HomeMy WebLinkAboutItem #6 City Code UpdatesCHUBBUCK
IOAH0
Memo
Community Services Department
Planning Services Division
290 E Linden Ave, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Honorable Mayor and Chubbuck City Council
From: Don Matson, Planning Services Manager
Sean Harris, Development Service Manager
Date: April 12, 2022
Re: A proposal by City Staff to update several sections of City Code: Title 5.36, Sexually
Oriented Businesses, correlating definitions of sexually oriented business with Title 18,
Land Use; Title 16.12, Engineering Standards, correcting widths for standard streets;
Title 17.12, Platting Requirements and Procedures, changing review requirements from
calendar days to business days and removing requirements for reproducible mylar
copies of plats; Title 18.06 Land Use Definitions, changing Drive-in Establishment to
Drive-in / Drive-through Establishment and changing Sexually Oriented Business
references to Idaho Statues and adding a reference to City Code Title 5.36, Sexually
Oriented Businesses; Title 18.08.040 Land Uses by District, changing Drive-in restaurant
to Drive-in / drive-through establishment; Title 18.08.046 Off Street Parking
Requirements, reordering land uses by group; Chapter 18.12.030.E Supplemental
Controls for Particular Uses, changing Drive-in establishments to Drive-in / drive-
through establishments; 18.14 Landscaping, clarifying minimum area of landscape
strips along rights-of-way; 18.20.040 Procedure for Approval of a PUD, reducing public
hearing requirements to correspond with recently adopted changes in other sections
of code; and 18.20.070 PUD Development Standards, establishing Minimum Front Yard
Setbacks and re -ordering the waivers and adjustments for potential approval with a
PUD.
As conditions in the region and community have changed with new developments and other activities,
major and minor needs arose for alterations in City Code. While the summary of this proposal is lengthy,
the proposed changes are limited to minor updates and clarifications.
Following a public hearing on March 8, 2022 the Land Use and Development Commission unanimously
recommended approval of these changes. Attachments to this memo are separated between existing code
showing the changes proposed in strikeout/underline (Exhibit 1) and existing code texts (Exhibit 2) without
changes.
The proposed amendment in Attachment 1.d includes a formatting correction. On October 12, 2021 the
Land Use and Development Commission reviewed the changes proposed, which included an update to the
definition of a sexually oriented business in Section 18.08.290 as follows:
"A business which derives more than five percent (51/o) of its gross income from selling or renting
any of the materials described in Idaho Code sections 18-4101 or 18-15141 or which cells er rents
any of the material ,jos,-ribed ;n Idah., �„,�o �or+; ,n I R_4 I n_5 is classified as a sexually oriented
business per Title 5.36.030 of City code."
The text recommended by the LUDC on March 8, 2022 omitted the strikeout portion above. The correction,
which includes the struck portion, is contained in Attachment 1.d.
Attachments:
Proposed Amendments
a. Chapter 5.36 Sexually Oriented Businesses
b. Chapter 16.12 Engineering Standards
c. Chapter 17.12 Platting Requirements and Procedures
d. Chapter 18.06 Definitions
Chapter 18.08.040 Schedule of General Controls; Land Uses by Districts
f. Chapter 18.08.046 Schedule of General Controls; Off Street Parking
g. Chapter 18.12.030.E Supplemental Controls for Particular Uses; Drive-in Establishments
h. Chapter 18.14.020 Landscaping; Required Landscaping Adjacent to Public Rights of Way
Chapter 18.20.070 PUD Development Standards
2. Current Chapters
a. Chapter 5.36 Sexually Oriented Businesses
b. Chapter 16.12 Engineering Standards
c. Chapter 17.12 Platting Requirements and Procedures
d. Chapter 18.06 Definitions
Chapter 18.08.040 Schedule of General Controls; Land Uses by Districts
Chapter 18.08.046 Schedule of General Controls; Off Street Parking
g. Chapter 18.12.030.E Supplemental Controls for Particular Uses; Drive-in Establishments
h. Chapter 18.14.020 Landscaping; Required Landscaping Adjacent to Public Rights of Way
Chapter 18.20.070 PUD Development Standards
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
Updates to Municipal Code — Page 2
1 0 B H 0
ATTACHMENT 1.0
PROPOSED
AMMENDMENTS
Updates to Municipal Code — Page 3
ATTACHMENT LA
TITLE 5: BUSINESS LICENSES AND REGULATIONS
CHAPTER 5.36: SEXUALLY ORIENTED BUSINESSES
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
5.36.020 DEFINITIONS:
Words, terms and phrases in this chapter shall be defined as follows:
ADULT ARCADE: Any place to which the public is permitted or invited, wherein coin operated or
slug operated or electronically, electrically or mechanically controlled still or motion picture
machines, projectors or other image producing devices are regularly maintained to show images to
five (5) or fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by their emphasis upon matters exhibiting "specified sexual
activities" or "specified anatomical areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A commercial
establishment which has a significant or substantial portion of its stock in trade, or derives a
significant or substantial portion of its revenues or devotes a significant or substantial portion of its
interior business or advertising, or maintains a substantial section of its sales or display space for
the sale or rental, for any form of consideration, of any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures,
videocassettes, compact discs, slides or other visual representations, which are characterized by
their emphasis upon the exhibition or display of "specified sexual activities" or "specified
anatomical areas";
B. Instruments, devices or paraphernalia which are designed for use or marketed primarily for
stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which regularly
features:
A. Persons who appear seminude; or
B. Live performances which are characterized by the exposure of "specified anatomical areas" or
by "specified sexual activities"; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions which are
characterized by the exhibition or display of "specified sexual activities" or "specified anatomical
areas".
ADULT MOTEL: A hotel, motel or similar commercial establishment which:
A.Offers accommodations to the public for any form of consideration; provides patrons with closed
circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the exhibition or display of "specified sexual activities" or
"specified anatomical areas"; and has a sign visible from the public right of way which advertises
the availability of this adult type of photographic reproductions; and either:
1. Offers a sleeping room for rent for a period of time that is less than ten (10) hours, or
2. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is
less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of
consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas".
Updates to Municipal Code — Page 4
ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which
regularly features persons who appear nude or seminude, or live performances which are
characterized by the exposure of "specified anatomical areas" or "specified sexual activities".
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or principal theme of
the object referenced. For instance, when the phrase refers to films "which are distinguished or
characterized by an emphasis upon the exhibition or display of specified sexual activities or
specified anatomical areas", the films so described are those whose dominant or principal character
and theme are the exhibition or display of "specified anatomical areas" or "specified sexual
activities".
EMPLOYEE, EMPLOY AND EMPLOYMENT: Describe and pertain to any person who performs any
service on the premises of a sexually oriented business on a full time, part time or contract basis,
regardless of whether the person is denominated as an employee, independent contractor, agent or
by another status. Employee does not include a person exclusively on the premises for repair or
maintenance of the premises, or for the delivery of goods to the premises.
ENFORCEMENT OFFICER: The city chief of police, the chiefs designee or such person as may be
designated by the city council.
ESCORT: A person who, for consideration, and for another person, agrees or offers: a) to act as a
companion, guide or date, or b) to privately model lingerie, or c) to privately perform a striptease.
ESCORT AGENCY: A person or business association that, for a fee, tip or other consideration,
furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes.
ESTABLISH OR ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any
sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented
business; or
D. The relocation of any sexually oriented business.
LICENSEE: A person in whose name a license to operate a sexually oriented business has been
issued, as well as the individual listed as an applicant on the application for a license; and in the
case of an employee, a person in whose name a license has been issued authorizing employment in
a sexually oriented business.
NUDE, NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, pubic
area, vulva, anus or anal cleft with less than a fully opaque covering, the showing of the female
breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
OPERATE OR CAUSE TO BE OPERATED: To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually oriented business who is
authorized to exercise operational control of the business, or who causes to function or who puts or
keeps in operation, the business. A person may be found to be operating or causing to be operated a
sexually oriented business regardless of whether that person is an owner, part owner or licensee of
the business.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY FEATURES OR REGULARLY SHOWN: A consistent or substantial course of conduct,
such that the films or performances exhibited constitute a substantial portion of the films or
performances offered as part of the ongoing business of the sexually oriented business.
SEMINUDE MODEL STUDIO: A commercial establishment which regularly features a person (or
persons) who appears seminude and is provided to be observed, sketched, drawn, painted,
sculptured or photographed by other persons who pay money or any form of consideration, but
shall not include a proprietary school licensed by the state of Idaho or a college, junior college or
university supported entirely or in part by public taxation; a private college or university which
Updates to Municipal Code — Page 5
maintains and operates educational programs in which credits are transferable to a college, junior
college or university supported entirely or partly by taxation.
SEMINUDE OR IN A SEMINUDE CONDITION: The showing of the female breast below a horizontal
line across the top of the areola at its highest point or the showing of the male or female buttocks.
This definition shall include the entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt,
leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in
part.
SEXUAL ENCOUNTER CENTER: A business or commercial establishment that, as one of its principal
business purposes, offers for any form of consideration a place where two (2) or more persons may
congregate, associate or consort for the purposes of "specified sexual activities". The definition of
sexual encounter center or any sexually oriented businesses shall not include an establishment
where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by
the state engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency,
seminude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely
covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female
breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or
display of harmful material to a minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with a child; engaging in
organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a
child; distribution of a controlled substance; or any similar offenses to those described above under
the criminal or penal code of other states or countries;
B. For which:
1. Less than two (2) years have elapsed since the date of conviction or the date of release from
confinement imposed for the conviction, whichever is the later date, if the conviction is of a
misdemeanor offense;
2. Less than five (5) years have elapsed since the date of conviction or the date of release from
confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five (5) years have elapsed since the date of the last conviction or the date of
release from confinement for the last conviction, whichever is the later date, if the convictions are
of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring
within any twenty four (24) month period.
C. The fact that a conviction is being appealed shall have no effect on the disqualification of the
applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
A. The fondling of another person's genitals, pubic region, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation,
masturbation or sodomy; or
C. Excretory functions as part of, or in connection with, any of the activities set forth in
subsections A and B of this section.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The increase in floor areas
occupied by the business by more than twenty five percent (25%), as the floor areas exist on the
date this chapter takes effect.
Updates to Municipal Code — Page 6
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and
includes any of the following:
A. The sale, lease or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by
sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal devise which transfers the ownership of
the business, except for transfer by bequest or other operation of law upon the death of the person
possessing the ownership or control.
ZONE: That zone in title 18 of this code in which an awl a sexually oriented business may operate.
(Ord. 616, 2006)
SECTION:
5.36.130 LOCATION OF SEXUALLY ORIENTED BUSINESSES
A. A person commits a misdemeanor if that person operates or causes to be operated a sexually
oriented business in any zone other than one zoned for an "ate a "sexually oriented business" as
defined in title 18 of this code.
