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HomeMy WebLinkAboutPH #2 City Code Updateslae--- \ CHUBBUCK 1 0 A H 0 PUBLIC WORKS Memo Public Works Department Planning Services 290 E Linden Ave, Chubbuck, ID 83202 Phone 208.237.2430 / 208.239.3252 dmatson@cityofchubbuck.us TO: City of Chubbuck Land Use and Development Commission FROM: Don Matson, Planning Services Manager DATE: October 7, 2025 RE: A petition by City of Chubbuck City staff to update several sections of City Code: Title 15, regarding monument signs; Title 16, updating references to adopted sight triangles; Title 18, regarding new definitions in the title and clarifying or deleting current definitions; clarifying enumeration of land use districts and land uses by district; updating references to sight triangles; updating regulations for zero lot line dwellings; updating existing supplemental controls for particular uses and adding requirements for short term rentals; clarifying requirements and terms for major and minor home occupations; adding a term of approval for a Design Review Clearance; clarifying approval process for a planned unit development; and modifying land use enforcement and repealing certain sections. The application will be reviewed against criteria in section 18.28.050.B.8 of city code. Type of action: Recommendation. (Action Item) BACKGROUND This petition requests updates in several sections of Title 18: Land Use, and one minor update each to Title 15: Buildings and Construction and Title 16: Land Improvement Standards. Most of the changes are either to correct language in Titles 16 and 18 regarding corner sight triangles, or update or add definitions in Chapter 18.06 to correlate better with other parts of the Title. There are also several obsolete sections for deletion and the addition of standards for Short Term Rentals. The most significant addition requested in this ordinance are standards for short term rentals (STR). Per Idaho Statutes STR must be considered residential land uses and allowed anywhere residential uses are allowed. Cities cannot regulate the STR marketplace, but may issue business licenses to help enforce nuisance laws, etc. PETITIONER Public Works Dept, Planning Services 290 E Linden Avenue, Chubbuck, ID 83202 (208) 237-2430 1:J :791167.1111 In the chart below each of the issues addressed in this proposal are described, proposals are listed, and the affected sections of City Code are identified. This a simplified list of the 32 specific changes proposed in the ordinance; instead of listing each change separately they are grouped by issue. Proposals:Issues and .. Monument Signs: The current height limit is 4', however industry 15.24.020 Additional [Sign] Location, Size, standards are 4' tall signs, but they must be on a base to be above and Other Standards landscaping and landscaping equipment. • Proposal: Add a footnote to the sign detail table to clarify that a monument sign may incorporate a sign base no more than 1', with a maximum sign height of 5'. Sight Triangles: Access Management Guidelines were adopted by the 16.12.040 Landscaping City in 2016, which includes updated sight triangles for corners and 18.06.305 Sight Triangle (new) certain driveways. Existing code describes sight triangles that are 18.12.020 Supplemental Yard, Height and simple and ineffective and are out of step with the 2016 Guidelines. Use Controls • Proposal: Delete older dimensions in various sections of code 18.12.030.M Vehicle Sales, Service and and replace them with a reference to the adopted Access Supply Management Guidelines. 18.14.020.F Sight Distance for Landscaping • Proposal: Add a definition of a sight triangle in Chapter 18.06. Adjacent to Public Rights of Way and Points of Access 18.20.100.8 Streetscapes and Sign Standards in PUDs Definitions; Contradictory or Obsolete: Animal care sites are defined 18.06.040 Animal Care Site too broadly and should be addressed through a definition for 18.06.300 Shop Veterinary Services, etc. Shop is confused with store and needs a better definition. • Proposal: Delete 2 definitions and replace with more appropriate language — see below. Definitions; Updates Needed to Certain Definitions: Some are 18.06.080 Childcare Center needed per changes in State law, others are for better 18.06.145 Hotel or Motel management and implementation of City Code. 18.06.150 Household • Proposal: Update or revise 6 definitions in Title 18. 18.06.160 Kennel • Proposal: Rename Vehicle Sales Site to Vehicle Sales, Service and 18.06.240.E Production Building Cluster Supply. Also update the name of a Vehicle Sales Site in section Arrangement 18.12.030.M. 18.06.390 Vehicles Sales, Service and Supply 18.12.030.M Vehicles Sales, Service and Supply Definitions; Clarity is Needed: Some land uses are similar to others, or 18.06.095 Convenience Store a definition is needed for some undefined items that are already in 18.06.195 Machine Shop the Land Use table, Section 18.08.040. 18.06.225 Pet Shop and Supplies • Proposal: Add 7 definitions to Title 18. Some of these definitions 18.06.285 Service Station are borrowed from other cities' ordinances. 18.06.295 Short Term Rental 18.06.305 Sight Triangle 18.06.405 Veterinary Clinic or Hospital 1940�t-\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 2 Proposals:Issues and .. Identification and Purpose of Zones: The Enumeration of Districts 18.08.010.E Highway Corridor (HC) section in Title 18 lists all land use districts/zones in one place so 18.08.010.M Village (V) that the reader can differentiate details between zones. However, the Highway Corridor and Village zones were not put in the section at the time of their creation. • Proposal: Add the purpose statements of both to the section. Land Uses by District/Zone. Vehicle Sales is defined in code, but listed 18.08.040 Schedule of General Controls; at Automotive Sales in the table. Animal Care Site is being replaced Land Uses by District by Veterinary Clinic or Hospital. A Vehicle Repair Site is defined in code but not included in the table. Home occupation licenses are not required in commercial zones, so the table has marked them as not allowed in the C-1, C-2 and I districts — this is confusing since there are dwellings in those zones. • Proposal: Change the names of Automotive Sales and Animal Care Site in the table to Vehicle Sales, Service and Supply and Veterinary Clinic or Hospital. • Proposal: Add Vehicle Repair Site to the table, and a permitted use in the C-2 and I zones. • Proposal: Show Home Occupation Minor and Major as permitted uses in the C-1, C-2 and I zones. Zero Lot Line Construction. Two sections of code are outdated 18.08.042.0 Schedule of General Controls; referring to zero lot line dwellings: twin homes and townhomes. Regulations One refers to them only in the R -2P zone but they are allowed in 18.08.050 Zero Lot Line Residence Waiver other zones. This section and one other discuss a waiver to be approved by the City Council to allow such construction. However, these are now addressed through the platting process, which is approved by City Council, and some also require a Conditional Use Permit approved by the Land Use and Development Commission. • Proposal: Shorten the first section above to delete references to the Council waiver, 18.08.042.C. • Proposal: Delete the second section above pertaining only to the waiver, 18.08.050. Sight Triangles at Railroad Crossings. There are updates proposed to 18.12.020.A Supplemental Yard, Height reference to sight triangles in several sections, including and Use Controls 18.12.020.A. However new standards have not been studied or established for sight triangles at railroad crossings. • Proposal: Separate railroad crossings from intersections standards in code. Animal Care Sites and Veterinary Services. Animal care sites are 18.12.030.N Supplemental Controls for defined too broadly, so the definition was replaced with veterinary Particular Uses clinics and hospitals. B. Veterinary Clinic or Hospital • Proposal: Narrow the standards in this section to apply only to veterinary service locations. 1940�t-\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 3 Proposals:Issues and .. Standards for Short Term Rentals. Idaho Statutes define short term 18.12.030.N Supplemental Controls for rentals as residential land uses and must be allowed wherever Particular Uses residential uses are allowed. Some such businesses have created N. Short Term Rentals (new) nuisances at times. Cities and counties may establish standards to protect the health, safety, and welfare of the community, which includes neighbors to short term rentals. Boise and McCall have well-established codes that meet Idaho Statutes. • Proposal: Add a standards section pertaining to short term rentals in the zoning code, using examples from Boise and McCall ordinances. See discussion below table. Minor Home Occupations. Within the last few years issues have 18.12.032.A Minor Home Occupations cropped up regarding tutoring, training, and instruction as minor home occupations. Minor home occupation standards in code Section 18.12.032.A appear to have been violated in a number of circumstances, including operations without a business license. They include: - "there shall be no ... indications of a home occupation on the premises" - "shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located" - "shall have adequate parking spaces available to compensate for additional parking needs generated" Individual tutoring is a permitted home occupation, but not for more than one student from the same household; they would most likely arrive in the same vehicle and thus have no more impact that a single student. • Proposal: Clarify that individual tutoring means 1 student, or 2 from the same household. • Proposal: Clarify in the list of uses that shall not be permitted includes o On -street parking that may change the character of the neighborhood o Group instruction, tutoring or organized classes o Team instruction or tutoring such as for sports, cheerleading, academics, etc. Major Home Occupations. Recently Idaho Statutes were revised 18.12.032.13 Major Home Occupations concerning daycare licensing and standards, including definitions of different types. As with minor home occupations, clarification is needed that on -street parking can change the character of the neighborhood and that organized classes are limited to 6 students at one time. • Proposal: Change Daycare to Family Daycare Home, in accordance with Idaho Statutes. • Proposal: Clarify that organized classes include training and that no more than 6 students may be on site at any given time. /944�c_\ CHUBBUCK 1 0 0 H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 4 Proposals:Issues and .. Design Review. Most building, development and some land use 18.60.040 Clearance Approval (new) approvals have a sunset or term of