HomeMy WebLinkAbout0241 Summary of Land Use 1983 CITY OF CRUBBUCK, IDAHO
SUMMARY OF LAND USE ORDINANCE
NOTICE IS HEREBY GIVEN that the Chubbuck City Council has
passed, and the Mayor has approved, Chubbuck City Ordinance No.
241, which shall be known and cited as the "Chubbuck Land Use
Ordinance". The ordinance becomes effective upon publication
of this summary in the Idaho State Journal, the official
newspaper of the City.
The ordinance amends the prior Land Use Ordinance,
Chubbuck City Ordinance No. 205, and materially alters the land
use (zoning) regulations for the City. The land use districts,
consisting of agricultural, limited and general residential,
limited and general commercial, aud industrial land use
districts, as modified since the euactment of Ordinance No.
205, are shown on the map published with this summary. The
ordinance sets forth in detail the uses allowed or
conditionally permitted in each district. The ordinance
continues the height and area regulations set forth in Chubbuck
City Ordinance No. 205, including minimum front, side and rear
yard dimensions, for all land use districts, although the
ordinance does provide for some modification of said
regulations. As with Ordinance No. 205, the new Land Use
Ordinance specifies visibility requirements at street
intersections and supplemental yard and landscaping standards.
It provides for limitations upon density of development in
neighborhoods heavily impacted by urban growth.
Ordinance No. 241 also sets forth additional controls for
commercial and industrial uses. It provides supplemental
standards for accessory structures; animal care sites, the
storage of chemicals, pesticides, and fertilizers; drive-in
establishments; gravel pits; home occupations, commercial
kennels; offstreet parking; the outdoor storage of industrial
products;production building sales offices; riding stables and
schools, and vehicle storage sites. It also regulates the
conversion of dwellings to more units, temporary buildings,
parking and storage of certain vehicles (including recreational
vehicles), improvement of garbage collection areas, and
placement of structures or vegetation in or near streets or
right-of-ways.
The ordinance distinguishes between "site dwellings"(those
constructed on the sites where they are intended to be occupied
and "production buildings" (those constructed at plants or
factories elsewhere).. The ordinance further distinguishes
between Class 1, Class 2, and Class 3 production buildings.
Class 1 production buildings is defined generally as a
production building, which, inter alia conforms to the building
codes and standards applicable
production building is defined
inter alia, was produced since
to site buildings. A Class 2
as a production building which,
June 15, 1976, conforms with the
mobile home construction and safety standards of the United
States Department of Housing and Urban Development, is
multisectional, has a slope roof, and has a design and
appearance which is congruent with the predominant design and
appearance of other site buildings in the existing
neighborhood. A Class 3 production building is defined as a
production building which does not satisfy all of the Class 1
or Class 2 criteria set forth in the ordinance. Class 1
production buildings are permitted in agricultural, general
residential or limited residential areas and are permitted in
general or limited commercial areas by conditional use permit.
Class 2 production buildings may be located in agricultural,
general or limited residential, or general or limited
commercial areas by conditional use permit. Class 3 production
buildings are only permitted in production dwelling courts.
The ordinance sets forth detailed standards for such courts. A
nonresidential production building is a production building
which is not used as a dwelling and which satisfies the bulk of
the criteria for Class 1 production buildings. Nonresidential
production buildings are permitted in all areas for uses
otherwise allowed by the ordinance.
The ordinance establishes a "design overlay" district
which is coextensive with the commercial and industrial
districts. All new development and land uses in these
districts will be required to obtain clearance from the City on
such design factors as landscaping, structural materials and
color scheme, traffic circulation and parking, elevations and
grades and the like. The ordinance specifies standards and
procedures for such design review, and provides for the
creation of a design review committee consisting of the Mayor,
City Engineer, a member of the City's Land Use and Development
Commission and a member of the City Council.
The ordinance defines and regulates planned unit
developments. It authorizes limited mixing of uses in such
developments and provide incentives for efficient use of space
and recognition of aesthetic values. It sets forth standards
and procedures for approval of planned unit developments.
The ordinance restricts non-conforming land uses (those
lawfully in existence when the ordinance takes effect). It
controls development of non-conforming lots and limits the
expansion or modification
uses. The ordinance also
continuing non-conforming
of any non-conforming structures for
sets forth special limitations on
land uses involving livestock,
commercial kennels and hobby kennels.
The ordinance establishes administrative procedures and
substantive standards for changes of land use districts,
amendments to the City's comprehensive plan, and applications
for conditional use permits or variances. The ordinance
establishes criterias for the review of applications for
variances and conditional use permits, restricts the
circumstances in which variances may be granted, and requires
that any decision by the design review committee, land use and
development commission or city council shall be in writing and
shall be accompanied by a statement in the form of findings of
fact and conclusions of law that explain the criteria and
standards considered relevant, state the facts relied upon and
explain the justification of the decision based upon the
criteria, standards and facts set
provides that any decision by the
commission regarding variances or
forth. The ordinance also
land use and development
conditional use permits may
be appealed to the city council by any person adversely
affected by the granting or denial of the same. The ordinance
provides that the city council shall hear the appeal de novo,
except that the commission's decision shall be entered into the
record, The ordinance also provides that the commission's
decision shall also be reviewed de novo by the city council if
a majority of the city council vote at the next regularly
scheduled city council meeting to review the same.
The ordinance contains mechanisms for enforcement of its
provisions. It prohibits placement or construction of any
structures, or the undertaking of any land uses, in violation
of the ordinance. It provides for withholding of municipal
services to uses and structures in violation, it authorizes
civil abatement and/or injunctive proceedings against owners of
properties in violation, and provides for imposition of costs
and legal fees against such owners. It also makes any
violation a criminal misdemeanor, punishable as provided by
law. The Idaho Code presently provides a maximum penalty of
six months in jail
offense.
The full text
and/or $300.00 fine for each misdemanor
of this ordinance is available from the City
Clerk of the Chubbuck City Offices, 5160 Yellowstone, Chubbuck,
Idaho 83202.
I hereby certify that the foregoing summary ~s true and
complete, and that it provides adequate notice to the public.
DATED th~s 2nd day ef May, 1983.
B. LYN~INMILL, CITY ATTORNEY
LAND USE ORDINANCE
Table of Contents
CHAPTER I--TITLE, PURPOSE,
SCOPE AND DEFINITIONS
Section
1-1 Short Title
1-2 Purpose
1-3 Interpretation
1-4 Scope
1-5 Definitions
INTERPRETATION,
No. 241
Page
CHAPTER II--LAND USE DISTRICTS AND GENERAL CONTROLS
Section
2-1
2-2
2-3
Enumeration of Districts
District Boundaries and Land Use Map
General Controls by District
CHAPTER III--SUPPLEMENTAL CONTROLS
Section
3-1
3-2
3-3
3-4
Purpose
Supplemental Yard, Height and Use Controls
Supplemental Controls for Particular Uses
Miscellaneous Supplemental Controls
13
13
15
23
CHAPTER 4--DESIGN OVERLAY DISTRICT AND CRITERIA
Section
4-1
4-2
4-3
4-4
Purpose
District Boundaries and Land Use Map
Uses
Design Review
24
24
24
24
CHAPTER 5--PLANED UNIT DEVELOPMENTS
Section
5-1
5-2
5-3
5-4
5-5
5-6
5-7
5-8
5-9
5-10
5-11
Purpose
Relationship to Other Land Use Controls
Minimum Area
Uses
Ownership Requirements
Common Open Space in Residential PUD's
Utilities
Density
Arrangement of Commercial Uses
Arrangement of Industrial Uses
Procedure for Approval of a Planed
Unit Development
26
27
27
27
27
28
28
28
29
29
29
(continued
LAND USE ORDINANCE
Table of Contents
Page
CHAPTER 6--NON-CONFORMING USES
Section
6-1
6-2
6-3
6-4
6-5
6-6
6-7
6-8
6-9
Purpose
Incompatibility of Non-Conforming Uses
Single Non-Conforming Lots of Record
Non-Conforming Lots of Record in Combination
Non-Conforming Uses of Structures or of
Structures and Land in Combination
Repairs and Maintenance
Uses under Conditional Use Provisions
Livestock
Kennel
33
33
33
33
33
35
36
36
36
CHAPTER 7--ADMINISTRATION
Section
7-1
7-2
7-3
7-4
7-5
Scope
Hearing Procedures
Variances
Conditional Use Permits
Consistency with Comprehensive Plan
36
36
39
40
42
CHAPTER 8--ENFORCEMENT
Section
8-1
8-2
8'3
8-4
Location of Structures and Uses
Permits and Municipal Services
Civil Remedies
Criminal Penalties
42
42
42
43
CHAPTER 9--MISCELLANEOUS PROVISIONS
Section
9-1
9-2
9-3
Repeal of Prior Conflicting Ordinances
Severability
Effective Date
43
43
43
ORDINANCE NO. 24]
AN ORDINANCE REPEALING ORDINANCE NO. 205 OF THE CITY OF
CHUBBUCK, IDAHO, AND AMENDMENTS THERETO, AND ENACTING A
REVISED LAND USE ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO
REGULATING LAND USE WITHIN THE JURISDICTION OF THE CITY;
SETTING FORTH THE TITLE, PURPOSE, INTERPRETATION, AND
SCOPE OF THIS ORDINANCE; DEFINING THE TERMS USED HEREIN;
ESTABLISHING LAND USE DISTRICTS AND PRESCRIBING GENERAL
CONTROLS FOR EACH DISTRICT; PROVIDING SUPPLEmeNTAL CONTROLS
FOR PARTICULAR TYPES OF USES; ESTABLISHING A DESIGN OVERLAY
DISTRICT AND PRESCRIBING REVIEW CRITERIA WITHIN THE DISTRICT;
REGULATING PLANNED UNIT DEVELOPMENT; GOVERNING CONTINUATION OF
NON-CONFORMING USES; SPECIFYING STANDARDS AND PROCEDURES
APPLICABLE TO APPLICATIONS FOR CONDITIONAL USE PERMITS,
VARIANCES, AND REVISION OF USE DISTRICT OR OTHER AMENDMENTS
TO THIS ORDINANCE; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE;
REPEALING ALL CONFLICTING PRIOR ORDINANCES; ESTABLISHING THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
CHAPTER ONE
TITLE, PURPOSE, INTERPRETATION, SCOPE AND DEFINITIONS
SECTION 1-1: Short Title. This ordinance shall be
known and may be cited as the "Chubbuck Revised Land Use Ordinance."
SECTION 1-2: Purpose. This ordinance is enacted to protect
the public health, safety and welfare by providing for compatible
and harmonious uses of land within the jurisdiction of the City,
by organizing uses to encourage growth consistent with a
comprehensive plan, and by enhancing the aesthetic qualities
of the community in the context of sound planning considerations.
This ordinance is intended to comply with, but is not limited to,
the requirement that municipalities enact zoning ordinances under
the Local Planning Act of 1975, and amendments thereto, all as
set forth in the Idaho Code.
SECTION 1-3: Interpretation. This ordinance shall be
construed liberally in the public interest, as a prescription
of minimum land use standards, to accomplish the foregoing purpose.
SECTION 1-4: Scope. This ordinance governs the use
of land, for economic activities and for other purposes, at
any location within the corporate limits of the City or within
any area over which the City exercises control pursuant to the
Idaho Code or pursuant to agreement with other governing bodies
as authorized by the Idaho Code.
1
SECTION 1-5: Definitions. For the purpose of this ordinance:
(a) "Accessory structure" means a structure (defined
below) which is located on the same lot with, and erected
concurrently with or subsequent to, a principal structure,
and which is used ina manner incidental and subordinate to the
principal structure.