B. A person commits an offense if the person operates or causes to be operated a sexually
oriented business within two thousand five hundred feet (2,500') of:
1. A church, synagogue, mosque, temple or building which is used primarily for religious
worship and related religious activities;
2. A public or private educational facility, including, but not limited to, child daycare facilities,
nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate
schools, junior high schools, middle schools, high schools, vocational schools, secondary schools,
continuation schools, special education schools, junior colleges and universities. "School" includes
the school grounds, but does not include facilities used primarily for another purpose and only
incidentally as a school;
3. A public park or recreational area which has been designated for park or recreational
activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other
similar public land within the city which is under the control, operation or management of the city
park and recreation authorities;
4. An entertainment business which is oriented primarily towards children or family
entertainment; or
S. Any premises licensed pursuant to the alcoholic beverage control regulations of the state.
C. A person commits a misdemeanor if that person causes or permits the operation,
establishment, substantial enlargement or transfer of ownership or control of a sexually oriented
business within one thousand feet (1,000') of another sexually oriented business.
D. A person commits a misdemeanor if that person causes or permits the operation,
establishment or maintenance of more than one sexually oriented business in the same building,
structure or portion thereof, or the increase of floor area of any sexually oriented business in any
building, structure or portion thereof containing another sexually oriented business.
E. For the purpose of subsection B of this section, measurement shall be made in a straight line,
without regard to the intervening structures or objects, from the nearest portion of the building or
structure used as the part of the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a use listed in subsection B of this section. The presence of
a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating
and applying the distance requirements of this section.
Updates to Municipal Code — Page 7
F. For purposes of subsection C of this section, the distance between any two (2) sexually
oriented businesses shall be measured in a straight line, without regard to the intervening
structures or objects or political boundaries, from the closest exterior wall of the structure in which
each business is located.
G. Any sexually oriented business lawfully operating on June 1, 2006, that is in violation of
subsections A through F of this section shall be deemed a nonconforming use. The nonconforming
use will be permitted to continue for a period not to exceed one year, unless sooner terminated for
any reason or voluntarily discontinued for a period of thirty (30) days or more. Such
nonconforming uses shall not be increased, enlarged, extended or altered except that the use may
be changed to a conforming use. If two (2) or more sexually oriented businesses are within one
thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented
business which was first established and continually operating at a particular location is the
conforming use and the later established business(es) is(are) nonconforming.
H. A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
business license, of a use listed in subsection B of this section within two thousand feet (2,000') of
the sexually oriented business. This provision applies only to the renewal of a valid license and does
not apply when an application is made for a license after the applicant's previous license has
expired or been revoked. (Ord. 616, 2006)
Updates to Municipal Code — Page 8
ATTACHMENT LB
TITLE 16: LAND IMPROVEMENT STANDARDS
CHAPTER 16.12: ENGINEERING STANDARDS - I. GENERAL STANDARDS
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
16.12.020 STREETS
A. The arrangements, character, extent, width, grade and location of all streets shall conform to
the comprehensive plan and, if adopted, the master street map, shall integrate harmoniously with
existing and planned streets, shall be appropriate to topographical conditions, shall enhance the
public convenience and safety and shall facilitate the proposed uses of the land to be served by such
streets.
B. Local residential streets shall be designed to discourage their use by through traffic. Where a
development abuts or contains an existing or proposed arterial street, railroad or limited access
highway, the city may require frontage streets, reverse frontage streets, or such other treatment for
the appropriate use of the tract.
C. There shall be provided rights of way of such width and as provided in the comprehensive
plan; provided, however, that the width of said rights of way shall in no case be less than the
following:
Type of Street
Right of Way
Width
Standard Back
to Back
Swale Section
Curb to Curb
Major arterial
100 feet
80 feet
-
100 feet
-
72 feet
Minor arterial
80 feet
70 feet
-
80 feet
-
62 feet
Collector
66 feet
Al €eet 56 feet
-
66 feet
-
48 feet
Local
50 feet
40 feet
-
55 feet
-
37 feet
Types of streets within a development shall be determined by the city consistent with the
comprehensive plan, developments that were in process prior to August 1, 2005, and, if adopted,
the master street map.
D. Cul-de-sac streets shall terminate in a circular turnaround with the right of way radius of at
least fifty five feet (55'). The city may approve an equally convenient form of turning space where
conditions justify. The maximum length of a cul-de-sac street shall not exceed one thousand feet
(1,000') from the entrance to the center of the turnaround based upon a design standard of having
not more than thirty (30) single-family residential units. In making this determination, the use of
the property, density of such use, accessibility to fire hydrants, alternate methods of accessing the
property in an emergency, topography, width of the street, and anticipated volume of traffic and
other such factors as determined by the city to be relevant shall be considered. Cul-de-sac streets in
a commercial development with moderate to high traffic flow shall generally be shorter than those
in a residential development with low traffic flow.
E. Dead end streets will not be approved except in locations designated by the city as necessary
to future extensions in development of adjacent lands. In any case, a dead end street serving more
than four (4) lots shall provide by easement a temporary turning circle with a forty foot (40') radius
or other acceptable design to accomplish adequate access.
Updates to Municipal Code — Page 9
F. Temporary dead end streets created by phased development shall not serve more than ninety
(90) residential units without a permanent secondary access.
G. Streets shall be planned to intersect as nearly as possible at right angles, but in no event at less
than seventy degrees (70°). Streets intersecting an arterial shall do so at a ninety degree (90°)
angle.
H. Where any street deflects at an angle of ten degrees (10°) or more, a connection curve shall be
required having a minimum centerline radius of three hundred feet (300') for arterial and collector
streets and one hundred twenty five feet (125') for local streets.
I. Streets with centerline offsets of less than one hundred twenty five feet (125') shall be avoided.
J. A tangent at least one hundred feet (100') long shall be provided between reverse curves on
arterial and collector streets.
K. At street intersections, property line corners shall be rounded by a circular arc, said arc having
a minimum tangent length of twenty feet (20').
L. Street intersections with more than four (4) legs and Y type intersections where legs meet at
acute angles shall be avoided. "T" intersections, rather than "cross" intersections, shall be utilized to
the maximum extent possible in residential developments.
M. Maximum and minimum grades for all streets shall be as determined by the city.
N. Alleys, twenty feet (20'), when single-family residence units abut both sides; twenty four feet
(24') if abutting multiple- family, commercial, or industrial districts. Dead end alleys shall be
avoided.
0. Streets shall be extended to the boundary lines of the development, unless prevented by
topography or other physical conditions or unless the city determines that such extension is not
desirable for coordination of the development with the existing layout or the most advantageous
future development of adjacent tracts. However, streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential
residential areas, or connected to streets intended for predominantly residential traffic.
P. Excessively long, straight local streets in residential areas, conducive to high speed traffic, shall
be prohibited according to the determination of the city. Traffic calming techniques may be used as
approved by the city.
Q. Pedestrian walks on both sides of a street, within the street right of way, together with
concrete curbs and gutters approved by the city, and paved vehicular traffic area, shall be required
on all streets in a proposed development.
R. Access to streets shall conform to the "standard approach policy" promulgated by the division
of highways, state department of transportation.
S. Any areas in the street right of way or the adjacent area between the street and the owner's or
developer's property line that is not able to be landscaped shall be covered with sidewalk or other
such similar treatment so as to preserve the area for future expansion of the street or for utility
usage but which will minimize the ongoing maintenance and be aesthetically acceptable. (Ord. 754,
2016)
Updates to Municipal Code — Page 10
ATTACHMENT 1.0
TITLE 17: LAND DEVELOPMENT
CHAPTER 17.12: PLATTING REQUIREMENTS AND PROCEDURES
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
II. PRELIMINARY PLAT PHASE
17.12.080 PLAT OR REQUEST FOR WAIVER TO BE REVIEWED
A. Upon receipt of the preliminary plat application or request for waiver ("application"), the
Public Works Director shall perform a completeness review within five (5) business days from
official receipt of the application and applicable fees.
B. If the Public Works Director determines that the application is incomplete, the applicant will
be notified regarding what is needed to complete the application. If an incomplete application is
returned more than two (2) times, additional application fees may be required.
C. Once it is determined that the application is complete, the application materials will be
reviewed by City staff for technical compliance with applicable Code provisions and notify the
applicant of any deficiencies prior to the application being scheduled for review by the Land Use
and Development Commission at a scheduled meeting.
D. Once it is determined that the application is complete, the Public Works Director will place a
sign (or signs) on the subject tract to provide notice to the public of the proposed subdivision.
E. Pursuant to section 67-6521, Idaho Code, any affected person may, if no public hearing has
been held, petition the commission in writing to hold a public hearing. Unless the same section of
Idaho Code requires that a public hearing be held, the decision as to whether or not to hold a
hearing shall be at the discretion of the Chair of the commission after discussing the petition with
the City's legal counsel and the Public Works Director. In those instances where a hearing is held,
notice shall be given pursuant to requirements of Idaho Code 67-6512.
As a requirement for consideration and action, any written petition by an affected person shall be
submitted to the Public Works Director not less than seven (7) calendar days prior to the
commission meeting in which the application will be reviewed in order for the petition to be
considered. Any petition not submitted in a timely manner shall be barred from consideration.
Petitions shall include the names and addresses of the petitioners and a narrative describing the
petitioners's concerns with the application as they specifically pertain to the preliminary plat
review criteria as found in subsection 17.12.100B of this chapter and describing how the proposal
affects their interests.
F. Representatives from the following City departments and affected agencies shall be given the
opportunity to review the plat and to provide comments:
1. City staff shall review the preliminary plat for the following:
a. Basic street plans such as proposed right-of-way width, curb, gutter and sidewalk location
and width, and planter strips.
b. Basic public utility plan.
c. The proposed subdivision does not impede the future extension of streets and/or utilities to
adjacent lands or recreational access to public lands.
d. Grading and drainage control measures sufficient to demonstrate treatment and disposal
methods and location.
e. Sewage disposal.
f. Culinary and irrigation water supply.
g. New streets and traffic impacts on existing roadways.
h. Review of environmental impacts including, but not limited to, erosion and storm drainage.
i. Consistency with applicable Zoning and Development Codes.
Updates to Municipal Code — Page 11
j. Preliminary consideration, if improvements and/or land are to be held in common
ownership, of covenants and an association for the maintenance of said commonly held
improvements and/or land.
2. City Legal Department shall review applicable legal issues.
3. The City Fire Department shall review existing and proposed hydrant placement, fire
apparatus access routes, design and location of required turnaround area(s) for developments.
Additionally construction standards for structures will be reviewed with applicable building permit
applications.
4. Southeast Idaho Public Health for an opportunity to review on- site water and sewage
disposal, if applicable.