approval, expiring in 6 months or a year. This is to ensure that projects meet any standards or conditions that may have changed after its approval. A design review clearance has no such time limit. • Proposal: Add a term of approval for design review clearances. Land Uses in the HC and V Zones. With updates to the land uses by 18.19.070 Land and Building Uses district table in 18.08.040, similar updates are needed for the land uses and building table (Table 19.2) regarding the Chubbuck Village area, Chapter 18.19. • Proposal: Change name of Automotive Sales to Vehicle Sales, Service and Supply, and Animal Care Site to Veterinary Clinic or Hospital. • Proposal: Add Vehicle Repair Site to the table and note as not permitted in either the HC or V zones. Land Use Public Hearings. The administration chapter of Title 18 was 18.20.40.E Procedure of Approval of a PUD; altered in 2021 and 2022 and reduces public hearings for the City Approval or Denial Council which had become redundant. A reference to a second public hearing before the Council regarding the approval of a PUD was not updated. • Proposal: Remove the phrase requiring the Council to hold an additional public hearing when considering a PUD. Enforcement of Title 18 Land Use. Chapter 32, enforcement, includes 18.32.020 Permits and Municipal Services sections for permits and services, criminal penalties and conditional 18.32.040 Criminal Penalties occupancy permits. The permits and municipal services section 18.32.050 Conditional Occupancy Permit mirrors the language for building permits but should not have a reference to the removal of structures under zoning. Criminal penalties are generally not used in Land Use/ Zoning enforcement - civil remedies are more appropriate. Conditional occupancy permits do not exist in building codes. This section of Title 18 relates more to fire protection and law enforcement and should be deleted. • Proposal: Delete reference to removing structures or improvements. • Proposal: Delete the criminal penalty and conditional occupancy permit sections from Title 18. STANDARDS FOR SHORT TERM RENTALS Per the statutes that limit local regulations on STR, local governments "may implement such reasonable regulations as it deems necessary to safeguard the public health, safety and general welfare in order to protect the integrity of residential neighborhoods in which short-term rentals or vacation rentals operate" (Title 67-6539). See Exhibit C. This is the most substantive part of the proposed City Code amendment. 1940�t_\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 5 The standards proposed for STR in Chapter 18.12.030.N are largely borrowed from the cities of Boise' and McCal12; both have more experience in STR standards to safeguard neighborhoods and the public health, safety, and general welfare. The Short-term Rental Regulation Toolkit3 from AirBnB was also consulted in forming this proposal. 1. License: STRs will be required to have a business license, and a separate license for each dwelling unit to be used' 2. 2. Local Representative: STR licensees will maintain a local representative to respond to all license and property issues in a timely manner. Also, STR owners residing out of state must maintain a local representative to accept legal notices on their behalf' -2,3 3. Safety: STRs will provide and maintain functioning fire extinguishers, carbon monoxide detectors, and a smoke detector in every room advertised as a sleeping area'. 4. Property Maintenance: No trash to be within public view, except in proper containers for collection on scheduled trash and recycling collection days; landscaping must be maintained in a neat and tidy appearance; lawns, planting beds, trees, etc. shall not be removed to provide for more parking in the front yard or setback; adjacent public sidewalks shall be maintained per Chubbuck city code, and kept free from snow, ice and debris, etc. 5. Maximum Occupancy: Occupancy must comply with all applicable codes and statutes and shall not exceed the occupancy as listed in any short term rental marketplace2,3. 6. Parking: Parking shall be provided on the property and shall not be in or on the front yard that is not part of the driveway. Guests shall not park vehicles, RVs or trailers, etc. on the street2. 7. Privacy and Impacts to Neighbors: Fencing, screening, and landscaping shall be provided and maintained between the short term rental and neighboring residential land uses2,3. 8. Accessory Dwelling.: Accessory dwelling units that meet all the standards of Chapter 18.10 of this title may be used as a STR2,3 9. Right to Notice: The city may offer a courtesy notice to owners of real property within the standard notice area required for major home occupations as described in Chapter 18.12.032.0 of city code. As a residential land use a STR license is not subject to a conditional use permit or other zoning approval in an existing dwelling, but new construction is subject to zoning approva12,3. ' Chapter 3.22: Short -Term Rentals, https:Hcitycode.cityofboise.org/. 2 Chapter 3.13.09: Standards for Dwelling, Short -Term Rentals, and Chapter 4.13: Short -Term Rental Permits, at https:Hcodelibrary.amlegal.com/codes/mccallid/latest/overview. 3 Short-term Rental Regulation Toolkit, https:Hnews.airbnb.com/policy-toolkit-short-term-rental-regulations. 194�0t\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 6 SIGHT TRIANGLES The sight triangles adopted with the regional Access Management Guidelines create a safer transportation environment than those currently defined in city code. The triangles described in code are simple shapes and not adjusted for conditions such a curve in the roadway, sidewalks, planter strips, etc. Sight Triangles Described in Code Street 2 Right -ot-Way Line E - - - - - - - 4a' - - - - - - F 75' Right of -Way Line Tr / T / nDriveway y Sight Triangle 3 / a � w , y � The adopted triangle dimensions in the Access Management Guidelines are based on research from two sources. Specifically, each triangle is based on the speed and width of the roadway the driver will enter, measured from the curb vs. the Right -of -Way line, and the position of the driver 15' behind the curb and in the center of the lane where she/he is located. Adopted Triangle per Access Management Guidelines Black shows the adapted requirement for vision to the left, at 25 mph on a 2 -lane street. Red illustrates triangle current description throughout code, dashed line shows extent of sight clearance. 280, -- ------ -- ------------ ------__--------------------------------------------------------- ------ -- ---- -- ------ -- ---- -- ---- -- -- -- -- in Th -L d Curb I I Curb - biaewaiK - r rontage Landscaping Right -of -Way Line I The extended vision provided by the adopted triangle has enhanced safety in each place it has been implemented. It is used both for building and fence locations and in landscaping requirements. (Shrubs and fences must be below 3', trees are to be pruned up to 10' above ground.) The standards apply both to intersections and to commercial/multi-family driveways. IgZe-'\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 7 APPLICABLE LAWS AND PLANS 1. Chubbuck 2045: Comprehensive Plan 2. Chubbuck City Code, specifically: • Chapter 16.12.025 BTPO Access Management Guidelines adopted by the City in 2016. • Chapter 18.28.010.0 Notices of the hearing provided in accordance with City Code. • Chapter 18.28.050.B.8 Standards for approving a title text or map amendment. 3. Idaho Statute 63-18: Short -Term or Vacation Rental Marketplaces 4. Idaho Statute 67-6511: Local Land Use Planning; Zoning Ordinance 5. Idaho Statute 67-6539: Limitations on Regulation of Short -Term Rentals and Vacation Rentals 6. A code amendment applies to a large area or the entire city and is a legislative action, not quasi-judicial. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT: The standards for approving a title 18 Text Amendment are identified in Chubbuck City Code, Chapter 18.28.050.B.8. CRITERIA A — COMMUNITY The proposed text amendment would be in the community's best interest.- The nterest. The proposed change brings the Chapter in better alignment with existing community conditions and accounts for additional city standards not identified in the Chapter. CRITERIA B — CONSISTENCY The proposed text amendment is consistent with the existing provisions of the zoning ordinance. The proposed amendments do not conflict with the existing provisions of the zoning ordinance but enhance the code for clarity, provide better alignment with existing conditions, and strengthen or introduce standards for certain uses that may create nuisances. CRITERIA C — COMPLIANCE The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. Upon review staff finds no conflict with Chubbuck 2045: Comprehensive Plan (available on the city website at cityofchubbuck.us b CommUNITY b Comprehensive Plan Update). The proposal enhances the adopted zoning text and furthers community goals and strategies in the Comprehensive Plan. RECOMMENDATION Based on the evidence and analysis above, staff finds that the draft code amendments satisfy the criteria necessary to recommend approval of the text amendment. A. The proposed amendments would be in the community's best interest. /944�c_\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 8 B. The proposed amendments are consistent with the existing provisions of the zoning ordinance. C. The proposed amendments are generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. EXHIBITS 1. Draft Ordinance with Underline/ Strikeout 2. Draft Ordinance Text Incorporating all Changes 3. Idaho Statutes Related to Short Term Rentals a. Idaho Statute 63-18: Short -Term or Vacation Rental Marketplaces b. Idaho Statute 67-6511: Local Land Use Planning; Zoning Ordinance c. Idaho Statute 67-6539: Limitations on Regulation of Short -Term Rentals and Vacation Rentals REPORT: Don Matson, MSP I AICP Information and comments in this report Planning Manager are based solely upon evidence available at dmatson@cityofchubbuck.us 1 (208) 239-3252 the time of the report. Additional information may be brought to light at or DATE: October 7, 2025 before the hearing. /944�c_\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.325 / www.CityofChubbuck.us Page 9 CITY OF CHUBBUCK ORDINANCE No. A PETITION BY CITY OF CHUBBUCK CITY STAFF TO UPDATE SEVERAL SECTIONS OF CITY CODE: TITLE 15, REGARDING MONUMENT SIGNS; TITLE 16, UPDATING REFERENCES TO SIGHT TRIANGLES; TITLE 18, REGARDING NEW DEFINITIONS IN THE TITLE AND CLARIFYING OR DELETING CURRENT DEFINITIONS; CLARIFYING ENUMERATION OF LAND USE DISTRICTS AND LAND USES BY DISTRICT; UPDATING REFERENCES TO SIGHT TRIANGLES; UPDATING REGULATIONS FOR ZERO LOT LINE DWELLINGS; UPDATING EXISTING SUPPLEMENTAL CONTROLS FOR PARTICULAR USES AND ADDING REQUIREMENTS FOR SHORT TERM RENTALS; CLARIFYING