessory uses as regulated in Section 3 (F);
Truck gardening and other horticultural uses not operated
as a commercial enterprise and where no building is in-
volved, excluding livestock;
5. Home occupations as defined in Chapter 4, Section
6. Schools;
7. Churches;
One (1) sign not to exceed four (4) square feet in area
pertaining to the~lease or sale of buildings or premises
where the sign is located. This provision shall also apply
to political signs during campaign periods. Signs for home
occupations shall be limited to two (2) square feet in area,
shall be unlighted and attached flush to the building.
B. Conditional Uses Permitted:
The Planning Commission may, after proper notice and public
hearing as prescribed in Chapter 3, Section 2, permit the
following uses where such uses are deemed essential or des-
irable b the public convenience or welfare. The Commission
shall have the authority to impose such conditions and safe-
guards as it deems necessary to protect the best interests of
the surrounding property or neighborhood from damage, hazard,
nuisance, or other detriment.
Those other uses allowed ~n the R-1 and R-2 Districts and
as regulated therein;
Those uses requiring Conditional Use permits in the R-1 and
R-2 Districts and as regulated therein.
Page 6
C. Heiqht Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed two and one-half (2½) stories or twenty-five
(25) feet in height.
D. Setback Requirements:
1. Front yard:
No building or structure shall be erected nearer than
twenty (20) feet from the right-of-way line of the street;
provided, when lots comprising fifty (50) percent or more
of the frontage between two (2) intersecting streets are
already developed with buildings having front yards with a
variation of not more than fifteen (15) feet in depth, the
average of such front yards shall establish the minimum front
yard depth for the entire frontaqe. In no case shall a
front yard of more than t~i'rty ~(30) feet be required.
2. Side yard:
No building shall be erected nor any mobile home parked
closer than seven (7) feet to any side property line;
except corner lots shall maintain a twenty (20) foot side
yard adjacent to the street which intersects the street
upon which the building fronts.
3. Rear yard:
There shall be a rear yard having a depth of not less than
twenty (20) feet.
E. Area Requirements:
The minimum lot area for single-family and two-family
dwellings -- six thousand (6,000) square feet; except
corner lots shall contain at least seven thousand (7,000)
square feet.
e
The minimum lot area for each dwelling unit above that
required for two-family dwellings shall be one thousand
(1,000) square feet of land area for each additional unit.
Not more than thirty-five (35) percent of the lot area
may be covered by buildings, structures, or mobile homes.
F. Accessory Uses:
Accessory uses are permitted if constructed either at the same
time or subsequent to the main building. Such uses shall be
limited to one story in height and shall not encroach upon the
front or side yards.
G. Off-Street Parkinq Requirements:
For each mobile-home, one space as defined in Chapter 4,
Section 5, sufficient in size for a garage or carport.
For other uses in the R-2T Zone, refer to Chapter 2, Section
1 (G).
SECTION 6. REGULATIONS FOR THE R-2L ZONE
The purpose of the R-2L (Combined residential-livestock) zone, is
to provide for an area contained in all of the regulations for the
Page
R-2, but allowing livestock thereon subject to regulations.
A. Uses Allowed:
Any uses allowable under R-2 as regulated therein.
B. Raising of livestock.
SECTION 7. REGULATIONS FOR THE R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE
The purpose of the R-3 (Multiple-Family Residential) Zone is to
provide for medium to high density residential development. This
type of zoning pattern is intended to create transition areas and
buffer zones between commercial areas and low density residential
development. It is also intended to permit higher density activities
adjacent to more intensive community use areas.
A. Uses Allowed:
1. Those uses allowed in the R-1 and R-2 Districts;
2. Multiple-family dwellings, not more than 4 units;
3. Accessory uses as regulated in Section 3 (F);
4. Convalescent home; nursing home;
5. Home for ambulatory aged; rest home; elderly housing;
6. Hospital;
Club and lodge of a service and fraternal character when
not operated for profit;
8. Nursery school;
One (1) sign not to exceed six (6) square feet in area
pertaining to the lease or sale of buildings or premises
where the sign is located. This provision shall also
apply to political signs during campaign periods. Signs
for home occupations shall be limited to two (2) square
feet in area, shall be unlighted and attached flush to the
building.
10.
Up to two (2) signs of not more than 32 square feet each,
identifying the structure or activity on the immediate
land parcel. Such signs are to be an integral part of
the design and use of the land parcel, shall be indirectly
lighted, nonrevolving and nonanimated.
11. Boarding and rooming house.
B. Conditional Uses Permitted:
The Planning Commission may, after proper notice and public
hearing as prescribed in Chapter 3, Section 2, permit the
following uses where such uses are deemed essential or desirable
to the public convenience or welfare. The,~commission shall have
the authority to impose such conditions and safeguards as it
deems necessary to protect the best interests of the surrounding
property or neighborhood from damage, hazard, nuisance or other
detriment.
Those other uses requiring Conditional Use Permits and as
regulated ink,he R-1 and R-2 District;
2. Motels;
Buildings for governmental activity and public utility
structures;
4. Office of a medical, professional or administrative character.
Page 8
Eight family units with 6,000 square feet each, first
additional unit 1,500 square feet, each additional unit
1,000 square feet each.
C. Heiqht Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed three (3) stories; or thirty (30) feet in
height, unless approved by Conditional Use Permit.
D. Setback Requirements:
1. Front yard:
No building or structure shall be erected nearer than
twenty (20) feet from the right-of-way line of the street;
provided when lots comprising fifty (50) percent or more
of the frontage between two (2) intersecting streets are
developed with buildings having front yards with a variation
of not more than fifteen (15) feet in depth, the average
of such front yards shall establish the minimum front yard
depth for the entire frontage. In no case shall a front
yard of more than twenty-five (25) feet be required.
2. Side yard:
No building shall be erected closer than five (5) feet
to any side property line, except corner lots shall maintain
a fifteen (15) foot side yard adjacent to the street which
intersects the street upon which the building fronts.
3. Rear yard:
There shall be a rear yard haging a depth of not less than
twenty (20) feet.
E. Area Requirements:
The minimum lot area for single-family and two-family
dwellings -- six thousand (6,000) square feet; except
corner lots shall contain at least seven~ousand ~7,000)
square feet.
The minimum lot area for each dwelling unit above that
required for two-family dwellings shall be one thousand
five hundred (1,500) square feet of land area for each
additional unit.
Not more than forty-five (45) percent of the lot area may
be covered by building or structures.
F. Accessory Uses:
Accessory uses are permitted if constructed either at the same
time or subsequent to the main building. Such uses shall be
limited to two (2) stories in height and shall not encroach upon
the front~ side yards.
Off-Street Parking Requirements:
For up to four (4) residential units on a single lot, one
space for each unit as defined in Chapter 4, Section 5,
sufficient in size for a garage or carport.
For other uses and additional residential units in the R-3
Zone, refer to Chapter 2, Section 1 (G).
Page 9
SECTION 8. REGULATIONS FOR THE R-3L ZONE
The purpose of the R-3L (Multiple-family residential-livestock)
zone is to provide for an area contained in all of the regulations
for the R-3, but allowing livestock thereon subject to regulations.
A. Uses Allowed:
Any use allowable under R-3 as regulated therein.
