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0098 Land Use Classifications 1971ZONING ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ~ESTABLISHING LAND USE CLASSIFICATIONS; DIVIDING THE CITY INTO ZONES; IMPOSING REGULATIONS, PROHIBITIONS AND RESTRICTIONS FOR THE PROMOTION OF HEALTH, SAFETY, MORALS, CONVENIENCE AND WELFARE: GOVERNING THE USE OF LAND FOR RESI- DENTIAL AND NONRESIDENTIAL PURPOSES~ REGULATING AND LIMITING LOT OCCUPANCY AND THE SIZE OF YARDS' AND OTHER OPEN SPACES; ADOPTING A MAP OF SAID LAND USE ZONES; PRESCRIBING PROCEDURES FOR CHANGES OF ZONE, CONDITIONAL USE PERMITS AND VARIANCES; PRESCRIBING PENALTIES FOR VIOLATIONS OF SAID ORDINANCE. BE IT ORDAINED by the Mayor and City Council of the City of Chubbuck: CHAPTER 1 USE DISTRICTS SECTION 1. USE DISTRICTS ESTABLISHED ae For the purpose of promoting pride of ownership, health, safety, morals and general welfare within its area of jurisdiction, the City of Chubbuck is hereby divided into the following use districts: R-1 -- Single-family Residential R-2 -- Combined Residential R-2T - Mobile-home Residential R-2L - Combined Residential-Livestock R-3 -- Multiple-family Residential R-3L - Multiple family Residential-Livestock R-4 -- Multiple family Residential R-4L - Multiple family Residential-Livestock C-1 -- Neighborhood Commercial C-1L - Neighborhood Commercial-Livestock C-2 -- Community Commercial C-2L - Community Commercial-Livestock C-3 -- General Commercial C-3L - General Commercial-Livestock M-1 -- Light Industrial M-1L - Light Industrial-Livestock M-2 -- Heavy Industrial M-2L - Heavy Industrial-Livestock A-T -- Agricultural-Transitional Be The boundaries of said use districts shall be determined and defined by the adoption of a map on which are shown the boundaries of use districts so adopted for each portion of Chubbuck. Land or premises shall be used, unless otherwise provided in this ordinance, only in conformity with the regulations herein set forth for the use districts in which such land or premises are located. De No building or structure shall be erected or structurally altered or used, unless otherwise provided in this ordinance, except in conformity with~'the regulations herein set forth for the use districts in which such building or structure is located. Page 2 For the p~.~ose ~ insuring orf~erly development and to provide adequate ~c<.eg~' for gire 'gighting equi?,~nt~ and other services to ~lli. ~'u~.ldings. no resi<2ence or commarcisl building shall be ere~te~ ,2,~ move onto any lot, tract or parcel of land in any use ~]i~trict adopted under the provisions of this ordinance unless said lot, tract or parcel of land has thirty (30) feet of frontage on a public right-of-way and has reasonable efficient access thereto for vehicular traffic and has been legally subdigided; and provided further that a buiding permit may be issued for construction of a residence on, private easement where, in the opinion of the Planning Commission, the following conditions have been reasonably met. 1. Minimum easement width of twenty (20) feet. 2. Maximum easement length of four hundred (400) feet. 3. Minimum turn-around radius of forty (40) feet. 4. Maximum grade of ten (10) percent. 5. The easement must serve land which otherwise would have no access to a public road. SECTION 2. OFFICIAL ZONING MAPS AND THE COMPREHENSIVE PLAN The boundaries of the use districts shall be established and clearly indicated upon the Zoning Map adopted as part of this ordinance. Ail amendments of the official Zoning Map shall follow the pro- cedure set forth in Chapter 3, Section l of this Ordinance. Areas are to be classified according to the established use districts and such zoning shall g~ve due consideration as to conformity with an adopted comprehensive plan and its stated goals and objectives where these exist. SECTION 3. REGULATIONS FOR THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE The purpose of the R-1 (Single-Family Residential) Zone is to pre2 serve residential neighborhoods, to prevent overcrowding of the land and to encourage the development of low density areas which are best suited for residential purposes. A. Uses Allowed: 1. Single-family dwelling; 2. Truck gardening and other horticultural uses not operated as commercial enterprise and where no building is involved, excluding livestock; 3. Home occupations as defined in Chapter 4, Section 5; 4. Accessory uses as regulated in Section 3 (F); 5. Temporary buildings as uses necessary for construction purposes for a period not to exceed one (1) year; 6. Schools; 7. Churches; 8. One (1) sign not to exceed four (4) square feet in area pertaining to the lease or sale of buildings or premises where the sign is located. This provision shall also apply to political signs during campaign periods. Signs for home occupations shall be limited to two (2) square feet in area, shall be unlighted and attached flush to the building. B. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing as prescribed in Chapter 3, Section 2, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The Commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment. 1. Nonprofit commu~ty clubhouse; 2. Rest and convalescent home; Page .3 3. Building for governmental or public utility functions. C. Hei.ght Requlations: Any building or structure or portion thereof hereafter erected shall not exceed two and one-half (2½) stories or twenty-five (25) feet in height. D. Setback Requirements: 1. Front yard: No building or structure shall be erected nearer than thirty (30) feet fDom the right-of-way line of the street; provided, when lots comprising fifty (50) percent or more of the frontage between two (2) intersecting streets are already developed with buildings having front yards with a variation of not more than (20) twenty feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than thirty-five (35) feet be required. 2. Side yard: No building shall be erected closer than ten (10) feet to any side property line; except corner lots shall main- tain a twenty.~(20) foot side yard adjacent to the street which intersects the street upon which the building fronts. 3. Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. E. Area Requirements: The minimum lot area for each residential structure shall be nine thousand (9,000) square feet and a lot width at the established building line of not less than seventy-five,. (75) feet. Not more than thirty-five (35) percent of the lot area may be covered by buildings or structures. F. Accessory Uses: Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to one story in height and shall not encroach upon the front or side yards. G. Off-St~eet Parkinq Requirements: For each single-family residence, one space as defined in Chapter 4, Section 5, sufficient in size for a garage or carport. For other uses in the R-1 Zone, refer to Chapter 2, Section 1 (G). SECTION 4. REGULATIONS FOR THE R-2 (COMBINED RESIDENTIAL)~ ZONE The purpose of the R-2, (Combined Residential) Zone is to provide medium density residential development, well designed and properly located in the community pattern adjacent to shopping, recreation, cultural and other community facilities. A. Uses Allowed: 1. Those uses allowed in the R-1 district as regula~d therein; 2. Two-family units. 3. Accessory ,,~es in regulated in Sectior 3 (F). Page 4 B. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing as prescribed in Chapter 3, Section 2, permit the follow- ing uses where such uses are deemed essential or desirable to the public convenience or welfare. The Commission shall have the authority to impose such conditions~and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment. Those uses requiring Conditional Use Permits and as regulated therein in the R-1 District; 2. Multiple-family dwellings limited to not more than 4 units; 3. Convalescent home; nursing home; 4. Homes for ambulatory aged; rest home; elderly housing; 5. Hospital; e One (1) sign not to exceed thirty-two (32) square feet in an area pertaining to the identification rent, sale or lease of the building or premises where the sign is located. Signs shall be nonrevolving and indirectly lighted. Signs may be permitted to exceed this size if allowed by Conditional Use Permit. C. Heiqht Requlations: Any building or structure or portion thereof hereafter erected shall not exceed two and one-half (2½) stories or twenty-five (25) feet in height. D. Setback Requirements: 1. Front yard: No building or structure shall be erected nearer than twenty (20) feet from the right-of-way line of the street; provided when lots comprising fifty (50) percent or more of the frontage between two (2) intersecting streets are already developed with buildings having front yards with a variation of not more than fifteen (15) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than twenty-five (25) feet be required. 