HomeMy WebLinkAbout05 12 2020lao,k_\
CHUBBUCK
I D n H o
Land Use and Development Commission
Regular Meeting
May 12, 2020
7:00 PM
Due to social distancing needs, this meeting will be held via web and telephone ONLY via the
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Meeting ID: 910 1583 0144
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AGENDA
I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES for April 14, 2020 (action item)
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1. Election of Officers- The Commission will appoint a Chair and Vice -Chair for the next
calendar year (Action Item)
2. An application for a Conditional Use Permit for a self-service storage facility with a
watchman's residence in a Limited Commercial (C-1) on approximately 8.71 acres of land.
Subject property is generally located at the Southeast corner of Philbin and West
Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd.
The property is currently zoned as Agriculture. This item was tabled following a public
hearing at the regular April meeting pending more information regarding zoning
preferences. Since the meeting, the applicant has decided to withdraw the rezoning
application to C-1 and to keep the property under its current zoning designation. Type of
Action: Commission Decision. (Action Item)
V. STUDY SESSION
1. The Commission may review proposed city code text amendments by City Staff and
provide input on the following sections of draft code: 18.20 Planned Unit Developments
(PUDs) Chapter, 18.06 Definitions Chapter, and a new proposed chapter 18.10, relating
to Accessory Dwelling Units (ADUs) as well as relative references in other chapters and
sections of code relating to PUDs and ADUs.
VI. ADJOURN
City Hall and the City Council Chambers are accessible for persons with disabilities. Any person
needing special accommodations to participate in the meeting should contact the City offices at
208.237.2430 at least 24 hours prior to the meeting.
City of Chubbuck Land Use and Development Commission
Regular Meeting
CHUBBUCK Ap7 1000 PN�I020
I A A H a Held Virtually/Telephonically due to declared COVID-19
Emergency
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
MINUTES
Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Carrie Holm,
Brady Smith, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Senior
Planner Don Matson, Community Planning and Economic Development Director Devin Hillam, Associate
Planner Paul Andrus, Office Administrator Kami Morrison
Mendenhall called the meeting to order at 7:00pm turned time over to Hillam to review zoom meeting
expectations and requirements.
Mendenhall asked if any Commissioners had a conflict of interest within the items before the board
tonight. Smith recused himself from Public Hearing item #3.
APPROVAL OF THE MINUTES: March 10, 2020
Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of
March 10, 2020 meeting be approved as emailed; Schwartz seconded. The full authority approved.
PUBLIC HEARING
An application for a Change in Land Use District from Agricultural (A) to Limited Commercial
C-1 on approximately 8.71 acres of land. Subject property is in the Northwest % of Section
9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the
Southeast corner of Philbin and West Chubbuck Rd, Chubbuck, Idaho at approximately the
1200 block of West Chubbuck Rd. The Comprehensive Plan Future Land Use map designates
this area as Mixed Use. Type of Action: Recommendation to City Council. (Action Item)
Riley Sorensen, applicant, stated this is a storage facility they are looking to develop in the area and
need a zone change to do that. It is a family business and they are looking forward to being a part of the
area.
No questions from the Commission.
Paul Andrus, City Planner, indicated this is the zone change and also have the Conditional Use Permit
application tonight. Applicant may want to amend how much is zoned C-1 on this property. Comp Plan
designates the property as future "Mixed Use" which accommodates this zoning.
Smith asked what it will mean if the applicant determines they want to zone more or less, will they have
to go through a rezone again? Andrus stated if they reduce the area they may zone later. With CUP for
storage units, they are conditionally allowed in the Agricultural district and in the C-1 district with a
Conditional Use Permit. There is a limitation on size in C-1, however, there is no limitation in the Ag
zone
Attorney Holmes stated the Commission could recommend C-1 zoning and if applicant wanted to amend
at Council level to zone less and leave Ag zone it shouldn't be a problem because it a less intensive use.
No questions from Commission.
Mendenhall opened the public hearing.
No testimony in favor.
No testimony neutral.
No testimony in opposition.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall entertained a motion. Stoddard moved to recommend approving the zone change as
submitted in the application, seconded by Smith.
With all commission members understanding the motion they voted.
Roll Call Vote: TJ Budge, Yes; Brandon Jackson, Yes; Carrie Holm, Yes; Brady Smith, Yes; Mike
Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried.
An application for a Conditional Use Permit for a self-service storage facility with a
watchman's residence in a Limited Commercial (C-1) on approximately 8.71 acres of land.
Subject property is in the Northwest % of Section 9, Township 6 South, Range 34 East of the
Boise Meridian, Idaho, generally located at the Southeast corner of Philbin and West
Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The
property is currently zoned as Agriculture and a change in land use district application for C-
1 has been received; if the conditional use permit is approved, a necessary condition will be
that it will not take effect unless the change in zoning is approved by the City Council. Type of
Action: Commission decision. (Action Item)
Riley Sorensen, applicant, stated they are proposing a self -storage facility with a mix of climate
controlled units, drive up, interior and larger units for small business inventory and warehouse uses.
They have developed several in Utah and are excited to be part of the community.
Budge asked about the design of the buildings, finding that the application states buildings will have
architecture similar to surrounding neighborhood and asked if the rendering was showing the caretakers
building. Sorensen confirmed and stated that the office is in bottom and the caretaker's residence is on
the upper level. Budge asked about the architecture of storage units. Sorensen stated that units will be
chip block face with a color band throughout so aesthetically it matches the building and is a
block/mortar construction. Budge asked about the roof style. Sorensen stated it is a sloped standing
seam metal roof and tie into columns that separate the doors. Columns are also block and mortar.
Budge also asked Sorensen to describe the buffering on Chubbuck Road and stated he has concerns
because it's not what he envisioned populating this section of road, and buffering is important.
Sorensen stated the buffer strip will be landscaped to add value and will have grass and trees and won't
be a solid block wall. Storage inherently has a stigma to it that is block and gray and no architecture.
They use copper lights to make building stand out and use cultured stone and design in block work.
Photos were shown of facility in Provo, Utah.
No other questions.
Paul Andrus, City Planner, stated they have reviewed the application and there is a limit on size of 3
acres from the Self -Storage Facility code. In Agricultural zone there is no mention of size. Andrus did
send out a memo after packets were sent and most of those issues will be covered during Design
Review. Only concern at this point is the 3 acre limitation.
Smith asked if Ag doesn't have limitation but they already recommend approval for zone change, now
working under C-1 zone. Andrus stated that the 3 acres won't be zoned until it goes to Council and then
would have an ordinance drafted so it would depend on whether they approve with current zoning or
future zoning. Hillam stated the section could remain Agricultural zoning without 3 acre limit and other
section could be zoned C-1. Hillam added C-1 is the best use for the comp plan. They do realize there
are limitations on the project because of C-1 zoning requirements.
Smith stated it almost like the City is trying to keep it Agricultural where they normally wouldn't in order
to make it fit. Hillam stated they see it as an option but is the Commission's prerogative to determine if
it's appropriate for an Ag zone or if they wanted the entire unit and property to be C-1 which could be a
condition of approval. The city is simply offering alternatives that would let the project move forward as
proposed or one that is more in-line with comp plan. Andrus stated when they first started they asked
the applicant to rezone to C-1 since the Ag zone has been typically used as a place keeper and is
probably not the most desired zoning there.
Budge commented that he wasn't aware of the 3 acre restriction in commercial zone for storage units
and asked what the rationale was behind that decision. Andrus stated he was not aware of the rationale
his only guess is it was because they didn't want big storage facilities in those areas. Holmes stated
when they first started getting storage unit applications there was a knee jerk reaction and probably not
what we would expect in that particular area. The feeling of the Commission and Council was that they
needed to be limited in size, that's why the 3 acres was put in. Holmes added that it certainly appears,
from the design, this is a much different storage unit we've seen in the area. The applicant hasn't asked
for a waiver or variance. They don't have the inclination to amend that section in our supplement
controls that deals with storage units. The only way to make it fit is to have a portion remain
Agricultural which is odd but does work. If the Commission is inclined to grant the CUP, design is critical,
it should be a condition of approval that they adhere to that design for exterior walls and interior
buildings as presented.
Smith asked about staff's positon on the access on Philbin Road since it's just going to be an approach
not a road. Andrus stated that they would deal with that in Design Review but knows the feeling from
the Engineering department and access management is to have the main access off of Hiram on the east
side and that Chubbuck Road should have turn lanes which may work to get in and out. Traffic in and
out of units is fairly low. Hillam added that they will look at all accesses and approaches in Design
Review.
Budge stated that he has concerns about putting a storage unit of that magnitude on Chubbuck road
and if they are going to it would require a substantial landscaping buffer, even something with a berm
and trees so you can't see what's back there. Budge asked staff how much of a landscape screen would
25 feet provide if heavily vegetated. Andrus stated the code requires 10 foot landscape strip along the
road with trees every 50 feet of frontage along with shrubs and vegetation. Hillam added that in terms
of a berm it could be troublesome as it's already marked for storm water retention. Commission could
place a condition on the CUP for a berm or screen for compatibly with surrounding neighborhood but
that would likely increase the 25' area to accommodate a berm and storm water swale/system.
Holm asked if there were sidewalks and about storm water retention. Andrus stated that there is
sidewalk along there and as part of design review they will discuss storm water retention for the whole
site. Holm stated that the landscaping and swales could double for retention and Hillam agreeing, said
all of those specifics will get worked out during the final plat and plan review.
Mendenhall opened the public hearing.
No testimony in favor.
Frank Nuding, 6346 Old Ranch Road, testifying neutral, is working with the property owner across the
way on Bilyeu property and is curious about curb cuts. They have put in a preliminary proposal to city,
and have been working on zoning issues. Also specifically looking for a c -store and is not sure if access is
off Hiram or further down. Area out there needs commercial development.
No testimony in opposition.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall asked staff to address question about curb cuts. Hillam stated Nuding had a valid point and
at that specific location they are not sure if design manual would allow for access off Chubbuck but if it
did that the he would recommend as a condition to the Committee that the applicants work with
Nuding and other property owner so approaches line up.
Mendenhall commented that one thing that was mentioned was the storage facility not being seen by
adjacent property. In the CUP questionnaire #4, they specifically stated that units will be screened from
adjacent properties and Mendenhall would recommend holding them to that. Also since they have
already recommended C-1 zoning, would recommend that the Commission abide by the acreage
guidelines for 3 acres. If it's dependent upon whether property is split from C-1 and Ag but for
Commission's guidelines, application needs to be viewed in the C-1 property requirements. Limitation
on acreage needs to be adhered to.
Smith said his concern is the Commission is asked to change to a zone that works for them but if they
conform with the comp plan it makes no sense to leave anything Ag. If it's C-1 that's fine and can look at
it in those terms but to change course and leave 5 or 6 acres Ag and some C-1 he doesn't think that
conforms with comp plan.
Budge added he is concerned about having a large compound of storage units on Chubbuck and can
think of a lot of other places in town that would be more suited and struggles permitting that in this
location. Only reason he is sort of open to it is because it is different than what they have seen but if
they did allow it is important they have a much larger buffer than 10 feet. The Commission has the
ability impose more stringent requirements and if allowed they require, as a condition, a minimum of 25
foot buffer that is heavily landscaped for additional screening.
Mendenhall asked the applicant if there was anything he wanted to rebut from the public hearing.
Sorensen stated he understands the landscaping concerns and if anything they want to add value to the
area not detract value. Sorensen added that is the reason they use high end materials and take pride in
their work. Their family does the landscaping themselves and they don't cut corners or cost. Sorensen
reassured the Commission that they are top notch and that's how they advertise and is safe, secure and
clean.
Mendenhall asked applicant if there would be any boat or RV storage. Sorensen stated that they will
have some larger units with wider doors and taller units that are also enclosed.
Ken Menlove expressed concerns that the applicant may not be aware of C-1 zoning requirements and
how that would cut down storage space. When they originally submitted the application they were
aware of Ag zone but weren't aware of C-1 limitations until just now.
Mendenhall directed them to touch base with city staff on that after the hearing.
Smith stated to clarify, that has been his point all along, it is Ag now but by nature of this project, in the
comp plan Ag isn't even mentioned in future land use.
Hillam stated that staff requested the applicant request the zone change to C-1 from the comp plan
stand point but one of the very few uses Ag zone does allow for is a conditionally permitted storage unit.
They could have still applied for a Conditional Use Permit for the 4.5 acres for storage units.
