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Home My WebLink About0863 Title 18 Height LimitsCITY OF CHUBBUCK ORDINANCE No. 8 A PETITION BY CITY OF CHUBBUCK CITY STAFF TO UPDATE SEVERAL SECTIONS OF CITY CODE: TITLE 18, LAND USE, REGARDING THE HEIGHT LIMITS OF ARCHITECTURAL FEATURES AND VARIOUS MONUMENTS, AND HEIGHT OF BUILDINGS IN THE VILLAGE AND HIGHWAY CORRIDOR LAND USE DISTRICTS; AND TITLE 15, BUILDINGS AND CONSTRUCTION, REGARDING THE HEIGHT, WIDTH, AND PLACEMENT OF SIGNS, AND CLARIFYING STANDARDS FOR TEMPORARY SIGNS. TITLE 18.12.020.E, SUPPLEMENTAL YARD, HEIGHT, AND USE CONTROLS, CLARIFYING EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS FOR ARCHITECTURAL FEATURES SUCH AS CHIMNEYS, STEEPLES, FLAGPOLES, AND MONUMENTS; AND TITLE 18.19.060, DESIGN AND FRONTAGE, ESTABLISHING EXCEPTIONS TO THE MAXIMUM HEIGHT OF BUILDINGS IN THE VILLAGE (V) AND HIGHWAY CORRIDOR (HC) LAND USE DISTRICTS; AND TITLE 15.24, SIGN REGULATIONS, STANDARDIZING HEIGHT, WIDTH, AND PLACEMENT OF PERMANENT SIGNS, AND CLARIFYING STANDARDS FOR LOCATION, HEIGHT, AND SIZE OF TEMPORARY SIGNS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended 1812. Section 18.12.020 of Chubbuck Municipal Code is amended as follows: 18.12.020. SUPPLEMENTAL YARD, HEIGHT, AND USE CONTROLS E. Exceptions To Height Limitations: Exceptions to the height limitations set forth in the schedule of general controls for land use districts may be granted fur str-uetur-es w othef er nat intended for- human eeeupaney. Suoh str-uetuFes may eNeeed the height lifflitatiORS PFEWid0d fOf iA this title only upon the is.,....nee ef ft conditional use permit a k pr-evided. as follows: 1. Structures intended for human occupancy may exceed the height limitationsrop vided for in this title only upon the issuance of a conditional use permit as herein provided 2. Structures and features not intended for human occupancy such as chimneys, flagpoles, steeples, non -power generating windmills decorative towers monuments weathervanes etc. but not signs,�exceed the height limitations provided for in this title upon approval of the Design Review Committee as provided below: a. In residential or agricultural land use districts, the height limit may be increased to one hundred and fifty percent (150%) of the allowable height but shall not exceed seventy 70 feet. b. In commercial and industrial land use districts, the height limit may be increased to one hundred and fifty percent (150%) of the allowable height but shall not exceed one hundred feet (100'). However, if the structure or feature is within one hundred feet 100') of a residential zone. the height limit may be increased to onlv one hundred and fifty percent (,150%) of the allowable height in the neighboring residential zone. c. In a Planned Unit Development (PUD) or mixed use district where no height limit is defined and there are no architectural review covenants, the height of the building feature may be one hundred and fifty percent (150%) of the height of the building, or, a free-standing_ structure may be one hundred and fifty percent (150%) of the height of the nearest building intended for human occupancy within the PUD but shall not exceed one hundred feet (100')* d. Such features and structures may exceed the height limitations provided for in sections a through c above only pon the issuance of a conditional use permit as herein provided. Section 2. Amended 18.19. Section 18.19.060 of Chubbuck Municipal Code is amended as follows: 18.19.060 DESIGN AND FRONTAGE: TABLE 19.1 DESIGN AND FRONTAGE STANDARDS DESIGN AND FRONTAGE HIGHWAY CORRIDOR VILLAGE BUILD -TO LINE/BTL Primary street (front) fagade (see 10' minimum, 40' maximum 0', building or Figure 19.4) courtyard/patio at sidewalk Side street fagade 10' minimum, 20' max 0', building or courtyard/patio at sidewalk PROPERTY LINE SETBACK (NON -STREET) Side setback (see Figure 19.5) 0' minimum, maximum 33% 0' minimum, maximum 25% of lot width of lot width Rear setback 0' minimum 0' minimum from non- residential or mixed use; 10' minimum from residential DESIGN AND FRONTAGE HIGHWAY CORRIDOR VILLAGE FRONTAGE AND BUILDING FACADE WIDTH AND HEIGHT Minimum lot width 25' minimum 25' minimum Primary street (front) fagade building 67% minimum 75% minimum width of parcel (see Figure 19.6) Side or rear street fagade' building 50% minimum 60% minimum width