5. School District 25 officials for an opportunity to review for impacts to school facilities.
6. Idaho Transportation Department for an opportunity to review when the land abuts a State
controlled roadway, for review of right-of-way, access drives, and intersection design.
7. Affected public utility providers.
8. United States Post Office.
9. Bannock Transportation Planning Organization for an opportunity to review for
conformance to vehicle, bicycle, and pedestrian plans.
10. Any other agencies or groups deemed appropriate by the Public Works Director.
G. The reviewing representatives/departments shall have ten (10) calendar business days from
the date that notice is provided to transmit their recommendations in writing to the Public Works
Director. If no written comments are submitted by the required date, it shall be noted for
commission review that there are no City or agency concerns given to the City regarding the
proposed subdivision.
H. Following the end of the ten (10) day review and comment period, if the Public Works
Director determines that changes are needed, the Public Works Director shall notify the applicant of
such needs. If the applicant decides to make the changes, a corrected submission must be received
and reviewed for conformance at least ten (10) calendar days prior to the commission meeting at
which the application will be reviewed. If the applicant determines to not make the requested
changes, the Public Works Director shall proceed with the process and the applicant shall be
notified that failure to make the changes may result in a recommendation for denial.
I. The Public Works Director will prepare a written report for the Land Use and Development
Commission. The report will contain an evaluation of compliance with applicable ordinance
provisions along with all comments resulting from the preliminary plat review process. (Ord. 773,
2018)
SECTION:
IV. FINAL PLAT PHASE
17.12.260 COPIES AND ORIGINAL TO BE FILED
After the approved final plat has been recorded, ^ OdHeible OFiginal mylar- eapy and an
electronic document in PDF format of the recorded instrument, bearing all certificates required as
set forth in section 17.12.320 of this chapter, together with an approved digital drawing format
with coordinate system based on City of Chubbuck grid coordinate system, shall be filed with the
Public Works Director.
Updates to Municipal Code — Page 12
ATTACHMENT 1.D
TITLE 18: LAND USE
CHAPTER 18.06: DEFINITIONS
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
18.06.100 DRIVE-IN / DRIVE-THROUGH ESTABLISHMENT
A business location designed to allow provisions of goods or services to customers who remain in
or on vehicles. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)
SECTION:
18.06.290 SEXUALLY ORIENTED BUSINESS
A business which derives more than five percent (5%) of its gross income from selling or renting
any of the materials described in Idaho Code sections 18-4101 or 18-1514, or ..,i,;c-h c^"c ^r r^^*c
any f the M -At,,, -;.,l a„ -ser -i bad in ra.,he r„a„ Seetien 1-8-411-0- _q is classified as asexually oriented
business per Title 5.36.030 of City code. (Ord. 822, 2021)
Updates to Municipal Code — Page 13
ATTACHMENT LE
TITLE 18: LAND USE
CHAPTER 18.08: LAND USE DISTRICTS AND GENERAL CONTROLS
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
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
Agricultural/natural resources:
Agricultural (except livestock)
P
P
P
P
P
P
P
P
Agricultural feed and seed store
X
X
X
X
X
X
P
P
Asphalt plant
X
X
X
X
X
X
X
X
Concrete batch plant
X
X
X
X
X
X
X
C
Livestock
P
P
P
P
P
C
C
C
Riding stable or school
P
X
X
C
C
X
C
C
Wood processing plant
X
X
X
X
X
X
C
C
Arts, entertainment, tourism, recreation:
Amusement centers
X
X
X
X
X
C
P
C
Aquatic/activity/recreation center
X
X
X
X
X
C
P
C
Art gallery
X
X
X
X
X
C
P
C
Dance, music or voice studio
X
X
X
X
X
C
P
P
Exercise salon
X
X
X
X
X
P
P
C
Golf course
C
C
C
C
C
C
C
C
Martial arts instruction
X
X
X
X
X
C
P
C
Museum
X
X
X
X
X
C
P
C
Civic services:
Cemetery
C
C
C
C
C
C
C
C
Church
C
C
C
C
C
C
C
C
Government facility
C
C
C
C
C
C
C
C
Newspaper, printing and publishing
X
X
X
X
X
C
P
P
Publishing
X
X
X
X
X
C
C
P
School
C
C
C
C
C
C
C
C
TV studio, radio station
X
X
X
X
X
C
P
P
Commercial Retail:
Automotive parts store
X
X
X
X
X
C
P
P
Automotive sales
X
X
X
X
X
C
P
P
Bakery goods store
X
X
X
X
X
C
P
P
Bookstore
X
X
X
X
X
C
P
C
Convenience store
C
X
X
X
X
C
P
C
Department store
X
X
X
X
X
X
P
C
Drive-in FestawFaM / drive-through establishment
X
X
X
X
X
C
P
P
Equipment rental and sales yard
X
X
X
X
X
X
P
P
Greenhouse
X
X
X
X
X
X
P
P
Grocery store
X
X
X
X
X
C
P
C
Hobby store and crafts
X
X
X
X
X
C
P
P
Industrial and agricultural equipment sales and supply
X
X
X
X
X
X
P
P
Pet shop and supplies
X
X
X
X
X
C
P
P
Production building sales
X
X
X
X
X
X
P
P
Recreational vehicle sales, service and supply
X
X
X
X
X
X
P
P
Restaurant
X
X
X
X
X
C
P
P
Retail stores and services
X
X
X
X
X
C
P
C
Roadside stand
P
X
X
X
X
C
C
C
Sexually oriented business
X
X
X
X
X
X
X
C
Tire shop, including recapping
X
X
X
X
X
X
P
P
Updates to Municipal Code — Page 14
Yard and garden sales and services
X
X
X
X
X
C
P
I P
Commercial services:
Animal care site
C
X
X
X
X
X
C
P
Auction service
X
X
X
X
X
X
P
P
Car wash
X
X
X
X
X
X
P
P
Cleaning, laundry shop
X
X
X
X
X
C
P
P
Exterminating company
X
X
X
X
X
X
P
P
Hotel
X
X
X
X
X
X
P
C
Kennel commercial
C
X
X
X
X
X
C
C
Kennel hobby
P
P
P
P
P
P
P
P
Motel
X
X
X
X
C
X
P
P
Office professional (<10,000 square feet)
X
X
X
X
X
P
P
C
Office professional (>10,000 square feet)
X
X
X
X
X
C
P
P
Photographic studio
X
X
X
X
X
P
P
P
Printing
X
X
X
X
X
C
P
P
Service station
X
X
X
X
X
C
P
P
Wedding chapels, services
X
X
X
X
X
C
P
C
Health and human services:
Barber/beauty shop
X
X
X
X
X
C
P
C
Bathhouse, sauna, mineral
X
X
X
X
X
X
C
C
Childcare center
C
C
C
C
C
P
P
P
Funeral home
X
X
X
C
C
C
P
C
Hospital
C
C
C
C
C
C
C
C
Lab, medical, dental or optical
X
X
X
X
X
C
P
C
Nursing home
C
C
C
C
C
C
C
C
Shelter home
C
X
C
C
C
C
C
C
Industrial/manufacturing:
Battery manufacture
X
X
X
X
X
X
X
C
Beverage bottling plant
X
X
X
X
X
X
C
P
Cement or clay products manufacture
X
X
X
X
X
X
X
C
Chemical storage and manufacture
X
X
X
X
X
X
X
C
Contractor shop and yard
X
X
X
X
X
X
P
P
Food processing plant
X
X
X
X
X
X
X
C
Furniture/cabinet shop
X
X
X
X
X
X
P
P
Ice and dry ice manufacturing
X
X
X
X
X
X
P
P
Laboratory research
X
X
X
X
X
C
C
P
Machine shop
X
X
X
X
X
X
C
P
Manufacturing heavy
X
X
X
X
X
X
X
C
Manufacturing light
X
X
X
X
X
X
C
P
Meat packing plant
X
X
X
X
X
X
X
C
Public utility yard
X
X
X
X
X
X
C
P
Railroad yard site
X
X
X
X
X
X
C
P
Recycling center
X
X
X
X
X
X
C
C
Rendering plant
X
X
X
X
X
X
X
X
Well drilling
X
X
X
X
X
X
C
P
Residential:
Home occupation major
P1
Pl
Pl
Pl
Pl
X
X
X
Home occupation minor
P1
Pi
Pl
Pl
Pl
X
X
X
Production buildings (for other uses allowed):
Class I
P
P
P
P
C
C
C
C
Class II
C
P
P
P
C
C
C
C
Class III (outside production buildings cluster
arrangements)
X
X
X
X
X
X
X
X
Class III (within production buildings cluster
arrangements)
P
X
X
P
P
X
X
X
Residential dwellings (subject to density restrictions):
Single household dwelling
P
P
P
P
C
C
C
X
Duplex
C
X
C
P
P
C
C
X
Threeplex
X
X
X
P
P
C
C
C
Updates to Municipal Code — Page 15
Fourplex
X
X
X
P
P
C
C
C
Apartment building
X
X
X
X
P
C
C
C
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
Warehouse and storage:
Commercial laundry service
X
X
X
X
X
X
P
P
Feed manufacture and storage
X
X
X
X
X
X
X
C
Frozen food locker
X
X
X
X
X
X
P
P
Fuel yard
X
X
X
X
X
X
X
C
Grain storage
X
X
X
X
X
X
X
P
Moving and storage company
X
X
X
X
X
X
C
P
Nonresidential production building (for uses allowed)
P
P
P
P
P
P
P
P
Parking lot, garage or facility
X
X
X
X
X
X
P
P
Production building cluster arrangement
C
X
X
C
C
X
X
X
Salvage site
X
X
X
X
X
X
X
X
Sanitary landfill
C
X
X
X
X
X
X
C
Self service storage facility
C
X
X
X
C
C
C
P
Site buildings (for uses otherwise allowed)
P
P
P
P
P
P
P
P
Terminal yard, trucking
X
X
X
X
X
X
C
P
Vehicle storage site
X
X
X
X
X
X
C
C
Warehousing, wholesaling
X
X
X
X
X
X
C
P
Notes:
A temporary deviation from this schedule may be permitted by the Design Review Committee for a period not exceeding 36
months.
1. Permitted unless objections by any person as set forth in section 18.12.032 of this title, in which case the matter is treated
as a conditional use permit.
2. Permitted unless objections by any person as set forth in section 18.10.070 of this title, in which case the matter is treated
as a conditional use permit.
3. The schedule for R-2 shall apply to an R -2P Zone.
(Ord. 798, 2019; amd. Ord. 822, 2021; Ord. 823, 2021)
Updates to Municipal Code — Page 16
ATTACHMENT LF
TITLE 18: LAND USE
CHAPTER 18.08.046: SCHEDULE OF GENERAL CONTROLS;
OFF STREET PARKING
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION: 18.08.040.046. OFF STREET PARKING
TYPE OF USE
PARKING SPACE REQUIRED
COMMERCIAL:
Banks, financial institutions and similar uses
1 for each 200 square feet of floor area
Dining rooms, restaurants, taverns,
nightclubs, etc.
