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HomeMy WebLinkAboutItem #4 City Code UpdatesCHUBBUCK MEMO TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: November 5, 2025 Public Works Department Planning Services 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us RE: Consideration of an ordinance 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 City Code Section 18.28.050.B.8 Standards for Approving a Title [181 Text or Map Amendment. (Action Item) BACKGROUND REQUEST 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. The detail of the ordinance includes 40 or so items, broken into the affected 32 sections of code. Half of the changes deal with definitions, there are new standards proposed for short term rentals, and the remainder are considered minor: • 15 Changes, deletions and additions to definitions, to correlate better with other parts of Title 18, o 7 minor changes to Land Use tables in Chapters 18.08 and 18.19 to reflect changes in definitions; • 1 New section to establish standards for Short Term Rentals • 5 Updates to (copy) language in Titles 16 and 18 describing corner sight vision/safety triangles; • 5 Sections to delete or shorten, mainly regarding zero lot lines and enforcement; and • 7 Other minor changes in Titles 15 and 18. The most significant addition requested in this ordinance is standards for short term rentals (STRs). Per Idaho Statutes STRs must be considered residential land uses and allowed anywhere residential uses are allowed. Cities cannot regulate the STIR marketplace but may issue business licenses and establish standards to help ensure the public health, safety and welfare. The Land Use and Development Commission (LUDC) held a public hearing regarding the draft ordinance at a regular commission meeting on October 14, 2025. After the public hearing, the LUDC members discussed the proposal and recommended City Council approval, with some changes to the requirements for STRs. PETITIONER City of Chubbuck Public Works Department Attn: Don Matson, Planning Services Manager PROPOSAL SYNOPSIS 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. DEFINITIONS Contradictory or Obsolete. The title "Shop" is confused with a store 18.06.040 Animal Care Site and needs a better definition. Animal care sites are defined too 18.06.300 Shop broadly and should be addressed through separate and updated definitions for Veterinary Services, Pet Shop, Kennel, etc. • Proposal: Delete 2 definitions and replace with more appropriate language — see below. Necessary Updates. Some updates are needed per changes in State 18.06.080 Childcare Center law, others are for better management and implementation of City 18.06.145 Hotel or Motel 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 Additions for Clarity Some land uses are similar to others, or a definition is needed for some undefined items that are already in the Land Use table, Section 18.08.040. • Proposal: Add 7 definitions to Title 18. Some of the definition texts are borrowed from other cities' ordinances for easier understanding across jurisdictional lines. CHUBBUCK 1 0 R H 0 18.06.095 Convenience Store 18.06.195 Machine Shop 18.06.225 Pet Shop and Supplies 18.06.285 Service Station 18.06.295 Short Term Rental 18.06.305 Sight Triangle 18.06.405 Veterinary Clinic or Hospital 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us DEFINITIONS — LAND USE TABLES Land Uses by District/Zone. Vehicle Sales is defined in code but listed as Automotive Sales in the table. Animal Care Site is being replaced 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. 18.08.040 Schedule of General Controls, Land Uses by District 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. SHORT TERM RENTALS Standards for Short Term Rentals. Idaho Statutes define short term rentals as residential land uses and must be allowed wherever residential uses are allowed. Some STRs have created 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. 18.12.030.N Supplemental Controls for Particular Uses N. Short Term Rentals (new) The STR section is the most substantive part of this proposed City Code amendment. See description below, Section 23 in the draft ordinance (Attachments A and B), Idaho Statutes in Attachments C.1, C.2 and C.3, and Summary of a recent Idaho Supreme Court decision in Attachment D. Per the statutes that limit local regulations on STP, 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). CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us SHORT TERM RENTALS (cont) The Idaho Supreme Court (Docket No. 50888) clarified that cities and counties must treat all types of STRs the same (bed and breakfast, vacation rental, etc.) and not prohibit any type of STR from any residential area. The standards proposed for STRs in Chapter 18.12.030.N are largely borrowed from the cities of Boise' and McCa112; both have more experience in STR standards to safeguard neighborhoods and the public health, safety, and general welfare. The Short-term Rental Regulation Toolkit' from AirBnB.com 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. The STR owner/applicant shall provide courtesy notice to surrounding property owners in the area described for an ADU per Chapter 18.10.070.B. Prior to receiving a business license the owner/applicant shall also provide a certification to the City Clerk that notices have been provided' -2,3 Note: Members of the LUDC were concerned both for the STR owner and the neighbors in providing the notice. A key point of the notice is to let neighbors know there would be unknown people frequenting their street. These would be courtesy notices only, by statute there is no public hearing or comment and aside from a standard business license there is no approval process. 