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0755 Revisions to Title 18 Land UseCITY OF CHUBBUCK, IDAHO ORDINANCE NO. 7� AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, MAKING REVISIONS TO TITLE 18, "LAND USE"; AMENDING THE DEFINITIONS OF ACCESSORY STRUCTURE, BLOCK, HOME OCCUPATION; PLANNED UNIT DEVELOPMENT, STREET; REVISING THE DEFINITIONS OF SINGLE FAMILY RESIDENTIAL (R- 1), LIMITED RESIDENTIAL (R-2), GENERAL RESIDENTIAL (R-3) AND DENSE RESIDENTIAL (R-4); ELIMINATING THE RESTRICTION ON PERCENTAGES OF CERTAIN TYPES OF CONSTRUCTION WITHIN A DEFINED GEOGRAPHIC AREA; CONDITIONALLY PERMITTING DUPLEXES WITHIN AN R-2 ZONE; ADDING PLANNED UNIT DEVELOPMENT - PUD AS A ZONING DISTRICT AND PROVIDING DEFINITIONS THEREOF; REVISING 18.08.020 AS TO HOW ZONING DISTRICTS ARE DEPICTED; AMENDING 18.12.030 TO REMOVE THE HOME OCCUPATION SECTION AND THE OFF STREET PARKING SECTION FROM THAT CHAPTER; AMENDING 18.12.040(E) TO ALLOW A SEVEN FOOT STANDARD FENCE AND (F) CHANGING THE DEFINITION OF A SITE TRIANGLE; REVISING (I) TO SIMPLIFY THE DENSITY RESTRICTIONS FOR ABUTTING ZERO LOT LINE RESIDENCES, DUPLEXES, THREEPLEXES AND FOURPLEXES; REVISING THE RESTRICTIONS IN A C-1 ZONE IN 18.12.060; REVISING 18.12.070 TO REQUIRE CERTAIN COMPONENTS OF A POWER GENERATING WINDMILL TO BE CERTIFIED BY A PROFESSIONAL ENGINEER; REVISING THE USE AND SITING REQUIREMENTS OF 18.13.090 FOR WIRELESS TELECOMMUNICATION FACILITIES; REVISING THE DESIGN CRITERIA FOR 18.13.110 FOR WIRELESS TELECOMMUNICATION FACILITIES; REVISING THE SITE TRIANGLE DEFINITIONS IN 18.14.020, LANDSCAPING REQUIREMENTS; REVISING THE MAP REFERENCES FOR THE DESIGN OVERLAY DISTRICT IN 18.16.020; REVISING THE MEMBERS OF THE DESIGN REVIEW COMMITTEE 18.16.050; REVISING THE OWNERSHIP REQUIREMENTS OF 18.20.050 TO FILE FOR A PLANNED UNIT DEVELOPMENT; CHANGING VARIOUS SECTIONS FROM CITY ENGINEER TO PUBLIC WORKS DIRECTOR; AMENDING 18.28.020 TO CLARIFY THE THREE HUNDRED FOOT MEASURE FOR NOTICE IS FROM THE PERIMETER FROM THE SUBJECT PROPERTY CONSISTENT WITH STATE CODE AND CHANGING THE ORDER FOR THE CONDUCT OF THE HEARING; REPEALING 18.08.040 IN ITS ENTIRETY AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF GENERAL CONTROLS FOR LAND USES BY DISTRICTS IN 18.08.040; ADOPTING A NEW SCHEDULE OF GENERAL CONTROLS AND REGULATIONS AS 18.08.042; ADOPTING LOT DEPT TO WIDTH RATIOS AS 18.08.040; ADOPTING THE OFF STREET PARKING REQUIREMENTS AS PART OF THE SCHEDULE OF GENERAL CONTROLS IN 18.08.046; ADOPTING SUPPLEMENTAL CONTROLS FOR HOME OCCUPATIONS AS 18.12.032; ORDINANCE - Page 1. chubbuck 050516 ord title 18.wpd REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF TITLE 18 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Deleted sections of Title 18: The following sections of Title 18 of the Chubbuck Municipal Code are deleted in their entirety: 18.06.370, 18.08.040 A, B and C, 18.12.030 G and I, Section 2. Amended sections of Title 18: The following amendments to Title 18 are hereby adopted: 18.06.030: ACCESSORY STRUCTURE: A "structure" (defined herein) which is located on the same lot with, and erected concurrently with or subsequent to, a principal structure, and which is used in a manner incidental and subordinate to the principal stricture which exceeds 200 square feet thereby requiring a building permit . 18.06.070: BLOCK: A piece or parcel of land or group of lots en ireirsurrounded by public streets, streams, railroads or parks or a combination thereof. 18.06.110: HOME OCCUPATION: Any economic activity, conducted entirely within a dwelling structure which is clearly incidental and secondary to the use of the structure for residential purposes, and which meets the conditions and requirements set forth in subsection i s. i 2. 390 18.12.032 of this title. 18.06.180: PLANNED UNIT DEVELOPMENT (PUD): One or more structures embracing a combination of land uses within an integrated and harmonious scheme, developed under unified control. 18.06.300: STREET: A way for vehicular traffic except: A. Parking lot or area for traffic movement within the parking lot; B. A way that is iess than one hundred fifty- feet (150') in length; or B.E. A way that serves or is intended to serve less than three (3) households. 18.08.010: ENUMERATION OF DISTRICTS: The following land use districts are hereby established: ORDINANCE - Paoe 2. chubbuck 050516 Q title 18.tvpd 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-1): The purpose of this district is to provide for neighborhoods of single household dwellings and class I production buildings. Major home occupations may be allowed as defined in Section 18.08.040 and 18.12.032 or conditionally permitted. An abutting :. .., :.IWLT.. C. Limited residential (R-2): The purpose of this district is to provide for neighborhoods of single household dwellings, class I production buildings, abutting zero lot line residences and-el*exes'. An abutting zero lot line residence may be conditionally permitted in an existing R-2 development and is permitted in a proposed R-2 subdivision if each lot upon which a zero lot line residence would be constructed is disclosed on the preliminary and final plats. Duplexes may be conditionally permitted enless air exception is granted, no more than ten percent (10%) of the D. Limited residential P (R -2P): The purpose of this district is the same as limited residential (R- 2) and any amendments to limited residential (R-2) shall apply to the limited residential P (R -2P) zone; provided however the lot sizes for single-family homes shall be reduced to allow for smaller lots to accommodate either zero lot line residences or to allow a single-family home to be built on one-half (,) of a zero lot line residence but with setbacks for a single-family home. E. General residential (R-3): The purpose of this district is to provide for diversity in the arrangement and density of residential uses. Duplexes, abutting zero lot line residences, threeplexes and fourplexes shall be allowed, but in order to maintain an appropriate mixture of single household dwellings; i duplexes, abutting zero lot line residences, threeplexes and fourplexes, the issuance of building permits and design, abutting zero lot litic residences, threeplexes and ffitnpicxes shall bc regulated so that duplexes, nbuttin6- shall not compose more than twenty five percent (25%) of the strictures in any subdivision, unless an exception is granted to allow a larger percentage of such structures. The defined geogr aphic ate an or subdi vision shall, hi each case, be established by the land use and development commission. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this title. ORDINANCE - Page 3. chubbuck 050516 ord title 18.wpd F. 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 abutting zero lot line residences, duplexes, threeplexes and fourplexes. lei_` tire density oFtesidelftial development within this zone, single household dvvellings, abutting zero 10 line rcsidences, and duplexes will be allowed by conditional ase 't. Single household dwellings, abutting zero lot line residences duplexes tT-hreeplexes, fourplexes and apartments are permitted. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this title. G. Limited commercial (C-1): The purpose of this district is to provide for small office uses and neighborhood scaled convenience business uses which serve nearby residential areas. The goal of this district is to integrate limited commercial activity and professional offices with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between commercial and professional uses and the residential uses within the same neighborhood. Such a designation is appropriate where commercial activities are to be provided in the midst of a neighborhood for the benefit of the residents thereof. Such benefits may include convenience, energy conservation or related factors. Such a designation may properly apply to a limited area located in a convenient place relative to the circulation pattern for both vehicles and pedestrians within a neighborhood. Some larger establishments may be conditionally permitted if compatible with adjoining uses. Application of this district would also be appropriate where its permitted or conditionally permitted uses might serve as an effective buffer between a residential neighborhood and nearby commercial or industrial uses. H. 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. I. 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. J. Planned Unit Development —PUD: The purpose of this district is to embrace a combination of land uses, provide a maximum choice of living environments. Allow a more useful pattern of open space and recreation areas, a development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns. 18.08.020: DISTRICT BOUNDARIES AND LAND USE MAP: The foregoing districts shall be located, as described in appendix A and as depicted on the !and use inap M hich comprise depicted on the land use map on file in the city clerk's office and incorporated herein by reference and shall be subject to future amendment in the same manner as other provisions of this chapter. Where conflicts exist between the district locations shown on the land use map in and the future land use scheme set forth in the city's comprehensive plan, such conflicts shall be ORDINANCE - Paoe 4. chubbuck 0505 16 ord title 18.wpd eliminated by ordinance, following transfer of title to property or request from the landowner(s), when the city council finds that such action is timely for the orderly transition of affected neighborhood(s). 18.08.030: GENERAL CONTROLS BY DISTRICT: A. The general controls for each district set forth by this title shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided: No structure or land shall be used or occupied and no structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located and in conformity with all other applicable laws, codes or regulations. 2. No building or other structure shall be erected or altered to: a. Provide for greater height or bulk; b Accommodate or house a greater number of families; C. Occupy a greater percentage of lot area; d. Have narrower or small rear yards, front yards, side yards or other open spaces, other than as herein provided, or any other manner be contrary to the provisions of this title. 3. No side yards in a lot within A, R-1 or R-2 districts, which are improved by an inhabitable stnicture at the time of passage of this title, shall be reduced in width below five feet (5'). Areas and dimensions of all other lots and yards shall meet at least the minimum requirements set forth herein. 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 building official or the design review committee may, in accordance with the procedures set forth in subsection C of this section, 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. Any proposed use which is not specifically mentioned in the schedule below, 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 subsection C of this section, that such use should only be allowed upon the issuance of a conditional use permit. ORDINANCE - Page 5. chubbuck 050516 ord title 18.wpd 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 making this determination, the city building official and design review committee shall rely upon the criteria and standards set forth in subsection 18.28.040C of this title. If a conditional use permit 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 issu 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 constitutes 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. 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: A. Accessory Structures: May not be located within: a) the front yard, and b) the minimum side yard setback area required by subsection 18.08.040B of this title extended twenty feet (20') to the rear of the principal stricture. 