of parcel Minimum ar xi Building 25' minimum; 25' minimum on Evans Ln, E Height' " sterees maxemum Linden Ave, Burley Dr, Chubbuck Rd; 20' minimum other streets-,- treets;n St 4 Maximum Building Height 4 stories maximum; mixed 4 stories maximum; mixed use buildings may be 5 use buildings may be 5 stories if there is at least one full stories if there is at least one full story of residential use story of residential use Parking Structures Maximum 2 levels above Not to exceed ceiling of ground, higher if it doesn't highest floor in adjacent exceed ceiling of highest building floor in adjacent building Ground Floor Ceiling Height 12' minimum 12' minimum Upper Floor Ceiling Height 9' minimum 9' minimum WINDOWS AND TRANSPARENCY Window Orientation — Standard Vertical or horizontal; Vertical 3 — taller than width Openings horizontal windows must be no longer than 10' wide Window configurations — ground Rectangular; accent windows Rectangular; accent windows Floor also allowed also allowed Maximum length of 20' maximum 15' maximum blank/windowless wall along sidewalk or walkway Transparency'—Ground Floor, low to Minimum 3' above sidewalk Minimum 3' above sidewalk high to 8' above sidewalk to 8' above sidewalk Transparency Depth, Ground Floor 15' 8' Transparency Width (Window 50% minimum 75% max 50% minimum 75% max Coverage) Ground Floor Transparency Width (Window 20% minimum 70% max 30% minimum, 70% max Coverage) Upper Floors ARCHITECTURAL FEATURES AND EXTENSIONS Fagade Divisions Minimum every 60' Minimum every 30' Horizontal Expression Line Must be within 3' of 15t floor Must be within 3' of 1't floor ceiling ceiling Cornice Required to delineate top of Required to delineate top of parapets parapets where applicable Clear Space above Sidewalk Nothing allowed over ITD 10' ROW, 10' above city sidewalk Ground Floor Extensions Allowed Awnings, Canopy Awnings, Canopy DESIGN AND FRONTAGE HIGHWAY CORRIDOR VILLAGE 6round Floor Lncroachment into I I D KUW U I; city (side) p to 37 ROW streets up to 3' Upper Floor Extensions Allowed Balcony, Bay Window6, Eave Balcony, Bay Wind ow6, Eave Upper Floor Encroachment ITD ROW 0'; city (side) Up to curb line, maximum 6' streets up to curb line, maximum 6' Sign Extensions into ROW See 18.19.100 See 18.19.100 ADDITIONAL STANDARDS Accessory Structures Allowed in rear yard only Allowed in rear yard only, must be at least 20' from any single-family structure Privacy Walls/Fences for patios, Maximum 72" high, set 10' to Maximum 72" high, set 10' to private areas' 15' from ROW 15' from ROW Utility Meters, Mechanical Located in rear or on roof, or Located in rear or on roof, or Equipment, etc. screened if visible from screened if visible from sidewalk sidewalk Antennas, Satellite Dishes >18" Located in rear or on roof Located in rear or on roof Section 3. Amended 15.24. Section 15.24.010 of Chubbuck Municipal Code is amended follows: 15.24.010. DESIGN AND CONSTRUCTION STANDARDS C. Amendments: Said uniform sign code is hereby amended to read as follows: 1. Section 103(d): Section 103(d) of the code is amended to read as follows: "Sec. 103(d). Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any provision of this ordinance or of this code. Each day that a sign is allowed to remain out of compliance with this ordinance or the code may be deemed a separate violation. Any sign which does not conform to this ordinance or the code is hereby declared to be a nuisance and may be abated as provided in the Chubbuck criminal code as now in effect and as it may hereafter be amended. The city may also seek injunctive relief in a court of competent jurisdiction. In any civil action, the city may request and the court may award the city its costs, including a reasonable attorney fee. Existing nonconforming signs shall be removed within one hundred twenty days after the effective date of this ordinance; provided, that permanent signs lawfully in existence on the effective date of this ordinance may be allowed to remain if within said one hundred twenty day period such signs receive design review approval upon applications properly made under the Chubbuck land use ordinance as now in effect and as it may hereafter be amended. Proposals to place or erect signs after the effective date of this ordinance which do not conform to this ordinance or the uniform sign code may be processed in the same manner as applications for variances under the Chubbuck land use ordinance as now in effect and as it may hereafter be amended." 