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0281 Land Use Amendments 1986CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 281 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING TITLE 18 OF THE CHUBBUCK MUNICIPAL CODE BY ESTABLISHING ADDITIONAL RESIDENTIAL LAND USE DISTRICTS; MODIFYING THE SCHEDULE OF GENERAL CONTROLS; MODIFYING THE PROVISIONS OF CHAPTER 3 TO INCLUDE DENSITY RESTRICTIONS FOR DUPLEXES, THREEPLEXES, FOURPLEXES AND APARTMENTS, AND MODIFYING THE PROVISIONS OF CHAPTER 4 TO ESTABLISH A DESIGN OVERLAY DISTRICT WHICH WOULD APPLY TO CERTAIN RESIDENTIAL AS WELL AS COMMERCIAL AND INDUSTRIAL LAND USE DISTRICTS; PROVIDING FOR THE SEVERABILITY OF THE PROVISION OF THIS AMENDATORY ORDINANCE AND OF THE ORDINANCE AMENDED; REPEALING THOSE PROVISIONS OF THE ORDINANCE AMENDED WHICH ARE IN CONFLICT WITH THIS AMENDATORY ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: Definitions of Single Household Dwelling, Duplex, Three-plex, Four-plex and Apartment. Section 18.04.050 of the Chubbuck Municipal Code is hereby amended by the repeal of subsection (m), the re-lettering of the following sections, and the inclusion of a new subsection (q), to read as follows: (q) "Residential structures" are defined as including the following: (1) "Single household dwelling" means a structure containing no more than one household or living unit. (2) "Duplex" means a structure containing no more than two households or living units. (3) "Three-plex" means a structure containing three households or living units. (4) "Four-plex" means a structure containing four households or living units. ORDINANCE - Page 1 4T-25 (5) "Apartment Buildino" means a structure or complex of structures containing five or more households or living units. SECTION 2: Enumeration of New Residential Land Use Districts. Section 18.08.010 of the Chubbuck Municipal Code is hereby amended as follows: "18.08.010 Enumeration of Districts. The following land use districts are hereby established. (a) Agricultural (A)--The purpose of this district is to provide for orderly transition of farmlands, by limiting their use to low density residential neighborhoods until such time as other uses, consistent with the comprehensive plan become appropriate. (b) Single Family Residential (R-l)--The purpose of this district is to provide for neighborhoods of single household dwellings and Class I Production Buildings and, when conditionally permitted, double household dwellings (~e~es). Planned unit developments 6~ass ~ ~e~%~m ~~m~s and home occupations may also be conditionally permitted. (c) Limited Residential (R-2)--The purpose of this district is to provide for ~ve~sGey Gm ~e a~a~emem~ ~n~ ~e~y ~ ~esG~m~ uses neighborhoods of single household dwellings, Class I Production Buildings, and duplexes. In order to maintain an appropriate mix of single household dwellings and duplexes, the issuance of building permits for duplexes shall be regulated so as to limit duplexes to no more than 10% of the total structures in any defined geographic area or subdivision. The defined geographic area or subdivision shall, in each case, be established by the Land Use and Development Commission. Planned unit developments, Class II Production Buildings, and home occupations may also be conditionally permitted. a~am~emen~s am p~v~e~ e~sewhe~e (d) General Residential (R-3)--The purpose of this district is to provide for diversity in the arrangement and density of residential uses. Duplexes, three-plexes, and four-plexes shall be allowed, but in order to maintain an appropriate mixture of single household dwellings, duplexes, three-plexes, and ORDINANCE - Page 2 4T-25 four-plexes, the issuance of building permits and design review clearance of duplexes, three-plexes and four-plexes shall be regulated so that duplexes, three-plexes, and four-plexes shall not compose more than 25% of the structures in any distinct geographical area or subdivision. The defined geographic area or subdivision shall, in each case, be established by the Land Use and Development Commission. Planned unit developments, Class II Production Buildings, and home occupations may also be conditionally permitted. Class III Residential Production Buildings are allowed only in clustered arranqements as provided elsewhere in this Ordinance. (e) Dense Residential (R-4)--The purpose of this district is to provide for the development of dense residential districts including apartment buildings and apartment complexes composed of clusters of duplexes, three-plexes, and four-plexes. Because of the density of residential development within this zone, single household dwellings and duplexes will be allowed only in situations warranting issuance of a conditional use permit. Three-plexes, four-plexes and apartments are permitted. Class III Residential Production Buildings are allowed only in clustered arrangements as provided elsewhere in this