HomeMy WebLinkAbout0281 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.
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(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
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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.
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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
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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--
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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
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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
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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
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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,
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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
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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.
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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.
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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.
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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
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