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HomeMy WebLinkAbout10 17 1971 Ord. 98PROOF OF PUBLICATION STATE OF IDAHO ss.i. County of Bannock Ruth --Brown--, being first duly sworn on oath deposes and says: That.___she was at all times herein mentioned a citizen of the United States of America, more than 21 years of age, and the Principal Clerk of THE IDAHO STATE JOURNAL, a daily newspaper, printed and published at Pocatello, Bannock County, Idaho, and having a general circulation therein. That the document or not -ice, a true copy of which is attached, was published in the said IDAHO STATE JOURNAL, on the following dates, to -wit: ----------October---17--------- 19--71 ---------------- -------- 19------ ---------------- --------------------------------------- 19------ --------------------------------------- 19------ --------------------------------------- 19------ --------------------------------- ----- 19------ --------------------------------------- 19------ --------------------------------------- 19------ 19------ --------------------------------------- 19 ------ That said paper has been continuously and uninterruptedly pub- lished in said County for a period of seventy-eight weeks prior to the publication of said notice or advertisement and is a newspaper within the meaning of the laws f Idaho. Subscribed and sworn to before me this ------- l h---- October 19 71 day of--------------- ------------- ---------- = r - a ------------- Notary Public, State of Idaho Residence: Pocatello, Idaho Page 6- Section B- Idaho State Journal POCATELLO, IDAHO, SUNDAY, OCTOBER 17, 1971 LEGAL ADVERTISEMENT YLEGAL ADVFRTISEMENT LEGAL ADVERTISEMENT LEGAL ADVERTISEMENT Z0,, , G ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 98 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHOESTAB• LISHING LAND USE CLASSIFI- CATIONS; DIVIDING THE CITY INTO ZONES: IMPOSING REG - U L AT IO N S, PROHIBITIONS AND RESTRICTIONS FOR THE PROMOTION OF HEALTH SAFETY, MORALS, CONVENI- ENCE AND WELFARE.GOV- ERNING THE USE OF LAND FOR RES1DE1',TIAL AND NON- RESIDENTIAL PURPOSES; REGULATING AND LIMITING LOT OCCUPANCY AND THE SIZE OF YARDS AND OTHER OPEN SPACES, ADOPTING A MAP OF SAID LAPID USE ZONES; PRESCRIBING PROCE- dures for changes of ZONE, CONDITIONAL USE PERMITS AND VARIANCES; PRESCRIBING PENALTIES FOR VIOLATIONS OF SAID OR. DIN AN C E. BE IT ORDAINED by the May- or and City Council of the City of Lhubbuck: CHAPTER USE DISTRI TS, SF['TION 1. USE DIST�tTCTS ESTABLISHED . For the purpose of pro- mating pride of olvnership, health, safety, morals and gen- eral welfare within its area of jurisdiction, the City of Chub - buck is hereby divided into the following use districts: R•1—Single - family Residen- tial R•2—Combined Residential R•2T—Mobile home Residen- tial R•2L—Combined Residential - Livestock R•3 — Multiple family Res- idential R•3L— Multiple family Resi- dential -Livestock, R-4— Multiple family Residen. tial R•4L—Multiple family Resi- dential -Livestock C•1—Neighborhood Commer. cial C -IL — Neighborhood Com- mercial -Livestock C•2—Community Commercial C-2L—Community Commer- cial -Livestock C•3—General Commercial C-3L—General Commercial* Livestock M•1—Light industrial M•IL—Light industrial -Live- stock Live stock M•2—Heavy Industrial M•2L—Heavy industrial •Live stock A•T — Agricultural•Transi tional B. The boundaries of said use districts shall be determined an defined by the adoption of a ma on which are shown the bounda ries of use districts so adopte for each portion of Chubbuck C. Land or premises shall b used, unless otherwise provid ed in this ordinance, only i conformity with the regulation herein set forth for the use dis tricts in which such land o premises are located. D. No building or structure shal be erected or structurally a tered or used, unless otherwis provided in this ordinance, e cept in conformity with the re ulations herein set forth for th use districts in which such buil Ing or structure is located, E. For the purpose of insu ing orderly development and provide adequate access forfir fighting equipment and other se vices to all buildings no' res dente or commercial buildi shall be erected or move on any lot, tract or parcel of 1 in any use district adopted unde the provisions of this ordinance unless said lot, tract or parcel of land has thirty (30) feet of frontage on a public right- of•way and has reasonable eff - tient access thereto for vehicu- lar traffic and has been legally subdivided; and providedfbrther that a building permit may be issued for construction of ares. idence on private easement where, in the opinion of the Planning Commission, the fol- lowing conditions have been rea. sonably met. 1. Minimum easementwidthof twenty (20) feet. 2. Maximum easement length of four hundred (400) feet. 3. Minimum turnaround ra- dius of forty (40) feet. 4. Maximum grade of ten (10) per cent. 5. The easement must serve land which otherwise wouldhave no access to a public road. . S ING MASS AND T P H NSIVE PLAN rt T e boundaries of the use ' districts shall be established 9 and clearly indicated upon the y Zoning Map adopted as part of k - this ordinance. i B. All amendments