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0241 Summary of Land Use 1983 CITY OF CRUBBUCK, 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. 241, which shall be known and cited as the "Chubbuck Land Use Ordinance". The ordinance becomes effective upon publication of this summary in the Idaho State Journal, the official newspaper of the City. The ordinance amends the prior Land Use Ordinance, Chubbuck City Ordinance No. 205, and materially alters the land use (zoning) regulations for the City. The land use districts, consisting of agricultural, limited and general residential, limited and general commercial, aud industrial land use districts, as modified since the euactment of Ordinance No. 205, 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 continues the height and area regulations set forth in Chubbuck City Ordinance No. 205, including minimum front, side and rear yard dimensions, for all land use districts, although the ordinance does provide for some modification of said regulations. As with Ordinance No. 205, the new Land Use Ordinance specifies visibility requirements at street intersections and supplemental yard and landscaping standards. It provides for limitations upon density of development in neighborhoods heavily impacted by urban growth. Ordinance No. 241 also sets forth additional controls for commercial and industrial uses. It provides supplemental standards for accessory structures; animal care sites, the storage of chemicals, pesticides, and fertilizers; drive-in establishments; gravel pits; home occupations, commercial kennels; offstreet parking; the outdoor storage of industrial products;production building sales offices; riding stables and schools, and vehicle storage sites. It also regulates the conversion of dwellings to more units, temporary buildings, parking and storage of certain vehicles (including recreational vehicles), improvement of garbage collection areas, and placement of structures or vegetation in or near streets or right-of-ways. The ordinance distinguishes between "site dwellings"(those constructed on the sites where they are intended to be occupied and "production buildings" (those constructed at plants or factories elsewhere).. The ordinance further distinguishes between Class 1, Class 2, and Class 3 production buildings. Class 1 production buildings is defined generally as a production building, which, inter alia conforms to the building codes and standards applicable production building is defined inter alia, was produced since to site buildings. A Class 2 as a production building which, June 15, 1976, conforms with the mobile home construction and safety standards of the United States Department of Housing and Urban Development, is multisectional, has a slope roof, and has a design and appearance which is congruent with the predominant design and appearance of other site buildings in the existing neighborhood. A Class 3 production building is defined as a production building which does not satisfy all of the Class 1 or Class 2 criteria set forth in the ordinance. Class 1 production buildings are permitted in agricultural, general residential or limited residential areas and are permitted in general or limited commercial areas by conditional use permit. Class 2 production buildings may be located in agricultural, general or limited residential, or general or limited commercial areas by conditional use permit. Class 3 production buildings are only permitted in production dwelling courts. The ordinance sets forth detailed standards for such courts. A nonresidential production building is a production building which is not used as a dwelling and which satisfies the bulk of the criteria for Class 1 production buildings. Nonresidential production buildings are permitted in all areas for uses otherwise allowed by the ordinance. The ordinance establishes a "design overlay" district which is coextensive with the commercial and industrial districts. All 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, and provides for the creation of a design review committee consisting of the Mayor, City Engineer, a member of the City's Land Use and Development Commission and a member of the City Council. The ordinance defines and regulates planned unit developments. It authorizes limited mixing of uses in such developments and provide 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 non-conforming lots and limits the expansion or modification uses. The ordinance also continuing non-conforming of any non-conforming structures for sets forth special limitations on land uses involving livestock, commercial kennels and hobby kennels. The ordinance establishes administrative procedures and substantive standards for changes of land use districts, amendments to the City's comprehensive plan, and applications for conditional use permits or variances. The ordinance establishes criterias for the review of applications for variances and conditional use permits, restricts the circumstances in which variances may be granted, and requires that any decision by the design review committee, land use and development commission or city council shall be in writing and shall be accompanied by a statement in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon and explain the justification of the decision based upon the criteria, standards and facts set provides that any decision by the commission regarding variances or forth. The ordinance also land use and development conditional use permits may be appealed to the city council by any person adversely affected by the granting or denial of the same. The ordinance provides that the city council shall hear the appeal de novo, except that the commission's decision shall be entered into the record, The ordinance also provides that the commission's decision shall also be reviewed de novo by the city council if a majority of the city council vote at the next regularly scheduled city council meeting to review the same. 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 offense. The full text and/or $300.00 fine for each misdemanor of this ordinance is available from the City Clerk of the Chubbuck City Offices, 5160 Yellowstone, Chubbuck, Idaho 83202. I hereby certify that the foregoing summary ~s true and complete, and that it provides adequate notice to the public. DATED th~s 2nd day ef May, 1983. B. LYN~INMILL, CITY ATTORNEY LAND USE ORDINANCE Table of Contents CHAPTER I--TITLE, PURPOSE, SCOPE AND DEFINITIONS Section 1-1 Short Title 1-2 Purpose 1-3 Interpretation 1-4 Scope 1-5 Definitions INTERPRETATION, No. 241 Page CHAPTER II--LAND USE DISTRICTS AND GENERAL CONTROLS Section 2-1 2-2 2-3 Enumeration of Districts District Boundaries and Land Use Map General Controls by District CHAPTER III--SUPPLEMENTAL CONTROLS Section 3-1 3-2 3-3 3-4 Purpose Supplemental Yard, Height and Use Controls Supplemental Controls for Particular Uses Miscellaneous Supplemental Controls 13 13 15 23 CHAPTER 4--DESIGN OVERLAY DISTRICT AND CRITERIA Section 4-1 4-2 4-3 4-4 Purpose District Boundaries and Land Use Map Uses Design Review 24 24 24 24 CHAPTER 5--PLANED UNIT DEVELOPMENTS Section 5-1 5-2 5-3 5-4 5-5 5-6 5-7 5-8 5-9 5-10 5-11 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 Planed Unit Development 26 27 27 27 27 28 28 28 29 29 29 (continued LAND USE ORDINANCE Table of Contents Page CHAPTER 6--NON-CONFORMING USES Section 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 Purpose Incompatibility of Non-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 Livestock Kennel 33 33 33 33 33 35 36 36 36 CHAPTER 7--ADMINISTRATION Section 7-1 7-2 7-3 7-4 7-5 Scope Hearing Procedures Variances Conditional Use Permits Consistency with Comprehensive Plan 36 36 39 40 42 CHAPTER 8--ENFORCEMENT Section 8-1 8-2 8'3 8-4 Location of Structures and Uses Permits and Municipal Services Civil Remedies Criminal Penalties 42 42 42 43 CHAPTER 9--MISCELLANEOUS PROVISIONS Section 9-1 9-2 9-3 Repeal of Prior Conflicting Ordinances Severability Effective Date 43 43 43 ORDINANCE NO. 24] AN ORDINANCE REPEALING ORDINANCE NO. 205 OF THE CITY OF CHUBBUCK, IDAHO, AND AMENDMENTS THERETO, AND ENACTING A REVISED LAND USE ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO REGULATING LAND USE WITHIN THE JURISDICTION OF THE CITY; SETTING FORTH THE TITLE, PURPOSE, INTERPRETATION, AND SCOPE OF THIS ORDINANCE; DEFINING THE TERMS 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 DEVELOPMENT; GOVERNING CONTINUATION OF NON-CONFORMING USES; SPECIFYING STANDARDS AND PROCEDURES APPLICABLE TO APPLICATIONS FOR CONDITIONAL USE PERMITS, VARIANCES, AND REVISION OF USE DISTRICT OR OTHER AMENDMENTS TO THIS ORDINANCE; PROVIDING FOR ENFORCEMENT 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 OF 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 Revised 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 to 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, and amendments thereto, all as set forth in the Idaho Code. SECTION 1-3: Interpretation. This ordinance shall be construed liberally in the public interest, as a prescription of minimum land use standards, to accomplish the foregoing purpose. 