Stoddard asked when the platting process would happen. Hillam stated the plat would follow the
rezone approval. If they leave as Ag and CUP is approved or AG and C-1 as CUP, plat process could follow
immediately after CUP decision. Stoddard asked if Commission would consider platting open space lots
to allow them for platting to get it down to 3 acres for storage facility only. Hillam stated that as a
project is a whole, so 3 acres of storage units and one lot with open space could work. They could look
at what the storage unit itself is using and landscaping lot separate. Hillam added they would support
that moving forward.
Stoddard stated that their options are limited; they can approve the CUP contingent on City Council
rezoning to C-1 for 3 acre storage unit vs option 2; they can approve CUP in Ag zone with current zoning
for proposed acreage.
Andrus added that another use is the office and residence so it's not all storage units. Stoddard asked if
that meant possibly in platting you could plat a lot for office and residential separate from storage units.
Andrus confirmed.
Commissioners further discussed the importance aesthetics, buffering and landscaping.
Mendenhall stated that his biggest concern is that the application is based on Ag zoning and applicant
has applied for C-1 zoning. It's hard to mesh what is to be approved and the comp plan shows it should
be something zoned other than Ag. Application does not meet C-1 criteria due to size.
Jackson stated he likes the additional setback of 25 feet but they need to stick to the 3 acre maximum in
the code. Jackson added that if they try to cut up and work around it and the Commission is
overstepping their bounds by making accommodations because the intent was to minimize size. His
inclination is approval but to stick to 3 acres maximum.
Smith stated that in effort not to hold it up, they either have to condition it and force zoning or say go
back and get zoning figured out and come back.
Schwartz stated he lives 300 feet away so was opting to keep his opinions to himself.
Mendenhall stated he was in favor of the idea of the applicant coming back after zoning is determined.
Jackson asked how that needs to happen if they deny or table the item. Holmes stated it is his
recommendation to table it so they don't have to go through the process again with a denial. It's
possible they will have to do whole new presentation but can keep the application.
Mendenhall entertained a motion.
Jackson moved to table the Conditional Use Permit and allow the applicant to do further research and
conform to C-1 or come back with rezone of Agricultural. Stoddard seconded.
Smith asked for clarification, zoning is currently Ag, so if they come back they wouldn't be changing
zoning. Hillam stated that is correct. Mendenhall confirmed the motion is to table until zoning has been
determined.
With all commission members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; Brandon Jackson, Yes; Dan Stoddard, Yes;; TJ Budge, Yes; Mike
Schwartz, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes. Motion carried.
3. An application for annexation of approximately 87 acres of land into the City of Chubbuck and
to include the property in the Creative Community -Northside Crossing (CC -NC) Zone. The
Comprehensive Plan Future Land Use map designates this area as Employment. Property is in
the East % of Section 34, Township S South, Range 34 East of the Boise Meridian, Idaho. The
affected area is generally located east of the Union Pacific Railroad and south of Tyhee Road.
This area is noted for expansion of the Northside Crossing Creative Community in its approved
Master Development Plan. Type of Action: Recommendation to City Council. (Action Item)
Mitch Greer, RMES, representing applicant. Greer stated when they initially presented the overall
master plan for Northside Crossing; this piece was included in that. Yost acquired the property and the
request is for annexation as was originally conceived with the master plan. The development is
intended to be mixed use type zoning, allows completion of Whitaker Road infrastructure all the way
through. Open spaces, park and buffering planned along railroad tracks. This completes the project
they have presented many times at many meetings.
Don Matson, Senior Planner, stated that this was all part of the plan originally that this acreage would
be included in Northside Crossing. When it goes to Council there will be one additional step aside from
annexation and zone change, they will also approve the ordinance 18.35 which is specific to Northside
Crossing.
No questions from Commission
Mendenhall opened the public hearing.
No testimony in favor.
No neutral testimony.
No testimony in opposition.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Mendenhall entertained a motion.
Budge moved to recommend approval of annexation and zoning as requested in application and amend
code to include subject property. Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan
Stoddard, Yes; Brady Smith, Yes; Jason Mendenhall, Yes. Motion carried.
Smith stated that even though we are disconnected and didn't get to have Pledge of Allegiance he is
glad we are still free even though we are locked in our houses and we shouldn't forget that.
Hillam stated it's likely the Commission will do this same process next month so to email him
suggestions/feedback to take into consideration for that meeting.
Mendenhall entertained a motion to adjourn; Stoddard made the motion. Schwartz seconded. All voted
to adjourn at 8:11pm.
Jason Mendenhall, Chairperson
Kami Morrison, Office Administrator
CHUBBUCK
1 0 A H 0
Memo
To: Land Use & Development Commission
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
From: Devin Hillam, Community Planning & Economic Development Director `'
Date: May 4, 2020
Re: General Business item #1: Election of Officers
As excerpted from the Commission's by-laws below, the Commission should elect a Chair and Vice Chair
for the upcoming calendar year:
ARTICLE 5
OFFICERS
A. Election and Apj2ointrnent. The Chairperson and Vice -Chairperson shall be
elected by majority note of members present annually at the regularly scheduled May meeting of
the Commission, or if no meeting is held in May, at the next regular meeting, and those officers
shall serve until the next annual election, or until the election or appointment of their successor.
The Chairperson shall be empowered to make temporary appointments until an election can be
held. All officers shalt be voting members of the Commission. If both the Chair and Vice
Chairperson are absent, the meeting shall be held if a quorum exists and members attending shall
select a Commissioner to act as temporary Chairperson for the duration of the meeting.
B. Chairperson. The Chairperson shall preside at all meetings of the Commission and
at all public hearings. The Chairperson shall vote on all matters said his/her vote shall be
counted in detennining the passage of any motion.
J:\Planning\LUDC\LAND USE SECRETARY\Meeting Packets\2020\05 May\May 2020 Election of Officers
Memo.docx 1
CHUBBUCK
1 0 A H 0
Memo
Office of Community Planning &
Economic Development
PO Box 5604-5160 Yellowstone Avenue, Chu bbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use Chair and Commission
From: Paul Andrus, Planner
Date: April 22, 2020
Re: Conditional Use Permit for Bear River Storage:
An application for a Conditional Use Permit for self -serve storage units with an
office and care taker unit on approximately 4.5 acres of land.
Background: On April 14, 2020 a public hearing was held and the decision was tabled
until the next meeting. The City of Chubbuck Land Use & Development Commission
(LUDC) requested that the applicant be clear on what the zoning status would be for the
project. Thus clarifying the applicable requirements to be considered for the CUP.
The applicant withdrew the zoning application and will stay with the current agricultural
zoning. The agricultural zoning does not have any specified limit on the maximum
acreage for storage units. Self -serve storage units are conditionally permitted in an
agricultural zone.
Staff: After review, the application meets the requirements for consideration for a CUP
for self -serve storage units with an office and caretaker quarters in an agricultural zone.
The Comprehensive Plan shows this area as Mixed Use which accommodates Limited
Commercial (C-1) and all of the Residential zonings (R-1, R-2, R-3, R-4).
Request: Review the previous Staff Report, draft minutes from the LUDC public hearing,
and other attachments and determine whether to approve, deny, or table the
application.
Attachments:
A. Photos of similar facility in St. George Utah
Attachment A:
Photos of St George facility
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
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CHUBBUCK
Memo
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use & Development Commission
From: Don Matson, Planning Manager
Date: May 4, 2020
Re: Chapter 18.20 Planned Unit Developments (PUD) Rewrite
As you will recall, we discussed overhauling the PUD ordinance in study sessions in the months of January,
February, and March 2020. Since some time has passed, it is brought back to you for a refresher discussion
in May. We intend to have it on your June 2020 agenda for a recommendation to the City Council.
At the March meeting questions were raised about the shared parking incentives. Some
clarifications have been added, see pages 22 and 23 of the draft ordinance.
The highlights of earlier discussions include the following:
• The 1 acre minimum size for residential PUDs, see page 2 (030.6)
• A land use table for the PUD zone that coincides with the Comprehensive Plan Future
Land Use Designations, see pages 7-12
• Sidewalk to garage setbacks in residential areas, see pages 14 (1.b) and 17 (13.3)
• Setbacks and transitions to lower intensity development, see pages 13 (B), 21 (13.2), and
22 (B.3)
• Raising the standard for open space dedications, see page 14 (G.1) and 21 (13.1)
Input from the Commission is welcome. Please review the draft and compare it with the current
code (http://www.sterlingcodifiers.com/codebook/index.php?book id=632&chapter id=44075)
and come prepared to discuss the proposal in detail, along with any other thoughts or
comments.
DRAFT FOLLOWING LDDC REVIEW ON 3/10/2020
See pages 22-23 for updates regarding shared parking incentives
Chapter 18.20
PLANNED UNIT DEVELOPMENTS
18.20.010: PURPOSE AND INTENT
18.20.020: RELATIONSHIP TO OTHER LAND USE REGULATIONS
18.20.030: ELIGIBILITY
18.20.040: PROCEDURE FOR APPROVAL OF A PUD
18.20.050: PROCEDURE FOR AMENDMENT OF A PUD PLAN
18.20.060: LAND USES IN THE PUD ZONE
18.20.070: DEVELOPMENT STANDARDS
18.20.080: RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES
18.20.090: NON-RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES
18.20.100: STREETSCAPES AND SIGN STANDARDS IN PUDS
18.20.010: PURPOSE AND INTENT:
A. PURPOSE: In accordance with city policy to guide major land development projects, the purpose of this
district is to encourage innovation and special features in planned unit development (hereinafter referred to
as "PUD") by embracing and promoting projects proposing any of the following, but not necessarily all:
1. A combination of land uses and development patterns in harmony with development intensity, multi-
modal transportation, community design, and community facilities objectives of the City of Chubbuck
Comprehensive Plan; however, unless otherwise stated in this section, a mix of land uses or housing
types is not required in a PUD.
A maximum choice of living environments by allowing a variety of housing and structure types,
permitting an increased density per acre, and accepting a reduction in lot dimensions, yards, setback,
and area requirements.
A more useful network of bicycle and pedestrian paths, open space, and recreation areas accessible to all
and supportive of healthy commuting and active living, and if included as part of a mixed use project,
more convenience in access to employment and services.
B. INTENT: The intent of the PUD Zone is to further the policies of the City of Chubbuck Comprehensive Plan to
a greater extent than would a traditional zone, by providing a zoning district with a better mix and
arrangement of land uses than are typically found separately in mutually exclusive, traditional zoning
districts to:
1. Promote the public health, safety, and welfare;
Reduce suburban sprawl, under -developed sites, and agricultural land development on the ex -urban
fringe;
3. Promote increased community interactions through careful site development which emphasizes
pedestrian and bicycle modalities;
4. Encourage a variety of housing types and affordability that accommodate residents' needs through all
stages of life;
5. Establish reasonable design standards for development and redevelopment in order to ensure that the
built environment is sustainably desirable and stable, that property values are stable and maintained,
and to enhance the image of the City of Chubbuck; and
6. Allow for innovative designs that create visually pleasing and cohesive patterns of development and
multi -modal transportation.
18.20.020: RELATIONSHIP TO OTHER LAND USE REGULATIONS:
Whenever there is a difference between the provisions of this chapter and those of other chapters, the
provisions of this chapter shall prevail. Unless otherwise authorized, subjects not governed by this chapter shall
be governed by the respective provisions found elsewhere in this title.
18.20.030: ELIGIBILITY:
The PUD process is not intended to skirt development rules nor result in a detrimental impact on the
surrounding community through its implementation.
A. ELIGIBILITY: A PUD may be permitted if a developer desires flexibility from specific conformance with zoning
regulations as applicable to individual lots or traditional subdivision regulations provided they can meet the
requirements for a PUD located within this chapter. The PUD process is intended to provide flexibility,
latitude, and relief from the provisions of the zoning ordinance only if the proposed development is
consistent with two (2) or more of the following instances:
1. The development offers a maximum choice of living environments by allowing a variety of housing and
building types.
2. The development promotes mixed use projects which are functionally integrated within the development
and provides services or benefit to the primary use. For the purposes of this chapter, a mixed use
project means the incorporation of more than one of the following land use groups: residential,
commercial, industrial, and civic/institutional.
3. The development provides a layout which preserves and properly utilizes natural topography and
geologic features, historic resources, scenic vistas, and beneficial trees or other vegetation.
4. The development parcel is constrained or otherwise limited by some obstacle, feature, geometry,
condition, or easement that interferes with applying standard development processes.
5. The development qualifies as infill per this chapter.
6. The development encourages infill that further implements the City of Chubbuck comprehensive plan
and other plans, such as for parks or the downtown area.
