HomeMy WebLinkAbout03 10 1987 Ord. 290PROOF OF PUBLICATION
STATE OF IDAHO
ss.
County of Bannock
CITY OF CHUBBUCK, IDAHO
ORNDINANCE NO. 290
AN ORDINANCE OFTHE CITY OF
CHUBBUCK, IDAHO, ENACTING A
NEW CHAPTER 18.14 OF THE CHUB -
BUCK MUNICIPAL CODE TO PROVIDE
FOR LANDSCAPING REQUIREMENTS
FOR ALL SET -BACK AND YARD
AREAS AND OFF-STREET VEHICU-
LAR PARKING AND OPEN -LOT SALES
AND SERVICE AREAS; AMENDING
SECTION 18.16.040 OF THE CHUBBUCK
MUNICIPAL CODE TO PROVIDE THAT
THE DESIGN REVIEW PROVIDED
FOR IN THAT SECTION SHALL IN-
CLUDE REVIEW OF LANDSCAPING
PLANS AND VERIFICATION OF COM-
PLIANCE WITH THE REQUIREMENTS
OF CHAPTER 18.14; REPEALING
PRIOR CONFLICTING ORDINANCES;
AND PROVIDING WHEN THIS ORDI-
NANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY TH-E MAYOR
AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Purpose. The purpose of
,this ordinance is to improve the appear-
ance of certain set -back and yard areas
and including off-street vehicular parking
and open -lot sales and service areas in
the City of Chubbuck and to protect and
preserve the appearance, character and
value of the surrounding neighborhoods
and thereby promote the general welfare
by providing for the installation and
maintenance of landscaping for screening
and aesthetic qualities, since the City
Council finds that the particular needs of
the City of Chubbuck justify regulations
to develop the City's aesthetic appeal on
a city-wide basis.
.SECTION 2: Landscaping Requirements.
Title 18 of the Chubbuck Municipal Code
is hereby amended by enacting a new
Chapter 18.14, to read as follows:
Chapter 18.14
LANDSCAPING
Section 18.14.010. Definitions. In constru-
ing the provisions of this Chapter the
following definitions Shall apply:
A. Landscaping — Landscaping shall
consist of any of the following or combi-
nations thereof: living material such as,
but not limited to, grass, ground covers,
shrubs, vines, hedges, or trees; and non-
living durable material limited to pea
gravel, walls or fences, bark, decorative
cinder, and decorative rock. Non -living
durable material may be used only for
accent in landscaping areas.
B. Trees -- Frees shall be defined as self-
supporting wood plants of species which
normally grow to an overall height of a
minimum of fifteen (15) feet in Bannock
County, Idaho.
C. Shrubs Shrubs required by this
Chapter shall be self-supporting, woody,
evergreen species, as normally grown in
Bannock County, Idaho.
Section 18.14.020. Landscaping Require-
ments 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 "oth-
er vehicle uses," including, but not limit-
ed 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 landscap.
ing requirements hereinafter provided,
save and except areas used for parking
or other vehicular uses whithin buildings,
and parking areas serving single house
hold dwellings and duplexes.
A. Installation Alk landsraninn eh=ii hn
th deposes and says: That
ntioned a citizen of the United States of Ameri-
f age, and the Principal Clerk of THE IDAHO
newspaper, printed and published at Pocatello,
having a general circulation therein.
lotice, a true copy of which is attached, was
O STATE JOURNAL, on the fallowing dates,
19 87
19
19
19
19
a —'ten continuously and uninterruptedly published
puolT--fight of Way line with two sides of
each triangle being ten (1n) feet in length)d of seventy-eight weeks prior to the publication
from the point of intersection and the
third side being a fine connecting thewment and is a newspaper within the meaning
ends of the two other sides.
2. The area of property located at a
corner formed by the intersection of two
or more public rights of way with two
sides of the triangular area being thirty
(30) feet in length along the abutting
Public right of way lines, measured from
their point of intersection, and the third
side being a line connecting the ends of to before me this
the other two lines.