of the offi• e tial Zoning Map shall follow the r procedure set, forth in Chapter n 3, Section 1 of this Ordinance. y • C. Areas are to be classified '- according to the established use r districts and such zoning shall s give due consideration as to con- formity with an adopted compre- hensive plan and its stated goals r and objectives wher e these exist. o S 3. REGULATION d THE R•1 IN L- pY RESIDENTIALZONEe purpose o e R-1 Single• ri d Family Residential) Zone is to t' hbor- hoods, to prevent ve tovercrial owd ng e of the land and to encourage the '- n development of low density areas ? S which are best suited for resi- h . dential purposes. r A. U All e : 1. Single•fam�ly. dwelling; 1 2. Truck gardening and other l• horticultural uses not operated' e as commercial enterprise and x• where no building is involved, g• excluding livestock; e 3. Home occupations as de - d• fined in Chapter 4, Section 5; 4. Accessory uses as regu• r• dated in Section 3 (F); to 5. Temporary buildings as e uses necessary for construe - r' tion purposes for a period no 1' to exceed one (1) year; ng 6. Schools; to 7. Churches; Ian 8, One (1) sign not to excee r four (4) square feet in area per. n• .2. An am e' this ordin 'e• zoning map tat 'resolution et Planning C n Council or. e one or m of property aJ r• ed amendm Y• 3. Applic qe ty owner !!I......._ OCTOB ER 17, 1971 ,EGAL ADVERTISEMENT .hubbuck. CHAPTERI USE DISTRICTS 'T10N 1. USE DISTRICTS CABLISHED For 797 -purpose of pro - Ling pride of ownership, .lth, safety, morals and gen- .1 welfare within its area of indiction, the City of Chub - k is hereby divided into the '.owing use districts: Z -1 -Single -family Residen- t•2-Combined Residential i•2T-Mobile-home Residen. 2.2L- Combined Residential. ,estock 2.3 - Multiple -family Res• ntial WL -Multiple family Resi• itial-Livestock, 1.4 -Multiple familyResiden• l 2.4L--- Multiple family Resi- Ltial•Livestock '-1-Neighborhood Commer- 1 :•IL - Neighborhood Com- reial•Livestock •2 -Community Commercial '-2L-Community Commer- 1-Livestock 3 -General Commercial -3L-General Commercial• restock A•1 -Light industrial 4 IL -Light Industrial -Live. ck vi•2-Heavy Industrial A 2L -Heavy Indu strial-L ive- ck i•T - Agricultural•Transi. aal The boundaries of said use tricts shall be determined and ined by the adoption of a map which are shown the bounda- s of use districts so adopted each portion of Chubbuck. Land or premises shall be :d, unless otherwise provide in this ordinance, only in dormity with the regulations •ein set forth for the use dis- sts in which such land or >mises are located. N;o building or structure shall erected or structurally al• ed or used, unless otherwise ivided in this ordinance, ex- it in conformity with the reg - tions herein set forth for the districts in which such build• or structure is located. For the purpose of insur- orderly development and to wide adequate access for fire 'sting equipment and other ser• es to all buildings, no resi- icp nr rnmmerrial buildin¢ LEGAL ADVERTISEMENT the provisions of this ordinance unless said lot, tract or parcel of land has thirty (30) feet of frontage on a public right- of-way and has reasonable effi- tient access thereto for vehicu- lar traffic and has been legally subdivided; and provided further that a building permit may be issued for construction of ares- idence on private easement where, in the opinion of the Planning Commission, the fol- lowing conditions have been rea- sonably met. I. Minimum easementwidthof twenty (20) feet. 2. Maximum easement length of four hundred (40 0) feet. 3. Minimum turnaround ra- dius of forty (4 0) feet. 4. Maximum grade of ten (10) per cent. 5. The easement must serve land which otherwise would have no access to a public road. ING_M.A.PS AND THE COMPH - HENS1VE PLAN Tie boundaries of the use districts shall be established and clearly indicated upon the Zoning Map adopted as part of this ordinance. B. All amendments of tho offi• tial Zoning Map shall follow the procedure set forth in Chapter 3, Section 1 of this Ordinance. C. Areas are to be classified according to the established use districts and such zoning shall give due consideration as to con. formity with an adopted compre- hensive plan and its stated goals and objectives where these exist. SECTION 3. REGULATIONS FOR THE R-1 (SINGLE-FAM- ILY SIN LE•ILY RESIDENTIAL ZONE T e purpose of the.R-1 (Single - Family Residential) Zone is to preserve residential neighbor• hoods, to prevent overcrowding of the land and to encourage the development of low density areas which are best suited for resi- dential purposes. A. Uses Allowed: 1. Single-family dwelling; 2. Truck gardening and other horticultural uses not operated as commercial enterprise and where no building is involved, excluding livestock; 3. Home occupations as de- fined in Chapter 4, Section 5; 4. Accessory uses as regu. lated in Section 3 (F); 5, Temporary buildings as uses necessary for construc. tion purposes for a period not to exceed one (1) year; LEGAL ADVERTISEMENT taining to the lease or sale of buildings or premises where the sign is located. This pro- vision shall also apply to po. litical