(b) "Agriculture" means the tilling of soil, the
raising of crops, commercial horticulture and gardening, but it
does not include the keeping or raising of any animals
except in compliance with applicable ordinances, nor does it
include agricultural industry or businesses such as fruit
packing plants, fur farms, kennels, feed lots or slaughter
houses.
(c) "Animal Care Site" means any location, other than
a kennel, where three (3) or more animals older than six (6)
months are kept for sale or for compensated services such as
treatment, training, or boarding.
(d) "Block" means a piece or parcel of land or group
of lots entirely surrounded by public streets, streams, railroads,
or parks, or a combination thereof.
(el "Child care center" means any place, home, structure
or location where care is provided, for compensation, during part
or all of the twenty-four (24~ hour day, to five (5) or more
persons under the age of eighteen (18) years not related by blood,
adoption, or marriage to the owner, tenant or manager of the premises.
Such term specifically includes day care centers, nurseries,
kindergartens or any other facilities providing care for children
during the day or night; but does not include schools that have
received conditional use permits under this ordinance.
(fl "Drive-in establishment" means a business location
designed to allow provision of goods or services to customers who
remain in. or on vehicles.
(g) "Dwelling" means a structure used for residential
purposes by one or more households, but excludes hotels, motels,
and other transient housing which provides accommodations on a
daily or weekly rental.
(h~ "Home occupation" means any economic activity,
conducted e~tirely within a dwelling structure which is clearly
incidental and secondary to the use of the structure for
residential purposes.
(i) "Household" means one (1) or more persons
living together as a single economic and housekeeping unit.
(j) "Kennel" is defined as follows:
2
(1) "Hobby Kennels" means any location other
than a veterinary hospital and a commercial kennel
where four (4) or more dogs over four (4) months of age
are kept.
(2) "Commercial Kennels" means (.1) any location
where one or more female dogs are kept primarily for
breeding and the offspring thereof are sold for profit,
and (2) any location, other than a veterinary hospital,
where dogs are received for boarding and/or care.
(k) "Livestock" means cows, inclusive of all
bovine; sheep, inclusive of all ovine; goats, inclusive of
all caprine; horses, inclusive of all equine; rabbits; and
fowl, inclusive of all turkeys, chickens, ducks, geese, and
pigeons.
(1) "Lot" means a piece or parcel of land separated
from other pieces or parcels by description, as on a plat or
record of survey map, or by metes and bounds, for purposes of
sale, lease, or separate use.
(m) "Multiple household dwelling" means a dwelling
containing three or more households.
(n) "Non-conforming use" means a use which complies
with all existing laws at the time this ordinance becomes effective,
but does not conform to the regulations prescribed herein.
(ok "Parking space" means an area on land or within a
structure, comprising no less than one hundred eighty (180) square
feet, which is designed for the parking or storage of one vehicle
and which has adequate ingress and egress drives.
(p) "Planned unit development (PUD}" means one or
more structures embracing a combination of land uses within an
integrated and harmonious scheme, under unified control.
(q) "Production building" means a structure intended
for human occupancy or use which is fabricated at a location
other than the site where it is intended to be so occupied or
used, and which arrives at the occupancy site as a building
ready for occupancy or use except for minor and incidental
unpacking and assembly, placement on foundation or supports
(if any), connection to utilities and the like.
(~ "Class I production building" is a
production building, as defined above, (al from which
all axles, hitches and other appurtenances for transportation
have been removed; (b) which is affixed to a permanent
foundation; (el which is not less than twenty-four (24) feet
wide at its shortest dimension; (d~ which is determined
by the City building official to possess the typical
design and exterior construction characteristics of
3
site buildings as defined herein; (e) which conforms to
the building codes and standards including (without
limitation) the Uniform Building Code, as amended,
applicable to site buildings as defined herein, and
(f) which is used as a permanent dwelling.
(21 "Class II production building" is a
production building, as defined above, that (al satisfies
items a and b of the Class I criteria set forth above,
(b) was produced since June 15, 1976, (c) was produced
in compliance with the Mobile Home Construction and
Safety Standards of the United States Department of
Housing and Urban Development (or such other codes or
standards as may be from time to time propounded by HUD
or a successor agency), (dl is used as a permanent
dwelling , (e) is multi-sectional with a minimum floor
area of 480 square feet/section, (f) has a non-metallic,
wood shake or asphalt shingle roof with a minimum slope
of 16% (2:12~ and a minimum 6" eave, or gutter and eave
attached to the entire perimeter of the roof, .(igl has
horizontal aluminum, simulated wood or wood siding, (h)
has a masonry foundation or foundation facia that is
similar in appearance and durability to masonry foundation
of site-built dwellings, as approved by the City building
official, which surrounds the entire perimeter of the
structure and completely encloses the space between the
siding and the finished grade, ~il. is permanently
fixed, and set upon a permanent foundation having an
anchoring system that is totally concealed under the
structure, (jl is installed on site following the
issuance of a valid building permit and any other
permits required by Code or Ordinance, (k) complies
with all other applicable requirements of the land use
district in which the production building is located
including, but not limited to, lot size and setback
requirements, (11 has a design and appearance which is
congruent with the predominant design and appearance of
other site buildings in the existing neighborhood.
(3} "Cla~s III production building" is a
production building, as defined above, that does not
satisfy all of the Class I or Class II criteria set
forth above but is used as a permanent dwelling.
(4) "Non-residential Production Building" is a
production building which is not used as a dwelling, as
that term is defined herein and which satisfies items a, b,
c, d and e of the Class I production bulding criteria set
forth above.
(5) "Production Building Cluster Arrangement" is a
subdivision, park, court or other area that (1) is
intended for residential use where residence is in
production buildings exclusively and which is constructed,
built and maintained in conformance with Section 3.3 (k)
of this Ordinance, or (2) is located in an area which
was included in the R-2T use district by Chubbuck City
Ordinance No. 98, regardless of whether said subdivision,
park, court or area was or is constructed, built or
maintained in conformance with Section 3-3(~ of this
Ordinance.
(rl "Salvage site" means any outdoor location
where junk, waste, or discarded, dismantled, or salvaged
materials, including but not limited to, motor vehicles, not
in operating condition and not being restored to operation
but excluding animal products, are stored, handled, crushed,
processed, recycled, further dismantled or salvaged for
re-sale, profit, monetary gain or other commercial purpose.
($) "Sign" means any visual device designed or
used to convey information.
(t) "Shop" means a location where manufacturing,
fabrication, or assembly activities are conducted.
(u) "Site building" means a structure intended
for human occupancy or use which is primarily fabricated at
the site where it is intended to be so occupied or used.
(iv~ "Store" (noun~ means a location where retail
sales of goods or services are conducted.
(w) "Street" means a way for vehicular traffic,
except: (1] parking lot or area for traffic movement within
the parking lot, (2) a way that is less than one hundred
fifty (150}. feet in length; or ~3) a way that serves or is
intended to serve less than three (3) households.
(x) "Structure" means any construction or improvement,
other than a driveway or other hard surface at ground level,
upon or within land, and includes buildings, signs, and
walls or fences more than six (6~ feet in height.
(iy~ "Use" means any purpose for which land or a
structure is designed arranged or intended, or for which it is
or may be occupied, utilized or maintained.
5
(z) "Vehicle repair site" means any location where
automobiles, trucks, trailers, motor homes, campers, and
other vehicles, mobile equipment or appurtenances thereof
are repaired, reconditioned, rebuilt, painted, otherwise
subjected to mechanical or structural work, or are stored for less
than fifteen (15) days while awaiting such repairs or work.
(aa) "Vehicle sales site" means any location where
automobiles, trucks, trailers, campers, and other vehicles,
mobile equipment, or appurtenances thereof, are sold or rented,
and where no work is performed on said items except incidental
preparation for display or shipment.
(bb) "Vehicle storage site" means any outdoor
location used for the storage, under restrictions imposed by
this Ordinance, of operable vehicles or mobile equipment including,
but not limited to, automobiles, trucks, trailers, motor homes and
campers, unless such vehicles are dismantled, salvaged, or
in the process of being salvaged, in which case such location
shall be regarded as a salvage site, and unless all such
vehicles are stored for less than fifteen (15) days at a
vehicle repair site while awaiting repairs, in which case
such location shall be regarded as a vehicle repair site.
For purposes of this definition, a vehicle or mobile equipment
is salvaged or in the process of being salvaged if it is not
in operating condition, is not being restored to operation, and is
used or is to be used for scrap metal or used parts.
(cc) "Yard" means open land on the same lot
with a structure.
(1) "Front yard" means the space extended
straight across the full width of the lot adjacent to
the front street line, except where the "side yard"
overlaps.
(2) "Rear yard" means the space extending
straight across the full width of the lot adjacent to
the rear lot line, except where the "side yard" overlaps.
C3~ "Side yard" means the space extending
from the front yard line to the rear yard between the
side lot line and the nearest wall of the principal
structure.
(4) "Yard setback" means the distance from
the nearest wall of the principal structure to the
front street line, rear lot line, or side lot line, as
indicated by the context.
(5) "Yard width" means distance between side
lot lines at the required structure front yard set back
line.
CHAPTER TWO
LAND USE DISTRICTS AND GENERAL CONTROLS
SECTION 2-1: Enumeration of Districts. The following
land use districts are hereby established.
(a) Agricultural (A)--The purpose of this district is
to provide for orderly transition of farm lands, by limiting
their use to low density residential neighborhoods until
such time as other uses, consistent with the comprehensive plan,
become appropriate.
(b) Limited Residential (R-l)--The purpose of this
district is to provide for neighborhoods of single household
dwellings, Class I Production Buildings, and, when conditionally
p~rmitted, ~d~uble-~usehold dwelling~ (duplexes). Planned
unit developments, Class ii Production Buildings, and home
occupations may also be conditionally permitted.
(c) General Residential (R-2)--The purpose of this
district is to provide for diversity in the arrangement and
density of residential uses. Class III residential production
buildings are allowed only in clustered arrangements as provided
elsewhere in this ordinance.
(d) Limited Commercial (C-l)--The purpose of this district
is to provide for small office uses and neighborhood scale
convenience business uses, which serve nearby residential areas.
Some larger establishments may be conditionally permitted if
compatible with adjoining uses.
(e) General Commercial (C-2)--The purpose of this district
is to provide for a broad variety of business establishments
serving municipal or regional markets. These uses buffer against
industrial area, and may include compatible light industrial
uses when conditionally permitted.
(f) Industrial (I)--The purpose of this district is to
provide for light industry not absorbed by general commercial
areas, and for heavier industrial uses when conditionally
permitted.
SECTION 2-2: District Boundaries and Land Use Map. The
foregoing districts shall be located as described in Appendix A of
this ordinance and as depicted in the land use map which
comprises Appendix B. Both appendices are attached hereto and
incorporated herein and shall be subject to future amendment
in th~ same manner as other provisions of this ordinance. Where
conflicts exist between the district locations shown in the
appendices and the future land use scheme set forth in the City's
comprehensive plan, such conflicts shall be eliminated by
ordinance, following transfer of title to property or request
from the land owner(s), when the City Council finds that such
action is timely for the orderly transition of affected
neighborhood(s).
SECTION 2-3: General Controls By District.
(a) The general controls for each district set forth
by this ordinance shall be minimum regulations and shall apply
uniformly to each class or kind of structure or land, except
as hereinafter provided:
(1) No structure or land shall be used or occupied
and no structure or part thereof shall be erected, constructed,
reconstructed, moved or structurally altered except in conformity
with all of the regulations herein specified for the district
in which it is located and in conformity with all other applicable
laws, codes or regulations.
(12). No building or other structure shall be
erected or altered --
(A) to provide for greater height or bulk;
(B) to accommodate or house a greater number
of families;
(C) to occupy a greater percentage of
lot area;
(D) to have narrower or small rear yards,
front yards, side yards, or other open spaces;
other than as herein provided, or any other manner be contrary
to the provisions of this ordinance.