2. Shall not be located closer than twenty feet (20') from any residential stricture on adjoining lands. Consisting of railroad cars, trick trailers or vans, or production buildings formerly used as a dwelling are excluded from all residential and agricultural districts and may only be allowed in industrial and commercial districts upon issuance of a conditional use permit. 4. Shipping containers, including containers used on oceangoing vessels and/or railcars are generally excluded from all residential districts, except as provided herein, but are allowed in agricultural, industrial and commercial districts upon issuance of a conditional use permit and are permitted on a temporary basis ORDINANCE - Page 6. chubbuck 050516 ord title 13.wpd without a conditional use permit in industrial and general commercial districts for up to one hundred eighty (180) days. The building official may allow a shipping container in any district, including a residential district, during construction for use by the contractor and any subcontractors for the period of construction not to exceed ninety (90) days. If the container(s) is in a rusted, blighted or deteriorated condition, it shall not be allowed or, if already in place, shall be removed, whether or not a conditional use permit has been granted. A shipping container may be allowed in a residential district for purposes of allowing household goods to be moved or stored temporarily for a period not to exceed ninety (90) days; the above provisions for rusted, blighted or containers in a deteriorating condition shall apply and containers shall not block roadways or driveways. B. Animal Care Sites: I Will be located at least three hundred feet (300) from any residence including motels and hotels, except for an owner's residence, unless the animals are completely housed in soundproof structures that completely screen them from 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. C. Bulk Storage Of Flammable Liquids And Gases: Bulk storage of flammable liquids and gases, aboveground and for resale shall: Be located at least three hundred feet (300) from a residential zone, a residence, motel or hotel, except for an owner's residence. 2. Be erected subject to the approval of the fire chief, and in accordance with the international fire code. 3. Have suitable loading and unloading spaces and off street parking facilities subject to the approval of the fire chief. D. Storage And Manufacturing Of Chemicals, Pesticides And Fertilizer: Chemicals, pesticide and fertilizer storage and manufacturing activities shall have adequate fire protection, storage areas, warning signs and handling and disposal practices as approved by the fire chief and in accordance with the international fire code as adopted. E. Drive -In Establishments: Drive-in establishments shall: ORDINANCE - Page 7, chubbuck 050516 ord title 18.wpd 1. Be enclosed on the property line with maintained landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties. 2. Have a minimum six foot (6) high, solid fence along the property lines that adjoin residential property or residentially zoned areas. 3. Provide for adequate trash receptacles. 4. Avoid the direction of night lighting toward any residence. F. Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources Of Commercial Value: 1. Upon depletion, the area shall be reclaimed and restored to its original appearance, to the extent feasible, and in accordance with a reclamation plan approved by the land use and development commission and city council and all temporary structures or equipment shall be entirely removed from the property. 2. Safety fencing shall be erected around all pits that create a safety hazard. fiG. Kennels: 1. Commercial kennels shall: a. Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs in such commercial kennel, which cage, structure, dog run or kennel: 1) shall have a minimum area of fifteen (15) square feet for each dog kept therein; 2) shall be located at least three hundred feet (300) from any structure intended for human occupancy or use, except for the owner's residence; 3) shall have such screening fence or structure as may be necessary to confine the dogs and screen them from public views and from views from abutting properties; and 4) shall contain facilities for the disposal of animal waste, other than through the use of the city's garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties. b. Comply with all other state and local regulations relative to such operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. ORDINANCE - Page 8. chubbuck 050516 ord title 18.wpd 2. Hobby kennels shall: a. Only be maintained upon a lot which has a minimum area of four thousand (4,000) square feet for each dog kept on such lot, regardless of the number of persons keeping or harboring dogs on such lot. b. Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs kept in such hobby kennel, which cage, structure, dog run or kennel: I shall have a minimum area of fifteen (15) square feet for each dog kept therein; 2) shall be located as far as possible from any structure intended for human occupancy or use, except for the owner's residence; 3) shall, in any event, be located at least one hundred feet (100) from any such structure, except for the owner's residence; 4) shall have such screening fence or structures as may be necessary to confine the dogs and screen them from views from abutting properties; and 5) shall contain facilities for the disposal of animal waste, other than through the use of the city's garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties. Comply with all other state and local regulations relative to such an operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. H J. Outdoor Storage: Outdoor storage of commercial and industrial products or materials shall: Be enclosed by properly maintained screening fence or other structure sufficient to screen the commercial and industrial materials from the view of existing adjoining, residential property or residentially zoned areas, whether or not such property is separated by an alleyway or street. 2. Not be located in any front yard setback area. 1K. Production Building Cluster Arrangement: Cluster arrangements are mandatory for class III production buildings. The following standards shall apply to residential clusters, and shall control in event of conflict with any other provision of this title: The minimum area to be developed shall be two (2) acres. ORDINANCE - Page 9. chubbuck 050516 ord title 18.wpd 2. The minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be ten (10). The intent of the clustered arrangement being for long term residential occupancy, no space shall be rented for periods less than thirty (30) days. 4. Off street parking areas shall be provided at the rate of at least two (2) car spaces for each dwelling. Clusters shall be buffered against adjoining land uses in the same manner prescribed for nonresidential uses adjacent to residential uses, in subsection 18.12.020C of this chapter. 6. There shall be at least twenty feet (20') between dwellings and at least twenty feet (20') between an individual dwelling and any adjoining pavement areas of a park, street, sidewalk, common parking area or other common area. There shall be at least a twenty foot (20') rear yard for each dwelling on which an accessory building not to exceed eighty (80) square feet shall be allowed. Notwithstanding the foregoing, for any production building cluster arrangement in existence on January 1, 1999, the front yard setback from the dwelling to any adjoining pavement areas of a park, street, sidewalk, common parking area, or other common area shall not be less than ten feet (10') and the rear yard setback shall have a minimum of twenty feet (20') between dwellings with an accessory building allowed for each dwelling not to exceed eighty (80) square feet each. Awnings open on three (3) sides shall be allowed as an attachment to the side of a dwelling provided there is at least ten feet (10') from the awning to the other dwelling or attachment to the dwelling on an adjoining area. 7. All improvements within the cluster arrangement including streets and utilities shall be completed within two (2) years from the issuance of the conditional use permit. The cluster arrangement shall be screened from adjoining property and streets by a solid fence, with such additional landscaping as the city council may require. The developer of a cluster arrangement shall be required to obtain design review clearance for the overall development prior to obtaining a conditional use permit. 10. No cluster arrangement shall be allowed where access to the court is by a local, as opposed to arterial or collector, street. 11. Signs shall not exceed nine (9) square feet. Under no circumstances may such signs be of exposed neon or have any flashing or moving parts. ORDINANCE - Page 10. chubbuck 050516 ord title 18.wpd 12. Each dwelling space shall be a minimum of five thousand (5,000) square feet in area. 13. Each dwelling space shall contain no more than one production building and each such building shall be a single-family dwelling. 14. Except as otherwise provided herein, the cluster arrangement shall meet all applicable provisions of titles 16 and 17 of this code, as they may be amended. The city council shall have the right in approving a production building cluster arrangement under this section to impose any additional conditions, including C> increasing the above standards and requiring the approval of operating and management standards, which are found by the council necessary to the area where it is located. JE. Production Building Sales Office: Anything in this title to the contrary notwithstanding, a production building sales site may use one class 1, class 11 or class III production building as a sales office. KM. Riding Stables And Schools: Riding stables and schools shall: I Locate all stables or loafing sheds not nearer than three hundred feet (300) from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line. 2. Be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties, as to the storage of horse trailers and the factors of noise and odor. 3. Be required that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance. LN. Vehicle Storage Sites: Vehicle storage sites shall: I Be enclosed by a properly maintained screening fence sufficient to keep vehicles on the premises from public view and from the view of existing adjoining residential property or residentially zoned areas, whether or not such property is separated by an alleyway or street. Any screening fence constructed to satisfy this requirement shall not exceed eight feet (8) in height, measured from the natural elevation of the land. These requirements shalt supplement other provisions of this title and, if another provision also applies, the more restrictive shall control. 2. Be free of all weeds and other rank vegetable growth. ORDINANCE - Page 11. chubbuck 050516 ord title 18mpd 3. Not contain more than two (2) acres. MO. Vehicle Sales Sites: Vehicle sales sites shall be operated and maintained in compliance with the following standards: A minimum distance of three feet (Y) shall be maintained between vehicles displayed for sale. 2. No vehicles shall be parked within the dimension of a sight triangle defined in subsection 18.14.020F of this title. 3. Vehicles offered for sale shall be displayed in an orderly manner and be kept clean and display an appearance of being operable. Ni'. Permit Procedures For Residential Rental Dwelling: I Any person applying for a residential rental dwelling shall make application as set forth in this title; provided, however, that person shall, on an application form provided by the city, list the names and addresses of all owners of record and known occupants of property within the external boundaries of the land being considered and, from the outermost points where applicant's property borders the city street, for three hundred feet (300) each way from that point along and on either side of said city street. 