B. MINIMUM AREA:
1. Residential: A PUD shall contain an area of not less than one (1) acre.
2. Commercial, Industrial, or Mixed Uses: A PUD shall contain an area of not less than three (3) acres.
3. Residential Infill PUD: There shall be no minimum area requirement for a PUD meeting the infill standards
per section 18.20.60.E, but design must accommodate requirements of this code.
4. Downtown Area: For a Residential, Mixed Use or Commercial PUD in the Downtown Area there shall be
no minimum area requirement, but design must accommodate requirements of this code. For the
purposes of this chapter, the downtown area shall be defined with the following boundary:
a. Union Pacific Railroad on the east, Interstate Highway 86 on the south, a line approximately 400 feet
west of Yellowstone Avenue on the west, and a line approximately 300 feet north of Chubbuck Road
on the north.
b. Parcels northwest of the Yellowstone Avenue and Chubbuck Road intersection are included in this
description.
5. Sites over five (5) acres are also eligible for Creative Community (CC) zoning and development. Qualifying
sites are encouraged to consider development as a CC.
C. OWNERSHIP AND DIRECTION: A PUD shall be developed under single ownership or direction or be the
subject of a joint application by the owners of all property included. An application for approval of a PUD
may be filed by a person or persons having contractual interest in the property, but must include written
consent of the recorded owner or owners of property included in the development. Unless otherwise
provided as a condition for approval of a PUD, the applicant may transfer units of any development for
which approval has been granted; provided, that the transferee shall complete, use, and maintain each such
unit in conformance with the approved PUD Master Development Plan (hereinafter referred to as "MDP").
Perpetual maintenance arrangements of common areas shall be arranged in the Codes, Covenants, and
Restrictions (CC&Rs) as described in 18.20.040.D.
D. QUALIFYING LOCATIONS: A PUD Zone may be proposed in any part of the City.
18.20.40: PROCEDURE FOR APPROVAL OF A PUD:
PUDs are allowed in any area within the city; provided the following procedure is utilized and the plan is
approved by the City Council (hereinafter referred to as "Council") after appropriate public hearing and review
by the Land Use and Development Commission (hereinafter referred to as "Commission"). In reviewing any
PUD, the Commission and the Council shall take into account the criteria and standards set forth in
subsection 18.28.040.0 of this title.
A. DISCRETIONARY POWERS: Following the spirit and purpose of this chapter, much greater latitude is
permitted than in conventional and traditional regulations for development density and intensity. In
consideration of the latitude given, the Commission and Council shall have discretionary powers in judging
and approving or disapproving the imaginative or unique concepts, innovations, and designs which shall be
incorporated into the plans presented, provided that PUD shall conform to the general purposes and
objectives of the City of Chubbuck Comprehensive Plan.
B. PLANNING CONFERENCE: The developer shall meet with the public works director in a Planning Conference
as described in 17.12.020 to discuss submission of a PUD zone and MDP application. The purpose of this
meeting is to review early and informally the purpose and effect of this title and the criteria and standards
contained herein, and to familiarize the developer with the Comprehensive Plan and land use and
development regulations.
C. OPTIONAL SKETCH PLAN REVIEW: After holding a Planning Conference, and before applying for a PUD zone
and MDP, the developer may elect to present a sketch plan of the proposed PUD to the Commission and
Council for review and comment as business items with each body. A sketch plan is not a formal PUD
application, and comments or feedback from the Commission and Council shall be non-binding. A PUD
sketch plan review shall include, at a minimum:
1. Items 1 and 3 from subsection D below,
2. For residential areas, the proposed density, number of units by type and location, and the amenities,
design, and other incentives allowing increased density, and
For non-residential areas and land uses, the proposed uses by type and location, height, parking, and
open space variations, and the amenities, design, and other incentives allowing greater intensity.
4. Topography and significant natural features on and adjacent to the property.
D. PUD ZONE AND MDP: An application for a PUD zone and a MDP shall be filed concurrently with the public
works director by a property owner or person having existing interest in the property for which the PUD is
proposed. Together the applications shall follow the process and procedures described in 18.28 for a
zoning map amendment.
Application for an associated preliminary plat may be filed at the same time; procedures for the plat shall
follow the process and requirements as described in Title 17.
The PUD MDP application, as an addendum to the PUD zone application, shall contain the following
information:
1. Aerial image showing the site location, acreage, boundary, scale, and north arrow, accompanied by a
legal description of the property.
2. Concept plan/map of the PUD with proposed land use locations, concept for open space, pathways, and
amenities, and existing and proposed streets.
3. Proposed schedule and phasing plan for the development of the site, including development of
amenities, open space, and landscape features, and evidence that the applicant can initiate the
proposed development plan within two (2) years.
4. Existing features of the development site, including all transportation systems, waterways, major utilities,
easements, floodplain boundaries, topography, structures, and major areas of woodlands or other
native vegetation,
5. A design manual with proposed design and architecture guidelines, and architectural and special features
to be included to qualify for increased development intensity/density, per 18.20.60.D and 18.20.70.
Include building elevations and heights, type and color of building materials with emphasis on
architectural design and aesthetic value, color renderings of building materials and structures,
landscape standards, and other architectural features such as street furniture, public art, or site-specific
sign standards. Photographs of similar developments, whether developed by applicant or others, may
be provided.
For residential areas, the proposed density, number of units by type and location, street pattern and lots,
and the amenities and other incentives justifying the request for increased density if desired. For non-
residential areas and land uses, the proposed intensity, justification for any proposed height increases,
parking and open space variations; approximate square footage, preliminary site plans, and the
amenities and other incentives allowing greater intensity.
2
7. Statement of eligibility of the project, per 18.20.030, including qualifications for infill or downtown
recognition.
8. Streetscape standards, and landscaping plans for open space, pathways, and recreation areas.
9. Requested deviations in zoning standards, per 18.20.060, including proposed internal and external
setbacks, and plans for perimeter transitions. The MDP application shall be accompanied by a written
statement by the developer setting forth the reasons why, in his opinion, the PUD and associated
deviations from city zoning and street standards would be in the public interest.
10. Engineering feasibility studies and plans showing, as necessary, water, sewer, irrigation, drainage, and
waste disposal facilities; street improvements and cross-sections if they differ from city standards. The
plan shall show the adequacy of the utilities and streets proposed are suitable and adequate to carry
anticipated loads, and increased densities will not be such as to overload the utility and street networks
outside the PUD.
11. Evidence of unified ownership or control.
12. Deed restrictions, protective covenants, CC&Rs, 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.
13. Any other appropriate supplementary information that may also be required by the Public Works
Director.
14. Where any information required by this section is similar to information required to be presented by the
developer for a preliminary plat in compliance with title 17 of this code or the PUD zone application,
such information may be utilized for both purposes. However, consideration and approval of a
subdivision shall occur by separate application, presentation, and action.
E. APPROVAL OR DENIAL: Within sixty (60) days after receipt of the application, the Commission shall
recommend to the Council that the MDP be approved as presented, approved with supplementary
conditions or disapproved. The Commission shall then transmit all files constituting the record and the
recommendation to the Council. The Council shall review the MDP and approve, approve with
supplementary conditions or deny said plan. Upon granting or denying the application, the Council shall
specify:
a. The ordinance and standards used in evaluating the application.
b. The reasons for approval or denial.
F. IMPLEMENTATION: The MDP shall be adopted as an exhibit to the ordinance which establishes the specific
PUD Zone. The MDP, or portions thereof, may be amended per the process outlined in 18.20.050. A
development agreement between the City and the applicant may be required by the City Council and
executed before the zoning designation shall be effective.
G. TIME LIMIT: The approval of a MDP 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 approval has been issued, it shall expire. An extension of
the time limit may be approved, without further hearing or recommendation by the Commission, if the
Council finds that such extension is not in conflict with the public interest.
18.20.050: PROCEDURE FOR AMENDMENT OF A PUD PLAN:
A. Major PUD Amendment Process: The Commission shall hold a public hearing before forming a
recommendation to the Council. The Council may approve the amendment as a business item. Major
amendments include but are not limited to:
1. Change in the proposed land uses;
2. Change or conflict with any condition of approval;
3. Change in the street pattern, particularly if it would negatively impact adjoining property as determined
by the Public Works Director;
4. Increase in overall density or intensity of use that exceeds:
a. One percent (1%) of the approved number of dwelling units or 1 additional unit, whichever is less; or
b. Ten percent (10%) of the total approved building square footage or height;
5. Decrease of more than ten percent (10%) of the number of approved parking spaces;
6. Change in the proposed phasing sequence of the PUD;
7. Decrease in the amount of required or proposed open space or landscaping equal to or exceeding ten
percent (10%) of the approved amount;
8. Decreases in any setback by more than ten percent (10%) of the approved amount; and
9. Any other proposed change deemed by the Public Works Director to be a major change.
B. Minor PUD Amendment Administrative Process: The Public Works Director may review and approve
proposed minor amendments to an approved PUD without requiring an additional application to the
Commission and Council if:
1. The proposed amendment does not conflict with any imposed conditions of approval; and
2. Does not increase the overall density or intensity of use by:
a. One percent (1%) of the approved number of dwelling units; or
b. More than ten percent (10%) of the total approved building square footage or height;
3. Does not decrease the number of approved parking spaces by more than ten percent (10%);
4. Does not decrease any setback by more than ten percent (10%) of the approved amount.
5. Does not relocate any public right-of-way, unless required by any governmental agency; and
6. Does not change any requirement for the payment of monies or the dedication of land or other property
rights.
18.20.060 LAND USES IN THE PUD ZONE:
A. COMPREHENSIVE PLAN: In compliance with the Future Land Use Map and the District -Zone Conversation
Chart in the Comprehensive Plan, the table below provides guidance for what uses are generally acceptable
within a PUD. Applicants may propose a variety of land uses within a PUD for immediate and future
development per the Land Uses table in subsection a, and additional uses per subsection d, below. The
Commission and Council shall specify the exact permitted and conditionally permitted land uses allowed
within the PUD after considering the proposed land uses, design and buffering, compatibility with surround
zoning and land uses, the Future Land Use Map, and the District -Zone Conversion Chart applicable for the
subject property(ies).
COMPREHENSIVE PLAN DISTRICT -ZONE DISTRICT CONVERSION
Plan Designation
Zoning District Permitted
LDR — Low Density Residential
R-1 — Single Family Residential
R-2 — Limited Residential
MDR — Medium Density Residential
R-2 — Limited Residential
R-3 — General Residential
HDR — High Density Residential
R-3 — General Residential
R-4 — Dense Residential
C — Commercial
C-1 — Limited Commercial
C-2 — General Commercial
E — Employment
C-2 — General Commercial
I — Industrial
MU — Mixed Use
R-1, R-2, R-3, R-4, C-1
B. PERMITTED AND CONDITIONAL LAND USES: The developer shall propose the land uses for the PUD
based upon the zoning districts indicated in Section 1 above and the table below. The proposed land
uses are to be compatible with or buffered from adjacent land uses, and in agreement with the adopted
Comprehensive Plan.