(13) No side yard in a lot within A, R-1 or R-2
districts, which is improved by an inhabitable structure at
the time of passage of this ordinance, shall be reduced in
width below five (.5) feet. Areas and dimensions of all
other lots and yards shall meet at least the minimum requirements
set forth herein.
(b) General controls by district shall be as set
forth in the schedule below. Specific uses are permitted where
i~dicated in the schedules by the letter "P"; where the letter
"C" appears, it denotes a use allowed in the district in question
only upon issuance of a conditional use permit as herein provided.
An "X" indicates that the use is neither allowed nor conditionally
permitted. I~nterpretation of the schedule in specific fact
situations where application of the general controls is in
question shall be by the City Council. Any proposed use
which is not specifically mentioned in the schedule below,
or is not given a "P" or "X" designation by City Council
interpretation, shall be allowed only upon issuance of a
conditional use permit.
(c) When several combined land uses exist or are
proposed, the most intensive land use shall be considered
the primary activity or use, unless a conditional use
permit is issued for a planned unit development as set forth
in Chapter V of this ordinance. All non-primary activities
or uses outside a planned unit development shall only be
allowed in accordance with the Schedule of General Controls,
unless the same constitute subordinate uses which are customarily
incidental to and located on the same lot or in the same
building as the primary activity or use.
(d) Any reference in the Schedule of General
Controls to a use as conditionally permitted does not
constitute a finding or declaration by the city council that
such use would necessarily be consistent with the comprehensive
plan of city. The Land Use and Development Commission and City
Council shall not approve an application for a conditional use
permit for a particular proposed use unless such proposed
use is found to be consistent with the comprehensive plan
and conforms to the criteria set forth in section 7-6 of this
ordinance.
9
SCHEDULE OF GENERAL CONTROLS
LAND USES
A R-1
Advertising Agency X X
Agricultural Implement Sales X X
Agriculture (except Livestock) P P
Amusement Centers, Indoor Only X X
Animal Care Site X X
Aquarium Shop X X
Art Gallery X X
Asphalt Plant X X
Auction Service X X
Automotive Parts Store X X
Bakery Goods Store X X
Bank-Savings and Loan X X
Barber Beauty Shop X X
Bar Supply Shop X X
Bath House, sauna or mineral X X
Battery Shop X X
Bearing Supply Shop X X
Beverage Bottling Plant X X
Boat Dealer X X
Book Store X X
Bowling Alley X X
Brick Sales Yard X X
Building Supply Outlet X X
Cabinet Shop X X
Candy Store X X
Carpet & Rug Cleaner X X
Car Wash X X
Caterer Service X X
Cement or Clay products mfg. X X
Cemetery C C
Ceramic Store X X
Chemical Storage & Manufacture X X
Child Care Center C C
Church C C
Cleaning, Laundry Shop X X
Concrete Batch Plant X X
Dance, music or voice studio X X
Department Store X X
Drapery and Upholstery Shop X X
Drive-In Restaurant X X
Drive-In Theatre C X
Drug Store X X
Electric Contractor Shop X X
Electric Motor Repair X X
Electronic Equipment & Supplies X X
Employment Agency X X
Equipment Rental and Sales Yard X X
DISTRICTS
R-2 C-1 C-2
I
X X C C
X X P P
P P P P
X C C X
X X C C
X C P C
X X P C
X X X X
X X C C
X C P P
X P P C
X P P X
X P P X
X X P C
X X C C
X X C C
X X P P
X X C P
X X P X
X P P X
X X P X
X X C P
X X P P
X X C P
X P P X
X X P X
X X P P
X X P C
X X X C
C X C C
X X P X
X X X C
C C C C
C C C C
X C P P
X X X P
X C P P
X X P X
X X P P
X X P X
X X C C
X P P X
X X P P
X X P P
X X P P
X X P X
X X P P
10
L~ 3
A
Exercise Salon X
Exterminating Company X
Fabric Store X
Feed Manufacture & Storage X
Feed & Seed Store & Fertilizer X
Film Processor X
Finance Company Office X
Firearms Sales and Repair X
Fire Equipment Sales X
Fireplace Store X
Florist Store X
Food Processing Plant X
Food Store, Delicatessen X
Frozen Food Locker X
Fuel Yard X
Funeral Home X
Furniture Refinishing X
Furniture Store X
Garment Store X
Gift Shop X
Glass Shop X
Golf Course C
Government Facilities C
Grain Storage X
Greenhouse X
Grocery Store X
Home Occupation C
Hospital C
Hotel X
Housecleaning Agency X
Ice Cream Parlor X
Ice and Dry Ice Manufacturer X
Ice Skating Rinks C
Industrial Equipment & Supplies X
Insulation Contractor X
Irrigation Systems and Equipment X
Jewelry Store X
Karate - Jiu-Jitsu Instruction X
Kennel
(Hobby) P
(Commercial). X
Laboratory, Medical, Dental or
Optical X
Landscaping p
Laundromat, Self-Service X
Lawn Mower Sales & Service X
Linen Supply Services X
Livestock p
Locksmith X
Machine Shop X
Manufacturing X
Meat Packing Plant X
Microfilming Service X
Mining Equipment Supplies X
R-1 R-2 C-1 C-2 I
X X X P X
X X X P P
X X X P X
X X X X C
X X X C P
X X C P X
X X X P X
X X X P X
X X X P X
X X X P X
X X P P X
X X X X C
X X P P X
X X X P P
X X X X C
X C C P X
X X X C P
X X X P X
X X X P X
X X P P X
X X X P P
C C X C C
C C C C C
X X X X P
X X X P P
X X C P X
C C - - -
C C C C C
X X X P X
X X X P X
X X P P X
X X X P P
C C C C C
X X X P P
X X X P P
X X X P P
X X X P X
X X X P X
P P P P P
X X X C C
X X X P X
X X X P P
X X C P X
X X X P X
X X X P C
X X X X X
X X X P X
X X X C P
X X X C P
X X X X C
X X X P P
X X X C P
11
Monument Works
Motel
Motorcycle Store
Moving & Storage Company
Muffler & Exhaust Sales & Service
Multiple Household Dwelling
Music Store
Non-Residential Production Building
A R-1 R-2 C-1 C-2 I
X X X X C P
X X X X P X
X X X X P X
X X X X C P
X X X X P X
X X P C C C
X X X X P X
(for uses otherwise allowed) P P P P
Nursing Home C C C C
Office, Professional X X X C
Paint Store X X X X
Paper Distributors X X X X
Parking Lot, Garage, or Facility X X X X
Pet Grooming Service X X X
Pet Shop X X X X
Photographic Studio X X X C
Planned Unit Development C C C C
Plumbing Contractor & Shop X X X X
Printing & Publishing X X X X
Production Buildings (for uses otherwise allowed)
Class I P P P C
Class II C C C C
Class III (outside Production Building
Cluster Arrangements) X X X X
Class III (within Production Building
Cluster Arrangements} P X P X
Production Building Cluster
Arrangement C X C X
Production Building Sales X X X X
Public Utility Yard X X X X
Railroad Yard or Shops X X X X
Recreational Vehicle Sales X X X X
Rendering Plant X X X X
Restaurant X X X C
Retail Stores & Services X X X X
Riding Stable or School P X C X
Roadside Stand P X X C
Roofing Contractor X X X X
Salvage Site X X X X
Sanitary Landfill C X X X
School C C C C
Single Household dwelling P P P C
Site Buildings (ifor uses otherwise
allowed) P P P P
Service Station X X X C
Swimming Pool Sales X X X X
Taxi Service X X X X
Television Studio, Radio Station X X X X
Terminal Yard, Trucking X X X X
Tire Shop, including recapping X X X X
Tool Repair Shop X X X X
Tree Service X X X C
Vehicle Repair X X X X
Vehicle Storage Site X X X X
Warehousing, Wholesaling X X X X
Wedding Chapels, Services X X X X
Welding Equipment & Supplies X X X C
Well Drilling X X X X
Wood Processing Plant X X X X
P
C
P
P
P
P
P
P
P
C
P
C
C
C
X
X
X
P
C
C
P
X
P
P
C
C
X
X
X
C
C
P
P
P
P
P
C
P
P
C
P
C
C
P
P
X
X
P
C
X
X
P
P
X
X
X
C
P
P
X
X
X
X
X
X
P
P
X
X
X
X
C
C
P
X
C
C
X
P
P
X
P
X
P
P
X
C
P
C
P
X
P
P
C
12
GENERAL CONTROLS (Continued
HEIGHT AND AREA REGULATIONS
~ M/I~I/~4 M~I/~3M MINIML~
FiKI~T REAR SIDE · TOTAL
~ YARD YARD YARD YARD
DISTP~ICT HEIGHT SETBA~{ S~'I'kkACK Sh'I'iiACK * WIDTH
A 35' 25' 20' 14'-5' 70'
R-1 35' 25' 20' 14'-5' 70'
R-2 45 ' 20 ' 20 ' 14 '-5' 60 '
C-1 45 ' 15 ' --
C-2 60 ' 15 ' --
I 60' 15' --
*Minim%~ Total setback is indicated on left; minimum setback for
a sideyard is indicated on right. In ~ddition, the setback for
at least one of the side yards shall be a distance of no less
than nine (9 ~ feet.
On a corner lot, regardless of the facing or configuration
of the principal structure, there shall be a yard at least fifteen
(15) feet wide along at least one of the intersecting streets for
a distance of not less than fifteen (15) feet frc~ the corner
point of the lot.
MINI~3M LOT
AREA PER HOUSE-
HOLD DWR. T.T.ING
(IN SQ. FT)
one acre.
7,000 first
household plus
4,000 each
additional
6,000 sq. ft.
household plus
2,500 each
additional.
CHAPTER III
SUPPLEMENTAL CONTROLS
SECTION 3-1: Purpose. The purpose of this Chapter is to
prescribe additional controls for particular uses, categories of
uses, or areas where problems frequently are encountered.
SECTION 3-2: Supplemental Yard, Height and Use Controls.
(a) Visibility in Intersections--On a corner lot in any
district, nothing shall be erected, placed, planted or allowed
to grow in such a manner as to materially impede vision between a
height of three (3) feet and ten (10) feet above the center line
grades of the intersecting streets within the front yard setback
described in the "Height and Area Regulations" in the
foregoing Chapter.
(lb) Yard Requirements for Multi-Household Dwellings--
A multi-household dwelling shall be considered as one (1} structure
for the purposes of determining front, side, and rear yard
requirements. The entire group as a unit shall require one (1~
13
front, one (1) rear, and two (2) side yards as specified for
dwellings in the appropriate district.
(c) Side and Rear Yard Requirements for Non-Residential
Uses Abutting Residential Districts--Non-residential structures
or uses shall not be located nor conducted closer than forty
(40) feet to any lot line of a residential district, except that
the minimum yard requirements may be reduced to fifty percent
(50%) of the requirement if acceptable landscaping or screening
or combination thereof is provided. Such screening shall be a
masonry or solid fence six (6) feet in height maintained in good
condition and free of all advertising or other signs. Land-
scaping provided in lieu of or in addition to such wall or
fence shall be properly maintained and shall, at a minimu,
consist of a strip of land not less than twenty (20) feet in
width planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four (4) feet in height at
the time of planting.
The landscaping and/or screening which shall be sufficient
to satisfy the requirements of this provision and reduce the
minimum yard requirements by fifty percent (50%) shall be
determined in each case by the Design Review Committee.
(d) Architectural Projections--Open structures such as
porches, canopies, balconies, platforms, carports, covered
patios and similar architectural projections shall be considered
parts of the building to which attached and shall not project
into the required minimu front, side, or rear yeard.