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 any 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. 1 SECTION 1-5: Definitions. For the purpose of this ordinance: (a) "Accessory structure" means a structure (defined below) which is located on the same lot with, and erected concurrently with or subsequent to, a principal structure, and which is used ina manner incidental and subordinate to the principal structure. (b) "Agriculture" means the tilling of soil, the raising of crops, commercial horticulture and gardening, but it does not include the keeping or raising of any animals except in compliance with applicable ordinances, nor does it include agricultural industry or businesses such as fruit packing plants, fur farms, kennels, feed lots or slaughter houses. (c) "Animal Care Site" means any location, other than a kennel, 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. (el "Child care center" means any place, home, structure or location where care is provided, for compensation, during part or all of the twenty-four (24~ hour day, to five (5) or more persons under the age of eighteen (18) years not related by blood, adoption, or marriage to the owner, tenant or manager of the premises. Such term specifically includes day care centers, nurseries, kindergartens or any other facilities providing care for children during the day or night; but does not include schools that have received conditional use permits under this ordinance. (fl "Drive-in establishment" means a business location designed to allow provision of goods or services to customers who remain in. or on vehicles. (g) "Dwelling" means a structure used for residential purposes by one or more households, but excludes hotels, motels, and other transient housing which provides accommodations on a daily or weekly rental. (h~ "Home occupation" means any economic activity, conducted e~tirely within a dwelling structure which is clearly incidental and secondary to the use of the structure for residential purposes. (i) "Household" means one (1) or more persons living together as a single economic and housekeeping unit. (j) "Kennel" is defined as follows: 2 (1) "Hobby Kennels" means any location other than a veterinary hospital and a commercial kennel where four (4) or more dogs over four (4) months of age are kept. (2) "Commercial Kennels" means (.1) any location where one or more female dogs are kept primarily for breeding and the offspring thereof are sold for profit, and (2) any location, other than a veterinary hospital, where dogs are received for boarding and/or care. (k) "Livestock" means cows, inclusive of all bovine; sheep, inclusive of all ovine; goats, inclusive of all caprine; horses, inclusive of all equine; rabbits; and fowl, inclusive of all turkeys, chickens, ducks, geese, and pigeons. (1) "Lot" means a 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. (m) "Multiple household dwelling" means a dwelling containing three or more households. (n) "Non-conforming use" means a use which complies with all existing laws at the time this ordinance becomes effective, but does not conform to the regulations prescribed herein. (ok "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. (p) "Planned unit development (PUD}" means one or more structures embracing a combination of land uses within an integrated and harmonious scheme, under unified control. (q) "Production building" means a structure intended for human occupancy or use which is fabricated at a location other than the site where it is intended to be so occupied or used, and which arrives at the occupancy site as a building ready for occupancy or use except for minor and incidental unpacking and assembly, placement on foundation or supports (if any), connection to utilities and the like. (~ "Class I production building" is a production building, as defined above, (al from which all axles, hitches and other appurtenances for transportation have been removed; (b) which is affixed to a permanent foundation; (el which is not less than twenty-four (24) feet wide at its shortest dimension; (d~ which is determined by the City building official to possess the typical design and exterior construction characteristics of 3 site buildings as defined herein; (e) which conforms to the building codes and standards including (without limitation) the Uniform Building Code, as amended, applicable to site buildings as defined herein, and (f) which is used as a permanent dwelling. (21 "Class II production building" is a production building, as defined above, that (al satisfies items a and b of the Class I criteria set forth above, (b) was produced since June 15, 1976, (c) was produced in compliance with the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development (or such other codes or standards as may be from time to time propounded by HUD or a successor agency), (dl is used as a permanent dwelling , (e) is multi-sectional with a minimum floor area of 480 square feet/section, (f) has a non-metallic, wood shake or asphalt shingle roof with a minimum slope of 16% (2:12~ and a minimum 6" eave, or gutter and eave attached to the entire perimeter of the roof, .(igl has horizontal aluminum, simulated wood or wood siding, (h) has a masonry foundation or foundation facia that is similar in appearance and durability to masonry foundation of site-built dwellings, as approved by the City building official, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade, ~il. is permanently fixed, and set upon a permanent foundation having an anchoring system that is totally concealed under the structure, (jl is installed on site following the issuance of a valid building permit and any other permits required by Code or Ordinance, (k) complies with all other applicable requirements of the land use district in which the production building is located including, but not limited to, lot size and setback requirements, (11 has a design and appearance which is congruent with the predominant design and appearance of other site buildings in the existing neighborhood. (3} "Cla~s III production building" is a production building, as defined above, that does not satisfy all of the Class I or Class II criteria set forth above but is used as a permanent dwelling. (4) "Non-residential Production Building" is a production building which is not used as a dwelling, as that term is defined herein and which satisfies items a, b, c, d and e of the Class I production bulding criteria set forth above. (5) "Production Building Cluster Arrangement" is a subdivision, park, court or other area that (1) is intended for residential use where residence is in production buildings exclusively and which is constructed, built and maintained in conformance with Section 3.3 (k) of this Ordinance, or (2) is located in an area which was included in the R-2T use district by Chubbuck City Ordinance No. 98, regardless of whether said subdivision, park, court or area was or is constructed, built or maintained in conformance with Section 3-3(~ of this Ordinance. (rl "Salvage site" means any outdoor location where junk, waste, or discarded, dismantled, or salvaged materials, including but not limited to, motor vehicles, not in operating condition and not being restored to operation but excluding animal products, are stored, handled, crushed, processed, recycled, further dismantled or salvaged for re-sale, profit, monetary gain or other commercial purpose. ($) "Sign" means any visual device designed or used to convey information. (t) "Shop" means a location where manufacturing, fabrication, or assembly activities are conducted. (u) "Site building" means a structure intended for human occupancy or use which is primarily fabricated at the site where it is intended to be so occupied or used. (iv~ "Store" (noun~ means a location where retail sales of goods or services are conducted. (w) "Street" means a way for vehicular traffic, except: (1] 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. (x) "Structure" means any construction or improvement, other than a driveway or other hard surface at ground level, upon or within land, and includes buildings, signs, and walls or fences more than six (6~ feet in height. (iy~ "Use" means any purpose for which land or a structure is designed arranged or intended, or for which it is or may be occupied, utilized or maintained. 