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 marketplace 2, 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 Nei_ hq bors: Fencing, screening, and landscaping shall be provided and maintained between the short term rental and neighboring residential land uses2,1. 8. Accessory Dwelling: Accessory dwelling units that meet all the standards of Chapter 18.10 of this title may be used as a STR 1,3. ' 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. /944-C-\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us SIGHT TRIANGLES Aligning Sight Triangle References: Access Management Guidelines were adopted by the City in 2016, which includes updated sight triangles for corners and certain driveways. Existing code describes sight triangles that are simple and ineffective and are out of step with the 2016 Guidelines. • Proposal: Delete older dimensions in various sections of code and replace them with a reference to the adopted Access Management Guidelines. • Proposal: Add a definition of a sight triangle in Chapter 18.06. 16.12.040 Landscaping 18.06.305 Sight Triangle (new) 18.12.020 Supplemental Yard, Height and Use Controls 18.12.030.M Vehicle Sales, Service and Supply 18.14.020.F Sight Distance for Landscaping Adjacent to Public Rights of Way and Points of Access 18.20.100.6 Streetscapes and Sign Standards in PUDs 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 -0f -Way Line e - - - - - - - 41r _ _ . _ - - - j o- - - - - w .... a Right- f -Way Line 6/0T rIntersection Driveway Sight Triangle � a o , , 1 � 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 The adopted triangle dimensions in code 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 adopted 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' o Curb ` Curu Sidewalk -Frontage i1 Landscaping niyin-ui-rvay Line pruned up to 10' above ground.) The standards apply both to intersections and to commercial/multi-family driveways. ' Access Management Guidelines 2011, Bannock Transportation Planning Organization (BTPO). https://www.bannockplanning.org/wp-content/uploads/AccessManagementWhole_V1_Feb_13_2012.pdf Di 290 E Linden Avenue, Chubbuck, ID 83202 /94Phone 208.239.3252 CHUBBUCK dmatson@cityofchubbuck.us 1AAHA SECTIONS TO DELETE OR SHORTEN Zero Lot Line Construction. Two sections of code are outdated referring to zero lot line dwellings: twin homes and townhomes. One refers to them only in the R -2P zone but they are allowed in 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. Enforcement of Title 18 Land Use. Chapter 32, enforcement, includes sections for permits and services, criminal penalties and conditional occupancy permits. The permits and municipal services section 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. 18.08.042.0 Schedule of General Controls, Regulations 18.08.050 Zero Lot Line Residence Waiver 18.32.020 Permits and Municipal Services 18.32.040 Criminal Penalties 18.32.050 Conditional Occupancy Permit Animal Care Sites vs Veterinary Services. Animal care sites are defined 18.12.030.N Supplemental Controls for too broadly, so the definition was replaced with veterinary clinics and hospitals. • Proposal: Narrow the standards in this section to apply only to veterinary service locations. OTHER MINOR CHANGES Particular Uses B. Veterinary Clinic or Hospital 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'. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us OTHER MINOR CHANGES (cont.) Identification and Purpose of Zones: The Enumeration of Districts section in Title 18.08.010.L Highway Corridor (HC) 18 lists all land use districts/zones in one place so that the reader can 18.08.010.M Village M 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. Sight Triangles at Railroad Crossings. There are updates proposed to reference 18.12.020.A Supplemental Yard, to sight triangles in several sections, including 18.12.020.A. However new Height and Use Controls standards have not been studied or established for sight triangles at railroad crossings. • Proposal: Separate railroad crossings from intersections standards in code. Design Review. Most building, development and some land use approvals have a 18.60.040 Clearance Approval (new) 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 their approval. A design review clearance has no such time limit. • Proposal: Add a one year term of approval for Design Review clearances. Land Use Public Hearings. The administration chapter of Title 18 was altered in 18.20.40.E Procedure of Approval of 2021 and 2022 and reduces public hearings for the City Council which had a PUD; Approval or Denial 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. Minor Home Occupations. Within the last few years issues have cropped up 18.12.032.A Minor Home regarding tutoring, training, and instruction as minor home occupations. Minor Occupations 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. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 CHUBBUCK dmatson@cityofchubbuck.us 1 0 R H 0 OTHER MINOR CHANGES (cont.) Major Home Occupations. Recently Idaho Statutes were revised 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. PROCEDURE APPLICABLE LAWS AND PLANS 1. Chubbuck 2045: Comprehensive Plan 18.12.032.13 Major Home Occupations 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 18.28.050.13.8 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 review and action by the Land Use & Development Commission is a recommendation to the City Council based on three criteria for proposed text amendments in City Code Chapter 18.28.050.B.8: CRITERIA A — COMMUNITY.' The proposed text amendment would be in the community's best interest. • Changing and adding to the definitions provides better correlation within Title 18 and with Idaho Statutes, i.e., adding definitions for Short Term Rental, Convenience Store, Service Station, Sight Triangles, etc. and revising definitions for Childcare Centers, Households, and Shop/Machine Shop. Recognizes practical application of ordinance toward monument signs,. • Establish standards for Short Term Rental properties, • Clarifies limits for in-home tutoring and training. CRITERIA B — CONSISTENCY. - The proposed text amendment is consistent with the existing provisions of the zoning ordinance. • Correcting conflicting references and configurations of sight triangles in titles 16 and 18. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us • Removes reference to an extra public hearing no longer required for a PUD zone change. • Removes some references to Zero Lot Line development that are now obsolete. • Adds a time limit for a Design Review Clearance, being consistent with other development approvals. 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 the Plan (available at https://cityofchubbuck.us/wp- content/uploads/2025/09/Chubbuck 2045 Comprehensive Plan Final.pdf). CONCLUSION ANALYSIS Based on the attached evidence and analysis, staff finds the draft amendment/code satisfies the criteria necessary for approval by the City Council: A. The proposed text amendment would be in the community's best interest. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. C. 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. LUDC RECOMMENDATION Following a public hearing on October 14, 2025 the LUDC unanimously recommended approval of the enclosed changes to Title 15 Buildings and Construction, Title 16 Land Improvement Standards, and Title 18: Land Use. Minutes of the October 14, 2025 LUDC meeting are not yet available. ATTACHMENTS A. Draft Ordinance with Underline/Strikeout as Recommended by LUDC B. Draft Ordinance Text Incorporating all Recommended Changes C. Idaho Statutes Related to Short Term Rentals 1. Idaho Statute 63-18: Short -Term or Vacation Rental Marketplaces 2. Idaho Statute 67-6511: Local Land Use Planning; Zoning Ordinance Idaho Statute 67-6539: Limitations on Regulation of Short -Term Rentals and Vacation Rentals D. Idaho Supreme Court Summary Statement, Idaho Association of Realtors v. City of Lava Hot Springs, Docket No. 50888 (May 21, 2025). CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us 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 -SITU: 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 Heal 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 Hi . hway 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 for --a LAND USE DISTRICTS LAND USES A R-1 R-23 R-3 R-4 C-1 C-2 I Commercial retail: Automotive Sales Vehicle sales, service and supply X X X rXI X C P P Commercial services: Animal Coro Site 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 Pi Pi Pi Pi Pi XP XP XP Home Occupation Major Pi Pi Pi Pi Pi XP XP XP 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 for --a the land use dist-fiet 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'). freestanding single family home in an R 2P zone or on a zero lot line subdivision where a wai has been gFanted. Section 21. Amended 18.08. Section 18.08.050 of Chubbuck Municipal Code is deleted: ��!e!�rrsstre�r.�!��asrr_ie!� 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 correspondinu siuht trianule as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. vision tFiangle of Pehic-le oper-aters. The boundaries e�tl�e vision b4a-agle being defined by measufing fiam the in�er-seefien of the edges of two (2) adjaeent r-eadways fiaAy feet (40') aleng eaeh roadway a -ad eenneeting the v�ve (2) points with a stfaigM line. Th sigh4 dista-nee obstnuetien is also appheable te r-ailr-ead highway grade er-essings with the vision 4iaagle defined b, . - fefty feet (4 0') along the railroad prepet=Pf line. A sight vision triangle is also applicable to railroad highwU 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 foLt(40,) feet along each right of way, and connecting the two (2) points with a straight line. 