2. Side yard: No building shall be erected closer than seven (7) feet to any side property line; except corner lots shall maintain a twenty (20) foot side yard adjacent to the street which intersects the street upon which the building fronts. 3. Rear yard: There shall be a rear yard having a depth of not less than twenty (20) feet. Area Requirements: The minimum lot area for single-family and two-family dwellings -- Seven thousand (7,000) square feet; except corner lots shall contain at least eight thousand (8,000) square feet. There shall be a lot frontage on a public street of not less than eighty (80) feet, for corner lots. The minimum lot area for each dwelling unit above that re- quired for one-family dwellings shall be one thousand five hundred (1,500) square feet of land area for each additional unit. Page 5 Not more than thirty-five (35) percent of the lot area may be covered by buildings or structures. 4. Minimum frontage for each lot shall be seventy (70) feet. F. Accessory Uses: Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to one story in height and shall not encroach upon the front or side yards. G. Off-Street Parkinq Requirements: For up to two units on a single lot, one space for each unit as defined in Chapter 4, Section 5, sufficient in size for a garage or carport. For other uses and additional residential units in the R-2 Zone, refer to Chapter 2, Section 1 (G). SECTION 5. REGULATIONS FOR THE R-2T (MOBILE HOME) ZONE The purpose of the R-2T (Mobile Hom~ Zone is to provide medium density residential development, areas for mobile homes properly located in the community pattern compatible for mobile home uses and in harmony with community facilities. A. Uses Allowed: 1. Mobile Homes on individual lots. 2. Mobile Home subdivisions; 3. Accessory uses as regulated in Section 3 (F); Truck gardening and other horticultural uses not operated as a commercial enterprise and where no building is in- volved, excluding livestock; 5. Home occupations as defined in Chapter 4, Section 6. Schools; 7. Churches; One (1) sign not to exceed four (4) square feet in area pertaining to the~lease or sale of buildings or premises where the sign is located. This provision shall also apply to political signs during campaign periods. Signs for home occupations shall be limited to two (2) square feet in area, shall be unlighted and attached flush to the building. B. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing as prescribed in Chapter 3, Section 2, permit the following uses where such uses are deemed essential or des- irable b the public convenience or welfare. The Commission shall have the authority to impose such conditions and safe- guards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance, or other detriment. Those other uses allowed ~n the R-1 and R-2 Districts and as regulated therein; Those uses requiring Conditional Use permits in the R-1 and R-2 Districts and as regulated therein. Page 6 C. Heiqht Requlations: Any building or structure or portion thereof hereafter erected shall not exceed two and one-half (2½) stories or twenty-five (25) feet in height. D. Setback Requirements: 1. Front yard: No building or structure shall be erected nearer than twenty (20) feet from the right-of-way line of the street; provided, when lots comprising fifty (50) percent or more of the frontage between two (2) intersecting streets are already developed with buildings having front yards with a variation of not more than fifteen (15) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontaqe. In no case shall a front yard of more than t~i'rty ~(30) feet be required. 2. Side yard: No building shall be erected nor any mobile home parked closer than seven (7) feet to any side property line; except corner lots shall maintain a twenty (20) foot side yard adjacent to the street which intersects the street upon which the building fronts. 3. Rear yard: There shall be a rear yard having a depth of not less than twenty (20) feet. E. Area Requirements: The minimum lot area for single-family and two-family dwellings -- six thousand (6,000) square feet; except corner lots shall contain at least seven thousand (7,000) square feet. e The minimum lot area for each dwelling unit above that required for two-family dwellings shall be one thousand (1,000) square feet of land area for each additional unit. Not more than thirty-five (35) percent of the lot area may be covered by buildings, structures, or mobile homes. F. Accessory Uses: Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to one story in height and shall not encroach upon the front or side yards. G. Off-Street Parkinq Requirements: For each mobile-home, one space as defined in Chapter 4, Section 5, sufficient in size for a garage or carport. For other uses in the R-2T Zone, refer to Chapter 2, Section 1 (G). SECTION 6. REGULATIONS FOR THE R-2L ZONE The purpose of the R-2L (Combined residential-livestock) zone, is to provide for an area contained in all of the regulations for the Page R-2, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any uses allowable under R-2 as regulated therein. B. Raising of livestock. SECTION 7. REGULATIONS FOR THE R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE The purpose of the R-3 (Multiple-Family Residential) Zone is to provide for medium to high density residential development. This type of zoning pattern is intended to create transition areas and buffer zones between commercial areas and low density residential development. It is also intended to permit higher density activities adjacent to more intensive community use areas. A. Uses Allowed: 1. Those uses allowed in the R-1 and R-2 Districts; 2. Multiple-family dwellings, not more than 4 units; 3. Accessory uses as regulated in Section 3 (F); 4. Convalescent home; nursing home; 5. Home for ambulatory aged; rest home; elderly housing; 6. Hospital; Club and lodge of a service and fraternal character when not operated for profit; 8. Nursery school; One (1) sign not to exceed six (6) square feet in area pertaining to the lease or sale of buildings or premises where the sign is located. This provision shall also apply to political signs during campaign periods. Signs for home occupations shall be limited to two (2) square feet in area, shall be unlighted and attached flush to the building. 10. Up to two (2) signs of not more than 32 square feet each, identifying the structure or activity on the immediate land parcel. Such signs are to be an integral part of the design and use of the land parcel, shall be indirectly lighted, nonrevolving and nonanimated. 11. Boarding and rooming house. B. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing as prescribed in Chapter 3, Section 2, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The,~commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment. Those other uses requiring Conditional Use Permits and as regulated ink,he R-1 and R-2 District; 2. Motels; Buildings for governmental activity and public utility structures; 4. Office of a medical, professional or administrative character. Page 8 Eight family units with 6,000 square feet each, first additional unit 1,500 square feet, each additional unit 1,000 square feet each. C. Heiqht Requlations: Any building or structure or portion thereof hereafter erected shall not exceed three (3) stories; or thirty (30) feet in height, unless approved by Conditional Use Permit. D. Setback Requirements: 1. Front yard: No building or structure shall be erected nearer than twenty (20) feet from the right-of-way line of the street; provided when lots comprising fifty (50) percent or more of the frontage between two (2) intersecting streets are developed with buildings having front yards with a variation of not more than fifteen (15) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than twenty-five (25) feet be required. 2. Side yard: No building shall be erected closer than five (5) feet to any side property line, except corner lots shall maintain a fifteen (15) foot side yard adjacent to the street which intersects the street upon which the building fronts. 