Ordinance. Planned unit developments are encouraged within this district and are conditionally permitted. (f) Limited Commercial (C-l)--The purpose of this district is to provide for small office uses or neighbOrhood scaled convenience business uses, which serve nearby residential areas. Some larger establishments may be conditionally permitted if compatible with adjoining uses. (g) General Commercial (C-2)--The purpose of this district is to provide for a broad variety of business establishments serving municipal or regional markets. These uses buffer against industrial area and may include compatible light industrial uses when conditionally permitted. (h) Industrial (I)--The purpose of this district is to provide for light industry not absorbed by general commercial areas, and for heavier industrial uses when conditionally permitted. ORDINANCE - Page 3 4T-25 SECTION 3: Modification of Permitted Land Uses. Section 18.08.040 of the Chubbuck Municipal Code is amended by the modification of Sub-section B, the addition of a new Sub-section C and the relettering of the following Sub-sections as follows: B. General controls by district shall be as set forth in the schedule below. Specific uses are permitted where indicated in the schedules by the letter "P"; provided, however, that the City Buildinq Official or the Design Review Committee may, in accordance with the procedures set forth in Section 18.08.040(C), require the issuance of a conditional use permit prior to allowing such use. Where the letter "C" appears, it denotes a use allowed in the district in question only upon issuance of a conditional use permit as herein provided. An "X" indicates that the use is neither allowed nor conditionally permitted. the sehe~e ~n s~ee~e ~aet s~t~~s where ~e~e ~ the Any proposed use which is not specifically mentioned in the schedule below, e~ ~s ~o~ gEven a aya e~ aka e~t~a~ use ~e~m%t is neither allowed nor conditionally permitted in residential land use districts, but is permitted in all other land use districts unless the City Building Official or Design Review Committee determine, in accordance with the procedures set forth in Section 18.08.0~0(C), that such use should only be allowed upon the issuance of a conditional use permit. C. The city building official in reviewing an application for a building permit, and the design review committee, in reviewing an application for design review clearance, may determine that a particular land use, although designated in the schedule of general controls as a permitted use, should be allowed only upon the issuance of a conditional use permit. In makinq this determination, the city building official and design review committee shall rely upon the criteria and standards set forth in Section 18.28.040(C) of this title. If a conditional use permit ORDINANCE - Page 4 4T-25 is required, the applicant shall immediately thereafter be notified of this determination and shall be advised of the procedures governing the land use and development commission's consideration of an application for a conditional use permit. D. When several combined land uses exist or are proposed, the most intensive land use shall be considered the primary activity or use, unless a conditional use permit is issued for a planned unit development as set forth in chapter 18.20 of this title. All nonprimary activities or uses outside a planned unit development shall only be allowed in accordance with the schedule of general controls, unless the same constitute subordinate uses which are customarily incidental to and located on the same lot or in the same building as the primary activity or use. E. Any reference in the schedule of general controls to a use as conditionally permitted does not constitute a finding or declaration by the city council that such use would necessarily be consistent with the comprehensive plan of the city. The land use and development commission and city council shall not approve an application for a conditional use permit for a particular proposed use unless such proposed use is found to be consistent with the comprehensive plan and conforms to the criteria set forth in Section 18.28.050 of this title. (Ord. 241 ~ 2-3, 1983). SECTION 4: Schedule of General Controls for Newly Designated Residential Land Use Districts. Section 18.08.040(A) of the Chubbuck Municipal Code is amended to read as follows: 18.08.040 Schedule of General Controls. A. Land Uses by District. A R-1 R-2 R-3 R-4 C-1 C-2 I Advertising Agency X X X X X KC ~P ~P Agricultural Implement Sales X ~ ~ ~ ~ X-- P-- P-- Agricultural (except Livestock) P ~ ~ ~ ~ p p p Amusement Center, Indoor Only X X X X X C ~P KC Animal Care Site C ~ ~ ~ ~ X C-- ~ Aquarium Shop X ~ ~ ~ ~ C P C-- ORDINANCE - Page 5 4T-25 A Art Gallery X Asphalt Plant X Auction Service X Automotive Parts Store X Bakery Goods Store X Bank-Savings and Loan X Barber Beauty Shop X Bar Supply Shop X Bath