signs during campaign Periods. Signs for home occu- pations shall be limited totwo(2) square feet in area, shall be un• lighted and attached flush to the building. B. Conditional Uses Permitted: ThePlanning Commission may, after proper notice and public hearing as prescribed in Chap. ter 3, Section 2, permit the fol. lowing uses where such uses are deemed essential or desir- able to the public convenience or welfare. The Commission shall have the authority to im. Pose such conditions and safe- guards as. it deems necessary to protect the best interests of the, surrounding property or neighborhood from damage haz- ard, nuisance or other Jetri• ment. 1. Nonprofit community club. house; 2. Rest and convalescent home; 3. Building for governmental or public utility functions. C. ile i Any, building or structure or Portion thereof hereafter erect• ed shall not exceed two and one. half (2'/2) stories or twenty-five (25) feet in height. D. Setback yg uirements: Fron -ar : No building.or structure shall be erected nearer than thirty (30) feet from the right-of-way line of the street; provided, when lots comprising fifty (50) per cent or more of the frontage between two (2) intersecting streets are already developed with buildings havingfront yards with a variation of not more than (20) twenty feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shallafront yyard of more than .thirty-five (35).feet be required. 2. Side yard: No building shall be erected closer than ten (10) feet to any side property line; except cor. ner lots shall maintain a twenty (20) foot side yard adjacent to the street which intersects the street upon which the building fronts. 3. Rear Yard: There shall be a rear yard hay ing a depth of not less than twenty (20) feet. F. Area RPnnirPm Pn+R] LEGAL ADVERTISEMENT (35) per cent of the lot area may be covered by buildings or structures. 4. Minimum frontage for each lot shall be seventy (70) feet. F. Accessory Uses: ccessA ory uses are permitted if constructed either at the same time or subsequent to the main building._ Such :ses shall be lim. ited to one story in height and shall not encroach upon the front or side yards. G. Off -Street Parking Require• 1. For up to two units on a single lot, one space. for each unit as defined in Chapter 4, Section 5, sufficient in size for a garage or carport. 2. For other uses and addi- tional residential units in the R. 2 Zone, refer to Chapter 2, Sec- tion 1 (G). SECTION 5. REG(;I..ATTQIIS FOR THE R•2T MOBILE HOME) The purpose of the R-2T(Mobile Home) Zone is to provide Me- dium density residential devel- opment, areas for mobile homes properly located in the com- munity pattern compatible for mobile home uses and in har- mony with community facilities. A. Uses Allowed: 1. Mobile Homes on individual lots. 2. Mobile Home subdivisions; 3. Accessory uses as revulat- ed in Section 3 (F).; 4, Truck gardening and other horticultural uses not operated as a commercial enterprise and where no b-:ilding is involved, excluding livestock; 5. Home occ=pations as de- fined in Chapter 4, Section 5; 6, Schools; 7. Churches; 8. One (1) sign not to exceed four (4) square feet in area per- taining to the lease or sale of buildings or premises wherethe sign is located. This provision shall also apply to political signs during campaign periods. Signs for home occupations shall be limited to two (2) square feet in area, shall be unlighted and at- tached flush to the building. B. Conditional Uses Permi ted: The anning Commission may, after proper notice and public hearing as prescribed in Chap- ter 3, Section 2, permit the fol- lowing uses where suchusesare deemed essential ordesirableto the public convenience or wel- fare. The Commissionshallhave the authority to impose such con. difinnc and cafaminrlc ac i4 LEGAL ADVERTISEMENT tached flush to the building. 10. Up to two (2) signs of not more than 32 square feet each, identifying the structure or ac- tivity on the immediate land par- cel. Such signs are to be an in- tegral part of the design anduse of the land parcel, shall be indi. rectly lighted, nonrevolving and nonamm ated. 11. Boarding and rooming house. B. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing as prescribed in Chap- ter 3, Section 2, permit the following uses where such uses are deemed essential or desir- able to the public convenience or welfare. The commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surround- ing property or neighborhood from damage, hazard, nuisance or other detriment. 1. Those other uses requiring Conditional Use Permits andas regulated in the R-1 and R-2 District; 2. Motels; 3. Buildings for governmental activity and public utility struc- tures; 4. Office of a medical, profes- sional or administrative charac- ter. 5. Eight family units with 6,000 square feet each, first additional unit 1, 500 square feet, each additional unit 1,000 square feet each. C. Height Regulations: Any building or structureor por- tion thereof hereafter erected shall not exceed three (3) stor- ies; or thirty(30) feet in height unless approved by conditional Use Permit. D. sefharj{ Ren�iremenf c; 1. Front yard: No building or structure shall be erected nearer than twenty (20) feet from the right-of-way line of the street; provided when lots comprising fifty (50) per cent or more of the frontage be- tween two (2) intersecting streets are developed with build- ing having front yards with a variation of not more than fif- teen (15) feet in depth, the av- erage of such front yards shall establish the minimum front yard depth for the entire front- age. In no case shall a front Nand of more than twenty-five ) feet be required. 