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 correspondinu siuht trianule as defined in the adopted Access Management Guidelines per Title 16.12.025: Access Management. vision tFiangle of Pehic-le oper-aters. The boundaries e�tl�e vision b4a-agle being defined by measufing fiam the in�er-seefien of the edges of two (2) adjaeent r-eadways fiaAy feet (40') aleng eaeh roadway a -ad eenneeting the v�ve (2) points with a stfaigM line. Th sigh4 dista-nee obstnuetien is also appheable te r-ailr-ead highway grade er-essings with the vision 4iaagle defined b, . - fefty feet (4 0') along the railroad prepet=Pf line. A sight vision triangle is also applicable to railroad highwU 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 foLt(40,) feet along each right of way, and connecting the two (2) points with a straight line. 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 Quos Veterinary Clinic or Hospital: 1. ' hotels, exeept for- an ovffier-'s r-esidenee, unless the animals are eempletely housed in setmdpr-eof stmetufes that eempletely ser-een them ffem view of the abutting residential property. 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: A minimum distance of three feet (3') shall be maintained between vehicles displayed for sale. 2. No vehicles shall be parked within the ,a:,,,ensio., of a sight triangle defined in subseetio 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 Citv of Chubbuck shall overate with a valid business license issued by the City. a. 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. b. The short term rental owner shall provide courtesy notice to each surrounding property owner in the area as described for an ADU per Chapter 18.10.070.B of City Code. Prior to receiving a business license the owner/applicant shall provide certification to the City Clerk that notices have been provided. c. 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; conversion to or construction of all new housing including short term rentals are subject to zoning approval. 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 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. 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. Dressmaking. Family Daycare Home. Organized training or classes with up to six «` students at one time no more than six (6) students on site at M 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 Managementshall 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. T andseaping exeept required - „a o shall He areas 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. l 9.070 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 V Commercial retail: IS - 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. l 9.070 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 V Commercial retail: Automotive -Sales Vehicle sales, service and supply X I X Commercial services: Animal Coro e.+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 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. 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 or- 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: • •MA a NOMI Section 32. Amended 18.32. Section 18.32.050 of Chubbuck Municipal Code is deleted: MINOR FORM ........... 111-I I .. MO. I ii i, �- • • There shall be no open flame heating A- - . - f food ot! drink, except in areas which are allowed to prepare foods The smoking of laws,1. under existing tobaeeo or other- pr-o"ets by any > and person inside regulations of the of the stmettwe eity and th-e shall b prohibited and said pr-ohibition 3. NE) eombestible 4. No .,1,..,1,olie 1- eve shall be stfietly solids,2. or- flammable liquids, -ages shall be se ,e efifomed. or- allowed gases shall . .,he be allowed -e o the anywher-e p in th 5. All eleetr-ioal eonneetions eft fof appliances opetuted during the period of time Covered b been allowed but fof the pr-ovisions of this seetion, the eity shall, sttbjeet to reimbtir-sement by Fife pr-oteetio per-sefifiel• a. One member of the volunteet! fire department (hereinafter "fireman") at eaeh major exit, whieh is defined fot! putposes of this seetion as being any exit forty eigh inehes (44') „ more in b. One fireman width. befequir-eed three (2) shall e. Regardless of the the pr-emises at all times, d. All fir-emen assigned pef atimber- of majof: and to the premises minor minor- exits, shall be in exits. at ttfi&r-m least two a-Rd (2) eaiq=y fir-emen two shall be on way fadios. e. The fife ehief among those fifeffien assigned eontrol of the firemen on and dir-eetion of the firemen. of the fife depai4tnent shall to the pfemises. the pfemises and shall designate Said eomffland be responsible or- appoiiit offieer- for shall the a eaffimaiid sil- have offieef ffo exeittsive > , 7 Poliee p of- a. At least one member of the police department (hereinafter " " ) shall be stationed on the premises Beach one thousand five hundred (1 ,500) oeettpants. b. Regardless of t all times. e. All polieemen d. The ehieff poliee the atimbef: of oeettpatits, assigned to the premises of the po iee aepaftment at least shall be shall Vvvo (2) in tifiifofm appoint polieemen and seintnand eaffy shall two offieer- be on the- way r-adies. ffon ADMINISTRATIVE PROVISIONS I 1 • IM III _ IAM11110-4. 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 ATTACHMENT B: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES ATTACHMENT B: 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. ATTACHMENT B: 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. ATTACHMENT B: 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 ATTACHMENT B: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES or rebuilding, radiator repair, steam clean, body repairs, painting, upholstery, or other similar actions or services. 