House, Sauna or Mineral X Battery Mfg. X Battery Sales X Bearing Supply Shop X Beverage Bottling Plant X Boat Dealer X Book Store X Bowling Alley X Brick Sales Yard X Building Supply Outlet X Cabinet Shop X Candy Store X Carpet & Rug Cleaner X Car Wash X Caterer Service X Cement or Clay Products Mfg. X Cemetery C Ceramic Store X Chemical Storage & Manufacture X Child Care Center C Church C Cleaning, Laundry Shop X Convenience Store C Concrete Batch Plant X Dance, Music or Voice Studio X Department Store X Drapery and Upholstery Shop X Drive-In Restaurant X Drug Store X Electric Contractor Shop X Electric Motor Repair X Electronic Equipment & Supplies X Employment Agency X Equipment Rental & Sales Yard X Exercise Salon X Exterminating Company X Fabric Store X Feed Manufacture & Storage X Feed & Seed Store & Fertilizer X Film Processor X Finance Company Office X R-1 R-2 R-3 R-4 C-1 C-2 C X P P P X KP P C C C C C SX P C PC P P KP X P P P X P X P X C P X ORDINANCE - Page 6 4T-25 A R-1 R-2 R-3 R-4 C-1 C-2 I Firearms Sales and Repair X X X X X Fire Equipment Sales X ~ ~ ~ ~ Fireplace Store X X X X X Florist Store X ~ ~ ~ ~ Food Processing Plant X ~ ~ ~ ~ Frozen Food Locker X X X X X Fuel Yard X ~ ~ ~ ~ Funeral Home X X X C C Furniture Refinishing X ~ ~ ~ ~ Furniture Store X ~ ~ ~ ~ Garment Store X X X X X Gift Shop X ~ ~ ~ ~ Glass Shop X X X X X Golf Course C ~ ~ ~ ~ Government Facilities C ~ ~ ~ ~ Grain Storage X ~ ~ ~ ~ Greenhouse X X X X X Grocery Store X X X X X Home Occupation C ~ ~ ~ ~ Hospital C C C C C Hotel X ~ ~ ~ ~ Housecleaning Agency X X X X X Ice Cream Parlor X X X X X Ice and Dry Ice Manufacturer X X X X X Ice Skating Rinks C C C C C Industrial Equipment & Supplies X ~ ~ ~ ~ Insulation Contractor X X X X X Irrigation Systems & Equipment X ~ ~ ~ ~ Jewelry Store X X X X X Karate - Jiu-Jitsu Instruction X ~ ~ ~ ~ Kennel (Hobby) P P P P P (Commercial) C ~ ~ ~ ~ Laboratory, Medical, Dental or Optical X X X X X Landscaping P ~ ~ ~ ~ Laundromat, Self-Service X ~ ~ ~ ~ Lawn Mower Sales & Service X X X X X Linen Supply Services X ~ ~ ~ ~ Livestock P X X X X Locksmith X X X X X Machine Shop X X X X X Manufacturing X X X X X Meat Packing Plant X X X X X Microfilming Service X X X X X Mining Equipment Supplies X ~ ~ ~ ~ Monument Works X X X X X Motel X ~ ~ ~ ~ Motorcycle Store X X X X X X P X P KP X P P P KP X X C X P P X X C C P X X ~P P X P KP P P X X P P KC C C C C C X X P X P P C P C C C X P X KC P P P X X P P C C C X P P X P P X P P KC P X K~ P X P P P X C C KP P X P P C P KC P KP X P ~P X X X KP P X C P X C P X X C KC P P X C P X C P X P X P )~P ORDINANCE - Page 7 4T-25 A R-1 R-2 R-3 R-4 C-1 C-2 I Moving & Storage Company X Muffler & Exhaust Sales & Services X Music Store X Non-Residential Production Bldg (for uses otherwise allowed) P Nursing Home C Office, Professional X Paint Store X Paper Distributors X Parking Lot, Garage,or Facility X Pet Grooming Service Pet Shop Photographic Studio Planned Unit Development Plumbing Contractor & Shop Printing X X X C X X X X X X X C P X X X X X P KP X X X X MC P X Production Buildings (for uses otherwise ~llow~d) Class I P P P P C Class II C C C C C Class III (outside Production Building Cluster Arrangements) X X X X X Class III (within Production Building Cluster Arrangements) P X X P P Production Building Cluster Arrangement C X X C C Production Building Sales X ~ ~ ~ ~ Public Utility Yard X X X X X Publishing X ~ ~ ~ ~ Railroad Yard or Shops X ~ ~ ~ ~ Recreational Vehicle Sales X ~ ~ ~ ~ Rendering Plant X X X X X Residential Dwellings (subject to density--restrictiOns) Single household dwelling P P P P C Duplex ~ ~ ~P ~ ~ Three-plex X X X P P Four-plex X X X P P Apartment Building X X X X P Restaurant ~ ~ ~ ~ ~ Retail Stores & Services X ~ ~ ~ ~ Riding Stable or School P X X C C Roadside Stand P ~ ~ ~ ~ Roofing Contractor X X X X X Salvage Site X X X X X Sanitary Landfill C ~ ~ ~ ~ School C C C C C Shelter Home C X C C C S~½e H~eh~ ~we½~ P P P P P C C X C C X X X X X X X X X X X P KP X C P KC C P X C P X P KP X X X C C X C C X C C C C P KP KP P KC X C C C C C X KC P X X X X X C C C C C C C ORDINANCE - Page 8 4T-25 A R-1 R-2 R-3 R-4 C-1 C-2 I Site Buildings (for uses otherwise allowed) P P P P P P P P Service Station X X X X X C P P Swimming Pool Sales X X X X X X P KP Taxi Service X ~ ~ ~ ~ KC P P-- Television Studio, Radio Station X X X X X KC P KP Terminal Yard, Trucking X X X X X X C P Tire Shop, including recapping X ~ ~ ~ ~ X P P Tool Repair Shop X X X ~ X X P P Tree Service X ~ ~ X ~ C ~P ~P Vehicle Repair X X X X X X P P Vehicle Storage Site X X X X X X C C Warehousing, Wholesaling X X X X X X C P Wedding Chapels, Services X ~ ~ ~ ~ KC P X Welding Equipment & Supplies X X X X X ~X P P Well Drilling X ~ ~ ~ ~ X-- KC P Wood Processing Plant X X X X X X KC C SECTION 5: Density Restrictions for General and Limited Residential Land Use Districts. Section 18.12.040 of the Chubbuck Municipal