2. If the applicant will own and occupy the property and all of the above described owners or occupants sign applicant's application for a residential rental dwelling permit, then said permit shall be granted. If any occupant or owner of record refuses to sign, then applicant shall be required to have a conditional use permit for the residential rental dwelling. If applicant does not own the property and/or will not occupy the property, the applicant will be required to have a conditional use permit for the residential rental dwelling,, 18.12.040: MISCELLANEOUS SUPPLEMENTAL CONTROLS: A. Conversion Of Dwelling To More Units: A dwelling may not be converted to accommodate an increased number of household units unless: The yard dimensions still meet the requirements herein for new structures in that district. ORDINANCE - Page 12. chubbuck 050516 ord title 18.),vpd 2. The lot area per household equals the lot area requirements for new structures in that district. The conversion is in compliance with all other relevant codes and ordinances. B. Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period constriction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. C. Parking And Storage Of Certain Vehicles: Vehicles, campers or trailers of any kind or type without current license plates shall not be parked or stored in any residential district other than in completely enclosed garages or carports. However, boats, travel trailers and detached campers may be stored in the side or rear yard. D. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi -household residential uses shall be enclosed on at least three (3) sides by a well maintained solid wall or solid fence of at least five feet (5) in height or within an enclosed building or structure, unless the trash and/or garbage is confined to a single residential container. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be provided. E. Fences: Except where screen or buffer fences are otherwise required or authorized by this title, a fence shall not exceed seven feet (7'} in height; provided -,-however, the building official, building inspector or a designee of either of them may authorize a fence height of up to eight feet (8`) based on a consideration of these factors: 1. Security need. 2. Type of commercial use bordering residential or residentially zoned area. 3. Aesthetics. 4. Surrounding property uses. 5. Fences in immediate area. F. Obscuring Line Of Sight Vision Prohibited: No structure, fence, object or vegetation shall be constructed, placed, allowed to grow or permitted to remain at any location where it materially obscures line of sight vision from a street, vehicularway or driveway to any point within forty feet (40') at intersecting street, and -fifteen feet (15') at intersecting vehicularways or driveways. ORDINANCE - Pale 13. chubbuck 050516 ord title 18.wpd G. Dedicated Street Rights Of Way: No structure, fence or tree shall be constructed, placed, allowed to grow or permitted to remain within any dedicated street right of way, regardless of the width of the street. The property owner shall maintain any curb and sidewalk within the right of way and shall keep the right of way clear of obstructions or other hazards. H. Parking In Public Streets Or Rights Of Way: No persons living at a household in a residential land use district shall keep and regularly and continuously park, in any public street or right of way adjoining the premises where the household is located, more than one motor vehicle per household. Additional motor vehicles and any campers, trailers, boats or other vehicles shall be parked off the public street or right of way. 1. Density Restriction For Abutting Zero Lot Line Residences, • • • in i • • i • • • of single E ottseholddwellings, abill zerc lot fine residences, duplexes,•fomplexes, the design ievicw ■ Biomass ON age awl't".'NPIT@r.60 molLazeir. is Ill Mi UKIO tell I mk'loawtgl vivo IL".Wg twi".,M Big] -I%%" ItIL-ME Nk-A-0 OIL" all OMWADMrAINAtil =NO L.Okli 1111. IsINIINal - - - - ii!- I ■ - - • i - ■V. - - - • Ravi an Iii W.4 litlgmt IM I = BLVI-ilki 11111101 is • • L 111111luti• VON Bel• - •ge IN - ■ - ■ Noss JIM It ■ i • Iin a - - - - • • • • • • • • • • •Lamm ORDINANCE - Page 14. chubbuck 050516 ord title 18.wpd designates certairy lots fbi development of abtitfing zero lot line residences, , ,Y ) the total number of stith lots complies with the densityreshictions of this section, arid 3) the plat has been approved, and filed in accordance with th . . �ncnts of title 17 of this code, then abutting zero lut fine residences, dnplexes, , allowed.fourplexes arid apmtment buildings inay be constructed on the lots so designated, and on no others within that subdivision, rinless late, conditionally permitted, if otherwise Exceptions allowing a greater percentage of structures than otherwise allowed in a particular zone may be recommended by the land use and development commission and granted by the council upon notice and public hearing in accordance with section 18.28.020 of this title and consideration of the factors in subsection 18.28.040C of this title. 18.12.060: RESTRICTIONS IN A LIMITED COMMERCIAL (C-1) ZONE: The following restrictions shall be applied by the design review committee, the land use and development commission and the city council when a structure will be built or placed in a limited commercial (C-1) zone and at least one of the abutting properties is zoned residential or is used for residential uses: A. The building height shall not exceed thirty five feet (35') unless the building on a residentially zoned property or a residence on an adjoining lot exceeds that height, in which case the limits of subsection 18.08.040B of this title for a C-1 zone shall apply. B. The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property unless conditionally permitted. C. Mechanical equipment must be reasonably located or screened to limit sound transfer to nearby residentially zoned lands during constriction. D. During construction, noise producing mechanical equipment must be reasonably located from any common property line with residentially zoned lands. E. Fences shall be maintained along residential property lines to prevent the intrusion of unwanted light, dust or blowing debris. F. Openings in buildings and activity centers on sites shall be located to minimize interference with residential uses. G. Drainage from buildings and parking lot areas shall be detained on site and shall be directed away from residential land which abuts neighborhood commercial and professional uses. H. Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of the commercial or professional office activities into the adjacent residential neighborhood. ORDINANCE- Page IS. chubbuck 050516 ord title 18.wpd I. No on street parking shall be used by employees. J. Light to allow lighting of the site shall not exceed fifteen feet (15') in height and shall be directed away from residences or residentially zoned land in the vicinity of the site and the light emitted shall be confined to the site as much as reasonably possible with the technology available. K. The buffering requirements of subsection 18.12.020C of this chapter shall be followed. 18.12.070: POWER GENERATING WINDMILL: Power generating windmills also known as wind turbines shall be conditionally permitted in all areas within the city, subject to the following: A. The windmill shall be of a monopole design and shall not utilize guywires for stability or safety. A proper building permit for the construction of the base shall be required and appropriate engineering data furnished by the applicant and/or the provider of the unit to assure adequate safety and stability of the pole. B. The maximum height of the zone as set forth in subsection 18.08.040B of this title shall apply to the height of the highest point of the unit whether the highest point of the pole or the highest point of the blade. C. The waivers provided in subsection 18.12.020E of this chapter shall not apply. D. The maximum noise level at the property line between the property upon which the unit is located and adjacent property shall not exceed fifty five (55) dBA. E. The setbacks from the unit to the property line upon which the unit is located shall not be less than the maximum height of the unit as built. F. The distance between the ground and the lowest point of any portion of the blade on the unit, while operating, shall not be less than ten feet (10'). G. The unit shall be a nonobtrusive color such as white, off white or gray; shall not be artificially lighted unless required by the federal aviation administration or other applicable authority and shall not display advertising including flags, streamers or decorative items except for the identification of the manufacturer, facility owner and operator. H. No ladder or other means of climbing the unit shall exist permanently between the ground and the lowest eight feet (8') of the unit so children may not readily climb the unit. ORDINANCE - Page 16. chubbuck 050516 ord title 18.wpd 1. The installation and design of the unit shall conform to applicable industry standards, including those of the American National Standards Institute, if applicable, and shall take into account local conditions. J. All structural, electrical and mechanical components of the unit shall be certified by a professional engineer and conform to relevant and applicable local, state and national codes. K. If any unit is not used to generate electricity for a continuous period of one hundred eighty (180) days, the owner of the property shall have one hundred eighty (184) days from the expiration of the one hundred eightieth day of nonuse to decommission the unit which includes removing the turbine, pole and all components. 18,13.490: USE PRIORITY ON PUBLIC PROPERTY AND SITING REQUIREMENTS: A. Use Priority: Where public property is sought to be utilized by an applicant, priority for the use of city owned land for wireless antennas and towers will be given to the following entities in descending order: I. City of Chubbuck; 2. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Chubbuck and private entities with a public safety agreement with the city of Chubbuck; 3. Other governmental agencies, for uses which are not related to public safety; and 4. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (FCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, internet, paging, and similar services that are marketed to the general public. B. Minimum Requirements: The placement of personal wireless service facilities on city owned property must comply with the following requirements: The facilities will not interfere with the purpose for which the city owned property is intended; 2. The facilities will have no significant adverse impact on surrounding properties; The applicant will obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards including cost for removal of facilities at end of lease agreement The city shall establish fees after considering ORDINANCE - Page 17. chubbuck050516 ord title 18.wpd comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors; 64. The antennas or tower will not interfere with other users which have a higher priority as discussed in subsection A of this section; 6.5 The lease shall provide that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant's expense; -7.6 The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant's facilities; 97. The applicant must obtain all necessary land use approvals; 9.8 The applicant must cooperate with the city's objective to encourage collocations and thus limit the number of cell sites requested, and camouflage the site; and +6.9 The applicant must comply with requirements for maintenance of the facility site, including, but not limited to, keeping lawns mowed, providing litter control and maintaining trees and other vegetation in a healthy state, or such stricter requirements as may be set forth in any design review meeting minutes or conditional use permit, or decision of a reviewing body. C. Special Requirements For Parks: The use of city owned parks for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met: The land use and development commission has reviewed and -mad -c -a recornmendation granted a Conditional Use Permit for the regarding proposed personal wireless service facilities to be located in the park and thirecolliMendationninst be forwarded to the city cotincil foi s , 2. Before personal wireless service facilities maybe located in public parks, the applicant shall demonstrate to the satisfaction of the city of Chubbuck that visual impacts have been mitigated to the fiillest extent reasonably possible and that accommodations have been included in the design and placement so that there would be no disruption of normal public use of the park; ORDINANCE - Page 18. Chubbuck 050516 ord title 18.wpd The applicant shall clearly demonstrate that the placement of the personal wireless service facilities in a public park is absolutely necessary for the effective operation of the applicant's personal wireless service, and that alternate placement would not be reasonably possible. D. Required Submittals: Design review, application for conditional use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of applicable codes and regulations of the city of Chubbuck: I Photo simulations of the proposed facility from affected residential properties and public rights of way at varying distances; 2. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility-, 3. A signed statement indicating that: a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location and b) the applicant and/or landlord agree to remove the facility within sixty (60) days after abandonment; 4. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC para. 1. 1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment; 5. A site plan clearly indicating the location, type and height of the proposed tower and antenna, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures; 6. A current map and aerial showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city; 7. Legal description of the parcel, if applicable; A current map showing all existing towers and antennas of the applicant located within the city; ORDINANCE - Page 19. chubbuck 050516 ord title 18,wpd 9. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; 10. A landscape plan showing specific landscape materials; 11. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination; 12. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations; 13. A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; and, if not, the reasons it will not accommodate collocation; 14. Certification acceptable to the city that the equipment, facilities or their use will not interfere with other adjacent or neighboring transmission or reception functions or other neighborhood uses; 15. The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations; 16. If the applicant is not the telecommunications service provider, the applicant shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC; 17. A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter; and 18. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. ORDINANCE - Page 20. chubbuck 050516 ord title 13.wpd 18.13.110: DESIGN CRITERIA: A. As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons. B. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site. I Setback: A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to one hundred percent (100%) of tower height as measured from ground level, unless applicant demonstrates that because of design, landscaping or screening, unusual geographic limitations or other public policy considerations such a setback is unnecessary and the city, in its sole discretion, determines such a setback is not necessary. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the city. Such considerations shall include by way of illustration and not limitation, but are not limited to: a. Impact on adjacent properties; b. Alternative sites for personal wireless facilities; and C. The extent to which screening and camouflaging will mitigate the effects of the personal wireless facilities. 2. Right Of Way Setback Exception: The setback requirement may be waived if the antenna and antenna support structure is located in the city right of way. View Corridors: Due consideration shall be given so that placement of towers, antenna, and personal wireless service facilities do not obstruct or significantly diminish views of the mottiftains west and sotith of thc-citr. 4. Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. Security fencing should be colored or should be of a design which blends into the character of the existing neighborhood. ORDINANCE - Page 21. chubbuck 050516 ord title l8mpd 5. Lights, Signals And Signs: No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, in cases where there are residences located within a distance which is three hundred percent (300%) of the height of the tower, then dual mode lighting shall be requested from the FAA. 6. Equipment Structures: Ground level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures. The standards for the equipment buildings are as follows: a The maximum floor area is three hundred (300) square feet and the maximum height is twelve feet (12'). Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than two hundred fifty feet (250') from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures. b. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances, code sections or regulations. C. Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antennas may also be located within the building on which the antenna is mounted. d. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures. Equipment buildings, antenna, and related equipment shall occupy no more than twenty five percent (25%) of the total roof area of the building the facility is mounted on, which may vary in the city's sole discretion if collocation and an adequate screening stricture is used. The use must be approved on a site plan or final development plan, as applicable. 7. Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised ORDINANCE - Paoe 22. chubbuck 050516 ord title 18.wpd standards and regulations within three (3) months of their effective date or the time lines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider's facilities at the provider's expense. 8. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty (30) days, the city may remove the tower at the owner's expense. If the structure is determined by the city to pose an imminent danger to the public, the city shall be entitled to abate the danger through the processes and according to the timetables of the international building code and the 1997 uniform code for the abatement of dangerous buildings. 9. Structural Design: Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guywires. 10. Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with antictimbing devices, as approved by the manufacturers. ORDINANCE - Page 23, chubbuck 050516 ord title 18.mvpd 10-M 9 MFWPPW PMDM ------- 5 n I MWA a a" t"Milk1*1 ILIA M"M WA I I M It M ORDINANCE - Page 23, chubbuck 050516 ord title 18.mvpd +2. Tower And Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily; provided additional height beyond the minimum may be allowed if necessary to accommodate collocation. No tower or antenna that is taller than this minimum height shall be approved unless necessary to accommodate collocation. No tower or mount shall exceed one hundred feet (100') in any park, industrial zone or commercial zone. Towers in residential areas are not allowed unless integrated with another structure. A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. +3112. Required Parking: If the cell site is fully automated, adequate paved parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off street parking shall be made and documentation thereof provided to the city. +413. Tower Separation: In no case shall towers be located closer than five hundred feet (500') from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity. 1-514. Antenna Criteria: Antennas on or above a structure shall be subject to the following: a. The antenna shall be as architecturally compatible as reasonably possible, with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration C� as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. Iii no event shall an antenna project more than sixteen feet (16') above the roofline including parapets. C. The antenna shall be constructed, painted, or (ally screened to match as closely as possible the color and texture of the building and wall on which it is mounted. d. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. ORDINANCE - Page 24. chubbuck 050516 ord title 18,wpd e. If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color. f. The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility. 9. Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques shall be evaluated by the city, in the city's sole discretion. h. In addition to the other requirements of this chapter, on buildings thirty feet (30') or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied: (1) The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall. (2) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein. (3) The antenna or antennas and related base stations cover no more than an aggregate total of twenty five percent (25%) of the roof area of a building, which may vary in the city's sole discretion, if collocating and an adequate screening structure is used. (4) Roof mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. (5) No portion of the antenna may exceed sixteen feet (16') above the height of the existing building. If a proposed antenna is located on a building or a lot subject to a site review, C� approval is required prior to the issuance of a building permit. No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with city ordinances and regulations. ORDINANCE - Page 25. chubbuck 050516 ord title 18.wpd k. No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the city may require a third party technical study, at the expense of either or both parties, to resolve the dispute. 1. No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is collocated with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the collocation. in. Antennas shall comply with FCC regulations to minimize interference with the reception of any other communications signals including public safety, television, and radio broadcast signals. n. No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter. 18.13.130: INSPECTION REQUIREMENTS: Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and within sixty (60) days of the inspection file a report with the city building offi Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator's maintenance reports for the prior twelve (12) months in the event no FCC report is required for such year, shall satisfy the requirements of this section. 18.14.020: LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFF STREET PARKING AND OTHER VEHICULAR USE AREAS: All areas used for the display or parking of any and all types of vehicles, boats or construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use of such property, hereinafter referred to as "other vehicle uses", including, but not limited to, activities of a drive-in nature such as filling stations, grocery and dairy stores, banks, restaurants and the like, shall conform to the minimum landscaping requirements hereinafter provided, save and except areas used for parking or other vehicular uses within buildings, and parking areas serving single household dwellings and Z-1 ID duplexes. A. Installation: All landscaping shall be installed in a sound workmanlike manner and according to accepted planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements. The city building official, or his representative, shall inspect ORDINANCE - Page 26. chubbuck 050516 ord title 18.Nvpd all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided. B. Maintenance: The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. Landscaping shall be maintained in good condition so as to present a live, healthy, neat and orderly appearance and shall be kept free from weeds, refuse and debris. All landscaped areas, except those utilizing nonliving durable material, shall be provided with a readily available water supply with an automated water conserving (or water efficient) delivery system designed to maximize the benefit of water without waste. All dead trees and shrubs shall be removed and replaced no later than June 30 of the following growing season. C. Plant Material: 1. Quality: Plant material used to obtain compliance with this chapter shall be of a high quality equivalent to that provided by local reputable nurseries. 