5 (z) "Vehicle repair site" means any location where automobiles, trucks, trailers, motor homes, campers, and other vehicles, mobile equipment or appurtenances thereof are repaired, reconditioned, rebuilt, painted, otherwise subjected to mechanical or structural work, or are stored for less than fifteen (15) days while awaiting such repairs or work. (aa) "Vehicle sales site" means any location where 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. (bb) "Vehicle storage site" means any outdoor location used for the storage, under restrictions imposed by this Ordinance, of operable vehicles or mobile equipment including, but not limited to, automobiles, trucks, trailers, motor homes and campers, unless such vehicles are dismantled, salvaged, or in the process of being salvaged, in which case such location shall be regarded as a salvage site, and unless all such vehicles are stored for less than fifteen (15) days at a vehicle repair site while awaiting repairs, in which case such location shall be regarded as a vehicle repair site. For purposes of this definition, a vehicle or mobile equipment is salvaged or in the process of being salvaged if it is not in operating condition, is not being restored to operation, and is used or is to be used for scrap metal or used parts. (cc) "Yard" means open land on the same lot with a structure. (1) "Front yard" means the space extended 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 width of the lot adjacent to the rear lot line, except where the "side yard" overlaps. C3~ "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 purpose of this district is to provide for neighborhoods of single household dwellings, Class I Production Buildings, and, when conditionally p~rmitted, ~d~uble-~usehold dwelling~ (duplexes). Planned unit developments, Class ii Production Buildings, 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. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this ordinance. (d) Limited Commercial (C-l)--The purpose of this district is to provide for small office uses and neighborhood scale convenience business uses, which serve nearby residential areas. Some larger establishments may be conditionally permitted if compatible with adjoining uses. (e) General Commercial (C-2)--The purpose of this district is to provide for a broad variety of business establishments serving municipal or regional markets. These uses buffer against industrial area, and may include compatible light industrial uses when conditionally permitted. (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 th~ same manner as other provisions of this ordinance. Where conflicts exist between the district locations shown in the appendices and the future land use scheme set forth in the City's comprehensive 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 District. (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 and in conformity with all other applicable laws, codes or regulations. (12). No building or other structure shall be erected or altered -- (A) to provide for greater height or bulk; (B) to accommodate or house a greater number of families; (C) to occupy a greater percentage of lot area; (D) to have narrower or small rear yards, front yards, side yards, or other open spaces; other than as herein provided, or any other manner be contrary to the provisions of this ordinance. (13) No side yard in a lot within A, R-1 or R-2 districts, which is improved by an inhabitable structure at the time of passage of this ordinance, shall be reduced in width below five (.5) feet. Areas and dimensions of all other lots and yards shall meet at least the minimum requirements set forth herein. (b) General controls by district shall be as set forth in the schedule below. Specific uses are permitted where i~dicated 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 as herein provided. An "X" indicates that the use is neither allowed nor conditionally permitted. I~nterpretation of the schedule in specific fact situations where application of the general controls is in question shall be by the City Council. Any proposed use which is not specifically mentioned in the schedule below, or is not given a "P" or "X" designation by City Council interpretation, shall be allowed only upon issuance of a conditional use permit. (c) When several combined land uses exist or are proposed, the most intensive land use shall be considered the primary activity or use, unless a conditional use permit is issued for a planned unit development as set forth in Chapter V of this ordinance. All non-primary activities or uses outside a planned unit development shall only be allowed in accordance with the Schedule of General Controls, unless the same constitute subordinate uses which are customarily incidental to and located on the same lot or in the same building as the primary activity or use. (d) Any reference in the Schedule of General Controls to a use as conditionally permitted does not constitute a finding or declaration by the city council that such use would necessarily be consistent with the comprehensive plan of city. The Land Use and Development Commission and City Council shall not approve an application for a conditional use permit for a particular proposed use unless such proposed use is found to be consistent with the comprehensive plan and conforms to the criteria set forth in section 7-6 of this ordinance. 9 SCHEDULE OF GENERAL CONTROLS LAND USES A R-1 Advertising Agency X X Agricultural Implement Sales X X Agriculture (except Livestock) P P Amusement Centers, Indoor Only X X Animal Care Site X X Aquarium Shop X X Art Gallery X X Asphalt Plant X X Auction Service X X Automotive Parts Store X X Bakery Goods Store X X Bank-Savings and Loan X X Barber Beauty Shop X X Bar Supply Shop X X Bath House, sauna or mineral X X Battery Shop X X Bearing Supply Shop X X Beverage Bottling Plant X X Boat Dealer X X Book Store X X Bowling Alley X X Brick Sales Yard X X Building Supply Outlet X X Cabinet Shop X X Candy Store X X Carpet & Rug Cleaner X X Car Wash X X Caterer Service X X Cement or Clay products mfg. 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 X X Employment Agency X X Equipment Rental and Sales Yard X X DISTRICTS R-2 C-1 C-2 I X X C C X X P P P P P P X C C X X X C C X C P C X X P C X X X X X X C C X C P P X P P C X P P X X P P X X X P C X X C C X X C C X X P P X X C P X X P X X P P X X X P X X X C P X X P P X X C P X P P X X X P X X X P P X X P C X X X C C X C C X X P X X X X C C C C C C C C C X C P P X X X P X C P P X X P X X X P P X X P X X X C C X P P X X X P P X X P P X X P P X X P X X X P P 10 L~ 3 A Exercise Salon X Exterminating Company X Fabric Store X Feed Manufacture & Storage X Feed & Seed Store & Fertilizer X Film Processor X Finance Company Office X Firearms Sales and Repair X Fire Equipment Sales X Fireplace Store X Florist Store X Food Processing Plant X Food Store, Delicatessen X Frozen Food Locker X Fuel Yard X Funeral Home X Furniture Refinishing X Furniture Store X Garment Store X Gift Shop X Glass Shop X Golf Course C Government Facilities C Grain Storage X Greenhouse X Grocery Store X Home Occupation C Hospital C Hotel X Housecleaning Agency X Ice Cream Parlor X Ice and Dry Ice Manufacturer X Ice Skating Rinks C Industrial Equipment & Supplies X Insulation Contractor X Irrigation Systems and Equipment X Jewelry Store X Karate - Jiu-Jitsu Instruction X Kennel (Hobby) P (Commercial). X Laboratory, Medical, Dental or Optical X Landscaping p Laundromat, Self-Service X Lawn Mower Sales & Service X Linen Supply Services X Livestock p Locksmith X Machine Shop X Manufacturing X Meat Packing Plant X Microfilming Service X Mining Equipment Supplies X R-1 R-2 C-1 C-2 I X X X P X X X X P P X X X P X X X X X C X X X C P X X C P X X X X P X X X X P X X X X P X X X X P X X X P P X X X X X C X X P P X X X X P P X X X X C X C C P X X X X C P X X X P X X X X P X X X P P X X X X P P C C X C C C C C C C X X X X P X X X P P X X C P X C C - - - C C C C C X X X P X X X X P X X X P P X X X X P P C C C C C X X X P P X X X P P X X X P P X X X P X X X X P X P P P P P X X X C C X X X P X X X X P P X X C P X X X X P X X X X P C X X X X X X X X P X X X X C P X X X C P X X X X C X X X P P X X X C P 11 Monument Works Motel Motorcycle Store Moving & Storage Company Muffler & Exhaust Sales & Service Multiple Household Dwelling Music Store Non-Residential Production Building A R-1 R-2 C-1 C-2 I X X X X C P X X X X P X X X X X P X X X X X C P X X X X P X X X P C C C X X X X P X (for uses otherwise allowed) P P P P Nursing Home C C C C Office, Professional X X X C Paint Store X X X X Paper Distributors X X X X Parking Lot, Garage, or Facility X X X X Pet Grooming Service X X X Pet Shop X X X X Photographic Studio X X X C Planned Unit Development C C C C Plumbing Contractor & Shop X X X X Printing & Publishing X X X X Production Buildings (for uses otherwise allowed) Class I P P P C Class II C C C C Class III (outside Production Building Cluster Arrangements) X X X X Class III (within Production Building Cluster Arrangements} P X P X Production Building Cluster Arrangement C X C X Production Building Sales X X X X Public Utility Yard X X X X Railroad Yard or Shops X X X X Recreational Vehicle Sales X X X X Rendering Plant X X X X Restaurant X X X C Retail Stores & Services X X X X Riding Stable or School P X C X Roadside Stand P X X C Roofing Contractor X X X X Salvage Site X X X X Sanitary Landfill C X X X School C C C C Single Household dwelling P P P C Site Buildings (ifor uses otherwise allowed) P P P P Service Station X X X C Swimming Pool Sales X X X X Taxi Service X X X X Television Studio, Radio Station