HomeMy WebLinkAbout0205 Land Use 1979LAND USE ORDINANCE
Table of Contents
Provision
CHAPTER i--TITLE, PURPOSE, INTERPRETATION,
SCOPE AND DEFINITIONS
Short Title
Purpose
Interpretation
Scope
Definitions
CHAPTER 2--LAND USE DISTRICTS AND GENERAL
CONTROLS
Enumeration of Districts
District Boundaries and Land Use Map
General Controls by District
CHAPTER 3--SUPPLEMENTAL CONTROLS
Purpose
Supplemental Yard and Height Controls
Supplemental Controls for Commercial and
Industrial Uses
Supplemental Controls for Particular Uses
~{iscellaneous Supplemental Controls
CHAPTER 4--DESIGN OVERLAY DISTRICT AND CRITERIA
Purpose
District Boundaries and Land Use Map
Design Review
CHAPTER 5--PLANNED UNIT DEVELOPmeNTS
Purpose
Relationship to Other Land Use Controls
Minimum Area
Uses
Ownership Requirements
Common Open Space in Residential PUD's
Utilities
Density
Arrangement of Commercial Uses
Arrangement of Industrial Uses
Procedure for Approval of a Planned
Unit Development
CHAPTER 6--NON-CONFORMING USES
Purpose
Incompatibility of Mon-Conforming Uses
Single Non-Conforming Lots of Record
Non-Conforming Lots of Record in Combination
Non-Conforming Uses of Structures or of
Structures and Land in Combination
Repairs and Maintenance
Uses under Conditional Use Provisions'
PaTe
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43
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1
1
2
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6
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LAND USE ORDINANCE
Table of Contents
contd,
Provision
CHAPTER 7--ADMINISTRATION
Scope
Application
Notices, Hearings~ ~and Decisions,
Variances
Exemption from Conditional Use Permit
Requirements for Certain Production Dwellings
Consistency with Comprehensive Plan
CHAPTER 8--ENFORCEMENT
Location of Structures and Uses
Permits and Municipal Services
Civil Remedies
Criminal Penalties
CHAPTER 9--MISCELLANEOUS PROVISIONS
Repeal of Prior Conflicting Ordinances
Severability
Effective Date
Page
44
44,
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45
46
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47
ORDINANCE NO. 205
OF
AN ORDINANCE OF THE CITY OF CHUEBUCK, IDAHO,
REGULATING LAND USE WITHIN THE JURISDICTION OF THE
CITY: SETTING FORTH THE TITLE, PURPOSE, INTERPRE-
TATION, AND SCOPE OF THIS ORDINANCE: DEFINING THE
TE~4S USED HEREIN: ESTABLISHING LAND USE DISTRICTS
AND PRESCRIBING GENERAL CONTROLS FOR EACH DISTRICT:
PROVIDING SUPPLEMENTAL CONTROLS FOR PARTICULAR
TYPES OF USES: ESTABLISHING A DESIGN OVERLAY DISTRICT
AND PRESCRIBING REVIEW CRITERIA WITHIN THE DISTRICT:
REGULATING PLANNED UNIT DEVELOPMENTS: GOVERNING
CONTINUATION OF NON-CONFO~4ING USES: SPECIFYING
PROCEDURES APPLICABLE TO APPLICATIONS FOR CONDITIONAL
USE PER~IITS, VARIANCES, REVISION OF USE DISTRICTS,
OR OTHER A~NDMENTS TO THIS ORDINANCE: PROVIDING FOR
ENFORCEF~NT OF THIS ORDINANCE: REPEALING ALL
CONFLICTING PRIOR ORDINANCES: ESTABLISHING THE
'SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE:
AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
CHUBBUCK, IDAHO:
CHAPTER ONE
TITLE, PURPOSE, INTERPRETATION, SCOPE AND DEFINITIONS
SECTION 1-1: Short Title. This ordinance shall be known
and may be cited as the "Chubbuck Land Use ordinance."
SECTION 1-2: Purpose. This ordinance is enacted to
protect the public health, safety and welfare by providing~
for compatible and harmonious uses of land within the
jurisdiction of the City, by organizing uses ~o encourage
growth consistent with a comprehensive plan, and by enhancing
the aesthetic qualities of the community in the context
of sound planning considerations. This ordinance is intended
to comply with, but is not limited to, the requirement that
municipalities enact zoning ordinances under the Local
Planning Act of 1975 set forth in the Idaho Code.
SECTION 1-3: Interpretation.
construed liberally in the public
of minimum land use standards, to
This ordinance shall be
interest, as a prescription
accomplish the foregoing
purpose.
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SECTION 1-4: Scope~ This ordinance governs the use of
land, for economic activities and for other purposes, at any
location within the corporate limits of the City or within an
area over which the City exercises control pursuant to the
Idaho Code or pursuant to agreement with other governing
bodies as authorized by the Idaho Code.
SECTION 1-5: Definitions. For the purpose of this
ordinance:
(a).
(defined below)
erected concurrently with or
structure, and which is used
subordinate to the principal
"Accessory structure" means a structure
which is located on the same lot with, and
subsequent to, a principal
in a manner incidental and
structure.
(b). "Agriculture" means the tilling of soil, the
raising of crops, horticulture and gardening, but it does not
include the keeping or raising of any livestock except
household pets, nor does it include agricultural industry or
businesses such as fruit packing plants, fur farms, animal
care centers, feed lots.or slaughter houses.
(c). "Animal care site" means any location where
.three (3) or more animals older than six (6) months are kept
for sale or for compensated services such as treatment, training
or boarding.
(d). "Block" means a piece or parcel of land or
group of lots entirely surrounded by public streets, streams,
railroads, or parks, or a combination thereof.
(e). "Court" (production dwellings) means premises,
whether subdivided or held in unified ownership, where two
or more production homes are located other than by conditional
use permit.
(f). "Drive-in establishment" means a
designed to allow provision of goods or services
who remain in or on vehicles.
business location
to customers
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(g). "Dwelling" means a structure used for residential
purposes by one or more households, but excludes hotels, motels,
and other transient housing.
(h). "Home occupation" means any economic activity,
conducted entirely within a dwelling structure Which is clearly
incidental and secondary to the use of the structure for resi-
dential purposes.
(i). "Household" means one (1)
two (2) or more persons related by blood,
person living alone,
marriage or adoption
living together, or up to three (3) Unrelated persons living
together as a single economic and housekeeping unit.
(j). "Lot" means ~ .piece or parcel of land separated
from other pieces or parcels by description, as on a plat or record of
survey map, or by metes and bounds, for purposes of sale, lease,
or separate use.
(k). "Multiple Household Dwelling" means a dwelling
containing three or more households.
(1). ,'Non-conforming use" means a use which com-
plies with all existing laws at the time this ordinance becomes
effective, but does not conform to the regulations prescribed
herein.
(m). "Parking space" means an area on land or within
a structure, comprising no less than one hundred eighty (180)
square feet, which is designed for the parking or storage of
one vehicle and which has adequate ingress and egress drives.
(n). "Planned unit development (PUD)"mesns one or more
structures embracing a combination of land uses within an
integrated and harmonious scheme, under unified control.
(o). "Production dwelling" means a residential
structure fabricated at a location other than the site where
it 'is intended to be occupied, and which arrives at the occupancy
site as a dwelling ready for inhabitation except for minor and
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incidental unpacking and assembly, placement on foundation or
supports (if any), connection to utilities and the like.
(p). "Salvage site" means any outdoor location
where junk, waste, discarded, dismantled, or salvaged materials,
other than secondhand equipment or vehicles in operating
condition, are stored or handIed.
(q)."sign'~'~means any'~evice designed or used to
convey information to, or attract attention of, persons not
on the premises where the device is located.
(r). "Shop" means a location where manufacturing,
fabrication, or assembly~activities are conducted.
(s). "Site dwelling" means a residential structure
primarily fabricated at the site where it is intended to be
occupied.
(t). "Store" means a location where retail sales
of goods or services are conducted.
(u). "Street" means a way for vehicular traffic,
except: (1) a parking lot or area for traffic movement within
the parking lot, (2) a way that is less than one hundred fifty
(150) feet in length~ or (3) a way that serves or is intended
to serve less than three (3) households..
(v). "Structure" means any constructi~onor improve-
ment, other than a driveway or other hard surface at ground
level, upon or within land, and includes buildings, signs, and
walls'o~' fences more than six (6) feet in height.
(w). "Use" means any .purpose for which land or a
structur~ is designed, arranged or intended, or for which it
is or may be occupied or maintained.
(x). "Vehicle repair site" means any location where
automobiles, trucks, trailers, campers, and other vehicles,
mobile, equipment, or appurtenances thereof are repaired,
reconditioned, rebuilt, painted or otherwise subject to
mechanical or structural work.
· (y). "Vehicle sales site" means any location where
-4-
automobiles,
trucks, trailers, campers, and other vehicles,
mobile equipment, or appurtenances thereof, are sold or rented,
and where no work is performed on said items except incidental
preparation for display or shipment.
(z). "Yard" means open land on the same lot with a
structure.
(1) "Front~ yard" means the space extending
straight across the full width of the lot adjacent to the front
street line, except where the "side yard" overlaps.