2. Side yard: LEGAL ADVERTISEMENT D. Setback Fi uivements: 1. Front yard; No building or structure shall be erected nearer than twenty (20) feet from the right-of-way line of the street; providedwhen lots comprising fifty (50) per cent or more of the frontage between two (2) intersecting streets are d,3veloped with build- ings having front yards with a variation of not more than(15) feet in depth, the average of such front yards shall estab- lish the minimum front yard depth for the entire frontage. In no case snail a front yard of more than thirty (30) feet be r" more than thirty (3 )) feet be re- quired. 2. Side yard: No building shall be erected closer than five (5) feet to any side property line, except corner lots shall maintain fifteen (15) foo, side yard adjacent to the street which intersects the street upon which the building fronts. 3. Rear yard: There shall be a rear yard hav- ing a depth of not less than twenty (20) feet. E. Area Reouirements: 1. Minimum lot size for single family unit shall be forty-two hu,A-ed ;4200) square feet. Two family units shall have a mini- mum lo: size of 5400 squarefeet. The minimum lot size for a three family dwelling shall be fifty-nine hundred (5900) square feet. For each additional unit 500 square feet per unit will be added to the lot area. 2. The minimum frontage shall be sixty (60) feet. F. Accessory Uses: Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such'uses shall be lim- ited to two (2) stories in height and shall not encroach upon the front or side yards. G. Off -Street Parking Require. ments: 1. For up to four ,4) resid•an. tial units on a single lot, one space for each unit as defined in Chater 4, Section 5, sufficient in size for a garage or carport. 2. For other uses and add tion - al residential units in the R-4 Zone, refer to Chapter 2, Sec- tion I (G). SECTIO N 10. REGULATIO14S FOR THE R -4L rMTILTIPLE F RESIDENTIAL $- STOCK ZONE Tile purpose of the R.4L (MuI- Nnlc %'�m;lv Racirl an4iaLT.iva+ ADVERTISEMENT :k Re uii'i:ments: nt yar : lding or structure shall ,ed nearer than twenty : from the right-of-waY ,e street; provided when iprising fifty (50) per more of the frontage two (2) intersecting ire diavelopedwithbuild- Ling front yards with a I of not more than (15) d,apth, the average of ont yards shall estab- minimum front yard rr the entire frontage. �Se snKil. a front yard of an thirty (30) feet be r- an thirty (3 J) feet be re. e yard: iilding shall be erected ;lian five (5) feet to any iperty line, except corner III maintain fifteen (15) La yard adjacent to the which intersects the upon which the building ar yard: } shall be a rear yard hav- depth of not less than 20) feet. R ui_ e�re_m ill mum losize size for single unit shall be forty-two 1 ;4200) square feet. Two units shall have a mini- rL of 5400 square feet. inimum lot size for a 'amily dwelling shall be ie hundred (5900) square 'or each additional unit care feet per unit will be o the lot area - ie minimum frontage shall y (6 0) feet. essory Uses. ;ory uses are permitted eructed e;.ther at the same r subsequent to the main g, Such uses shall be lim- two (2', stories in height all not encroach upon the e- side yards. '-Street ParkinR uire- or up to four (4) resid,an- ,its of a single lot, one for each unit as defined ter 4, Section 5, sufficient e for a garage or carport. or other uses and add. tion- aidential units in the R-4 refer to Chapter 23 See' (G). :ON 10. RE ULATIOli THE R -4L 'MULTIPLE L R DENJIE- K ZONE urpose of the R-41, (M:;1 - Family Residential -Live - Zone is to provide for an contained in all of the reg - ns for the R-3, but allow- vestock thereon subject to itions. Jses Allowed: uses allowable under R-3 ;elated therein. 3aising of livestock ION 11. REGULATIONS rHE C-1 NET H ORHOOD dERCIAL ZONE )urpose of tile C-1 (Neigh- od Commercial) Zone is )vide distinct zones regulat- ) provide local commer. service needs and to re - incompatible uses which be better located in com- fy or highway - oriented )ing areas due to size of the )ine center location within LEGAL ADVERTISEMENT (Continued from 13-6) lated to fulfili generat snopping center retail needs and travel or highway related service re- quirements within the commu- nity. A. Uses Allowed: 1. Those uses allowed in C-1 bistricts as regulated therein. 