REQUIREMENTS AND TERMS FOR MAJOR AND MINOR HOME OCCUPATIONS THAT ARE PERMITTED AND NOT PERMITTED; ADDING A TERM OF APPROVAL FOR A DESIGN REVIEW CLEARANCE; CLARIFYING APPROVAL PROCESS FOR A PLANNED UNIT DEVELOPMENT; AND MODIFYING LAND USE ENFORCEMENT AND REPEALING CERTAIN SECTIONS. TITLE 15.24, SIGN REGULATIONS, CLARIFYING THE HEIGHT LIMIT FOR MONUMENT SIGNS; TITLE 16.12.040, LANDSCAPING, UPDATING REFERENCE TO ADOPTED SIGHT VISION TRIANGLES AT INTERSECTIONS AND DRIVEWAYS; TITLE 18.06, DEFINITIONS, REPEALING THE DEFINITIONS OF AN ANIMAL CARE SITE AND A SHOP, AND ADDING DEFINITIONS OF CONVENIENCE STORE, MACHINE SHOP, PET SHOP AND SUPPLIES, SERVICE STATION, SHORT TERM RENTAL AND SIGHT TRIANGLE, AND REVISING DEFINITIONS OF A CHILDCARE CENTER, HOUSEHOLD, KENNEL, PRODUCTION BUILDING CLUSTER ARRANGEMENT AND VEHICLE SALES SITE; TITLE 18.08.010, ENUMERATION OF DISTRICTS, ADDING THE HIGHWAY CORRIDOR AND VILLAGE ZONES; TITLE 18.08.040, SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICT, RENAMING AUTOMOTIVE SALES TO VEHICLE SALES AND SERVICE, REPLACING ANIMAL CARE SITE WITH VETERINARY CLINIC OR HOSPITAL, ADDING VEHICLE REPAIR SITE AND CLARIFYING THAT HOME OCCUPATIONS ARE PERMITTED IN COMMERCIAL ZONES; TITLE 18.08.042, SCHEDULE OF GENERAL CONTROLS; REGULATIONS, REVISING SETBACK REQUIREMENTS TO PERTAIN ONLY TO ZERO LOT LINE RESIDENCES; 18.08.050, ZERO LOT LINE RESIDENCE WAIVER, DELETING THE SECTION; TITLE 18.12.020, SUPPLEMENTAL YARD, HEIGHT, AND USE CONTROLS, UPDATING REFERENCE TO ADOPTED SIGHT VISION TRIANGLES AT INTERSECTIONS AND DRIVEWAYS AND CLARIFYING SIGHT TRIANGLES AT RAILROAD CROSSINGS; TITLE 18.12.030, SUPPLEMENTAL CONTROLS FOR PARTICULAR USES, REPLACING ANIMAL CARE SITES WITH VETERINARY CLINIC OR HOSPITAL, REVISING NAME OF VEHICLE SALES SITE AND UPDATING REFERENCE TO ADOPTED SIGHT VISION TRIANGLES AT INTERSECTIONS AND DRIVEWAYS, AND ESTABLISHING STANDARDS FOR SHORT TERM RENTALS; TITLE 18.12.032, SUPPLEMENTAL CONTROLS FOR HOME OCCUPATIONS, EXPANDING THE DEFINITION OF INDIVIDUAL TUTORING TO INCLUDE TWO (2) STUDENTS FROM THE SAME HOUSEHOLD, AND CHANGING THE TERM DAYCARE TO FAMILY DAYCARE HOME TO CONFORM WITH STATE LAW, AND CLARIFYING THAT ON -STREET PARKING MAY CHANGE OR CHANGE THE CHARACTER OF THE NEIGHBORHOOD, AND CLARIFYING THAT GROUP OR TEAM INSTRUCTION OR TUTORING SHALL NOT BE PERMITTED AS MINOR HOME OCCUPATIONS AND CLARIFYING THE NUMBER OF STUDENTS IN AN ORGANIZED CLASS THAT MAY BE ON SITE AT ANY GIVEN TIME; TITLE 18.12.040, MISCELLANEOUS SUPPLEMENTAL CONTROLS, UPDATING REFERENCE TO ADOPTED SIGHT VISION TRIANGLES AT INTERSECTIONS AND DRIVEWAYS; TITLE 18.14.020 LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFF STREET PARKING AND OTHER VEHICULAR USE AREAS, UPDATING REFERENCE TO ADOPTED SIGHT VISION TRIANGLES AT INTERSECTIONS AND DRIVEWAYS; TITLE 18.16.040, CLEARANCE APPROVAL, ADDING A TERM OF APPROVAL FOR ONE YEAR AND UPDATING REFERENCE TO ADOPTED SIGHT VISION TRIANGLES AT INTERSECTIONS AND DRIVEWAYS; TITLE 18.19.070, LAND AND BUILDING USES, TABLE 19.2, RENAME AUTOMOTIVE SALES TO VEHICLE SALES AND SERVICE, RENAME ANIMAL CARE SITE TO VETERINARY CLINIC OR HOSPITAL AND ADD VEHICLE REPAIR SITE TO THE TABLE AS NOT PERMITTED IN EITHER THE HC OR V DISTRICTS; TITLE 18.20.040, PROCEDURE FOR APPROVAL OF A PUD, REMOVE OUTDATED REFERENCE TO THE CITY COUNCIL HOLDING A PUBLIC HEARING WITH A REVIEW OF THE PUD PROPOSAL; TITLE 18.20.100, STREETSCAPES AND SIGN STANDARDS IN PUDS, ADDING A REFERENCE TO ADOPTED SIGHT VISION TRIANGLES AT INTERSECTIONS AND DRIVEWAYS; TITLE 18.32.020, PERMITS AND MUNICIPAL SERVICES, DELETE REFERENCE TO THE REMOVAL OF STRUCTURES; TITLE 18.32.040, CRIMINAL PENALTIES, REPEALING THE SECTION; AND TITLE 18.32.050, CONDITIONAL OCCUPANCY PERMIT, REPEALING THE SECTION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended 15.24. Section 15.24.020 of Chubbuck Municipal Code is amended as follows: 15.24.020. ADDITIONAL LOCATION, SIZE, AND OTHER STANDARDS: A. Location and Size: 5. All free-standing permanent signs shall conform to applicable 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 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 HEIGH HEIGHT4, 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 (1) 30 feet high, 12 feet wide Non-residential uses only Planned Unit Development (PUD)3 30 feet high, 12 feet wide 15 feet high, 8 feet wide 4 feet high, 8 feet wide Non-residential uses Mixed use/high density residential Medium and low- density residential uses, monument only 1 If a non-residential property in the C -I zone is adjacent to a residential zone the sign shall not be internally 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. 2 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 sign must be no less than 600 feet from any other sign over 45 feet in height on the same side of the highway. 3 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. 4. Monument signs may incorporate a sign base no more than one foot (I') above ground level, for a maximum total sign height of five feet (5'). Section 2. Amended 16.12. Section 16.12.040 of Chubbuck Municipal Code is amended as follows: 16.12.040: LANDSCAPING: A. The adjacent landowner shall landscape and maintain all areas within the street right of way, not covered by pavement, curb, gutter or pedestrian walk. Trees and shrubs higher than three feet (3') from the sur -fee of t' ground shall not be planted or allowed to grow within feet (nn') of the street into-seetio en a eemer- l e+. the dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. Section 3. Amended 18.06. Section 18.06.040 of Chubbuck Municipal Code is deleted: Section 4. Amended 18.06. Section 18.06.080 of Chubbuck Municipal Code is amended as follows: 18.06.080: CHILDCARE CENTER: al! of the twefAy �� (24) houf day, to five (5). or- more per -sons iinder- the age of eighteen (19) years not felated by bleed, adeptie . - a, to the ewaef, tenant ef manager- ef the premises. providing ear -e for- ehildr-en dufing the day or- night; but does not inelude sehools tha4 hav-e rveeived eonditional o o.. its u ndef this fide Any place, home, structure or location where child care and supervision are provided for compensation, and which includes a "daycare" as that term is defined in Idaho Code 39-1102(3), a "daycare center" as that term is as defined in Idaho Code 39-1102(4), a "daycare facility" as that term is defined in Idaho Code 39-1102(5 a "group daycare facility" as that term is defined in Idaho Code 39-1102(9). A "family daycare home" as that term is defined in Idaho Code 39-1102(8) shall not be considered a Childcare Center for purposes of Title 18 of the Chubbuck City Code. Section 5. Amended 18.06. Section 18.06.095 of Chubbuck Municipal Code is added as follows: 18.06.095: CONVENIENCE STORE: A retail business establishment that primarily. s�gasoline, a limited line of groceries and auto - related products, and prepackaged food items. It may be co -located with another business such as a restaurant or truck stop. This definition does not include a business where there is no retail floor space accessible to the public. Section 6. Amended 18.06. Section 18.06.145 of Chubbuck Municipal Code is amended as follows: 18.06.145: HOTEL OR MOTEL: ... .. . Section 4. Amended 18.06. Section 18.06.080 of Chubbuck Municipal Code is amended as follows: 18.06.080: CHILDCARE CENTER: al! of the twefAy �� (24) houf day, to five (5). or- more per -sons iinder- the age of eighteen (19) years not felated by bleed, adeptie . - a, to the ewaef, tenant ef manager- ef the premises. providing ear -e for- ehildr-en dufing the day or- night; but does not inelude sehools tha4 hav-e rveeived eonditional o o.. its u ndef this fide Any place, home, structure or location where child care and supervision are provided for compensation, and which includes a "daycare" as that term is defined in Idaho Code 39-1102(3), a "daycare center" as that term is as defined in Idaho Code 39-1102(4), a "daycare facility" as that term is defined in Idaho Code 39-1102(5 a "group daycare facility" as that term is defined in Idaho Code 39-1102(9). A "family daycare home" as that term is defined in Idaho Code 39-1102(8) shall not be considered a Childcare Center for purposes of Title 18 of the Chubbuck City Code. Section 5. Amended 18.06. Section 18.06.095 of Chubbuck Municipal Code is added as follows: 18.06.095: CONVENIENCE STORE: A retail business establishment that primarily. s�gasoline, a limited line of groceries and auto - related products, and prepackaged food items. It may be co -located with another business such as a restaurant or truck stop. This definition does not include a business where there is no retail floor space accessible to the public. Section 6. Amended 18.06. Section 18.06.145 of Chubbuck Municipal Code is amended as follows: 18.06.145: HOTEL OR MOTEL: A commercial facility, excluding tempefafy vaeation short term rentals, which offers temporary lodging accommodations on a daily rate to the general public (for stays of generally thirty (30) days or less) and which provides daily housekeeping service, including clean linens. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee. If a room is occupied by a guest for more than thirty (30) consecutive days and is the sole residence of the guest, then occupancy is not temporary, and does not qualify as a hotel or motel, except in cases of natural disasters such as fires or floods. Section 7. Amended 18.06. Section 18.06.150 of Chubbuck Municipal Code is amended as follows: 18.06.150: HOUSEHOLD: A. One or more persons living together as a single economic and housekeeping unit. B. Any residence in which eight (8) or fewer unrelated persons with disabilities or elderly_ persons reside and who are supervised at the group residence in connection with their disability or age related infirmity. Professional and other service providers may visit and treat residents, but non-residents shall not visit the home for professional care or other services Section 8. Amended 18.06. Section 18.06.160 of Chubbuck Municipal Code is amended as follows: 18.06.160: KENNEL: A. Hobby Kennel: Any location other than a veterinary clinic or hospital, the animal shelter or a commercial kennel, where three (3) or more dogs over four (4) months of age are kept. B. Commercial Kennel: 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 clinic or hospital, or the animal shelter, where dogs are received for boarding and/or care. Section 9. Amended 18.06. Section 18.06.195 of Chubbuck Municipal Code is added as follows: 18.06.195: MACHINE SHOP: A location where lathes, grinders, presses, shapers and other wood- and metal -working machines are used such as blacksmith, welding, and sheet metal shops; and plumbing, heating, and electrical repair shops. Section 10. Amended 18.06. Section 18.06.225 of Chubbuck Municipal Code is added as follows: 18.06.225 PET SHOP AND SUPPLIES: A business, licensed pursuant to Title 5, Chapter 5.04 of this code which has as its primary source of revenue the sale of pets and pet supplies. Section 11. Amended 18.06. Section 18.06.240.E of Chubbuck Municipal Code is amended as follows: 18.06.240.E: PRODUCTION BUILDING CLUSTER ARRANGEMENT: A subdivision, park, court or other area that. 1. is is intended for residential use where residence is in production buildings exclusively and which is constructed, built and maintained in conformance with subsection 18.12.030 of this title , regardless of whethef said subdivision, paF4E, eetH4 or- a-Fea was or- is eenstfueted, built or- maintained-4in r f ,., ia-nee with s-abseetion 19. 