(2) ."Rear yard" means the space extending
straight across the full Widt~ of the lot Adjacent to the rear
lot line, except where the "side yard" overlaps.
(3) "Side yard" means the space extending
from the front yard line to the rear yard, between the side
lot line and the nearest wall of~the principal structure.
(4) "Yard setback" means the distance from the
nearest wall of the principal structure to the front street
line, rear lot line, or side lot line, as indicated by the
context.
(5) "Yard width" means distance between side
lot lines at the required structure front yard set back line.
CHAPTER TWO
LAND USE DISTRICTS AND GENERAL CONTROLS
SECTION 2-1: Enumeration of Districts. The following
land use districts are hereby established. ' '
(a). Agricultural (A)--The purpose of this district
is.to provide for orderly transition of farm lands, by limiting
their use to low density residential neighborhoods until such
time as other uses, consistent with the comprehensive plan,
become appropriate.
(b). Limited Residential (R-l)--The purposes of this
district is to provide for neighborhoods of single household
dwellings, and low density multiple household dwellings when
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conditionally permitted. Production dwellings outside courts
(which are congruent with surrounding site dwellings), planned
unit developments, the keeping of livestock, and home occupations
may also be conditionally permitted.
(c). General Residential (R-2) -- The purpose of
this district is to provide for diversity in. the arrangement
and density of residential uses~ Any site dwellings are allowed.
Production dwelling courts, production dwellings outside courts
(which are congruent with surrounding site dwellings), planned
unit developments, the keeping of livestock, and home occupations
may be conditionally permitted.
(d). Limited Commercial (C-I) -- The purpose of
this district is to provide for small office uses and neigh-
borhood scale convenience business uses, which serve nearby
residential areas. Some larger establishments may be condition-
ally permitted if compatible with adjoining uses.
(e). General Con~nercial (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 areas, and may include compatible
light industrial uses when conditionally permitted.
(f). 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.
SECTION 2-2: District Boundaries and Land Use Map. The
foregoing districts shall be located as described in Appendix
A of this ordinance and as depicted in the land use map which
comprises Appendix B. Both appendices are attached hereto and
incorporated herein and shall be subject to future amendment in the
same manner as other provisions of this ordinance. Where conflicts
exist between the district locations shown in the appendices and
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the future land use scheme set forth in the City's compre-
· hensive plan, such conflicts shall be eliminated by ordinance,
following transfer of title to property or request from the
land owner(s), when the City Council finds that such action is
timely for the orderly transition of affected neighborhood(s).
SECTION 2-3: General Controls by Distri~t.~.
(a). The general controls for each district set
forth by this ordinance shall be minimum regulations and shall
apply uniformly to each class or kind of structure or land,
except as hereinafter provided:
(1). 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.
(2). No building or other structure shall be
erected or altered --
number of families;
area;
(A) to provide for greater height or bulk;
(B) to accommodate or house a greater
(C) to occupy a greater percentage of lot
front yards,
required, or in any other manner be contrary to the provisions
of this ordinance.
(D) to have'narrower or smaller rear yards,
side yards, or other open,spaces, than.herein
district, which
passage of this
feet. Areas and dimensions of all other lots and yards
meet at least the minimum requirements set forth herein.
(3). No side yard in a lot within an R-2
is improved by an inhabitable structure at the time of
ordinance, shall be reduced in width below five (5)
shall
(b) General controls'by district shall be as set
forth in the schedule below. Specific uses are allowed
where indicated in the schedules by the letter "P"; where
the letter "C" appears, it denotes a use allowed in the
district in question only upon issuance of a conditional use
permit. An "X" indicates that the use is neither~allowed nor
conditionally permitted. Any proposed use which is not
specifically mentioned in the schedule below shall be allowed
only upon issuance of a conditional use permit. When several
combined land uses exist'or are proposed, the most intensive
land use shall be considered the primary activity, Unless a
conditiohal use permit is issued for a planned unit development
as set forth in Chapter V of this ordinance.
SCHEDULE OFGENERAL CONTROLS
LAND USES
Advertising Agency
Agricultural Implement Sales
Agricultural and livestock
Amusement Centers, indoor only
Aquarium Shop
Art Gallery
Asphalt plant
Auction Service
Bakery goods store
Bank - Savings and Loan
Barber, beauty shop
Bar Supply Shop
Bath House, sauna or mineral
Battery Shop
Bearing Supply Shop
Beverage Bottling Plant
Boat Dealer
Book Store
Bowling Alley
Brick Sales Yard
Building Supply Outlet
Cabinet Shop
Candy Store
Carpet & Rug Cleaner
Car Wash
A
X
P
X
X
X
X
X
X
X X
X .X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X~
DISTRICTS
R-1 R-2 C-1 C-2
X X X C
X X X P
C C X X
X X C C
X X C P
X X X P
X X X X
X X X C
X X P P
X P P
X P P
'X X P
X X C
X X C
X X P
X X C
X X P
X P P
X X P
X X C
X X P
X X C
X P P
X X P
X X P
I
P
C
X
C
C
C
C
C
X
X
C
C
C
P
P
X
X
X
P
P
P
X
X
?
-8-
LAND USES
DISTRICTS
A R-1
Caterer Service ~ X
Cement or Clay products ~fg. X X
Cemetery C C
Ceramic Store X X
Chemical Storage & Manufacture X X
Child Care Center C C
church C C
Cleaning, Laundry Shop X X
Concrete Batch Plant X X
Dance, music or voice studio X X
Department Store X X
Drapery and Upholstery Shop X X
Drive-In Restaurant X X
Drive-In Theatre C X
Drug Store X X
Electric Contractor Shop X X
Electric Motor Repair X X
Electronic Equipment & Supplies Store X X
Employment Agency X X
Equipment Rental and:Sales Yard X X
Exercise Salon X X
Exterminating Company X X
Fabric Store X X
Feed Lot & Stock Yard C X
Feed Manufacture & Storage X X
Feed & Seed Store & Fertilizer X X
Film Processor X X
Finance Company Office X X
Firearms Sales and Repair X X
Fire Equipment Sales X X
Fireplace Store X X
Florist Store X X
Food Processing Plant X X
Food Store, Delicatessen X X
Frozen Food Locker X X
Fuel Yard X X
Funeral Home' X X
Furniture Refinishing X' X
Furniture Store X X
Garment Store X X
Gift Shop X X
Glass Shop X
Golf Course C C
Grain Storage X X
Greenhouse X X
Grocery Store X X
Home Occupation C C
Hospital C C
Hotel X X
Housecleaning Agency X X
Ice Cream Parlor X X
Ice and Dry Ice Manufacture X X
ice Skating Rinks C .C
Industrial Equipment & Supplies X X
Insulation Contractor X X
Irrigation Systems and Equipment X X
Jewelry Store X X
Karate - Jiu-Jitsu Instruction X X
Kennel C X
R-2 C-1 C-2 I
X X
X X
C X
X X
X X
C C
C C
X C
X X
X C
X X
X X
X X
X X
X P
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X C
X X
X X
X X
X X
X P
X X
X P
X .X
X X
~C C
X X
X X
X X
X P
X X
C X
X X
X X
X C
C -
C C
X X
X X
X P
X X
C C
X X
X X
X X
X X
X X
X X
P 'C
X C
C C
P X
X C
C C
C C
P P
X P
P P
P X
P P
P X
C C
P X
P P
P P
P X
P X
P P
P X
P P
P X
C C
X C
C P
P X
P X
P X
P X
P X
P X
X C
P X
P P
X C
P X
C P
P X
P X
P X
P P
C C
X P
P P
P X
C C
P X
P X
P X
P P
C C
P P
P P
P P
P X
P X
C C
-9-
LA.ND USES
DISTRICTS
Laboratory, Medical, Dental, or
Optical
Landscaping
Laundromat, Self-service
Lawn Mower Sales & Service
Linen Supply Service
Locksmith
Machine Shop
ManufaCturing
Meat Packing Plant
Microfilming Service
Mining Equipment Supplies
Monument Works
Motel
Motorcycle Store
Moving & Storage Company
Muffler & Exhaust Sales & Service
Multiple Household Dwelling
Music Store
Nursing Home
Office, Professional
Paint Store
Paper Distributors
Parking Lot, Garage, or Facility
Pet Grooming Service
Pet Shop
Photographic Studio
Planned Unit Development
Plumbing Contractor & Shop
Printing & Publishing
Production Home Court
Production Home (outside court)
Production Home Sales
Public Utility Yard
Railroad Yard or Shops
Recreation Vehicle Sales
Rendering Plant
Restaurant
Retail Stores & Services
Riding Stable or School
Roadside Stand
Roofing Contractor
Salvage Site
Sanitary Landfill
School
Single Household dwelling
Service Station
Swimming Pool Sales
Taxi Service
Television Studio, Radio Station
?erminal Yard, Trucking
Tire Shop, Including Recapping
Tool Repair Shop
Tree Service
vehicle Repair
Warehousing, Wholesaling
Wedding Chapels, Services
Welding Equipment & Supplies
Well Drilling
Wood Processing Plant
A R-1
X X
P X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
C C
X X
X X
X X
X X
X X
X X
X X
C C
X X
X X
C X
C C
X X
X X
X X
X X
X X
X X
X X
P X
P X
X X
X X
C X
C C
P P
X X
X X
X X
X X
X X
X X
x x
X x
x x
x X
x x
x x
x X
x X
R-2
C-1
X X
X X
X C
X X
X X
X~ X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
P C
X X
C C
X C
X X
X X
X X
X X
X X
X C
C C
X X
X X
C C
C C
X X
X X
X X
X X
X X
X C
X X
C X
X C
X X
X X
X X
C C
P C
X C
X X
X X
X X
X X
X X
X X
X C
X X
X X
X X
X C
X X
X X
C-2
P X
P P
P X
P X
P C
P X
C . P
C P
X C
P P
C P
C P
P X
P X
C P
P X
C C
P X
C C
P X
P X
P P
P P
P X
P X
P X
C C
P P
C P
C C
C X
P X
C P
C P
P X
X C
P X
P X
C C
C C
X P
X C
X C
C C
C X
P P
P X
P P
P X
C P
P P
P X
C C
P P
C P
P X
P P
X P
X C
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GENERAL CONTROLS (Continued)
HEIGHT AND AREA REGULATIONS
Minimum Minimum Minimum Minimum
Front Rear Side Total
Maximum Yard Yard Yard Yard
District Height Setback Setback Setback* Width
A 35' 25' 20' 20'-8' 70'
R-1 35' 25' 20' 20'-8' 70'
R-2 45' 20' 20' 20'-8' 60'
Minimum Lot
Area Per House-
hold Dwelling
(in sq. ft.)