B. Raising of livestock.
SECTION 9. REGULATIONS FOR THE R-4 (MULTIPLE-FAMILY RESIDENTIAL) ZONE
The purpose of the R-4 (Multiple-Family Residential) Zone is to
provide for medium to high density residential development. This
type of zoning pattern is intended to create transition areas and
buffer zones between commercial areas and low density residential
development. It is also intended to permit h~her density activities
adjacent to more intensive community use areas.
A. Uses Allowed:
1. Those uses allowed in the R-1 and R-2 and R-3 Districts;
2. Multiple family dwellings;
3. Acdessory uses as regulated in Section 3 (~);
4. Convalescent home; nursing home;
5. Home for ambulatory aged; rest home; elderly housing;
6. Hospital;
e
Club and lodge of a service and fraternal character when
not operated for profit;
8. Nursery school
One (1) sign not to exceed six (6) square feet in area
pertaining to the lease or sale of buildings or premises
where the sign is located. This provision shall also
apply to political signs during campaign periods. Signs
for home occupa~ons shall be limited to two (2) square
feet in area, shall be unlighted and attached flush to the
building.
10.
Up to two (2) signs of not more than 32 square feet each,
identifying the structure or activity on the immediate
land parcel. Such signs are to be an integral part of
the design and use of the land parcel, and shall be indirectly
lighted, nonrevolving and nonanimated.
11. Boarding and rooming house.
B. Conditional Uses Permitted:
The Planning Commission' may, after proper notice and public
hearing as prescribed in Chapter 3, Section 2, permit the
following uses where such uses are deemed essential or desirable
to the public convenience or welfare. The comission shall have
the authority to impose such conditions and safeguards as it
deems necessary to protect the best interests of the surrounding
property or neighborhood from damage, hazard, nuisance or other
detriment.
Page 10
Those other uses requiring Conditional Use Permits and as
regulated in the R-l, R-2, and R-3 Districts;
C. Heiqht Requlations:
Any building~-~or structure or portion thereof hereafter erected
shall not exceed five (5) stories; or forty-five (45) feet in
height, unless approved by Conditional Use Permit.
D. Setback Requirements:
1. Front yard:
No building or structure shall be erected nearer than
twenty ~20) feet from the right-of-way line of the street;
provided when lots comprising fifty (50) percent or more of
the frontage between two (2) intersecting streets are
developed with buildings having front yards with a variation
of not more than (15) feet in depth, the average of such
front yards shall establish the minimum front yard depth
for the entire frontage. In no case shall a front yard of
more than thirty (30) ~et be required.
2,. Side yard:
No building shall be erected closer than five (5) feet to
any side property line, except corner lots shall maintain fifteen
(15) foot side yard adjacent to the street which intersects the
street upon which the building fronts.
3. Rear yard:
There shall be a rear yard having a depth of not less than
twenty (20) feet.
E. Area Requirements:
Minimum lot size for single family unit shall be forty-two
hundred (4200) square feet. Two family units shall have a
minimum lot size of 5400 square feet. The minimum lot size
for a three family dwelling shall be fifty-nine hundred (5900)
square ~eet. For each additional unit 500 square feet per
unit will be added to the lot area.
2. The minimum frontage shall be sixty (60) feet.
F. Accessory Uses:
Accessory uses are permitted if constructed either at the same
time or subsequent to the main building. Such uses shall be
limited to two (2) stories in height and shall not encroach
upon the front or side yards.
G. Off-Street Par kinq Requirements:
For up to four (4) residential units on a single lot, one
space for each unit as defined in Chapter 4, Section 5,
sufficient in size for a garage or carport.
For other uses and additional residential units in the R-4
Zone, refer to Chapter 2, Section 1 (G).
SECTION 10. REGULATIONS FOR THE R-4L (MULTIPLE FAMILY RESIDENTIAL-
LIVESTOCK) ZONE
The purpose of the R-4L (Multiple Family Residential-Livestock) Zone
is to provide for an area contained in all of the regu~tions for the
Page il
R-3, but allowing livestock thereon subject to regulations.
A. Uses Allowed:
Any uses allowable under R-3 as regulated therein.
B.Raising of livestock.
SECTION 11. REGULATIONS FOR THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
The purpose of the C-1 (Neighborhood Commercial) Zone is to provide
distinct zones regulated to provide local commercial service needs
and to restrict incompatible uses which may be better located in
community or highway-oriented shopping areas due to size of the
shopping center location within the ~n~ur~ty, residential neighbor-
hood areas being served and o%her factors.
A. Uses Allowed:
The Commission shall have the authority to impose such conditions
and safeguards as it deems necessary to protect the best interests
of the surrounding property or neighborhood from damage, hazard,
nuisance, or other detriment.
1. Retail stores and retail or personal service shops, banks,
offices, hotels, motels and resturants;
2. Clinics;
3. Commercial and private off-street parking lot for passenger
automobiles;
4. Nursery school, school for students of art, dancing, dramatics,
music, business or secretarial work;
5. Government or public utility facilities of a non-industrial
character;
6. Theatre, indoor;
7. Mortuaries;
8. Automobile service station;
9. Radio, television and FM broadcasting stations including
aerials when made an integral part of a principal building.
10. Boarding and rooming houses;
11. Church;
12. Club or lodge;
13. Hospital;
14. School;
15. Multiple-family dwelling;
16. Bowling alley;
17. Signs including outdoor advertising, excluding animated
signs which are deemed to have a deteriorating influence
on surrounding properties.
Page 12
B. Heiqht Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed three (3) stories, or thirty (30) feet in
height unless approved by Conditional Use Permit.
C. Setback Requirements:
No front or side yard shall be required except that when a
building or group of buildings abuts upon a residential dis-
trict, a yard shall be provided on the side of a lot abutting
the residential district, having a width of not less than
ten (10) feet.
There shall be a rear yard with a depth of not less than fifteen
(15) feet when abutting upon a residential zone. The rear yard
may be used for off-street parking and loading.
D. Area Requirements:
There shall be no minimum lot sizes except that residential
uses shall have the same area requirements as set forth in
the R-3 Zone.
E. Accessory Uses:
Accessory uses are permitted if constructed either at the
same time or subsequent to the main building. Such uses
shall be limited to two (2) stories in height and shall not
encroach upon required setback areas.
Off-Street Parkinq Requirements:
For up to four (4) residential units on a single lot, one
space for each unit as defined in Chapter 4, Section 5,
~ufficient in size for a garage or carport;
m
For other uses and additional residential units in the"C"
Commercial Zone, refer to Chapter 2, Section 1 (G).
SECTION 12. REGULATIONS FOR THE C-iL ZONE
The purpose of the C-IL (Neighborhood Commercial-Livestock) Zone
is to provide for an area contained in all of the regula~ons for
the C-l, but allowing livestock thereon subject to regulations.
A. Uses allowed:
Any use allowable under C-1 as regulated therein.
B. Raising of livestock.
SECTION 13. REGULATIONS FOR THE C-2 (C~MMUNITY COMMERCIAL) ZONE
The purpose of the C-2 (Community Commercial) Zone is t o establish
distinct zones regulated to fulfill general shopping center retail
needs and travel or highway related service requirements within the
community.