3. Rear yard: There shall be a rear yard haging a depth of not less than twenty (20) feet. E. Area Requirements: The minimum lot area for single-family and two-family dwellings -- six thousand (6,000) square feet; except corner lots shall contain at least seven~ousand ~7,000) square feet. The minimum lot area for each dwelling unit above that required for two-family dwellings shall be one thousand five hundred (1,500) square feet of land area for each additional unit. Not more than forty-five (45) percent of the lot area may be covered by building or structures. F. Accessory Uses: Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to two (2) stories in height and shall not encroach upon the front~ side yards. Off-Street Parking Requirements: For up to four (4) residential units on a single lot, one space for each unit as defined in Chapter 4, Section 5, sufficient in size for a garage or carport. For other uses and additional residential units in the R-3 Zone, refer to Chapter 2, Section 1 (G). Page 9 SECTION 8. REGULATIONS FOR THE R-3L ZONE The purpose of the R-3L (Multiple-family residential-livestock) zone is to provide for an area contained in all of the regulations for the R-3, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any use allowable under R-3 as regulated therein. B. Raising of livestock. SECTION 9. REGULATIONS FOR THE R-4 (MULTIPLE-FAMILY RESIDENTIAL) ZONE The purpose of the R-4 (Multiple-Family Residential) Zone is to provide for medium to high density residential development. This type of zoning pattern is intended to create transition areas and buffer zones between commercial areas and low density residential development. It is also intended to permit h~her density activities adjacent to more intensive community use areas. A. Uses Allowed: 1. Those uses allowed in the R-1 and R-2 and R-3 Districts; 2. Multiple family dwellings; 3. Acdessory uses as regulated in Section 3 (~); 4. Convalescent home; nursing home; 5. Home for ambulatory aged; rest home; elderly housing; 6. Hospital; e Club and lodge of a service and fraternal character when not operated for profit; 8. Nursery school One (1) sign not to exceed six (6) square feet in area pertaining to the lease or sale of buildings or premises where the sign is located. This provision shall also apply to political signs during campaign periods. Signs for home occupa~ons shall be limited to two (2) square feet in area, shall be unlighted and attached flush to the building. 10. Up to two (2) signs of not more than 32 square feet each, identifying the structure or activity on the immediate land parcel. Such signs are to be an integral part of the design and use of the land parcel, and shall be indirectly lighted, nonrevolving and nonanimated. 11. Boarding and rooming house. B. Conditional Uses Permitted: The Planning Commission' may, after proper notice and public hearing as prescribed in Chapter 3, Section 2, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The comission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment. Page 10 Those other uses requiring Conditional Use Permits and as regulated in the R-l, R-2, and R-3 Districts; C. Heiqht Requlations: Any building~-~or structure or portion thereof hereafter erected shall not exceed five (5) stories; or forty-five (45) feet in height, unless approved by Conditional Use Permit. D. Setback Requirements: 1. Front yard: No building or structure shall be erected nearer than twenty ~20) feet from the right-of-way line of the street; provided when lots comprising fifty (50) percent or more of the frontage between two (2) intersecting streets are developed with buildings having front yards with a variation of not more than (15) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than thirty (30) ~et be required. 2,. Side yard: No building shall be erected closer than five (5) feet to any side property line, except corner lots shall maintain fifteen (15) foot side yard adjacent to the street which intersects the street upon which the building fronts. 3. Rear yard: There shall be a rear yard having a depth of not less than twenty (20) feet. E. Area Requirements: Minimum lot size for single family unit shall be forty-two hundred (4200) square feet. Two family units shall have a minimum lot size of 5400 square feet. The minimum lot size for a three family dwelling shall be fifty-nine hundred (5900) square ~eet. For each additional unit 500 square feet per unit will be added to the lot area. 2. The minimum frontage shall be sixty (60) feet. F. Accessory Uses: Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to two (2) stories in height and shall not encroach upon the front or side yards. G. Off-Street Par kinq Requirements: For up to four (4) residential units on a single lot, one space for each unit as defined in Chapter 4, Section 5, sufficient in size for a garage or carport. For other uses and additional residential units in the R-4 Zone, refer to Chapter 2, Section 1 (G). SECTION 10. REGULATIONS FOR THE R-4L (MULTIPLE FAMILY RESIDENTIAL- LIVESTOCK) ZONE The purpose of the R-4L (Multiple Family Residential-Livestock) Zone is to provide for an area contained in all of the regu~tions for the Page il R-3, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any uses allowable under R-3 as regulated therein. B.Raising of livestock. SECTION 11. REGULATIONS FOR THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONE The purpose of the C-1 (Neighborhood Commercial) Zone is to provide distinct zones regulated to provide local commercial service needs and to restrict incompatible uses which may be better located in community or highway-oriented shopping areas due to size of the shopping center location within the ~n~ur~ty, residential neighbor- hood areas being served and o%her factors. A. Uses Allowed: The Commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance, or other detriment. 1. Retail stores and retail or personal service shops, banks, offices, hotels, motels and resturants; 2. Clinics; 3. Commercial and private off-street parking lot for passenger automobiles; 4. Nursery school, school for students of art, dancing, dramatics, music, business or secretarial work; 5. Government or public utility facilities of a non-industrial character; 6. Theatre, indoor; 7. Mortuaries; 8. Automobile service station; 9. Radio, television and FM broadcasting stations including aerials when made an integral part of a principal building. 10. Boarding and rooming houses; 11. Church; 12. Club or lodge; 13. Hospital; 14. School; 15. Multiple-family dwelling; 16. Bowling alley; 17. Signs including outdoor advertising, excluding animated signs which are deemed to have a deteriorating influence on surrounding properties. Page 12 B. Heiqht Requlations: Any building or structure or portion thereof hereafter erected shall not exceed three (3) stories, or thirty (30) feet in height unless approved by Conditional Use Permit. C. Setback Requirements: No front or side yard shall be required except that when a building or group of buildings abuts upon a residential dis- trict, a yard shall be provided on the side of a lot abutting the residential district, having a width of not less than ten (10) feet. There shall be a rear yard with a depth of not less than fifteen (15) feet when abutting upon a residential zone. The rear yard may be used for off-street parking and loading. D. Area Requirements: There shall be no minimum lot sizes except that residential uses shall have the same area requirements as set forth in the R-3 Zone. E. Accessory Uses: Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to two (2) stories in height and shall not encroach upon required setback areas. Off-Street Parkinq Requirements: For up to four (4) residential units on a single lot, one space for each unit as defined in Chapter 4, Section 5, ~ufficient in size for a garage or carport; m For other uses and additional residential units in the"C" Commercial Zone, refer to Chapter 2, Section 1 (G). SECTION 12. REGULATIONS FOR THE C-iL ZONE The purpose of the C-IL (Neighborhood Commercial-Livestock) Zone is to provide for an area contained in all of the regula~ons for the C-l, but allowing livestock thereon subject to regulations. A. Uses allowed: Any use allowable under C-1 as regulated therein. B. Raising of livestock. SECTION 13. REGULATIONS FOR THE C-2 (C~MMUNITY COMMERCIAL) ZONE The purpose of the C-2 (Community Commercial) Zone is t o establish distinct zones regulated to fulfill general shopping center retail needs and travel or highway related service requirements within the community. A. Uses Allowed: 1. Those uses allowed in C-1 Districts as reg61ated therein. 2. Automobile sales lot, surfaced; 3. Automobile sales and service; Page 13 Be 4. Trailer sales and rental; 5. Club or lodge; e Bowling alley, dance hall or similar commercial establish- ments for public gatherings or recreational ~e. 7. Travel Tm iler Park; 8. Tavern or Lounges; 9. Accessory uses to uses allowed. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing, as prescribed in Chapter 3, Section 2, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The Commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the sur- rounding property or neighborhood from damage, hazard, nuisance, or other detriment. 