2. Trees: Trees shall be species having an average mature spread of crown of greater than fifteen feet (15). Trees shall be not less than one to one and one-half inch caliper size at time of planting; provided, all trees must be planted and staked, if necessary, according to professional nursery standards. No tree or plant which may cause damage to public roadways or sidewalks or which is regarded as a "trash" tree or plant shall be planted. A list of accepted tree, shrub, and ground cover species shall be maintained by the city building official for review by the public. Any other tree, shrub or ground cover species may be planted only upon prior approval from the city building official. Hedges: Shrubs composing hedges shall be a minimum of two feet (T) in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of three (3) years after time of planting. 4. Shrubs: Shrubs shall be not less than a three (3) gallon size when planted. D. Required Landscaping Adjacent To Public Rights Of Way: On the site of a building or open lot use providing an off street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right of way, excluding dedicated alleys, there shall be provided landscaping between such area and such right of way, as follows: 1. A strip of land at least ten feet (10') in depth located between the abutting right of way and the off street parking area, other vehicular use area or structure and which is exposed to an abutting right of way shall be landscaped, such landscaping to ORDINANCE - Page 27. chubbuck 050516 ord title 18.%vpd include one tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and the off street parking area, other vehicular use area or structure and shall be planted in a planting area of at least twenty five (25) square feet with a dimension of at least ten feet (10). The required landscaping shall also include a hedge or a planting of at least one shrub for each five (5) linear feet of the landscaped area. The remainder of the required landscaped area shall be landscaped with grass, ground cover, or other landscape treatment, excluding paving. 2. All property other than the required landscaped strip lying between the right of way and off street parking area or other vehicular use area shall be landscaped. Necessary accessways from the public right of way through all such landscaping shall be permitted to service theparking or other vehicular use areas and such accessways may be subtracted from the linear dimension used to determine the number of trees and shrubs required. 4. If landscaping is required under this section, the owner, in addition to the landscaping required by the above provisions, shall landscape any areas within the street right of way that is contiguous with owner's property line and not covered by pavement, curb, gutter, sidewalk or other such improvements that cover the soil in such a way that planting is not feasible. E. Parking Area Interior Landscaping: Off street parking areas and other vehicular use areas shall have interior landscaping covering at least five percent (5%) of the total parking lot area for lots with ten (10) or more parking spaces. In addition, other vehicle use areas shall have one square foot of interior landscaping for each one hundred (100) square feet of paved area. Where the property contains both parking areas and other vehicle use areas, the two (2) types of areas shall be treated separately for the purpose of determining the required amount of landscaping. Each separate landscaped area shall contain a minimum of fifty (50) square feet and shall have a minimum dimension of at least five feet (5'). The landscaped areas maybe located so as to break up the expanse of paving or may be located adjacent to any strictures located on the property. One tree shall be planted for every two hundred (200) square feet of interior landscaping. All remaining land in the area designated for landscaping shall be covered by shrubs, ground cover or other authorized landscaping material not to exceed three feet (3') in height. Plans showing location, size and type of plant materials for landscaping in parking areas shall be included in all applications for a building permit or design review clearance and compliance with this chapter shall be a condition to the issuance of such a permit or clearance. 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 triangular areas described below shall provide unobstructed cross visibility at a level between three feet (3� ORDINANCE - Page 28. chubbuck 050516 ord title 18.wpd and ten feet (10'); provided, however, trees or foliage extending into the cross visibility area shall be allowed, provided, they are so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three feet (3) from the edge of any accessway pavement. The triangular areas above referred to are: The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right of way line with two (2) sides of I nl�, each triangle beingfifteen feet(15'),te—n-Im-�L �TO-7 in length from the point of intersection of the edge of roadway and accessway and the third side being a line connecting the ends of the two (2) other sides. 2. The area of property located at a comer formed by the intersection of two (2) or more public rights of way with two (2) sides of the triangular area being forty fee (40') thirty feet -(_3" in length along the abutting public right of way lines, measured from their point of intersection of the edge of roadway, and the third side being a line connecting the ends of the other two (2) lines. 18.16.020: DISTRICT BOUNDARIES AND LAND USE MAP: The commercial design overlay district shall comprise and be coextensive with all commercial and industrial districtsi as described in nppendix2k, attached to the otdinance codified hcrein, and as dcpicted 1H t11%, IaLld Use Ma . . – ippendix B, aftached to the ordinwice codified here the residential design overlay district shall comprise and be coextensive 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, attached to the ordinance codified herein, and as depicted in tile fail t1se Ma . . _ appendix B, "ittached to the oidinaticc codified herein and shall be as depicted upon the land use map on file in the city offices. 18.16.040: DESIGN REVIEW: A. All uses in districts with which the design overlay district is combined shall be required to obtain design review clearance prior to obtaining building permits. All applications shall be accompanied by appropriate architectural and site development plans to scale which shall show structure locations, landscaping plans (including the landscaping materials to be used and the location of landscape 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, existing grade and proposed new grades. All such drawings and plans shall be reviewed by the design review committee. B. The design review committee (and council, as appropriate) shall consider the following matters in reviewing the application: 1. Consideration Relating To Traffic Safety And Traffic Congestion: ORDINANCE - Page 29. chubbuck 050516 ord title 18.wpd 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, exits, drives and walkways. C. The arrangement and adequacy of off street parking facilities to prevent traffic congestion. d. The location, arrangement and dimension of truck loading and unloading facilities. 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: 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 ground cover or surfacing to prevent dust and erosion. C. The unnecessary destruction of existing healthy trees. d. Compliance with the requirements of chapter 18.14 of this title. 4. Considerations Relating To Structures And Site Layout: 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. Considerations Relating To Drainage: 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. The actions, if any, that the applicant could take to obtain a building permit. ORDINANCE - Page 30. chubbuck 050516 ord title 18.wpd D. The committee's decision shall be set forth in a written memorandum lodged filed 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 request is received, the matter shall be reviewed by the city council at the next available meeting, with reasonable notice furnished to the developer. In approving or denying any application upon review, the city council shall follow the procedure of this subsection. 18.16.050: DESIGN REVIEW COMMITTEE: The design review committee, for purposes of this title and titles 16 and 17 of this code, shall be composed of the mayor, city engirreerRjLblrc works director, city planner, building official/fire chief, city attorney, police chief and the chairman of the land use and development commission or the chairman's designee. The city clerk shall be ex officio secretary of the committee. Any decision by the committee is subject to review by the city council at the next city council meeting, with notice to affected parties and an opportunity for the affected parties to explain their position to the city council. The council may reverse, affirm or modify any decision of the committee. The committee shall meet from time to time at the call of the city clerk. 18.20.050: OWNERSHIP REQUIREMENTS: An application for approval of a PUD shall be filed by a property owner or a person having contractual interest in the property to be included in the PUD. The PUB application shall be filed in the rittilIC 01 IlarliCs of the recorded Owin't 01 omicrsof property included in flic HUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. Howe ver, thl- I 18.20.060: COMMON OPEN SPACE AND OTHER REQUIREMENTS IN RESIDENTIAL PUDS: A. A minimum of ten percent (10%) of the gross land area development in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or uses of the area being developed. The city may allow a credit for lands so reserved, against dedication of park land otherwise required by title 17 of this code. Front, side and rear yard setback areas shall not be included in the calculation of the common open space required. B. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or if approved by city council be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements or right of way for watercourses and other channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or similar purpose. The common open space must be usable ground and not wasteland with no other practical purpose. ORDINANCE - Page 31. chubbuck 050516 ord title 18.wpd Consideration may be given to land with a natural setting such as a natural wooded area or a natural sage and grass area. Drainage or storm water retention is permitted in common areas. C. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan. D. If possible, every property developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight (8) townhouse units in any contiguous group. E. In a residential PUD, each dwelling unit shall have at least one hundred (100) square feet of usable private space, such as a patio, deck or garden area. F. The nonresidential portion of a PUD must be buffered from residential portions and adjoining residences or residentially zoned properties. 