one acre.
7,000 first
household plus
4,000 each
additional.
6,000 sq. ft.
household plus
2,500 each
additional.
* Total setback indicated on left; setback for one side indicated
on right.
On a corne~ lot, regardless of the facing or configuration of the
principal structure, there shall be a yard at least fifteen (15) feet
wide along at least one of the intersecting streets for a distance of
not less than fifteen (15) feet from the corner~point of the lot.
CHAPTER III
SUPPLEMENTAL CONTROLS
SECTION 3-1: Purpose. The purpose of this Chapter is to
prescribe additional controls for particular uses, categories of
uses, 0r areas where problems frequently are encountered.
SECTION ~-2: ' SupplementJl Yard and He{ght Co~trols.
(a). Visibility at Intersections -- On a corner lot
in any district, nothing shall be erected, placed, planted or allowed
to grow in such a manner as to materially impede vision between a
height of three (3) feet and ten (10) feet above the center line
grades of the intersecting streets within the protected fifteen (15)
feet described in the "Height and Area Regulations" in the foregoing
Chapter.
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(b) Yard Requirements for Multi-Household Dwellings--
Amulti-household dwellin§ shall be considered as one (1) structure
for the purpose of determining front, side, and rear yard re-
quirements. The entire group as a unit shall require one
(1), front, one (1) rear, and two (2) side yards as specified
for dwellings in the appropriate district.
(c) Side and Rear Yard Requirements for Non-Residential
Uses Abutting Residential Districts--Non-residential structures
or uses shall not be located nor conducted closer than forty
(40) feet to any lot line of a residential district, except
that the minimum yard requirements may.be reduced to fifty
percent (50%) of the requirement if acceptable landscaping
or screening approved by the Co~unission is provided. Such
screening shall be a masonry or solid fence six (6) feet in
height maintained in good condition and free of all advertising
or other signs. Landscaping provided in lieu of such
wall or fence shall be properly maintained and shall consist of a strip
of land not less than twenty (20) feet in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than
four (4) feet in height at the time of plantin9.
(d) Architectural Projections--Open structures
such as porches, canopies, balconies, platforms, carports,
covered patios and similar architectural projections shall
be considered parts of the building to which attached and
shall not project into the required minimum front, side, or
rear yard.
(e) Exceptions to Height Regulations--The height
limitations contained in the Official Schedule of District
Regulations do not apply to spires, belfreys, cupolas, antennas,
water tanks, ventilators, chimneys, or other appurtenances
-12-
usually required to be placed above the roof-level and not
intended for human occupancy.
(f) Impacted neighborhoods--Limit on density of
development in R-2 where density threatens adequacy of traffic
system~ utilities, municipal services, and park space. --The
City Council may, by resolution, impose additional controls upon
density of development in a defined area within the City, if
the Council finds and declares that actual and/or proposed
development within said area threatens the adequacy of traffic
movement and control systems, municipal services, utilities, or
open urban space available for recreation and other purposes.
Pending a study of such factors, the Council may by resolution
impose a moratorium upon issuance of building permits in the
area, for a reasonable period of time.
SECTION 3-3: Supplemental Controls for Commercial and
Industrial Uses.
(a) No land or structure in any district shall be
used or occupied in any manner creating conditions that are
injurious, or noxious, or that otherwise adversely affect the
surrounding areas or adjoining premises. Any activity involving
the use or storage of flammable or explosive materials shall be
protected by adequate firefighting and fire-prevention equipment
and by
of any
such' safety devices
such material.
(b) No activity
as are normally used in the handling
shall' emit harmful radioactivity
at any point, or electrical disturbance adversely affecting
the operation of any equipment at any point other than that of
the creator of such disturbance.
(c) Objectionable noise which is due to volume,
frequency or beat shall be muffled or otherwise controlled.
Air-raid sirens and related apparatus used solely for public
purposes are exempt from this requirement.
(d) No vibration shall be permitted which is dis-
cernible without instruments on any adjoining lot or property.
(e) Air and water pollution shall be subject to
the requirements and regulations established by the Idaho Department
of Health and Welfare.
(f) No direct or reflected glare.shall, be permitted
which is visible from any property outside an industrial district
or from any street.
(g) No erosion, by man, wind, or water, shall be
permitted which will carry objectionable substances onto
neighboring properties.
SECTION 3-4: Supplemental Controls for Particular Uses.
(a) Accessory s~ructures--
(1) May be located only in rear yards or
portions of side yards beside or behind principal structures.
(2) Will not be located closer 'than five (5)
feet from any side or rear property line.
(b) Animal Care Sites--
(1) Will be located at least three hundred (300)
feet from any residence including motels and hotels, except
for an owner's residence, unless the animals are completely
housed in sound-proof 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,
Above Ground and for Resale--
(1) Will be located at least three hundred (300)
feet from a residential zone, a residence, motel, or hot~l,
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except for
an owner's residence.
(2) Will be erected subject to the approval of
the fire chief.
(3) Will have suitable loading and unloading
spaces and off-street parking facilities subject to the approval
'of the fire chief.
(d) Chemicals, Pesticide and Fertilizer Storage and
Manufacturing will have adequate fire protection, storage area,
handling and disposal as approved by the Fire Chief.
(e) Drive-In Establishments--
(1) Will 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) Will have a six (6) foot high sight-obscuring
fence along the property lines that adjoin a residence.
(3) Will provide for adequate trash receptacles.
(4) Will avoid the direction of night lighting
toward any residence.
(f) Gravel Pits,
and Other Natural Resources
Rock Quarries', Sand and Clay Pits
of Commercial Value--
(1) Upon depletion, the area shall be reclaimed
and restored to its original appearance, to the extent feasible,
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.
(g) Home Occupations
(1) No person other than members of the house-
hold residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling for the home
occupation shall be clearly incidental and subordinate to its
use for residential purposes by its occupants, and not more than
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twenty-five percent (25%) of floor area of the dwelling shall
be used in the conduct of the home occupation.
(3) Except as authorized by the conditional use
permit issued for the home occupation, there shall be no change
in the outside appearance of thestructure or premises, or other
visible evidence of the conduct of such home occupation other
than one (1) sign, not exceeding four (4) square feet in area,
non-illuminated and mounted flat against the wall of the principal
structure.
(4) No significant traffic shall be generated
by such home.occupation and any need for parking generated by
the conduct of such home occupation shall meet the off-street
parking requirements as specified in this ordinance, and shall
not be located in a required front yard.
(5) No equipment or process shall be used in
such home occupation which creates noise, vibration, glare,
fumes, odors, or electrical interference detectable to the normal
senses off the lot, if the occupation is conducted in a single-
househOld dwelling, or outside the dwelling if conducted in
other than a single-household dwelling. In the case of
electrical interference, no equipment or process shall be used
which creates visual or audible interference in any radio or
television receivers off the premises, or causes fluctuations
in line voltage off the premises.
(h) Production Dwelling Courts
(1) The minimum area of the court to be
developed shall be two (2).acres.
(2) The minimum number of spaces completed and
ready for occupancy before first occupancy is permitted shall
be ten (10).
(3) The intent of the court is for long term
residential occupancy; therefore, no space shall be rented for
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periods of less than thirty (30) days.
(4) The maximum density which shall be allowed
is eight (8) dwelling spaces per gross acre.
(5) Off-street parking areas shall be provided
at the r~te of at least two (2) car spaces for each dwelling.
(6) Courts shall be buffered against adjoining
uses in the same manner prescribed for non-residential uses
adjacent to residential uses, in Section 3-2(d).