2. Automobile sales lot, sur- faced; 3. Automobile sales and serv- ice; 4. Trailer sales and rental; 5. C lub or lodge; 6. Bawling alley, dance hall or similar commercial establish- ments for public gatherings or recreational use. 7. Travel Trailer Park; S. Tavern or Lounges; 9, Acessory uses to uses al- lowed. B. Conditional Uses Permit- ted: The Planning Commission may, after proper notice and public hearing, as prescribed in Chapter 3, Section 2, permit the following uses where such uses are deemed essential or desire able to the public convenience or welfare. The Commission shall have the authority to im- pose such conditions and safe- guards as it deems necessaryto protect the best interests of the surrounding property or neigh- borhood from damage, hazard, nuisance, or other detriment. 1. Those other uses requiring Conditional Use Permits asreg- ulated in the C-1 District; 2. Automobile and truck repair shop: C. Height ng libations: Any building or structure or portion thereof hereafter erect• ed shall not exceed five (5) stories, or forty-five (45) feet in height unless approved by Conditional Use Permit. D. SetbackRe uirements: No front or si a yar snail be required except that when a building or group of buildings abuts upon a residential dis• trict, a yard shall be provided on the side of a lot abutting the res- idential district, having a width of not less than ten (10) feet. There shall be a rear yard with a depth of not less than fifteen (15) feet when abutting upon a residential zone. The rear yard may be usedfor off- street parking and loading. E. Area Re uirements: There s e no minimum lot sizes except that residential uses shall have the same area requirements as set forth in the R•3 Zone. F. Accessory UseaL Accessory Uses are permitted if constructed either atthe same time or subsequent to the main building. Such uses shall be lim. ited to two (2) stories in height and shall not encroach upon re- quired setback areas. G. off -Street Parking Require- ments; 1. For up to four (4) resi- dential units on a single lot, one space for each unit as de- fined in Chapter 4, Section 5, sufficient in size for a garage or carport; 2. For other uses and addi- tional residential units in the "C" Commercial Zone, refer to Chapter 2, Section 1 (G) - SECTION 14. REGULATION FOR THE -C-2L ZONE COM- LEGAL O- LEGAL ADVERTISEMENT tional residential units in the "C" commercial Zone, refer to Chapter 2, Section 1 (G). SECTION 16. REGULATIOtiS FOR THE C -3L (GENERAL COMMERCIAL - LIVESTOCK) ZONE, The purpose of the C-3L(Gen- eral Commercial - Livestock) Zone is to provide for an area contained in all of the regula- tions for the C-3, but allowing livestock thereon subject to reg- ulations. A. Uses Allowed: Any use allowable tinder C-2 as regulated therein. B. Raising of livestock. SECTION. 17� REGULATIONS. FOR THE M-1 (`LIGHT INDUS. TRI_A ZONE, The M-1 District is establish- ed to provide for and encourage the grouping together of light in. dustrial uses capable of being operated under such standards as to location and appearance of buildings and the treatment of the land about them, that they will be unobtrusive and not detrimental to surrounding commercial or residential uses. A. Uses Allowed: 1. Those uses allowed and can. ditional uses permitted in the C-1, C-2, and C-3 Districts ex- cept multiple -family dwellings, schools, churches, and hospi- tals; 2. Manufacturing, assembling, fabricating, processing, pack- ing, repairing, or storage uses which have not been declared a nuisance by statute, resolution, or any court of competent jur- isdiction and providedthese uses shall not cause: a. Unreasonable dust, smoke, gas, fumes, noise, vibration, or odor beyond the boundaries of the site on which such use is conducted; b. Hazard of fire, explosion, or other physical damage to any adjacent building or plant growth. 3. Wholesaling, warehousing, storage, and distribution; 4. Contracting equipment, maintenance or operating equip- ment of public agencies or public utilities or materials and equip- ment of a similar nature includ- ing lumber, coal, sand and gray. el yards; 5. Food processing; 6. Laundry and dry cleaning of an industrial character. B. conditional Uses Permit- ted: The Planning Commission may, after proper notice and pub lic hearing as prescribed i Chapter 3, Section 2, permit th following uses where such use are deemed essential or desir- able esir able to the public convenience o welfare. The Commission shall have the authority to impose such conditions and safeguard as it deems necessary to pro- tect the best interests of the sur. rounding property or neighbor- hood from damage, hazard, nui- sance, un sante, or other detriment. 1. Boarding kennel; 2. Broadcasting tower for ra dio or television; 3. Storage, for wholesale o for distribution in bulk, of an flammable liquid above orbelo ground' 4. Grain elevator and bull storage such as for potatoes hay, andOthersimilar uses LEGAL ADVERTISEMENT FOR THE ti -2L HEA V Iv- DUSTRIAL•LIVESTOCK ZONE The purpose of the M -2L (.Heavy industrial -Livestock) Zone is to provide for an area contained in all of the regulations for the M-2, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any use allowable under M-2 as regulated therein, E3. Raising of livestock. SECTION 21. REGULA IONS FOR THE A -T A AL -TRANSITIONAL) ZONE The p^_,rpose o the A -t Agricul- tural -Transitional) Zone isto set aside land to properly guide growth of the fringe areas of the community deemed to be im• portant