(e) Exceptions to Height Regulations--The height limitations
contained in the official Schedule of District Regulations
shall be increased by ten (10) feet for spires, belfreys,
cupolas, antennas, water tanks, ventilators, chimneys, or
other appurtenances usually required to be placed above the
roof-level and not intended for human occupancy. Such
structures may exceed the height limitations provided for
in this paragraph only upon the issuance of a conditional use
permit as herein provided.
(f) Critical areas--The Land Use and Development Commission
may recommend and the City Council may, in resolution,
impose additional controls upon density of development in a
defined area within the City, if development within said area
threatens the adequacy of traffic movement and control systems,
municipal services, utilities, or open urban space available for
recreation and other purposes. Pending a study of such factors,
the Council may also by resolution impose a moratorium upon
issuance of building permits in the area, for a reasonable
period of time.
14
(g) No land or structure in any district shall be used
or occupied in any manner creating conditions that are injurious,
or noxious, or that otherwise substantially and demonstrably
adversely affect the surrounding areas or adjoining premises.
Economic impact upon property values or land uses may be considered
in application of this section. This subsection shall apply
notwithstanding compliance with any pertinent specific standards set
forth elsewhere in this ordinance or in other applicable laws, codes
or regulations.
(h) Any activity involving the use or storage of flammable
or explosive materials shall be protected by adequate firefighting
and fire-prevention equipment and by such safety devices as
are normally used in the handling of any such material.
(i) No activity shall emit harmful radioactivity at any
point, or electrical disturbance adversely affecting the
operation of any equipment at any point other than that of the
creator of such disturbance.
(j) Objectionable noise which is due to volume, frequency or
beat shall be muffled or otherwise controlled. Air-raid sirens
and related apparatus used solely for public purposes are
exempt from this requirement.
(k) No vibration shall be permitted which is discernible
without instruments on any adjoining lot or property
(1) Air and water pollution shall be subject to the
requirements and regulations established by the Idaho Department
of Health and Welfare.
(m) No direct or reflected glare shall be permitted which
is visible from any property outside an industrial district or
from any street.
(n) No erosion, by man, wind, or water, shall be permitted
which will carry objectionable substances onto neighboring
properties.
SECTION 3-3: Supplemental Controls for Particular Uses.
(a) Accessory Structures--
(~1~. May be located only in rear yards or portions
of side yards beside or behind principal structures.
(25 Shall not be located closer than five [5) feet
from any side or rear property line.
(135 Consisting of abandoned railroad cars, abandoned
truck trailers or vans, or production buildings formerly used as
a dwelling are excluded from all residentail and agricultural
districts and may only be allowed in industrial and commercial
districts upon issuance of a conditional use permit.
15
(b) Animal Care Sites--
(1) Will be located at least three hundred (300)
feet from any residence including motels and hotels, except
for an owner's residence, unless the animals are completely
housed in sound-proof structures that completely screen them
from view of the abutting residential property.
(2) Will comply with all state and local regulations
relative to such an operation, and maintain adequate house-
keeping practices designed to prevent the creation of a nuisance
and to reduce to a minimum the factors of noise and odor.
(c) Bulk Storage of Flammable Liquids and Gases, Above
Ground and for Resale--
(1) Shall be located at least three hundred (300)
feet from a residential zone, a residence, motel, or hotel,
except for an owner's residence.
(2) Shall be erected subject to the approval of
the fire chief, and in accordance with the Uniform Fire Code.
(3) Shall have suitable loading and unloading
spaces and off-street parking facilities subject to the approval
of the fire chief.
(d) Chemical, Pesticide and Fertilizer storage and
manufacturing activities shall have adequate fire protection,
storage areas, warning signs and handling and disposal practices
as approved by the Fire Chief, and in accordance with the Uniform
Fire Code as adopted.
(e) Drive-In Establishments--
(i1) Shall be enclosed on the property line with
maintained landscaping and fencing, except for ingress and egress,
to prevent trash from moving onto other properties.
(2~ Shall have a six (.6~ foot high sight-obscuring
fence along the property lines that adjoin a residence.
(3) Shall provide for adequate trash receptacles.
(14~ Shall avoid the direction of night lighting
toward any residence.
(f) Gravel Pits, Rock Quarries, Sand and Clay Pits and
Other Natural Resources of Commercial Value--
~1} Upon depletion, the area shall be reclaimed and
restored to its original appearance, to the extent feasible,
and in accordance with a reclamation plan approved by the Land
Use and Development Commission and City Council and all
temporary structures or equipment shall be entirely removed
from the property.
(12) Safety fencing shall be erected around all pits
that create a safety hazard.
16
(g) Home Occupations--
~1~ No person other than members of the household
residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling for the home occupation
shall be clearly incidental and subordinate to its use for
residential purposes by its occupants, and not more than
twenty-five percent (25%) of floor area of the dwelling shall
be used in the conduct of the home occupation.
(3) Except as authorized by the conditional use
permit issued for the home occupation, there shall be no change
in the outside appearance of the structure or premises, or other
visible evidence of the conduct of such home occupation other
than one (1) sign, not exceeding four (4) square feet in area,
non-illuminated and mounted flat against the wall of the principal
structure.
(4) No significant traffic shall be generated by
such home occupation. Any need for parking generated by the
conduct of such home operation shall meet the off-street parking
requirements as specified in this ordinance, and shall not be
located in a required front yard.
(5) No equipment or process shall be used in such
home occupations which creates noise, vibration, glare, fumes,
odors, or electrical interference detectable to the normal senses
off the lot. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible
interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises.
(61 The use shall not change the character of the
neighborhood.
(h) Kennels--
Commercial Kennels:
A. Shall be maintained in a separate cage, structure,
dog run or kennel for the housing and confinement of all dogs
in such commercial kennel, which cage, structure, dog run or
kennel ~1~ shall have a minimum area of fifteen (15) square
feet for each dog kept therein, (2} shall be located at least
three hundred(300k feet from any structure intended for human
occupancy or use, except for the owner's residence,
(3) shall have such fences or structures as may be necessary
to confine the doge and to screen them from public views
and from views from abutting properties, and (.4l shall
contain facilities for the disposal of animal waste, other
than through the use of the City's garbage collection service,
which facility shall be maintained so as to prevent odors
17
detectable from public areas and abutting properties.
B. Shall comply with all other state and local
regulations relative to such an operation, and shall be
maintained to prevent noise or odors detectable from public
areas or abutting properties.
(2) Hobby Kennels:
A. Shall only be maintained upon a lot which has
a minimum area of four thousand (4,000) square feet for each
dog kept on such lot, regardless of the number of persons
keeping or harboring dogs on such lot.
B. Shall be maintained in a separate cage, structure,
dog run or kennel for the housing and confinement of all dogs
kept in such hobby kennel, which cage, structure, dog run or
kennel (1) shall have a minimum area of fifteen (15) square feet
for each dog kept therein, (2) shall be located as far as
possible from any structure intended for human occupancy
or use, except for the owner's residence, (3) shall,
in any event, be located at least one hundred (100) feet
from any such structure, except for the owner's residence
(4) shall have such fences or structures as may be necessary
to confine the dog and screen them from views from abutting
properties, and (5) shall contain facilities for the disposal
of animal waste, other than through the use of the City's
garbage collection service, which facility shall be maintained
so as to prevent odors detectable from public areas and
abutting properties.
C. Shall comply with all other state and local
regulations relative to such an operation, and shall be
maintained to prevent noise or odors detectable from public
areas or abutting properties.
(i) Off Street Parking Requirements--
Type of Use Parking Spaces Required
Residential Two (2~ for each household
Commercial
1. Vehicle Repair Sites
2. Hotels and motels
3. Funeral parlors, mortuaries
and similar type uses.
One (1) for each two (2)
gasoline pumps and two (2)
for each service bay.
One (i1} per each sleeping
room plus one (1) space for
each two employees.
Two (2~ for each one hundred
(~00) sq. feet of floor area
in slumber rooms, parlors, or
service rooms.
18
Recreational or Entertainment
Dining rooms, restaurants
taverns, night clubs, etc.
Bowling alleys.
3. Dance floors, skating rinks
4. Outdoor swimming pools, public
or community or club.
Auditoriums, sports arenas,
theaters and similar uses
Retail stores
7. Banks, financial institutions
and similar uses
Offices, public or professional
administration or service
buildings.
Ail other types of business or
commercial uses permitted in any
business district.
Institutional
1. Churches and other places of
religious assembly.
2. Hospitals
Sanitariums, homes for the aged,
nursing homes, children homes,
asylums, and similar uses.
4. Medical and dental clinics.
5. Libraries, museums, and art
galleries.
Two(2) for each one hundred
100 sq. ft. of floor area.
Two (2) for each alley or lane
plus two (2) additional spaces
for each one hundred (100) sq.
ft. of the area used for
restaurant, cocktail lounge,
or similar use.
Two (2) for each one hundred
(100) sq. ft. of floor area used
for the activity.
One (~1) for each five (5) persons
capacity plus one (1) for each
four (4) seats or one (1) for
each thirty (30) sq. ft. floor
area used for seating purposes
whichever is greater.
One (1) for each four (4)
seats.
One (1) for each two hundred
fifty (250) sq. ft. floor area.
One (1) for each two hundred
(200) sq. ft. of floor area.
One (1) for each three hundred
(_300} sq. ft. of floor area.
One (~1) for each three hundred
(300) sq. ft. of floor area.
One (1). for each five (5)
seats.
One (.1~ for each bed plus one
(11 for each three (3) employees.
One (1) for each two (2)
beds.
One (1) for every two hundred
(200) sq. ft. floor area of
examination, treating room office
and waiting room.
One (1~ for each four hundred
(~00~ sq. ft. of floor area.
19
Schools (Public, Parochial or Private)
Elementary and junior high
schools
Two (2) for each classroom and
one (1) for every eight (8)
seats in auditoriums or
assembly halls.
2. High schools
One (1) for every ten (10)
students and one (1) for each
teacher and employee.
3. Business, technical and trade
schools
One (1) for each two (2)
students
4. Colleges, universities
One (1) for each four (4)
students
Kindergartens, child care centers
nursery schools and similar
uses.
Two (2) for each classroom, but
not less than six (6) for the
building.
Manufacturing
Ail types of manufacturing
storage and wholesale uses
permitted in any manufacturing
district
One (1) for every two (2)
employees (on the largest
shift for which the building
is designed) and one (1) for
each motor vehicle used in the
business.
o
Express, parcel delivery and
freight terminal
One (1) for every two (2)
employees (on the largest shift
for which the building is
designed) and one (1) for each
motor vehicle maintained on the
premises.
In the interpretation of this subsection the following shall
govern:
1. Parking spaces for other permitted or conditional uses
not listed in this subsection shall be determined by the City
Council.
2. Fractional numbers shall be increased to the next whole
number.
3. Where for any reason parking demand is unusually high or
low, then the parking space provisions cited above may be adjusted
proportionately by the Council without the necessity of a variance.
4. Paved surfaces must be provided for all off-street
parking; and such surfaces must be maintained and kept clean.
~j} Outdoor Storage of Commercial and Industrial Products
or Materials--
(~1~ Shall be enclosed by properly maintained f~nces
or other structures sufficient to completely screen the
commercial and industrial materials from views from any
existing adjoining residence or residentially zoned area,
whether or not such property is separated by an alleyway or
street.
20
(2) Shall not be located in any front yard setback area.
(k) Production building cluster arrangements-- Cluster
arrangements are mandatory for Class III production buildings.
The following standards shall apply to residential clusters, and
shall control in event of conflict with any other provision of this
ordinance:
(1) The minimum area tO be developed shall be two
(2) acres.
(2) The minimum number of spaces completed and
ready for occupancy before first occupancy is permitted shall
be ten (10).
(3) The intent of the clustered arrangement being
for long term residential occupancy, no space shall be rented
for periods less than thirty (30) days.