(7) There shall be at least twenty (20) feet
between the 'dwellings and at least fifteen (15) feet between
an individual dwelling and any adjoining pavement areas of a
park, street, or sidewalk or common parking area or other common
area. There shall be at least a ten (10) foot rear yard for
each dwelling on which an accessory building not to exceed
eighty (80) square feet shall be allowed. Awnings open on
three sides shall be allowed as an attachment to the side of a
dwelling provided there is at least ten (10) feet from the
awning to any other dwelling or attachment to the dwelling on
an adjoining area.
(8) All courts shall be provided with safe and
convenient vehicular access from abutting major streets and access
shall be designed to minimize congestion and allow free flow of
traffic on such adjacent streets. The entrance road connecting
the court with a public street shall have a minimum paved width
of thirty-four (34) feet. Internal streets shall have a minimum
paved width of twenty-four (24) feet.
(9) No court shall be allowed where access to
the park is by a local, as opposed to arterial or connector street.
(10) Concrete sidewalks shall be provided from
all dwelling sites to the court streets and all community facilities.
All streets shall have curb, gutter, and sidewalk.
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(11) A drainage system must be provided to
handle surface drainage within the park in a manner approved by
the City Engineer's Office.
(12) All courts must provide and maintain land-
scaped recreational areas with a minimum size of two hundred
(200) square feet for each dwelling.
(13) Signs shall not exceed nine (9) square
feet. Under no condition may such signs be of exposed neon or
have any flashing or moving parts.
The City Council shall have the right in approving
a production dwelling court under this section to impose any
additional conditions, including 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.
(i)
Materials--
Outdoor Storage of Commercial and Industrial Products or
(1) Will be screened from view from any existing
adjoining residence or residentially zoned area, whether or not
such property is separated by an alleyway or street.
(2) Will not be located in any front yard setback
area.
(j) Riding Stables and Schools--
(1) Will locate all stables or loafing sheds
not nearer than three hundred (300) feet from any residence,
except for an owner's residence. All facilities ·shall be set
back a distance of thirty (30) feet from any property line.
(2) Will 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.
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such
housekeeping practices to prevent the creation of
(k). Off Street Parking Requirements--
(3) Will require that the owner or operator of
use shall have a continuous obligation to maintain adequate
a nuisance.
Type of Use
Residential
1. Single household or two (2)
family dwelling.
2. Multiple household dwellings.
Parkinq Spaces Required
Two (2) for each household.
Two (2)
3. Production home court.
Two (2)
Commercial
1. Vehicle repair sites
2. Hotels and motels.
3. Funeral parlors, mortuaries
and similar type uses.
Recreational or Entertainment
1. Dining rooms, restaurants,
taverns, night clubs, etc.
2. Bowling alleys.
3. Dance floors, skating rinks.
Outdoor swimming pools, public
or community or club.
Auditoriums, sports arenas,
theaters and similar uses.
One
One
TWO
(1) for each two (2)
gasoline pumps and two
for each service bay.
(2)
(1) per each sleeping room
plus one (1) space for each
two employees.
(2) for each one hundred
sq. ft. of floor area in
slumber rooms, parlors, or
service rooms.
Two (2) for each one hundred
(100) sq. ft. of floor area.
Two (2) for each alley or lane
plus two (2) additional space
for each one hundred (100)
sq..ft, of the area used for
restaurant, cocktail lounge,
or similar use.
Two
(2) for each one hundred (100)
sq. ft. of floor area used
for the activity.
One
(1) for each five (5) persons
capacity plus one (1) for each
four (4) seats or one (1) for
each thirty (30) sq. ft. floor
area used for seating purposes
whichever is greater.
One (1) for each four (4) seats.
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6. Retail stores.
One
(1) for each two hundred and
fifty (250) sq. ft. floor
area.
7. Banks, financial institu=ions
and similar uses.
One (1) for each two hundred (200)
sq. ft. of floor area.
Se
Offices, public or professional
administration or service
buildings.
One (1) for each three hundred
(300) sq. ft. of floor area.
Ail other types of business or
commercial uses permitted in any
business district.
Institutional
One (1) for each three hundred
(300) sq. ft. of floor area.
Churches and other places
of religious assembly.
Hospitals.
One (1) for each five (5) seats.
One (1) for each bed plus one (1)
for each three (3) employees.
SanitariUms, homes for the One
aged, nursing homes, children
homes, asylums, and similar uses.
4. Medical and dental clinics.
One
(1) for each two (2) beds.
(1) for every two hundred (200)
sq. ft. floor area of examin-
ation, treating room office
and waiting room.
5. Libraries, museums, and art
galleries.
One (1) for each four hundred (400)
sq. ft. floor area.
Schools (Public, Parochial or Private)
Elementary and junior high
schools.
Two
(2) for each classroom and one
(1) for every eight (8) seats
in auditoriums or assembly
halls.
2. High schools.
One
(1) for every ten (10) student~
and one (1) for each teacher
and employee.
3. Business, technical and
trade schools.
One (1) for each two (2) students.
4. Colleges, universities.
One (1). for each four (4) students.
Kindergartens, child care
centers, nursery schools
and similar uses.
Two
(2) for each classroom, but
not less than six (6) for the
building.
Manufacturing
Ail types of manufacturing,
storage and wholesale uses
permitted in any manufacturing
district.
One .(1) for every two (2) employee
(on the largest shift for whi.
the building was designed) pl.
one (1) for each motor vehicl.
used in the business.
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2. Express, parcel delivery and One (1) for every two (2)
freight terminal, employees (on the largest
shift for which the building
is designed) and on% (1) for
each motor vehicle maintained
on the premises.
In the interpretation of this subsection, the following sh~ll
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.
parking;
4. Paved surfaces must be provided for all off-street
and such surfaces must be maintained and kept clean.
(1) Signs (except public signs and signs required by
(1)
shall apply to all
The regulations contained in this Section
signs and all use districts.
(A) Any illuminated sign or lighting
device shall emit a light of constant intensity, and no sign shall
be illuminated by or contain flashing, intermittent, rotating
or moving light or lights. In no event shall an illuminated
sign or lighting device be placed or directed to permit the
beams and illumination therefrom to be directed or beamed upon
a public thoroughfare, highway, sidewalk, or adjacent premises
to cause glare or reflection that may constitute a traffic hazard
or nuisance.
elements which revolve,
No sign shall employ any parts or
rotate, whirl, spin, or otherwise make
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use of motion to attract attention. Subsections (A) and (B)
this Section shall not apply to any sign performing a public
service function indicating time, temperature, stock market
quotations or similar services.
used in the
illuminated
the
of
(C) Ail wiring, fittings, and materials
construction, connection~ and operation of electrically
signs shall be in accordance with the provisions of
state or local electric code in effect, if any.
(D) No projecting sign shall be erected
or maintained from the front or face of a building a distance
or more than two (2) feet, including those projecting from the
face of any theater, hotel, or motel marquee.
(E) NO sign shall be placed on the roof of
any building, except those signs whose supporting structure is
screened so the sign appears to be a continuation of the face
of the building.
(F) No portable or temporary sign shall
be placed on. the front or face of a building or on any premises,
except as herein provided.
(G) No permanent sign or part thereof shall
contain or consist of banners, posters, pennants, ribbons,
streamers, spinners, or other similar moving devices. Such
devices, as well as strings of lights, shall not be used for
the purpose of advertising or attracting attention when not part
of a sign. Provided that this subsection shall not prohibit dis-
play of a flag on a flag pole.
(H) No permanent siEn erected or maintained in
the window of a building, visible from any public or private
street or highway, shall occupy more than twenty percent (20%)
of the window surface.
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(I) NO sign of any classification shall
be installed, erected or attached in any form, shape or manner
to a fire escape or any door or window giving access to any
fire escape.
(J) All signs hung and erected shall be
plainly marked with the name of the person, firm'or corporation
responsible for maintaining the sign.
(K) Should any sign be or become unsafe or
be in danger of falling the owner thereof or the person maintaining
the same shall, upon receipt of written notice from the Mayor,
proceed at once to put such sign in a ·safe and secure condition
or remove the sign.
(L) No sign shall be placed in any public
right-of-way except publicly owned signs, i.e., traffic control
signs and directional signs. Signs directing and guiding traffic
and parking on private property but bearing no advertising matter
shall be permitted on any property.
(M) Signs along interstate and primary
highways shall conform to the Idaho State Transportation Department
regulations.
(2) The following signs are allowed:
(A) Signs advertising the sale, lease, or
rental of the premises upon which the sign is'located not exceeding
twelve (12) square feet in area, except in all residential
districts where the area of the sign shall not be more than six
(6) square feet.
(B) Professional name plates not to exceed
four (4) square feet in area.
(C) Signs denoting the name
the occupants
~feet in area.
of the premises, not to exceed two
and address of
(2) square
(D) Temporary signs not exceeding fifty
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(50) square feet in area announcing special public or institutional
events, the erection of a building, the architect, the builders
or contractors may be erected for a period of sixty (60) days
plus the construction period.
(E) On-premises wall signs pertaining to
a non-conforming use shall be permitted on the same premises
of such use, provided that the area of such sign does not
exceed twelve (12) square feet.