for preservation at rural standards. A. Uses Allowed: 1. gricu ure; 2. Golf course- 3. Single-family dwelling as regulated in the R-1 or R-2 Zone with the exception that the mini- mum lot size for such use shall be one (1) acre; 4. Accessory uses as regu- lated in Section 3 (F); 5. dome occupations, as de- fined in Chapter 4, Section 5. B. Conditi_ona_i Uses_Per.mit. ted: 1. Airport; 2. Cemetery; 3. Commercial kennel, animal hospital; 4, Broadcasting tower for radio or television; 5. Mining, dredging, and ex- cavation of sand, dirt, gravel or other aggregate; o. Pablic utility installation; 7. Private amusement park, ball park, race track, or similar uses; 8. P.;blic building, school,hos- pital or church. C. Height Regulations: Any building or structure or portion thereof hereafter erect• ed shall not exceed two and one. half (2',:) stories, or thirty- five (35) feet in height unless a greater height is approved by Conditional Use Permit. D. Setback Requirements:, 1. Front Yard: No building or structure shall be erected nearer than thirty (30) feet from the right-of-way line of the street. 2. Side yard: No building shall be erected closer than ten (10) feet to any side property line; except cor- ner lots to the street which in- tersects the street upon which the building fronts. n 3. Rear Yard: e There shall be a rear yard s having a depth of not less than • twenty (20) feet. r E. Area Requirements; The minimum lot area shall be one (1) acre. s F, Accessory Uses: Accessory uses are permit • ted. G. off-StreetParkin., u' - merits: 1. For each single-family res idence, one space as defined i Chapter 4, Section 5, sufficient in size for a garage or carport r 2. F'or other uses in the "A•9'' y Zone, refer to Chapter 2, Sec w tion 1 (G). CHAPTER2 GENERAL P O I e SECTION I. SUPP ,1L co TCCm TnM DVf TrT Annul LEGAL ADVERTISEMENT OWL during such continuance shall be permitted. 2. A nonconforming building r may be enlarged or extended only c if thereafter the entire build ing is devoted to a conforming use. 3. No building partially occu• pied by a nonconforming use shall be altered in such a way t to permit the enlargement or ex_ pansion or the space occupied by i such nonconforming use. 4. No nonconforming use may be enlarged or extended in such a way as to occupy any re quired open space, or any land beyond the boundaries of the lot on which it existed at the ef- fective date of this ordinance, nor may any such nonconform• ing use displace any conforming use in the same building or on the same parcel. 5. Any nonconforming build• ing destroyed by fire or other calamity to an extent of sev- enty-five ev enty-five (75) per cent or more of the appraised value may not be restored unless such restor. ation shall make the building a conforming building and any intended use shall -be aconform- ing use; provided, however, that nothing in thisordinanceshallbe construed to prevent the res• storation and the resumption of former lawful use of any building that is damaged or par- tially destroyed by fire, or other calamity, to the extent of less than seventy-five (75) per cent, provided that suchrestoratiouis started within one (1) calendar year and is diligently prosecute ed to completion. 6. Whenever a nonconform- ing use of land or building has been discontinued for a period of one (1) year, or whenever there is evidence of a clear in- tent to abandon a nonconform• ing use, such useshall not there- after be reestablished, and the uses of the premises thereaf- ter shall be in conformity with the regulations of the use dis. trict. G. Off -Street Parking and Load. in, Rec�uremen s: 1. Wtien ie intensity of use of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating ca- pacity or otlier units of mea• surement specified as requiring Parkin.- or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. 2. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facili. ties shall be provided as re- quired for such new use. 3. Access to parking spaces as required herein for commercial • and industrial uses shall be not less than twelve (12) feet wide and not more than forty (40) feet wide at the curb line. • 4, No lawfully existing build- ing shall be deemed to be a non- conformix)v E)uildine solely be- cause of lack of any such re- quired spaces; provided, that space being used for off-street parking or loading in connection with any such building at the time of the effective date of TA]�X this ordinance shall not be fur- ther reduced inareaorcapacity. POCATELLO, IDAIJO, SUNDAY, OCTOBER 1?, 19-11 Idaho Staie Journal - Section B - Page 7 LEGAL. ADVERTISEMENT LEGAL ADVERTISEMENT ey. I i. For a drive-in theater -a i eservoir space at the entrance ontaining one parking space for each ten (10) vehicles accom• modated within. j. Business offices, not oth- erwise specified -one parking space for each two hundred fif- y (250) square feet of net floor area. 1. Mortuary-twelve(12)park- ng spaces. m. Retail stores, banks and S other than as specified below- one parking space for each two hundred (200) square feet of net floor area in excess of two thousand (2,0001 square feet; and for drive-in banks - three (3) additional