X X X X Terminal Yard, Trucking X X X X Tire Shop, including recapping X X X X Tool Repair Shop X X X X Tree Service X X X C Vehicle Repair X X X X Vehicle Storage Site X X X X Warehousing, Wholesaling X X X X Wedding Chapels, Services X X X X Welding Equipment & Supplies X X X C Well Drilling X X X X Wood Processing Plant X X X X P C P P P P P P P C P C C C X X X P C C P X P P C C X X X C C P P P P P C P P C P C C P P X X P C X X P P X X X C P P X X X X X X P P X X X X C C P X C C X P P X P X P P X C P C P X P P C 12 GENERAL CONTROLS (Continued HEIGHT AND AREA REGULATIONS ~ M/I~I/~4 M~I/~3M MINIML~ FiKI~T REAR SIDE · TOTAL ~ YARD YARD YARD YARD DISTP~ICT HEIGHT SETBA~{ S~'I'kkACK Sh'I'iiACK * WIDTH A 35' 25' 20' 14'-5' 70' R-1 35' 25' 20' 14'-5' 70' R-2 45 ' 20 ' 20 ' 14 '-5' 60 ' C-1 45 ' 15 ' -- C-2 60 ' 15 ' -- I 60' 15' -- *Minim%~ Total setback is indicated on left; minimum setback for a sideyard is indicated on right. In ~ddition, the setback for at least one of the side yards shall be a distance of no less than nine (9 ~ feet. On a corner 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 frc~ the corner point of the lot. MINI~3M LOT AREA PER HOUSE- HOLD DWR. T.T.ING (IN SQ. FT) one acre. 7,000 first household plus 4,000 each additional 6,000 sq. ft. household plus 2,500 each additional. CHAPTER III SUPPLEMENTAL CONTROLS SECTION 3-1: Purpose. The purpose of this Chapter is to prescribe additional controls for particular uses, categories of uses, or areas where problems frequently are encountered. SECTION 3-2: Supplemental Yard, Height and Use Controls. (a) Visibility in 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 front yard setback described in the "Height and Area Regulations" in the foregoing Chapter. (lb) Yard Requirements for Multi-Household Dwellings-- A multi-household dwelling shall be considered as one (1} structure for the purposes of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1~ 13 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 or combination thereof 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. Land- scaping provided in lieu of or in addition to such wall or fence shall be properly maintained and shall, at a minimu, 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 planting. The landscaping and/or screening which shall be sufficient to satisfy the requirements of this provision and reduce the minimum yard requirements by fifty percent (50%) shall be determined in each case by the Design Review Committee. (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 minimu front, side, or rear yeard. (e) Exceptions to Height Regulations--The height limitations contained in the official Schedule of District Regulations shall be increased by ten (10) feet for spires, belfreys, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof-level and not intended for human occupancy. Such structures may exceed the height limitations provided for in this paragraph only upon the issuance of a conditional use permit as herein provided. (f) Critical areas--The Land Use and Development Commission may recommend and the City Council may, in resolution, impose additional controls upon density of development in a defined area within the City, if 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 also by resolution impose a moratorium upon issuance of building permits in the area, for a reasonable period of time. 14 (g) 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 substantially and demonstrably adversely affect the surrounding areas or adjoining premises. Economic impact upon property values or land uses may be considered in application of this section. This subsection shall apply notwithstanding compliance with any pertinent specific standards set forth elsewhere in this ordinance or in other applicable laws, codes or regulations. (h) Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. (i) No activity 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. (j) 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. (k) No vibration shall be permitted which is discernible without instruments on any adjoining lot or property (1) Air and water pollution shall be subject to the requirements and regulations established by the Idaho Department of Health and Welfare. (m) No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street. (n) No erosion, by man, wind, or water, shall be permitted which will carry objectionable substances onto neighboring properties. SECTION 3-3: Supplemental Controls for Particular Uses. (a) Accessory Structures-- (~1~. May be located only in rear yards or portions of side yards beside or behind principal structures. (25 Shall not be located closer than five [5) feet from any side or rear property line. (135 Consisting of abandoned railroad cars, abandoned truck trailers or vans, or production buildings formerly used as a dwelling are excluded from all residentail and agricultural districts and may only be allowed in industrial and commercial districts upon issuance of a conditional use permit. 15 (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 house- keeping 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) Shall be located at least three hundred (300) feet from a residential zone, a residence, motel, or hotel, except for an owner's residence. (2) Shall be erected subject to the approval of the fire chief, and in accordance with the Uniform Fire Code. (3) Shall have suitable loading and unloading spaces and off-street parking facilities subject to the approval of the fire chief. (d) Chemical, Pesticide and Fertilizer storage and manufacturing activities shall have adequate fire protection, storage areas, warning signs and handling and disposal practices as approved by the Fire Chief, and in accordance with the Uniform Fire Code as adopted. (e) Drive-In Establishments-- (i1) Shall 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~ Shall have a six (.6~ foot high sight-obscuring fence along the property lines that adjoin a residence. (3) Shall provide for adequate trash receptacles. (14~ Shall avoid the direction of night lighting toward any residence. (f) Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of Commercial Value-- ~1} Upon depletion, the area shall be reclaimed and restored to its original appearance, to the extent feasible, and in accordance with a reclamation plan approved by the Land Use and Development Commission and City Council and all temporary structures or equipment shall be entirely removed from the property. (12) Safety fencing shall be erected around all pits that create a safety hazard. 16 (g) Home Occupations-- ~1~ No person other than members of the household 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 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 the structure 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. Any need for parking generated by the conduct of such home operation 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 occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. 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. (61 The use shall not change the character of the neighborhood. (h) Kennels-- Commercial Kennels: A. Shall be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs in such commercial kennel, which cage, structure, dog run or kennel ~1~ shall have a minimum area of fifteen (15) square feet for each dog kept therein, (2} shall be located at least three hundred(300k feet from any structure intended for human occupancy or use, except for the owner's residence, (3) shall have such fences or structures as may be necessary to confine the doge and to screen them from public views and from views from abutting properties, and (.4l shall contain facilities for the disposal of animal waste, other than through the use of the City's garbage collection service, which facility shall be maintained so as to prevent odors 17 detectable from public areas and abutting properties. B. Shall comply with all other state and local regulations relative to such an operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. (2) Hobby Kennels: A. Shall only be maintained upon a lot which has a minimum area of four thousand (4,000) square feet for each dog kept on such lot, regardless of the number of persons keeping or harboring dogs on such lot. B. Shall be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs kept in such hobby kennel, which cage, structure, dog run or kennel (1) shall have a minimum area of fifteen (15) square feet for each dog kept therein, (2) shall be located as far as possible from any structure intended for human occupancy or use, except for the owner's residence, (3) shall, in any event, be located at least one hundred (100) feet from any such structure, except for the owner's residence (4) shall have such fences or structures as may be necessary to confine the dog and screen them from views from abutting properties, and (5) shall contain facilities for the disposal of animal waste, other than through the use of the City's garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties. C. Shall comply with all other state and local regulations relative to such an operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. (i) Off Street Parking Requirements-- Type of Use Parking Spaces Required Residential Two (2~ for each household Commercial 1. Vehicle Repair Sites 2. Hotels and motels 3. Funeral parlors, mortuaries and similar type uses. One (1) for each two (2) gasoline pumps and two (2) for each service bay. One (i1} per each sleeping room plus one (1) space for each two employees. Two (2~ for each one hundred (~00) sq. feet of floor area in slumber rooms, parlors, or service rooms. 