LAND USES
COMPREHENSIVE PLAN DESIGNATION
P — Permitted use
C— May be permitted with conditions LDR MDR HDR MU C
X —Not allowed
Agricultural:
Agriculture (except livestock)
IAgricultural feed and supply store
7[Livestock
7[Riding stable or school
Arts, entertainment, tourism, recreation:
F _PF _PF
F _x F _x F _x F _x F —P F -P
F _P F _P F _P F -c F -c F -c
F -c F _x F _x F _x F -c F -c
Amusement or recreation center I X I X I X I C
LAND USES
P — Permitted use
C — May be permitted with conditions
X — Not allowed
Exercise gym, salon, or martial arts instruc
Gallery or studio for visual or performing
7[Golf course
Museum or interpretive center
Civic services:
7[Assembly, place of
7[Cemetery
7Government facility (excluding critical infr
7Fchool / College (public or private)
7rV studio, radio station
Commercial retail:
Automotive parts store
Bakery / baked goods store
Convenience store, with or without fuel
Equipment rental and sales yard
Industrial and agricultural equipment sale
supply
Other / general retail stores and services
Pet shop and supplies
F[Production building sales
Fecreational vehicle sales, including parts
FRestaurant, including drive-through
Fsexually oriented business
7 Tire shop, including recapping
7�Truck and heavy equipment sales
COMPREHENSIVE PLAN DESIGNATION
__ KAMM I .-- AAI I , r
tion F_XF_XF_XFPFPC
arts F—xF—xF _x_FPFPC
I I I I I X
F_X1 X I X I —C I _P F C
F—cF—cF
I I
C
)structure) FC FC FC
7-CF-CF-CF—CF—CF—C
F_XF_XF_XF_CFPF_P
F_X1 X F_XFCFPF_P
F-1 F—F—F—F—
F _X X F _X —C _P
_P
F _X X F _X F —C _P
—C
TJ x F —xF—xF -PF
—P
.F
s and Fx
FxFxFxFPFP
I "` I X I X I I C
F_X1 X F_XFCFPF_P
F—xF—xF x I "- I P
and service FX I Fx Fx FP
_ F_xF_xF_xF_cFPF_P
I X I X I "- I "- I "- X
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F_xF x I x I x I
P
F—XF—XF—XF—xF—PF—p
Ei
LAND USES
P — Permitted use
C — May be permitted with conditions
X — Not allowed
Vehicle sales, including parts and service
Yard and garden sales and services, greenhouse
Commercial services:
Animal care site, commercial kennel
Automotive body and mechanic services
Car wash
Cleaning, laundry shop
Hotel
Kennel, hobby
Motel
Office professional (<10,000 square feet)
Office professional (> 10,000 square feet)
Other commercial services
Photography, portrait studio
Printing and publishing
F[Truck and heavy equipment maintenance and repair
7[Vehicle Repair
Health and human services:
Barber, beauty shop
Childcare center
F[Day spa, mineral bath, sauna
Funeral home
� r
Hospital
Lab, medical, dental or optical
Nursing home
Shelter homeF—cF
COMPREHENSIVE PLAN DESIGNATION
LDR MDR HDR MU C
F—x —F—xF—xF—cF—pl
F—XF—XF—XF—cF—pl
—F—XF—XF—XF—XF—c
F—XF—XF—XF—cF—p
—F—xF—xF —x—F—xF—p
F—XF—XF—XF—cF—p
—F—XF—XF—XF—XF—p
F-CF-CF-CF—CF—C
—F—XF—XF—XF—CF—p
F—XF—XF—XF—pF—p
—F—XF—XF—XF—CF—p
F—XF—XF —XF-CF —P
—F—XF—XF—XF—PF—p
F—XF—XF—XF—cF—p
—F TT —x—F—xF—xF—c
F—xF—xF —x—F—xF—c
C
C
C
v
m
I
LAND USES COMPREHENSIVE PLAN DESIGNATION
P — Permitted use
C — May be permitted with cond
X — Not allowed
Home occupations:
Major home occupations
Minor home occupations
Industrial / manufacturing:
Asphalt plant
Beverage bottling plant
Cement or clay products ma
Concrete batch plant
Contractor shop and yard
I Food processing plant
7[Furniture/cabinet shop
7rce and dry ice manufacturir
Laboratory research
Machine shop
Meatpacking plant
Other manufacturing, heavy
Other manufacturing, light
Public utility or rail yard
Recycling center
Rendering plant
71well drilling
7[Wood processing plant
Production and site buildings
Non-residential, for uses alk
Non-residential, cluster arras
allowed
itions
LDR MDR HDR MU
C E
FP' P' FP1 P' Fx
Fx
' F _x
' FP _
' FP _' FP _
FP _
X
I x I x I x Fx—Fx—
X
F _x I x F _x Fx— Fc—
F _P
nufacture I x I x x x x
C
I "' I "' I "' I "' I "'
C
I x I x Fx_I x I _P
P
F
I x I x I x I x I
C
I "' I "' I x I x I
P
g FX I X FX F P
P
F
F_x1 x F_XFCFCF_P
F_x1 x F_XF_XFCF_P
F—XF—XF—XF—xF—XF—c
I x I x I x I "- I x
C
F_xF x F—xF—xF—cF—p
F_x1 x F—xF—xF—cI
P
F_x1 x F_XF_XF_C1
C
F_x1 x F—xF—xF—xF—x
F_XF_XF_XF_xFCF_P
_F_xF _x_F_xF_xF_cF_c
(for other uses allowed):
.wed FPFPFPFPFPP
igement, for uses Fx
FcFcFxFxFx
10
LAND USES
P – Permitted use
C – May be permitted with conditions
X – Not allowed
Residential, Class I or Class II
Residential, Class III (outside production buildings
cluster arrangements)
Residential, Class III (within production buildings
cluster arrangements)
�[ite buildings, for uses allowed
r
Residential dwellings (subject to density restrictions):
r—
Single household dwelling
Fero lot line residence, detached
Duplex (subject to restrictions)
r— -
Twin Homes
Threeplex
Fourplex
Townhouse
7[Apartment building
7[Accessory dwelling
Warehouse and storage:
Commercial laundry service
peed manufacture and storage
7rrozen food locker
Fuel yard
Grain storage
Moving and storage company
_rSalvage site
Sanitary landfill
[Self-service storage facility
COMPREHENSIVE PLAN DESIGNATION
LDR MDR HDR MU C
P P —C F —C F —C F
—F—F
XF.
X Fx
X
I
X P P FX
X
I —P I —P I —P I —P I
—P F
C
X
a
11
LAND USES COMPREHENSIVE PLAN DESIGNATION
P – Permitted use
C – May be permitted with conditions LDR MDR HDR MU C E
X – Not allowed
Terminal yard, trucking FX I - � FX I FC P
Vehicle storage site, garage or facility Fx I x F x —F—xF—cI C '
Warehousing, wholesaling _X1 X _X_ F _X _C_�
1. Permitted unless objections by any person as set forth in section 18.12.032 of this title, inwhich case the matter is treated as
a conditional use permit.
2 Permitted unless objections by any person as set forth in section 18.12.030N of this title, in which case the matter is treated
as a conditional use permit.
C. ADDITIONAL LAND USES: In addition to residential and other allowed uses, up to twenty percent (20%) of
the gross land area may be directed to other uses that are not allowed within the Comprehensive Plan Land
Use Designation area, provided that:
1. The uses are appropriate with the primary use.
2. The uses are intended to serve principally the properties within the PUD and adjacent areas.
3. The uses are integrated into the PUD.
4. The uses are located and so designed as to provide direct access to a collector or an arterial street
without creating congestion or traffic hazards.
5. A minimum of fifty percent (50%) of the primary use development occurs prior to the development of
the specially permitted uses.
D. CONDITIONAL USES: Proposed land uses that would require a Conditional Use Permit in the table above
shall require a notice with the MDP public hearing notice. Such uses proposed within a PUD after approval,
but not included in the development plan, shall require a Conditional Use Permit.
COMMERCIAL AND EMPLOYMENT LAND USE AREAS: PUDs in areas with a Future Land Use Designation of
Commercial or Employment in the Comprehensive Plan must not be exclusively residential but shall include
non-residential land uses. The mix of residential and non-residential land uses shall be appropriate for the
site location and design, as determined by the Commission and Council. Exceptions may be made for
qualified infill parcels, particularly in the downtown area as defined in section 18.20.30.6.
As a guideline, PUDs located in areas designated as Employment in the Comprehensive Plan
should reserve at least fifty percent (50%) of the area for industrial land uses, except for PUDs in
the downtown area as described in 18.20.30.6.
ii. New industrial uses are not allowed in PUDs in the downtown area unless they are subordinate to
a primary use, such as a bakery, microbrewery, studio, or other business for production of goods
or art for sale on site.
12
iii. Industrial uses may be permitted in PUDs in other Comprehensive Plan Land Use areas if it can be
shown that such development results in more efficient and desirable use of land.
18.20.070 DEVELOPMENT STANDARDS:
A. GENERAL REQUIREMENTS: In the PUD zone the following table of requirements shall apply. See section
18.20.080 for exceptions and incentives regarding residential density, and section 18.20.090 for exceptions
to non-residential building height, perimeter setbacks, and parking standards.
Comprehensive Plan Land Use
LDR
MDR
HDR
MU
C
E
Residential Maximum Units per Acre
5/ac
8/ac
16/ac
16/ac
16/ac
16/ac
Maximum Height
35'
35'
45'
45'
70'
70'
Minimum Setback from R-1, R-2, R-213
Zoning or Single Family Homes'
10'
10'
20'
20'
30'
30'
Minimum Setback from R-3, R-4, and
Non -Residential Zoning
10'
10'
10'
10'
10'
10'
1 If a neighboring single family home stands more than 100 feet away from the property line in an Agriculture or non-
residential zone, and is on a parcel greater than one acre in size, the minimum setback in the HDR, MU, C, or E area may
be reduced to ten feet (10').
B. SETBACKS:
1. Standard zoning setback requirements shall not apply to structures on the interior of the project, but
shall follow the approved MDP for the site and adopted building codes.
2. A proposed PUD shall incorporate height, density, landscaping, and/or architectural transition designs
along the development's perimeter to achieve an orderly transition to existing lower density residential
development on adjacent properties.
3. Industrial development in a PUD adjacent to any residential uses or zoning shall include a landscaped
buffer that is at least ten feet (10') wide within the setback. The landscaped buffer shall be planted with
an evergreen hedge or a dense planting of trees and shrubs. If using a buffer of trees and shrubs it shall
include some evergreen species appropriate to the site.
4. For the purposes of this section, residential uses across an arterial street from a non-residential use shall
not be considered adjacent, but shall be considered adjacent if located across a local or collector street.
C. WAIVERS AND ADJUSTMENTS: The Council may grant waivers or adjustments to the requirements for public
or private street widths, setbacks or other design standards if such waivers are deemed appropriate for the
development after considering surrounding uses and aesthetics. Special consideration may be given for
PUDs in infill areas.
1. Zoning Standards: The developer may deviate from the height, lot line setback, and lot dimension
schedule found in chapters 18.08 and 18.12.
a. Deviations shall be listed in full as a part of the PUD application. Modifications to other zoning and
subdivision standards will be determined by the Commission and Council on a case by case basis.
13
b. Residential setbacks shall not be reduced between interior edge of sidewalks and garages to less
than twenty feet (20').
2. Municipal Standards: The following standards may be modified if requested as part of the PUD approval
process and if deemed appropriate by the Council upon advice of the Public Works Director, and other
staff as applicable, after considering whether the resulting development would achieve greater
consistency with the intent and purpose of this chapter than development that would occur without the
modification:
a. Any provision in title 16 of this Code pertaining to streets and sidewalks;
b. Any provision pertaining to off-street parking and loading except that at least one of the required
parking spaces per residential unit shall be located a reasonable walking distance, except as
required to comply with the Americans with Disabilities Act (ADA).
c. Other provisions of this Code on a case-by-case basis.
D. BUILDING PERMITS AND ARCHITECTURAL FEATURES: When applying for a building permit for structures or
signs within a PUD, the applicant shall include a letter or checklist verifying that the structure satisfies the
architectural requirements of this chapter and the conditions of approval of the PUD. A similar letter or
checklist may be required for the Design Review phase of a development to verify conformance with the
approved open space and landscaping conditions of the PUD.
E. WATER CONSERVATION IN LANDSCAPING: In open space, setbacks, and other landscaped areas in PUDs,
other than recreation areas and managed natural areas, at least 33% of the area shall incorporate and
maintain a ground cover other than lawn or turf grasses, and that consumes less water than lawn or turf
grasses.
F. UTILITIES: Underground utilities, including telephone and electrical systems, are required within the limits of
all PUDs. Appurtenances to these systems which can be effectively screened may be exempted from this
requirement if the Commission and Council finds that such exemption will not violate the intent or
character of the proposed PUD.
G. COMMON OPEN SPACE AND PATHWAYS IN RESIDENTIAL PUDs: The provisions of this section apply to
residential PUDs and to the Net Residential Area of mixed use PUDs.
Minimum Open Space: A minimum of ten percent (10%) of the gross land area developed in any
residential PUD project shall be reserved for common open space and recreational facilities for the
residents or users of the area being developed. The common open space shall not have any dimension
less than ten feet (10') nor be less than three hundred (300) square feet in area. Required front, side,
and rear yard setback areas, and minimum building to building separation, shall not be included in the
calculation of the common open space provided.
Ownership: 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 if approved by the Council be dedicated to the public and retained as
common open space for parks, recreation, and related uses. The responsibility for the maintenance of
all open spaces shall be specified by the developer and approved by the Council before approval of the
PUD MDP.