parking spac- es for each teller window. n. Retail sales establishments handling only durable goods or bulky merchandise such as ma- chinery, furniture, or vehicles, personal service and repair shops, wholesale stores -one parking space for each six hun- dred (600) square feet of net floor area in excess of twothou. sand (2,000) square feet. a, For manufacturing estab- lisliments - one (1) parking space for each employe, based on the greatest number of em- ployes at any one time, p. For every building here- after erected containing more than fifteen thousand (15,000) square feet in area and which is designed to be occupied by any use requiring regular receipt or dispatch of merchandise by truck, there shall be provided and maintained withadequatede- sign to provide safe and efficient means of access and maneuver. ing, one loading space not less than thirty ( 30) feet in length and ten (10) feet in width, exclusive of access platforms and maneu. vering areas, ��,Jle-Esft---,-,-Ai- obHomes and Travel ons. rovisions pertaining to mo- bile homes and travel trailers shall not apply to the storage of travel trailers or campers on the site of a permanent res- idence, when such travel trailer - or camper is not used for hu - mail occupancy. CHAPTER_ ADMINISTRATIVE_ PROCEDURES__ SECT ()jV- AMENDMENT_ _ AND RECLASSIFICATION A. Initiation of �_ roceedings and Fee: 1. This ordinance may be nission may revur,e or modify is approval of a Conditional Use Permit for breach of con- dition or other good cause upon I notice and public hearing. 2. Applications for Conditional Use Permits shall be filed with the Planning Commission on forms prescribed by the Plan- ning Commission accompanied by such data and information necessary to assure the fullest presentation of facts. 3. A filing fee of ten dollars d at the time of filing a Conditional Use Permit application. 4. The Planning Commission shall hold at least one (1) public hearing on each Conditional Use Permit application after public notice by one publication has been given in a newspaper of general circulation indicating the time, place, and purpose for the hearing at least fifteen (15) days prior tosuch hearing. 5. Any owner of property with- in a two hundred (200) foot ra dious of the exterior boundarie of the subject property may appeal the decision of the Plan. ning Commission provided writ- tell rit ten notice of such an appeal i filed with the City Clerk within (5) days after the decision ofth Planning Commission. 6. In reviewing an appeal per taining to a Conditional Use Permit, the City Council shal hold a public hearing and ma approve,• disapprove, or modif the action of the Planning Com mission. SECTION 3. VARIANCE PRO CEDURE A. The followin rovision shall lap, in consa Bring Va lances. 1. The Planning Commissio shall consider variances to th terms of this ordinance whit will not be contrary to the publi interest where, owing to speci conditions, aliteralenforceme of the provisions of the ordinal le result in unnecessary har ship and under such condition that the spirit of the ordinan shall be observed and subsea tial justice done. In acting up such variance the Planning Co mission shall make a full invest gation and shall hold a publ hearing, as herein specified a shall only grant a variance up finding that the following a true: a. That the granting of t variance will not be in confli with the spirit and intent of t Comprehensive General Plan the City, and will not effect change in zoning. b. That there are exception or extraordinary circumstane or conditions, applicable to property involved, or in t intended use thereof, which not apply generally to the pr erty or class of use in the d' trict, so that a denial of the lief sought will result in: (1) Undue loss in value of pr erty; (2) Inability to preserve t property rights Of the own (3) The prevention of reas able enjoyment of any proper right of the owner; c. The granting of such reI will not be materially detrim tal to the public health, safety welfare, or injurious to the pr erty or improvements of of property owners, or the quiet amended whenever the Council deems that amendment is re- quired for public convenienceor necessity or for general wel- fare. Any am endment shall be en- acted' pursuant to this section, and for purposes of this section, includes any measure to change district boundaries, establishor disestablish districts, to change district regulations, to add, re- peal or amend any other provi- sions of this section or the whole of this ordinance. _ 2. An amendment to Elie test of this ordinance or to the official zoning map may be initiated by a resolution of intention by the Planning Commission or the City Council or by an application of one or more of the owners of property affected by the propos- ed amendment. 