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 ATTACHMENT B: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES 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 (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'). III Dim Dow Doomi i i • • 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 LAND USE DISTRICTS LAND USES A R-1 R-23 R-3 R-4 I C-1 C-2 I Commercial retail: Vehicle sales, service and supply 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'). III Dim Dow Doomi i i • • 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 ATTACHMENT B: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES shall not extend more than three feet (3') in height above the existing centerline road elevation within the 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: 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. 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. b. The short term rental owner shall provide courtesy notice to each surrounding property owner in the area as described for an ADU per Chapter 18.10.070.B of City Code. Prior to receiving a business license the owner/applicant shall provide certification to the City Clerk that notices have been provided. c. 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; conversion to or construction of all new housing including short term rentals are subject to zoning approval. ATTACHMENT B: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES 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. 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. 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. ATTACHMENT B: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES 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. Dressmaking. ATTACHMENT B: DRAFT ORDINANCE TEXT INCORPORATING ALL CHANGES Family Daycare Home. Organized training or classes with 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 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. ATTACHMENT B: 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, service and supply 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 ATTACHMENT B: 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. 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 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.] CHAPTER 19 EQUALIZATION OF ASSESSMENT OF PERSONAL PROPERTY [REPEALED] 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 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, 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.] How current is this law? 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.] How current is this law? SUMMARY STATEMENT Idaho Association of Realtors v. City of Lava Hot Springs, Docket No. 50888 This appeal concerned the Short-term Rental and Vacation Rental Act, Idaho Code sections 63-1801 to 1804, and Idaho Code section 67-6539 (collectively "Act"). Generally, the Act limits the kind of prohibitions or regulations municipalities may enforce with respect to short-term rentals. The City of Lava Hot Springs regulates short-term rentals based on whether they are occupied by an owner or manager. A short-term rental that is not occupied by an owner or manager is prohibited in residential zones and only permitted in the City's commercial zones. Bed and breakfast -type establishments that are occupied by the owner or manager are permitted in both commercial and residential zones. This dispute arose when the City denied John and Michelle Taylor's application for a business license to operate a non -owner -occupied short-term rental in the City's residential zone. The Idaho Association of Realtors and the Taylors sued the City alleging that its regulatory scheme violated the Act, which prohibits a city from enforcing any ordinance "that has the express or practical effect of prohibiting short-term rentals or vacation rentals in the city." But the Act also allows municipalities to enforce reasonable regulations of short-term rentals to "safeguard the public health, safety and general welfare in order to protect the integrity of residential neighborhoods in which short-term rentals ... operate." The City brought a summary judgment motion based on its view that its regulation of short-term rentals did not violate the Act. The district court granted the City's motion, finding that the City's regulations did not have the express or practical effect of prohibiting short-term rentals and that the City's regulations were permissible under the health, safety and welfare exception in the Act. The Idaho Supreme Court reversed the decision of the district court because the City's ordinance expressly prohibits short-term rentals in the City's primary residential zone. By restricting short-term rentals in residential zones to those occupied by the owner, the City expressly prohibited non -owner occupied rentals in the City's residential zone. Because the City's ordinance violated the Act, the Court invalidated the City's ordinance. ***This summary constitutes no part of the opinion of the Court, but has been prepared by court staff for the convenience of the public. ***