12.03 0 ,.fthis title Section 12. Amended 18.06. Section 18.06.285 of Chubbuck Municipal Code is added as follows: 18.06.285: SERVICE STATION: A business where routine automotive servicing and parts replacement are performed including, but not limited to vehicle lubrication, motor tuning, washing waxing and polishing, electric vehicle charging, and sales and service of tires, batteries and other automobile accessories. A service station shall not include tire recapping, sale or rebuilding of engines, battery manufacture or rebuilding, radiator repair, steam clean, body repairs, painting, upholstery, or other similar actions or services. Section 13. Amended 18.06. Section 18.06.295 of Chubbuck Municipal Code is added as follows: 18.06.295: SHORT TERM RENTAL: Any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or owner -occupied residential home that is offered for a fee and for thirty (30) days or less, also known as a vacation rental, bed and breakfast, etc. It does not include a tent, recreational coach, motor home, camper, hotel, motel, hospital, yurt or nursing home, nor a unit that is used for any retail, restaurant, banquet space, event center or another non-residential or similar use. A short-term rental is considered a residential use and follows the same Residential Dwelling requirements and controls in this Title. See also Idaho Code §63-1803. Section 14. Amended 18.06. Section 18.06.300 of Chubbuck Municipal Code is deleted: ser�rsse�e�eer.��_ . � .eersr_*:�r.�r�Ts�■ Section 15. Amended 18.06. Section 18.06.305 of Chubbuck Municipal Code is added as follows: 18.06.305: SIGHT TRIANGLE: A triangular area at an intersection or driveway where obstructions must be limited to enhance safety by ensuring visibility for drivers, cyclists and pedestrians. No obstructions such as structures, parking, utility boxes or vegetation shall be permitted in between the heights of three (3) feet and ten (10) feet above the curb level. Also known as a line of sight or corner vision triangle. Dimensions for sight triangles at different intersections and driveways are defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. Section 16. Amended 18.06. Section 18.06.390 of Chubbuck Municipal Code is amended as follows: 18.06.390: VEHICLE SALES. SERVICE AND SUPPLY -SITE: Any location where automobiles, trucks, trailers, campers and other vehicles, mobile equipment or appurtenances thereof, are sold or rented, and where services are provided as described for a Service Station in 18.06.285, and no other work is performed on said items except ,,,.,mal preparation for display or shipment, etc. Section 17. Amended 18.06. Section 18.06.405 of Chubbuck Municipal Code is added as follows: 18.06.405: VETERINARY CLINIC OR HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment and care of diseased or injured animals, including the boarding of animals under the care of the veterinarian. Section 18. Amended 18.08. Section 18.08.010 of Chubbuck Municipal Code is amended as follows: 18.08.010: ENUMERATION OF DISTRICTS: L. Highway Corridor (HC): The purpose of this district is to provide an enhanced location for a broad variety of businesses with highway frontage serving local and regional markets. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Standards include city street requirements for the Chubbuck Village area creating commonalities shared between the Highway Corridor and Village zones. M. Village (W The purpose of this district is to provide a mixed-use environment that serves as an urban meeting space focused on pedestrian activity. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Commercial, civic, and medium to high density residential uses are allowed throughout the district. Standards include street requirements for the Chubbuck Village area creating commonalities shared between the Village and Highway Corridor zones. Section 19. Amended 18.08. Section 18.08.040 of Chubbuck Municipal Code is amended as follows: 18.08.040: SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS: Section 20. Amended 18.08. Section 18.08.042 of Chubbuck Municipal Code is amended as follows: 18.08.042. SCHEDULE OF GENERAL CONTROLS; REGULATIONS: C. Sethaeks Lot Size and Setbacks for Zero Lot Line Residential Dwellings: Seth, eke f , zefe lot line fesidenee or- a single family r-esidenee in an R 2P zone shall be the same as that of the land use dist-r-iet within whieh the development lies exeept the The minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback LAND USE DISTRICTS LAND USES A R-1 R-23 R-3 R-4 C-1 C-2 I Commercial retail: Automotive egos Vehicle sales, service and supply X X X X X C P P Commercial services: A.,nary clinic or hospital C X X X X X C P Vehicle repair site X X X X X X P P Residential: Home Occupation Minor Pi Pi Pi Pi Pi XP XP XP Home Occupation Major Pi Pi Pi Pi Pi X P X P X P Section 20. Amended 18.08. Section 18.08.042 of Chubbuck Municipal Code is amended as follows: 18.08.042. SCHEDULE OF GENERAL CONTROLS; REGULATIONS: C. Sethaeks Lot Size and Setbacks for Zero Lot Line Residential Dwellings: Seth, eke f , zefe lot line fesidenee or- a single family r-esidenee in an R 2P zone shall be the same as that of the land use dist-r-iet within whieh the development lies exeept the The minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback may be zero and the other side yard setback may be a minimum of ten feet (10'). ffeestanding single family home in an R 2P zone or- on a zer-e lot line s4divisien where a wai has been granted. Section 21. Amended 18.08. Section 18.08.050 of Chubbuck Municipal Code is deleted: Section 22. Amended 18.12. Section 18.12.020 of Chubbuck Municipal Code is amended as follows: 18.12.020: SUPPLEMENTAL YARD, HEIGHT AND USE CONTROLS: A. Visibility At Intersections: On a corner lot it shall be the responsibility of the owner of real property to remove from property any hedge, shrubbery, fence, wall or other sight obstructions of any nature except buildings where these sight obstructions constitute a traffic hazard. No owner shall erect, place, plant or allow any object to be so put so as to constitute a sight obstruction. The above sight obstructions shall not extend more than three feet (3') in height above the existing centerline road elevation within the dimensions of the correspondine sicht triancle as defined in the adopted Access Manacement Guidelines per Title 16.12.025: Access Mana eg ment. vision triangle of ve iele operators. The betind ries ^�*'�� vision triangle being defined by measuring from the inter -section of the edges of two (2) adja r-eadwa�,s feFt�, feet (40') along eaeh feadway a -ad eet+aeeting the two (2) points with a stfai& line. Th sight distance obstruetien is also appheable to railroad highway grade er-essings with the vision triangle - defined b, ,Y, — f fty root (40') .,long the railroad p pet4-, lino A sight vision triangle is also applicable to railroad highway grade crossings with the triangle being defined by measuring from the point of intersection of the highway right of way and the railroad right of way fogy(40, feet along each right of way, and connecting the two (2) points with a straight �. . . LMILE&IR1051 J . �.N• Section 22. Amended 18.12. Section 18.12.020 of Chubbuck Municipal Code is amended as follows: 18.12.020: SUPPLEMENTAL YARD, HEIGHT AND USE CONTROLS: A. Visibility At Intersections: On a corner lot it shall be the responsibility of the owner of real property to remove from property any hedge, shrubbery, fence, wall or other sight obstructions of any nature except buildings where these sight obstructions constitute a traffic hazard. No owner shall erect, place, plant or allow any object to be so put so as to constitute a sight obstruction. The above sight obstructions shall not extend more than three feet (3') in height above the existing centerline road elevation within the dimensions of the correspondine sicht triancle as defined in the adopted Access Manacement Guidelines per Title 16.12.025: Access Mana eg ment. vision triangle of ve iele operators. The betind ries ^�*'�� vision triangle being defined by measuring from the inter -section of the edges of two (2) adja r-eadwa�,s feFt�, feet (40') along eaeh feadway a -ad eet+aeeting the two (2) points with a stfai& line. Th sight distance obstruetien is also appheable to railroad highway grade er-essings with the vision triangle - defined b, ,Y, — f fty root (40') .,long the railroad p pet4-, lino A sight vision triangle is also applicable to railroad highway grade crossings with the triangle being defined by measuring from the point of intersection of the highway right of way and the railroad right of way fogy(40, feet along each right of way, and connecting the two (2) points with a straight Section 23. Amended 18.12. Section 18.12.030 of Chubbuck Municipal Code is amended as follows: 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: B Animal a Cafe fe Sites Veterinary Clinic or Hospital: 2. Will comply with all state and local regulations relative to such an operation and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor. M. Vehicle Sales, Service and Supply Sites: Vehicle sales sites shall be operated and maintained in compliance with the following standards: 1. A minimum distance of three feet (3') shall be maintained between vehicles displayed for sale. 2. No vehicles shall be parked within the dimension of a s & tFiangle defined in ubseetio 18. i n 02OF of this title. dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. 3. Vehicles offered for sale shall be displayed in an orderly manner and be kept clean and display an appearance of being operable. N. Short Term Rentals: 1. License: All short term rentals within the City of Chubbuck shall operate with a valid business license issued by the City. A short term rental license is valid for only one residential dwelling unit identified in the license application. An owner of such dwelling unit shall file a separate application and obtain a separate license for each dwelling unit to be used as a short term rental. 