(F) Political signs, provided that, such
signs shall not be posted in any place or in any manner that is
destructive to public property upon posting or removal. No
political sign shall be posted in a public right-of-way nor shall
any such sign be posted on a utility pole. No political sign
Shall be posted more than sixty (60) days before an election,
except that a sign posted for a primary election may remain in
place for a candidate who is continuing to run in the next
following general election. Ail candidates for public office,
their campaign committees or other persons responsible for the
posting on public property of campaign material shall remove
such material within two (2) weeks following election day.
(3) The following signs may be conditionally
permitted:
(A) Any sign advertising a commercial
enterprise, including real estate developers or subdividers,
in a residential district shall not exceed twelve (12) square
feet in area and shall advertise only the names of the owners,
trade names, products sold and/or the business or activity
conducted on the premises where such sign is located.
(B) In a commercial or manufacturing
district, each business shall be permitted one (1) flat or
wall ·on-premises sign. Projection of wall signs shall not
exceed two (2) feet measured from the face of the main building.
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All permanent on-premises signs for any single business
enterprise may have an area equivalent to one and one-
half (1 1/2} square feet of sign area for each linear foot
of buildin9 width, or part of a building, occupied by such
enterprise but shall not exceed a maximum area of one hundred
(100) square feet.
(C) In a commercial or industrial district,
two (2) off-premises signs with a total area not exceeding six
hundred (600) square feet may be permitted at a single location.
No single off-premises sign shall exceed one thousand two hundred
(1,200) square feet, nor shall off-premises signs visible to
approaching traffic have a minimum spacing of less than two
hundred (200) feet. Off-premises signs shall conform to all
applicable yard and height regulations for the appropriate
zoning district, except that such .signs intended to be viewed
from an elevated highway shall be not more than twenty (20)
feet above the level of the roadway at its nearest point. Off-
premises wall signs shall have all structural and supporting
members concealed from view.
(D) Free-standing on-premises signs not
over thirty (30) feet in height, having a maximum total sign
area of one hundred (100) square feet per display area and
located not closer than ten (10) feet to any Street right-of-way
line and not closer than thirty (30) feet to any adjoining lot
line may be erected to serve a group of business establishments.
There shall be only one (1) free-standing sign for each building,
regardless of the number of businesses conducted in said building.
(4) Off-premises signs
front of the required setback line for
district, except for the following:
(A) For every square
on-premises sign exceeds fifty
shall not be erected in
the appropriate land use
foot by which any
(50) square feet, the setback shall
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be increased by one-half
hundred (100)
for a church,
(1/2) foot but need not exceed one
feet.
(B)
school, or any other public,
Real estate signs and bulletin boards
religious, or
educational institution within residential zoning districts
may be erected not less than ten (10) feet from ~he established
right-of-way line of any street or highway provided such sign
or bulletin board does not obstruct traffic visibility at
street or highway intersections.
(C) On-premises signs where permitted shall
be erected or placed in conformity with the side and rear yard
requirements of the district in which located, except that in
any residential district, on-premises signs shall not be
erected or placed within ten (10) feet of a side or rear lot
line.
SECTION 3-5: Miscellaneous Supplemental Controls.
(a) 'Conversion of Dwellings to More Units--A dwelling
may not be converted to accommodate an increased number of
hOusehold units unless:
(1) The yard dimensions still meet the require-
ments herein for new structures in that district.
(2) The lot area per household equals the lot
area requirements for new structures in that district.
.(3) 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 construction work is in progress, but such
temporary facilities shall be removed upon completion of the
construction work.
-26-
(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,
one (1) boat, one (1) travel trailer and one (1) detached camper
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 fence of at least
five (5) feet in height or within an enclosed building or
structure, unless the trash and/or garbage is confined to a
single container. Adequate vehicular access to and from such
area or areas for collection of trash and/or garbage shall be
provided.
(e) Except where screen or buffer fences are
otherwise required or authorized by this ordinance, no fence
shall be constructed more than six (6)feet in height.
(f) 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 or vehicular way to any point within ten
(10) feet along a back-out driveway or to any point within
fifteen (15) feet along an intersecting street or vehicular way.
(g). No structure, fence or tree·shallibe constructed,
placed, allowed to grow, Or permittedto 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.
CHAPTER FOUR
DESIGN OVERLAY DISTRICT AND CRITERIA
SECTION 4-1: ~urpose. The design overlay district is
superimposed over other land use districts and is intended to
-27-
guide the general appearance and arrangement of commercial and indus-
trial uses in order ~Ocreateanattractive and dynamic "downtown business
center" and in order to assure the compatibility of satellite
commercial establishments and industrial areas with their
surrounding neighborhoods.
SECTION 4-2: District Boundaries and Land Use Map.
The design overlay district shall comprise and be co-extensive
with all commercial and industrial districts, as described in
Appendix A and as depicted in the land use map comprising Appendix
SECTION 4-3: Uses. Uses permitted within the design overlay
district are the same permitted in the districts over which it
is superimposed.
SECTION 4-4: 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. Ail
applications shall be accompanied by appropriate architectural
and site development plans to scale which shall show structure
locations, landscaping, 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 showin~ building materials
and proposed color scheme, existing grade and proposed new
grades. All such drawings and plans shall be reviewed by the
City Council, following review and recommendation by the Land
Use and Development Commission.
(b) The Commission and Council shall consider the
following matters in reviewing the application:
(1) Considerations relating to traffic safety
and traffic congestion:
(A) The effect of the site development
plan on traffic conditions on contiguous streets.
-28-
(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 dimensions
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 adver-
tising:
(A) The number, location, color, size,
height, lighting and landscaping of outdoor advertising signs
· and structures in relation to the creation of traffic hazards
and the appearance and harmony with adjacent developments.
(3) Considerations relating to landscaping:
(A) The location, height, and materials
of walls, fences, hedges, and screen plantings to insure
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.
site layout.
(4) Considerations relating to structures and
(A) The consideration of exterior design
in relation to adjoining structures in height, bulk, and area
openings, breaks in the facades and fencing on streets, line
and pitch of roof and arrangement of structures on the parcel.
-29-
(5)
plan in relation to
drainage proposals.
Considerations relating to drainage.
(A) The effect of the site development
the adequacy of the storm and surface water
(c) Within forty-five (45) days after receipt of an
application for design review clearance, the Council shall either
approve'or deny such application. In approving an application,
the Council may impose additional conditions or limitations as
deemed necessary. Upon granting or denying the application,
the Council shall specify:
(1) The ordinance and standards used in evaluating
the application.
(2)
(3)
coUld take to obtain a building, permit.
The'reasons for approval or denial.
The actions, if any, that the applicant
CHAPTER FIVE
PLANNED UNIT DEVELOPMENTS
SECTION 5-1: Purpose. It is the policy of the City to
guide major land development projects, embracing a combination
of land uses, by encouraging planned unit developments to achieve
the following:
(a) A maximum choice of living environments by
allowing a variety of housing and structure types and permitting
an increased density per acre and a reduction in lot dimensions,
yards, setbacks, and area requirements.
(by A more useful pattern of open space and recreation
areas and, if permitted as part of the project, more convenience
in the location of accessory commercial uses, industrial uses
and services.
(c) 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.
(d) A more efficient use of land than is generally
achieved through conventional development resulting in sub-
stantial savings through shorter utilities and streets.
(e) A development pattern in harmony with land use
density, transportation, and community facilities objectives
of the City's comprehensive.plan.
SECTION 5-2: Relationship to Other Land Use controls.
Whenever there is a difference between the provisions of this
Chapter and those of the other Chapters, the provisions of this
Chapter shall control. Subjects not governed by this Chapter
shall be governed by the respective provisions found elsewhere
in this ordinance.
SECTION 5-3: Minimum Area. A~PUD for the following
principal uses shall contain an area of not less than:
(a) Three (3) acres for residential development.
(b) Five (5) acres
commercial or industrial uses.
(c) Ten
(d) Ten
SECTION 5-4:
for residential use with Subordinate
(10) acres for commercial use.
(10) acres for industrial Use.
Uses. All uses that may be allowed within
the land use district are permitted within a PUD. In addition,
up to ten percent (10%) of the gross land area may be directed
to other uses that are not allowed within the land use district,
provided:
(a) That'the uses are appropriate with the primary
use.
(b) That the uses are intended to serve principally
the properties within the PUD.
of the PUD.
(¢) That the uses are planned as an integral part
(d) That the uses be located and so designed as to
provide direct access to a collector or an arterial street
without creating congestion or traffic hazards.
(e) That a minimum of fifty percent (50%) of the
primary use development occur prior to.the development of the
related uses.
SECTION 5-5: Ownership Requirements. An application
for approval Of a PUD shall be filed by a property owner or a
person having a contractual interest in the property to be
included in the PUD. The PUD application shall be filed in the
name or names of the recorded owner or owners of property
included in the PUD. The PUD application shall be filed in the
name or names of the recorded owner or owners of property
included in the development. However, the application may be
filed by the holder(s) of an equitable interest in such property.
Before approval is granted to the Final Development Plan, the
entire project shall be under single ownership or control
and evidence of legal title must be presented with the Final
Development Plan.
SECTION 5-6: Common Open Space in Residential PUD's.