(4) Off-street parking areas shall be provided at
the rate of at least two (2) car spaces for each dwelling.
(5) Clusters shall be buffered against adjoining
land uses in the same manner prescribed for non-residential uses
adjacent to residential uses, in Section 3-2(c) of this
ordinance.
(6) There shall be at least twenty (20) feet
between the dwellings and at least twenty (20) feet between
an individual dwelling and any adjoining pavement areas of a
park, street, sidewalk, common parking area or other common
area. There shall be at least twenty (20) foot rear yard for
each dwelling on which an accessory building not to exceed
eighty (80) square feet shall be allowed. Awnings open
on three sides shall be allowed as an attachment to the side of
a dwelling provided there is at least ten (.10) feet from the
awning to any other dwelling or attachment to the dwelling on
an adjoining area.
(3~ All improvements within the cluster arrangement
including streets and utilities shall be completed within
two (2) years from the issuance of the conditional use permit.
(_8~ The cluster arrangement shall be screened from
adjoining property and streets by a solid screening f~nce, with
such additional landscaping as the City Council may require.
(9) The developer of a cluster arrangement shall be
required to obtain design review clearance for the overall
development prior to obtaining a conditional use permit.
(]10~ No cluster arrangement shall be allowed where
access to the court is by a local, as opposed to arterial or
collector street.
21
(lll Signs shall not exceed nine (~9~ square feet.
Under no condition may such signs be of exposed neon or
have any flashing or moving parts.
(12) Each dwelling space shall be a minimum of
5,000 square feet in area.
(13) Each dwelling space shall contain no more than
one production building and each such building shall be a
single family dwelling.
(14~ Except as otherwise provided, herein, the cluster
arrangement shall meet all applicable provisions of the
Chubbuck Land Development Ordinance and Land Improvement
Standards Ordinance, as they may be amended.
The City Council shall have the right in approving a
production building cluster arrangement under this section to
impose any additional conditions, including increasing the above
standards and requiring the approval of operating and management
standards, which are found by the Council necessary to the area
where it is located.
(1) Production Building Sales Office --
(1) Anything in this ordinance to the contrary
notwithstanding, a production building sales site may use
one(l) Class I or Class II production building as a sales
office.
(m) Riding Stables and Schools--
(1) Shall locate all stables or loafing sheds not
nearer than three hundred (.300~ feet from any residence,
except for an owner's residence. All facilities shall be
set back a distance of thirty (30} feet from any property
line.
(2) Shall be designed and located with full
consideration being given to their proximity to adjacent
uses and their effect upon adjacent and surrounding properties,
as to the storage of horse trailers, and the factors of
noise and odor.
(.31 Shall be required that the owner or operator
of such use shall have a continuous obligation to maintain
adequate housekeeping practices to prevent the creation of a
nuisance.
(n) Vehicle Storage Sites--
(1~ Shall be enclosed by properly maintained fences
or other structures sufficient to completely screen vehicles
on the premises from public view and from views from existing
adjoining residences or residentially zoned areas, whether
or not such property is separated by an alleyway or street.
22
Any fence constructed to satisfy this requirement shall not exceed
eight (8) feet in height, measured from the natural elevation
of the land.
(2) Shall be free of all weeds and other rank
vegetable growth.
(3) Shall not contain more than two (2) acres.
SECTION 3-4: Miscellaneous Supplemental Controls.
(a) Conversion of Dwellings to More Units--A dwelling
may not be converted to accomodate an increased number of
household units unless:
(1) The yard dimensions still meet the requirements
herein for new structures in that district.
(2) The lot area per household equals the lot area
requirements for new structures in that district.
(3) The conversion is in compliance with all other
relevant codes and ordinances.
(b) Temporary Buildings--Temporary buildings, construction
trailers, equipment and materials used in conjunction with
construction work only may be permitted in any district during
the period construction work is in progress, but such temporary
facilities shall be removed upon completion of the construction work.
(c) ~ ~Parking and Storage of Certain Vehicles--Vehicles,
campers, or trailers of any kind or type without current license
plates shall not be parked or stored in any residential district
other than in completely enclosed garages or carports. However,
boats, travel trailers and detached campers may be stored in the
side or rear yard.
(d) Required Trash Areas--All trash and/or garbage
collection areas for commercial, industrial and multi-household
residential uses shall be enclosed on at least three (3) sides
by a well maintained solid wall or fence of at least five (5)
feet in height or within an enclosed building or structure,
unless the trash and/or garbage is confined to a single container.
Adequate vehicular access to and from such area or areas for
collection of trash and/or garbage shall be provided.
(e) Except where screen or buffer fences are otherwise
required or authorized by this ordinance, no fence shall be
constructed more than six (~6~ feet in height.
(f) No structure, fence, object, or vegetation shall be
constructed, placed, allowed to grow, or permitted to remain
at any location where it materially obscures line-of-sight
vision from a street or vehicular way to any point within ten
(10) feet along a back-out driveway or to any point within
fifteen (15) feet along an intersecting street or vehicular way.
23
(g) No structure, fence or tree shall be constructed, placed,
allowed to grow, or permitted to remain within any dedicated
street right-of-way, regardless of the width of the street.
The property owner shall maintain any curb and sidewalk within
the right-of-way and shall keep the right-of-way clear of
obstructions or other hazards.
(h) No persons living at a household in a residential
land use district shall keep and regularly and continuously
park, in any public street or right-of-way adjoining the premises
where the household is located, more than one (1) motor vehicle
per household. Additional motor vehicles and any campers,
trailers, boats or other vehicles, shall be parked off the
public street or right-of-way.
CHAPTER FOUR
DESIGN OVERLAY DISTRICT AND CRITERIA
SECTION 4-1 Purpose. The design overlay district is
superimposed over other land use districts and is intended to
guide the general appearance and arrangement of commercial and
industrial uses in order to create an attractive and dynamic
"downtown business center" and in order to assure the compatibility
of satellite commercial establishments and industrial areas with
their surrounding neighborhoods.
SECTION 4-2: District Boundaries and Land Use Map. The
design overlay district shall comprise and be co-extensive with
all commercial and industrial districts, as described in
Appendix A and as depicted in the land use map comprising
Appendix B.
SECTION 4-3: Uses. Uses permitted within the design
overlay district are the same permitted in the districts over
which it is superimposed.
SECTION 4-4: Design Review.
(a) All uses in districts with which the design overlay
district is combined shall be required to obtain design review
clearance prior to obtaining building permits. All applications
shall be accompanied by appropriate architectural and site
deuelopment plans to scale which shall show structure locations,
landscaping, permanent existing trees, ground treatment,
fences, off-street parking and circulation, location and size of
adjacent streets, north arrow and property lines, drawings of
major exterior elevations showing building materials and proposed
color scheme,existing grade and proposed new grades. All such
drawings and plans shall be reviewed by a Design Review Committee
consisting of the Mayor, City Engineer, a member of the City's
24
Land Use Development Commission, and a member of the City Council
and may be further reviewed by the City Council upon request
of the developer, any interested party, or by any member of
the Committee or of the City Council. The Committee shall
meet from time to time at the call of the Mayor.
(b) The Committee (and Council, as appropriate) shall
consider the following matters in reviewing the application:
(1~ Consideration relating to traffic safety and
traffic congestion:
(A) The effect of the site development plan on
traffic conditions on contiguous streets.
(B) The layout of the site with respect to
locations and dimensions of vehicular and pedestrian entrances,
exits, drives, and walkways.
(C) The arrangement and adequacy of off-street
parking facilities to prevent traffic congestion.
(D) The location, arrangement~ and dimensions of
truck loading and unloading facilities.
(E) The circulation patterns within boundaries
of the development.
(F) The surfacing and lighting of off-street
parking facilities.
(2) Considerations relating to outdoor advertising:
(A) The number, location, color, size, height,
lighting and landscaping of outdoor advertising signs and
structures in relation to the creation of traffic hazards and the
appearance and harmony with adjacent developments.
(3) Considerations relating to landscaping:
LA) The location, height, and materials of
walls, fences, hedges, and screen plantings to insure harmony with
adjacent developments or to conceal storage areas, utility
installations, or other unsightly development.
(B~ The planting of ground cover or surfacing
to prevent dust and erosion.
(C) The unnecessary destruction of existing
healthy trees.
(4~ Considerations relating to structures and site
layout.
(A} The consideration of exterior design in
relation to adjoining structures in height, bulk, and area
openings, breaks in the facades and fencing on streets, line
and pitch of roof and arrangement of structures on the parcel.
25
(5) Considerations relating to drainage.
(A) The effect of the site development plan in
relation to the adequacy of the storm and surface water drainage
proposals.
(c) Promptly after receipt of an application for design
review clearance, the Committee shall either approve or deny
such application. In approving an application, the Committee
may impose additional conditions or limitations as deemed necessary.
Upon granting or denying the application, the Committee shall specify:
(1) The ordinance and standards used in evaluating
the application.
(2) The reason for approval or denial.
(3) The actions, if any, that the applicant could
take to obtain a building permit.
The Committee's decision shall be set forth in a written memorandum
lodged with the City Clerk and shall become final if no written
request for review has been received by the Clerk prior to the
conclusion of the next regularly scheduled City Council meeting.
If such a request is received, the matter shall be reviewed
by the City Council at the next available meeting, with
reasonable notice furnished to the developer. In approving
or denying any application upon review, the City Council
shall follow the procedure of this subsection.
CHAPTER FIVE
PLANNED UNIT DEVELOPMENTS
SECTION 5-1: Purpose. It is the policy of the City to
guide major land development projects, embracing a combination
of land uses, by encouraging planned unit development to achieve
the following:
(a) A maximum choice of living environments by allowing
a variety of housing and structure types and permitting an
increased density per acre and a reduction in lot dimensions,
yards, setback, and area requirements.
(b) A more useful pattern of open space and recreation
areas and, if permitted as part of the project, more convenience
in the location of accessory commercial uses, industrial uses and
services.
(c) A development pattern which preserves and utilizes
natural topography and geologic features, scenic vistas, trees and
other vegetation and prevents the disruption of natural drainage
patterns.
(d~ A more efficient use of land than is generally
achieved through conventional development resulting in substantial
savings through shorter utilities and streets.
26
(e) A development pattern in harmony with land use density,
transportation, and community facilities objectives of the
City's comprehensive plan.
SECTION 5-2: Relationship to Other Land Use Controls.
Whenever there is a difference between the provisions of this
Chapter and those of the other Chapters, the provisions of this
Chapter shall control. Subjects not governed by this Chapter shall
be governed by the respective provisions found elsewhere in
this ordinance.
SECTION 5-3: Minimum Area. A PUD for the following principal
uses shall contain an area of not less than:
(a) Three (3) acres for residential development.
(b) Five (5) acres for residential use with subordinate
commercial or industrial uses.
(c) Ten (10) acres for commercial use.
(d) Ten (10) acres for industrial use.
SECTION 5-4: Uses. All uses that may be allowed within
the land use district are permitted within a PUD. In addition,
up to ten percent ~10%) of the gross land area may be directed
to other uses that are not allowed within the land use district,
provided:
(a) That the uses are appropriate with the primary use.
(b) That the uses are intended to serve principally the
properties within the PUD.
(c) That the uses are planned as an integral part of the
PUD.
(d) That the uses be located and so designed as to provide
direct access to a collector or an arterial street without
creating congestion or traffic hazards.
(e) That a minimum of fifty percent (50%~ of the primary
use development occur prior to the development of the related
uses.
SECTION 5-5: Ownership Requirements. An application for
approval of a PUD shall be filed by a property owner or a person
having contractual interest in the property to be included in
the PUD. The PUD application shall be filed in the name or names
of the recorded owner or owners of property included in the PUD.
The PUD application shall be filed in the name or names of the
recorded owner or owners of property included in the development.