18 Recreational or Entertainment Dining rooms, restaurants taverns, night clubs, etc. Bowling alleys. 3. Dance floors, skating rinks 4. Outdoor swimming pools, public or community or club. Auditoriums, sports arenas, theaters and similar uses Retail stores 7. Banks, financial institutions and similar uses Offices, public or professional administration or service buildings. Ail other types of business or commercial uses permitted in any business district. Institutional 1. Churches and other places of religious assembly. 2. Hospitals Sanitariums, homes for the aged, nursing homes, children homes, asylums, and similar uses. 4. Medical and dental clinics. 5. Libraries, museums, and art galleries. Two(2) for each one hundred 100 sq. ft. of floor area. Two (2) for each alley or lane plus two (2) additional spaces 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. One (1) for each two hundred fifty (250) sq. ft. floor area. One (1) for each two hundred (200) sq. ft. of floor area. One (1) for each three hundred (_300} sq. ft. of floor area. One (~1) for each three hundred (300) sq. ft. of floor area. One (1). for each five (5) seats. One (.1~ for each bed plus one (11 for each three (3) employees. One (1) for each two (2) beds. One (1) for every two hundred (200) sq. ft. floor area of examination, treating room office and waiting room. One (1~ for each four hundred (~00~ sq. ft. of floor area. 19 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) students 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) employees (on the largest shift for which the building is designed) and one (1) for each motor vehicle used in the business. o Express, parcel delivery and freight terminal One (1) for every two (2) employees (on the largest shift for which the building is designed) and one (1) for each motor vehicle maintained on the premises. In the interpretation of this subsection the following shall govern: 1. Parking spaces for other permitted or conditional uses not listed in this subsection shall be determined by the City Council. 2. Fractional numbers shall be increased to the next whole number. 3. Where for any reason parking demand is unusually high or low, then the parking space provisions cited above may be adjusted proportionately by the Council without the necessity of a variance. 4. Paved surfaces must be provided for all off-street parking; and such surfaces must be maintained and kept clean. ~j} Outdoor Storage of Commercial and Industrial Products or Materials-- (~1~ Shall be enclosed by properly maintained f~nces or other structures sufficient to completely screen the commercial and industrial materials from views from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street. 20 (2) Shall not be located in any front yard setback area. (k) Production building cluster arrangements-- Cluster arrangements are mandatory for Class III production buildings. The following standards shall apply to residential clusters, and shall control in event of conflict with any other provision of this ordinance: (1) The minimum area 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 clustered arrangement being for long term residential occupancy, no space shall be rented for periods less than thirty (30) days. (4) Off-street parking areas shall be provided at the rate of at least two (2) car spaces for each dwelling. (5) Clusters shall be buffered against adjoining land uses in the same manner prescribed for non-residential uses adjacent to residential uses, in Section 3-2(c) of this ordinance. (6) There shall be at least twenty (20) feet between the dwellings and at least twenty (20) feet between an individual dwelling and any adjoining pavement areas of a park, street, sidewalk, common parking area or other common area. There shall be at least twenty (20) 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. (3~ All improvements within the cluster arrangement including streets and utilities shall be completed within two (2) years from the issuance of the conditional use permit. (_8~ The cluster arrangement shall be screened from adjoining property and streets by a solid screening f~nce, with such additional landscaping as the City Council may require. (9) The developer of a cluster arrangement shall be required to obtain design review clearance for the overall development prior to obtaining a conditional use permit. (]10~ No cluster arrangement shall be allowed where access to the court is by a local, as opposed to arterial or collector street. 21 (lll 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. (12) Each dwelling space shall be a minimum of 5,000 square feet in area. (13) Each dwelling space shall contain no more than one production building and each such building shall be a single family dwelling. (14~ Except as otherwise provided, herein, the cluster arrangement shall meet all applicable provisions of the Chubbuck Land Development Ordinance and Land Improvement Standards Ordinance, as they may be amended. The City Council shall have the right in approving a production building cluster arrangement under this section to impose any additional conditions, including 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. (1) Production Building Sales Office -- (1) Anything in this ordinance to the contrary notwithstanding, a production building sales site may use one(l) Class I or Class II production building as a sales office. (m) Riding Stables and Schools-- (1) Shall 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) Shall 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. (.31 Shall be required that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance. (n) Vehicle Storage Sites-- (1~ Shall be enclosed by properly maintained fences or other structures sufficient to completely screen vehicles on the premises from public view and from views from existing adjoining residences or residentially zoned areas, whether or not such property is separated by an alleyway or street. 22 Any fence constructed to satisfy this requirement shall not exceed eight (8) feet in height, measured from the natural elevation of the land. (2) Shall be free of all weeds and other rank vegetable growth. (3) Shall not contain more than two (2) acres. SECTION 3-4: Miscellaneous Supplemental Controls. (a) Conversion of Dwellings to More Units--A dwelling may not be converted to accomodate an increased number of household units unless: (1) The yard dimensions still meet the requirements 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. (c) ~ ~Parking and Storage of Certain Vehicles--Vehicles, campers, or trailers of any kind or type without current license plates shall not be parked or stored in any residential district other than in completely enclosed garages or carports. However, boats, travel trailers and detached campers may be stored in the side or rear yard. (d) Required Trash Areas--All trash and/or garbage collection areas for commercial, industrial and multi-household residential uses shall be enclosed on at least three (3) sides by a well maintained solid wall or 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. 23 (g) No structure, fence or tree shall be constructed, placed, allowed to grow, or permitted to remain within any dedicated street right-of-way, regardless of the width of the street. The property owner shall maintain any curb and sidewalk within the right-of-way and shall keep the right-of-way clear of obstructions or other hazards. (h) No persons living at a household in a residential land use district shall keep and regularly and continuously park, in any public street or right-of-way adjoining the premises where the household is located, more than one (1) motor vehicle per household. Additional motor vehicles and any campers, trailers, boats or other vehicles, shall be parked off the public street or right-of-way. CHAPTER FOUR DESIGN OVERLAY DISTRICT AND CRITERIA SECTION 4-1 Purpose. The design overlay district is superimposed over other land use districts and is intended to guide the general appearance and arrangement of commercial and industrial uses in order to create an attractive 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 B. 