2. Temporary Signs: Section 1401 of the code is hereby amended to read as follows "Sec. 1401. No temporary sign shall exceed one hundred square feet in area. Temporary signs of rigid material shall not exceed thirty two square feet in area, or six feet in height, nor shall any such sign be fastened or affixed to the ground. A maximum of five temporary signs, other than signs of a political nature, shall be allowed for any business, person or entity at any one time. Any signs of the same or similar type exceeding this limit may be removed by the city without notice or compensation. A permit shall be obtained from the public works director or the director's designee for any temporary sign other than those of a political nature. Upon receiving an application for a permit for temporary signs, the clerk or the clerk's designee shall make the sign regulations available for review by applicant. No sign shall be affixed in any way to any streetlight or power pole, to any street or traffic control sign or to any stop sign. Any signs so affixed may be removed by the city without notice or compensation. Temporary signs may remain in place in any non-residential zone not exceeding sixty days and Provided, however-, that temp -s identifying a speeifie event or- aetivity shall be --te I than ten days before the even4 or- aetivity begins, and removed not later- th five days after- the event or- aetivity has ended. Temper-ar-y signs fef business shall not be replaced by any other temporary sign of the same or similar type Felating to the same or- simil s„i eet matter on the same premises for at least six months sixthdays. Provided, further, that political temporary signs may be erected not earlier than thirty days before the first election in which the candidate or subject of the sign will be considered, and shall be removed not later than five days after the date of the last election that year in which the candidate or subject will be considered. Notwithstanding any other provisions of this section or of this code, signs with electric lighting that are temporary or designed to be portable are prohibited. Temporary signs in residential areas shall not be lighted, nor illuminated by spot lighting." 3. Local Codes: Wherever the uniform sign code refers to a local electrical code or other local code which has not been adopted by the city, such references shall be deemed to be a reference to the applicable code adopted by, or other pertinent provisions of, a statute of the state or regulation duly promulgated by an administrative agency of the state, as now in effect or as they may hereafter be amended. 15.24.020: ADDITIONAL LOCATION, SIZE AND OTHER STANDARDS: A. Location And Size: 1. Signs advertising the sale, lease or rental of premises upon which the sign is located shall not exceed twelve (12) square feet in area, except that in all residential districts, the area of the sign shall not exceed six (6) square feet. A temporary sign permit shall not be required. Such signs in a residential district may be located within the rear, side or front yard setback areas so long as thev do not constitute a safetv hazard or nuisance. 2. On premises wall signs pertaining to valid nonconforming uses or to conditionally permitted uses in residential areas shall not exceed twelve (12) square feet in area. 3. Signs in any residential district denoting the name and address of the occupant(s) of the premises shall not exceed two (2) square feet in area. 4. All other temporM signs shall conform to applicable side, rear and front yard setback and height regulations for the land use district in which they are located; provided, however, that temporary signs not exceeding six (6) square feet in area, and signs in residential areas effer-ing homes for- sale or- lease, and signs in eemmer-eial or- industrial distriets that are integrated into the aesthetie seheme for- the sethaek and have r-eeeived design review approval may be located within the rear, side or front yard setback areas so long as they otherwise comply with applicable provisions of the Chubbuck land use ordinance, as now in effect and as it may hereafter be amended, and they do not constitute a safety hazard or nuisance. Any e porary that exceeds 3 feet in height shall be located no less than 15 feet awav from the nearest street curb(s). 