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0205 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 11 11 3O 31 31 31 32 32 33 33 34 34 35 40 41 41 41 42 43 43 27 28 28 1 1 1 2 2 5 6 7 13 14 26 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, 44 45 46 46 46 46 47 47 47 47 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. -1- 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 -2- (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 -3- 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 -5- 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 -6- 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 -10- 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. -11- (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, -14- 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 -15- 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 -16- 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. -17- (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. -18- 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. -19- 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. -20- 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 -21- 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. -22- (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 -23- (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. -24- 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 -25- 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, -33- 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. -35- (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. -36- (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 -37- 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. -35- 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. '39- (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. ~-~ -40- 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 -41- 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. -47 - (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. -43- 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 -44- 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. -45- (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. -47- 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