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. All applications shall be accompanied by appropriate architectural and site deuelopment 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 showing building materials and proposed color scheme,existing grade and proposed new grades. All such drawings and plans shall be reviewed by a Design Review Committee consisting of the Mayor, City Engineer, a member of the City's 24 Land Use Development Commission, and a member of the City Council and may be further reviewed by the City Council upon request of the developer, any interested party, or by any member of the Committee or of the City Council. The Committee shall meet from time to time at the call of the Mayor. (b) The Committee (and Council, as appropriate) shall consider the following matters in reviewing the application: (1~ Consideration relating to traffic safety and traffic congestion: (A) The effect of the site development plan on traffic conditions on contiguous streets. (B) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways. (C) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion. (D) The location, arrangement~ and 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 advertising: (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: LA) 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. (4~ Considerations relating to structures and site layout. (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. 25 (5) Considerations relating to drainage. (A) The effect of the site development plan in relation to the adequacy of the storm and surface water drainage proposals. (c) Promptly after receipt of an application for design review clearance, the Committee shall either approve or deny such application. In approving an application, the Committee may impose additional conditions or limitations as deemed necessary. Upon granting or denying the application, the Committee shall specify: (1) The ordinance and standards used in evaluating the application. (2) The reason for approval or denial. (3) The actions, if any, that the applicant could take to obtain a building permit. The Committee's decision shall be set forth in a written memorandum lodged with the City Clerk and shall become final if no written request for review has been received by the Clerk prior to the conclusion of the next regularly scheduled City Council meeting. If such a request is received, the matter shall be reviewed by the City Council at the next available meeting, with reasonable notice furnished to the developer. In approving or denying any application upon review, the City Council shall follow the procedure of this subsection. 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 development 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, setback, and area requirements. (b) 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 substantial savings through shorter utilities and streets. 26 (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 for residential use with subordinate commercial or industrial uses. (c) Ten (10) acres for commercial use. (d) Ten (10) acres for industrial use. SECTION 5-4: 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. (c) That the uses are planned as an integral part of the PUD. (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 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. 27 SECTION 5-6: Common Open Space in Residential PUD's. (a) A minimum of ten percent (10%) of the gross land area development in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or uses of the area being developed. The City may allow a credit for lands so reserved, against dedication of park land otherwise required by 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 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: ~ak 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, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering)--a maximum increase of five percent (5%). 28 (lc} 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 points in 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 a more 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. ~ Project side yards of forty (~0~ 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: Prodecure 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. 29 (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 familarize 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) Name, address, and phone number of applicant; (2) Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the Preliminary Development Plan; (3) Legal description of property; (4) Description of existing use; (5) Land use districts; (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; layout, dimensions and names of existing and proposed streets; right-of-ways; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas and such other characteristics as the Engineer deems necessary. (8) Proposed schedule for the development of the site. (9~ 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 a Preliminary Development Plan 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. (~)r 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. 30 (d) The same provision for public hearing and legal notification as set forth in this ordinance for conditional use permits shall be followed. (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 interrelationsip 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) years from the date of issuance of the approval. At a minimum, the application shall contain the following information: (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. (21 All the information required on the Preliminary Development Plan; the location and sizes of lots, location and 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, 31 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 gas 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 and 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 improvements thereon, including those areas which are to be commonly owned and maintained. (g) Within sixty (60) days after receipt of the Final Development Plan, the Commission shall recommend to the City Council that the Final Development Plan be approved as presented, approved with supplementary conditions, or disapproved. The Commission shall then transmit all papers constituting the record and the 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 increased densities will not generate traffic in such amounts as to overload the street network outside the PUD. (14~ Any proposed commercial development can be justified at the locations proposed. 32 (5) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the Final Development Plan, in accordance with the PUD and the adopted policy of the Commission. (6) The area surrounding said development can be planned and developed in coordination and substantial compatibility with the proposed development. (7) The PUD is in general conformance with the comprehensive plan. (8) The existing and proposed utility services are adequate for the population densities and non-residential uses proposed. (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 application the Council shall specify: (1) The ordinance and standards used in evaluating the application. (2) The reasons for approval or denial. (3~ The actions, if any, that the applicant could take to obtain a conditional use permit. If the application is either approved or approved with conditions, a conditional use permit shall be issued. (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 or 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. SECTION 6-2: Incompatibility of Non-Conforming Uses. Non-conforming uses are hereby declared incompatible with permitted 33 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 Record 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 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 land, individual structures, or if 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 34 district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) No existing structure devoted to a non-conforming use 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 be changed to another non-conforming use; provided, that the Land Use and Development Commission 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 Land Use and Development Commission may require appropriate conditions and safeguards in accordance with other provisions of this Ordinance. (d) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use shall 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 one (1) year (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, destruction of the structure, or damage to the structure to the extent of sixty percent (60%) or more of its fair market value, shall eliminate the non-conforming status of the land. (g} A non-conforming use of land shall be made to conform to the provisions of this ordinance within a period of two (2) years after this effective date of this ordinance. 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. 