However, the application may be filed by the holder(s) of an
equitable interest in such property. Before approval is granted
to the Final Development Plan, the entire project shall be under
single ownership or control and evidence of legal title must be
presented with the Final Development Plan.
27
SECTION 5-6: Common Open Space in Residential PUD's.
(a) A minimum of ten percent (10%) of the gross land
area development in any residential PUD project shall be reserved
for common open space and recreational facilities for the residents
or uses of the area being developed. The City may allow a credit
for lands so reserved, against dedication of park land otherwise
required by the City's land development ordinance.
(b) The required amount of common open space land reserved
under a PUD shall either be held in corporate ownership by
owners of the project area for the use of each owner who buys
property within the development or be dedicated to the public
and retained as common open space for parks, recreation and related
uses. Public utility and similar easements or rights-of-way
for water courses and other channels are not acceptable for
common open space dedication unless such land or right-of-way
is usable as a trail or other similar purpose.
(c) The responsibility for the maintenance of all open
spaces shall be specified by the developer before approval
of the Final Development Plan.
(d) Every property developed under the PUD approach
should be designed to abut upon common open space or similar
areas. A clustering of dwellings is encouraged. In areas where
townhouses are used, there shall be no more than eight (8)
townhouse units in any contiguous group.
SECTION 5-7: Utilities. Underground utilities, including
telephone and electrical systems, are required within the limits
of all PUD's. Appurtenances to these systems which can be
effectively screened may be excepted from this requirement if
the Commission finds that such exemption will not violate the
intent or character of the proposed PUD.
SECTION 5-8: Density. To provide for an incentive for
quality PUD, the City Council may authorize an increased density
of up to twenty-five percent (25%) of the allowable number of
structures or inhabitants, as appropriate. Character, identity,
and architectural and siting variation incorporated into a
development shall be considered cause for density increases,
provided that these factors make a substantial contribution to
the following objectives of the PUD:
~ak Landscaping, streetscape, open spaces, and plazas,
use of existing landscaping, pedestrianway treatment and
recreational areas--a maximum increase of ten percent (10%).
(b~ Siting, visual focal points, use of existing
physical features such as topography, view, sun and wind
orientation, circulation pattern, physical environment, variation
in building setbacks and building grouping (such as clustering)--a
maximum increase of five percent (5%).
28
(lc} Design features, street sections, architectural
styles, harmonious use of materials, parking areas broken by
landscaping features and varied use of housing types--a maximum
increase of ten percent (10%~.
SECTION 5-9: Arrangement of Commercial Uses.
(a) When PUD's include commercial uses, commercial
structures and establishments shall be planned as groups having
common parking areas and common ingress and egress points in order
to reduce the number of potential accident locations at
intersections. Screens or fences shall be provided on the
perimeter of the commercial areas abutting residential areas.
(b) The plan of the project shall provide for the
integrated and harmonious design of buildings, and for adequate
and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be
necessary to make the project attractive and efficient from the
standpoint of the adjoining and surrounding non-commercial areas.
(c) All areas designed for future expansion or not
intended for immediate improvement or development shall be
landscaped or otherwise maintained in a neat and orderly manner.
SECTION 5-10: Arrangement of Industrial Uses.
(a) PUD's may include industrial uses if it can be
shown that such development results in a more efficient and
desirable use of land.
(b) Industrial uses and parcels shall be developed
in parklike surroundings, utilizing landscaping and existing terrain
or vegetation as buffers to screen lighting, parking areas,
loading areas, or docks and/or outdoor storage of raw materials
or products. A planned industrial area shall provide for the
harmony of buildings and a compact grouping in order to economize
in the provision of such utility services as are required.
Thoroughfares shall be kept to a minimum throughout a planned
industrial area in order to reduce through traffic.
~ Project side yards of forty (~0~ feet and a rear
yard of fifty (50~ feet shall be required if the project is located
adjacent to any residential uses. All intervening spaces between
the right-of-way line and project building line and intervening
spaces between buildings, drives, parking areas, and improved
areas shall be landscaped with trees and plantings and properly
maintained at all times.
SECTION 5-11: Prodecure for Approval of a Planned Unit
Development, PUD's are subject to issuance of conditional use
permits. The following procedures are specifically applicable
to PUD's and supplement the procedures for conditional use permits
generally.
29
(a) The developer shall meet with the City Engineer to
discuss submission of a Preliminary Development Plan. The purpose
of this meeting is to review early and informally the purpose
and effect of this ordinance and the criteria and standards
contained herein, and to familarize the developer with the
comprehensive plan and land use and development regulations.
(b) An application for approval of a Preliminary
Development Plan shall be filed with the City Clerk by a
property owner or person having existing interest in the property
for which the PUD is proposed. At a minimum, the application shall
contain the following information filed in triplicate.
~1) Name, address, and phone number of applicant;
(2) Name, address and phone number of registered
surveyor, registered engineer and/or urban planner assisting in
the preparation of the Preliminary Development Plan;
(3) Legal description of property;
(4) Description of existing use;
(5) Land use districts;
(6) A vicinity map at a scale approved by the
Engineer, showing property lines, streets, existing and proposed
uses to show the relationship of the PUD to the comprehensive plan
and to existing schools and other community facilities and
services.
(7) A Preliminary Development Plan at a scale
approved by the Engineer showing topography at two (2) foot
intervals; location and type of residential, commercial and
industrial land uses; layout, dimensions and names of existing
and proposed streets; right-of-ways; utility easements; parks
and community spaces; layout and dimensions of lots and building
setback lines; preliminary improvement drawings showing water,
sewer, drainage, electricity, telephone, and natural gas and such
other characteristics as the Engineer deems necessary.
(8) Proposed schedule for the development of
the site.
(9~ Evidence that the applicant has sufficient
control over the land in question to initiate the proposed
Development Plan within two (2) years.
The application for a Preliminary Development Plan shall
be accompanied by a written statement by the developer setting
forth the reasons why, in his opinion, the PUD would be in
the public interest.
(~)r Where any information required by this section
is substantially similar to information required to be presented
by the developer in compliance with the City's land development
ordinance, such. information may be utilized for both purposes.
30
(d) The same provision for public hearing and legal
notification as set forth in this ordinance for conditional use
permits shall be followed.
(e) Within thirty (30) days after the public hearing
the Land Use and Development Commission shall review the Preliminary
Development Plan to determine if it is consistent with the intent
and purpose of this ordinance; whether the proposed development
advances the general welfare of the community and neighborhood
and whether the benefits, combination of various land uses
and the interrelationsip with the land uses in the surrounding
area justify the deviation from standard district regulations.
The Commission's approval in principle of the Preliminary Development
Plan shall be necessary before an applicant may submit a Final
Development Plan. Approval in principle shall not be construed
to endorse a precise location of uses, configuration of parcels
or engineering feasibility.
(f) Upon approval in principle of a Preliminary
Development Plan, an application for approval of the Final
Development Plan may be filed with the City Clerk by at least
one (1) property owner or person having a presently existing
interest in the property for which the PUD is proposed. Each
application shall be signed by the owner or lessee, attesting
to the truth and exactness of all information supplied on the
application for Final Development Plan. Each application shall
clearly state that the approval shall expire and may be revoked
if construction on the project has not begun within two (2)
years from the date of issuance of the approval. At a minimum,
the application shall contain the following information:
(1) A survey of the proposed development site,
showing the dimensions and bearings of the property lines, area
in acres, topography, existing features of the development site;
including major wooded areas, structures, streets, easements,
utility lines and land uses.
(21 All the information required on the Preliminary
Development Plan; the location and sizes of lots, location and
proposed density of dwelling units, non-residential building
intensity and land use considered suitable for adjacent
properties.
(3~ A schedule for the development of units to be
constructed in progression and a description of the design
principles for buildings and streetscapes; tabulation of the
number of acres in the proposed project for various uses;
the number Of housing units proposed by type; estimated residential
population by type of housing; estimated non-residential population;
anticipated timing for each unit and standards for height,
31
open space, building density, parking areas, population density
and public improvements proposed for each unit of the development
whenever the applicant proposes an exception from standard land use
district regulations or other ordinances governing development.
(4) Engineering feasibility studies and plans
showing, as necessary, water, sewer, drainage, electricity,
telephone and natural gas installations; waste disposal facilities;
street improvements and nature and extent of earth work required
for site preparation and development.
(5) Site plan, showing building(s), various
functional use areas, circulation and their relationship.
(6) Preliminary building plans, including floor
and plans and exterior elevations.
(7) Landscaping plans.
(8) Deed restrictions, protective covenants
and other legal statements or devices to be used to control
the use, development, and maintenance of the land, and the
improvements thereon, including those areas which are to be
commonly owned and maintained.
(g) Within sixty (60) days after receipt of the Final
Development Plan, the Commission shall recommend to the City
Council that the Final Development Plan be approved as presented,
approved with supplementary conditions, or disapproved. The
Commission shall then transmit all papers constituting the record
and the recommendations to the Council. Approval shall not be
recommended unless the Commission finds that:
(1) The proposed development can be initiated
within two (2) years of the date of approval.
(2) Each individual unit of the development,
as well as the total development, can exist as an independent unit
capable of creating an environment of sustained desirability
and stability or that adequate assurance will be provided that
such objective will be attained; the uses proposed will not be
detrimental to present and potential surrounding uses, but will
have a beneficial effect which would not be achieved under
standard district regulations.
(.3) The streets and thoroughfares proposed are
suitable and adequate to carry anticipated traffic, and increased
densities will not generate traffic in such amounts as to overload
the street network outside the PUD.
(14~ Any proposed commercial development can be
justified at the locations proposed.
32
(5) Any exception from standard district
requirements is warranted by the design and other amenities
incorporated in the Final Development Plan, in accordance with
the PUD and the adopted policy of the Commission.
(6) The area surrounding said development can be
planned and developed in coordination and substantial compatibility
with the proposed development.
(7) The PUD is in general conformance with the
comprehensive plan.
(8) The existing and proposed utility services
are adequate for the population densities and non-residential
uses proposed.
(h) Within sixty (60) days after receipt of the final
recommendation of the Commission, the Council shall either
approve, approve with supplementary conditions, or disapprove
the application as presented. Upon granting or denying the
application the Council shall specify:
(1) The ordinance and standards used in evaluating
the application.
(2) The reasons for approval or denial.
(3~ The actions, if any, that the applicant could
take to obtain a conditional use permit.
If the application is either approved or approved with
conditions, a conditional use permit shall be issued.
(i) The conditional use permit for a Final Development
Plan~ for a PUD shall be effective for a period not to exceed two
(.2) years. If no construction has begun within two (2) years after
permit has issued, it shall expire. An extension of the time limit
or modification of the approved Final Development Plan may be
approved, without further hearing or recommendation by the
Commission, if the Council finds that such extension or
modification is not in conflict with the public interest.
CHAPTER SIX
NON-CONFORMING USES
SECTION 6-1: Purpose. This Chapter permits non-conforming
uses to continue until they are removed, but does not encourage
them to be perpetuated. It is further the intent of this Chapter
that non-conforming uses shall not be enlarged upon, expanded or
extended, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district.
SECTION 6-2: Incompatibility of Non-Conforming Uses.
Non-conforming uses are hereby declared incompatible with permitted
33
uses in the districts in which such uses are located. A
non-conforming use shall not be extended or enlarged after
enactment of this ordinance, by attachment on a building or
premises of additional signs intended to be seen from off the
premises, or by the addition of other uses of a nature which would
be generally prohibited in the district in which such use is
located. Provided, however, that to avoid undue hardship,
nothing in this Ordinance shall be deemed to require a change in
the plans, construction or designated use of any building on which
actual construction was lawfully begun prior to the effective
date of adoption or amendment of this ordinance and upon which
actual building construction has been carried on diligently.