Code is hereby amended by the adoption of a new Section I to read as follows: I. Density Restriction for Duplexes, Three-plexes, and Four-plexes--In order to maintain an appropriate mixture of single household dwellings, duplexes, three-plexes, and four-plexes, the Design Review Committee, Land Use and Development Commission, City Council, and City Staff shall, in reviewing applications for building permits, design review clearance, and conditional use permits for duplexes, three-plexes, and four-plexes, attempt to achieve a balance among these types of residential dwellings. Within the Limited Residential District (R-2), building permits for duplexes shall be granted or denied so as to ensure that no more than 10% of the structures in any distinct geographical area or subdivision are duplexes. In General Residential Land Use Districts (R-3) design review clearance and building permits for duplexes, three-plexes and four-plexes shall be granted or denied so as to ensure that the number of such structures do not exceed 25% of the total structures located in any distinct geographical area or subdivision. Conditional use permits, building permits, ORDINANCE - Page 9 4T-25 and design review clearance should also be granted or denied within the Limited Residential (R-2) and General Residential (R-3) Land Use Districts so as to avoid any clustering of double or multiple household dwellings in any particular section of a distinct geographical area or subdivision in conflict with the stated goal of establishing a diversity of residential uses in these land use districts. Conditional use permits may be issued so as to cluster duplexes within a Limited Residential (R-2) and duplexes or three-plexes within a Land Use District and building permits and design review clearance may be issued so as to cluster three-plexes and four-plexes within a General Residential (R-3) Land Use District if the same is necessary to take into account unique conditions affecting esthetics, traffic movement and control, municipal services, utilities, or open urban space available for recreation and other purposes. In each instance, the determination of what constitutes a distinct geographical area or subdivision shall be made by the Land Use and Development Commission, subject to de novo review by the City Council. In making this determination, the Commission and Council shall consider the actual boundaries of subdivisions, existing neighborhoods, natural boundaries and barriers such as streams, canals and roads, school and church locations, and other factors which may make a partigular area a distinct and cohesive neighborhood unit. If (1) a subdivision plat designates certain lots for development of duplexes, threeplexes, fourplexes or apartments, (2) the total number of such lots complies with the density restrictions of this section, and (3) the plat has been approved, and filed in accordance with the requirements of Title 17 of this Code, then duplexes, threeplexes, fourplexes and apartment buildings may be constructed on the lots so designated, and on no others within that subdivision. SECTION 6: Establishment of Residential Design Overlay District. Chapter 18.16 of the Chubbuck Municipal Code is hereby amended to read as follows: 18.16.010: Purpose. The design overlay districts ~s are superimposed over other land use districts and e~ are intended to guide the general appearance and arrangement of commercial, s~ industrial and intense residential uses in order to create an attractive and dynamic "downtown business center", ~ ~ ~e~ ~ assure the compatibility of satellite commercial establishments and industrial areas with ORDINANCE - Page 10 4T-25 their surrounding neighborhoods, and assure the compatibility of dense residential land uses with surrounding neighborhoods. 18.16.020: District Boundaries and Land Use Map. The commercial design overlay district shall comprise and be co-extensive with all commercial and industrial districts, as described in Appendix A and as depicted in the land use map comprising Appendix B. The residential design overlay district shall comprise and be co-extensive with all commercial and industrial districts and the General Residential (R-3) and Dense Residential (R-4) Land Use Districts, as described in Appendix A and as depicted in the land use map comprising Appendix B. 18.16.030: Uses. Uses permitted within the design overlay district are the same permitted in the districts over which they are superimposed. 