35 Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building 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. SECTION 6-8: Livestock. Wherever the keeping of livestock has been lawfully conducted under prior ordinances, and constitutes a non-conforming use, such livestock may be bred, replaced and sold or traded so long as the number and type of livestock allowed under said prior ordinance comply with the provisions of Chubbuck Ordinance No. 185, Section 5(d). SECTION 6-9: Kennel. No commercial kennel or hobby kennel, as defined herein, which constitutes a non-conforming use under the terms and provisions of this ordinance, shall be operated or maintained in violation of the terms and provisions of this ordinance or within any district in which the same is not permitted, after December 31, 1983. CHAPTER SEVEN ADMINISTRATION SECTION 7-1: Scope. The administrative procedures set forth in this chapter apply, except as otherwise indicated, to applications or petitions for design review clearance, issuance of conditional use permits (including PUD approval), granting of variances, revisions of use districts, and any other amendment of this ordinance or of the City's comprehensive plan. SECTION 7-2: Hearing Procedures. (a) Application. Any person who owns, or has a contractual interest in real property governed by this ordinance may submit a written application under oath, with ten (10) copies thereof, to the City Clerk, in a form which the Clerk may prescribe, for issuance of a conditional use permit, variance, design review clearance, or revision of a use district and may submit a petition, with ten (10) copies thereof, to the City Clerk for an amendment of the City's comprehensive plan or of this ordinance. The applicant or petitioner shall pay to the Clerk a hearing notice and application review fee of twenty dollars ($20.001 and, for an application for a conditional use permit, variance, or revision of a use district, an 36 additional hearing notice fee of one dollar and fifty cents ($1.50) for each or occupant affected by the application. The applicant for a conditional use permit, variance or revision of a use district shall furnish the Clerk a written list of the names and addresses of all owners of record and known occupants 0f properties within three hundred (300} feet of the subject property. Such list shall be deemed to identify all owners or occupants affected by the application. Any omission of notice due to a defect in the list shall be grounds for revision or modification of any action taken upon the application. (b) Content of Application. All applications and petitions shall be accompanied by such information and materials as is otherwise required by this Ordinance or as the City Clerk may reasonably require. (c) Notices. Upon receipt of a petition or application, with all required fees, lists and information, or upon direction from the Mayor of the City intends to revise, on its own initiative, the comprehensive plan, use districts or other provisions of this ordinance, the City Clerk forthwith shall schedule a hearing before the Land Use and Development Commission or Design Review Committee and, except where the application is for design review clearance, shall cause notice of hearing (1) to be published once in the official newspaper at least fifteen (15) days prior to the hearing, (2) to be disseminated generally to other local news media, and (3) to be posted prominently at the Chubbuck City Offices. If the application is for a conditional use permit, variance, or revision of a use district, the City Clerk shall also cause notice of hearing to be mailed to owners of record and known occupants of property within the external boundaries of the land being considered, within three hundred (300) feet of the lands or structurs affected by the proposed action, and within any additional area that may be impacted by the proposed change or conditional use as determined by the Commission. (d) Conduct of Hearing. All hearings before the Commission, except hearings on applications for design review clearance, shall be held as a public hearing, with opportunity for public comment or testimony. All public hearings provided for in this Ordinance shall be held in accordance with this paragraph and shall follow the order set forth hereinafter: 1. Explanation of subject of hearing by City staff, including recommendations, if any. 2. Presentation by applicant or petitioner 3. Testimony from audience in favor of and/or against the proposal 37 4. Questioning of involved parties by participants in the hearing 5. Closure of oral testimony 6. Discussion of hearing subject among Commission or Council members. Questions may also be directed to City Staff. 7. Conclusion of hearing process. The presiding officer may limit the time allotted to presentation of oral testimony in a public hearing. Said allocation of time shall provide for a reasonable opportunity for proponents or opponents of an issue to be heard. The presiding officer may exclude repetitious, personally malicious and irrelevent testimony. Written testimony may be admitted at a public hearing. Written testimony must be submitted at least three (3) days prior to the public hearing, shall comply with the standards for oral testimony, shall include the signature and address of the submittor, shall be made available to persons in attendance at the public hearing, or shall be read in full. A transcribable verbatim record of all hearings shall be maintained for six (6) months after a final decision has been reached on the matter. Upon written request and within the time period herein provided for the retention of the record, any person may have the record transcribed at his expense. Minutes of all hearings and proceedings shall also be kept and maintained indefinitely in accordance with city ordinance. (e) Approval or Denial of Application or Petition. Within thirty (30) days after the hearing on the application or petition, or such other time limits as may be imposed by this ordinance, the Commission or Design Review Committee shall decide whether to grant a variance, conditional use permit or design review approval and shall decide whether to recommend that the use districts be revised or that the City's comprehensive plan or this ordinance be amended. The Commission shall make a written record of the findings, in accordance with the requirements of this Chapter, and enter its decision. (f) Consideration of Recommendations and Appeals. If a written appeal from the approval or denial of a variance or conditional use permit is filed with the Clerk by the applicant, the review of the approval or denial of a variance or conditional use permit is to be reviewed pursuant to a vote of the City Council, the review by the City Council of an application for a design review clearance is requested pursuant to Chapter IV, or a recommendation as to revisions of the use districts or amendments of the City's comprehensive plan or this ordinance 38 is made by the Commission, the appeal or recommendation shall be placed on the agenda of the next available regularly scheduled City Council meeting. If the recommendation relates to a change in land use district, or an amendment of the City's comprehensive plan or this ordinance, a public hearing shall be conducted at or prior to the City Council meeting, using the notice and hearing procedures provided for in this Chapter. The Council shall, within thirty (30) days, make a written record of its findings in accordance with the requirements of this Chapter, and enter a decision. (g) Standards and Criteria. The approval or denial, by the Design Review Committee, Commission or Council, of any application provided for in this Ordinance shall be based upon the applicable purposes, standards and criteria set forth in this ordinance. (h) Form of Decision. The approval or denial by the Design Review Committee, Commission or Council, of any application provided for in this ordinance, shall be in writing and shall be accompanied by a statement in the form of findings of facts and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon and explain the justification of the decision based on the criteria, standards and facts set forth. The Design Review Committee, Commission and Council shall state what actions, if any, applicants could take to obtain design review clearance, variances or conditional use permits that have been denied. SECTION 7-3: 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 that 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. Except as provided below, 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 39 a possible present or future hardship for any other private party nor will it be contrary Go 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. (b) Personal hardship exception. Where a temporary deviation from strict compliance with the provisions of this ordinance would alleviate a compelling personal hardship for the application or the applicant's family, a six month variance may be granted. No such variance shall be granted upon economic grounds, nor shall such variance authorize any permanent construction, alteration or improvements to the lands in question. (c) Appeals. 