18.20.110: PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT: PUDs are allowed in any land use district within the city; provided the following procedure is utilized and the plan is approved by the city council after appropriate public hearing and review by the land use and development commission. In reviewing any PUD, the land use and development commission and the city council shall take into account the criteria and standards set forth in subsection 18.28.040C of this title. A. The developer shall meet with the city engineer public works director to discuss submission of a preliminary development plan and preliminary plat. The purpose of this meeting is to review early and informally the purpose and effect of this title and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan and land use and development regulations. B. An application for approval of a preliminary development plan and preliminary plat shall be filed with the cityclerkpublic works director by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate: 1. Name, address and phone number of applicant. 2. Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan. 3. Legal description of property. 4. Description of existing use. 5. Land use districts. ORDINANCE - Page 32. chubbuck 050516 ord title 18.wpd 6. A vicinity map at a scale approved by the engineer, showing property lines, streets, existing and proposed uses to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services, zoning of immediately adjacent property and street names. 7. A preliminary plat at a scale approved by the engineer, showing topography at two foot (2) intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets; rights of way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the engineer deems necessary, location and type of residential, commercial and industrial land uses and proposed square footage of all structures. 8. Proposed schedule for the development of the site. 9. Proposed architecture, elevations and building plans. Building plans must include building elevations stating proposed building heights and a statement regarding type and color of building materials with emphasis on architectural design and aesthetic value. Color renderings of building materials and structure should be provided with the application and be in a form to be viewed by the public at all public hearings. 10. Photographs of similar developments, whether developed by applicant or others not related to applicant, shall be provided along with data showing how applicant's proposal conforms as far as elevation, setbacks, buffers, distance between buildings and amenities as well as relation to improvements on adjoining unrelated properties. 11. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years. 12. Proposed square footage of all structures must be indicated. 13. Information of immediately adjacent property, including zoning and street names, must be included. The application for a preliminary development plan and preliminary plat shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest. C. Where any information required by this section is similar to information required to be presented by the developer in compliance with title 17 of this code, such information may be utilized for both purposes. ORDINANCE - Page 33. chubbuck 050516 ord title 18.wpd D. The same provision for public hearing and legal notification as set forth in this title for preliminary and final plat approval shall be followed. The applicant or a representative shall be present at all public hearings. Failure to so attend may result in the application being denied or tabled. E. At or within thirty (30) days after the public hearing, the land use and development commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations as well as how the project compares to the standards and criteria of subsection 18.28.040C of this title. The commission shall recommend to the city council whether or not the preliminary development plan and preliminary plat should be approved. The city council, after appropriate notice and hearing, shall review the preliminary development plan and preliminary plat. If approved by the city council, the final development plan shall be submitted to and reviewed by the commission prior to council consideration of the final development plan. F. Upon approval in principle of a preliminary development plan by the city council, an application for approval of the final development plan may be filed with the city clerk ublic works director by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information: A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site; including major wooded areas, structures, streets, easements, utility lines and land uses. 2. All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use consideration suitable for adjacent properties. A schedule for the development of units to be constructed in progression and a description of the design plan(s) for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development. ORDINANCE - Page 34. chubbuck 050516 ord title 18.wpd Whenever the applicant proposes an exception from standard land use district regulations or other ordinances governing development the exception shall be clearly listed and defined by the applicant. 4. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities, street improvements and nature and extent of earthwork required for site preparation and development. The plan shall show the adequacy of the utilities and streets proposed are suitable and adequate to carry anticipated loads, and increased densities will not be such as to overload the utility and street networks outside the PUD. 5. Site plan, showing building(s), various functional use areas, circulation and their relationship. 6. Preliminary building plans, including floor plans and exterior elevations. 7. Landscaping plans. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained. G. Within sixty (60) days after receipt of the final development plan, the commission shall recommend to the city council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The commission shall then transmit all papers constituting the record and the recommendation to the council. The city council shall review the final development plan and approve, approve with supplementary conditions or deny said plan. Approval shall not be given unless the council finds that: 1. The proposed development can be initiated within two (2) years of the date of approval. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD. ORDINANCE - Page 35. chubbuck 050516 ord title 18.wpd 4, Any proposed commercial development can be justified at the locations proposed 5. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the commission. 6. The area surrounding said development can be planned and developed in coordination and substantial compatibility with the proposed development. 7. The PUD is in general conformance with the comprehensive plan. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. 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. H. The approval of a final development plan for a PUD shall be effective for a period not to exceed two (2) years. If no construction has begun within two (2) years after approval has been issued, it shall expire. An extension of the time limit may be approved, without further hearing or recommendation by the commission, if the council finds that such extension is not in conflict with the public interest. Any modification of the final development plan shall be reviewed by the commission and then submitted to the council with the recommendation of the commission for approval, denial or approval with conditions of the proposed modification. 18.28.020: HEARING PROCEDURES: A. Application: Any person who owns, or has a contractual interest in real property governed by this title may submit a written application under oath, with ten (10) copies thereof, to the city clerk public works director, in a form which the clerk public works director may prescribe, for issuance of a conditional use permit, variance, design review clearance, designation of a geographic area or revision of a use district and may submit a petition, with ten (10) copies thereof to the city clerk of an amendment to the city's comprehensive plan or of this title. The applicant or petitioner shall pay to the clerk a hearing, notice and application fee and, for an application for a conditional use permit, variance, designation of a geographic area or revision of a use district, an additional hearing notice fee for each owner of record and/or occupant affected by the application, said fee to be in an amount then in effect as set by resolution of the city council, which fee may be changed from time to time by city council resolution. The applicant for a conditional use permit, variance or revision of a use district shall furnish the clerk a written list of the names and addresses of all owners of record and known occupants of properties within ORDINANCE - Page 36. chubbuck 050516 ord title 18.wpd three hundred feet (300') of the perimeter of the subject property. Such list shall be deemed to identify all owners or occupants affected by the application. Any omission of notice due to a defect in the list shall be grounds for revocation or modification of any action taken upon the application. B. Contents Of Application: All applications and petitions shall be accompanied by such information and materials as are otherwise required by this title or as the city clerk may reasonably require. C. Notices: Upon receipt of a petition or application, with all required fees, lists and information, or upon direction from the mayor if the city intends to revise, on its own initiative, the comprehensive plan, use districts or other provisions of this title, the city clerk forthwith shall schedule a hearing before the land use and development commission or design review committee and, except where the application is for design review clearance, shall cause notice of hearing: 1) to be published once in the official newspaper at least fifteen (15) days prior to the hearing; 2) to be disseminated generally to other local news media; and 3) to be posted prominently at the city offices. If the application is for a conditional use permit, variance, designation of a geographic area or revision of a use district, the city clerk shall also cause notice of hearing to be mailed to the owners of record and known occupants of property within the external boundaries of the land being considered, within three hundred feet (300') of the lands or structures affected by the proposed action, and within any additional area that may be impacted by the proposed change or conditional use as determined by the commission. D. Conduct Of Hearing: All hearings before the commission, except hearings on applications for design review clearance, shall be held as a public hearing, with opportunity for public comment or testimony. All public hearings provided for in this title shall be held in accordance with this subsection and shall follow the order set forth hereinafter: 1. Presentation by applicant or petitioner. +.2. Explanation of subject of hearing by city staff, including recommendations, if any. ICS1.31tation by applicant or petitioner. 3. Testimony from audience in favor of and/or against the proposal. 4. Questioning of involved parties by participants in the hearing. 5. Closure of oral testimony. 6. Discussion of hearing subject among commission or council members. Questions may also be directed to city staff. 