1 for each 100 square feet of floor area
Funeral parlors, mortuaries and similar type
uses
1 for each 100 square feet of floor area in slumber rooms,
plus 1 space for each 2 employees
Hotels and motels
1 for each sleeping room, plus 1 space for each 2
employees
Offices, public or professional administration
1 for each 200 square feet of floor area
or service buildings
Retail stores
1 for each 250 square feet of floor area
Vehicle repair sites
1 for each 2 gasoline pumps and 2 for each service bay
All other types of business or commercial
1 for each 200 square feet of floor area
uses permitted in any business district
INSTITUTIONAL:
Churches and other places of religious
assembly
1 for each 5 seats
Hospitals
1 for each bed plus 1 for each 3 employees
Libraries, museums and art galleries
1 for each 400 square feet of floor area
Medical and dental clinics
1 for each 200 square feet of floor area of examination,
treating room, office and waiting room
Sanatoriums, homes for aged, nursing homes,
children homes, asylums and similar uses
1 for each 2 beds
MANUFACTURING:
All types of manufacturing, storage and
wholesale uses permitted in any
manufacturing district
1 for every 2 employees (on the largest shift for which the
building is designed) and 1 for each motor vehicle used by
the business
Express, parcel deliver and freight terminal
1 for every 2 employees (on the largest shift for which the
building is designed) and 1 for each motor vehicle
maintained on the premises
RECREATIONAL OR ENTERTAINMENT:
Auditoriums, sports arenas, theaters, and
similar uses
1 for each 4 seats
..
Banki A -A -a....:-.1 I..-stit..ti en --s and sikar .
!1!1 1 far each 9 s e feet of flee. aren
Bowling alleys
2 for each alley or lane plus 2 additional spaces for each
100 square feet of area used for restaurant, cocktail
lounge or similar use
Dance floors, skating rinks
2 for each 100 square feet of floor area used for the
activity
Dining Fooms, estauFants taye Fns
ightelubs et..
7 fe. each 1-09 s e feet of floor area
Updates to Municipal Code — Page 17
TYPE OF USE
PARKING SPACE REQUIRED
offile!I ..wb!*! a mfe!lRai adMisistratise
1 fe! earl. 2-00 ! e feet of flee.
Outdoor swimming pools, public or
community or club
1 for each 5 persons' capacity, plus 1 for each 4 seats or 1
for each 30 square feet of floor area used for seating
purposes whichever is greater
De+-.11 l+e.-e!
each 799 square feet of flee. -.
Fea
All e-the. types of busiRe!! .. al
...itted i aRy bUSiRe!! distpk4
1 fe. earl 90V1 ! e feet of flee! aFen
RESIDENTIAL:
2 for each household
SCHOOLS:
Business, technical and trade schools
1 for each 2 students
Colleges, universities
1 for each 4 students, 1 for each 3 employees and parking
for visitors calculated as 25 percent of the total for
students and employees
Elementary and junior high schools
2 for each classroom and 1 for every 5 seats in auditoriums
or assembly halls
High Schools
1 for every 10 students and 1 for each teacher and
employee
Kindergartens, childcare centers, nursery
schools and similar uses
2 for each classroom, but not less than 6 for the building
A. In the interpretation of this section, the following shall govern:
1. Parking spaces for other permitted or conditional uses not listed in this subsection shall be
determined by the city council.
2. Fractional numbers shall be increased to the next whole number.
3. Where for any reason parking demand is unusually high or low, then the parking space
provisions cited above may be adjusted proportionately by the council without the necessity of a
variance.
4. Paved surfaces must be provided for all off street parking and such surfaces must be
maintained, kept clean and have striping designating the parking area. Such parking spaces and the
striping shall comply with acceptable parking lot design and with all appropriate laws including the
Americans with disabilities act.
S. A paved driveway shall connect the public right of way or other road providing access to the
property and the required off street parking.
6. Two (2) or more adjacent or contiguous (other than residential) users of off street parking
subject to this section may petition for a conditional use permit to decrease the total number of
required parking spaces on the basis that the users have entered into a joint use agreement for
parking. In reviewing this conditional use permit, in addition to the requirements set forth in
section 18.28.040 of this title, the following factors shall be considered:
a. Whether the uses of the property and the suggested number of parking places by the
applicant will be compatible as to type of use or hours of use resulting in an actual reduction in the
number of parking spaces needed.
b. Whether the reduced number of parking spaces is offset by other desirable amenities such
as increased landscaping or common area or reduced need for on site stormwater retention due to
decreased hard surface parking area.
c. Such other factors as applicant or the reviewing body may deem appropriate given the
proposed use of the land and location of the land with respect to other development. (Ord. 755,
2016)
Updates to Municipal Code — Page 18
ATTACHMENT 1.G
TITLE 18: LAND USE
CHAPTER 18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES
E. Drive -In / Drive-through Establishments: Drive-in / drive-through establishments shall:
1. Be enclosed on the property line with maintained landscaping and fencing, except for
ingress and egress, to prevent trash from moving onto other properties.
2. Have a minimum six foot (6') high, solid fence along the property lines that adjoin
residential property or residentially zoned areas.
3. Provide for adequate trash receptacles.
4. Avoid the direction of night lighting toward any residence.
Updates to Municipal Code — Page 19
ATTACHMENT LH
TITLE 18: LAND USE
CHAPTER 18.14: LANDSCAPING
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
18.14.020: LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFF STREET
PARKING AND OTHER VEHICULAR USE AREAS:
All areas used for the display or parking of any and all types of vehicles, boats or construction
equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon
which vehicles traverse the property as a function of the primary use of such property, hereinafter
referred to as "other vehicle uses", including, but not limited to, activities of a drive-in nature such
as filling stations, grocery and dairy stores, banks, restaurants and the like, shall conform to the
minimum landscaping requirements hereinafter provided, save and except areas used for parking
or other vehicular uses within buildings, and parking areas serving single household dwellings and
duplexes.
A. Installation: All landscaping shall be installed in a sound workmanlike manner and according
to accepted planting procedures with the quality of plant materials as hereinafter described. All
elements of landscaping shall be installed so as to meet all other applicable ordinances and code
requirements. The city building official, or his representative, shall inspect all landscaping and no
certificates of occupancy or similar authorization will be issued unless the landscaping meets the
requirements herein provided.
B. Maintenance: The owner, tenant and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. Landscaping shall be maintained in good
condition so as to present a live, healthy, neat and orderly appearance and shall be kept free from
weeds, refuse and debris. All landscaped areas, except those utilizing nonliving durable material,
shall be provided with a readily available water supply with an automated water conserving (or
water efficient) delivery system designed to maximize the benefit of water without waste. All dead
trees and shrubs shall be removed and replaced no later than June 30 of the following growing
season.
C. Plant Material:
1. Quality: Plant material used to obtain compliance with this chapter shall be of a high quality
equivalent to that provided by local reputable nurseries.
2. Trees: Trees shall be species having an average mature spread of crown of greater than
fifteen feet (15'). Trees shall be not less than one to one and one-half inch (11/2") caliper size at
time of planting; provided, all trees must be planted and staked, if necessary, according to
professional nursery standards. No tree or plant which may cause damage to public roadways or
sidewalks or which is regarded as a "trash" tree or plant shall be planted. A list of accepted tree,
shrub, and ground cover species shall be maintained by the city building official for review by the
public. Any other tree, shrub or ground cover species may be planted only upon prior approval
from the city building official.
3. Hedges: Shrubs composing hedges shall be a minimum of two feet (2') in height when
measured immediately after planting. Hedges, where required, shall be planted and maintained so
as to form a continuous, unbroken, solid, visual screen within a maximum of three (3) years after
time of planting.
4. Shrubs: Shrubs shall be not less than a three (3) gallon size when planted.
D. Required Landscaping Adjacent To Public Rights Of Way: On the site of a building or open lot
use providing an off street parking area or other vehicular use area, where such area will not be
entirely screened visually by an intervening building or structure from any abutting right of way,
excluding dedicated alleys, there shall be provided landscaping between such area and such right of
way, as follows:
Updates to Municipal Code — Page 20
1. A strip of land at least ten feet (10') in depth located between the abutting right of way and
the off street parking area, other vehicular use area or structure and which is exposed to an
abutting right of way shall be landscaped, such landscaping to include one tree for each fifty (50)
linear feet or fraction thereof. Such trees shall be located between the abutting right of way and the
off street parking area, other vehicular use area or structure and shall be planted in a planting area
of at least twenty five (2[' one hundred (100) square feet with a dimension of at least ten feet (10')
on each side. The required landscaping shall also include a hedge or a planting of at least one shrub
for each five (5) linear feet of the landscaped area. The remainder of the required landscaped area
shall be landscaped with grass, ground cover, or other landscape treatment, excluding paving.
2. All property other than the required landscaped strip lying between the right of way and off
street parking area or other vehicular use area shall be landscaped.
3. Necessary accessways from the public right of way through all such landscaping shall be
permitted to service the parking or other vehicular use areas and such accessways may be
subtracted from the linear dimension used to determine the number of trees and shrubs required.
4. If landscaping is required under this section, the owner, in addition to the landscaping
required by the above provisions, shall landscape any areas within the street right of way that is
contiguous with owner's property line and not covered by pavement, curb, gutter, sidewalk or
other such improvements that cover the soil in such a way that planting is not feasible.
E. Parking Area Interior Landscaping: Off street parking areas and other vehicular use areas shall
have interior landscaping covering at least five percent (5%) of the total parking lot area for lots
with ten (10) or more parking spaces. In addition, other vehicle use areas shall have one square foot
of interior landscaping for each one hundred (100) square feet of paved area. Where the property
contains both parking areas and other vehicle use areas, the two (2) types of areas shall be treated
separately for the purpose of determining the required amount of landscaping. Each separate
landscaped area shall contain a minimum of fifty (50) square feet and shall have a minimum
dimension of at least five feet (5'). The landscaped areas may be located so as to break up the
expanse of paving or may be located adjacent to any structures located on the property. One tree
shall be planted for every two hundred (200) square feet of interior landscaping. All remaining land
in the area designated for landscaping shall be covered by shrubs, ground cover or other authorized
landscaping material not to exceed three feet (3') in height. Plans showing location, size and type of
plant materials for landscaping in parking areas shall be included in all applications for a building
permit or design review clearance and compliance with this chapter shall be a condition to the
issuance of such a permit or clearance.
F. Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of Access: When
an accessway intersects a public right of way or when the subject property abuts the intersection of
two (2) or more public rights of way, all landscaping within the triangular areas described below
shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10');
provided, however, trees or foliage extending into the cross visibility area shall be allowed,
provided, they are so located so as not to create a traffic hazard. Landscaping except required grass
or ground cover shall not be located closer than three feet (3') from the edge of any accessway
pavement. The triangular areas above referred to are:
1. The areas of property on both sides of an accessway formed by the intersection of each side
of the accessway and the public right of way line with two (2) sides of each triangle being fifteen
feet (15') in length from the point of intersection of the edge of roadway and accessway and the
third side being a line connecting the ends of the two (2) other sides.
2. The area of property located at a corner formed by the intersection of two (2) or more public
rights of way with two (2) sides of the triangular area being forty feet (40') in length along the
abutting public right of way lines, measured from their point of intersection of the edge of roadway,
and the third side being a line connecting the ends of the other two (2) lines. (Ord. 755, 2016)
Updates to Municipal Code — Page 21
ATTACHMENT 1.I
TITLE 18: LAND USE
CHAPTER 18.20: PLANNED UNIT DEVELOPMENTS
(AS RECOMMENDED BY LUDC 3/8/2022)
SECTION:
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. Different setbacks maybe proposed as part of the MDP. See additional requirements on
setbacks and perimeter guidance in Subsection B below.
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 Front Yard Setback*
25'
15'
10'
10'
10'
10'
Minimum Rear Yard Setback from Perimeter
20'
15'
10'
10'
0'
0'
Minimum Side Yard Setback from Perimeter
5
10'
10'
10'
0
0'
* Residential setbacks between interior edge of sidewalks and garages shall not be less than twenty
feet (20').
B. Setback:
1. Standard setback requirements listed in Subsection A above or Section 18.08.042 A of this
Title shall not apply to structures on the interior of the project, but setbacks shall follow the
approved MDP for the site and adopted building codes. The MDP shall also guide front yard
setbacks.
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 or zoning districts 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. 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 an industrial
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 and MDP. Modifications to
other zoning and subdivision standards will be determined by the Commission and Council on a
case by case basis.
Updates to Municipal Code — Page 22
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 within 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 thirty-three percent (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.
1. Minimum Open Space: A minimum often 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.
2. 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.
3. 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:
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
Updates to Municipal Code — Page 23
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 storm water 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 three (3) or more residential units per building) and a minimum of fifty percent
(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 six (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 six (6) feet, but greater
widths maybe 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 18.20.070.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.
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 maybe 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. (Ord. 825, 2021)
Updates to Municipal Code — Page 24
ATTACHMENT 2.0
CURRENT
CHAPTERS
Updates to Municipal Code — Page 25
ATTACHMENT 2A
TITLE 5: BUSINESS LICENSES AND REGULATIONS
CHAPTER 5.36: SEXUALLY ORIENTED BUSINESSES
(CURRENT CITY CODE)
SECTION:
5.36.020 DEFINITIONS:
Words, terms and phrases in this chapter shall be defined as follows:
ADULT ARCADE: Any place to which the public is permitted or invited, wherein coin operated or
slug operated or electronically, electrically or mechanically controlled still or motion picture
machines, projectors or other image producing devices are regularly maintained to show images to
five (5) or fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by their emphasis upon matters exhibiting "specified sexual
activities" or "specified anatomical areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A commercial
establishment which has a significant or substantial portion of its stock in trade, or derives a
significant or substantial portion of its revenues or devotes a significant or substantial portion of its
interior business or advertising, or maintains a substantial section of its sales or display space for
the sale or rental, for any form of consideration, of any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures,
videocassettes, compact discs, slides or other visual representations, which are characterized by
their emphasis upon the exhibition or display of "specified sexual activities" or "specified
anatomical areas";
B. Instruments, devices or paraphernalia which are designed for use or marketed primarily for
stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which regularly
features:
A. Persons who appear seminude; or
B. Live performances which are characterized by the exposure of "specified anatomical areas" or
by "specified sexual activities"; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions which are
characterized by the exhibition or display of "specified sexual activities" or "specified anatomical
areas".
ADULT MOTEL: A hotel, motel or similar commercial establishment which:
A.Offers accommodations to the public for any form of consideration; provides patrons with closed
circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the exhibition or display of "specified sexual activities" or
"specified anatomical areas"; and has a sign visible from the public right of way which advertises
the availability of this adult type of photographic reproductions; and either:
1. Offers a sleeping room for rent for a period of time that is less than ten (10) hours, or
2. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is
less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of
consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas".
Updates to Municipal Code — Page 26
ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which
regularly features persons who appear nude or seminude, or live performances which are
characterized by the exposure of "specified anatomical areas" or "specified sexual activities".
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or principal theme of
the object referenced. For instance, when the phrase refers to films "which are distinguished or
characterized by an emphasis upon the exhibition or display of specified sexual activities or
specified anatomical areas", the films so described are those whose dominant or principal character
and theme are the exhibition or display of "specified anatomical areas" or "specified sexual
activities".
EMPLOYEE, EMPLOY AND EMPLOYMENT: Describe and pertain to any person who performs any
service on the premises of a sexually oriented business on a full time, part time or contract basis,
regardless of whether the person is denominated as an employee, independent contractor, agent or
by another status. Employee does not include a person exclusively on the premises for repair or
maintenance of the premises, or for the delivery of goods to the premises.
ENFORCEMENT OFFICER: The city chief of police, the chiefs designee or such person as may be
designated by the city council.
ESCORT: A person who, for consideration, and for another person, agrees or offers: a) to act as a
companion, guide or date, or b) to privately model lingerie, or c) to privately perform a striptease.
ESCORT AGENCY: A person or business association that, for a fee, tip or other consideration,
furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes.
ESTABLISH OR ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any
sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented
business; or
D. The relocation of any sexually oriented business.
LICENSEE: A person in whose name a license to operate a sexually oriented business has been
issued, as well as the individual listed as an applicant on the application for a license; and in the
case of an employee, a person in whose name a license has been issued authorizing employment in
a sexually oriented business.
NUDE, NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, pubic
area, vulva, anus or anal cleft with less than a fully opaque covering, the showing of the female
breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
OPERATE OR CAUSE TO BE OPERATED: To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually oriented business who is
authorized to exercise operational control of the business, or who causes to function or who puts or
keeps in operation, the business. A person may be found to be operating or causing to be operated a
sexually oriented business regardless of whether that person is an owner, part owner or licensee of
the business.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY FEATURES OR REGULARLY SHOWN: A consistent or substantial course of conduct,
such that the films or performances exhibited constitute a substantial portion of the films or
performances offered as part of the ongoing business of the sexually oriented business.
SEMINUDE MODEL STUDIO: A commercial establishment which regularly features a person (or
persons) who appears seminude and is provided to be observed, sketched, drawn, painted,
sculptured or photographed by other persons who pay money or any form of consideration, but
shall not include a proprietary school licensed by the state of Idaho or a college, junior college or
university supported entirely or in part by public taxation; a private college or university which
Updates to Municipal Code — Page 27
maintains and operates educational programs in which credits are transferable to a college, junior
college or university supported entirely or partly by taxation.
SEMINUDE OR IN A SEMINUDE CONDITION: The showing of the female breast below a horizontal
line across the top of the areola at its highest point or the showing of the male or female buttocks.
This definition shall include the entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt,
leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in
part.
SEXUAL ENCOUNTER CENTER: A business or commercial establishment that, as one of its principal
business purposes, offers for any form of consideration a place where two (2) or more persons may
congregate, associate or consort for the purposes of "specified sexual activities". The definition of
sexual encounter center or any sexually oriented businesses shall not include an establishment
where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by
the state engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency,
seminude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely
covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female
breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or
display of harmful material to a minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with a child; engaging in
organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a
child; distribution of a controlled substance; or any similar offenses to those described above under
the criminal or penal code of other states or countries;
B. For which:
1. Less than two (2) years have elapsed since the date of conviction or the date of release from
confinement imposed for the conviction, whichever is the later date, if the conviction is of a
misdemeanor offense;
2. Less than five (5) years have elapsed since the date of conviction or the date of release from
confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five (5) years have elapsed since the date of the last conviction or the date of
release from confinement for the last conviction, whichever is the later date, if the convictions are
of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring
within any twenty four (24) month period.
C. The fact that a conviction is being appealed shall have no effect on the disqualification of the
applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
A. The fondling of another person's genitals, pubic region, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation,
masturbation or sodomy; or
C. Excretory functions as part of, or in connection with, any of the activities set forth in
subsections A and B of this section.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The increase in floor areas
occupied by the business by more than twenty five percent (25%), as the floor areas exist on the
date this chapter takes effect.
Updates to Municipal Code — Page 28
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and
includes any of the following:
A. The sale, lease or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by
sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal devise which transfers the ownership of
the business, except for transfer by bequest or other operation of law upon the death of the person
possessing the ownership or control.
ZONE: That zone in title 18 of this code in which an adult business may operate. (Ord. 616, 2006)
SECTION:
5.36.130 LOCATION OF SEXUALLY ORIENTED BUSINESSES
A. A person commits a misdemeanor if that person operates or causes to be operated a sexually
oriented business in any zone other than one zoned for an "adult business" as defined in title 18 of
this code.
B. A person commits an offense if the person operates or causes to be operated a sexually
oriented business within two thousand five hundred feet (2,500') of:
1. A church, synagogue, mosque, temple or building which is used primarily for religious
worship and related religious activities;
2. A public or private educational facility, including, but not limited to, child daycare facilities,
nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate
schools, junior high schools, middle schools, high schools, vocational schools, secondary schools,
continuation schools, special education schools, junior colleges and universities. "School" includes
the school grounds, but does not include facilities used primarily for another purpose and only
incidentally as a school;
3. A public park or recreational area which has been designated for park or recreational
activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other
similar public land within the city which is under the control, operation or management of the city
park and recreation authorities;
4. An entertainment business which is oriented primarily towards children or family
entertainment; or
S. Any premises licensed pursuant to the alcoholic beverage control regulations of the state.
C. A person commits a misdemeanor if that person causes or permits the operation,
establishment, substantial enlargement or transfer of ownership or control of a sexually oriented
business within one thousand feet (1,000') of another sexually oriented business.
D. A person commits a misdemeanor if that person causes or permits the operation,
establishment or maintenance of more than one sexually oriented business in the same building,
structure or portion thereof, or the increase of floor area of any sexually oriented business in any
building, structure or portion thereof containing another sexually oriented business.
E. For the purpose of subsection B of this section, measurement shall be made in a straight line,
without regard to the intervening structures or objects, from the nearest portion of the building or
structure used as the part of the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a use listed in subsection B of this section. The presence of
a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating
and applying the distance requirements of this section.
Updates to Municipal Code — Page 29
F. For purposes of subsection C of this section, the distance between any two (2) sexually
oriented businesses shall be measured in a straight line, without regard to the intervening
structures or objects or political boundaries, from the closest exterior wall of the structure in which
each business is located.