A. Uses Allowed:
1. Those uses allowed in C-1 Districts as reg61ated therein.
2. Automobile sales lot, surfaced;
3. Automobile sales and service;
Page 13
Be
4. Trailer sales and rental;
5. Club or lodge;
e
Bowling alley, dance hall or similar commercial establish-
ments for public gatherings or recreational ~e.
7. Travel Tm iler Park;
8. Tavern or Lounges;
9. Accessory uses to uses allowed.
Conditional Uses Permitted:
The Planning Commission may, after proper notice and public
hearing, as prescribed in Chapter 3, Section 2, permit the
following uses where such uses are deemed essential or desirable
to the public convenience or welfare. The Commission shall
have the authority to impose such conditions and safeguards
as it deems necessary to protect the best interests of the sur-
rounding property or neighborhood from damage, hazard, nuisance,
or other detriment.
1. Those other uses requiring Conditional Use Permits as regu-
lated in the C-1 District;
2. Automobile and truck repair shop;
C. Heig~ht Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed five (5) stories, or forty-five (45) feet in
height unless approved by Conditional Use Permit.
D. Setback Requirements:
No front or side yard shall be required except that when a
building or group of buildings abuts upon a residential district,
a yard shall be provided on the side of a lot abutting the
residential district, ~aving a width of not less than ten (10)
feet.
There shall be a rear yard with a depth of not less than fifteen
(15) feet when abutting upon a residential zone. The rear yard
may be used for off-street parking and loading.
Eo Area Requirements:
There shall be no minimum lot sizes except that residential uses
shall have the same area requirements as set forth in the R-3
Zone.
F. Accessory Uses:
Accessory Uses are permitted if cor~t, ructed either at the same
time or subsequent to the main building. Such uses shall be
limited to two (2) stories in height and shall not encroach upon
required setback areas.
G. Off-Street Parkinq Requirements:
For up to four (4) residential units on a single lot, one
space for each unit as definedin Chapter 4, Section 5,
sufficient in size for a garage or carport;
Page 14
2. For other uses and additional residential units in the "C"
Commercial Zone, refer to Chapter 2, Section 1 (G).
SECTION 14. REGULATIONS FOR THE C-2L ZONE (COMMUNITY COMMERCIAL-
LIVESTOCK)
The purpose of the C-2L (Community Commercial-Livestock) Zone is to
provide for an area contained in all of the regulations for the C-2,
but allowing livestock thereon subject to regulations.
A. Uses Allowed:
Any use allowable under C-2 as regulated therein.
B. Raising of livestock.
SECTION 15. REGULATIONS FOR THE C-3 (GENERAL COMMERCIAL) ZONE
The purpose of the C-3 (General Commercial) Zone is to provide areas
where activies of a service nature which are more intensive in chara-
cter than in other commercial zones and which may be semi-industrial
in character may be carried out.
A. Uses Allowed:
1. Those uses allowed in C-2 Districts and as regulated therein;
2. Auction establishment;
3. Automobile and truck repair shop;
4. Bottling and distribution plant;
5. Contractors shop within a building and including outside
incidental storage adequately screened by view obscuring
fences from surrounding properties;
6. Sale of heavy building materials and machinery;
7. Sale of hay, gr~in, seed and related supplies;
8. Sale of salvage goods within an enclosed building;
9. Sheet metal, roofing or sign painting shop;
10. Storage warehouse;
11. Trade or industrial school;
12. Transit or trucking terminal.
B. Conditional Uses Permitted:
The Planning Commission may, after proper notice and public
hearing, as prescribed in Chapter 3, Section 2, permit the follow-
ing uses where such uses are deemed essential or desirable to
the public convenience or welfare. The Commission shall have
the auth6rity to impose such conditions and safeguards as it
deems necessary to protect the best interests of the surrounding
property or neighborhood from damage, hazard, nuisance, or other
detriment.
1. Those other uses requiring Conditional Use Permits as
regulated in the C-1 and C-2 Districts.
Page 15
C. Height Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed five (5) stories, or forty-five (45) feet in
height unless approved by Conditional Use Permit.
D. Setback Requirements:
No front or side yard shall be required except that when a
building or group of buildings abuts upon a residential dis-
trict, a yard shall be provided on the side of a lot abutting the
residential district, having a width of not less than ten (10)
feet.
There shall be a rear yard with a depth of not less than fifteen
(15) feet when a~utting upon a residential zone. The rear yard
may be used for off-street parking and loading.
E. Area Requirements:
There shall be no minimum lot sizes except that residential
uses shall have the same area requirements as set forth in
the R-3 Zone.
F. Accessory Uses:
Accessory Uses are permitted if constructed either at the same
time or subsequent to the main building. Such uses shall be
limited to two (2) stories in height and shall not encroach upon
required setback areas.
G. Off-Street Parkinq Requirements:
Forup to four (4) residential units on a single lot, one
space for each unit as defined in Chapter 4, Section 5,
sufficient in size for a garage or carport;
For other uses and additional residential units in the
"C" Commercial Zone, refer to Chapter 2, Section 1 (G).
SECTION 16. REGULATIONS FOR THE C-3L IGENERAL COMMERCIAL-LIVESTOCK) ZO~E
The purpose of the C-3L (General Commercial-Livestock) Zone is to
provide for an area coDtained in all of the regulations for the C-3,
but allowing livestock thereon subject to regulations.
A. Uses Allowed:
Any use allowable under C-2 as regulated therein.
B. Raising of livestock.
SECTION 17. REGULATIONS FOR THE M-1 (LIGHT INDUSTRIAL ZONE.
The M-1 District is established to provide for and encourage the
grouping together of light industrial uses capable of being operated
under such standards as to location and appearance of buildings and
the treatment of the land about them, that they will be unobtrusive
and not detrimental to surroundi~g commercial or residential uses.
A. Uses Allowed:
Those uses allowed and conditional uses permitted in the
C-l, C-2, and C-3 Districts except multiple-family dwellings,
schools, churches, and hospitals;
Page 16
Manufacturing, assembling, fabricating, processing, packing,
repairing, or storage uses which have not been declared a
nuisance by statute, resolution, or any court of competent
jurisdiction and provided these uses shall not cause:
Unreasonable dust, smoke, gas, fumes, noise, vibration,
or oder beyond the boundaries of the site on which such
use is conducted;
Hazard of fire, explosion, or other physical damage
to any adjacent building or plant growth.
3. Wholesaling, warehousing.,storage, and distribution;
e
Contracting equipment, maintenance or operating equipment
of public agencies or public utilities or materials and
equipment of a similar nature including lumber, coal, sand
and gravel yards;
5. Food processing;
6. Laundry and dry cleaning of an iddustrial character.
B. Conditional Uses Permitted:
The Planning Commission may, after proper notice and public
hearing as prescribed in. Chapter 3, Section 2, permit the
following uses where such uses are deemed essential or desirable
to the public convenience or welfare. The Commission shall h~ve
the authority to impose such conditions and safeguards as it
deems necessary to protect the best interests of the surround-
ing property or neighborhood from damage, hazard, nuisance, or
other detriment.
1. Boarding kennel;
2. Broadcasting tower for radio or television;
Storage, for wholesale or for distribution in bulk, of any
flammable liquid above or below ground;
Grain elevator and bulk storage such as for potatoes, hay,
and other similar uses;
C. Height Requlatioqs:
Any building or structure or portions thereof hereafter erected
shall not exceed five (5) stories or forty-five (45) feet, which-
ever is greater unless permitted to exceed this height by a
Conditional Use Permit.