2. Local Representative: All short term rental licensees shall designate and maintain a local representative who shall respond to all license and property issues in a timely manner. Any short term rental owner who resides outside the state of Idaho must maintain a local representative who is authorized to accept legal notices on the owner's behalf. 3. Safety: All short term rentals shall provide and maintain functioning fire extinguishers, carbon monoxide detectors, and a smoke detector in every room advertised as a sleeping area. 4. Property Maintenance: No trash or other refuse shall be left stored within public view, except in proper containers for collection on scheduled trash and recycling collection dam Landscaping must be maintained in a neat and tidy appearance at all times. Lawns, planting beds, trees, etc. shall not be removed to provide for more parking in the front yard or setback of the rental unit(s). Adjacent public sidewalks shall be maintained, per Chubbuck city code, and keit free from snow, ice and debris, etc. 5. Maximum Occupancy: Occgpancy must comply with all applicable codes and statutes and shall not exceed the occupancy as listed in any short term rental marketplace. 6. Parking: All parking shall be provided on the property on hard surface spaces. Standard driveway maximum widths shall be the norm. Parking shall not be in or on the front yard that is not part of the driveway. Guests shall not park vehicles, RVs or trailers, etc. on the street. 7. Privacy and Impacts to Neighbors: Fencing, screening, and landscaping shall be provided and maintained between the short term rental and neighboring residential land uses. 8. Accessory Dwelling: Accessory dwelling units that meet all the standards of Chapter 18.10 of this title may be used as a short term rental. 9. Right to Notice: The city of Chubbuck may offer a courtesy notice to owners of real property within the standard notice area required for major home occupations as described in Chapter 18.12.032.0 of this Title. As a residential land use a short term rental license is not subject to a conditional use permit or other zoning approval in an existing dwelling; construction of all new housing including short term rentals are subject to zoning approval. Section 24. Amended 18.12. Section 18.12.032 of Chubbuck Municipal Code is amended as follows: 18.12.032: SUPPLEMENTAL CONTROLS FOR HOME OCCUPATIONS: The following apply for home occupations: A. Minor Home Occupations: The following regulations shall apply to all minor home occupations: 14. Permitted minor home occupations, providing the above regulations are met, include, but are not necessarily limited to, the following: Artists and sculptors. Authors and composers. Catering, preserving and cooking for sale off site. Home crafts for sale off site. Individual instrument instruction provided that no instrument may be amplified. Individual tutoring of one (1) student, or two (2) students from the same household. Office facility of a salesman, sales representative or manufacturer's representative or professional provided that no transactions are made in person on the premises. Telephone solicitation work. 15. The uses specified below shall not be permitted as minor home occupations: All uses prohibited as major home occupations. Any use which changes or may change the character of the neighborhood, including on- street parking. Barbershop. Beauty parlors. Carpentry work. Dance instruction. Dental offices. Group instruction, tutoring or organized classes. Medical offices. Minor or major auto repair. Painting of vehicles, trailers or boats. Photo developing or photo studios. Private schools with organized classes. Small engine repairs. Team instruction or tutoring, such as for sports, cheerleading, academics, etc. Television repair. Upholstering. Welding shop. Other similar uses. B. Major Home Occupations: The following regulations shall apply to all major home occupations: 11. Permitted major home occupations, provided the above regulations are met, shall include, but are not necessarily limited to, the following: Any use allowed as a minor home occupation. Dayear-e. Dressmaking. Family Daycare Home. Organized training or classes with up to six (6) studen4s at one time no more than six (6) students on site at any given time. Photo developing and photo studios. Single chair beauty parlors and barbershops. Small engine repairs, excluding major automobiles, motorcycles and snowmobiles. Television and other electrical repairs excluding major appliances such as refrigerators or storage. Trained massage therapists. Upholstering. Woodworking excluding cabinetmaking. 12. The uses specified below shall not be permitted as home occupations: Any use which changes or tends to change the character of the neighborhood, including on -street parking. Catering. Funeral chapel or home. Gift shop. Massage parlors. Medical or dental clinic. Minor or major auto repair, painting of vehicles, trailers or boats. Rental businesses. Welding or machine shops Section 25. Amended 18.14. Section 18.14.020 of Chubbuck Municipal Code is amended as follows: 18.14.020: LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFF STREET PARKING AND OTHER VEHICULAR USE AREAS: F. Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of Access: When an accessway intersects a public right of way or when the subject property abuts the intersection of two (2) or more public rights of way, all landscaping within the dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Manage ment *angina a���« shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10') high; provided, however, trees or foliage extending into the cross visibility area shall be allowed, provided, they are so located so as not to create a traffic hazard. Landscaping exeept required grass or ground eover shall not be loeated eloser than three feet (Y) ftotn the edge- of afty aeeessway pavement. The tr4angul a-Feas above r-efeffed to are: Section 26. Amended 18.16. Section 18.16.040 of Chubbuck Municipal Code is amended as follows: 18.16.040: CLEARANCE APPROVAL: L Unless a longer time shall be specifically established as a condition of approval, a Design Review Clearance shall lapse and become automatically void one (1) calendar year following the date on which such clearance became effective, unless prior to expiration the use has commenced, and all conditions of the permit are satisfied. Section 27. Amended 18.19. Section 18.19.070 of Chubbuck Municipal Code is amended as follows: 18.19.070: LAND AND BUILDING USES Table 19.2: Land and Building Uses LAND USE DISTRICTS W. INNI 'm m. mo 11110 eilmml .. Commercial retail: Automotive colo Vehicle sales, service and supply Section 26. Amended 18.16. Section 18.16.040 of Chubbuck Municipal Code is amended as follows: 18.16.040: CLEARANCE APPROVAL: L Unless a longer time shall be specifically established as a condition of approval, a Design Review Clearance shall lapse and become automatically void one (1) calendar year following the date on which such clearance became effective, unless prior to expiration the use has commenced, and all conditions of the permit are satisfied. Section 27. Amended 18.19. Section 18.19.070 of Chubbuck Municipal Code is amended as follows: 18.19.070: LAND AND BUILDING USES Table 19.2: Land and Building Uses LAND USE DISTRICTS LAND USES HC I V Commercial retail: Automotive colo Vehicle sales, service and supply X X Commercial services: Animal Coro c+o Veterinary clinic or hospital P P Vehicle repair site X X Section 28. Amended 18.20. Section 18.20.040 of Chubbuck Municipal Code is amended as follows: 18.20.040: PROCEDURE FOR APPROVAL OF A PUD: E. Approval Or Denial: 1. Within sixty (60) days after receipt of the application, the Commission shall hold a public hearing and review the PUD Zone and MDP proposal, and recommend to the Council whether the PUD Zone and the MDP be approved as presented, approved with supplementary conditions or disapproved. The Commission shall then transmit all files constituting the record and the recommendation to the Council. 2. Within sixty (60) days after receipt of the recommendation of the Commission, the Council shall hold a publie hearing and review the PUD Zone and MDP and approve, approve with supplementary conditions or deny said plan. Upon granting or denying the application, the Council shall specify: a. The ordinance and standards used in evaluating the application. b. The reasons for approval or denial. Section 29. Amended 18.20. Section 18.20. 100 of Chubbuck Municipal Code is amended as follows: 18.20.100: STREETSCAPES AND SIGN STANDARDS IN PUDS: B. Landscape And Parking Strips: Landscape strips between sidewalks or streets and fences or walls, and parking strips between sidewalks and streets, shall be landscaped, and shall be maintained by the Home- or Business Owners Association. 1. Two (2) trees from the approved street tree list and four (4) shrubs shall be required within the landscape strip for every seventy-five (75) linear feet, or fraction thereof. If the sidewalk is separated from the street by a drainage swale, the required street trees may be planted on either side of the sidewalk. Shrubs shall be planted away from the street. All landscapes within the dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10') high; provided, however, trees or foliage extending into the cross visibility area shall be allowed, provided, they are so located so as not to create a traffic hazard. Section 30. Amended 18.32. Section 18.32.020 of Chubbuck Municipal Code is amended as follows: 18.32.020: PERMITS AND MUNICIPAL SERVICES: The city will not issue permits to build, install, or repair er- remove any structures or improvements upon lands governed by this title, nor will the city furnish water, sewer or sanitation services to any structure or for any land uses, which constitute violations within the meaning of section 18.32.010 of this chapter. Section 31. Amended 18.32. Section 18.32.040 of Chubbuck Municipal Code is deleted: Section 32. Amended 18.32. Section 18.32.050 of Chubbuck Municipal Code is deleted: •- INIIIIII.