SECTION 6-3: Single Non-Conforming Lots of Record. In any
district in which single-household dwellings are permitted,
a single-household dwelling and customary accessory structures
may be erected on any single lot of record if the lot is, at
the effective date of this Ordinance, in separate ownership and
not of continuous frontage with other lots in the same ownership.
This provision shall apply even though such lot fails to meet
the requirements for area or minimum lot width, or both, that
are generally applicable in the district, provided that yard
dimensions and requirements other than those applying to area
or minimum lot width, or both, of the lot shall conform to
the regulations for the district in which such lot is located.
SECTION 6-4: Non-Conforming Lots of Record in Combination.
If two(2) or more lots or a combination of lots and portions of
lots with continuous frontage in single ownership are of record at
the effective date of this Ordinance, and if all or part of
the lots with no buildings do not meet the requirements established
for minimum lot width and area, the lands involved shall be
considered to be an undivided parcel for the purposes of this
ordinance and no portion of said parcel shall be used or sold
in a manner which diminishes compliance with minimum lot
width and area requirements established herein, nor shall any
division of any parcel be made which creates a lot with a
minimum width or area below the requirements stated in this
ordinance.
SECTION 6-5: Non-Conforming Uses of Structures or of
Structures and Land in Combination. If a lawful use involving
land, individual structures, or if a structure and land in
combination, exists at the effective date of adoption or
amendment of this ordinance that would not be allowed in the
34
district under the terms of this Ordinance, the lawful use
may be continued so long as it remains otherwise lawful,
subject to the following provisions:
(a) No existing structure devoted to a non-conforming
use shall be enlarged or structurally altered, nor any new
structure erected with the result of expanding the use not
permitted;but such alteration may be made for the purpose
of converting to a use permitted in the district in which it
is located.
(b) No non-conforming use shall be extended to
occupy any additional land area.
(c) If no structural alterations are made, any
non-conforming use of a structure or structure and land may,
upon the issuance of a conditional use permit be changed to
another non-conforming use; provided, that the Land Use and
Development Commission shall find that the proposed use is
equally appropriate or more appropriate to the district than the
existing non-conforming use. In permitting such change, the
Land Use and Development Commission may require appropriate
conditions and safeguards in accordance with other provisions
of this Ordinance.
(d) Any structure, or structure and land in combination,
in or on which a non-conforming use is superseded by a permitted
use shall thereafter conform to the regulations for the district,
and the non-conforming use may not thereafter be resumed.
(e) When a non-conforming use of a structure, or
structure and land in combination, is discontinued or abandoned for
more than one (1) year (except when government action impedes
access to the premises), the structure, or structure and land in
combination, shall not thereafter be used except in conformity
with the regulations of the district in which it is located.
(.f) Where non-conforming use status applies to a
structure and land in combination, removal, destruction of the
structure, or damage to the structure to the extent of sixty
percent (60%) or more of its fair market value, shall eliminate
the non-conforming status of the land.
(g} A non-conforming use of land shall be made to
conform to the provisions of this ordinance within a period of
two (2) years after this effective date of this ordinance.
SECTION 6-6: Repairs and Maintenance. On any non-
conforming structure, or portion of a structure containing a
non-conforming use, work may be done on ordinary repairs or
on repair or replacement of non-bearing walls, fixtures,
wiring or plumbing; provided, that the cubic content existing
when it became non-conforming shall not be increased.
35
Nothing in this section shall be deemed to prevent the
strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged
with protecting the public safety upon order of such official.
SECTION 6-7: Uses Under Conditional Use Provisions. Any use
which is permitted as a conditional use in a district under
the terms of this ordinance shall not be deemed a non-conforming
use in such district, but shall, without further action, be
considered a conforming use.
SECTION 6-8: Livestock. Wherever the keeping of livestock
has been lawfully conducted under prior ordinances, and constitutes
a non-conforming use, such livestock may be bred, replaced and
sold or traded so long as the number and type of livestock
allowed under said prior ordinance comply with the provisions
of Chubbuck Ordinance No. 185, Section 5(d).
SECTION 6-9: Kennel. No commercial kennel or hobby kennel,
as defined herein, which constitutes a non-conforming use under
the terms and provisions of this ordinance, shall be operated or
maintained in violation of the terms and provisions of this
ordinance or within any district in which the same is not
permitted, after December 31, 1983.
CHAPTER SEVEN
ADMINISTRATION
SECTION 7-1: Scope. The administrative procedures
set forth in this chapter apply, except as otherwise indicated,
to applications or petitions for design review clearance,
issuance of conditional use permits (including PUD approval),
granting of variances, revisions of use districts, and any
other amendment of this ordinance or of the City's comprehensive
plan.
SECTION 7-2: Hearing Procedures.
(a) Application. Any person who owns, or has a
contractual interest in real property governed by this
ordinance may submit a written application under oath, with
ten (10) copies thereof, to the City Clerk, in a form which the
Clerk may prescribe, for issuance of a conditional use permit,
variance, design review clearance, or revision of a use district
and may submit a petition, with ten (10) copies thereof, to
the City Clerk for an amendment of the City's comprehensive plan or
of this ordinance. The applicant or petitioner shall pay to
the Clerk a hearing notice and application review fee of twenty
dollars ($20.001 and, for an application for a conditional
use permit, variance, or revision of a use district, an
36
additional hearing notice fee of one dollar and fifty cents
($1.50) for each or occupant affected by the application. The
applicant for a conditional use permit, variance or revision of a
use district shall furnish the Clerk a written list of the
names and addresses of all owners of record and known occupants
0f properties within three hundred (300} feet of the subject property.
Such list shall be deemed to identify all owners or occupants
affected by the application. Any omission of notice due to
a defect in the list shall be grounds for revision or modification
of any action taken upon the application.
(b) Content of Application. All applications and
petitions shall be accompanied by such information and
materials as is otherwise required by this Ordinance or as
the City Clerk may reasonably require.
(c) Notices. Upon receipt of a petition or application,
with all required fees, lists and information, or upon direction
from the Mayor of the City intends to revise, on its own initiative,
the comprehensive plan, use districts or other provisions of this
ordinance, the City Clerk forthwith shall schedule a hearing
before the Land Use and Development Commission or Design
Review Committee and, except where the application is for
design review clearance, shall cause notice of hearing (1) to be
published once in the official newspaper at least fifteen (15)
days prior to the hearing, (2) to be disseminated generally to
other local news media, and (3) to be posted prominently at
the Chubbuck City Offices. If the application is for a conditional
use permit, variance, or revision of a use district, the City
Clerk shall also cause notice of hearing to be mailed to owners
of record and known occupants of property within the external
boundaries of the land being considered, within three hundred
(300) feet of the lands or structurs affected by the proposed
action, and within any additional area that may be impacted by the
proposed change or conditional use as determined by the Commission.
(d) Conduct of Hearing. All hearings before the
Commission, except hearings on applications for design
review clearance, shall be held as a public hearing, with
opportunity for public comment or testimony. All public
hearings provided for in this Ordinance shall be held in
accordance with this paragraph and shall follow the order
set forth hereinafter:
1. Explanation of subject of hearing by City
staff, including recommendations, if any.
2. Presentation by applicant or petitioner
3. Testimony from audience in favor of and/or
against the proposal
37
4. Questioning of involved parties by participants
in the hearing
5. Closure of oral testimony
6. Discussion of hearing subject among Commission
or Council members. Questions may also be
directed to City Staff.
7. Conclusion of hearing process.
The presiding officer may limit the time allotted to presentation
of oral testimony in a public hearing. Said allocation of time
shall provide for a reasonable opportunity for proponents or
opponents of an issue to be heard. The presiding officer may
exclude repetitious, personally malicious and irrelevent testimony.
Written testimony may be admitted at a public hearing. Written
testimony must be submitted at least three (3) days prior to
the public hearing, shall comply with the standards for oral
testimony, shall include the signature and address of the submittor,
shall be made available to persons in attendance at the public
hearing, or shall be read in full. A transcribable verbatim
record of all hearings shall be maintained for six (6) months
after a final decision has been reached on the matter. Upon
written request and within the time period herein provided for the
retention of the record, any person may have the record transcribed at
his expense. Minutes of all hearings and proceedings shall also
be kept and maintained indefinitely in accordance with city ordinance.
(e) Approval or Denial of Application or Petition. Within
thirty (30) days after the hearing on the application or petition,
or such other time limits as may be imposed by this ordinance, the
Commission or Design Review Committee shall decide whether to
grant a variance, conditional use permit or design review
approval and shall decide whether to recommend that the use
districts be revised or that the City's comprehensive plan
or this ordinance be amended. The Commission shall make a
written record of the findings, in accordance with the
requirements of this Chapter, and enter its decision.
(f) Consideration of Recommendations and Appeals. If a
written appeal from the approval or denial of a variance or
conditional use permit is filed with the Clerk by the applicant,
the review of the approval or denial of a variance or conditional
use permit is to be reviewed pursuant to a vote of the City Council,
the review by the City Council of an application for a
design review clearance is requested pursuant to Chapter IV,
or a recommendation as to revisions of the use districts or
amendments of the City's comprehensive plan or this ordinance
38
is made by the Commission, the appeal or recommendation
shall be placed on the agenda of the next available regularly
scheduled City Council meeting. If the recommendation
relates to a change in land use district, or an amendment of
the City's comprehensive plan or this ordinance, a public
hearing shall be conducted at or prior to the City Council
meeting, using the notice and hearing procedures provided
for in this Chapter. The Council shall, within thirty (30)
days, make a written record of its findings in accordance
with the requirements of this Chapter, and enter a decision.
(g) Standards and Criteria. The approval or denial,
by the Design Review Committee, Commission or Council, of
any application provided for in this Ordinance shall be
based upon the applicable purposes, standards and criteria
set forth in this ordinance.
(h) Form of Decision. The approval or denial by the
Design Review Committee, Commission or Council, of any application
provided for in this ordinance, shall be in writing and shall be
accompanied by a statement in the form of findings of facts
and conclusions of law that explain the criteria and standards
considered relevant, state the facts relied upon and explain
the justification of the decision based on the criteria, standards
and facts set forth. The Design Review Committee, Commission and
Council shall state what actions, if any, applicants could take
to obtain design review clearance, variances or conditional use
permits that have been denied.
SECTION 7-3: Variances.
(a) Limitation. Variances may be granted where the
lands involved are of such size or configuration, are subject
to such title limitations of record, are affected by such
topographical and location conditions, or have been so developed
lawfully prior to advent of zoning in 1972, that it would be
impossible or that it would create a private hardship not required
to protect the public interest to compel the applicant to adhere
strictly to the provisions of this ordinance. However, no variance
shall be granted upon the grounds of "impossibility" if compliance
is merely inconvenient, burdensome, or difficult. Except as
provided below, neither shall a variance be granted upon the
grounds of "private hardship" unless (1} the hardship was not
created or allowed to occur by the applicant, the landowner or
any of their agents; (2~ the hardship was not known or foreseeable
at the time when the lands in question, or an interest therein,
were acquired; (3}. the hardship is serious, immediate and
unavoidable; and (4} alleviating the hardship will not create
39
a possible present or
future hardship for any other private
party nor will it be contrary Go the public interest. In no event
shall any variance be granted merely because compliance with this
ordinance would diminish the financial return from use of the
lands in question or because it will reduce the market value of
the lands.
(b) Personal hardship exception. Where a temporary
deviation from strict compliance with the provisions of this
ordinance would alleviate a compelling personal hardship for the
application or the applicant's family, a six month variance may
be granted. No such variance shall be granted upon economic grounds,
nor shall such variance authorize any permanent construction,
alteration or improvements to the lands in question.