Design: Diversity in the design and use of common open space, open land, parks, and common areas is
encouraged, and approval shall be judged as to its appropriateness based on the following criteria:
14
a. Areas intended for public use shall be freely accessible from streets and/or other common areas that
have unrestricted entry. The configuration of such space shall be to accommodate parks, play fields,
and play areas as directed by the city.
b. Pocket parks, courtyards, and similar common areas for internal use are encouraged within PUDs so
as to convey a sense of openness and community within the neighborhood. Pocket parks shall be
privately maintained unless approved by the Council.
c. Public utility and similar easements or right-of-way for watercourses and other channels are not
acceptable for common open space dedication unless such land or right-of-way is usable as a trail
or similar purpose. The common open space must be usable ground and not wasteland with no
other practical purpose. Consideration may be given to a managed area with a natural setting such
as a natural wooded area or a natural sage and grass area. Drainage or stormwater retention is
permitted in common areas.
4. Accessibility: If possible, 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 so that open space
is accessible to as many residents of the PUD as possible.
a. Open space and trails shall be designed so that a minimum of 75% of all multi -family structures (with
3 or more residential units per building) and a minimum of 50% of all single family, duplex, and twin
home lots shall be adjacent to or have direct access to the open space, pathway, or trail. For the
purposes of this section, the term "direct access" means lots or multi -family buildings are located a
maximum of two hundred fifty feet (250') away from an off-street trail connecting to a common
area open space lot or recreation amenity. The minimum width of internal trails other than sidewalks
shall be 6 feet.
b. Building lots separated from a common area open space lot by a local street shall be deemed to have
achieved direct access if a pedestrian crossing meeting ADA standards connects the two.
5. Trail System Connection Requirements: Exclusive of required sidewalks within or adjacent to a public
right-of-way, a public pedestrian or bicycle circulation system is required to connect to existing or
planned pedestrian or bicycle routes adjacent to the project. The minimum width of trails connecting to
existing or planned pedestrian or bike routes shall be 6 feet, but greater widths may be required by the
City after considering connections to adopted trail plans and anticipated use.
H. REQUIRED AMENITIES IN RESIDENTIAL PUDS: Two (2) or more of the following amenities shall be provided
as part of each residential PUD or the Net Residential Area of a mixed use PUD, and shall be commensurate
with the size and planned population of the development.
1. Additional landscaped open space of at least ten percent (10%) of the gross area (twenty percent, 20%
total). To qualify as an amenity, the additional open space must meet the same requirements as
described in 18.070.G.1 above for minimal open space requirements.
2. Private active recreational facilities such as playgrounds, picnic areas, basketball or tennis courts,
swimming pool, clubhouse, etc., of a size suitable to meet the needs of the development. For the
purposes of this section, a recreational facility(ies) that can simultaneously serve approximately eight
percent (8%) to ten percent (10%) of the projected PUD population at any given time shall be deemed
commensurate with the size and needs of the development.
3. Golf courses, but regardless of its size no golf course may contribute more than one-quarter of the
common open space required by this section.
15
4. Provision for a neighborhood park or other public open space or improved trailhead, with public access
thereto.
5. Greenways and waterways that include pedestrian ways, trails, bike paths, and equestrian trails linking
residential areas with other open space uses. These may be constructed on public utility or other
easements or canal right-of-way, and may be dedicated to the City or a non-profit entity. Greenways
and waterways differ in scale from required trail systems described in subsection B above, and may
include natural areas, seating/rest areas or other appropriate facilities.
6. Other amenities as may be approved by the Commission and Council on a case-by-case basis.
18.20.080 RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES
A. RESIDENTIAL USES:
1. Residential land uses and housing types are allowed on a range of lot sizes including, without limitation,
single household detached and Class 1 production homes, duplexes and twin homes, townhouses,
clustered patio homes, zero lot line and z -lot properties, condominiums, 3 and 4-plexes, and apartment
buildings, but must comply with densities as described in the City of Chubbuck Comprehensive Plan
and this chapter. Accessory dwelling units, live -work units, loft apartments and apartments above or
behind commercial space in mixed-use buildings are also allowed but are not included in the density
calculation of the PUD.
2. Residential PUDs, or Mixed Use PUDs, with more than 3 acres of Net Residential Area, or 40 residential
units, shall include a mix of housing types as allowed per Chapter 18.20.060.A, so that no more than
75% of units are from any one of the following groups/types:
a. Single family detached homes and Class 1 production homes, each with direct street access;
b. Duplexes and twin homes, each with direct street access;
c. Townhouses and clustered patio homes;
d. Zero lot line (detached) homes, and z -lot homes, each with direct street access;
e. Three- and four-plex apartments and condominiums; and
f. Apartments and condominiums with 5 or more units per structure.
g. Accessory dwellings and loft apartments are not included in the categories above for the purposes of
this section nor Section 18.20.060.D above.
h. Gross vs. Net Residential Areas: For the purposes of calculating density in regards to this chapter, the
Gross Area of a PUD shall include all parcels included in the application. Residential Net Area means
the Gross Area of a mixed use PUD less all acreage designated for non-residential or mixed uses.
Internal streets, driveways, parking, and recreation facilities serving residents of the PUD are
included in the Net Residential Area.
"
B. RESIDENTIAL DESIGN STANDARDS AND ARCHITECTURAL FORM:
1. Architectural Features.
a. The following features shall be required:
i. Contrasting color schemes and/or textures to create visual depth on all building facades visible to
the street, neighboring residential uses, common areas, or public parking areas within the
development
ii. A minimum of one (1) principal window treatment on every elevation (front, side, or rear) that
faces any street (public or private), parking area, or open space area including, but not limited
to, pop -outs, decorative wrought iron, wood trim, shutters, plant shelves, and other features or
embellishments to vary and soften the visual exteriors.
b. In addition to the features required in subsection a. above, a minimum of three (3) of the following
shall also be required on all residential structures:
i. Enhanced corners (pop -outs, embellishments, etc.).
ii. Deep recessed or rear -loaded garages on single household dwellings, duplexes, twin homes, etc.
(Deep recessed or rear -loaded garages shall count as two (2) features for the purposes of this
section.)
iii. Second stories stacked at greater setback than first floor to facilitate a first floor roof feature,
especially when located immediately above a garage.
iv. Offset garage doors, including garage structures for multi -family developments.
v. Courtyards (pony walls and/or decorative wrought iron may be used for courtyard enclosures),
including courtyards for clustered or multi -family developments.
vi. Enhanced window fenestration on all remaining front elevation windows, and all second story
windows facing a street, parking area, or open space area, using principal window treatments
described above in subsection a.ii.
vii. Break-up of parking areas in multi -family developments, including the use of enhanced
landscaping features. Driveways between separate parking areas shall be provided, unless
unusual site shape or other characteristics warrant separate access points and parking areas.
viii. Garages or covered parking stalls for at least one of the required parking spaces for each unit in
a multi -family development. Detached garages or covered parking structures must complement
the residential structure design in color, texture, etc. (Garages or covered parking shall count as
two (2) features for the purposes of this section.)
2. Gated Communities Prohibited: Gated communities are prohibited within the PUD Zone.
3. Parking, Garages, and Carports: Garages and carports may be included in the required amount of off-
street parking provided in residential areas. Driveway parking spaces shall be at least 10' wide and 20'
deep. Garages must be setback from the interior edge of the sidewalk by at least twenty feet (20') to
prevent vehicle overhang.
4. Land uses within the PUD will be interconnected through a system of roadways and pathways as
appropriate. Clustering of buildings is also encouraged to increase efficiency in land use and in public
utility delivery.
5. Parking areas in multi -family developments or other shared residential parking areas shall be landscaped
per requirements of Title 18.14, with the following enhancements:
17
a. Landscaping strips at least four feet (4') wide shall separate parking areas from buildings. Any
sidewalk provided between a building and parking area may be on either side of the landscape
strip. Such strips are considered part of the parking area and not open space.
b. Planters for trees in parking areas shall be distributed so that all parking stalls are within fifty feet
(50') of a tree, measured from corner of stall to tree trunk. Tree and shrub planting areas shall be at
least four feet (4') wide and six feet (6') long. Covered parking spaces shall be within sixty feet (60')
of a tree. Parking garage spaces are exempt from this requirement, but landscaping is required
adjacent to the garage as described in subsection 3.a above.
C. RESIDENTIAL DENSITY AND INCENTIVES:
1. Density per Future Land Use Designation: The base allowable residential density for a PUD is established
per the Future Land Use Designation area in the City of Chubbuck Comprehensive Plan as follows:
a. Low Density Residential (LDR): 5 units per acre.
b. Medium Density Residential (MDR): 8 units per acre.
c. High Density Residential (HDR), Mixed Use (MU), Commercial, and Employment: 16 units per acre.
2. Density Incentives: To provide for an incentive for quality PUDs, the Council may authorize an increased
density of up to twenty-five percent (25%) of the allowable number of dwelling units or structures, as
appropriate, taking into consideration the factors set forth in the following subsections. Character,
identity, architecture, and siting variation incorporated into a development shall be considered the
standard for all PUDs, such as: exceptional landscaping, streetscapes, and site design; open spaces and
plazas, use of native plantings, and pedestrianway treatments, and recreational areas; siting, visual focal
points, use of existing physical features, and variation in building setbacks and building grouping (such
as clustering); and design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
a. Public facility site dedications including, but not be limited to, the following: school site, transit
facility, park and ride lot, and public facility such as a library, recreation center, police, fire, or
emergency medical services station. Lands considered for this purpose must be sufficient in size and
scope to accommodate specific public need(s), free of encumbrances, pose no health or safety
issues, and serve the public interests as determined by the Council in order to qualify for this
designation and the ensuing acceptance. Land dedicated for public use may be eligible for bonus
density opportunity; fifteen percent (15%).
b. Workforce/affordable housing, a maximum increase of ten percent (10%) for those projects providing
workforce/affordable housing. Workforce/affordable housing shall be measured against the eligible
income limits recognized by SEICAA for Bannock County. The developer shall present
recommendations from SEICAA or other findings and examples relative to the housing provided to
qualify units as affordable. A general guideline for affordability may include the number of
bedrooms relative to the income limits by household size.
i. Affordable units must be dispersed throughout the development, if possible.
ii. Up to 5% for a PUD with 4 affordable units or 2% of all units, whichever is greater; or
iii. Up to 10 % for a PUD with 8 affordable units or 5% of all units, whichever is greater.
c: Architectural features: Inclusion of at least three (3) of the following components on or affecting all
residential structures throughout the development; ten percent (10%):
i. Any of the architectural features suggested in section 18.20.070.13 that were not incorporated in
the PUD to meet the requirements of that section.
ii. Enhanced paving and/or hardscape design features at intersections, courtyards, driveways, etc.
iii. Staggered setbacks for adjacent homes, townhouses, etc.
iv. The use of green building components such as, but not limited, to the following:
a. Permeable pavement on parking areas or driveways.
b. Renewable energy systems, such as solar panels.
c. Selective window orientation, shading and other treatments with building placement to
preserve solar access and/or improve heating/cooling efficiency.
d. Use of landscaping or natural topography, and energy-efficient building layout, for natural
windbreaks and shade in clustered or multi -family developments.
v. The proposed architectural features for the PUD shall be included in the MDP application
described in 18.20.40.D.
3. Flexibility: Any latitude, flexibility or relief provided through a PUD application shall be compensated by
the addition of some new amenity, within or outside the development. Such an amenity should provide
equal or greater value to the development as a whole. The determination of whether the compensation
offered is equal to or greater than the relief provided is left to the discretion of Commission and
Council.
D. RESIDENTIAL INFILL DEVELOPMENTS:
1. Lots and parcels within the city, or annexing into the city, may be considered for infill PUD status if it
meets the following criteria:
a. Location:
i. Lie in areas already substantially developed defined as at least sixty percent (60%) of the land area
within 300 feet of the boundaries of the parcel (excluding streets, waterways, etc.); or
ii. Lie in the downtown area as described in section 18.20.030.8.
b. Services: Sites where municipal services (sewer, water, fire, and police) are already available may
qualify for infill development.
c. The applicant shall submit with the application verification that the site qualifies as an infill site. This
verification may include recent aerial photographs and maps to document the availability to the site
of water, sewer, fire flow, and fire protection.
2. Developments recognized as infill are allowed a twenty percent (20%) increase in density over the base
density per subsection D above.
3. Based on the design and proposed amenities, the Commission may recommend, and the Council may
approve:
a. An additional five percent (5%) increase in the density allowed for the site as an infill incentive; or
19
b. A modification of the amenity requirements set forth in sections 18.20.060.6 and 18.20.060.0 of this
chapter.