- I N. - MN MILD .. M IM No combustible 4. No .,1,..,1,olie i..eyer-ages or- flammable shall solids,3. liquids, be so ,e or gases , allowed „ shall .,her be allowed -e o the anywhere in the eft G. Employment Of Emer-geney been allowed bttt fof the Per-sofifiel: pr-ovisioiis of this Dur-ing any period > the eity shall, of subjeet time that to a e0fiditional feifflbtir-semeiit by owner as hereinafter set 1. Fife forth, pfovide poliee and fire proteetion personnel, as follows: pr-oteetion per-sofifiel.: a. One member- of the voltinteef fife depar-ttneR4 (hefeinafter- " " ) shall be sta4ioned a4 eaeh fflajor- &EA, whieh is defined fof pur-poses of this seetion as being aiiy exit for-ty eigh inehes (n4 ') „ more in b.One fireman width. be three (2) shall e. Regardless of the the premises at all times, d. All fir-emen assigned required numbef of to the per major and pfefflises minor exits. minot! exits, at shall be in ttttifoi:ffl least two (2) aiid eaffy fir-emen two shall way fadies. be on e. The fire ehief among those firemen assigned eontrol of the firemen on and difeetion of the firemen. of the fire depai4mefit to the the -premises shall premises. and shall designate Of Said eomma-fid be r-es-ponsible apPE)4flt offieer- for- a eommand shall the s have offieer- exeittsive >positioning, fFE) 7 Poliee p ola. At least one fflembef . of the poliee depaAffient (hefeinaftef " " ) shall bestationed on the pfemises fof eaeh otie thousand five httiidfed (1,500) • Regardless of I all times. e. All polieemen the atimbef: of assigned to the oee"atits, pfefflises at least two (2) shall be in unifofm polieemen and eaffy shall two be on the way r -adios. - among those polieemen eontrol of the polieemen assigned to the on the premises -premises. and shall Said eommand be r-espofisible offieer shall for the hm,e exeltisiv-e positioning, and difeetion of the poheemen. 3. The eity per-sofmel are atAofized to issue stieh assigned to other- dir-eetives the pr-efnises of: orders,b. ptifstiEmt to this seetion shall be and her-eb , 111111101M.-.- RIEW 0.1 1 MINION- mum isJIM �� .. i� 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 CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2025. Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES AMENDED 15.24.020. ADDITIONAL LOCATION, SIZE, AND OTHER STANDARDS: A. Location and Size: 5. All free-standing permanent signs shall conform to applicable 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 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 HEIGHT4, 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 (1) 30 feet high, 12 feet wide Non-residential uses only Planned Unit Development (PUD)3 30 feet high, 12 feet wide 15 feet high, 8 feet wide 4 feet high, 8 feet wide Non-residential uses Mixed use/high density residential Medium and low- density residential uses, monument only 1 If a non-residential property in the C-1 zone is adjacent to a residential zone the sign shall not be internally 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. 2 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 sign must be no less than 600 feet from any other sign over 45 feet in height on the same side of the highway. EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES 3 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. 4. Monument signs may incorporate a sign base no more than one foot (1') above ground level, for a maximum total sign height of five feet (5'). AMENDED 16.12.040: LANDSCAPING: A. The adjacent landowner shall landscape and maintain all areas within the street right of way, not covered by pavement, curb, gutter or pedestrian walk. Trees and shrubs higher than three feet (3') from the ground shall not be planted or allowed to grow within the dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. DELETED 18.06.040. ANIMAL !Anom' SITE.! AMENDED 18.06.080: CHILDCARE CENTER: Any place, home, structure or location where child care and supervision are provided for compensation, and which includes a "daycare" as that term is defined in Idaho Code 39-1102(3), a "daycare center" as that term is as defined in Idaho Code 39-1102(4), a "daycare facility" as that term is defined in Idaho Code 39-1102(5), or a "group daycare facility" as that term is defined in Idaho Code 39-1102(9). A "family daycare home" as that term is defined in Idaho Code 39-1102(8) shall not be considered a Childcare Center for purposes of Title 18 of the Chubbuck City Code. NEW 18.06.095: CONVENIENCE STORE: A retail business establishment that primarily sells gasoline, a limited line of groceries and auto - related products, and prepackaged food items. It may be co -located with another business such as a restaurant or truck stop. This definition does not include a business where there is no retail floor space accessible to the public. AMENDED 18.06.145: HOTEL OR MOTEL: A commercial facility, excluding short term rentals, which offers temporary lodging accommodations on a daily rate to the general public (for stays of generally thirty (30) days or less) and which provides daily housekeeping service, including clean linens. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee. If a room is occupied by a guest for more than thirty (30) consecutive days and is the sole residence of the guest, then occupancy is not temporary, and does not qualify as a hotel or motel, except in cases of natural disasters such as fires or floods. EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES AMENDED 18.06.150: HOUSEHOLD: A. One or more persons living together as a single economic and housekeeping unit. B. Any residence in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity. Professional and other service providers may visit and treat residents, but non-residents shall not visit the home for professional care or other services. AMENDED 18.06.160: KENNEL: A. Hobby Kennel: Any location other than a veterinary clinic or hospital, the animal shelter or a commercial kennel, where three (3) or more dogs over four (4) months of age are kept. B. Commercial Kennel: 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 clinic or hospital, or the animal shelter, where dogs are received for boarding and/or care. NEW 18.06.195: MACHINE SHOP: A location where lathes, grinders, presses, shapers and other wood- and metal -working machines are used such as blacksmith, welding, and sheet metal shops; and plumbing, heating, and electrical repair shops. NEW 18.06.225 PET SHOP AND SUPPLIES: A business, licensed pursuant to Title 5, Chapter 5.04 of this code which has as its primary source of revenue the sale of pets and pet supplies. AMENDED 18.06.240.E: PRODUCTION BUILDING CLUSTER ARRANGEMENT: A subdivision, park, court or other area that is_intended for residential use where residence is in production buildings exclusively and which is constructed, built and maintained in conformance with subsection 18.12.030 of this title. NEW 18.06.285: SERVICE STATION: A business where routine automotive servicing and parts replacement are performed including, but not limited to vehicle lubrication, motor tuning, washing waxing and polishing, electric vehicle charging, and sales and service of tires, batteries and other automobile accessories. A service station shall not include tire recapping, sale or rebuilding of engines, battery manufacture or rebuilding, radiator repair, steam clean, body repairs, painting, upholstery, or other similar actions or services. EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES NEW 18.06.295: SHORT TERM RENTAL: Any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or owner -occupied residential home that is offered for a fee and for thirty (30) days or less, also known as a vacation rental, bed and breakfast, etc. It does not include a tent, recreational coach, motor home, camper, hotel, motel, hospital, yurt or nursing home, nor a unit that is used for any retail, restaurant, banquet space, event center or another non-residential or similar use. A short-term rental is considered a residential use and follows the same Residential Dwelling requirements and controls in this Title. See also Idaho Code §63-1803. DELETED 18.06.300, SHOP! NEW 18.06.305: SIGHT TRIANGLE: A triangular area at an intersection or driveway where obstructions must be limited to enhance safety by ensuring visibility for drivers, cyclists and pedestrians. No obstructions such as structures, parking, utility boxes or vegetation shall be permitted in between the heights of three (3) feet and ten (10) feet above the curb level. Also known as a line of sight or corner vision triangle. Dimensions for sight triangles at different intersections and driveways are defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. AMENDED 18.06.390: VEHICLE SALES, SERVICE AND SUPPLY: Any location where automobiles, trucks, trailers, campers and other vehicles, mobile equipment or appurtenances thereof, are sold or rented, and where services are provided as described for a Service Station in 18.06.285, and no other work is performed on said items except preparation for display or shipment, etc. NEW 18.06.405: VETERINARY CLINIC OR HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment and care of diseased or injured animals, including the boarding of animals under the care of the veterinarian. AMENDED 18.08.010: ENUMERATION OF DISTRICTS: L. Highway Corridor (HC): The purpose of this district is to provide an enhanced location for a broad variety of businesses with highway frontage serving local and regional markets. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Standards include city street EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES requirements for the Chubbuck Village area creating commonalities shared between the Highway Corridor and Village zones. M. Village (V): The purpose of this district is to provide a mixed-use environment that serves as an urban meeting space focused on pedestrian activity. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Commercial, civic, and medium to high density residential uses are allowed throughout the district. Standards include street requirements for the Chubbuck Village area creating commonalities shared between the Village and Highway Corridor zones. AMENDED 18.08.040: SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS: AMENDED 18.08.042. SCHEDULE OF GENERAL CONTROLS; REGULATIONS: C. Lot Size and Setbacks for Zero Lot Line Residential Dwellings: The minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback may be zero and the other side yard setback may be a minimum of ten feet (10'). 111 of aByN0161d.5T02:_i:►_i_229W!1. ,_3111_,0MIAL/\_�iN:1 AMENDED 18.12.020: SUPPLEMENTAL YARD, HEIGHT AND USE CONTROLS: A. Visibility At Intersections: On a corner lot it shall be the responsibility of the owner of real property to remove from property any hedge, shrubbery, fence, wall or other sight obstructions of any nature except buildings where these sight obstructions constitute a traffic hazard. No owner shall erect, place, plant or allow any object to be so put so as to constitute a sight obstruction. The above sight obstructions shall not extend more than three feet (3') in height above the existing centerline road elevation within the LAND USE DISTRICTS LAND USES A R-1 R-23 R-3 R-4 C-1 Commercial retail: Vehicle sales and service X X X X X C P P Commercial services: Veterinary clinic or hospital C X X X X X C P Vehicle repair site X X X X X X P P Residential: Home Occupation Minor P1 P1 P1 P1 P1 P P P Home Occupation Major P1 P1 P1 P1 P1 P P P AMENDED 18.08.042. SCHEDULE OF GENERAL CONTROLS; REGULATIONS: C. Lot Size and Setbacks for Zero Lot Line Residential Dwellings: The minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback may be zero and the other side yard setback may be a minimum of ten feet (10'). 