D. Setback Requirements:
1. Front Yard:
The front yard setback shall be a minimum of twenty (20)
feet when a lot abuts, touches or adjoins, or is across
the street from a residential district, otherwise, no front
yard setback is required.
2. Side yard:
The side yard shall be a minimum of twenty (20) feet when a
lot abuts, touches or adjoins a residential district, other-
wise, no rear yard setback is required.
Page 17
E. Area Requirements:
There shall be no minimum lot size.
F. Accessory Uses:
Accessory uses are permitted.
G. Off-street Parkinq Requirements:
Refer to Chapter 2, Section 1 (G).
SECTION 18. REGUI2%TIONS FOR THE M-1L (LIGHT INDUSTRIAL-LIVESTOCK) ZONE
The purpose of the M-1L (Light Industrial-Livestock) Zone is to
provide for an area contained in all of the regulations for the M-l,
but allowing livestock thereon subject to regulations.
A. Uses Allowed:
Any use allowable under M-1 as regulated therein.
B. Raising of livestock.
SECTION 19. REGULATIONS FOR THE M-2 (HEAVY INDUSTRIAL) ZONE
The M-2 District is established to encourage and provide for suitable
areas in which heavy industrial uses may locate, substantially free
from residential or retail commercial activities.
Ao Uses Allowed:
1. Those uses allowed and conditional uses permitted in the
M-1 (Light Industrial) Zone;
2. Distillation of bones or incineration of dead animals or
offal;
3. Bulk storage of corrosive acid or alkali, creosote, fertilizer,
fireworks, and highly combustible materials;
4. Disposal of garbage or waste material by sanitary land
fill or fill and cover methods, or by composting or inciner-
ation;
5. Hog raising, stockyard or cattle feeding yard;
6. Junk yard and auto wrecking yard;
7. Manufacture of glue, tallow or lard;
8. Rock crushing, commercial excavation of building or construction
materials;
9. Tanr~ry.
B. Heiqht Requlations:
Any building or structure or portion thereof hereafter erected
shall not exceed five (5) stories or forty-five (45) feet,
whichever is greater, unless permitted to exceed this height by
a conditional Use Permit.
C. Setback Requirements:
1. Front yard:
The front yard setback shall be a minimum of twenty (20)
feet when the lot abuts, touches or adjoins, or is across
the street from a residential district, otherwise no front
yard setback is required.
Page 18
2. Side yard:
The side yard shall be a minimum of twenty (20) feet when a
lot abuts, touches or adjoins a residential district, other-
wise, no rear yard setback is required.
D. Area Requirements:
There shall be no minimum lot Size.
E. Accessory Uses:
Accessory uses are permitted.
F. Off-Street Parkinq Re.quirements:
Refer to Chapter 2, Section 1 (G).
SECTION 20. REGULATIONS FOR THE M-2L (HEAVY INDUSTRIAL-LIVESTOCK) ZONE
The purpose of ~he M-2L (Heavy Industrial-Livestock) Zone is to pro-
vide for an area contained in all of the regulations for the M-2, but
allowing livestock thereon subject to regulations.
A. Uses Allowed:
Any use allowable under M-2 as regulated therein.
B. Raising of livestock.
SECTION 21. REGULATIONS FOR THE A-T (AGRICULTURAL-TRANSITIONAL) ZONE
The purpose of the A-t (Agricultural-Transitional) Zone is to set
aside land to properly guide gro~h of the fringe areas of the com-
munity demmed to be important for preservation at rural standards.
A. Uses Allowed:
1. Agriculture;
2. Golf course;
3. Single-family dwelling as regulated in the R-1 or R-2 Zone
with the exception that the minimum lot size for such use
shall be one (1) acre;
4. Accessory uses as regulated in Section 3 (F);
5. Home occupations, a~ defined in Chapter 4, Section 5.
B. Conditional Uses Permitted:
1. Airport;
2. Cemetary;
3. Commercial kennel, animal hospital;
4. Broadcasting tower for radio or television;
5. Mining, dredging, and excavation of sand, dirt, gravel or
other aggregate;
6. Public utility installation;
7. Private amusement park, ball park, race track, or similar
uses;
8. Public building, school, hospital or church.
Page 19
C. Height Requlation~:
Any building or structure or portion thereof hereafter erected
shall not exceed two and one-half (2½) stories, or thirty-five
(35) feet in height unless a greater height is approved by Con-
ditional Use Permit.
D. Setback Requirements:
1. Front Yard:
No building or structure shall be erected nearer than thirty
(30) feet from the right-of-way line of the street.
2. Side yard:
No building shall be erected closer than ten (10) feet to
any side property line; except corner lots to the street
which intersects the street upon which the building fronts.
3. Rear Yard:
There shall be a rear yard having a depth of not less than
twenty (20) feet.
Eo Area Requirements:
The minimum lot area shall be one (1) acre.
F. Accessory Uses:
Accessory uses are permitted.
G. Off-Street Parkinq Requirements:
1. For each single-family residence, one space as defined in
Chapter 4, Section 5, sufficient in size for a garage or
carport.
2. For other uses in the "A~T'' Zone, refer to Chapter 2,
Section 1 (G).
CHAPTER 2
GENERAL PROVIS IONS
SECTION 1. SUPPLEMENTARY USE DISTRICT REGULATIONS
A. Intent:
The following provisions shall, be subject to the general regulations
of this ordinance and to the special provisions and exceptions in
this and the following sections so as to secure the intent of this
ordinance, tn all cases of administration and enforcement of this
ordinance for which no other ~ecific provisions are made in this
section and other provisions herein, the Planning Commission shall
provide the same by order, resolution or the adoption of a rule,
regulation or by-law, which provision shall be in accord with'~and
consistant with the objectives and standards of this ordinance.
Uses not specified within use districts are prohibited unless
determined by the Planning Commission or its authorized represen-
tative to be similar in nature to those specified.
Page 20
B. Interp~.etation of District Boundaries:
Whenever any uncertainty exists as for the boundary of any
district shown on any zoning map, the following rules shall
apply:
Where any such boundary line is indicated as following a
street, alley, or public way, it shall be construed as
following the center line thereof.
Where a boundary line is indicated as approximately following
a lot line, such lot line shall be construed to be such boun-
dary line.
Where a boundary line divides a lot or crosses unsubdivided
property, the location of such boundary shall be indicated
upon the zoning map.
Co Lots of Record:
Any single lot or parcel of land, which was of record and a
legal lot at the time of the adoptinn of this ordinance, but
does not meet the requirements of the district in which it is
located for minimum lot width and area, may be utilized if all
other requirements of this ordinance are met.
D. Yard and Setback Requirement~Exceptions:
Certain structures within and projections into required yard
areas are permitted, as herein specified, and shall not be
considered to be obstructions or included in the calculation
of coverage unless otherwise specified:
Cornices, canopies eaves or other projections which do not
increase the volume of space enclosed by the building; pro-
vided, however, that none of these shall project into any
required yard more than two (2) feet.