1. Those other uses requiring Conditional Use Permits as regu- lated in the C-1 District; 2. Automobile and truck repair shop; C. Heig~ht Requlations: Any building or structure or portion thereof hereafter erected shall not exceed five (5) stories, or forty-five (45) feet in height unless approved by Conditional Use Permit. D. Setback Requirements: No front or side yard shall be required except that when a building or group of buildings abuts upon a residential district, a yard shall be provided on the side of a lot abutting the residential district, ~aving a width of not less than ten (10) feet. There shall be a rear yard with a depth of not less than fifteen (15) feet when abutting upon a residential zone. The rear yard may be used for off-street parking and loading. Eo Area Requirements: There shall be no minimum lot sizes except that residential uses shall have the same area requirements as set forth in the R-3 Zone. F. Accessory Uses: Accessory Uses are permitted if cor~t, ructed either at the same time or subsequent to the main building. Such uses shall be limited to two (2) stories in height and shall not encroach upon required setback areas. G. Off-Street Parkinq Requirements: For up to four (4) residential units on a single lot, one space for each unit as definedin Chapter 4, Section 5, sufficient in size for a garage or carport; Page 14 2. For other uses and additional residential units in the "C" Commercial Zone, refer to Chapter 2, Section 1 (G). SECTION 14. REGULATIONS FOR THE C-2L ZONE (COMMUNITY COMMERCIAL- LIVESTOCK) The purpose of the C-2L (Community Commercial-Livestock) Zone is to provide for an area contained in all of the regulations for the C-2, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any use allowable under C-2 as regulated therein. B. Raising of livestock. SECTION 15. REGULATIONS FOR THE C-3 (GENERAL COMMERCIAL) ZONE The purpose of the C-3 (General Commercial) Zone is to provide areas where activies of a service nature which are more intensive in chara- cter than in other commercial zones and which may be semi-industrial in character may be carried out. A. Uses Allowed: 1. Those uses allowed in C-2 Districts and as regulated therein; 2. Auction establishment; 3. Automobile and truck repair shop; 4. Bottling and distribution plant; 5. Contractors shop within a building and including outside incidental storage adequately screened by view obscuring fences from surrounding properties; 6. Sale of heavy building materials and machinery; 7. Sale of hay, gr~in, seed and related supplies; 8. Sale of salvage goods within an enclosed building; 9. Sheet metal, roofing or sign painting shop; 10. Storage warehouse; 11. Trade or industrial school; 12. Transit or trucking terminal. B. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing, as prescribed in Chapter 3, Section 2, permit the follow- ing uses where such uses are deemed essential or desirable to the public convenience or welfare. The Commission shall have the auth6rity to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance, or other detriment. 1. Those other uses requiring Conditional Use Permits as regulated in the C-1 and C-2 Districts. Page 15 C. Height Requlations: Any building or structure or portion thereof hereafter erected shall not exceed five (5) stories, or forty-five (45) feet in height unless approved by Conditional Use Permit. D. Setback Requirements: No front or side yard shall be required except that when a building or group of buildings abuts upon a residential dis- trict, a yard shall be provided on the side of a lot abutting the residential district, having a width of not less than ten (10) feet. There shall be a rear yard with a depth of not less than fifteen (15) feet when a~utting upon a residential zone. The rear yard may be used for off-street parking and loading. E. Area Requirements: There shall be no minimum lot sizes except that residential uses shall have the same area requirements as set forth in the R-3 Zone. F. Accessory Uses: Accessory Uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to two (2) stories in height and shall not encroach upon required setback areas. G. Off-Street Parkinq Requirements: Forup to four (4) residential units on a single lot, one space for each unit as defined in Chapter 4, Section 5, sufficient in size for a garage or carport; For other uses and additional residential units in the "C" Commercial Zone, refer to Chapter 2, Section 1 (G). SECTION 16. REGULATIONS FOR THE C-3L IGENERAL COMMERCIAL-LIVESTOCK) ZO~E The purpose of the C-3L (General Commercial-Livestock) Zone is to provide for an area coDtained in all of the regulations for the C-3, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any use allowable under C-2 as regulated therein. B. Raising of livestock. SECTION 17. REGULATIONS FOR THE M-1 (LIGHT INDUSTRIAL ZONE. The M-1 District is established to provide for and encourage the grouping together of light industrial uses capable of being operated under such standards as to location and appearance of buildings and the treatment of the land about them, that they will be unobtrusive and not detrimental to surroundi~g commercial or residential uses. A. Uses Allowed: Those uses allowed and conditional uses permitted in the C-l, C-2, and C-3 Districts except multiple-family dwellings, schools, churches, and hospitals; Page 16 Manufacturing, assembling, fabricating, processing, packing, repairing, or storage uses which have not been declared a nuisance by statute, resolution, or any court of competent jurisdiction and provided these uses shall not cause: Unreasonable dust, smoke, gas, fumes, noise, vibration, or oder beyond the boundaries of the site on which such use is conducted; Hazard of fire, explosion, or other physical damage to any adjacent building or plant growth. 3. Wholesaling, warehousing.,storage, and distribution; e Contracting equipment, maintenance or operating equipment of public agencies or public utilities or materials and equipment of a similar nature including lumber, coal, sand and gravel yards; 5. Food processing; 6. Laundry and dry cleaning of an iddustrial character. B. Conditional Uses Permitted: The Planning Commission may, after proper notice and public hearing as prescribed in. Chapter 3, Section 2, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The Commission shall h~ve the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surround- ing property or neighborhood from damage, hazard, nuisance, or other detriment. 1. Boarding kennel; 2. Broadcasting tower for radio or television; Storage, for wholesale or for distribution in bulk, of any flammable liquid above or below ground; Grain elevator and bulk storage such as for potatoes, hay, and other similar uses; C. Height Requlatioqs: Any building or structure or portions thereof hereafter erected shall not exceed five (5) stories or forty-five (45) feet, which- ever is greater unless permitted to exceed this height by a Conditional Use Permit. D. Setback Requirements: 1. Front Yard: The front yard setback shall be a minimum of twenty (20) feet when a lot abuts, touches or adjoins, or is across the street from a residential district, otherwise, no front yard setback is required. 2. Side yard: The side yard shall be a minimum of twenty (20) feet when a lot abuts, touches or adjoins a residential district, other- wise, no rear yard setback is required. Page 17 E. Area Requirements: There shall be no minimum lot size. F. Accessory Uses: Accessory uses are permitted. G. Off-street Parkinq Requirements: Refer to Chapter 2, Section 1 (G). SECTION 18. REGUI2%TIONS FOR THE M-1L (LIGHT INDUSTRIAL-LIVESTOCK) ZONE The purpose of the M-1L (Light Industrial-Livestock) Zone is to provide for an area contained in all of the regulations for the M-l, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any use allowable under M-1 as regulated therein. B. Raising of livestock. SECTION 19. REGULATIONS FOR THE M-2 (HEAVY INDUSTRIAL) ZONE The M-2 District is established to encourage and provide for suitable areas in which heavy industrial uses may locate, substantially free from residential or retail commercial activities. Ao Uses Allowed: 1. Those uses allowed and conditional uses permitted in the M-1 (Light Industrial) Zone; 2. Distillation of bones or incineration of dead animals or offal; 3. Bulk storage of corrosive acid or alkali, creosote, fertilizer, fireworks, and highly combustible materials; 4. Disposal of garbage or waste material by sanitary land fill or fill and cover methods, or by composting or inciner- ation; 5. Hog raising, stockyard or cattle feeding yard; 6. Junk yard and auto wrecking yard; 7. Manufacture of glue, tallow