Section 18.14.030. Adjustments of Stan-
dards.,.The Design Review Committee, _ ., 1987
upon receipt of an application for adjust-
ment of landscaping requirements provid-,-
ed herein, shall have the authority and
duty to consider and act upon such -�
application. The applicant shall, in the— 1,application clearly and in detail state
what adjustment of requirements are/ Notary Public, State of Idaho
being requested and the reasons such'
adjustments are warranted, and shall Residence: Pocatello, Idaho
accompany the application with such
supplementary data, such as sketches,
surveys and statistical information as is
deemed necessary to substantiate the
adjustment. The Design Review Commit-
tee may approve, modify or deny the
requested adjustment, but shall approve
or modify only if it determines that
approval of any adjustment would not be
contrary to the public interest and would
be in keeping with and would preserve
the intent of this ordinance and that
literal enforement of the above standards
would be.impracticable and would result
in unreasonable and unnecessary hard-
ship. The Design Review Committee shall
act as expeditiously as possible on the
application, and shall state its decision in
the form of a short, concise statement of
the action taken which shall be served on
the applicant by mailing the same to him
at the address indicated on the applica-
tion.
Within 10 days after service of the
rlarieinn hi,f nni ihoro�F#or �..., ,lu,-��t,...
STATE OF IDAHO
S
County of Bannock
CITY OF CHUBBUCK, IDAHO
ORNDINANCE NO. 290
AN ORDINANCE OF THE CITY OF
CHUSBUCK, IDAHO, ENACTING A
NEW CHAPTER 18.14 OF THE CHUB -
BUCK MUNICIPAL CODE TO PROVIDE
FOR LANDSCAPING REQUIREMENTS
FOR ALL SET -BACK AND YARD
AREAS AND OFF-STREET VEHICU-
LAR PARKING AND OPEN -LOT SALES
AND SERVICE AREAS; AMENDING
SECTION 18.16.040 OF THE CHUBBUCK
MUNICIPAL CODE TO PROVIDE THAT
THE DESIGN REVIEW PROVIDED
FOR IN THAT SECTION SHALL IN-
CLUDE REVIEW OF LANDSCAPING
PLANS AND VERIFICATION OF COM-
PLIANCE WITH THE REQUIREMENTS
OF CHAPTER 18.14; REPEALING
PRIOR CONFLICTING ORDINANCES;
AND PROVIDING WHEN THIS ORDI-
NANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Purpose. The purpose of
'this ordinance is to improve the appear-
ance of certain set -back and yard areas
and including off-street vehicular parking
and open -lot sales and service areas in
the City of Chubbuck and to protect and
preserve the appearance, character and
value of the surrounding neighborhoods
and thereby promote the general welfare
by providing for the installation and
maintenance of landscaping for screening
and aesthetic qualities, since the City
Council finds that the particular needs of
the City of Chubbuck justify regulations
to develop the City's aesthetic appeal on
a city-wide basis.
.SECTION 2: Landscaping Requirements.
Title 18 of the Chubbuck Municipal Code
is hereby amended by enacting a new
Chapter 18.14, to read as follows:
Chapter 18.14
LANDSCAPING
Section 18.14.010. Definitions. In constru-
ing the provisions of this Chapter the
following definitions shall apply:
A. Landscaping — Landscaping shall
consist of any of the following or combi-
nations thereof: living material such as,
but not limited to, grass, ground covers,
shrubs, vines, hedges, or trees; and non-
living durable material limited to pea
gravel, walls or fences, bark, decorative
cinder, and decorative rock. Non -living
durable material may be used only for
accent in landscaping areas.
B. Trees — Trees shall be defined as self-
supporting wood plants of species which
normally grow to an overall height of a
minimum of fifteen (15) feet in Bannock
County, Idaho.
C. Shrubs — Shrubs required by this
Chapter shall be self-supporting, woody,
evergreen species, as normally grown in
(25) square feet with a dimension of at
least five (5) feet. The required landscap-
ing shall also include a hedge or a
planting of at least one shrub for each ton
(10) lineal feet of the landscaped area.
The remainder of the required land-
scaped area shall be landscaped with
grass, ground cover, or other landscaped
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 land-
scaped with at least grass or other
ground cover.
3. Necessary accessways from the public
right of way through all such landscaping
shall be permitted to service the parking
or other vehicular use areas and such
accessways may be subtracted from the
lineal dimension used to determine the
number of trees and shrubs required.