Exterior stairs of open design provided that no such stairs
shall project into a required front, or side yard more than
three (3) feet and into any rear yard more than six (6) feet.
e
Fences, walls and hedges are permitted in any required yard
or along the edge of any yard to a height of six (6) feet,
provided that no fence, wall, or hedge along the sides or
front edge of any front yard shall be over three(3) feet in
height. On a corner lot in any residential district, nothing
shall be erected, placed, planted, or allowed to grow in any
such manner as to materially impede vision between a height
of three (3) feet and ten (10) feet above the centerline
grades of intersecting streets bounded by the property lines
of such corner lots on a line adjoining points along said
property lines for thirty (30) feet.
E. NOnconforminq Uses:
Any use lawfully occupying a building or land at the effect-
ive date of this ordinance, or of subsequent amendments thereto,
which does not conform to the regulations for the district in
which it is located shall be deemed to be a nonconforming
use and may be continued. Maintenance and minor repairs
necessary to keep a nonconforming use in sound condition
during such continuance shall be permitted.
~pag e 21
A nonconforming building may be enlarged or extended only
if thereafter the entire building is devoted to a conforming
use.
e
No building partially occupied by a nonconforming use shall
be altered in such a way to permit the enlargement or expan-
sion or the space occupied by such nonconforming use.
No nonconforming use may be ~ larged 6r extended in such a
way as to occupy any required open space, or any land beyond the
boundaries of the lot on which it existed at the effective
date of this ordinance, nor may any such nonconforming use
displace any conforming use in the same building or on the
same parcel.
Any nonconforming building destroyed by fire or other calamity
to an~extent of seventy-five (75) percent or more of the
appraised value may not be restored unless such restoration
shall make the building a conforming building and any intended
use shall be a conforming use; provided, however, that nothing
in this ordinance shall be construed to prevent the restorat~n
and the resumption of former lawful use of any building that
is damaged or partially destroyed by fire, or other calamity,
to the extent of less than seventk-five (75) percent, provided
that such restoration is started within one (1) calendar year
and is diligently prosecuted to completion.
Whenever a nonconforming use of land or building has been
discontinued for a period of one (1) year, or whenever there
is evidence of a clear intent to abandon a nonconforming use,
such use shall not thereafter be reestablished, and the uses
of the premises thereafter shall be in conformity with the
regulations of the use district.
Off-Street Parking and Loading Requirements:
When the intensity of use of any building, structure or
premises is increased through the addition of dwelling
units, gross floor area, seating capacity or other units
of measurement specified as requiring parking or loading
facilities, parking and loading facilities as required
herein shall be provided for such increase in intensity of
use.
e
Whenever the existing use of a building or structure shall
hereafter be changed to a new use, parking or loading facilities
shall be provided as required for such new use.
Access to parking spaces as required herein for commercial
and industrial uses shall be not less than twelve (12) feet
wide and not more than forty (40) feet wide at the curb line.
No lawfully existing building shall be deemed to be a noncon-
forming building solely because of lack of any such required
spaces; provided, that space being used for ~0ff-street parking
or loading in connection w~ h any such building at the time
of the effective date of this ordinance shall not be further
reduced in area or capacity.
When the calculation of the required number of spaces called
for herein results in a fractional number, fractions equal to
or greater than one-half (½) shall be adjusted to the next
higher whole number of spaces.
Page 22
e
10.
11.
Parkin§ space requirements for a use not specifically men-
tioned shall be the same as for a use specified which has
similar traffic generating characteristics.
Except as required for dwellings and motels, off-street
parking facilities for several buit]ings, structures or uses,
or for mixed uses, may be provided collectively provided
that the total number of spaces so located together shall
not be less than the sum of the separate requirements for
each of the buildings or uses.
Every open off-street parking area having more than four (4)
parking spaces shall be hard surfaced, including access
driveways.
Lighting used to illuminate off-street parking areas shall be
directed away from residential properties, and such parking
areas shall be effectively screened on any side adjoining
property in a residential zone by a wall, fence, or hedge
to a height of six (6) feet except for the front yard set-
back area of the adjoining residential property, in which
case the maximum height shall be three (3) feet.
Required parking spaces for dwellings shall be upon the same
premises as the dwelling, and no parking space shall be lo-
cated in any required front or side yard.
Parking spaces as hereinafter set forth shall be provided for
all Uses Allowed and Conditional Uses Permitted in any zone,
provided that a greater number of spaces may be required in
any case where a Conditional Use Permit is involved:
For each dwelling unit--- one space, as defined herein,
sufficient for a garage or carport.
For each dwelling unit in a multiple-family dwelling of
four ~4) units or less -- one space as defined herein,
sufficient for a garage or carport, provided however
that for each dwelling unit in a multiple-family dwelling
of five (5) units or more, one space as defined herein,
sufficient for a garage or carport shall be provided for
each of the first four (4) units, and one and one-half
(1½) spaces shall be provided for each additional unit
thereafter.
For each guest bedroom in a hotel, motel, club, lodging
house, fraternity or sorority house -- one parking space,
plus one parking space for each three (3) beds in a
dormitory in the above.
For each four (4) beds in a convalescent, nursing or
rest home, sanitarium or home for the care of children
or the aged -- one parking space; plus one parking space
for each doctor assigned full time to the staff, plus
two (2) parking spaces for each three (3) other employees.
For a hospital -- one parking space for each one thousand
(1,000) square feet of net floor area plus one parking
space for each four (4) regular employees.
fe
For a church, auditorium, theater, or sports arena --
one pakking space for each five (5) seats in the principal
assembly room or area.
For floor space used by the public or by members in a
social hall, dance hall, night club, pool hall, restaurant,
~Page 23
or other similar enterprise or establishment -- a number
of parking spaces equal to twenty (20) percent of the
capacity in persons. For the purposes of this section,
capacity in persons shall mean the gross floor area
divided by fifteen (15) square feet.
he
For a bowling alley -- two (2) parking spaces for each
alley.
For a drive-in theater -- a reservoir space at the en-
trance containing one parking space for each ten (10)
vehicles accommodated within.
Business offices, not otherwise specified -- one parking
space for each two hundred fifty (250) square feet of net
floor area.
1. Mortuary -- twelve (12) parking spaces.
me
Retail stores, banks and shops other than as specified
below -- one parking space for each two hundred (200)
square feet of net floor area in excess of two'thousand
(2,000) square feet; and for drive-in banks - three (3)
additional parking spaces for each teller window.
Retail sales establishments handling only durable goods
or bulky merchandise such as machinery, furniture, or
vehicles, personal service and repair shops, wholesale
stores -- one parking space for each six hundred (600~
square feet of net floor area in excess of two thousand
(2,000) square feet.
Oe
For manufacturing establishments -- one (1) parking space
for each employee, based on the greatest number of employees
at any one time.
De
For every building hereafter erected containing more than
fifteen thousand (15,000) square feet in area and which
is designed to be occupied by any use requiring regula~
receipt or dispatch of merchandise by truck, there shall
be provided and maintained with adequate design to provide
safe and efficient means of access and maneuvering, one
loading space not less than thirty (30) feet in length
and ten (10) feet in width, exclusive of access platforms
and maneuvering areas.
H. Mobile Homes and Travel Trailers Locations:
Provisions pertaining to mobile homes and travel trailers shall
not apply to the storage of travel trailers or campers on the
site of a permanent residence, when such travel trailer or camper
is not used for human occupancy.