or lard; 8. Rock crushing, commercial excavation of building or construction materials; 9. Tanr~ry. B. Heiqht Requlations: Any building or structure or portion thereof hereafter erected shall not exceed five (5) stories or forty-five (45) feet, whichever is greater, unless permitted to exceed this height by a conditional Use Permit. C. Setback Requirements: 1. Front yard: The front yard setback shall be a minimum of twenty (20) feet when the lot abuts, touches or adjoins, or is across the street from a residential district, otherwise no front yard setback is required. Page 18 2. Side yard: The side yard shall be a minimum of twenty (20) feet when a lot abuts, touches or adjoins a residential district, other- wise, no rear yard setback is required. D. Area Requirements: There shall be no minimum lot Size. E. Accessory Uses: Accessory uses are permitted. F. Off-Street Parkinq Re.quirements: Refer to Chapter 2, Section 1 (G). SECTION 20. REGULATIONS FOR THE M-2L (HEAVY INDUSTRIAL-LIVESTOCK) ZONE The purpose of ~he M-2L (Heavy Industrial-Livestock) Zone is to pro- vide for an area contained in all of the regulations for the M-2, but allowing livestock thereon subject to regulations. A. Uses Allowed: Any use allowable under M-2 as regulated therein. B. Raising of livestock. SECTION 21. REGULATIONS FOR THE A-T (AGRICULTURAL-TRANSITIONAL) ZONE The purpose of the A-t (Agricultural-Transitional) Zone is to set aside land to properly guide gro~h of the fringe areas of the com- munity demmed to be important for preservation at rural standards. A. Uses Allowed: 1. Agriculture; 2. Golf course; 3. Single-family dwelling as regulated in the R-1 or R-2 Zone with the exception that the minimum lot size for such use shall be one (1) acre; 4. Accessory uses as regulated in Section 3 (F); 5. Home occupations, a~ defined in Chapter 4, Section 5. B. Conditional Uses Permitted: 1. Airport; 2. Cemetary; 3. Commercial kennel, animal hospital; 4. Broadcasting tower for radio or television; 5. Mining, dredging, and excavation of sand, dirt, gravel or other aggregate; 6. Public utility installation; 7. Private amusement park, ball park, race track, or similar uses; 8. Public building, school, hospital or church. Page 19 C. Height Requlation~: Any building or structure or portion thereof hereafter erected shall not exceed two and one-half (2½) stories, or thirty-five (35) feet in height unless a greater height is approved by Con- ditional Use Permit. D. Setback Requirements: 1. Front Yard: No building or structure shall be erected nearer than thirty (30) feet from the right-of-way line of the street. 2. Side yard: No building shall be erected closer than ten (10) feet to any side property line; except corner lots to the street which intersects the street upon which the building fronts. 3. Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. Eo Area Requirements: The minimum lot area shall be one (1) acre. F. Accessory Uses: Accessory uses are permitted. G. Off-Street Parkinq Requirements: 1. For each single-family residence, one space as defined in Chapter 4, Section 5, sufficient in size for a garage or carport. 2. For other uses in the "A~T'' Zone, refer to Chapter 2, Section 1 (G). CHAPTER 2 GENERAL PROVIS IONS SECTION 1. SUPPLEMENTARY USE DISTRICT REGULATIONS A. Intent: The following provisions shall, be subject to the general regulations of this ordinance and to the special provisions and exceptions in this and the following sections so as to secure the intent of this ordinance, tn all cases of administration and enforcement of this ordinance for which no other ~ecific provisions are made in this section and other provisions herein, the Planning Commission shall provide the same by order, resolution or the adoption of a rule, regulation or by-law, which provision shall be in accord with'~and consistant with the objectives and standards of this ordinance. Uses not specified within use districts are prohibited unless determined by the Planning Commission or its authorized represen- tative to be similar in nature to those specified. Page 20 B. Interp~.etation of District Boundaries: Whenever any uncertainty exists as for the boundary of any district shown on any zoning map, the following rules shall apply: Where any such boundary line is indicated as following a street, alley, or public way, it shall be construed as following the center line thereof. Where a boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boun- dary line. Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the zoning map. Co Lots of Record: Any single lot or parcel of land, which was of record and a legal lot at the time of the adoptinn of this ordinance, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized if all other requirements of this ordinance are met. D. Yard and Setback Requirement~Exceptions: Certain structures within and projections into required yard areas are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculation of coverage unless otherwise specified: Cornices, canopies eaves or other projections which do not increase the volume of space enclosed by the building; pro- vided, however, that none of these shall project into any required yard more than two (2) feet. Exterior stairs of open design provided that no such stairs shall project into a required front, or side yard more than three (3) feet and into any rear yard more than six (6) feet. e Fences, walls and hedges are permitted in any required yard or along the edge of any yard to a height of six (6) feet, provided that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three(3) feet in height. On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in any such manner as to materially impede vision between a height of three (3) feet and ten (10) feet above the centerline grades of intersecting streets bounded by the property lines of such corner lots on a line adjoining points along said property lines for thirty (30) feet. E. NOnconforminq Uses: Any use lawfully occupying a building or land at the effect- ive date of this ordinance, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted. ~pag e 21 A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use. e No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expan- sion or the space occupied by such nonconforming use. No nonconforming use may be ~ larged 6r extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date of this ordinance, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel. Any nonconforming building destroyed by fire or other calamity to an~extent of seventy-five (75) percent or more of the appraised value may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided, however, that nothing in this ordinance shall be construed to prevent the restorat~n and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than seventk-five (75) percent, provided that such restoration is started within one (1) calendar year and is diligently prosecuted to completion. Whenever a nonconforming use of land or building has been discontinued for a period of one (1) year, or whenever there is evidence of a clear intent to abandon a nonconforming use, such use shall not thereafter be reestablished, and the uses of the premises thereafter shall be in conformity with the regulations of the use district. Off-Street Parking and Loading Requirements: When the intensity of use of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified as requiring parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. e Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. Access to parking spaces as required herein for commercial and industrial uses shall be not less than twelve (12) feet wide and not more than forty (40) feet wide at the curb line. No lawfully existing building shall be deemed to be a noncon- forming building solely because of lack of any such required spaces; provided, that space being used for ~0ff-street parking or loading in connection w~ h any such building at the time of the effective date of this ordinance shall not be further reduced in area or capacity. When the calculation of the required number of spaces called for herein results in a fractional number, fractions equal to or greater than one-half (½) shall be adjusted to the next higher whole number of spaces. Page 22 e 10. 