(c) Appeals. Any person adversely affected by the
granting or denial of a variance by the Land Use and Development
Commission may appeal within five (5) days from the date of the
Commission's decision. The appealing party must, within
this time, file with the City Clerk a written statement of
appeal (in any form). The City Council shall hear the
appeal de novo, except that the Commission's decision shall
be entered into the record. The Commission's decision may also
be reviewed de novo by the City Council, if a majority of the
City Council vote at the next regularly scheduled City Council
Meeting to review the same.
SECTION 7-4: Conditional Use Permits.
(a) Duration, Assignability and Review. Unless
otherwise specified by the Land Use Development Commission when
granting, renewing, or modifying a conditional use permit,
such permit shall be non-assignable and non-transferable and
shall expire in three (3) years if the applicant fails to implement
the use for which such permit is sought. A conditional use
permit shall expire upon the violation of any conditions imposed
upon the City Council's approval of a conditional use permit.
The Commission may, as a condition imposed upon a conditional
use permit granted hereunder, require that the applicant report
to the Commission on a subsequent date or dates as to the
implementation of the use for which the permit is sought and as
to the applicant's compliance or non-compliance with
conditions imposed by the Commission.
(b) Appeals. Any person adversely affected by the
granting or denial of conditional use permit by the Land Use
and Development Commission may appeal within five (5) days from
the date of the Commission's decision. The appealing party must,
within this time, file with the City Clerk a written statement of
appeal (in any form). The City Council shall hear the appeal
40
de novo, except that the Commission's decision shall be entered
into the record. The Commission's decision may also be reviewed
de novo by the City Council, if a majority of the City Council
vote at the next regularly scheduled City Council Meeting to
review the same.
(c) Criteria and Standards. The following criteria
and standards shall be applied in determining whether to
grant or to deny any application under the terms of this
ordinance for a conditional use permit, and in considering
and defining the conditions (if any) to be imposed upon a
conditional use permit granted hereunder:
(1) The use for which such permit is sought
must not be injurious to the neighborhood or otherwise detrimental
to the public health, safety or welfare.
(2) The permit sought shall not produce an
adverse impact on the economic values of adjacent properties.
(3) The permit sought shall not produce a
negative impact on transportation facilities, public utilities,
schools, public parks, or the natural environment any greater
than had the strict terms of this ordinance been satisfied.
(4) Account shall be taken of noise and
traffic conditions in the vicinity of the land for which the
permit is sought.
(5) Account shall be taken of the character
and use of buildings and land adjoining and in the vicinity of
the property for which the permit is sought, together with the
number of persons residing or working in such buildings or
upon said land; and the permit, if granted, shall not work an
unreasonable hardship upon surrounding property owners by
virtue of its physical nature or by the impact of changes made
in the landscape of said land.
(6) Account shall be taken of the aesthetic
qualifites of the proposed use and surrounding lands.
(7~ Account shall be taken of the support or
opposition expressed by persons entitled to receive notice of
the conditional use permit application.
(8) The applicant shall show that he has taken
all reasonable steps to comply with the strict terms of this
ordinance. If the applicant has shown that the uses "allowed"
under this ordinance are not feasible, such showing shall support
an application for a conditional use permit.
(9) Adverse impact on other development within
the city shall be minimized as far as possible.
(10) The sequence and timing of any development
conditionally permitted hereunder may be controlled as appropriate.
41
(11) The duration of any development conditionally
permitted hereunder may be controlled.
(12) Any permit granted hereunder may contain
provisions for assuring that the development is maintained
properly.
(13) Any permit granted hereunder may designate
the exact location and nature of the permitted development.
(14) Any permit granted hereunder may require
for on-site or off-site public facilities or
the provisions
service.
(15) Any permit granted hereunder may require more
restrictive standards than those otherwise required by this
ordinance.
(16) Notwithstanding the time deadlines
established elsewhere in the ordinance for processing applications,
the City Council may, if it deems such action necessary, require
studies of the social, economic, fiscal, and environmental
effects of a proposed conditional use prior to the granting
or denying of the application therefor, and the applicable time
deadline shall be extended accordingly.
SECTION 7-5: Consistenc~ with Comprehensive Plan. No
variance shall be granted, nor any conditional use permit issued,
nor any revision to this ordinance adopted, unless such action
is consistent with the City's comprehensive plan.
CHAPTER EIGHT
ENFORCEMENT
SECTION 8-1: Location of Structure and Uses. No structure
shall be placed or constructed, nor any uses conducted, at
locations or in a manner violative of any provisions of this
ordinance, of any duly entered decision of the City Council or Land
Use and Development Commission hereunder, or of the City's
comprehensive plan.
SECTION 8-2: Permits and Municipal Services. The City
will not issue permits to build, install, repair, or remove any
structures or improvements upon lands governed by this ordinance,
nor will the City furnish water, sewer, or sanitation services to
any structures or for any land uses, which constitute violations
within the meaning of section 8-1 above.
SECTION 8-3: Civil Remedies. The City may exercise its
abatement power under the Idaho Code, at the owner's expense,
with respect to any violations which represent or cause public
nuisances. In addition, or in the alternative, the City may commence
42
injunctive proceedings against the owner, in order to obtain
compliance with the ordinance. In such proceedings, the City shall
request and the court may award the City its cost, as determined
by court rule, together with a reasonable attorney's fee, and
such ~th~r or further relief asthe court may deem just.
SECTION 8-4: Criminal Penalties. Any violation within
the meaning of section 8-1 above shall be unlawful and punishable
as a misdemeanor. Each day that such violation occurs or
continues shall be deemed a separate offense. Prosecution for
such offense shall not preclude the City from seeking a
civil remedy, for failure to comply, as provided in section
8-3 above.
CHAPTER NINE
MISCELLANEOUS PROVISIONS
SECTION 9-1: Repeal of Prior Conflicting ~rdinances. All
prior ordinances and parts thereof, which cover the same subject
matters governed by this ordinance, and which contain provisions
in conflict with the provisions of this ordinance, are hereby
repealed to the extent of such conflict.
SECTION 9-2: Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforeceability of any of the remaining provisions.
SECTION 9-3: Effective Date. The rule requiring ordinances
to be read on three (3) separate occasions is hereby dispensed
with and this ordinance shall become effective upon its passage,
approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the
City of Chubbuck, Idaho, this ~ day of ~ , 19 ~3
ATTEST:
CITY CLERK
43
APPENDIX A
LAND USE ORDINANCE
DESCRIPTION OF DISTRICTS
A. Except as provided in paragraphs below, the district descriptions
set forth in the attached insert from the city's comprehensive plan are adopted
and incorporated herein.
B. All areas outside the incorporated boundaries of the city shall
be deemed Agricultural ("A") and shall not be included within any other use
district until such time as this ordinance is amended, following request from
landowner(s) or transfer of title to affected properties.
C. Within the city, the following area which falls within an
industrial (I) or Commercial (C-1 or C-2) district under the comprehensive
plan, shall be deemed Agricultural ("A") under this ordinance until such time
as the ordinance is amended, following request from landowner(s) or transfer
of title to affected properties:
Commencing at the midpoint of the intersection of Hawthorne Road
and West Chubbuck Road; south along Hawthorne Road to a point
approximately 528 feet north of the southern boundary of the
city; east approximately 712 feet; north approximately 790
feet; east approximately 575 feet north to a point approximately
580 feet south of the middle of West Chubbuck Road approximately
740 feet east of the point of beginning; west along West Chubbuck
Road to the point of beginning. This area has been zoned A-T
under the zoning ordinance preceding this land use ordinance.
D. Within the city, the following areas which fall within the
industrial (I) district under the comprehnsive plan shall be deemed General
Residential (R-2) under this ordinance until such time as the ordinance is
amended, following request from landowner(s) or transfer of title to affected
properties:
(1) Commencing at a point on the northern boundary of the city
approximately 835 feet east of the middle of Yellowstone Avenue; east along
the northern boundary approximately 475 feet; south approximately 635 feet; west
approximately 475 feet; north approximately 635 feet to the point of beginning.
This area has been zoned R-3L under zoning ordinance preceding this land use
ordinance.
(2) Commencing at a point approximately 835 feet east, and
approximately 475 feet south of the middle of the intersection of Yellowstone
Avenue and East/West Chubbuck Road; south parallel to the railroad tracks approx-
imately 1065 feet to the north side of Evans Lane; east along Evans Lane approx-
imately 50 feet to the ~ort Hall lateral canal; south approximately^~40 feet
along the lateral ca~al, east approxiamtely 400 feet; south approximately 575
feet; east approxi~m~tely 502 feet to the railroad tracks; northwest ~long the
tracks approximateq~ 1050 feet north along the tracks approximately 485 feet;
west approximately 305 feet; north approximately 440 feet; west approximately
480 feet to the point of beginning. This area has been zoned R-4L and R-2L
under the zoning ordinance preceding this land use ordinance.
(3) Commencing at a point approximately 510 feet west and 670
feet south of the middle of the intersection of Whitaker Road and East Chubbuck
Road; west approximately !85 feet; south approximately 316 feet; east approximately
185 feet; north approximately 316 feet to the point of beginning. This area
has been zoned R-2T under thc zoning ordinance preceding this land use ordinance.
4. Commencing at a point approximately 510 feet west and 25
feet north of the middle of the intersection of Whitaker Road and East Chubbuck
Road; west approximately 120 feet; north approximately 2615 feet; east approximately
120 feet; south approximately 2615 feet to the point of beginning. This area
has been zoned R-2L under the zoning ordinance preceding this land use ordinance.
E. Within the city, the following areas which fall within the
General Commercial~(C-2) district under the comprehensive plan shall be deemed
General Residenl~i~ (R-2) under this ordinance until such time as the ordinance
is amended, f~llLo~ing request from landowner(s) or transfer of title to affected
properties:
(1) Commencing at a point approximately 1320 feet east of
the middle of the intersection of West Chubbuck Road and Hawthorne Road;
north approximately 5120 feet; east approximately 900 feet; south approximately
2490 feet; west approximately 55 feet; south approximately 640 feet; east
approximately 142 feet; south approximately 132 feet; west approximately 142
feet; south approximately 55 feet; east approximately 142 feet; south approximately
375 feet; west approximately 1030 feet; to the point of beginning. This
area has been zoned R-2, R-2T, and R-3 under the zoning ordinance preceding
this land use ordinance.
(2) Commencing at a point 475 feet west and 1320 feet south
of the middle of the intersection of Yellowstone Avenue and East/West Chubbuck
Road; south approximately 310 feet; west approximately 850 feet; north approximately
310 feet; east approximately 850 feet. This ar~a has been zoned R-4L under'the
zonin9 ordinance preceding this land use ordinance.
(3) Commencing at a point approximately 25 feet north and
approximately 25 feet east of the middle of the intersection of West Quinn
Road and Hawthorne Avenue; north approximately 530 feet; east approximately 713
feet; north approximately 412 feet; southeast approximately 1350 feet; south
approximately 160 feet; west approximately 1805 feet to the point of beginning.
This area has been zoned R-3L under the zoning ordinance preceding this land
use ordinance.
(4) Commencing at a point approximately 1320 feet east and
approximately 25 feet north of the middle of the intersection of West Chubbuck
Road and Hawthorne Road; east approximately 910 feet; north approximately 248
feet; west approximately 910 feet; south approximately 248 feet to the point
of beginning. This area has been zoned R-3L under the zoning ordinance
preceding this land use ordinance.
The following platted parcels:
(a) Lots i through 12, Parrish Tracts subdivision.
(b) Lots 7, 8, 11, 14, 17 and 18, plus all but the
east 475 feet of lots 12 and 13, Bonnie Brae
Acres subdivision.
(c) Lots 1 through 4, and the west 30 feet of lot 5,
Highway 91 Addition subdivision.
(d) Lots 5 through 8, 12 through 16 Highway Acres
Subdivision, except Lot 13 and the northerly
195 feet of Lot 14.