CHAPTER 3
ADMINISTRATIVE PROCEDURES
SECTION 1. AMENDMENT AND RECLASSIFICATION
A. Initiation of Proceedinqs and Fee:
This ordinance may be amended whenever the Council deems
that amendment is required for public convenience or necessity,
or for general welfare. Any amendment shall be enacted pursuant
to this section, and for purposes of this section, includes
Page 24
any measure to change district boundaries, establish or
~isestablish districts, to change district regulations,
to add, repeal or amend any other provisions of this
section or the whole of this ordinance.
An amendment to the test of this ordinance or to the official
zoning map may be initiated by a resolution of intention by
the Planning Commission or the City Council or by an appli-
cation of one or more of the owners of property affected by
the proposed amendment.
Applications from a property ~wner shall be filed with the
Planning Commission, accompanied by such data and information
necessary to assure the fullest presentation of facts.
No application from an owner of property for the same general
purpose concerning the same property which has been denied
by the City shall be received or processed by the Secretary
of the Commission within twelve (12) months of such denial
except by unanimous action of the Planning Commission.
A filing fee of ten (10) dollars shall be paid at the time
of filing by an owner representative's application, but no
fee will be required in the case or proceedings instituted
by either the Councillor the Planning Commission.
B. Date and Notice of Public Hearinq:
The Planning Commission shall hold at least one (1) public
hearing on each application for an amendment or reclassifi-
cation, after public notice by one publication has been given
in a newspaper of general circulation indicating the time,
place and purpose for the hearing at least fifteen (15) days
prior to such hearing.
2. Notice of such hearing shall be posted in not less than two
(2) conspicuous places on the property.
C. Action ~y the Planning Commission;
The Planning Commission shall cause to be made by any of its
own members or by any member of its staff, such investigation
of facts bearing upon such application or matter set for
hearing as in the opinion of the Planning Commission will
serve to provide the necessary information to enable the
Planning Commission to act.
At every hearing before the Planning Commission, all persons
shall be heard. Not later than ten (10) days after the con-
clusion of the hearing, the Planning Commission shall file
with the City Clerk a written report stating the action taken
by the Planning Commission and its recommendation to the City
Council.
At its next regular meeting after the Planning Commission has
filed its recommendations with the City Clerk, or at such
time to which the matter may be continued, the Council shall
take action upon such application for reclassification and no
other notice need be given. In the event the Council~'shall
have approved such reclassifications, it shall thereafter be
made a part of this ordinance by appropriate amendment.
In cases where the action taken by the City Council is pro-
tested by a petition signed by the owners of twenty percent
(20%) or more, either of the area of the lots included in
Page 25
such proposed change or of those immediately adjacent in the
rear thereof extending three hundred (300) feet from the street
frontage of such opposite lots, such reclassification shall
not become effective except by the favorable vote~of three-
fourths (3/4) of all members of the Council.
SECTION 2. CONDITIONAL USE PERMIT PROCEDURE
A. The followinq provisions shall applv to Conditional Use Permits:
Every use which requires the granting of a Conditional Use
Permit is declared to possess characteristics such as to
require review and appraisal by the Planning Commission to
determine whether or not the use would cause any damage,
hazard, muisance or other detriment to persons or property
in the vicinity. The Planning Commission may require higher
standards of site development than listed specifically in this
ordinance in order to correlate the proposed use to other
property and uses. The Planning Commission may revoke or
modify its approval of a Conditional Use Permit for breach of
condition or other good cause upon proper notice and public
hearing.
Applications for Conditional Use Permits shall be filed with
the Planning Commission on forms prescribed by the Planning
Commission accompanied by such data and information necessary
to assure the fullest presentation of facts.
3. A filing fee of ten dollars ($10) shall be submitted at the
time of filing a Conditional Use Permit application.
The Planning Commission shall hold at least one (1) public
hearing on each Conditional Use Permit application after
public notice by one publication has been given in a news-
paper of general circulation indicating the time, place,
and purpose for the hearing at least fifteen (15) days prior
to such hearing.
Se
Any owner of property within a two hundred (200) foot radius
of the~exterior boundaries of the subject property may appeal
the decision of the Planning Commission provided written
notice of such an appeal is filed withtthe City Clerk within
(5) days after the decision of the Planning Commission.
In reviewing an appeal pertaining to a Conditional Use
Permit, the City Council shall hold a public hearing and may
approve, disapprove, or modify the action of the Planning
Commission.
SECTION 3. VARIANCE PROCEDURE
A. The followinq p~ovisions shal~apply in considerinq, variances:
The Planning Commission shall consider variances to the terms
of this ordinance which will not be contrary to the public
interest where, owing to special conditions, a literal en-
forcement of the provisions of the ordinance will result in
unnecessary hardship and under such conditions that the spirit
of the ordinance shall be observed and substantial justice
done. In acting upon such variance the Planning Commission
shall make a full investigation and shall hold a public hear-
ing, as herein specified and shall only g~ant a variance upon
finding that the following are true:
That the granting of the variance will not be in conflict
with the spirit and intent of the CQmprehensive General
Plan for the City, and will not effect a change in zoning.
Page 26
That there are exceptional or extraordinary circumstances
or conditions, applicable to the property involved, or
in the intended use thereof, which do not apply generally
to the property or class of use in the district, so that
a denial of the relief sought will result in:
(1) Undue loss in value of property;
(2) Inability to preserve the property rights of the
owner;
(3)
The prevention of reasonable enjoyment of any property
right of the owner;
The granting of such relief will not be materially detri-
mental to the public health, safety or welfare, or injurious
to the property or improvements of other property owners,
or the quiet enjoyment of such property or improvement.
An application for a variance may be initiated by one (1)
or more property owners. Such application shall be filed
with the Planning Commission on forms prescribed by the
Planning Commission accompanied by such data and information
necessary to assure the fullest presentation of facts.
A filing fee of ten dollars ($10) shall be paid at the time
of the filing by an owner or owner representative's application.
The Planning Commission shall hold at least one (1) public
hearing on each variance request after public notice by one
(1) publication has been given in a newspaper of general
circulation indicating the time, place, and purpose for the
hearing at least fifteen (15) days prior to such hearing.
Any owner of property within a two hundred (200) foot radius
of the exterior boundaries of the subject property may appeal
the decision of the Planning Commission provided written
notice of such appeal is filed with the City Clerk within
five (5) days after the decision of the Planning Commission.
In reviewing an appeal pertaining to a variance request, the
City Council shall hold a public hearing and may approve, dis-
approve or modify the action of the Planning Commission.
The variance procedure set forth in this section does not
apply to land uses specified for individual zones.
CHAPTER 4
ENFORCEMENT,, ~EVERABILI~TY, CONFLICT
WITH OTHER ~LAW$,_ VIOLATION AND PENALTY,
DEFINITIONS AND EFFECTIVE DATE
SECTION 1. ENFORCEMENT
An enforcing officer shall be appointed by the Mayor and City Council
and such officer shall be responsible for the enforcement of the pro-
visions of this Ordinance.