G. Any sexually oriented business lawfully operating on June 1, 2006, that is in violation of
subsections A through F of this section shall be deemed a nonconforming use. The nonconforming
use will be permitted to continue for a period not to exceed one year, unless sooner terminated for
any reason or voluntarily discontinued for a period of thirty (30) days or more. Such
nonconforming uses shall not be increased, enlarged, extended or altered except that the use may
be changed to a conforming use. If two (2) or more sexually oriented businesses are within one
thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented
business which was first established and continually operating at a particular location is the
conforming use and the later established business(es) is(are) nonconforming.
H. A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
business license, of a use listed in subsection B of this section within two thousand feet (2,000') of
the sexually oriented business. This provision applies only to the renewal of a valid license and does
not apply when an application is made for a license after the applicant's previous license has
expired or been revoked. (Ord. 616, 2006)
Updates to Municipal Code — Page 30
ATTACHMENT 2.B
TITLE 16: LAND IMPROVEMENT STANDARDS
CHAPTER 16.12: ENGINEERING STANDARDS — I. GENERAL STANDARDS
(CURRENT CITY CODE)
SECTION:
16.12.020 STREETS
A. The arrangements, character, extent, width, grade and location of all streets shall conform to
the comprehensive plan and, if adopted, the master street map, shall integrate harmoniously with
existing and planned streets, shall be appropriate to topographical conditions, shall enhance the
public convenience and safety and shall facilitate the proposed uses of the land to be served by such
streets.
B. Local residential streets shall be designed to discourage their use by through traffic. Where a
development abuts or contains an existing or proposed arterial street, railroad or limited access
highway, the city may require frontage streets, reverse frontage streets, or such other treatment for
the appropriate use of the tract.
C. There shall be provided rights of way of such width and as provided in the comprehensive
plan; provided, however, that the width of said rights of way shall in no case be less than the
following:
Type of Street
Right of Way
Width
Standard Back
to Back
Swale Section
Curb to Curb
Major arterial
100 feet
80 feet
-
100 feet
-
72 feet
Minor arterial
80 feet
70 feet
-
80 feet
-
62 feet
Collector
66 feet
61 feet
-
66 feet
-
48 feet
Local
50 feet
40 feet
-
55 feet
-
37 feet
Types of streets within a development shall be determined by the city consistent with the
comprehensive plan, developments that were in process prior to August 1, 2005, and, if adopted,
the master street map.
D. Cul-de-sac streets shall terminate in a circular turnaround with the right of way radius of at
least fifty five feet (55'). The city may approve an equally convenient form of turning space where
conditions justify. The maximum length of a cul-de-sac street shall not exceed one thousand feet
(1,000') from the entrance to the center of the turnaround based upon a design standard of having
not more than thirty (30) single-family residential units. In making this determination, the use of
the property, density of such use, accessibility to fire hydrants, alternate methods of accessing the
property in an emergency, topography, width of the street, and anticipated volume of traffic and
other such factors as determined by the city to be relevant shall be considered. Cul-de-sac streets in
a commercial development with moderate to high traffic flow shall generally be shorter than those
in a residential development with low traffic flow.
E. Dead end streets will not be approved except in locations designated by the city as necessary
to future extensions in development of adjacent lands. In any case, a dead end street serving more
than four (4) lots shall provide by easement a temporary turning circle with a forty foot (40') radius
or other acceptable design to accomplish adequate access.
Updates to Municipal Code — Page 31
F. Temporary dead end streets created by phased development shall not serve more than ninety
(90) residential units without a permanent secondary access.
G. Streets shall be planned to intersect as nearly as possible at right angles, but in no event at less
than seventy degrees (70°). Streets intersecting an arterial shall do so at a ninety degree (90°)
angle.
H. Where any street deflects at an angle of ten degrees (10°) or more, a connection curve shall be
required having a minimum centerline radius of three hundred feet (300') for arterial and collector
streets and one hundred twenty five feet (125') for local streets.
I. Streets with centerline offsets of less than one hundred twenty five feet (125') shall be avoided.
J. A tangent at least one hundred feet (100') long shall be provided between reverse curves on
arterial and collector streets.
K. At street intersections, property line corners shall be rounded by a circular arc, said arc having
a minimum tangent length of twenty feet (20').
L. Street intersections with more than four (4) legs and Y type intersections where legs meet at
acute angles shall be avoided. "T" intersections, rather than "cross" intersections, shall be utilized to
the maximum extent possible in residential developments.
M. Maximum and minimum grades for all streets shall be as determined by the city.
N. Alleys, twenty feet (20'), when single-family residence units abut both sides; twenty four feet
(24') if abutting multiple- family, commercial, or industrial districts. Dead end alleys shall be
avoided.
0. Streets shall be extended to the boundary lines of the development, unless prevented by
topography or other physical conditions or unless the city determines that such extension is not
desirable for coordination of the development with the existing layout or the most advantageous
future development of adjacent tracts. However, streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential
residential areas, or connected to streets intended for predominantly residential traffic.
P. Excessively long, straight local streets in residential areas, conducive to high speed traffic, shall
be prohibited according to the determination of the city. Traffic calming techniques may be used as
approved by the city.
Q. Pedestrian walks on both sides of a street, within the street right of way, together with
concrete curbs and gutters approved by the city, and paved vehicular traffic area, shall be required
on all streets in a proposed development.
R. Access to streets shall conform to the "standard approach policy" promulgated by the division
of highways, state department of transportation.
S. Any areas in the street right of way or the adjacent area between the street and the owner's or
developer's property line that is not able to be landscaped shall be covered with sidewalk or other
such similar treatment so as to preserve the area for future expansion of the street or for utility
usage but which will minimize the ongoing maintenance and be aesthetically acceptable. (Ord. 754,
2016)
Updates to Municipal Code — Page 32
ATTACHMENT 2.0
TITLE 17: LAND DEVELOPMENT
CHAPTER 17.12: PLATTING REQUIREMENTS AND PROCEDURES
(CURRENT CITY CODE)
SECTION:
II. PRELIMINARY PLAT PHASE
17.12.080 PLAT OR REQUEST FOR WAIVER TO BE REVIEWED
A. Upon receipt of the preliminary plat application or request for waiver ("application"), the
Public Works Director shall perform a completeness review within five (5) business days from
official receipt of the application and applicable fees.
B. If the Public Works Director determines that the application is incomplete, the applicant will
be notified regarding what is needed to complete the application. If an incomplete application is
returned more than two (2) times, additional application fees may be required.
C. Once it is determined that the application is complete, the application materials will be
reviewed by City staff for technical compliance with applicable Code provisions and notify the
applicant of any deficiencies prior to the application being scheduled for review by the Land Use
and Development Commission at a scheduled meeting.
D. Once it is determined that the application is complete, the Public Works Director will place a
sign (or signs) on the subject tract to provide notice to the public of the proposed subdivision.
E. Pursuant to section 67-6521, Idaho Code, any affected person may, if no public hearing has
been held, petition the commission in writing to hold a public hearing. Unless the same section of
Idaho Code requires that a public hearing be held, the decision as to whether or not to hold a
hearing shall be at the discretion of the Chair of the commission after discussing the petition with
the City's legal counsel and the Public Works Director. In those instances where a hearing is held,
notice shall be given pursuant to requirements of Idaho Code 67-6512.
As a requirement for consideration and action, any written petition by an affected person shall be
submitted to the Public Works Director not less than seven (7) calendar days prior to the
commission meeting in which the application will be reviewed in order for the petition to be
considered. Any petition not submitted in a timely manner shall be barred from consideration.
Petitions shall include the names and addresses of the petitioners and a narrative describing the
petitioners's concerns with the application as they specifically pertain to the preliminary plat
review criteria as found in subsection 17.12.100B of this chapter and describing how the proposal
affects their interests.
F. Representatives from the following City departments and affected agencies shall be given the
opportunity to review the plat and to provide comments:
1. City staff shall review the preliminary plat for the following:
a. Basic street plans such as proposed right-of-way width, curb, gutter and sidewalk location
and width, and planter strips.
b. Basic public utility plan.
c. The proposed subdivision does not impede the future extension of streets and/or utilities to
adjacent lands or recreational access to public lands.
d. Grading and drainage control measures sufficient to demonstrate treatment and disposal
methods and location.
e. Sewage disposal.
f. Culinary and irrigation water supply.
g. New streets and traffic impacts on existing roadways.
h. Review of environmental impacts including, but not limited to, erosion and storm drainage.
Updates to Municipal Code — Page 33
i. Consistency with applicable Zoning and Development Codes.
j. Preliminary consideration, if improvements and/or land are to be held in common
ownership, of covenants and an association for the maintenance of said commonly held
improvements and/or land.
2. City Legal Department shall review applicable legal issues.
3. The City Fire Department shall review existing and proposed hydrant placement, fire
apparatus access routes, design and location of required turnaround area(s) for developments.
Additionally construction standards for structures will be reviewed with applicable building permit
applications.
4. Southeast Idaho Public Health for an opportunity to review on- site water and sewage
disposal, if applicable.
S. School District 25 officials for an opportunity to review for impacts to school facilities.
6. Idaho Transportation Department for an opportunity to review when the land abuts a State
controlled roadway, for review of right-of-way, access drives, and intersection design.
7. Affected public utility providers.
8. United States Post Office.
9. Bannock Transportation Planning Organization for an opportunity to review for
conformance to vehicle, bicycle, and pedestrian plans.
10. Any other agencies or groups deemed appropriate by the Public Works Director.
G. The reviewing representatives/ departments shall have ten (10) calendar days from the date
that notice is provided to transmit their recommendations in writing to the Public Works Director.
If no written comments are submitted by the required date, it shall be noted for commission review
that there are no City or agency concerns given to the City regarding the proposed subdivision.
H. Following the end of the ten (10) day review and comment period, if the Public Works
Director determines that changes are needed, the Public Works Director shall notify the applicant of
such needs. If the applicant decides to make the changes, a corrected submission must be received
and reviewed for conformance at least ten (10) calendar days prior to the commission meeting at
which the application will be reviewed. If the applicant determines to not make the requested
changes, the Public Works Director shall proceed with the process and the applicant shall be
notified that failure to make the changes may result in a recommendation for denial.
I. The Public Works Director will prepare a written report for the Land Use and Development
Commission. The report will contain an evaluation of compliance with applicable ordinance
provisions along with all comments resulting from the preliminary plat review process. (Ord. 773,
2018)
SECTION:
IV. FINAL PLAT PHASE
17.12.260 COPIES AND ORIGINAL TO BE FILED
After the approved final plat has been recorded, a reproducible original mylar copy and an
electronic document in PDF format of the recorded instrument, bearing all certificates required as
set forth in section 17.12.320 of this chapter, together with an approved digital drawing format
with coordinate system based on City of Chubbuck grid coordinate system, shall be filed with the
Public Works Director.