111 of aByN0161d.5T02:_i:►_i_229W!1. ,_3111_,0MIAL/\_�iN:1 AMENDED 18.12.020: SUPPLEMENTAL YARD, HEIGHT AND USE CONTROLS: A. Visibility At Intersections: On a corner lot it shall be the responsibility of the owner of real property to remove from property any hedge, shrubbery, fence, wall or other sight obstructions of any nature except buildings where these sight obstructions constitute a traffic hazard. No owner shall erect, place, plant or allow any object to be so put so as to constitute a sight obstruction. The above sight obstructions shall not extend more than three feet (3') in height above the existing centerline road elevation within the EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. A sight vision triangle is also applicable to railroad highway grade crossings with the triangle being defined by measuring from the point of intersection of the highway right of way and the railroad right of way forty (40) feet along each right of way, and connecting the two (2) points with a straight line. AMENDED 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: B. Veterinary Clinic or Hospital: 1. Will comply with all state and local regulations relative to such an operation and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor. M. Vehicle Sales, Service and Supply: Vehicle sales sites shall be operated and maintained in compliance with the following standards: 1. A minimum distance of three feet (3') shall be maintained between vehicles displayed for sale. 2. No vehicles shall be parked within the dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. 3. Vehicles offered for sale shall be displayed in an orderly manner and be kept clean and display an appearance of being operable. N. Short Term Rentals: 1. License: All short term rentals within the City of Chubbuck shall operate with a valid business license issued by the City. A short term rental license is valid for only one residential dwelling unit identified in the license application. An owner of such dwelling unit shall file a separate application and obtain a separate license for each dwelling unit to be used as a short term rental. 2. Local Representative: All short term rental licensees shall designate and maintain a local representative who shall respond to all license and property issues in a timely manner. Any short term rental owner who resides outside the state of Idaho must maintain a local representative who is authorized to accept legal notices on the owner's behalf. 3. Safety: All short term rentals shall provide and maintain functioning fire extinguishers, carbon monoxide detectors, and a smoke detector in every room advertised as a sleeping area. 4. Property Maintenance: No trash or other refuse shall be left stored within public view, except in proper containers for collection on scheduled trash and recycling collection days. EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES Landscaping must be maintained in a neat and tidy appearance at all times. Lawns, planting beds, trees, etc. shall not be removed to provide for more parking in the front yard or setback of the rental unit(s). Adjacent public sidewalks shall be maintained, per Chubbuck city code, and kept free from snow, ice and debris, etc. 5. Maximum Occupancy: Occupancy must comply with all applicable codes and statutes and shall not exceed the occupancy as listed in any short term rental marketplace. 6. Parking: All parking shall be provided on the property on hard surface spaces. Standard driveway maximum widths shall be the norm. Parking shall not be in or on the front yard that is not part of the driveway. Guests shall not park vehicles, RVs or trailers, etc. on the street. 7. Privacy and Impacts to Neighbors: Fencing, screening, and landscaping shall be provided and maintained between the short term rental and neighboring residential land uses. 8. Accessory Dwelling: Accessory dwelling units that meet all the standards of Chapter 18.10 of this title may be used as a short term rental. 9. Right to Notice: The city of Chubbuck may offer a courtesy notice to owners of real property within the standard notice area required for major home occupations as described in Chapter 18.12.032.0 of this Title. As a residential land use a short term rental license is not subject to a conditional use permit or other zoning approval in an existing dwelling; construction of all new housing including short term rentals are subject to zoning approval. AMENDED 18.12.032: SUPPLEMENTAL CONTROLS FOR HOME OCCUPATIONS: The following apply for home occupations: A. Minor Home Occupations: The following regulations shall apply to all minor home occupations: 14. Permitted minor home occupations, providing the above regulations are met, include, but are not necessarily limited to, the following: Artists and sculptors. Authors and composers. Catering, preserving and cooking for sale off site. Home crafts for sale off site. Individual instrument instruction provided that no instrument may be amplified. Individual tutoring of one (1) student, or two (2) students from the same household. Office facility of a salesman, sales representative or manufacturer's representative or professional provided that no transactions are made in person on the premises. Telephone solicitation work. EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES 15. The uses specified below shall not be permitted as minor home occupations: All uses prohibited as major home occupations. Any use which changes or may change the character of the neighborhood, including on - street parking. Barbershop. Beauty parlors. Carpentry work. Dance instruction. Dental offices. Group instruction, tutoring or organized classes. Medical offices. Minor or major auto repair. Painting of vehicles, trailers or boats. Photo developing or photo studios. Private schools with organized classes. Small engine repairs. Team instruction or tutoring, such as for sports, cheerleading, academics, etc. Television repair. Upholstering. Welding shop. Other similar uses. B. Major Home Occupations: The following regulations shall apply to all major home occupations: 11. Permitted major home occupations, provided the above regulations are met, shall include, but are not necessarily limited to, the following: Any use allowed as a minor home occupation. Dressmaking. Family Daycare Home. Organized training or classes with no more than six (6) students on site at any given time. EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES Photo developing and photo studios. Single chair beauty parlors and barbershops. Small engine repairs, excluding major automobiles, motorcycles and snowmobiles. Television and other electrical repairs excluding major appliances such as refrigerators or storage. Trained massage therapists. Upholstering. Woodworking excluding cabinetmaking. 12. The uses specified below shall not be permitted as home occupations: Any use which changes or tends to change the character of the neighborhood, including on -street parking. Catering. Funeral chapel or home. Gift shop. Massage parlors. Medical or dental clinic. Minor or major auto repair, painting of vehicles, trailers or boats. Rental businesses. Welding or machine shops AMENDED 18.14.020: LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFF STREET PARKING AND OTHER VEHICULAR USE AREAS: F. Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of Access: When an accessway intersects a public right of way or when the subject property abuts the intersection of two (2) or more public rights of way, all landscaping within the dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10') high; provided, however, trees or foliage extending into the cross visibility area shall be allowed, provided, they are so located so as not to create a traffic hazard. EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES NEW 18.16.040: CLEARANCE APPROVAL: I. Unless a longer time shall be specifically established as a condition of approval, a Design Review Clearance shall lapse and become automatically void one (1) calendar year following the date on which such clearance became effective, unless prior to expiration the use has commenced, and all conditions of the permit are satisfied. AMENDED 18.19.070: LAND AND BUILDING USES Table 19.2: Land and Building Uses LAND USE DISTRICTS LAND USES HC V Commercial retail: Vehicle sales and service X X Commercial services: Veterinary clinic or hospital P P Vehicle repair site X X AMENDED 18.20.040: PROCEDURE FOR APPROVAL OF A PUD: E. Approval Or Denial: 1. Within sixty (60) days after receipt of the application, the Commission shall hold a public hearing and review the PUD Zone and MDP proposal, and recommend to the Council whether the PUD Zone and the MDP be approved as presented, approved with supplementary conditions or disapproved. The Commission shall then transmit all files constituting the record and the recommendation to the Council. 2. Within sixty (60) days after receipt of the recommendation of the Commission, the Council shall review the PUD Zone and MDP and approve, approve with supplementary conditions or deny said plan. Upon granting or denying the application, the Council shall specify: a. The ordinance and standards used in evaluating the application. b. The reasons for approval or denial. AMENDED 18.20.100: STREETSCAPES AND SIGN STANDARDS IN PUDS: B. Landscape And Parking Strips: Landscape strips between sidewalks or streets and fences or walls, and parking strips between sidewalks and streets, shall be landscaped, and shall be maintained by the Home- or Business Owners Association. 1. Two (2) trees from the approved street tree list and four (4) shrubs shall be required within the landscape strip for every seventy-five (75) linear feet, or fraction thereof. If the EXHIBIT 2: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES sidewalk is separated from the street by a drainage swale, the required street trees may be planted on either side of the sidewalk. Shrubs shall be planted away from the street. All landscaping within the dimensions of the corresponding sight triangle as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10') high; provided, however, trees or foliage extending into the cross visibility area shall be allowed, provided, they are so located so as not to create a traffic hazard. AMENDED 18.32.020: PERMITS AND MUNICIPAL SERVICES: The city will not issue permits to build, install, or repair any structures or improvements upon lands governed by this title, nor will the city furnish water, sewer or sanitation services to any structure or for any land uses, which constitute violations within the meaning of section 18.32.010 of this chapter. DELETED 18.32.040: !''7 IMIN A T PEN A t TIF c. CODE UPDATE PROPOSAL EXHIBIT 3A TITLE 63 REVENUE AND TAXATION CHAPTER 18 SHORT-TERM OR VACATION RENTAL MARKETPLACES 63-1801. SHORT TITLE. This act may be cited as the "Short-term Rental and Vacation Rental Act." [63-1801, added 2017, ch. 239, sec. 1, p. 591.] 