SECTION 2. SEVERAB ILITY
If any provisions of this Ordinance or the application thereof to
any persons or circumstances are held invalid, the remainder of the
Ordinance or the application or provisions to other persons or cir-
cumstances shall not be affected thereby.
Page 27
SECTION 3. CONFLICT WITH OTHER LAWS
It is not intended by this Ordinance to impair or interfere with other
regulations of State or local law, or with private restrictions on the
use of land, improvements, and structures. Where this Ordinance imposes
greater restriction than that imposed by other law or private restrict-
ions, this Ordinance shall prevail.
SECTION 4. VIOLATION AND PENALTY
A. Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor, and
shall be deemed guilty of a separate offense for each. and every
day or portion thereof during which any violation of any of the
provisions of this ordinance is committed, continued or permitted.
Upon conviction of any violation of any of the provisions of this
Ordinance, such person shall be punished by a fine of not more
than one hundred (100) dollars, or by imprisonment for not more
than thirty (30) days, or both such fine and imprisonment.
SECTION 5. DEFINITIONS
ne
For the purposes of this ordinance, certain terms are defined
as set forth. All words in the present tense include the future
tense; the plural includes the singular, and all words in the
singular include the plural unless the natural construction of
the sentence indicates otherwise. The word "shall" is mandatory.
Accessory Buildinq - A building which is subordinate to, and
incidental to the principal building on the same lot, but does
not include any building containing a dwelling unit as herein-
after defined.
Accessory Use - A use incidental and subordinate to the principal
use of the premises.
Aqriculture - Tilling of soil, horticulture, raising crops,
~ivestock, dairying, including all uses customarily accessory
and incidental thereto; but excluding slaughter houses, commer-
cial feed lots.
Airport - Any area of land or water which is used or intended
for use by aircraft and including the necessary appurtenant
structures or facilities located thereon.
Animal Hospital -Any building or portion thereof designed or
used for the care or treatment of cats, dogs or other animals.
Apartment - A. room or suit of rooms in a multiple-family structure
which is arranged, designed or used as a single housekeeping unit
and has complete kitchen and sanitary facilities permanently
installed.
Automobile Sales Lot - Premises on which new or used passenger
automobiles, trailers, mobile homes or trucks in operating
condition are displayed in the open for sale or trade, and where
no repair or service work is done.
Automobile Service Station - Premises used primarily for the
retail sale and delivery to the vehicle of motor vehicle fuel
and of lubricating oils, tires and incidental vehicular acces-
sories, and providing vehicular lubrication and related services,
including minor motor vehicle repairs.
Automobile Wreckinq Yard - Any use of premises, excluding fully
enclosed buildings, on which two or more motor vehicles not in
operating condition are standing more than thirty (30) days, or
on which used motor vehicles, or parts thereof, are dismantled
or stored.
Page 28
Block - The space along one side of a street between the two
nearest intersecting streets, or between an intersecting street
and a right-of-way, waterway or other similar barrier, whichever
is lesser.
Boardinq~ House - A building other than a hotel or restaurant
where meals are provided for compensation to three or more
persons who are not members of the householder's family.
B~ldinq L Any structure with substantial walls and roof securely
affi xed to the land and entirely separated on all sides from any
other structure by space or by walls in which there are no com-
municating doors, windows or opening, which is designed or intended
for the shelter, enclosure or protection of persons, animals,
dhattels or property of any kind.
Buildinq, Detached - A building surrounded by open space on the
same lot.
Buildinq, Nqnconforming - Any building which does not conform to
the requirements of this ordinance.
Building, Gqvernment - A building owned or used by the Federal,
State, County or City government, or any political subdivision,
agency or instrumentality thereof.
Business or Commerce - The purchase, sale, exchange or other
transaction involving the handling or disposition of any article,
substance or commodity for profit or livelihood, or the ownership
or management of office buildings, offices, recreation or amuse-
ment enterprises or the maintenance and use of offices or pro-
fessions and trades rendering services.
qity - The City of Chubbuck, Idaho.
Clerk - The City Clerk of the City.
Commission - The Planning-Zoning Commission of the City. The
Planning Commission is declared to also be the Zoning Commission
of the City. (Idaho State Code Section 50-406)
Cgmprehensive General Plan - The Comprehensive General Plan for
the City officially adopted by the Council as such.
Conditional Use - The term Conditional Use shall mean a use or
occupancy of a structure~ or use of land, permitted only upon
issuance of a Conditional Use Permit and subject to the limitations
and conditions specified therein.
Council - The City Council of the City.
Drive-In Establishment - An establishment, other than an auto-
mobile service station, which is designed to accomodate the motor
vehicles of patrons in such manner as to permit the occupants
of such vehicles, while remaining therein, to make purchases or
receive services.
Dwellinq - A building, or portion thereof, containing one or
more dwelling units. The term dwelling does not include any
trailer, motel, hotel, guest house or boarding house as defined
herein.
Page 2 9
Dwellinq, Hiqh Rise Multiple-Family.- A multiple-family building
or portion thereof, containing five (5) or more stories and
which m~y include off-street parking facilities, and having at
least one (1) passenger elevator to serve the dwelling units.
Dwellinq, Multiple-Family -A building, or portion thereof, contain-
ing three or more dwelling units.
~wellinq, Sinqle-Fam~!y - A building designed for use and occupancy
by no more than one family.
Dwellinq, Two-Family - A detached building designed for and
occupied exclusively by two families living independently of
each other.
Dwellinq Unit - One or more rooms designed for, or used as a
residence for not more than one family, including all necessary
household employees of such family, and constituting a separate
and independent housekeeping unitt with a single kitchen permanently
installed. The term does not imply or include such types of
occupancy as a lodging or boarding house, club, sorority, frater~ ty,
or hotel.
Floqr Area, G~oss - The sum of the gross horizontal areas of the
seve~l floors including the exterior walls of a building or
portion thereof.
Floor Area, Net - That portion of the gross floor area of the
building occupied by the listed use or uses and shall include
hallways, storage and packaging space, dressing or rest rooms and
laboratory or work rooms, provided however, that floor space
within the b~lding reserved for parking or loading of vehicles,
and basement space used only for building maintenance and utilities
shall be excluded.
H~ht,_ Buildinq - The verticle distance from the grade to the
highest point of the coping of a flat room or to the deck line of
a mansard roof or the average height of the height gable of a
pitch or hip roof.
Home Occup~i.on - Any gainful occupation engaged in by an occu-
pant of a dwelling unit including handicrafts, dress-making,
millinery, laundering, preserving, office of a clergyman, teaching
of music, dancing and other instruction when limited to attendance
of one pupil at a time and other like occupancies which meet all
of the following conditions:
The use is clearly indicidemtal and secondary to the use of
the dwelling for dwelling purposes.
The use is conducted entirely within a dwelling and is
carried on by the inhabitants thereof.
No article shall be sold or offered for sale on the premise,
except such as is produced by the occupants on the premises,
and no mechanical or electrical equipment shall be installed
or maintained other than such is customarily incidental to
domestic use.
The use does not change the character of the dwelling or
adversely affect the uses permitted in the residential distr~ t.
The use creates no additional traffic and requires no additional
parking space.
No persons are employed other than those necessary for domestic
purposes.
Not more than one-fourth of the gross area of one floor of
said dwelling is used for such use.