Updates to Municipal Code — Page 34
ATTACHMENT 2.D
TITLE 18: LAND USE
CHAPTER 18.06: DEFINITIONS
(CURRENT CITY CODE)
SECTION:
18.06.100 DRIVE-IN ESTABLISHMENT
A business location designed to allow provisions of goods or services to customers who remain in
or on vehicles. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)
SECTION:
18.06.290 SEXUALLY ORIENTED BUSINESS
A business which derives more than five percent (5%) of its gross income from selling or renting
any of the materials described in Idaho Code section 18-1514 or which sells or rents any of the
material described in Idaho Code section 18-4105. (Ord. 822, 2021)
Updates to Municipal Code — Page 35
F.110RAT" MeIu1DILINI SAP
TITLE 18: LAND USE
CHAPTER 18.08: LAND USE DISTRICTS AND GENERAL CONTROLS
(CURRENT CITY CODE)
SECTION:
18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS —
COMMERCIAL RETAIL
Land Uses
Land Use Districts
A R-1 R-2 R-3 R-4 C-1 C-2
I
Agricultural/natural resources:
Agricultural (except livestock)
P
P
P
P
P
P
P
P
Agricultural feed and seed store
X
X
X
X
X
X
P
P
Asphalt plant
X
X
X
X
X
X
X
X
Concrete batch plant
X
X
X
X
X
X
X
C
Livestock
P
P
P
P
P
C
C
C
Riding stable or school
P
X
X
C
C
X
C
C
Wood processing plant
X
X
X
X
X
X
C
C
Arts, entertainment, tourism, recreation:
Amusement centers
X
X
X
X
X
C
P
C
Aquatic/activity/recreation center
X
X
X
X
X
C
P
C
Art gallery
X
X
X
X
X
C
P
C
Dance, music or voice studio
X
X
X
X
X
C
P
P
Exercise salon
X
X
X
X
X
P
P
C
Golf course
C
C
C
C
C
C
C
C
Martial arts instruction
X
X
X
X
X
C
P
C
Museum
X
X
X
X
X
C
P
C
Civic services:
Cemetery
C
C
C
C
C
C
C
C
Church
C
C
C
C
C
C
C
C
Government facility
C
C
C
C
C
C
C
C
Newspaper, printing and publishing
X
X
X
X
X
C
P
P
Publishing
X
X
X
X
X
C
C
P
School
C
C
C
C
C
C
C
C
TV studio, radio station
X
X
X
X
X
C
P
P
Commercial Retail:
Automotive parts store
X
X
X
X
X
C
P
P
Automotive sales
X
X
X
X
X
C
P
P
Bakery goods store
X
X
X
X
X
C
P
P
Bookstore
X
X
X
X
X
C
P
C
Convenience store
C
X
X
X
X
C
P
C
Department store
X
X
X
X
X
X
P
C
Drive-in restaurant
X
X
X
X
X
C
P
P
Equipment rental and sales yard
X
X
X
X
X
X
P
P
Greenhouse
X
X
X
X
X
X
P
P
Grocery store
X
X
X
X
X
C
P
C
Hobby store and crafts
X
X
X
X
X
C
P
P
Industrial and agricultural equipment sales and supply
X
X
X
X
X
X
P
P
Pet shop and supplies
X
X
X
X
X
C
P
P
Production building sales
X
X
X
X
X
X
P
P
Recreational vehicle sales, service and supply
X
X
X
X
X
X
P
P
Restaurant
X
X
X
X
X
C
P
P
Retail stores and services
X
X
X
X
X
C
P
C
Roadside stand
P
X
X
X
X
C
C
C
Updates to Municipal Code — Page 36
Sexually oriented business
X
X
X
X
X
X
X
C
Tire shop, including recapping
X
X
X
X
X
X
P
P
Yard and garden sales and services
X
X
X
X
X
C
P
P
Commercial services:
Animal care site
C
X
X
X
X
X
C
P
Auction service
X
X
X
X
X
X
P
P
Car wash
X
X
X
X
X
X
P
P
Cleaning, laundry shop
X
X
X
X
X
C
P
P
Exterminating company
X
X
X
X
X
X
P
P
Hotel
X
X
X
X
X
X
P
C
Kennel commercial
C
X
X
X
X
X
C
C
Kennel hobby
P
P
P
P
P
P
P
P
Motel
X
X
X
X
C
X
P
P
Office professional (<10,000 square feet)
X
X
X
X
X
P
P
C
Office professional (>10,000 square feet)
X
X
X
X
X
C
P
P
Photographic studio
X
X
X
X
X
P
P
P
Printing
X
X
X
X
X
C
P
P
Service station
X
X
X
X
X
C
P
P
Wedding chapels, services
X
X
X
X
X
C
P
C
Health and human services:
Barber/beauty shop
X
X
X
X
X
C
P
C
Bathhouse, sauna, mineral
X
X
X
X
X
X
C
C
Childcare center
C
C
C
C
C
P
P
P
Funeral home
X
X
X
C
C
C
P
C
Hospital
C
C
C
C
C
C
C
C
Lab, medical, dental or optical
X
X
X
X
X
C
P
C
Nursing home
C
C
C
C
C
C
C
C
Shelter home
C
X
C
C
C
C
C
C
Industrial/manufacturing:
Battery manufacture
X
X
X
X
X
X
X
C
Beverage bottling plant
X
X
X
X
X
X
C
P
Cement or clay products manufacture
X
X
X
X
X
X
X
C
Chemical storage and manufacture
X
X
X
X
X
X
X
C
Contractor shop and yard
X
X
X
X
X
X
P
P
Food processing plant
X
X
X
X
X
X
X
C
Furniture/cabinet shop
X
X
X
X
X
X
P
P
Ice and dry ice manufacturing
X
X
X
X
X
X
P
P
Laboratory research
X
X
X
X
X
C
C
P
Machine shop
X
X
X
X
X
X
C
P
Manufacturing heavy
X
X
X
X
X
X
X
C
Manufacturing light
X
X
X
X
X
X
C
P
Meat packing plant
X
X
X
X
X
X
X
C
Public utility yard
X
X
X
X
X
X
C
P
Railroad yard site
X
X
X
X
X
X
C
P
Recycling center
X
X
X
X
X
X
C
C
Rendering plant
X
X
X
X
X
X
X
X
Well drilling
X
X
X
X
X
X
C
P
Residential:
1
Home occupation major
P1
P1
P1
P1
P1
X
X
X
Home occupation minor
Pi
Pi
P1
Pi
Pi
X
X
X
Production buildings (for other uses allowed):
Class I
P
P
P
P
C
C
C
C
Class 11
C
P
P
P
C
C
C
C
Class III (outside production buildings cluster
arrangements)
X
X
X
X
X
X
X
X
Class III (within production buildings cluster
arrangements)
P
X
X
P
P
X
X
X
Residential dwellings (subject to density restrictions):
Single household dwelling
P
P
P
P
C
C
C
X
Updates to Municipal Code — Page 37
Duplex
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
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
Warehouse and storage:
Commercial laundry service
X
X
X
X
X
X
P
P
Feed manufacture and storage
X
X
X
X
X
X
X
C
Frozen food locker
X
X
X
X
X
X
P
P
Fuel yard
X
X
X
X
X
X
X
C
Grain storage
X
X
X
X
X
X
X
P
Moving and storage company
X
X
X
X
X
X
C
P
Nonresidential production building (for uses allowed)
P
P
P
P
P
P
P
P
Parking lot, garage or facility
X
X
X
X
X
X
P
P
Production building cluster arrangement
C
X
X
C
C
X
X
X
Salvage site
X
X
X
X
X
X
X
X
Sanitary landfill
C
X
X
X
X
X
X
C
Self service storage facility
C
X
X
X
C
C
C
P
Site buildings (for uses otherwise allowed)
P
P
P
P
P
P
P
P
Terminal yard, trucking
X
X
X
X
X
X
C
P
Vehicle storage site
X
X
X
X
X
X
C
C
Warehousing, wholesaling
X
X
X
X
X
X
C
P
Notes:
A temporary deviation from this schedule may be permitted by the Design Review Committee for a period not exceeding 36
months.
1. Permitted unless objections by any person as set forth in section 18.12.032 of this title, in which case the matter is treated
as a conditional use permit.
2. Permitted unless objections by any person as set forth in section 18.10.070 of this title, in which case the matter is treated
as a conditional use permit.
3. The schedule for R-2 shall apply to an R -2P Zone.
(Ord. 798, 2019; amd. Ord. 822, 2021; Ord. 823, 2021)
Updates to Municipal Code — Page 38
ATTACHMENT 2.F
TITLE 18: LAND USE
CHAPTER 18.08.046: SCHEDULE OF GENERAL CONTROLS;
OFF STREET PARKING
(CURRENT CITY CODE)
SECTION:
18.08.040.046. OFF STREET PARKING
TYPE OF USE
PARKING SPACE REQUIRED
COMMERCIAL:
Funeral parlors, mortuaries and similar type
1 for each 100 square feet of floor area in slumber rooms,
uses
plus 1 space for each 2 employees
Hotels and motels
1 for each sleeping room, plus 1 space for each 2
employees
Vehicle repair sites
1 for each 2 gasoline pumps and 2 for each service bay
INSTITUTIONAL:
Churches and other places of religious
1 for each 5 seats
assembly
Hospitals
1 for each bed plus 1 for each 3 employees
Libraries, museums and art galleries
1 for each 400 square feet of floor area
Medical and dental clinics
1 for each 200 square feet of floor area of examination,
treating room, office and waiting room
Sanatoriums, homes for aged, nursing homes,
1 for each 2 beds
children homes, asylums and similar uses
MANUFACTURING:
All types of manufacturing, storage and
1 for every 2 employees (on the largest shift for which the
wholesale uses permitted in any
building is designed) and 1 for each motor vehicle used by
manufacturing district
the business
Express, parcel deliver and freight terminal
1 for every 2 employees (on the largest shift for which the
building is designed) and 1 for each motor vehicle
maintained on the premises
RECREATIONAL OR ENTERTAINMENT:
Auditoriums, sports arenas, theaters, and
1 for each 4 seats
similar uses
Banks, financial institutions and similar uses
1 for each 200 square feet of floor area
Bowling alleys
2 for each alley or lane plus 2 additional spaces for each
100 square feet of area used for restaurant, cocktail
lounge or similar use
Dance floors, skating rinks
2 for each 100 square feet of floor area used for the
activity
Dining rooms, restaurants, taverns,
1 for each 100 square feet of floor area
nightclubs, etc.