(a) A minimum of ten percent (10%) 'of the gross land
area developed in any residential PUD project shall be reserved
for common open space and recreational facilities for the resi-
dents or users of the area being developed. The City may allow
a credit for lands so reserved, against dedication of park land
otherwise required by the City's land development ordinance.
(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 be dedicated to the
-32-
public and retained as common open space for parks, recreation
and related uses. Public utility and similar easements or
rights-of-way for water courses and other channels are not
acceptable for common open space dedication unless such land or
right-of-way is usable as a trail or other similar purpose.
(c) The responsibility for the maintenance of all
open spaces shall be specified by the' developer before approval
of the Final Development Plan.
(d) 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.
SECTION 5-7: utilities. Underground utilities, including
telephone and electrical systems, are required within the limits
of all PUD's. Appurtenances to these systems which can be
effectively screened may be excepted from this requirement
if the Commission finds that such exemption will not violate
the intent or character of the proposed pUD.
SECTION 5-8: Density. To provide for an incentive for
quality PUD, the City Council may authorize an increased density
of up to twenty-five Percent (25%)of the allowable~number of
structures or inhabitants, as appropriate. Character, identity,
and architectural and siting variation incorporated into a
development shall be considered cause for density increases,
provided that these factors make a substantial contribution to
the following objectives of the PUD:
(a) Landscaping, streetscape, open spaces, and plazas,
use of existing landscaping, pedestrianway treatment and recreational
areas--a maximum increase of ten percent. (10%).
(b) Siting, visual focal points, use of existing
physical features such as topography, view, sun and wind orientation,
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circulation p~ttern, physicaI environment, variation in
building setbacks and building grouping (such as clustering)
--a maximum increase of five percent (5%).
(c) Design features, street sections, architectural
styles, harmonious use of materials, parking areas broken by
landscaping features and varied use of housing types--a maximum
increase of ten percent (10%).
SECTION 5-9: Arrangement of Commercial Uses.
(a) When PUD's include commercial uses, commercial
structures and establishments shall be planned as groups having
common parking areas and common ingress and egress pointsin
order to reduce the number of potential accident locations at
intersections. Screens or fences shall be provided on the perimeter
of the commercial areas abutting residential areas.
(b) The plan of the project shall provide for the
integrated and harmonious design of buildings, and for adequate
and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be
necessary to make the project attractive and efficient from the
standpoint of the adjoining and surrounding non-commercial areas.
(c) All areas designed for future expansion or not
intended for immediate improvement or development shall be
landscaped or otherwise maintained in a neat and orderly manner.
SECTION 5-10: Arrangement of Industrial Uses.
(a) PUD's may include industrial uses if it can be
shown that such development results in amore efficient and
desirable use of land.
(b) Industrial uses and parcels shall be developed
in parklike surroundings utilizing landscaping and existing
terrain or vegetation as buffers to screen lighting, parking
areas, loading areas, or docks and/or outdoor storage of raw
materials or products. A planned industrial area shall provide
for the harmony of buildings and a compact grouping in order
to economize in the provision of such utility services as are
required. Thoroughfares shall be kept to a minimum throughout
a planned industrial area in order to reduce through traffic.
(c) Project side yards of forty (40) feet and a
rear yard of fifty (50) feet shall be required if. the project
is located adjacent to any residential uses. All intervening
spaces between the right-of-Way line and project building line
and intervening spaces between buildings, drives, parking
areas, and improved areas shall be landscaped with trees and
plantings, and properly maintained at all times.
SECTION 5-11: ProcedUre for Approval of a Planned Unit
Development.- PUD,s are subject to issuance of conditional use
permits. The following procedures are specifically applicable
to PUD's and supplement the procedures for conditional use
permits generally?
(a) The developer shall meet with the City Engineer
to discuss submission of a Preliminary Development Plan. The
purpose of this meeting'is to review early and informally the
.purpose and effect of this ordinance 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 shall be filed with the City Clerk 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)
(2)
Name, address, and phone number of applicant.
Name, address, and phone number of registered
surveyor, registered engineer and/or urban planner assisting in
the preparation of the Preliminary Development Plan.
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(3) Legal description of property.
(4) Description of existing use.
(5) Land use districts.
(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.
(7) A preliminary development Plan at a scale
approved by the Engineer showing topography at two (2) foot.
intervals; location and type Of residential, commercial and
industrial land uses;
and proposed streets;
and community spaces;
layout, dimensions and names of existing
right-of-ways; utility easements; parks
layout and dimensions of lots and building
(8)
the site.
(9)
setback lines; preliminary improvement drawings showing water,
sewer, drainage, electricity, telephone, and natural gas and
such other characteristics as the Engineer deems necessary.
Proposed schedule for the development of
Evidence that the applicant has sufficient
control over the land in question to initiate the proposed
Development Plan within two (2) years.
The application for preliminary PUD'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 substantially similar to information required to be presented
by the developer in compliance with the City's land development
ordinance, Such information may be utilized for both purposes.
(d) The same provision for public hearing and legal
notification as set forth in this ordinance for conditional
use permits shall be followed.
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(e) 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 ordinance; 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~ The Commission's approval in principle
of the Preliminary Development Plan shall be necessary before
an applicant may submit a Final Development Plan. Approval in
principle shall not be construed to endorse a precise location
of uses, configuration of parcels or engineering feasibility.
(f) Upon approval in principle of a Preliminary Development
Plan, an application for approval of the Final Development
Plan may be filed with the City Clerk by at least one (1) 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)
the approval. At a minimum,
following information:
years from the d~ate of issuance of
the application shall contain the
(1) 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
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proposed density of dwelling units, non-residential building
intensity and land use considered suitable for adjacent properties.
(3) A schedule for the development of units to
be constructed in progression and a description of the design
principles 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 non-residential 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
whenever the applicant proposes an exception from standard
land use district regulations or other ordinances governing development.
(4) Engineering feasibility studies and plans
showing, as necessary, water, sewer, drainage, electricity,
telephone and natural 9as installations; waste disposal
facilities; street improvements and nature and extent of earth
work required for site preparation and development.
(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.
(8) 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 improve-
ments 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.
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The Commission shall then transmit all papers constituting the
record and the recommendations to the Council. Approval shall
not be recommended unless the Commission finds that:
(1) The proposed development can be initiated
within two (2) years of the date of approval.
(2) 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.
(3) The streets and thoroughfares proposed are
suitable and adequate to carry anticipated traffic, and in-
creased densities will not generate traffic in such amounts as
to overload the street network outside the PUD.
(4) Any proposed commercial development can be
justified at the locations proposed.
(5) Any exception from'standard district re-
quirements is warranted by the design and other amenities incor-
porated 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 compat-
ibility with the proposed development.
(7) The PUD is in general conformance with the
comprehensive plan.
(8) The existing and proposed utility services
are a~equate for the population densities and non-residential
.uses proposed.
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(h) Within sixty (60) days after receipt of the
final recommendation of the Commission, the Council shall either
approve, approve with supplementary conditions, or disapprove
the application as presented. Upon granting or denying the ap-
plication the Council shall specify:
The ordinance and standards used in evaluating
(1)
the application.
(2)
(3)
The reasons for approval or denial.
The actions, if any, that the applicant
could taketo obtain a conditional use permit.
If the application is either approved or approved with
conditions, a conditional use permit shall issue.
(i) The conditional use permit for 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 permit has issued, it shall expire. An extension of the
time limit ct modification of the approved Final Development Plan
may be approved, without further hearing or recommendation by
the Commission, if the Council finds that such extension or
modification is not in conflict with the public interest.
CHAPTER SIX
NON-CONFORMING USES
SECTION 6-1: Purpose. This Chapter permits non-conforming
uses to continue until they are removed, but does not encourage
them to be perpetuated. It is further the intent of this Chapter
that non-conforming uses shall not be enlarged upon, expanded
or extended, nor be used as grounds for adding other structures
or uses prohibited.elsewhere in the same district. ~-~
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SECTION 6-2: Incompatibility of Non-COnforming Uses.
Non-conforming uses are hereb~ declared incompatible with
permitted, uses in the districts in which such uses are located.
A non-conforming use shall not be extended or enlarged after
enactment of this ordinance, by attachment on a building or
premises of additional signs intended to be seen from off the
premises, or by the addition of other uses of a nature which
would be generally prohibited in the district in which such use
is located. Provided, however, that to avoid undue hardship,
nothing in this Ordinance shall be deemed to require a change
in the plans, construction or designated use of any building on
which actual construction, was lawfully begun prior to the effective
date of adoption or amendment of this ordinance and upon which
actual building construction has been carried on diligently.
SECTION 6-3: Single Non-Conforming Lots of Record. In
any district in which single-household dwellings are permitted,
a single-household dwelling and customary accessory structures
may be erected on any single lot of record if the lot is, at
the effective date of this Ordinance, in separate ownership
and not of continuous frontage with other lots in the same
ownership. This provision Shall apply even though such lot
fails to meet the requirements for area or minimum lot width,
or both, that are generally applicable in the district, provided
that yard dimensions and requirements other than those applying
to area or minimum lot width, or both, of the lot shall conform
to the regulations for the district in which such lot is located.
SECTION 6-4: Non-Conforming Lots of R~cord in Combination.