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 Commission's decision. The appealing party must, within this time, file with the City Clerk a written statement of appeal (in any form). The City Council shall hear the appeal de novo, except that the Commission's decision shall be entered into the record. The Commission's decision may also be reviewed de novo by the City Council, if a majority of the City Council vote at the next regularly scheduled City Council Meeting to review the same. SECTION 7-4: Conditional Use Permits. (a) Duration, Assignability and Review. Unless otherwise specified by the Land Use Development Commission when granting, renewing, or modifying a conditional use permit, such permit shall be non-assignable and non-transferable and shall expire in three (3) years if the applicant fails to implement the use for which such permit is sought. A conditional use permit shall expire upon the violation of any conditions imposed upon the City Council's approval of a conditional use permit. The Commission may, as a condition imposed upon a conditional use permit granted hereunder, require that the applicant report to the Commission on a subsequent date or dates as to the implementation of the use for which the permit is sought and as to the applicant's compliance or non-compliance with conditions imposed by the Commission. (b) Appeals. Any person adversely affected by the granting or denial of conditional use permit by the Land Use and Development Commission may appeal within five (5) days from the date of the Commission's decision. The appealing party must, within this time, file with the City Clerk a written statement of appeal (in any form). The City Council shall hear the appeal 40 de novo, except that the Commission's decision shall be entered into the record. The Commission's decision may also be reviewed de novo by the City Council, if a majority of the City Council vote at the next regularly scheduled City Council Meeting to review the same. (c) Criteria and Standards. The following criteria and standards shall be applied in determining whether to grant or to deny any application under the terms of this ordinance for a conditional use permit, and in considering and defining the conditions (if any) to be imposed upon a conditional use permit granted hereunder: (1) The use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. (2) The permit sought shall not produce an adverse impact on the economic values of adjacent properties. (3) The permit sought shall not produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of this ordinance been satisfied. (4) Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. (5) Account shall be taken of the character and use of buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. (6) Account shall be taken of the aesthetic qualifites of the proposed use and surrounding lands. (7~ Account shall be taken of the support or opposition expressed by persons entitled to receive notice of the conditional use permit application. (8) The applicant shall show that he has taken all reasonable steps to comply with the strict terms of this ordinance. If the applicant has shown that the uses "allowed" under this ordinance are not feasible, such showing shall support an application for a conditional use permit. (9) Adverse impact on other development within the city shall be minimized as far as possible. (10) The sequence and timing of any development conditionally permitted hereunder may be controlled as appropriate. 41 (11) The duration of any development conditionally permitted hereunder may be controlled. (12) Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. (13) Any permit granted hereunder may designate the exact location and nature of the permitted development. (14) Any permit granted hereunder may require for on-site or off-site public facilities or the provisions service. (15) Any permit granted hereunder may require more restrictive standards than those otherwise required by this ordinance. (16) Notwithstanding the time deadlines established elsewhere in the ordinance for processing applications, the City Council may, if it deems such action necessary, require studies of the social, economic, fiscal, and environmental effects of a proposed conditional use prior to the granting or denying of the application therefor, and the applicable time deadline shall be extended accordingly. SECTION 7-5: Consistenc~ 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 comprehensive plan. CHAPTER EIGHT ENFORCEMENT SECTION 8-1: Location of Structure and Uses. No structure shall 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 Use and Development Commission hereunder, or of the City's comprehensive plan. SECTION 8-2: Permits and Municipal Services. The City will not issue permits to build, install, repair, or remove any structures 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 within the meaning of section 8-1 above. 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 42 injunctive proceedings against the owner, in order to obtain compliance with the ordinance. In such proceedings, the City shall request and the court may award the City its cost, as determined by court rule, together with a reasonable attorney's fee, and such ~th~r or further relief asthe 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 shall 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 ~rdinances. All prior ordinances and parts thereof, which cover the same subject matters 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 enforeceability of any of the remaining provisions. SECTION 9-3: Effective Date. The rule requiring ordinances to be read on three (3) separate occasions is hereby dispensed with and this ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho, this ~ day of ~ , 19 ~3 ATTEST: CITY CLERK 43 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 transfer of title to affected properties: Commencing at the midpoint of the intersection 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 comprehnsive 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: (1) 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 south of the middle 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 ~ort Hall lateral canal; south approximately^~40 feet along the lateral ca~al, east approxiamtely 400 feet; south approximately 575 feet; east approxi~m~tely 502 feet to the railroad tracks; northwest ~long the tracks approximateq~ 1050 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 !85 feet; south approximately 316 feet; east approximately 185 feet; north approximately 316 feet to the point of beginning. This area has been zoned R-2T under thc zoning ordinance preceding this land use ordinance. 4. Commencing at a point approximately 510 feet west and 25 feet north of the middle of the intersection of Whitaker Road and East Chubbuck Road; west approximately 120 feet; north approximately 2615 feet; east approximately 120 feet; south approximately 2615 feet to the point of beginning. This area has been zoned R-2L under the zoning ordinance preceding this land use ordinance. E. Within the city, the following areas which fall within the General Commercial~(C-2) district under the comprehensive plan shall be deemed General Residenl~i~ (R-2) under this ordinance until such time as the ordinance is amended, f~llLo~ing request from landowner(s) or transfer of title to affected properties: (1) Commencing at a point approximately 1320 feet east of the middle of the intersection of West Chubbuck Road and Hawthorne Road; north approximately 5120 feet; east approximately 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 beginning. This area has been zoned R-2, R-2T, and R-3 under the zoning ordinance preceding this land use ordinance. (2) Commencing at a point 475 feet west and 1320 feet south of the middle of the intersection of Yellowstone Avenue and East/West Chubbuck Road; south approximately 310 feet; west approximately 850 feet; north approximately 310 feet; east approximately 850 feet. This ar~a has been zoned R-4L under'the zonin9 ordinance preceding this land use ordinance. (3) Commencing 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 approximately 1805 feet to the point of beginning. This area has been zoned R-3L under the zoning ordinance preceding this land use ordinance. (4) Commencing at a point approximately 1320 feet east and approximately 25 feet north of the middle of the intersection of West Chubbuck Road and Hawthorne Road; east approximately 910 feet; north approximately 248 feet; west approximately 910 feet; south approximately 248 feet to the point of beginning. This area has been zoned R-3L under the zoning ordinance preceding this land use ordinance. The following platted parcels: (a) Lots i through 12, Parrish Tracts subdivision. (b) Lots 7, 8, 11, 14, 17 and 18, plus all but the east 475 feet of lots 12 and 13, Bonnie Brae Acres subdivision. (c) Lots 1 through 4, and the west 30 feet of lot 5, Highway 91 Addition subdivision. (d) Lots 5 through 8, 12 through 16 Highway Acres Subdivision, except Lot 13 and the northerly 195 feet of Lot 14.