63-1802. LEGISLATIVE INTENT. This act is designed to promote access to short-term rentals and vacation rentals by limiting local governmental authority to prohibit these beneficial property uses, or to specifically target them for regulation, except in circumstances necessary to safeguard public health and welfare. This act is also designed to preserve personal property rights and promote property owner access to platforms for offering their properties as short-term rentals and vacation rentals, and enhancing local tax revenue by permitting platforms to assume tax collection and remittance responsibilities. [63-1802, added 2017, ch. 239, sec. 1, p. 591.] 63-1803. DEFINITIONS. In this chapter: (1) "Local government" means any governmental entity or agency, in- cluding counties, municipalities, and taxing districts, but not the state of Idaho and the agencies and departments of the state. (2) "Lodging operator" means a person that rents a short-term rental or vacation rental to an occupant using a short-term rental marketplace. (3) "Lodging transaction" means a charge to an occupant by a lodging op- erator for the occupancy of any short-term rental or vacation rental using a short-term rental marketplace. (4) "Short-term rental" or "vacation rental" means any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or owner -occupied res- idential home that is offered for a fee and for thirty (30) days or less. Short-term rental or vacation rental does not include a unit that is used for any retail, restaurant, banquet space, event center or another similar use. (5) "Short-term rental marketplace" means a person that provides a platform through which a lodging operator, or the authorized agent of the lodging operator, offers a short-term rental or vacation rental to an occupant. [63-1803, added 2017, ch. 239, sec. 1, p. 591.] 63-1804. LIMITING TAX DUTIES OF SHORT-TERM RENTAL MARKETPLACES -- COL- LECTION OF TAX. (1) A local government may not levy a sales, use, fran- chise, receipts, or other similar tax or fee on the business of operating a short-term rental marketplace. (2) A short-term rental marketplace shall register with the state tax commission for collection, reporting, and payment of sales and use and travel and convention taxes levied by this state and any applicable local government taxes administered by the state tax commission on short-term CODE UPDATE PROPOSAL EXHIBIT 3A 2 rentals and vacation rentals due from a lodging operator on any lodging transaction facilitated by the short-term rental marketplace. (3) A short-term rental marketplace shall collect, report, and pay taxes imposed on the lodging operator or occupant of a short-term rental or vacation rental by any local government. (4) Any local government that has levied a tax pursuant to statutory au- thorization, may contract with the state tax commission for the collection and administration of such taxes in like manner and under definitions and rules of the state tax commission for the collection and administration of the state sales or use tax under chapter 36, title 63, Idaho Code. Alterna- tively, such local government shall have authority to administer and collect such tax. All revenues collected on behalf of the local governments by the state tax commission pursuant to this chapter shall be distributed as fol- lows: An amount of money shall be distributed to the state refund fund suffi- cient to pay current refund claims. All refunds authorized by the commission to be paid shall be paid through the state refund fund and those moneys are continuously appropriated. The state tax commission may retain an amount of money equal to such fee as may be agreed upon between the state tax com- mission and such local government for the actual cost of the collection and administration of the tax. The amount retained by the commission shall not exceed the amount authorized to be expended by appropriation by the legis- lature. Any unencumbered balance in excess of the actual cost at the end of each fiscal year shall be distributed as provided in this section. All re- maining moneys received pursuant to this chapter shall be placed in a fund designated by the state controller and remitted monthly to the local govern- ment levying such tax. (5) A short-term rental marketplace that has not facilitated a lodging transaction in Idaho shall have forty-five (45) days to comply with this sec- tion upon completion of their first lodging transaction in Idaho. [63-1804, added 2017, ch. 239, sec. 1, p. 591.] CODE UPDATE PROPOSAL EXHIBIT 3B Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING 67-6511. ZONING ORDINANCE. (1) Each governing board shall, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, establish within its jurisdiction one (1) or more zones or zoning districts where appropriate. The zoning districts shall be in accordance with the policies set forth in the adopted comprehensive plan. (a) Within a zoning district, the governing board shall where appropriate establish standards to regulate and restrict the height, number of stories, size, construction, reconstruction, alteration, repair or use of buildings and structures; percentage of lot occupancy, size of courts, yards, and open spaces; density of population; and the location and use of buildings and structures. All standards shall be uniform for each class or kind of buildings throughout each district, but the standards in one (1) district may differ from those in another district. (b) Within an overlay zoning district, the governing board shall establish clear and objective standards for the overlay zoning district while ensuring that application of such standards does not constitute a regulatory taking pursuant to Idaho or federal law. (2) Ordinances establishing zoning districts shall be amended as follows: (a) Requests for an amendment to the zoning ordinance shall be submitted to the zoning or planning and zoning commission, which shall evaluate the request to determine the extent and nature of the amendment requested. Particular consideration shall be given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. An amendment of a zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. (b) After considering the comprehensive plan and other evidence gathered through the public hearing process, the zoning or planning and zoning commission may recommend and the governing board may adopt or reject an ordinance amendment pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code, provided that in the case of a zoning district boundary change, and notwithstanding jurisdictional boundaries, additional notice shall be provided by mail to property owners or purchasers of record within the land being considered, and within three hundred (300) feet of the external boundaries of the land being considered, and any additional area that CODE UPDATE PROPOSAL EXHIBIT 3B may be impacted by the proposed change as determined by the commission. Notice shall also be given to a pipeline company operating any existing interstate natural gas transmission pipeline or interstate petroleum products pipeline, as recognized by the pipeline and hazardous materials safety administration, with a center point within one thousand (1,000) feet of the external boundaries of the land being considered, provided that the pipeline company is in compliance with section 62-1104, Idaho Code. Notice shall also be posted on the premises no less than one (1) week prior to the hearing. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of procedures that would provide adequate notice may be provided by local ordinance in lieu of posted or mailed notice. In the absence of a locally adopted alternative notice procedure, sufficient notice shall be deemed to have been provided if the city or county provides notice through a display advertisement at least four (4) inches by two (2) columns in size in the official newspaper of the city or county at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site. Any property owner entitled to specific notice pursuant to the provisions of this subsection shall have a right to participate in public hearings before a planning commission, planning and zoning commission or governing board subject to applicable procedures. (c) The governing board shall analyze proposed changes to zoning ordinances to ensure that they are not in conflict with the policies of the adopted comprehensive plan. If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67- 6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to paragraph (b) of this subsection. (d) If a governing board adopts a zoning classification pursuant to a request by a property owner based upon a valid, existing comprehensive plan and zoning ordinance, the governing board shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date the governing board adopted said individual property owner's request for a zoning classification change. If the governing body does reverse its action or otherwise change the zoning classification of said property during the above four (4) year period without the current property owner's consent in writing, the current property owner shall have standing in a court of competent jurisdiction to enforce the provisions of this section. History: [67-6511, added 1975, ch. 188, sec. 2, p. 515; am. 1983, ch. 121, sec. 1, p. 314; am. 1985, ch. 141, sec. 1, p. 384; am. 1987, ch. 329, sec. 1, CODE UPDATE PROPOSAL EXHIBIT 3B p. 688; am. 1992, ch. 269, sec. 4, p. 833; am. 1999, ch. 396, sec. 8, p. 1105; am. 2003, ch. 142, sec. 1, p. 411; am. 2011, ch. 89, sec. 3, p. 194; am. 2013, ch. 216, sec. 1, p. 507; am. 2023, ch. 140, sec. 3, p. 386.] CODE UPDATE PROPOSAL EXHIBIT 3C 0 Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING 67-6539. LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS. (1) Neither a county nor a city may enact or enforce any ordinance that has the express or practical effect of prohibiting short- term rentals or vacation rentals in the county or city. A county or city may implement such reasonable regulations as it deems necessary to safeguard the public health, safety and general welfare in order to protect the integrity of residential neighborhoods in which short-term rentals or vacation rentals operate. A short-term rental or vacation rental shall be classified as a residential land use for zoning purposes subject to all zoning requirements applicable thereto. (2) Neither a county nor a city can regulate the operation of a short-term rental marketplace. History: [67-6539, added 2017, ch. 239, sec. 2, p. 592; am. 2018, ch. 79, sec. 1, p. 179.]