7. Conclusion of hearing process. The presiding officer may limit the time allotted to presentation of oral testimony in a public hearing. Said allocation of time shall provide for a reasonable opportunity for proponents or opponents of an issue to be heard. The presiding officer may exclude repetitious, personally malicious and irrelevant testimony. Written testimony must be submitted at least seven (7) days (weekends and holidays to be counted) prior to the public hearing, shall comply with the standards for oral testimony, shall include the signature and address of the submitter, shall be made available to ORDINANCE - Pave 37. chubbuck 050516 ord title 18,wpd persons in attendance at the public hearing, or shall be read in full. A transcribable, verbatim record of all hearings shall be maintained for six (6) months after a final decision has been reached on the matter. Upon written request and within the time period herein provided for the retention of the record, any persons may have the record transcribed at his expense. Minutes of all hearings and proceedings shall also be kept and maintained indefinitely in accordance with city ordinance. E. Approval Or Denial Of Application Or Petition: Within thirty (30) days after the scheduled hearing on the application or petition, or such other time limits as may be imposed by this title, the commission or, where appropriate, the design review committee shall decide whether to grant a variance, conditional use permit, design review approval or designated geographic area and shall decide whether to recommend that the use districts be revised or that the city's comprehensive plan or this title be amended. The commission shall make a written record of the findings, in accordance with the requirements of this chapter, and enter its decision. A copy of the written record of the findings shall be mailed to the applicant or petitioner within fifteen (15) days after the commission's decision. F. Consideration Of Recommendations And Appeals: If a written appeal from the approval or denial of a variance, designation of geographic area or conditional use permit is filed with the clerk by the applicant or petitioner, the review of the approval or denial of a variance, designation of geographic area or conditional use permit is to be reviewed pursuant to a vote of the city council, the review by the city council of an application for a design review clearance is requested pursuant to chapter 18.20 of this title, or a recommendation as to revisions of the use districts or amendments of the city's comprehensive plan or this title is made by the commission, the appeal, review or recommendation shall be placed on the agenda of the next available regularly scheduled city council meeting. If the recommendation relates to a change in land use district, or an amendment of the city's comprehensive plan or this title, a public hearing shall be conducted at or prior to the city council meeting, using the same notice and hearing procedures utilized for proceedings before the commission, as provided for in this chapter. The council shall, within thirty (30) days after the public hearing, make a written record of its findings in accordance with the requirements of this chapter, and enter a decision. A copy of the written record of the findings shall be mailed to the applicant or petitioner within fifteen (15) days after the council's decision. G. Standards And Criteria: The approval, denial or review on appeal, by the design review committee, commission or council, of any application provided for in this title shall be based upon the applicable purposes, standards and criteria set forth in this title. H. Form Of Decision: The approval, denial, recommendation or review on appeal by the design review committee, commission or council, of any application provided for in this title, shall be in writing and shall be accompanied by a statement in the form of findings of facts and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon and explain the justification of the decision based on the criteria, standards and facts set forth. The design review committee, commission and council shall state what actions, if any, ORDINANCE - Pa -e 38. chubbuck 050516 ord title 18.wpd applicants could take to obtain design review clearance, variances, designation of geographic areas or conditional use permits that have been denied. Section 3. Adoption of new sections of Title 18: The following sections are hereby adopted: 18.08.040 Schedule of General Controls - Land Uses By Districts: I Land Uses Land Use Districts A I R-1 R-2' R-3 R-4 C- I Agricultural / Natural Resources Agricultural (except livestock) P P P P P P P P Agricultural Feed and Seed Store x x x x x x P P Asphalt Plant x x x x x x x x Concrete Batch Plant X X X X x X X C Livestock P P P P P C C C Riding Stable or School P x x C C x C C Wood Processing Plant x x x x x x C C Arts, Entertainment, Tourism, Recreation Aquatic / Activity Rec Center x x x x x C P C Amusement Centers x x x x x C P C Art Gallery x x x x x C P C Dance, Music or Voice Studio- x x x x x C P P Exercise Salon x x x x x P P C Golf Course C C C C C C C C Martial Arts Instruction x x x x x C P C Museum x x x x x C P C Civic Services Cemetery C C C C C C C C Church C C C C C C C C Government Facility C C C C C C C C Newspaper, Printing & Publishing x x x x x C P P Publishing x x x x x C C P School C C C C C C C C TV Studio, Radio Station x x x x x C P P Commercial Retail Adult Business x x x x x x x C Automotive Parts Store X x x x x C P P Automotive Sales. x x x x x C P P Bakery Goods Store x x x x x C P P Bookstore x x x x x I C P C ORDINANCE - Page 39. chubbuck 050516 ord title 18.wpd Land Uses Land Use Districts A R-1 R-2' R-3 R-4 C-1 C-2 I Convenience Store C X X X X C P C Department Store X X X X X X P C Drive-in Restaurant X X X X X C P P Equipment Rental and Sales Yard X X X X X X P P Green House X X X X X X P P Grocery Store X X X X X C P C Hobby Store and Crafts X X X X X C P P Industrial and Agricultural Equipment Sales and Supply X X X X X X P P Pet Shop and Supplies X X X X X C P P Production Building Sales X X X X X X P P Recreational Vehicle Sales, Service & Supply X X X X X X P P Restaurant X X X X X C P P Retail Stores and Services X X X X X C P C Roadside Stand P X X X X C C C Tire Shop, IncludingReca in X X X X X X P P Yard and Garden Sales and Services X X X X X C P P Commercial Services Animal Care Site C X X X X X C P Auction Service X X X X X X P P Car Wash X X X X X X P P Cleaning, Laundry Shop X X X X X C P P Exterminating Company X X X X X X P P Hotel X X X X X X P C Kennel Commercial C X X X X X C C Kennel Hobby P P P P P P P P Motel X X X X C X P P Office Professional <10,000 square feet) X X X X X P P C Office Professional >10,000 square feet X X X X X C P P Photographic Studio X X X X X P P P Printing X I X X X X C P P Service Station X X X X X C P P Wedding Chapels, Services X X X X X C P C Health and Human Services Barber / Beauty Shop X X X X X C P C ORDINANCE - Page 40. chubbuck 050516 ord title 18.wpd Land Use Districts Land Uses A R-1 R-23 R-3 R-4 C-1 C-2 I Bathhouse Sauna, Mineral X X X X X X C C Childcare Center C C C C C P P P Funeral Home X X X C C C P C Hospital C C C C C C C C Lab, medical, dental oro tical X X X X X C P C Nursing Home C C C C C C C C Shelter Home C X C C C C C C Industrial / Manufacturing" Battery Manufacture X X X X X X X C Beverage Bottling Plan X X X X X X C P Cement or Clay Products Manufacture X X X X X X X C Chemical Storage and Manufacture X X X X X X X C Contractor Shop and Yard X X X X X X P P Food Processing Plant X X X X X X X C Furniture / Cabinet Shop X X X X X X P P Ice and Dry Ice Manufacturing X X X X X X P P Laboratory Research X X X X X C C P Machine Shop X X X X X X C P Manufacturing Light X X X X X X C P Manufacturing Heavy X X X X X X X C Meat Packing Plant X X X X X X X C Public Utility Yard X X X X X X C P Railroad Yard Site X X X X X X C P Recycling Center X X X X X X C C Rendering Plant X X X X X X X X Well Drilling X X X X X X C P Residential Home Occupation Major P' P' P' P` P' X X X Home Occupation Minor P' Pt P' P' P' X X X Production Buildings (for other uses allowed) Class I P P P P C C C C Class 11 C P P P C C C C Class III (outside production buildings cluster arrangements) X X X X X X X X Class III (within production buildings P X X P P X X X ORDINANCE - Page 41. chubbuck 050516 ord title 1 &.wpd Land Uses Land Use Districts A R-1 R-2' R-3 R-4 C-1 C cluster arrangements) Residential Dwellings (subject to density restrictions) Single Household Dwelling P P P P C C C X Duplex C X P P P C C X Three lex X X X P P C C C Fou lex X X X P P C C C Apartment Building X X X X P C C C Residential Rental Dwelling C P2 P2 P P P C C Zero Lot Line Residence (subject to restrictions) C C P P P C C X Warehouse and Storage Feed Manufacture and Storage X X X X X X X C Frozen Food Locker X X X X X X P P Fuel Yard X X X X X X X C Grain Storage X X X X X X X P Moving and Storage Company X X X X X X C P Nonresidential Production Building (for uses allowed) P P P P P P P P Commercial Laundry Service X X X X X X P P Parking Lot, Garage or Facility X X X X X X P P Production Building Cluster Arrangement C X X C C X X I X Salvage Site X X— X X X X X X Sanitary Landfill C X X X X X X C Self Service Storage Facility C X X X C C C P Site Buildings (for uses otherwise allowed) P P P P P P P P Terminal Yard, Trucking X X X X X X C P Vehicle Storage Site X X X X X X C C Warehousing, Wholesaling X X X X X X C P Notes: A temporary deviation from this schedule may be permitted by the design review committee for a period not exceeding 36 months. 1. Permitted unless objections by any person as set forth in subsection 18.12.032 of this title, in which case the matter is treated as a conditional use permit. ORDINANCE - Page 42. chubbuck 050516 ord title 18.wpd 2. Permitted if owner occupied and no objections by any person as set forth in subsection 18.12.030N of this title. If there are objections or if not owner occupied, the applicant must apply for a conditional use permit. 3. The schedule for R-2 shall apply to an R -2P zone. 18.08.042 Schedule of General Controls - Regulations: 1. Height And Area Reaulations: Note: ORDINANCE - Page 43. chubbuck 050516 ord title I8.wpd inimum Lot Are Minimum Minimum Minimum MinimumPer Household Land Use Alaximum Height Front Yard Setback Rear Yard Setback Side Yard Setback' Total Yard Width Dwelling n Square Feet [,acre District 35' 25' 20' 14'- 5' 70' -I 35' 25' 20' 14'- 5' 70' 7,000 first iousehold, plus ,000 each dditional -2 35' 25' 20' 14'- 5' 60' 5,000 first iousehold,plus ,500 each additional -2P 35' 25' 20' 14'- 5' 50' 5,000 per iousehold with ao more than 34% of the 1 ivvelling and -3 50' 15' 15' 101-01 40' 5,000 first ousehold, plus 1,500 each dditional -4 60' 10' 10' 101-01 40' 2,400 first Household, plus 1,000 each additional -1 45' 10' 1 10' 1 101-01 40' Same as R-4 -2 70' 10' - - - - 70' 10' - - - - Note: ORDINANCE - Page 43. chubbuck 050516 ord title I8.wpd 1. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In addition, the setback for at least 1 of the side yards shall be a distance of no less than 9 feet. 2. Corner Lot: On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard on one side that is at least the amount of the minimum front yard setback set forth in subsection B I of this section, and the other side on the corner shall be not more than five feet (5) less than the setback set forth in subsection B I of this section. If a garage or carport opens into the smaller of the two (2) setbacks, the garage shall set back the same distance as the required front yard setback on the adjacent corner. 3. Setbacks: Setbacks for a zero lot line residence or a single-family residence in an R - 2P zone shall be the same as that of the land use district within which the development lies except 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'). Two (2) zero lot line residences must be simultaneously constructed to form an abutting zero lot line residence. Construction of a single zero lot line residence is not permitted, unless construction is of a freestanding single-family home in an R -2P zone or on a zero lot line subdivision where a waiver has been granted. 