Offices, public or professional administration
1 for each 200 square feet of floor area
or service buildings
Updates to Municipal Code — Page 39
TYPE OF USE
PARKING SPACE REQUIRED
Outdoor swimming pools, public or
1 for each 5 persons' capacity, plus 1 for each 4 seats or 1
community or club
for each 30 square feet of floor area used for seating
purposes whichever is greater
Retail stores
1 for each 250 square feet of floor area
All other types of business or commercial uses
1 for each 200 square feet of floor area
permitted in any business district
RESIDENTIAL:
2 for each household
SCHOOLS:
Business, technical and trade schools
1 for each 2 students
Colleges, universities
1 for each 4 students, 1 for each 3 employees and parking
for visitors calculated as 25 percent of the total for
students and employees
Elementary and junior high schools
2 for each classroom and 1 for every 5 seats in auditoriums
or assembly halls
High Schools
1 for every 10 students and 1 for each teacher and
employee
Kindergartens, childcare centers, nursery
2 for each classroom, but not less than 6 for the building
schools and similar uses
A. In the interpretation of this section, the following shall govern:
1. Parking spaces for other permitted or conditional uses not listed in this subsection shall be
determined by the city council.
2. Fractional numbers shall be increased to the next whole number.
3. Where for any reason parking demand is unusually high or low, then the parking space
provisions cited above may be adjusted proportionately by the council without the necessity of a
variance.
4. Paved surfaces must be provided for all off street parking and such surfaces must be
maintained, kept clean and have striping designating the parking area. Such parking spaces and the
striping shall comply with acceptable parking lot design and with all appropriate laws including the
Americans with disabilities act.
5. A paved driveway shall connect the public right of way or other road providing access to the
property and the required off street parking.
6. Two (2) or more adjacent or contiguous (other than residential) users of off street parking
subject to this section may petition for a conditional use permit to decrease the total number of
required parking spaces on the basis that the users have entered into a joint use agreement for
parking. In reviewing this conditional use permit, in addition to the requirements set forth in
section 18.28.040 of this title, the following factors shall be considered:
a. Whether the uses of the property and the suggested number of parking places by the
applicant will be compatible as to type of use or hours of use resulting in an actual reduction in the
number of parking spaces needed.
b. Whether the reduced number of parking spaces is offset by other desirable amenities such
as increased landscaping or common area or reduced need for on site stormwater retention due to
decreased hard surface parking area.
c. Such other factors as applicant or the reviewing body may deem appropriate given the
proposed use of the land and location of the land with respect to other development. (Ord. 755,
2016)
Updates to Municipal Code — Page 40
ATTACHMENT 2.G
TITLE 18: LAND USE
CHAPTER 18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES
(CURRENT CITY CODE)
SECTION:
18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES
E. DRIVE-IN ESTABLISHMENTS: DRIVE-IN ESTABLISHMENTS SHALL:
1. Be enclosed on the property line with maintained landscaping and fencing, except for
ingress and egress, to prevent trash from moving onto other properties.
2. Have a minimum six foot (6') high, solid fence along the property lines that adjoin
residential property or residentially zoned areas.
3. Provide for adequate trash receptacles.
4. Avoid the direction of night lighting toward any residence.
Updates to Municipal Code — Page 41
ATTACHMENT 2.H
TITLE 18: LAND USE
CHAPTER 18.14: LANDSCAPING
(CURRENT CITY CODE)
SECTION:
18.14.020: LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFF STREET
PARKING AND OTHER VEHICULAR USE AREAS:
All areas used for the display or parking of any and all types of vehicles, boats or construction
equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon
which vehicles traverse the property as a function of the primary use of such property, hereinafter
referred to as "other vehicle uses", including, but not limited to, activities of a drive-in nature such
as filling stations, grocery and dairy stores, banks, restaurants and the like, shall conform to the
minimum landscaping requirements hereinafter provided, save and except areas used for parking
or other vehicular uses within buildings, and parking areas serving single household dwellings and
duplexes.
A. Installation: All landscaping shall be installed in a sound workmanlike manner and according
to accepted planting procedures with the quality of plant materials as hereinafter described. All
elements of landscaping shall be installed so as to meet all other applicable ordinances and code
requirements. The city building official, or his representative, shall inspect all landscaping and no
certificates of occupancy or similar authorization will be issued unless the landscaping meets the
requirements herein provided.
B. Maintenance: The owner, tenant and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. Landscaping shall be maintained in good
condition so as to present a live, healthy, neat and orderly appearance and shall be kept free from
weeds, refuse and debris. All landscaped areas, except those utilizing nonliving durable material,
shall be provided with a readily available water supply with an automated water conserving (or
water efficient) delivery system designed to maximize the benefit of water without waste. All dead
trees and shrubs shall be removed and replaced no later than June 30 of the following growing
season.
C. Plant Material:
1. Quality: Plant material used to obtain compliance with this chapter shall be of a high quality
equivalent to that provided by local reputable nurseries.
2. Trees: Trees shall be species having an average mature spread of crown of greater than
fifteen feet (15'). Trees shall be not less than one to one and one-half inch (11/2") caliper size at
time of planting; provided, all trees must be planted and staked, if necessary, according to
professional nursery standards. No tree or plant which may cause damage to public roadways or
sidewalks or which is regarded as a "trash" tree or plant shall be planted. A list of accepted tree,
shrub, and ground cover species shall be maintained by the city building official for review by the
public. Any other tree, shrub or ground cover species may be planted only upon prior approval
from the city building official.
3. Hedges: Shrubs composing hedges shall be a minimum of two feet (2') in height when
measured immediately after planting. Hedges, where required, shall be planted and maintained so
as to form a continuous, unbroken, solid, visual screen within a maximum of three (3) years after
time of planting.
4. Shrubs: Shrubs shall be not less than a three (3) gallon size when planted.
D. Required Landscaping Adjacent To Public Rights Of Way: On the site of a building or open lot
use providing an off street parking area or other vehicular use area, where such area will not be
entirely screened visually by an intervening building or structure from any abutting right of way,
excluding dedicated alleys, there shall be provided landscaping between such area and such right of
way, as follows:
Updates to Municipal Code — Page 42
1. A strip of land at least ten feet (10') in depth located between the abutting right of way and
the off street parking area, other vehicular use area or structure and which is exposed to an
abutting right of way shall be landscaped, such landscaping to include one tree for each fifty (50)
linear feet or fraction thereof. Such trees shall be located between the abutting right of way and the
off street parking area, other vehicular use area or structure and shall be planted in a planting area
of at least twenty five (25) square feet with a dimension of at least ten feet (10'). The required
landscaping shall also include a hedge or a planting of at least one shrub for each five (5) linear feet
of the landscaped area. The remainder of the required landscaped area shall be landscaped with
grass, ground cover, or other landscape treatment, excluding paving.
2. All property other than the required landscaped strip lying between the right of way and off
street parking area or other vehicular use area shall be landscaped.
3. Necessary accessways from the public right of way through all such landscaping shall be
permitted to service the parking or other vehicular use areas and such accessways may be
subtracted from the linear dimension used to determine the number of trees and shrubs required.
4. If landscaping is required under this section, the owner, in addition to the landscaping
required by the above provisions, shall landscape any areas within the street right of way that is
contiguous with owner's property line and not covered by pavement, curb, gutter, sidewalk or
other such improvements that cover the soil in such a way that planting is not feasible.
E. Parking Area Interior Landscaping: Off street parking areas and other vehicular use areas shall
have interior landscaping covering at least five percent (5%) of the total parking lot area for lots
with ten (10) or more parking spaces. In addition, other vehicle use areas shall have one square foot
of interior landscaping for each one hundred (100) square feet of paved area. Where the property
contains both parking areas and other vehicle use areas, the two (2) types of areas shall be treated
separately for the purpose of determining the required amount of landscaping. Each separate
landscaped area shall contain a minimum of fifty (50) square feet and shall have a minimum
dimension of at least five feet (5'). The landscaped areas may be located so as to break up the
expanse of paving or may be located adjacent to any structures located on the property. One tree
shall be planted for every two hundred (200) square feet of interior landscaping. All remaining land
in the area designated for landscaping shall be covered by shrubs, ground cover or other authorized
landscaping material not to exceed three feet (3') in height. Plans showing location, size and type of
plant materials for landscaping in parking areas shall be included in all applications for a building
permit or design review clearance and compliance with this chapter shall be a condition to the
issuance of such a permit or clearance.
F. Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of Access: When
an accessway intersects a public right of way or when the subject property abuts the intersection of
two (2) or more public rights of way, all landscaping within the triangular areas described below
shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10');
provided, however, trees or foliage extending into the cross visibility area shall be allowed,
provided, they are so located so as not to create a traffic hazard. Landscaping except required grass
or ground cover shall not be located closer than three feet (3') from the edge of any accessway
pavement. The triangular areas above referred to are:
1. The areas of property on both sides of an accessway formed by the intersection of each side
of the accessway and the public right of way line with two (2) sides of each triangle being fifteen
feet (15') in length from the point of intersection of the edge of roadway and accessway and the
third side being a line connecting the ends of the two (2) other sides.
2. The area of property located at a corner formed by the intersection of two (2) or more public
rights of way with two (2) sides of the triangular area being forty feet (40') in length along the
abutting public right of way lines, measured from their point of intersection of the edge of roadway,
and the third side being a line connecting the ends of the other two (2) lines. (Ord. 755, 2016)
Updates to Municipal Code — Page 43
ATTACHMENT 2.I
TITLE 18: LAND USE
CHAPTER 18.20: PLANNED UNIT DEVELOPMENTS
(CURRENT CITY CODE)
SECTION:
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. Different setbacks maybe proposed as part of the MDP. See additional requirements on
setbacks and perimeter guidance in Subsection B below.
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 Rear Yard Setback from Perimeter
20'
15'
10'
10'
0'
0'
Minimum Side Yard Setback from Perimeter
5
10'
10'
10'
0
0'
B. Setback:
1. Standard setback requirements listed in Subsection A above or Section 18.08.042 A of this
Title shall not apply to structures on the interior of the project, but setbacks shall follow the
approved MDP for the site and adopted building codes. The MDP shall also guide front yard
setbacks.
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 or zoning districts 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. 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 an industrial
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 and MDP. Modifications to
other zoning and subdivision standards will be determined by the Commission and Council on a
case by case basis.
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
Updates to Municipal Code — Page 44
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 within 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 thirty-three percent (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.
1. 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.
2. 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.
3. 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:
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 storm water retention
is permitted in common areas.
Updates to Municipal Code — Page 45
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 three (3) or more residential units per building) and a minimum of fifty percent
(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 six (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.
S. 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 six (6) feet, but greater
widths maybe 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 18.20.070.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.
4. Provision for a neighborhood park or other public open space or improved trailhead, with
public access thereto.
S. Greenways and waterways that include pedestrian ways, trails, bike paths, and equestrian
trails linking residential areas with other open space uses. These maybe 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 maybe approved by the Commission and Council on a case-by-case
basis. (Ord. 825, 2021)
Updates to Municipal Code — Page 46