If two (2) or more lots or a combination of lots and portions
of lots with continuous frontage in single ownership are of
record at the effective date of this Ordinance, and if all or
part of the lots with no buildings do not meet the requirements
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established for minimum lot width and area, the lands involved
shall be considered to be an undivided parcel for the purposes
of this ordinance and no portion of said parcel shall be used
or sold in a manner which diminishes compliance with minimum lot
width and area requirements established herein, nor shall any
division of any parcel be made which creates a lot with a
minimum width or area below the requirements stated in this
ordinance.
SECTION 6-5: Non-Conforming Uses of Structures or of
Structures and Land in Combination. If a lawful use involving
individual structures, or of a structure and land in combination,
exists at the effective date of adoption or amendment of this
ordinance that would not be allowed in the district under the
terms of this Ordinance, the lawful use may be continued so long
as it remains otherwise lawful, subject to the following pro-
visions:
(a) No existing structure devoted to a use not
permitted by this ordinance in the district in which it is
located shall be enlarged or structurally altered, nor any new
structure erected, with the result of expanding the use not
permitted; but such alteration may be made for the purpose of
converting to a use permitted in the district in which it is
located.
(b) No non-conforming use shall be extended to
occupy any additional land area.
(c) If no structural alterations are made, any non-
conforming use of a structure or structure and land may, upon
the issuance of a conditional use permit by the City Council,
be changed to another non-conforming use; provided, that the
Council shall find that the proposed use is equally appropriate
or more appropriate to the district than the existing non-conforming
use. In permitting such change, the Council may require appropriate
conditions and safeguards in accord with other provisions of this
Ordinance.
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(d) Any structure, or structure and land in com-
bination, in or on which a non-conforming use is superseded
by a permitted use sha~l thereafter conform to the regulations
for the district, and the non-conforming use may not thereafter
be resumed.
(e) When a non-conforming use of a structure, or
structure and land in combination, is discontinued or abandoned
for more than'two (2) years (except when government action
impedes access.to the premises), the structure, or structure
and land in combination, shall not thereafter be used except in
conformity with the regulations of the district in which it is
located.
(f) Where non-conforming use status applies'to a
structure and land in combination, removal or destruction of the
structure shall eliminate the non-conforming status of the land.
SECTION 6-6: Repairs and Maintenance. On any non-
conforming structure, or portion of a structure containing a
non-conforming use, work may be done on ordinary repairs or
on repair or replacement of non-bearing walls, fixtures, wiring
or plumbing; provided, that the cubic content existing when
it became non-conforming shall not be increased. Nothing in
this section shall be deemed to prevent the strengthening or
restoring to a safe condition of any buildin~ or part thereof
declared to be unsafe by any official charged with protecting
the public safety upon order of such official.
SECTION 6-7: Uses under Conditional Use Provisions..
Any use which is permitted as a conditional use in a district
under the terms of this ordinance shall not be deemed a non-
conforming use in such district, but shall, without further
action, be considered a conforming use.
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CHAPTER SEVEN
ADMINISTRATION
SECTION 7-1: Scope. She administrative procedures set
forth in this chapter apply to issuance of conditional use
permits or variances and to revision of use districts or any
other amendment to this ordinance.
SECTION 7-2: Application. Any person who owns, or has
a contractual interest in, real property governed.by this
ordinance may submit a written application under oath to the
City Clerk, in a form which the Clerk may prescribe, for
issuance of a conditional use permit, a variance, Or revision
of a use district or regulation. The applicant shall pay to
the City Clerk a hearing notice and application review fee of
twenty dollars ($20.00) .plus one dollar and fifty cents ($1.50)
for each lot or structure affected by the application.
SECTION 7-3: Notices, Hearings, and Decisions. Upon receipt
of an application and fee, or upon direction from the Mayor if
the City'intends to revise on its Own initiative the use districts,
regulations or any other provisions of this ordinance, the City
Clerk forthwith shall cause notice of hearing before the Land
Use and Development Commission (1) to be mailed to owners of
property within 300 feet of the lands or structures affected
by the proposed action, (2) to be published once in the official
newspaper of the City at least fifteen (15) days prior to the
hearing, (3) to be disseminated generally to other local news
media, and (4) to be posted prominently at the Chubbuck City
Offices. Within.thirty (30) days after the hearing, the
Commission shall make a written record of its findings and
shall decide whether to grant a variance or shall recommend
to the City Council whether it should issue a conditional use
permit or revise this ordinance. The Clerk shall again cause
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notice to be given, as provided herein of a hearing before the
City Council upon an appealed decision by the Commission re-
garding a variance or upon the Co.,~mission's recommendation
regarding a conditional use permit or revision of this ordinance.
Within thirty (30) days after this hearing, the Council shall
make a written record of-its findings and enter its decision.
Both the Commission and the Council shall state reasons for
their decisions and shall state what actions, if any, applicants
could take to obtain variances or conditional use permits that
have been denied.
SECTION 7-4: Variances.
(a) Limitation. Variances may be granted where the
lands involved are of such size or configuration, are subject
to such title limitations'of record, are affected by such
topographical and location conditions, or have been so developed
lawfully prior to advent of zoning in 1972, That it would be impossible
or tha{ it would create a private hardship not required to
protect the Public interest to compel the applicant to adhere
strictly to the provisions of this ordinance. However, no variance
shall be granted upon the grounds of "impossibility" if compliance
is merely inconvenient, burdensome, or difficult. Neither
shall a variance be granted upon the grounds of "private hardship"
unless (1) the.hardship was not created or allowed to occur by
the applicant, the landowner or any of their agents; (2) the
hardship was not known or foreseeable at the time when the
lands in question, or an interest therein, were acquired; (3)
the hardship is serious, 'immediate and unavoidable; and (4)
alleviating the hardship will not create a possible present or
future hardship for any other private party nor will it be
contrary to the public interest. In no event shall any variance
be granted merely because compliance with this ordinance would
diminish the financial return from use of the lands in question
or because it will reduce the market value of the lands.
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(b). Appeats. Any person adversely affected by the
granting or denial of a variance by the Land Use and Development
Commission may appeal within five (5) days from the date of
the meeting when the decision was made. The appealing party must,·
within this time, file with the City Clerk a written statement of
appeal (in any form) and pay an appeal processing fee of $20.00.
Public notice of the appeal shall be given in the s'ame manner
provided for applications. The City Council shall hear the appeal
de novo, except that the Commission's decision shall be entered
into the'record.
SECTION 7-5: Exemption from Conditional Use Permit Requirements
for Certain Production Dwellings. No conditional use permits shall
be required for production dwellings of standard design and
manufacture, with respect to which the Council has determined by
resolution that such dwellings are congruent with site dwellings.
SECTION 7-6: Consistency with Comprehensive Plan. No
'variance shall be granted~ nor any conditional use permit issued,
nor any revision to this ordinance adopted, unless such action
is consistent with the City's ~omprehensive plan.
CHAPTER EIGHT
ENFORCEMENT
SECTION 8-1: Location of structures and uses. No
structures~ s~hall be placed or constructed, nor any uses conducted,
at locations or in a manner violative of any provisions of this
ordinance, of any duly entered decision of the City Council or
Land Hse and Development Co~ission hereunder, or of the City's .~
comprehensive plan.
SECTION 8-2~. Permits and Municipal Services.
not issue permits to build,
The City will
install, repair, or remove anystructures
or improvements upon lands governed by this ordinance, nor will the
City furnish water, sewer, or sanitation services to any structures or
for any land uses, which Constitute ~violations
of section. 8-1 above.
46r ~-
within the meaning
SECTION 8-3: civil Remedies. The City may exercise its
abatement power under the Idaho Code,' at the:owner's expense,
with respect to any violations which represent or cause public
nuisances. In addition, or in the alternative, the City may
commence injunctive proceedings against the owner, in order to
obtain compliance with the ordinance. In such proceedings, the
City shall request and
as determined by court
fee, and such other or
the court may award the city its costs,
rule, together with a reasonable attorney's
further relief as the court may deem just.
SECTION 8-4: Criminal Penalties. Any violation within the
meaning of section 8-1 above shall be unlawful and punishable
as a misdemeanor. Each day that such violation occurs or
continues may be deemed a separate offense. Prosecution for
such offense shall not preclude the City from seeking a civil
remedy, for failure to comply, as provided in section 8-3 above.
CHAPTER NINE
MISCELLANEOUS PROVISIONS
SECTION 9-1: Repeal of Prior Conflicting Ordinances. Ail
prior ordinances and parts thereof, which cover the same subject
matter governed by this ordinance, and which contain provisions
in conflict with the provisions of this ordinance, are hereby
repealed to the extent of such conflict.
SECTION 9-2: Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
SECTION 9-3: Effective Date. The rule requiring ordinances
to be read on three (3) separate occassions is hereby dispensed
with and this ordinance shall become effective upon its pass~ge,
approval and publication as provided by law.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of
City of chubbuck,~ Idaho, this ~ . day of
1979.
the
ATTEST:
City Clerk
APPENDIX A
LAND USE ORDINANCE
DESCRIPTION OF DISTRICTS
A. Except as provided in paragraphs below, the district descriptions
set forth in the attached insert from the city's comprehensive plan are adopted
and incorporated herein~
B. All areas outside the incorporated boundaries of the city shall
be deemed Agricultural ("A") and shall not be included within any other use
district until such time as this ordinance is amended, following request from
landowner(s) or transfer of title to affected properties.