11. Parkin§ space requirements for a use not specifically men- tioned shall be the same as for a use specified which has similar traffic generating characteristics. Except as required for dwellings and motels, off-street parking facilities for several buit]ings, structures or uses, or for mixed uses, may be provided collectively provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each of the buildings or uses. Every open off-street parking area having more than four (4) parking spaces shall be hard surfaced, including access driveways. Lighting used to illuminate off-street parking areas shall be directed away from residential properties, and such parking areas shall be effectively screened on any side adjoining property in a residential zone by a wall, fence, or hedge to a height of six (6) feet except for the front yard set- back area of the adjoining residential property, in which case the maximum height shall be three (3) feet. Required parking spaces for dwellings shall be upon the same premises as the dwelling, and no parking space shall be lo- cated in any required front or side yard. Parking spaces as hereinafter set forth shall be provided for all Uses Allowed and Conditional Uses Permitted in any zone, provided that a greater number of spaces may be required in any case where a Conditional Use Permit is involved: For each dwelling unit--- one space, as defined herein, sufficient for a garage or carport. For each dwelling unit in a multiple-family dwelling of four ~4) units or less -- one space as defined herein, sufficient for a garage or carport, provided however that for each dwelling unit in a multiple-family dwelling of five (5) units or more, one space as defined herein, sufficient for a garage or carport shall be provided for each of the first four (4) units, and one and one-half (1½) spaces shall be provided for each additional unit thereafter. For each guest bedroom in a hotel, motel, club, lodging house, fraternity or sorority house -- one parking space, plus one parking space for each three (3) beds in a dormitory in the above. For each four (4) beds in a convalescent, nursing or rest home, sanitarium or home for the care of children or the aged -- one parking space; plus one parking space for each doctor assigned full time to the staff, plus two (2) parking spaces for each three (3) other employees. For a hospital -- one parking space for each one thousand (1,000) square feet of net floor area plus one parking space for each four (4) regular employees. fe For a church, auditorium, theater, or sports arena -- one pakking space for each five (5) seats in the principal assembly room or area. For floor space used by the public or by members in a social hall, dance hall, night club, pool hall, restaurant, ~Page 23 or other similar enterprise or establishment -- a number of parking spaces equal to twenty (20) percent of the capacity in persons. For the purposes of this section, capacity in persons shall mean the gross floor area divided by fifteen (15) square feet. he For a bowling alley -- two (2) parking spaces for each alley. For a drive-in theater -- a reservoir space at the en- trance containing one parking space for each ten (10) vehicles accommodated within. Business offices, not otherwise specified -- one parking space for each two hundred fifty (250) square feet of net floor area. 1. Mortuary -- twelve (12) parking spaces. me Retail stores, banks and shops other than as specified below -- one parking space for each two hundred (200) square feet of net floor area in excess of two'thousand (2,000) square feet; and for drive-in banks - three (3) additional parking spaces for each teller window. Retail sales establishments handling only durable goods or bulky merchandise such as machinery, furniture, or vehicles, personal service and repair shops, wholesale stores -- one parking space for each six hundred (600~ square feet of net floor area in excess of two thousand (2,000) square feet. Oe For manufacturing establishments -- one (1) parking space for each employee, based on the greatest number of employees at any one time. De For every building hereafter erected containing more than fifteen thousand (15,000) square feet in area and which is designed to be occupied by any use requiring regula~ receipt or dispatch of merchandise by truck, there shall be provided and maintained with adequate design to provide safe and efficient means of access and maneuvering, one loading space not less than thirty (30) feet in length and ten (10) feet in width, exclusive of access platforms and maneuvering areas. H. Mobile Homes and Travel Trailers Locations: Provisions pertaining to mobile homes and travel trailers shall not apply to the storage of travel trailers or campers on the site of a permanent residence, when such travel trailer or camper is not used for human occupancy. CHAPTER 3 ADMINISTRATIVE PROCEDURES SECTION 1. AMENDMENT AND RECLASSIFICATION A. Initiation of Proceedinqs and Fee: This ordinance may be amended whenever the Council deems that amendment is required for public convenience or necessity, or for general welfare. Any amendment shall be enacted pursuant to this section, and for purposes of this section, includes Page 24 any measure to change district boundaries, establish or ~isestablish districts, to change district regulations, to add, repeal or amend any other provisions of this section or the whole of this ordinance. An amendment to the test of this ordinance or to the official zoning map may be initiated by a resolution of intention by the Planning Commission or the City Council or by an appli- cation of one or more of the owners of property affected by the proposed amendment. Applications from a property ~wner shall be filed with the Planning Commission, accompanied by such data and information necessary to assure the fullest presentation of facts. No application from an owner of property for the same general purpose concerning the same property which has been denied by the City shall be received or processed by the Secretary of the Commission within twelve (12) months of such denial except by unanimous action of the Planning Commission. A filing fee of ten (10) dollars shall be paid at the time of filing by an owner representative's application, but no fee will be required in the case or proceedings instituted by either the Councillor the Planning Commission. B. Date and Notice of Public Hearinq: The Planning Commission shall hold at least one (1) public hearing on each application for an amendment or reclassifi- cation, after public notice by one publication has been given in a newspaper of general circulation indicating the time, place and purpose for the hearing at least fifteen (15) days prior to such hearing. 2. Notice of such hearing shall be posted in not less than two (2) conspicuous places on the property. C. Action ~y the Planning Commission; The Planning Commission shall cause to be made by any of its own members or by any member of its staff, such investigation of facts bearing upon such application or matter set for hearing as in the opinion of the Planning Commission will serve to provide the necessary information to enable the Planning Commission to act. At every hearing before the Planning Commission, all persons shall be heard. Not later than ten (10) days after the con- clusion of the hearing, the Planning Commission shall file with the City Clerk a written report stating the action taken by the Planning Commission and its recommendation to the City Council. At its next regular meeting after the Planning Commission has filed its recommendations with the City Clerk, or at such time to which the matter may be continued, the Council shall take action upon such application for reclassification and no other notice need be given. In the event the Council~'shall have approved such reclassifications, it shall thereafter be made a part of this ordinance by appropriate amendment. In cases where the action taken by the City Council is pro- tested by a petition signed by the owners of twenty percent (20%) or more, either of the area of the lots included in Page 25 such proposed change or of those immediately adjacent in the rear thereof extending three hundred (300) feet from the street frontage of such opposite lots, such reclassification shall not become effective except by the favorable vote~of three- fourths (3/4) of all members of the Council. SECTION 2. CONDITIONAL USE PERMIT PROCEDURE A. The followinq provisions shall applv to Conditional Use Permits: Every use which requires the granting of a Conditional Use Permit is declared to possess characteristics such as to require review and appraisal by the Planning Commission to determine whether or not the use would cause any damage, hazard, muisance or other detriment to persons or property in the vicinity. The Planning Commission may require higher standards of site development than listed specifically in this ordinance in order to correlate the proposed use to other property and uses. The Planning Commission may revoke or modify its approval of a Conditional Use Permit for breach of condition or other good cause upon proper notice and public hearing. Applications for Conditional Use Permits shall be filed with the Planning Commission on forms prescribed by the Planning Commission accompanied by such data and information necessary to assure the fullest presentation of facts. 