18.16.040: Design Review. A. Ail uses in districts with which the commercial design overlay district is combined shall be required to obtain design review clearance prior to obtaining building permits. All three-plexes, four-plexes and apartments in districts with which the residential design overlay district is combined shall be required to obtain design review clearance prior to obtaininq building permits. All applications shall be accompanied by appropriate architectural and site development plans to scale, prepared by a registered Architect or Engineer licensed by the State of Idaho, which shall show structure locations, landscaping, plans for irrigation systems in landscaped areas, permanent existing trees, ground treatment, fences, off-street parking and circulation, location and size of adjacent streets, north arrow and property lines, drawings of major exterior elevations showing building materials and proposed color scheme, plans for buffering the proposed use from adjoining property, existing grade and proposed new grades. All such drawings and plans shall be reviewed by a design review committee consisting of the mayor, city engineer, city building official, a member of the city's land use and development commission, and a member of the city council and may be further reviewed by the City Council upon request of the applicant, any interested party, or by a member of the City Council. The committee shall meet from time to time at the call of the mayor. ORDINANCE - Page 11 4T-25 B. The committee (and council, as appropriate) shall consider the following matters in reviewing the application: 1. Consideration relating to traffic safety and traffic congestion: a. The effect of the site development plan on traffic conditions on contiguous streets. b. The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exists, drives, and walkways. c. The arrangement and adequacy of off-street parking facilities to prevent traffic congestion. d. The location, arrangement, and dimensions of truck loading and unloading facilities (in the commercial design overlay district). e. The circulation patterns within boundaries of the development. f. The surfacing and lighting of off-street parking facilities. 2. Considerations relating to outdoor advertising (in the commercial design overlay district): a. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent developments. 3. Considerations relating to landscaping: a. The location, height, and materials of walls, fences, hedges, and screen plantings to ensure harmony with adjacent developments or to conceal storage areas, utility installations, or other unsightly development. b. The planting of irrigated ground cover, landscaping or surfacing to prevent dust and erosion and improve the .aesthetics of the proposed use. c. The unnecessary destruction of existing healthy trees. ORDINANCE - Page 12 4T-25 e site layout. Considerations relating to structures and a. The consideration of exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in the facades and fencing on streets, line and pitch of roof and arrangement of structures on the parcel. 5. Considerations relating to drainage. a. The effect of the site development plan in relation to the adequacy of the storm and surface water drainage proposals. C. Promptly after receipt of an application for design review clearance, the committee shall either approve or deny such application. In approving an application, the committee may impose additional conditions or limitations as deemed necessary. Upon granting or denying the application, the committee shall specify: 1. The ordinance and standards used in evaluating the application. 2. The reason for approval or denial. 3. The actions, if any, that the applicant could take to obtain a building permit. D. The committee's decision shall be set forth in a written memorandum lodged with the City Clerk and shall become final if no written request for review has been received by the Clerk prior to the conclusion of the next regularly scheduled City Council meeting. If such a request is received, the matter shall be reviewed by the City Council at the next available meeting, with reasonable notice furnished to the ~e~e½~pe~ applicant. In approving or denying any application upon review, the City Council shall follow the procedures and standards of this subsection. SECTION 6: Severability. In the event that any provision of this ordinance is, for any reason, held invalid by a court of competent jurisdiction, such holding shall not affect the remaining provisions of this ordinance or of the ordinance hereby amended. ORDINANCE - Page 13 4T-25 SECTION 7: Repeal. Ail provisions of the ordinance hereby amended, or of any prior ordinance which are in irreconcilable conflict with the provisions of this ordinance, are hereby repealed to the extent of such conflict. SECTION 8: Effective Date. Adoption of this ordinance having been preceded by public hearing conducted upon due notice, and the public interest requiring that the provisions herein be enacted without delay, the rule requiring ordinances to be read on three (3) separate days one of which shall be a reading in full, is hereby dispensed with, and this amendatory ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 27th day of ~AYOR May , 198 6. ATTEST: CITY CLERK ORDINANCE - Page 14 4T-25