E. Parking Area Interior Landscaping —
Off-street parking areas and other vehic-
ular use areas shall have interior land-
scaping 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 landscap-
ing for each 100 square feet of paved
area. Where the property contains both
parking areas and other vehicle use
areas, the two types of areas shall be
treated separately for the purpose of
determining the required amount of land-
scaping. Each separate landscaped area
shall contain a minimum of fifty (50)
square feet and shall have a minimum
dimension of at least five (5) feet. The
landscaped areas may be located so as to
break up the expanse of paving or may
be located adjacent to any structures
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 land-
scaping material not to exceed three (3)
feet 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 Adja-
cent to Public Rights of Way and Points
of Access — When an accessway inter-
sects a public right of way or when the
subject property abuts the intersection of
two or more public rights of way, all
landscaping within the triangular areas
described below shall provide unobstruct-
ed cross -visibility at a level between
three (3) feet and ten (10) feet, provided,
however, trees or foliage extend into the
cross -visibility area shall be allowed,
provided they are so located so as not to
create a traffic hazard. Landscaping ex-
cept required grass or ground cover shall
not be located closer than three (3) feet
from the edge of any accessway pave-
ment. The triangular areas above re-
ferred to are:
1. The areas of property on both sides of
an accessway formed by the intersection
vertising: 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 harmo-
ny with adjacent developments.
3. Considerations relating to landscaping:
(a) The location, height and materials of
walls, fences, hedges and screen plant-
ings to insure harmony with adjacent
developments or to conceal storage
areas, utility installations or other Un-
sightly development.
(b) The planting of ground cover or
surfacing to prevent dust and erosion.
(c) The unnecessary destruction of exist-
ing 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 open-
ings, breaks in the facades and fencing on
streets, line and pitch of roof and ar-
rangement of structures on the parcel.
5. Considertions relating to drainage:
The effect of the site development plan in
realtion to the adequacy of the storm and
surface water drainage proposals.
C. Promptly after receipt of an applica-
tion for design review clearance, the
committee shall either approve or deny
such application. In approving an appli-
cation, the committee may impose addi-
tional conditions or limitations as deemed
necessary. Upon granting or denying the
application, the committee shall specify:
1. The ordinance and standards used in
evaluating the application.
2. The reason for approval or denial.
3. The actions, if any, that the applicant
could take to obtain a building permit.
D. The committee's decision shall be set
forth in a written memorandum lodged
with the city clerk and shall become final
if no written request for review has been
received by the clerk prior to the conclu-
sion of the next regularly scheduled city
council meeting. If such request is re-
ceived, 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.
SECTION 4: Repeal of Conflicting Ordi-
nances. The provisions of any Ordinance
of the City of Chubbuck, Idaho, which are
in conflict with the provisions of this
Ordinance are hereby repealed to the
extent of such conflict.
SECTION 5: Effective Date. The rule
requiring an ordinance to be read an
three separate days, one of which shall be
a reading in full, is hereby dispensed
with, and this Ordinance shall become
effective upon its passage, approval and
publication as provided by law.
PASSED BY THE COUNCIL AND AP-
PROVED BY THE MAYOR OF THE
CITY OF CHUBBUCK, IDAHO, this 24th.
day of FEBRUARY, 1987.
5/John Content Jr.
MAYOR
ATTESTS/Ron C. Conlin
CITY CLERK
March 10, T987
No. 140
rtes of Ameri-
THE IDAHO
I at Pocatello,
yin.
attached, was
lowing dates,
19
19-_
19
19
19
of each side of the accessway and the Idly published
public right of way line with two sides of
each triangle being ten (10) feet in length)d of seventy-eight weeks prior to the publication
from the point of intersection and the
third side being a line connecting the;ement and is a newspaper within the meaning
ends of the two other sides.
2. The area of property located at a
corner formed by the intersection of two
or more public rights of way with two
Sides of the triangular area being thirty d46,
(30) feet in length along the abutting
Public right of way lines, measured from
their point of intersection, and the third
side being a line connecting the ends 9f to before me this 13th
the other two lines.
Section 18.14.030. Adjustments of Stan-
dards.,The Design Review Committee,.._.— 19.87
upon receipt of an application for adjust-
ment of landscaping requirements provid-/
ed herein, shall have the authority and
duty to consider and act upon such
application. The applicant shall, in the---�
application clearly and in detail state
what adjustment of requirements arel Notary Public, State of Idaho
being requested and the reasons such
adjustments are warranted, and shall Residence: Pocatello, Idaho
accompany the application with such
Supplementary data, such as sketches,
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