3. A filing fee of ten dollars ($10) shall be submitted at the time of filing a Conditional Use Permit application. The Planning Commission shall hold at least one (1) public hearing on each Conditional Use Permit application after public notice by one publication has been given in a news- paper of general circulation indicating the time, place, and purpose for the hearing at least fifteen (15) days prior to such hearing. Se Any owner of property within a two hundred (200) foot radius of the~exterior boundaries of the subject property may appeal the decision of the Planning Commission provided written notice of such an appeal is filed withtthe City Clerk within (5) days after the decision of the Planning Commission. In reviewing an appeal pertaining to a Conditional Use Permit, the City Council shall hold a public hearing and may approve, disapprove, or modify the action of the Planning Commission. SECTION 3. VARIANCE PROCEDURE A. The followinq p~ovisions shal~apply in considerinq, variances: The Planning Commission shall consider variances to the terms of this ordinance which will not be contrary to the public interest where, owing to special conditions, a literal en- forcement of the provisions of the ordinance will result in unnecessary hardship and under such conditions that the spirit of the ordinance shall be observed and substantial justice done. In acting upon such variance the Planning Commission shall make a full investigation and shall hold a public hear- ing, as herein specified and shall only g~ant a variance upon finding that the following are true: That the granting of the variance will not be in conflict with the spirit and intent of the CQmprehensive General Plan for the City, and will not effect a change in zoning. Page 26 That there are exceptional or extraordinary circumstances or conditions, applicable to the property involved, or in the intended use thereof, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in: (1) Undue loss in value of property; (2) Inability to preserve the property rights of the owner; (3) The prevention of reasonable enjoyment of any property right of the owner; The granting of such relief will not be materially detri- mental to the public health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvement. An application for a variance may be initiated by one (1) or more property owners. Such application shall be filed with the Planning Commission on forms prescribed by the Planning Commission accompanied by such data and information necessary to assure the fullest presentation of facts. A filing fee of ten dollars ($10) shall be paid at the time of the filing by an owner or owner representative's application. The Planning Commission shall hold at least one (1) public hearing on each variance request after public notice by one (1) publication has been given in a newspaper of general circulation indicating the time, place, and purpose for the hearing at least fifteen (15) days prior to such hearing. Any owner of property within a two hundred (200) foot radius of the exterior boundaries of the subject property may appeal the decision of the Planning Commission provided written notice of such appeal is filed with the City Clerk within five (5) days after the decision of the Planning Commission. In reviewing an appeal pertaining to a variance request, the City Council shall hold a public hearing and may approve, dis- approve or modify the action of the Planning Commission. The variance procedure set forth in this section does not apply to land uses specified for individual zones. CHAPTER 4 ENFORCEMENT,, ~EVERABILI~TY, CONFLICT WITH OTHER ~LAW$,_ VIOLATION AND PENALTY, DEFINITIONS AND EFFECTIVE DATE SECTION 1. ENFORCEMENT An enforcing officer shall be appointed by the Mayor and City Council and such officer shall be responsible for the enforcement of the pro- visions of this Ordinance. SECTION 2. SEVERAB ILITY If any provisions of this Ordinance or the application thereof to any persons or circumstances are held invalid, the remainder of the Ordinance or the application or provisions to other persons or cir- cumstances shall not be affected thereby. Page 27 SECTION 3. CONFLICT WITH OTHER LAWS It is not intended by this Ordinance to impair or interfere with other regulations of State or local law, or with private restrictions on the use of land, improvements, and structures. Where this Ordinance imposes greater restriction than that imposed by other law or private restrict- ions, this Ordinance shall prevail. SECTION 4. VIOLATION AND PENALTY A. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each. and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted. Upon conviction of any violation of any of the provisions of this Ordinance, such person shall be punished by a fine of not more than one hundred (100) dollars, or by imprisonment for not more than thirty (30) days, or both such fine and imprisonment. SECTION 5. DEFINITIONS ne For the purposes of this ordinance, certain terms are defined as set forth. All words in the present tense include the future tense; the plural includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory. Accessory Buildinq - A building which is subordinate to, and incidental to the principal building on the same lot, but does not include any building containing a dwelling unit as herein- after defined. Accessory Use - A use incidental and subordinate to the principal use of the premises. Aqriculture - Tilling of soil, horticulture, raising crops, ~ivestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughter houses, commer- cial feed lots. Airport - Any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon. Animal Hospital -Any building or portion thereof designed or used for the care or treatment of cats, dogs or other animals. Apartment - A. room or suit of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed. Automobile Sales Lot - Premises on which new or used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done. Automobile Service Station - Premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular acces- sories, and providing vehicular lubrication and related services, including minor motor vehicle repairs. Automobile Wreckinq Yard - Any use of premises, excluding fully enclosed buildings, on which two or more motor vehicles not in operating condition are standing more than thirty (30) days, or on which used motor vehicles, or parts thereof, are dismantled or stored. Page 28 Block - The space along one side of a street between the two nearest intersecting streets, or between an intersecting street and a right-of-way, waterway or other similar barrier, whichever is lesser. Boardinq~ House - A building other than a hotel or restaurant where meals are provided for compensation to three or more persons who are not members of the householder's family. B~ldinq L Any structure with substantial walls and roof securely affi xed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no com- municating doors, windows or opening, which is designed or intended for the shelter, enclosure or protection of persons, animals, dhattels or property of any kind. Buildinq, Detached - A building surrounded by open space on the same lot. Buildinq, Nqnconforming - Any building which does not conform to the requirements of this ordinance. Building, Gqvernment - A building owned or used by the Federal, State, County or City government, or any political subdivision, agency or instrumentality thereof. Business or Commerce - The purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amuse- ment enterprises or the maintenance and use of offices or pro- fessions and trades rendering services. qity - The City of Chubbuck, Idaho. Clerk - The City Clerk of the City. Commission - The Planning-Zoning Commission of the City. The Planning Commission is declared to also be the Zoning Commission of the City. (Idaho State Code Section 50-406) Cgmprehensive General Plan - The Comprehensive General Plan for the City officially adopted by the Council as such. Conditional Use - The term Conditional Use shall mean a use or occupancy of a structure~ or use of land, permitted only upon issuance of a Conditional Use Permit and subject to the limitations and conditions specified therein. Council - The City Council of the City. Drive-In Establishment - An establishment, other than an auto- mobile service station, which is designed to accomodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchases or receive services. Dwellinq - A building, or portion thereof, containing one or more dwelling units. The term dwelling does not include any trailer, motel, hotel, guest house or boarding house as defined herein. Page 2 9 Dwellinq, Hiqh Rise Multiple-Family.