3. Applications from a proper - LEGAL ADVERTISEMENT Accessory Building- Abuild• f ing which is subordinate to, and o incidental to the principal build- c ing on the same lot, but does not i include any building contaminga s dwelling unit as herein -after de. t fined. Accessory. - A use in- cidental and subordinate to the principal use of the premises. A rfculture Tilling of soil, t hor iculture, raising crops, livestock, dairying, ir:cludingall t uses customarily accessory and incidental thereto; but exclud- ing slaughter houses, commer- cial feed lots. Airport - Any area of land or wa er which is used or intend• ed for use by aircraft and in- cluding the necessary appurten- ant structures or facilities lo- Gated thereon. Animal Hosnita_1 - Any build- ing or portion thereof designed or used for the care or treat- ment of cats, dogs or other an- imals. ` A a merit -A room or suite s of rooms in a multiple -family y structure which is arranged, de- signed signed or used asasinglehouse- $keeping unit and has complete kitchen and sanitary facilities e permanently installed. Automobile Sales Lot -Prem• ises on whit new or used pas- senger automobiles, trailers, 1 mobile homes or trucks in Oper- ating condition are displayed in Y the open for sale or trade, and y where no repair or service work is done. Au omol ' Service Station- - Premises used primarilyforthe retail sale and delivery to the vee rhlcle of motor vehicle fuel and of lubricating' oils, tires and in. cidental vehicular accessories, n and providing vehicular lubrica• e tion and related services, in - ecluding minor motor vehicle re- al pair s. Automobile Wreckin Yard - nt Any use. of premises, exclu ing ce fully enclosed buildings, on d' which two or more motor vee s hicles not in operating condf- ce tion are standing more than onthirty (30) days, or on which used motor vehicles, or parts there- in' of, are dismantled or stored. i' Block - The space along one is side 'of a street between the two an nearest intersecting streets, or or, between an intersecting street re and a right-of-way, waterway or other similar barrier, which - he ever is lesser. ct Boarding House - A building he other than a hotel or restaurant or where meals are provided for a compensation to three or more persons who are not members of eal s the householder's family. ufldi - Any structure with U subtantial walls and roof secure he ly affixed to the land and entirely d0 separated on all sides from ally °p' other structure by space or by is' walls in which there are no com- e- municating doors, windows or opening, which is designed or in - P' tended for the shelter, enclosure or protection of persons, ani• he mals, chattels or property of any er; kind. on- Building, Deta hedhed - A build- ty ing surrounded by open space on the same lot. ief Building, Nonconformin - en' Any building which does not con. or form to the requirements of this her ordinance, Building, Governmen - A en: building Owm or use by the LEI;AL ADVERTISEMENT Home Occu ation - Anygain- uI occupa ion engaged in by an ccupant of a dwelling unit in- luding handicrafts, dress -mak - ng, millinery, laundering, pre- erving, office of a clergyman, caching of music, dancing and other instruction when limitedto attendance of one pupil at atime and other like occupancies which meet all of the following condi- ions: 1. The use is clearly inciden- al and secondary to the use of the dwelling for dwelling purposes. 2. The use is conducted entire- ly within a dwelling and is car- ried on by the inhabitants there' of. 3. No article shall be sold or offered for sale on the premise, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domes- tic use. 4. The use does not change the character of the dwelling or adversely affect the uses per- mitted in the residential dis. trict. 5. The use creates no addi- tional traffic and requires no additional parking space. 6. No persons are employed other than those necessary for domestic purposes. 7. Not more than one-fourth of the gross area of one floor of said dwelling is used for such use. 8. The entrance to the space devoted to such use is from within the building and no inter- nal or external alterations or construction features not cus- tomary in dwellings are involy- ed. Junk Yard - Ari outdoor space sliere junk, waste, discarded or salvaged materials are stored or handled, inclu ding automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment excluding yards or establish- ments for the sale, purchase or storage of used cars or ma- chinery in operable condition, and the processing of used, dis- carded or salvaged materials as part of a permitted manufactur. ing operation on the same prem- ises. Kennel Commercial - Ali)' lot or pr emisesorportionthere- of, on which three (3) or more dogs, cats and other household domestic animals are maintain- ed, harbored, possessed, board- ed, bred or cared for in return for compensation or kept for sale. Loadin and n oadin S ace, Of - ree - n open s reef areaof and other than a street of public way, the principal use of which is for the standing, load- ing and unloading of motor ve- hicles, tractors and trailers, to avoid undue interference with public streets and alleys. Lot - A unit of land described by metes and bounds or a part or a recorded subdivision so re- corded for transfer of owner. Ship. Lot, Corner - A lot which is bounded on two (2) or more sides by street lines; where the angle of intersection does not exceed one hundred thirty-five (13 5) de- grees.