5. All free-standing permanent signs shall conform to aplicable side, rear and front yard setback regulations for the land use district in which they are located, and with other provisions of the Chubbuck Land Use ordinance including Design Review per Section 18.16 of City code. All signs must be located on the property of the business or major activity which it advertises. Off site or off premises signs shall not be permitted. a. Sign i height shall be measured from the ground to the highest portion of the sign. b. The maximum sign height and width permitted in each zone shall be as follows: ZONE HEIGHT, WIDTH TYPE, USE Agricultural (A) 4 feet high, 8 feet wide Monument only Single Family Residential (R-1) 4 feet high, 8 feet wide Monument only Limited Residential (R-2) 4 feet high, 8 feet wide Monument only Limited Residential P (R -2P) 4 feet high, 8 feet wide Monument only General Residential (R-3) 4 feet high, 8 feet wide Monument only Dense Residential (R-4) 4 feet high, 8 feet wide Monument only Limited Commercial (C-1)1 15 feet high, 8 feet wide 4 feet high, 8 feet wide Non-residential uses only Residential uses, monument only General Commercial (C-2 )2 30 feet high, 12 feet wide 4 feet high, 8 feet wide Non-residential uses only Residential uses, monument only Industrial (I) 30 feet high, 12 feet wide Non-residential uses only Planned Unit Development PUD s 30 feet high, 12 feet wide Non-residential uses Mixed use/high density residential 15 feet high, 8 feet wide 4 feet high, 8 feet wide Medium and low-density residential uses, monument only 1 If a non-residential DroDerty in the C-1 zone is adiacent to a residential zone the Bien shall not be internall illuminated. The sign shall either be placed at least 25 feet from the property line, or it may be a monument sign if closer than 25 feet to the property line. Z Signs in the General Commercial (C-2) zone may be allowed up to 60 feet in height near interstate highway exit and entrance ramps under the following conditions. The sign must be within 2,000 feet of the center of the interchange, parallel to the flow of traffic. The sign must be within 100 feet of the interstate highway right-of-way. The sien must be no less than 600 feet from anv other Bien over 45 feet in heieht on the same side of the highway. 'Applies to signs in a Planned Unit Development (PUD) zone or other mixed use district where no height or size limit is defined in an approved development plan and there are no architectural review covenants. 6. To reduce visual clutter and improve safely on city streets, free-standing and monument signs must be separated from other signs by a minimum distance as measured in a straight unless separated by a public street, as follows. SIGN 1, LOCATION SIGN 2, LOCATION SEPARATION' Free-standing, street frontage Free-standing, street frontage 250' apart Free-standing, street frontage Monument, street frontage 100' apart Monument, street frontage Monument, street frontage 125' apart Free-standing, C-2 zone, property interiorz Free-standing, street frontage 250' apart and 100' from ROW Free-standing, C-2 zone, property interiorz Free-standing, C-2 zone, property interior 250' apart Free-standing, C-2 zone, property interiorz Monument, C-2 zone, property 100' apart interior Monument, property interior Monument, property interior 100' apart ' Separation/placement of sign 1 from location of sign 2. Exceptions for sign separation distances may be granted by the Design Review Committee for signs on separate parcels with separate access points. Such exceptions may also limit the height of the sign to less than 30' along a street frontage. I Free-standing signs on the interior of non-residential developments in the General Commercial (C-2) or Industrial (1) zones approved by the Design Review Committee are limited to no greater than 15' in height. The sign face or other decorative features shall be no greater than 8' wide. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city and any provision of the Municipal Code which conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval, and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this /� day of 2023. f Kevin B. England, MAYOR ATTEST: J y owers, CITY CLERK