18.20.090 NON-RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES
A. NON-RESIDENTIAL DESIGN STANDARDS AND ARCHITECTURAL FORM:
1. The MDP of a non-residential or mixed use PUD shall provide for: the integrated and harmonious design
of buildings, adequate and properly arranged facilities for internal traffic circulation, a compact
grouping in order to economize in the provision of such utility services as are required, and landscaping
and such other features and facilities necessary to make the project attractive from adjoining and
surrounding residential and public areas.
2. Non-residential structures and buildings 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 and
maintain collector and arterial street traffic circulation. The uses within the PUD will be interconnected
through a system of roadways and pathways as appropriate.
3. Parking areas shall be landscaped per requirements of Title 18.14, with the following enhancements:
a. Landscaping strips at least four feet (4') wide shall separate parking areas from buildings. Any
sidewalk provided between a building and parking area may be on either side of the landscape
strip. Such strips are considered part of the parking area and not open space.
b. Planters for trees in parking areas shall be distributed so that all uncovered parking stalls are within
fifty feet (50') of a tree, measured from corner of stall to tree trunk. Tree and shrub planting areas
shall be at least four feet (4') wide and six feet (6') long. Covered parking spaces and parking garage
spaces are exempt from this requirement, but landscaping is required in the parking area, and
adjacent to the garage as described in subsection 3.a above.
4. Industrial uses and parcels shall use landscaping, existing terrain or vegetation, berms, fencing, or a
combination thereof as buffers to screen lighting, parking areas, loading areas or docks, and/or outdoor
storage of raw materials or products from residential areas, open space, parks, and arterial streets.
Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce
truck traffic in the PUD.
All intervening spaces between the right of way and project buildings, and intervening spaces between
buildings, drives, parking areas, and improved areas shall be landscaped with trees, plantings, and
ground cover and properly maintained at all times. 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.
Non-residential structures shall include at least two similar design elements in all buildings or public
areas in the PUD. Elements may include: similar or complementary colors, textures or architectural
features; window treatments or canopies; courtyards and/or alcoves; street furniture and public art; or
some other features as proposed by the applicant. Accessory structures and secured and screened
parking or delivery areas may be exempt from this requirement. Awnings are allowed in a PUD but do
not meet the standards of this section.
7. Noise -generating fixtures and equipment including but not limited to large-scale HVAC units,
loudspeakers, electric and pneumatic tools, and compressors must be reasonably located or screened
to limit sound transfer to adjacent residential or recreation areas within or outside the PUD.
20
10. Open Space: A minimum of ten percent (10%) of the gross land area developed in a non-residential
PUD, or non-residential part of a mixed use PUD, shall be landscaped and reserved for common open
space.
a. The common open space shall not have any dimension less than ten feet (10') nor be less than three
hundred (300) square feet in area.
b. Any required front, side, or rear yard setback areas, minimum building to building separation, and
required parking area landscaping shall not be included in the calculation of the common open
space provided.
c. Hardscapes such as fountains, courtyards, plazas, and decorative walkways (other than required
sidewalks) may be part of the open space.
d. Public utility and similar easements or right-of-way for watercourses and other channels are not
acceptable for open space dedication unless such land or right-of-way is usable as a trail or similar
purpose allowing bicycle and pedestrian access or circulation for employees and customers, as well
as residents in mixed use PUDs. The common open space must be usable ground and not wasteland
with no other practical purpose. Consideration may be given to a managed area with a natural
setting such as a natural wooded area or a natural sage and grass area. Drainage or stormwater
retention is permitted in common areas.
B. NON-RESIDENTIAL DEVELOPMENT INCENTIVES
Open Space. The common open space required by this section may be reduced by the Council by 25% in
non-residential areas if it can be demonstrated that the common open space and parking areas are:
a. Landscaped in an exceptional manner which exceeds the minimum planting and placement standards
imposed in this code, including but not limited to two or more of the following features or other
proposed designs:
i. The use of drought -tolerant landscaping throughout the development;
ii. The use of ground covers other than lawn or turf grasses, and that consumes less water than lawn
or turf grasses, on at least 67% of the landscaped area, other than recreation areas or managed
natural areas;
iii. If using stone for ground cover, eliminating the use of gravel, stone, or crushed stone with an
average size less than four inches (4");
iv. Exceptional design and placement of landscaping materials for visual impact and enhancing
pedestrian environments; and/or
b. Interconnected with existing or planned bike lanes and pathways per the City Parks Master Plan, or
enhanced access to Pocatello Regional Transit fixed route stops.
Building Height: Building heights shall follow the maximum height limits and perimeter transition
guidelines as per section 18.20.60.A.3. Upon meeting the following criteria, allowed building heights
may be increased by up to twenty feet (20'):
a. The height of buildings may be increased above the district maximum height if they are setback from
R-1, R-2, or R -2P zoning districts at the PUD perimeter by at least forty feet (40'). Upper floors of
multi -story buildings may use "wedding cake style architecture" to achieve transitions from
neighboring parcels and extend above the maximum height; maximum increase ten feet (10').
21
b. Architectural Features: Non-residential structures meeting the following design guidelines may
qualify for an increase of up to ten feet (10') above the standard height limit.
Qualified buildings or PUDs shall incorporate at least three (3) of the following features:
i. Any of the architectural features listed in section 18.20.070.D.7 that were not incorporated in the
PUD to meet the requirements of that section.
ii. Enhanced paving and design features at intersections, courtyards, parking areas, driveways, etc.
iii. Covered walkways and/or minimum sidewalk widths of 8 feet in commercial and
civic/institutional areas, bordered by landscaping.
iv. The use of green building components, such as but not limited to the following:
i. Permeable pavement in parking areas or driveways/drive aisles.
ii. Renewable energy systems, such as solar panels.
iii. Selective window orientation, shading and other treatments with building placement to
preserve solar access and/or improve heating/cooling efficiency.
iv. Use of landscaping or natural topography, and energy-efficient building layout, for natural
windbreaks and shade in clustered or mixed use (residential) developments.
c. The height of mixed use buildings in the MU, C, or E districts comprising apartments and non-
residential uses may be increased by up to fifteen feet (15').
Setbacks: Non-residential buildings shall follow the setback standards per section 18.20.060.A.3, with the
following exception:
Other than heavy industrial uses, non-residential uses adjacent to residential uses or zoning may
qualify for a setback reduction of five feet (5') in HDR and MU areas, and ten feet (10') in C and E
designated area if the building:
i. Has no external storage or operations adjacent to the residential use or zoning;
ii. Includes the architectural treatments chosen per sections 18.20.070.0 and Section 2.b above on
front, side, and rear walls facing streets and residential areas;
iii. Follows the perimeter transition guidelines set forth in 18.20.040.E; and
iv. The use is permitted in the designated land use area. The setback may be reduced for conditional
uses if allowed by the Commission and Council.
4. Parking Standards and Incentives: Parking requirements in PUDs shall follow the same minimum parking
requirements per section 18.08.046, but with the following incentives. Requirements may be reduced for
all or part of the nen-residerdevelopment by up to #e-rty twenty-five percent (40%25%) under the
following criteria:
a. Multi -Family and Non -Residential Land Uses. For shared parking between groups of land uses, the
#eIIevv+r�reductions may be given, with greater reductions granted between uses that have offset
peak demand hours per the following table able by adding the requirements of the two uses and
reducing by up to the following percentages:
22
Land Use/Parking Group'
�
EDU
INST
RETL
LODG
RSTV
RECR
OC HR
IND
Multi-Family Residential
^"'r �2
5%
5%
5%
5%
5%
5%
10%
0%
Educational
5%
15%
20%
15%
15%
15%
25%
0%
Institutional'
5%
15%
20%
15%
15%
15%
25%
15%
Retail
5%
20%
20%
20%
20%
20%
15%
15%
Lodging
5%
15%
15%
20%
0%
0%
20%
15%
Restaurant/Tavern
5%
15%
15%
20%
0%
0%
20%
15%
indee Recreation/
Entertainment ARqusemeRt
5%
15%
15%
20%
0%
0%
20%
15%
Other Commercial/Office
10%
25%
25%
15%
20%
20%
20%
15%
Industrial
0%
0%
15%
15%
15%
15%
15%
15%
1. See groups per 18.08.046 Off Street Parking Requirements for more detail.
2. Includes ^^aftR4em-s-, apartments in mixed use buildings and accessory dwellings in non-residential areas.
3. Because churches and other religious institutions typically have peak times in evening and weekend hours, shared parking
incentives for churches shall be treated with the same percentages as Restaurants and Recreation.
i. To receive the incentive for shared parking, the parking area must be common property between
the landowners, or a cross easement for access and parking must be recorded with the plat.
ii. Applicant may propose a different shared parking reduction, provided a parking study is prepared
by a qualified engineer in consultation with Institute of Transportation Engineers parking
standards.
iii. Parking spaces for anticipated company vehicles may not be included in the shared parkinq
reduction without a parking study as described above in subsection ii.
iv. If a parking inventive is desired for more than two uses in the table above, one reduction rate
based on the two uses with the highest parking demand (total number of spaces needed) shall
be used to calculate the potential incentive.
b. In addition to the potential parking requirement modifications described in section 1 above, parking
requirements may be reduced for all or part of the non-residential development as follows:
i. Parking requirements for non-residential PUDs, or parts thereof, in the downtown area:
Reductions in requirements described in section 1 above may be increased by fifty percent
(50%).
2. On street parking adjacent to the PUD (street frontages only) may be included in the required
parking amount. Public street center parking islands are not included for the purposes of this
section.
ii. For every five (5) covered bicycle parking spaces provided the required number of vehicle parking
spaces may be reduced by one (1) space, up to a maximum reduction of three (3) spaces. Bicycle
parking must be ground -mounted, such as wave, U, or bollard styles, or custom/architectural
racks. Grid style or low -profile racks will not be considered for a parking reduction.
23
iii. For a permanent bicycle repair station and pump, provided with covered bicycle parking as
described above in subsection ii, the required number of vehicle parking spaces may be reduced
by one (1) additional space.
iv. For each electric vehicle charging station provided the required number of standard parking
spaces may be reduced by two (2) spaces, up to a maximum reduction of 8 spaces.
18.20.100 STREETSCAPES AND SIGN STANDARDS IN PUDS:
A. PERIMETER STREET FENCING. Perimeter landscaping and breaks in fencing are required to prevent the
creation of "dead streets" — long stretches of sidewalk between the street and a solid fence or wall greater
than fifty (50) feet in length. Fences and walls along streets more than fifty feet (50') long shall have
staggered heights, setbacks or materials, landscaped berms, meandering sidewalks, or some combination
thereof.
B. LANDSCAPE AND PARKING STRIPS. Landscape strips between sidewalks or streets and fences or walls, and
parking strips between sidewalks and streets, shall be landscaped, and shall be maintained by the Home- or
Business Owners Association.
Two (2) trees from the approved street tree list and four (4) shrubs shall be required within the landscape
strip for every seventy-five (75) linear feet, or fraction thereof. If the sidewalk is separated from the
street by a drainage swale, the required street trees may be planted on either side of the sidewalk.
Shrubs shall be planted away from the street.
Concrete, gravel, crushed rock and stone less than four inches (4") shall not be used as ground cover.
Plant or organic material shall be used for at least fifty percent (50%) of the ground cover in landscape
and parking strips.
C. FENCE AND WALL SETBACKS. To accommodate required landscape strips, fences and walls must be set back
from sidewalks at least fifteen feet (15') along local streets and twenty-five feet (25') along collector and
arterial streets. A thirty feet (35') wide landscape strip shall also be maintained adjacent to interstate
highways.
1. If the sidewalk is at least eight feet (8') wide and functions as a multi -use trail alongside a collector,
arterial, or interstate, and is separated from the curb or interstate boundary by at least five feet (5') the
fence or wall setback may be reduced by ten feet (10').
If the sidewalk is less than eight feet (8') wide and runs alongside a collector or arterial street, and is
separated from the curb by at least five feet (5'), the fence or wall setback may be reduced by five feet
(5').
3. Where the landscape strip is encumbered by easements or other restrictions, it shall include a minimum
five feet (5') wide area for planting the required shrubs and trees.
D. BLOCK LENGTHS. Blocks shall not exceed three hundred fifty feet (350') in length in residential or mixed use
areas, unless greater distances are required by the City's Access Management Guidelines on arterial and
collector roads, or where size, shape, or other constraint prevails on the site.
24
E. ENTRY MONUMENTS.
1. Monuments at the PUD or other entrance, including public art, landmarks, or architectural or water
features, shall not exceed fifteen feet (15') in height without a Design Review.