C. Within the city, the following area which falls within an
industrial (I) or commercial (C-1 or C-2) district under the comprehensive
plan, shall be.deemed Agricultural ("A") under this ordinance until such time
as the ordinance is amended, following request from landowner(s) or tra6sfer
of title to affected properties:
Commencing at the midpoint of the intersec%ion of Hawthorne Road
and West Chubbuck Road; south along Hawthorne Road to a point
approximately 528 feet north of the southern boundary of the
city; east approximately 712 feet; north approximately 790
feet; east approximately 575 feet north to a point approximately
580 feet south of the middle of West Chubbuck Road approximately
740 feet east of the point of beginning; west along West Chubbuck
Road to the point of beginning. This area has been zoned A-T
under the zoning ordinance preceding this land use ordinance.
D. Within the city, the following areas which fall within the
industrial (I) district under the comprehensive plan shall be deemed General
Residential (R-2) under this ordinance until such time as the ordinance is
amended, following request from landowner(s) or transfer of title to.affected
properties:
(l) Commencing at a point on the northern boundary of the city
approximately 835 feet east of the middle of Yellowstone Avenue; east along
the northern boundary approximately 475 feet; south approximately 635 feet; west
approximately 475 feet; north approximately 635 feet to the point of beginning.
This area has been zoned R-3L under zoning ordinance preceding this land use
ordinance.
(2) Commencing at a point approximately 835 feet east, and
approximately 475 feet southof themiddle of the intersection of Yellowstone
Avenue and East/West Chubbuck Road; south parallel to the railroad tracks approx-
imately 1065 feet to the north side of Evans Lane; east along Evans Lane approx-
imately 50 feet to the Fort Hall lateral canal; south approximately 340 feet
along the lateral canal; east approximately 400 feet; south approximately 740
feet; east approximately 502 feet to the railroad ~racks; northwest along the
tracks approximately 1215 feet; north along the tracks approximately 485 feet;
west approximately 305 feet; north approximately 440 feet; west approximately
480 feet to the point of beginning. This area has been zoned R-4L and R-2L
under the zoning ordinance preceding this land use ordinance.
(3) Commencing at a point approximately 510 feet west and 670
feet south of the middle of the intersection of Whitaker Road and East Chubbuck
Road; west approximately 185 feet; south approximately 316 feet; east apprQximately
· 185 feet; north approximately 316 feet to the point of beginning. This area
has been zoned R-2T under the zoning ordinance preceding this land use ordinance.
(4) Co~m~ming at a point approximately 510 feet west and 25
feet north of the middle of the intersection of WhitakerRoad and East Chubbuck
Road; west approximately 120 feet; north approximately 2615 feet; east approximately
120 feet; south approximately 2615 feet to the point of begi~ming. This area
has been zoned R-2L in, der the zoning ordinance preceding this land use ordinance.
E. Within the city, the following areas which fall within the
~eneral CoLmmrcial (C-2) district t~der the comprehensive plan shall be dee~md
G~neral P~sidential (R-2) under this ordinance until such time as the ordinance
is amended, following request .from landowner(s) or.transfer of title to affected
properties:
(1) C~,,,mncing at a point approximately 1320 feet east of
the middle of the intersection of West Chubbugk Road and Hawthorne Road;
north approximately 5120 feet; east approx~nmtely 900 feet; south.approximately
2490 feet; west approximately 55 feet; south approximately 640 feet; east
apProximately 142 feet; south approximately 132 feet; west approximately 142
feet; south approximately 55 feet; east approximately 142 feet; south approximately
375 feet; west approximately 1030 feet; to the point of begirming. This
area has been zoned R-2, R-2T, and R-3 under the zoning ordinance preceding
this land use ordinance.
(2) Coa,,mncing at a point 475 feet west and 1320 feet south
of the middle of the intersection of Yellowstone Avenue mid East/West Chubbuck
Road; south approximately 310 feet; west approximately 850 feet; north approximately
310 feet; east approximately 850 feet. This area has been zoned R-4L under the
zoning ordinm%ce preceding this land use ordirmnce.
(3) Connmncing at a point approximately 25 feet north and
approximately 25 feet east of the middle of the intersection of West Quinn
Road and Hawthorne Avenue; north approximately 530 feet; east approximately 713
feet; north approximately 412 feet; southeast approximately 1350 feet; south
approximately 160 feet; west approx~n~tely 1805 feet to the point of begi~ming.
This area has been z~ed R-3L under the zoning ordirm~ce preceding this land
use ordinance.
(4) CoL,,~m~cing at a point approximately 1320 feet east and
approx{"mtely 25 feet north of the middle of the intersection of West Chubbugk
Road m%d Hawthorne Road; east approximately 910 feet; north approximately 248
feet; west approx~tely 910 feet; south approximately 248 feet to the point
of begirz~ing. This area has been zoned R-3L t~der the zoning ordinance
preceding this land use ordirmnce.
~The following platted parcels:
(a)
(b)
(c)
(d)
Lots 1 through 12, Pai-rish TraCts subdivision.
.,Lots 7, 8, 11, 14, 17, andl8,.plus all but the
east. 475 feet of Lots 12 and 13, Bonnie Brae
Acres subdivision.
Lots 1 through 4, and the west 30 feet of lot 5,
Highway 91 Addition subdivision.
Lots 5 through 8, 13 thrOU~h 16 Highway A~res
Subdivision.
LAND USE ORDINANCE # 205
CITY OF CHUBBUCK, IDAHO
SUMMARY OF LAND USE ORDINANCE
NOTICE IS HEREBY GIVEN that the Chubbuck City Council
has passed, and the Mayor has approved, Chubbuck City
Ordinance No. 205, which shall be known and cited as the
"Chubbuck Land Use Ordinance." The ordinance becomes
effective upon publication of this s,,mm~ry in the Idaho
State Journal, the official newspaper of the City.
The ordinance creates an entirely new land use (zoning)
scheme for the city, consisting of agricultural, limited and
general residential, limited and general commercial, and
industrial land use districts. These districts are shown
on the map published with this summary. The ordinance sets
forth in detail the uses allowed or conditionally permitted
in each district.
The ordinance establishes new height and area regulations,
including minimum front, side and rear yard dimensions, for
all land use districts. It specifies visibility requirements
at street intersections and supplemental yard and land-
scaping standards. It provides for limitations upon density
of development in neighborhoods heavily impacted by urban
growth.
The ordinance sets forth additional controls for
commercial and industrial uses. It provides supplemental
standards for particular uses such as home occupations, off-
street parking, and signs. It also regulates conversion
of dwellings to more units, parking and storage of certain
vehicles (including recreational vehicles), improvement of
garbage collection areas, and placement of structures or
vegetation in or near street rights-of-way.
The ordinance abolishes separate treatment of mobile
homes and substitutes a distinction between "site dwellings"
(those constructed on the sites where they are intended to
be occupied) and, "production dwellings" (those constructed
at plants or factories elsewhere). Production dwellings
may be located in either limited or general residential
areas by conditional use permit; otherwise, they are to be
located in production dwelling courts. The ordinance sets
forth detailed standards for such courts.
The ordinance establishes a "design overlay" district
which is coextensive with the commercial and industrial
districts. Ail new development and land uses in these
districts will be required to obtain clearance from the
city on such design factors as landscaping, structural
materials and color scheme, traffic circulation and parking,
elevations and grades, and the like. The ordinance specifies
standards and procedures for such design review.
The ordinance defines and regulates planned unit
developments. It authorizes limited mixing of uses in -such
developments and provides incentives for efficient use of
space and recognition of aesthetic values. It sets forth
standards and procedures for approval of planned unit
developments.
The ordinance restricts non-conforming land uses
(those lawfully in existence when the ordinance takes effect).
It controls development of nonconforming lots and limits
the expansion or modification of any nonconforming
structures.
The ordinance establishes administrative procedures
and substantive standards for changes of land use districts
and applications for conditional use permits or variances.
It restricts the circumstances in which variances may be
granted. It provides for a Land Use and Development
Commission to replace the existing Planning and Zoning
Commission.
The ordinance contains mechanisms for enforcement of
its provisions. It prohibits placement or construction
of any structures, or the undertaking of any land uses,
in violation of the ordinance. It provides for withholding
of municipal services to uses and structures in violation.
It authorizes civil abatement and/or injunctive proceedings
against owners of properties in violation, and provides
for imposition of costs and legal fees against such
owners. It also makes any violation a criminal misdemeanor,
punishable as provided by law. The Idaho Code presently
provides a maximum penalty of six months in jail and/or $300
fine for each misdemeanor offense.
The full text of this ordinance is available from
the City Clerk at the Chubbuck City Offices, 5160 Yellowstone,
Chubbuck, Idaho 83201.
I hereby certify that the foregoing summary is true
and complete, and that it provides adequate notice to the
public.
DATED this 29th day of August, 1979.
Dodald L. Burnett, Jr.
City Attorney