Page30
The entrance to the space devoted to such use is from within
the building and no internal or external alterations or
construction features not customary in dwellings are involved.
Junk Yard - An outdoor space where junk, waste, discarded or sal-
vaged materials are stored or handled, including automobile wreck-
ing yards, and yards for used building materials and places or
yards for storage of salvaged building and structural steel mater-
ials and equipment excluding yards or establishments for the sale,
purchase or storage of used cars or machinery in operable condit~n,
and the processing of used, discarded or salvaged materials as
part of a permitted manufacturing operation on the same premises.
Kennel,_ Commercial - Any lot or premises or portion thereof, on
which three (3) or more dogs, cats and other household domestic
animals are maintained, harbored, possessed, boarded, bred or
cared for in return for compensation or kept for sale.
Loading and Unloading. Sp~ce,j. Off-Street - An open off-street
area of land other than a street of public way, the principal
use of which is for the standing, loading and unloading of motor
vehicles, tractors and trailers, to avoid undue interference
with public streets and alleys.
Lot - A unit of land described by metes and bounds or a Part or
a recorded subdivision so recorded for transfer of ownership.
Lot, Corner - A lot which is bounded on two (2) or more sides
by street Lines; where the angle of intersection does not exceed
one hundred thirty-five (135) degrees.
Lot Coveraqe.- The area of a lot occupied by the principal building
or buildings and accessory buildings.
Lot Line - The boundary property line encompassing a lot. The
front lot line is the boundary line which abuts a public street.
For a corner lot, the owner may select either street line as the
front lot line. The rear lot line is the lot line or most nearly
parallel to and most remote from the front property line. All
other lot lines are side lot lines. An interior lot line is a
side line in common with another lot.
~0.t,~ Width,- The horizontal distance bewteen side lot lines
measured at right angles to the depth at a point midway between
the front and rear lot lines.
Mobile Home - A detachedlsingle-family dwelling unit with all the
following characteristics;
Designed for long term occupancy and containing sleeping
accomodations, a flush toilet, a tub or shower bath and
kitchen facilities with plumbing and electrical connections
for attachments to outside systems.
Designed to be transported after fabrication on its own
wheels or on a flat bed or other trailers or detachable
wheels.
Arriving at the site where it is to be occupied as a dwelling
complete, including major appliances and furniture, and ready
for occupancy except for minor and incidental unpacking and
assembly operations, location of foundation supports, connect-
ion to facilities and the like.
Mobile Home park - Any area, tract, plot, or site of land,
whereupon two or more mobile homes are places, located and
maintained for dwelling .purposes on a permanent or semi-
permanent basis and for which a fee, rental or contract for
payment for such use is collected by or collectable to the
person holding the person holding the land.
Page 31
Motel -A building, or group of buildings on the same premises
whether detached or in connected rows, containing sleeping or
dwelling units independently accessible from the outside, with
garage space or parking space located on the premises and designed
for, or occupied by, travelers. The term includes, but is not
limited to, any buildings or building groups designated as auto
courts, motor lodges, tourist courts or by any other title or
sign intended to identify them as providing lodging to motorists.
Nonconforminq .Us.9.- Any use lawfully occupying a building,
structure or land at the effective date of this ordinance, or
of subsequent amendments thereto, which does not conform to the
regulations for the district in which it is located.
Nursery School - An institution providing care, with or without
instruction, for more than five (5) children of preschool age.
Nursinq _Home, Convalescent Home - A building housing any facility
however named, whether operated for profit or not, the purpose
of which is to provide skilled nursing care and related medical
services for two or more individuals suffering from~illness,
disease, injury, deformity or requiring care because of old age.
Reset Home, .Elderly Housinq - Where medical care is not administered.
Parkinq Lot - An open, graded and surfaced area, other than a
street or public way, to be used for storage, for limited periods
of ~ime, of operable passenger automobiles and commercial vehicles,
and available to the public, whether for compensation, free, or as
an accommodation to clients or customers.
~arking Space - Usable space within a public or private parking
area or building, not less than one hundred and eighty (180)
square feet, (nine feet by twenty feet ), exclusive of access
drives, aisles or ramps for the storage of one passenger automobile
or commercial vehicle.
Raisinq Livestock -
Restaurant -A~y land, building or part thereof, other than a
boarding house, where meals are provided for compensation, in-
cluding, among others, such uses as cafe, cafeteria, coffee
shop, lunch room, tea room and dining room.
Setback Area - The space on a lot required to be left open and
unoccupied by buildings or structures, either by the front, side
or rear yard requirements of this ordinance, or by delineation
on a recorded subdivision map.
Si~ - A sign is any structure or natural object, such as tree,
rock, bush and the ground itself, or part thereof or device
attached thereto or painted or represented thereon, which shall
be used to attract attention to any object, product, place, acti-
vity, person, institution, organization or business, or which
shall display or include any letter, word model, banner, flag,
pennant insignia, device or representation used as, or which
is in the'nature 6f an~anno~nce~ent, direction or advertisement.
For the puspose of this definition, the word "sign" does not
include the flag, pennant or insignia of any nation, state,
city or other political unit, or any political,educational,
charitable, philanthropic, civic, professional, religious, or
like campaign, drive, movement, or event.
Page 32
Stgr~ - That portion of a building included between the upper
surface .of the ~loor next above, except that topmost story
shall be that portion of a building included between the upper
surface of the topmost floor and the ceiling or roof above. If
the finished floor level directly above a basement or celler is
more than six (6) feet above grade, such basement or cellar shall
be considered a story.
Street - A public right-of-way which provides vehicular and
pedestrian access to adjacent properties, acceptance or grant of
which has been officially approved bythe Council. The term
"street" includes also the terms highway, thoroughfare, parkway,
thoroughway, road, avenue, boulevard,land, place and other such
terms.
Structure - Anything constructedor erected, except fences,
not exceeding three (3) feet in height, which requires per-
manent location on the ground or is attached to something
having location on the ground.
Tavern or Lounqe - A building where alcoholic beverages are sold
for consumption on the premises, not including restaurants
where the principal busi~ss is serving food.
Trailer - A mobile home park. (See Mobile Home Park)
Y_ard - An open space on the same lot with a principal building
or group of buildings, which is unoccupied and inobstructed from
its lowest level upward, except as otherwise permitted in this
ordinance, and which extends along a lot line and at right angles
thereto to a depth or width specified in the yard regulations for
the district in which the lot is located.
Yard, Front - The yard extending across the full width of the
lot adjacent to the front street line.
Yard Rear - The yard extending across the full width of the
lot and lying between the rear line of the lot and the nearest
line of the principal building.
Yard.~.~ Si~e - The yard lying between the nearest wall of the
principal building, accessory building and side lot line, and
extending from the front yard or the front lot line to the
rear yard.
Zoninq Comm~ssi?n - The Planning Commission.
Zoninq Ma.R - The map incorporated into this ordinance designating
the Use District Zoneso
SECTION 6. EFFECTIVE DATE
This Ordinance shall be in full force and effective on the llth day
after its passage and approval thereof.
PASSED BY THE CITY COUNCILOF CHUBBUCK THIS J ~ ~ ....... DAY OF
~ ~c~ ~-~. ,~/~3~c~_, 1971.
?
APPROVED:
ATTEST:
CITY CLERK
~M~YOR