Monuments may include the name, logo, or other identification of the PUD or sub -area. Such signs shall
not exceed 15% of the area of the street face of the monument but no more than 20 square feet. No
part of a sign included in a residential area entry monument shall exceed 6 feet in height.
F. SIGN STANDARDS. Signs within the PUD shall meet the standards set forth in city code chapter 15.24 and the
criteria below:
1. The only free-standing signs allowed in the PUD, except for traffic regulation and similar public use signs,
are limited to the following: monolith, monument, pylon, and site directional signs.
2. Monument signs shall not exceed 6 feet in height and 12 feet in width, and shall be at least 12 inches
thick and wider than their height. The base of the sign shall be a minimum of 12 inches in height.
3. Monolith signs shall not exceed 25 feet in height, 6 feet in width, or 2 feet in depth, and shall be a
minimum of 3 feet wide, 12 inches thick, and at least 12 feet high. The base of the sign shall be a
minimum of 12 inches in height.
4. Pylon signs shall not exceed 25 feet in height or 8 feet in width, and shall be a minimum of 3 feet wide,
12 inches thick, and at least 12 feet high. The decorative material on the sign structure shall cover the
entire support structure to the ground or sign base.
5. There shall be no more than four (4) tenants advertised on a sign along a street. Additional tenants may
be included on internal signs as described in subsection 9, below.
6. Standards for Monument, Monolith, and Pylon Signs with Changeable Copy Displays:
a. Changeable copy may be incorporated into the sign face, up to a maximum of 20% of the sign area
excluding the base, but no more than six (6) square feet. For the purposes of this section,
changeable copy includes single -color static digital displays such as for fuel prices or time and
temperature, but not full-color displays or electronic reader boards.
b. The changeable copy display area shall not exceed six feet (6') in height. Pylon signs may include a
digital display panel, but it must not exceed the height limit.
c. The light intensity for digital display areas of a sign shall be limited as follows:
Intensity Levels (NITS)
Color'
Daytime
Nighttime'
Amber
3,350
675
Green
4,500
900
Red
2,250
450
White
2,000
350
Notes:
1. Only one color is allowed in the digital display area.
2. Begins half hour after sunrise.
3. Begins half hour after sunset.
25
7. Separation: Signs along streets in the PUD and on adjacent parcels must be separated by a minimum
distance of at least 250' as measured in a straight line, unless separated by a public street or a CUP is
issued. The separation of entry monuments that complement or mirror each other on both sides of an
entrance is exempt from this requirement.
8. Sight triangles established per 18.12.020 shall also be maintained for multi -family and non-residential
driveways along collector and arterial streets.
9. Interior and parking area signs:
a. Directional signs shall not exceed 4 square feet in area nor 3 feet in height. The pedestal or base of
the sign shall not be included in the sign area. Freestanding interior signs shall be of a consistent
design and height throughout the PUD and complement the design of the buildings on site.
b. Monument and Monolith Signs:
i. Non-residential areas in a PUD needing multiple tenant recognition may include an additional
sign, monument or monolith only, within a common parking area.
ii. An internal monument or monolith sign shall be no more than 2/3rds the dimensions (square
footage) of the development perimeter sign(s) and shall complement or mirror the design of the
perimeter sign(s) and/or complement the design of the buildings on site.
iii. An internal monument or monolith sign must be located at least seventy-five feet (75') from the
perimeter and from other internal monument or monolith signs.
c. If the exterior sign is a pylon sign, the interior sign shall be a monument sign, as described in
subsections 2 and 9.b. above, with a maximum height of five feet (5') and width of ten feet (10').
d. Drive-through lane signs are allowed, with no more than two for each drive-through lane serving a
business establishment. The signs shall be no greater than fifty (50) square feet in area and seven
feet (7') in height. They may be mounted on a wall, or on the ground with a solid base or enclosed
support structure representing a monument or monolith sign.
e. The light intensity for digital display areas of interior signs shall be limited the same as for exterior
signs as described in subsection b above.
10. Wall signs: Wall and window signs facing the street or parking area shall not exceed 15% of the area of
the building frontage, with a maximum of 220 square feet. Wall signs on the sides or rear of a building
facing an adjacent street or parking area are also permitted, and shall not exceed 10% of the wall
surface area, with a maximum of 160 square feet. Wall signs shall not exceed the height of the building
parapet. Wall signs are not permitted on the side or rear of a building that is not adjacent to a street.
11. Prohibited signs: Pole signs other than small directional and address signs described in subsection 9,
above, signs with moving, spinning, animated or flashing parts, electronic reader boards, inflated or
balloon signs, and roof -mounted signs are prohibited in the PUD zone. Billboards are prohibited
throughout the City.
N:
Other Changes with PUDs in Code:
18.06: [definitions] PLANNED UNIT DEVELOPMENT (PUD): A development of one or more land uses and
several structures embracing an integrated and harmonious scheme, developed under unified control.
18.08.010: ENUMERATION OF DISTRICTS:
J. Planned Unit Development (PUD): The purpose of this district is to encourage innovation and special features
in development by embracing and promoting: development patterns in harmony with community objectives, a
maximum choice of living environments, a more useful pattern of open space and recreation areas, enhanced
design standards and architectural features, conservation of energy and efficient design, and development
patterns which preserves and -employ the natural setting of the site.
18.08.030: GENERAL CONTROLS BY DISTRICT:
D. When several combined land uses exist or are proposed, the most intensive land use shall be considered the
primary activity for a development application. All nonprimary activities or uses outside a planned unit
development as set forth in chapter 18.20 of this title or a creative community as set forth in chapter 18.21 of
this title, shall only be allowed in accordance with the schedule of general controls, unless the same constitutes
subordinate uses which are customarily incidental to and located on the same lot or in the same building as the
primary activity or use.
17.08.120: PLANNED UNIT DEVELOPMENT:
"Planned Unit Development" means a development of one or more land uses and several structures embracing
an integrated and harmonious scheme, developed under unified control.
17.20.090: PLANNED UNIT DEVELOPMENTS:
The criteria of "impossibility" and "hardship" shall not apply to a request for relief from the provisions of this
title if such request is part of a proposal for establishing a bona fide planned unit development. However, the
requested relief shall not be granted if it appears that the planned unit development will not be consistent with
the stated purpose of this title or with the intent and objectives of the City of Chubbuck comprehensive plan.
The Council, with the advice of the public works director, shall determine whether a proposal constitutes a
bona fide planned unit development. Such a development must conform to the definition of a "planned unit
development" set forth in chapter 17.08 of this title and standards set forth in chapter 18.20 of this title, and
the proposal for any such development must be accompanied by true and accurate copies of the actual legal
instruments by which the development will be controlled and managed, together with such other information
required by this title or as may reasonably be prescribed by the public works director.
27
CHUBBUCK
Memo
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use & Development Commission
From: Don Matson, Planning Manager
Date: May 4, 2020
Re: Chapter 18.10 Accessory Dwelling Units (ADU) Draft
Attached is a draft of a new section of code addressing accessory dwelling units (ADUs). There is
a need for additional housing in the community for a variety of family types, including people
relocating to the Portneuf Valley for opportunities at places like INL or the FBI. ADUs can also
provide supplemental income and security to the owner, and even small well-designed infill can
have positive benefits to the community and on the city tax base and utility rates.
Currently an ADU is defined broadly as a residential rental dwelling, with an approval process
similar to home-based businesses. In the code there is some preference to allowing an ADU if the
primary residence is owner occupied, but there is no guidance on the size, appearance, or
parking.
To prepare this draft, information was gathered from 40 other municipal codes, with more than
half of those in the State of Idaho. In a few cases ADUs were allowed, but no specifics were
addressed. Others, particularly in college towns, limited the number of occupants and/or had
details for owner occupancy.
• In two thirds of all cases a maximum size was defined, with an average of approximately
900 square feet (range 600sf to 1500 sf)
o Some limited size based on the square footage of the primary residence, the size
of the lot, or some combination of factors
o Some limited # of bedrooms, occupants, or non -related persons
o The smaller size limits tended to be in college towns, the larger sizes were mostly
in resort communities and other places with high housing prices
■ Boise, Moscow, Missoula, Bozeman —each 600 sf max
■ Blaine County, Bellevue, Ketchum —each 1,200 sf max
o The suggested size limit in the draft is 1,000 square feet, rather than on # of rooms
o If a property owner is converting an entire floor (such as a basement) to an ADU,
the draft would allow more than 1,000 square feet
• In several places owner occupancy is required for an ADU, and a few of those places
require a deed restriction to enforce the owner occupancy requirement.
o Our current code requires a Conditional Use Permit if the home isn't owner -
occupied
o The ownership and deed restriction requirements provided in the draft are less
common and have faced legal challenges
• The draft ADU code doesn't propose any change to the land use table in 18.08.040
Input from the Commission is welcome. The current reference in code can be found here
(https://www.sterling cod if iers.com/codebook/getBookData.php?chapter id=44071#s11
57688).
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
194�0t\ 208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1 0 R H 0
Chapter 18.10
ACCESSORY DWELLING UNITS
18.10.010: PURPOSE: The purpose of this chapter is to: allow a more economic and efficient use of the City's
housing supply, land, and infrastructure; provide a mix of housing that responds to changing family amily needs;
provide a means for homeowners, particularly seniors, single parents, and families with grown children, to
remain in their homes and neighborhoods, and obtain extra income, security, companionship and services;
arotect neiahborhood stability and aroaerty values: and maintain the aoaearance and character of Chubbuck's
single household neighborhoods.
18.10.020: OWNERSHIP: If the proposed accessory dwelling is located in the A, R-1, R-2 or R -21P zone:
A. The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of
the dwelling units. For the purposes of this section:
1. Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for
whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child,
grandchild, brother, or sister of the owner of the dwelling may be considered the owner occupying one
or the other of the dwelling units.
2. Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as
evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than
six months in angiven iven year.
B. Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit
or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed
restriction shall run with the land, but may be lifted at a future time if the main dwelling and the accessory are
converted back into a single residence, or the property conforms to current zoning standards.
18.10.030: LOCATION:
A. An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the
same building as the single household dwelling or in a detached building such as a guest house or
attached to a garage. It shall not be attached to a duplex or other multi -family structure.
B. An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as
a caretaker unit, parsonage, live -work unit, or loft apartment. Multiple apartments above or behind
commercial space in mixed-use buildings are not considered accessory dwellings.
C. Accessory dwelling units are permitted, conditionally permitted, or permitted with restrictions throughout
the City, per the Schedule of General Controls; Land Uses by Districts found in 18.08.040.
18.10.040 SIZE AND HEIGHT:
A. Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to
the primary dwelling unit, and no larger than 1,000 square feet in size. If the accessory dwelling will occupy
one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of
the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the
Director or his designee to occupy the entire level, regardless of size.
B. An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size
but must be smaller than, and subordinate to, the primary land use.
C. If an accessory dwelling is created from new construction attached to or detached from an existing home,
the heiaht thereof shall not exceed the heiaht of the main structure on site, or as Dermitted by the
underlying zoning district, whichever is less.
18.10.050: PARKING AND ACCESS:
A. For accessory units associated with a single household dwelling, one (1) additional off-street parking space
shall be required in addition to the spaces required for the primary dwelling. Garages and carports may be
included in the required amount of off-street parking. Residential driveway_ parking spaces shall be at least
10' wide and 20' deep from back of sidewalk.
B. For accessory units associated with a non-residential structure or land use, parking may be shared with the
primary land use, but at least one (1) parking space shall be dedicated for each bedroom if the dwelling is
greater than 1,000 square feet in size.
C. A waiver to the parking requirements may be granted by the Director subject to documentation that unusual
circumstances of the occupancy will result in a reduced need for parking on the premises and will not
negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be
documented in the deed restriction required in Section 020, above.
D. A walkway shall be provided from the accessory unit to the street, and shall be a minimum of three feet (T)
wide and shall be finished with a hard all-weather surface.
18.10.060: DESIGN COMPATIBILITY:
A. In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood,
or the associated non-residential structure or land use, any additions or modifications to create an
accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and
complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window
trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative
design may be approved through a Design Review process.
B. For accessory dwelling units attached to a house, only one entrance to the structure may be located on the
front buildina elevation of the house unless multiple entrances are alreadv in existence.
C. The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure.
Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the
property.
Chapter 18.12.030.N- 18.10.070•
PERMIT PROCEDURES FOR Residential Dental Dwelling ACCESSORY DWELLING UNITS:
[The proposed procedural changes for ADUs are also reflected in a footnote to the 18.08.040 Land Use Table, and
are shown in the draft 18.06 Definitions change ordinance.]