- A multiple-family building or portion thereof, containing five (5) or more stories and which m~y include off-street parking facilities, and having at least one (1) passenger elevator to serve the dwelling units. Dwellinq, Multiple-Family -A building, or portion thereof, contain- ing three or more dwelling units. ~wellinq, Sinqle-Fam~!y - A building designed for use and occupancy by no more than one family. Dwellinq, Two-Family - A detached building designed for and occupied exclusively by two families living independently of each other. Dwellinq Unit - One or more rooms designed for, or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unitt with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, frater~ ty, or hotel. Floqr Area, G~oss - The sum of the gross horizontal areas of the seve~l floors including the exterior walls of a building or portion thereof. Floor Area, Net - That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms and laboratory or work rooms, provided however, that floor space within the b~lding reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded. H~ht,_ Buildinq - The verticle distance from the grade to the highest point of the coping of a flat room or to the deck line of a mansard roof or the average height of the height gable of a pitch or hip roof. Home Occup~i.on - Any gainful occupation engaged in by an occu- pant of a dwelling unit including handicrafts, dress-making, millinery, laundering, preserving, office of a clergyman, teaching of music, dancing and other instruction when limited to attendance of one pupil at a time and other like occupancies which meet all of the following conditions: The use is clearly indicidemtal and secondary to the use of the dwelling for dwelling purposes. The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof. No article shall be sold or offered for sale on the premise, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domestic use. The use does not change the character of the dwelling or adversely affect the uses permitted in the residential distr~ t. The use creates no additional traffic and requires no additional parking space. No persons are employed other than those necessary for domestic purposes. Not more than one-fourth of the gross area of one floor of said dwelling is used for such use. Page30 The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customary in dwellings are involved. Junk Yard - An outdoor space where junk, waste, discarded or sal- vaged materials are stored or handled, including automobile wreck- ing yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel mater- ials and equipment excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condit~n, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises. Kennel,_ Commercial - Any lot or premises or portion thereof, on which three (3) or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale. Loading and Unloading. Sp~ce,j. Off-Street - An open off-street area of land other than a street of public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Lot - A unit of land described by metes and bounds or a Part or a recorded subdivision so recorded for transfer of ownership. Lot, Corner - A lot which is bounded on two (2) or more sides by street Lines; where the angle of intersection does not exceed one hundred thirty-five (135) degrees. Lot Coveraqe.- The area of a lot occupied by the principal building or buildings and accessory buildings. Lot Line - The boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public street. For a corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line or most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side line in common with another lot. ~0.t,~ Width,- The horizontal distance bewteen side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines. Mobile Home - A detachedlsingle-family dwelling unit with all the following characteristics; Designed for long term occupancy and containing sleeping accomodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections for attachments to outside systems. Designed to be transported after fabrication on its own wheels or on a flat bed or other trailers or detachable wheels. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connect- ion to facilities and the like. Mobile Home park - Any area, tract, plot, or site of land, whereupon two or more mobile homes are places, located and maintained for dwelling .purposes on a permanent or semi- permanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person holding the person holding the land. Page 31 Motel -A building, or group of buildings on the same premises whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. Nonconforminq .Us.9.- Any use lawfully occupying a building, structure or land at the effective date of this ordinance, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located. Nursery School - An institution providing care, with or without instruction, for more than five (5) children of preschool age. Nursinq _Home, Convalescent Home - A building housing any facility however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two or more individuals suffering from~illness, disease, injury, deformity or requiring care because of old age. Reset Home, .Elderly Housinq - Where medical care is not administered. Parkinq Lot - An open, graded and surfaced area, other than a street or public way, to be used for storage, for limited periods of ~ime, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers. ~arking Space - Usable space within a public or private parking area or building, not less than one hundred and eighty (180) square feet, (nine feet by twenty feet ), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle. Raisinq Livestock - Restaurant -A~y land, building or part thereof, other than a boarding house, where meals are provided for compensation, in- cluding, among others, such uses as cafe, cafeteria, coffee shop, lunch room, tea room and dining room. Setback Area - The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this ordinance, or by delineation on a recorded subdivision map. Si~ - A sign is any structure or natural object, such as tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, acti- vity, person, institution, organization or business, or which shall display or include any letter, word model, banner, flag, pennant insignia, device or representation used as, or which is in the'nature 6f an~anno~nce~ent, direction or advertisement. For the puspose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any political,educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event. Page 32 Stgr~ - That portion of a building included between the upper surface .of the ~loor next above, except that topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or celler is more than six (6) feet above grade, such basement or cellar shall be considered a story. Street - A public right-of-way which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved bythe Council. The term "street" includes also the terms highway, thoroughfare, parkway, thoroughway, road, avenue, boulevard,land, place and other such terms. Structure - Anything constructedor erected, except fences, not exceeding three (3) feet in height, which requires per- manent location on the ground or is attached to something having location on the ground. Tavern or Lounqe - A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal busi~ss is serving food. Trailer - A mobile home park. (See Mobile Home Park) Y_ard - An open space on the same lot with a principal building or group of buildings, which is unoccupied and inobstructed from its lowest level upward, except as otherwise permitted in this ordinance, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located. Yard, Front - The yard extending across the full width of the lot adjacent to the front street line. Yard Rear - The yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. Yard.~.~ Si~e - The yard lying between the nearest wall of the principal building, accessory building and side lot line, and extending from the front yard or the front lot line to the rear yard. Zoninq Comm~ssi?n - The Planning Commission. Zoninq Ma.R - The map incorporated into this ordinance designating the Use District Zoneso SECTION 6. EFFECTIVE DATE This Ordinance shall be in full force and effective on the llth day after its passage and approval thereof. PASSED BY THE CITY COUNCILOF CHUBBUCK THIS J ~ ~ ....... DAY OF ~ ~c~ ~-~. ,~/~3~c~_, 1971. ? APPROVED: ATTEST: CITY CLERK ~M~YOR