18.08.044 Schedule of General Controls - Lot Depth To Width Ratio: The maximum ratio of lot width to lot depth shall be: Note: 1. Lots in excess of V, acre; lots V, acre or under, no applicable ratio. The lot depth is measured at the farthest point the rear lot line is from the front lot line. The lot width is measured at the point of the front yard setback, and, in the case of a corner lot, the shortest line of the two (2) sides bordering a street shall be used. For tracts that are on hillsides, ORDINANCE - Page 44. chubbuck 050516 ord title 18.wpd irregularly shaped, or that have unusual conditions, drainage, easements or other such matters, which may make these ratios unworkable, the city building official and other applicable city officials shall work with the owner to devise a plan for such a lot that is workable. Any deviations from the above ratios shall be subject to approval by the land use and development commission either at the preliminary plat stage or upon special application to the commission. 18.08.046 Schedule of General Controls - Off Street Parking Requirements: v e Of Use Parking Space Required esidentiai 2 for each household ommercial: Vehicle repair sites 1 for each 2 gasoline pumps and 2 for each ervice ba Hotels and motels I for each sleeping room, plus I space for each employees uneral parlors, mortuaries and 2 for each 100 square feet of floor area in imilar type uses slumber rooms, parlors or service rooms Recreational or entertainment: restaurants, taverns, 1 for each 100 square feet of floor area tc. [F:)iningrooms, ys 2 for each alley or lane phis 2 additional spaces or each 100 square feet of area used for restaurant, cocktail lounge or similar use Dance floors, skating rinks 2 for each 100 square feet of floor area used for he activity utdoor swimming pools, public or 1 for each 5 persons' capacity, plus 1 for each 4 •ommumty or club seats or I for each 30 square feet of floor area used for seating purposes whichever is greater uditoriums, sports arenas, theaters I for each 4 seats and similar uses etail stores 1 for each 250 square feet floor area anks, financial institutions and 1 for each 200 square feet of floor area imilar uses ffices, public or professional 1 for each 200 square feet of floor area dministration or service buildings 11 other types of business or I for each 200 square feet of floor area ommercial uses permitted in any usiness district Institutional: hurches and other places of I for each 5 seats eli ions assembly ORDINANCE - Pa,ge 45. chubbuck 050516 ord title ! 8.wpd In the interpretation of this subsection 1, the following shall govern: 1. Parking spaces for other permitted or conditional uses not listed in this subsection shall be determined by the city council. 2. Fractional numbers shall be increased to the next whole number. 3. Where for any reason parking demand is unusually high or low, then the parking space provisions cited above may be adjusted proportionately by the council without the necessity of a variance. 4. Paved surfaces must be provided for all off street parking, and such surfaces must be I maintained, kept clean and have striping designating the parking area. Such parking spaces and ORDINANCE - Page 46. chubbuck 050516 ord title 18.wpd kospitals 11 for each bed plus I for each 3 employees Sanitariums, homes for the aged I for each 2 beds aursing homes, children homes, -isylums and similar uses Medical and dental clinics I for every 200 square feet floor area of Ixamination, treating room, office and waiting loom �ibraries, museums and art galleries 11 for each 400 square feet of floor area Schools (public, parochial or private): Elementary and junior high schools 2 for each classroom and I for every 5 seats in 3.uditoriums or assembly halls High schools I for every 10 students and I for each teacher �nd employee Business, technical and trade schools I for each 2 students Colleges, universities 1 for each 4 students, I for each 3 employees ind parking for visitors calculated as 25 percent Df the total for students and employees indergartens, childcare centers, 2 for each classroom, but not less than 6 for the ursery schools and similar uses building Manufacturing: I kII types of manufacturing, storage I for every 2 employees (on the largest shift for ind wholesale uses permitted in any which the building is designed) and I for each nanufacturing district motor vehicle used in the business Express, parcel delivery and freight I for every 2 employees (on the largest shift for �em-tinal hich the building is designed) and 1 for each otor vehicle maintained on the premises In the interpretation of this subsection 1, the following shall govern: 1. Parking spaces for other permitted or conditional uses not listed in this subsection shall be determined by the city council. 2. Fractional numbers shall be increased to the next whole number. 3. Where for any reason parking demand is unusually high or low, then the parking space provisions cited above may be adjusted proportionately by the council without the necessity of a variance. 4. Paved surfaces must be provided for all off street parking, and such surfaces must be I maintained, kept clean and have striping designating the parking area. Such parking spaces and ORDINANCE - Page 46. chubbuck 050516 ord title 18.wpd the striping shall comply with acceptable parking lot design and with all appropriate laws including the Americans with-dDisabilities aAct. 5. A paved driveway shall connect the public right of way or other road providing access to the property and the required off street parking. 6. Two (2) or more adjacent or contiguous (other than residential) users of off street parking subject to this subsection I may petition for a conditional use permit to decrease the total number of required parking spaces on the basis that the users have entered into a joint use agreement for parking. In reviewing this conditional use pen -nit, in addition to the requirements set forth in section 18.28.040 of this title, the following factors shall be considered: a. Whether the uses of the property and the suggested number of parking places by the applicant will be compatible as to type of use or hours of use resulting in an actual reduction in the number of parking spaces needed. b. Whether the reduced number of parking spaces is offset by other desirable amenities such as increased landscaping or common area or reduced need for on site storm water retention due to decreased hard surface parking area. C. Such other factors as applicant or the reviewing body may deem appropriate given the proposed use of the land and location of the land with respect to other development. 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: a. The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others. b. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations that carry beyond the premises. ORDINANCE - Page 47. chubbuck 0505 t6 ord title 18.wpd No more than twenty five percent (25%) of the floor area of the dwelling may be used for the home occupation. d. There shall be no advertising, display, or other indications of a home occupation on the premises. e. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks are not allowed, but a person may pick up an order placed earlier as described above. f. No storage or display of goods shall be visible from outside the structure. g. No highly explosive or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. h. A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located. Parties for the purpose of selling merchandise or taking orders shall not be held more than four (4) times each month. A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated. k. No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed. 1. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall not be allowed more than twice each year, and each sale shall not last more than seventy two (72) consecutive hours. in. Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation. ORDINANCE - Page 48. chubbuck 050516 ord title 18.wpd n. Permitted minor home occupations, providing the above regulations are met, Z.I> 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. 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. 0. The uses specified below shall not be permitted as minor home occupations: All uses prohibited as major home occupations. Barbershop. Beauty parlors. Carpentry work. Dance instruction. Dental offices. 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. Television repair. Upholstering. Welding shop. Other similar uses. Any use which changes or may change the character of the neighborhood. B. Major Home Occupations: The following regulations shall apply to all major home C� occupations: a. The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no more than one employee that is not an inhabitant of the dwelling. Notwithstanding this restriction, a daycare provider operating as a home occupation under this chapter, in addition to one employee, may use a licensed daycare employee or licensed volunteer that is not an inhabitant of the home on a ORDINANCE - Page 49. chubbuck 050516 ord title 18,wpd temporary basis when the daycare provider must be absent from the home. "Temporary", as used herein, shall be for not more than fourteen (14) consecutive days. b. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations. C. No more than twenty five percent (25%) of the floor area of the dwelling may be used for the home occupation. d. There shall be no signs present on the property except for one sign, not exceeding four (4) square feet in area, nonilluminated and mounted flat against the wall of the principal structure. e. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales maybe made in connection with other permitted home occupations; for example, a single chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site. f. There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. 9. No significant traffic shall be generated by such home occupation. Any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in subsection I of this section and shall not be located in a required front yard. h. Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation. i. Parties for the purpose of sellingZZ, merchandise or taking orders shall not be held more often than four (4) times each month. ORDINANCE - Page 50. chubbuck 050516 ord title 18,wpd Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted not more than once each month, and each sale shall not last more than seventy two (72) consecutive hours. k. 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. Daycare. Dressmaking. Organized classes with up to six (6) students at one 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. The uses specified below shall not be permitted as home occupations: 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. Any use which changes or tends to change the character of the neighborhood. C. Permit Procedures For Major Home Occupations: a. Any person applying for a permit for a major home occupation shall make application as set forth in this title; provided, however, that person shall, on an application form provided by the city, list the names and addresses of all owners of record of property within the external boundaries of the land being considered and, from the outermost points where applicant's property borders the city street, for three hundred feet (300) each way from that point along and on either side of said city street. ORDINANCE - Page 51. chubbuck 050516 ord title 18.wpd b. If all of the above described owners or occupants sign applicant's application for a major home occupation permit, then said permit shall be granted. If any owner of record refuses to sign, then applicant shall be required to seek the issuance of a conditional use permit for the major home occupation. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Title 18 not herein amended shall remain in effect. Section 2. 'Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. 'Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF AA CHUBBUCK, IDAHO, this 4' day of 11 \01-4— 12016. 0 Kevin B. England, Mayor ATTEST: Richard Morgan, City Clerk ORDINANCE - Page 52. chubbuck 050516 ord title 18.%vpd