4.A. Any person applying for a resid-eAtial re—Atal an accessory dwelling unit shall make application as set forth in
this Title and Title 15.; prni.iLnIncl, hewever,
B. If the proposed location lies in the R-1, R-2, or R -2P zone, the applicant that E)R shall, on an application
form provided by the city, list the names and addresses of all owners of record of
property i+h.., the extern -al beHAP1,ries l,f the land beiR . --,.-oro.1 -;;R-c, from the outermost points
where applicant's property borders the city street, for three hundred feet (300') each way from that point
along and on either side of said city street.
1. If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion,
owners of record and known occupants of property adjacent to the rear property line shall be included.
2 if the applicant will ewn and eccup„ the prepe+„ -and- If all of the above described owners or occupants
sign the applicant's applicatien petition for - reside+�-'. rental an accessory dwelling permit, then said
permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are
satisfied.
3. If any occupant or owner of record refuses to sign the petition, the applicant shall be required to #ave
seek the issuance of a Conditional Use Permit for the ro,-;d,on+;,' rI accessory dwelling.
-3-.C.
if applicant dees net ewn the preperty and/er will net eccupy the preperty, the applicant will be required
+„ have a cenditienal use permit f„r the residential rental dwelling If the proposed location lies in the A, C-
2 or I zone a Conditional Use Permit shall be required.
D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the
same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service
address as the primary residence, unless otherwise required by the utility provider or US Postal Service.
Chapter 18.12
SUPPLEMENTAL CONTROLS
18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES:
N. Permit PreeedUFes FeF Residential Rental Dwell* _ [delete entire section]
CHUBBUCK
Memo
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use & Development Commission
From: Don Matson, Planning Manager
Date: May 4, 2020
Re: Chapter 18.06 Definitions Draft Changes
Attached is a draft of several changes to Chapter 18.06, the Definitions section of the Land Use
ordinance. Some of the changes are in response to new residential products coming on the
market, others are to correlate with the draft ordinances for PUDs and ADUs.
The most significant changes are:
1) Deleting the numbering for each definition, to make amendments in the future less
cumbersome.
2) Additional definitions and clarifications for different residential types.
3) Definitions of sign types and structures, as well as awnings, canopies, etc. that support
signs.
4) Inclusion of illustrations of new housing and lot configuration concepts.
Input from the Commission is welcome. The current reference in code can be found here
(https://www.sterling cod ifiers.com/codebook/index.php?book id=632&chapter id=440
69).
Title 18.06
DEFINITIONS
[delete numbering for ease in amendments — alphabetical only]
GENERALLY: For purposes of this title, the terms set forth are herein defined:
ABUTTING G ZERO LOT LINE E RESIIIC[rename Zero Lot Line Residence, Attached]
:ESSORY DWELLING: A residential dwelling unit within the same building as a single household dwelling,
in a detached building such as a guest house, or attached to a garage, and located on the same lot as the
single household dwelling. An accessory dwelling unit may also be attached to or associated with a non-
residential structure or land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Such
dwelling units are subordinate to the primary land use. Multiple apartments above or behind commercial
space in mixed-use buildings are not considered accessory dwellings.
ACCESSORY STRUCTURE: [no change]
ADULT BUSINESS: [rename to Sexually Oriented Business to match Title 5]
AGRICULTURE: ono change]
ANIMAL CARE SITE: [no change]
AWNING: A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding
a doorway or window. An awning is either permanently attached to a building or can be raised or retracted
to a position against the building when not in use.
BLOCK: [no change]
CANOPY: A structure other than an awnina made of fabric. metal. or other material that is suaaorted
columns or posts affixed to the ground and may also be connected to a building.
CHILDCARE CENTER: ono change]
CONDOMINIUM: An estate consisting of an undivided interest in common in real property, in an interest or
interests in real property, or in any combination thereof, together with a separate interest or interests in real
property, or in any combination thereof, as defined in state code. A condominium may refer to an
apartment, townhouse or single household dwelling that meets these criteria, as well as commercial or
other non-residential properties.
DRIVE-IN ESTABLISHMENT: [no change]
DWELLING: [no change]
FENCE, SCREENING FENCE: [rename from Screening Fence, no change in definition]
FENCE, SOLID FENCE: [rename from Solid Fence, no change in definition]
HOME OCCUPATION: [no change]
HOUSEHOLD: [no change]
KENNEL: (no change — see 18.12.030.G]
LIVESTOCK: ono change]
LOT: [no change]
LOT, Z: A parcel with lot lines that are zig-zagged or joaaed, and placed in a series of similarly shaped and/or
relatively small lots within a subdivision. Also referred to as a zipper lot. Z lots may be developed with or
without zero lot line residences.
Z lot Illustration: Z lots can create more useable side or rear yards and/or allow side or rear windows to capture
wider views of the outdoors. In this configuration the wide and shallow back yards (shown by the dashed line)
are modified to create more useable, deeper yards (solid lines).
NONCONFORMING USE: ono change]
PARKING SPACE: [no change]
PEDESTRIANWAY: A walk extending entirely through a block from street to street or providing access to a
school, park, recreation area, residential neighborhood, or commercial or industrial area.
PLANNED UNIT DEVELOPMENT (PUD): A development of one or more land uses and several structures
embracing a embinatien of land uses within an integrated and harmonious scheme, developed under
unified control.
PRODUCTION BUILDING: [no change]
RECYCLING CENTER: ono change]
RESIDENTIAL RENTAL DWELLING: INN: (rename Accessory Dwelling Unit with new definition)
RESIDENTIAL STRUCTURES: Are defined as including the following:
A. Single household dwelling: A structure containing no more than one household or living unit, including a
dwelling that may contain a qualified accessory dwelling unit.
B. Duplex: A structure containing no more than two (2) households or living units on one parcel. The dwellings
may be side by side or above and below (see also Twin Home).
C. Threeplex: A structure containing three (3) households or living units.
D. Fourplex: A structure containing four (4) households or living units.
E. Townhouse: A single dwelling in a structure containing three (3) to eight (8) households or living units on
separate lots with common walls between them, having ground level access and all exits open directly to
the outside. Also referred to as a townhome or row house.
F. Twin Home: A structure containing no more than two (2) households or living units on separate parcels, side
by side with a common wall between them (see also Duplex and Zero Lot Line Residence).
G. Patio Home: A single household dwelling, clustered with other similar homes, having small yards and access
via a common court.
H. Apartment building: A structure eF r^Y,„ lex of -tr, +,,roc containing five (5) or more households or living
units. excludina townhouses.
SALVAGE SITE: ono change]
SCREENING FENCE: [rename Fence, Screening]
SELF-SERVICE STORAGE FACILITY: ono change]
ADULT SEXUALLY ORIENTED BUSINESS: [no change]
SHOP: [no change]
SIGN: Any visual device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors,
illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the
sign faces as well as any sign supporting structure designed ^r used +„ cenvey inf„r,,.,a+;,,,,
SIGN TYPES: For the purposes of this Code, the following definitions shall apply:
A. Awning Sign: Any sign painted on, or applied to, an awning.
B. Canopy Sign: Any sign that is part of, or attached to, a canopy.
C. Monolith Sign: A narrow, high profile sign permanently affixed to the ground at its base, supported by a
base structure and/or with a supporting structure completely covered or contained within the sign cabinet
structure.
D. Monument Sign: A low profile sign permanently affixed to the ground at its base, supported entirely by a
base structure, and not mounted on a pole. Also referred to as a ground sign.
E. Pole Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base
structure and/or with a supporting structure of one (1) or more poles, with the support structure partially or
entirely exposed.
F. Projecting Sign: A building -mounted, double -sided sign with the two faces generally perpendicular to the
building wall, not to include signs located on a canopy, awning, or marquee. Also known as a blade sign.
G. Pylon Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base
structure and/or with a supporting structure of one (1) or more poles, with the support structure entirely
concealed or encased in architectural embellishments such as brick, wood, or faux stone and may be similar
to the design of the adjacent building(s).
H. Roof Sign: A building -mounted sign erected upon, against, or over the roof of a building.
I. Site Directional Sign: Small signs designed to provide directions or other information to pedestrian, bicycle,
and slow-moving vehicular traffic into, out of, or within a site.
J. Wall Sign: A building -mounted sign which is either attached to, displayed on, or painted on an exterior wall in
a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall
sign. Fascia signs, parallel wall signs, and band signs are also considered wall signs.
K. Window Sign: A sign that is posted, attached, painted or placed in or on a window, or a sign that is located
within three feet (3') of the inside of a window.
SITE BUILDING: [no change]
SOLID FENf C; [rename Fence, Solid]
STORE (NOUN): [no change]
STREET: [no change]
STRUCTURE: ono change]
USE: (no change]
VEHICLE REPAIR SITE: ono change]
VEHICLE SALES SITE: [no change]
VEHICLE STORAGE SITE: [no change]
YARD: ono change]
ABUTTING ZERO LOT LINE RESIDENCE, ATTACHED: Two (2) or more zeF re residences that abut each
other on a common lot line boundary and wall and each are built to building code standards. An abutting
zero lot line residence shall be constructed with zero lot line firewalls as required by the building code. Twin
homes and townhomes are examples of abutting zero lot line residences.
ZERO LOT LINE RESIDENCE, DETACHED: A single-family residence household dwelling built on a subdivision
lot with one or more sides having zero setback from the property line. It is detached from other residences
or structures, and typically has a maintenance easement on the adjoining property for access to the exterior
or roof. A zero lot line residence is built to building code standards for a single-family single household
dwelling.
Standard Single Household Development Illustration: Standard configuration of detached homes with narrow side
yards that are not very useful, can be difficult to access.
Zero Lot Line Detached Illustration: Zero lot line detached homes have side yards combined for openness and
more useable space — maintenance easements are recorded on the opposing lots.
House House I House
can. -C i 1.
House House
2
i
House
House
House
House
House
Garage
Garage
Gulf I
"afugt
Zero Lot Line Detached Illustration: Zero lot line detached homes have side yards combined for openness and
more useable space — maintenance easements are recorded on the opposing lots.
House House I House
can. -C i 1.
House House
2
Other Title 18
18.08.030 GENERAL CONTROLS BY DISTRICT:
D. When several combined land uses exist or are proposed, the most intensive land use shall be considered the
primary activity for a development application er use fer a planned W n;+ development , so+ feer+h ; ,.trap+„Y
Q.2Q- r.f. +h;sr +; All nonprimary activities or uses outside a planned unit development as set forth in
chapter 18.20 of this title or a creative community as set forth in chapter 18.21 of this title, shall only be
allowed in accordance with the schedule of general controls, unless the same constitutes subordinate uses
which are customarily incidental to and located on the same lot or in the same building as the primary
activity or use.
18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS:
Land Uses
Land Use Districts
A
R-1
R-2
R-3
R-4
C-1
C-2
I
Residential Dwellings (subject to density restrictions):
Single household dwelling
P
P
P
P
C
C
C
X
Duplex (subject to restrictions)
C
X
C
P
P
C
C
X
Threeplex
X
X
X
P
P
C
C
C
Fourplex
X
X
X
P
P
C
C
C
Apartment building
X
X
X
X
P
C
C
C
Residential rental Accessory dwelling
C
Pz
Pz
P
P
P
C
C
Zero lot line residence, abutting or
detached (subject to restrictions)
C
C
P
P
P
C
C
X
Notes:
1. [no change]
2. Permitted unless objections by any person as set forth in subsection 19�N
18.10.070 of this title, in which case the matter is treated as. 'f there are ebje .tiers „r 4 r,,,+ „ pied
the applicant must ' ply fear a conditional use permit.
3. [no change]
Definitions in Other Sections:
16.08.04 CONDOMINIUM:
"Condominium" means a development of land nreatinn a cnheme of interests in real property defined as a
"^endorniniurn" ;n the an estate consisting of an undivided interest in common in real property, in an interest or
interests in real property, or in any combination thereof, together with a separate interest or interests in real
property, or in any combination thereof as defined in state code. A condominium may refer to an apartment,
townhouse or single household dwelling that meets these criteria, as well as commercial or other non-
residential properties.
17.08.04 CONDOMINIUM:
"Condominium" means
"GE)Rdam;n;,,m" OR the an estate consisting of an undivided interest in common in real property, in an interest or
interests in real property, or in any combination thereof, together with a separate interest or interests in real
property, or in any combination thereof as defined in state code. A condominium may refer to an apartment,
townhouse or single household dwelling that meets these criteria, as well as commercial or other non-
residential properties.