HomeMy WebLinkAboutItem #6 Title 18CHUBBUCK
Memo
Community Services Department
Planning Services Division
290 E Linden Avenue, 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
DATE: August 9, 2023
RE: A petition by City of Chubbuck City staff to update several sections of City Code: Title 18, Land
Use, regarding the height limits of architectural features and various monuments, and height of
buildings in the Village and Highway Corridor land use districts; and Title 15, Buildings and
Construction, regarding the height, width, and placement of signs, and clarifying standards for
temporary signs. Type of action: Recommendation. (Action Item)
BACKGROUND:
In recent weeks questions have arisen and applications have been received that need to be addressed in
City Code concerning the height of certain structures throughout the City. As conditions in the region and
community change major and minor needs such as these arise and require alterations in City Code.
The specific issues included in the attached proposal focus on the height of mixed use buildings in the
Chubbuck Village area, height of monuments and architectural features such as steeples, weathervanes,
towers, etc., and height of permanent signs, including their width, and location under specific
circumstances.
Additionally, the clarification of certain standards for temporary signs is necessary to bring City Code in
alignment with the ruling of the US Supreme Court in Reed v Town of Gilbert. The Court ruled that cities
cannot rely on sign content to regulate certain features of temporary signs.
At a public hearing before the LUDC on August 8, 2023 regarding the proposal, City staff made a
presentation and answered questions from the Commission. One comment was offered from the public
during the hearing regarding the sight clearance zones for safety.
Following the hearing members of the LUDC discussed the draft ordinance and presentation, and
unanimously recommended approval of the attached proposal.
PETITIONER
City of Chubbuck
Attn: Community Services Department
290 E Linden Avenue
Chubbuck, ID 83202
(208) 237-2430
APPLICABLE LAWS AND PLANS
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code
• Notices of the hearing provided in accordance with City Code Chapter 18.28.010.B.
• Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8.
As a text change applicable across the entire city, this is a legislative action.
STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT
The review and review and action by the Land Use & Development Commission was a recommendation to
the City Council based on three criteria for proposed text amendments in City Code.
CRITERIA A— COMMUNITY
The proposed text amendment would be in the community's best interest:
Each of the proposed amendments are in the community's best interest.
1. The height limit for the Village and Highway Corridor zones is expressed in the number of
stories. To encourage the inclusion of residential units in buildings, and to attract housing to the
city and the district, this amendment would raise the height limit from a maximum of four
stories to five stories if a building holds a mixture of uses that include residential units.
2. Currently there is no clear direction in City Code on height limits for monuments or architectural
features such steeples, except that in every case a Conditional Use Permit is required to exceed
the height for that zone. This amendment will provide guidance for builders and residents and
reduce the number of public hearings required of the Commission.
3. Per City Code in most zoning districts there is currently no size limit for signs, and limited
direction for height. The proposed amendment will benefit the city, including sign builders, by
adopting similar height limits for commercial areas to the City of Pocatello. Having similar
standards throughout the Portneuf Valley will also assist the general public to find and identify
businesses and other destinations more easily.
4. In City Code there are some regulations based on the content of temporary signs. Based on
Reed v Town of Gilbert some of these rules need to be removed or modified in code. There are
also no regulations regarding signs placed next to the street — some temporary signs block the
views of motorists at intersections and driveways. The proposed amendment should improve
safety at intersections and commercial driveways.
CRITERIA B — CONSISTENCY
The proposed text amendment is consistent with the existing provisions of the zoning ordinance.
The proposal is consistent with the zoning ordinance; its purpose and scope include:
1. "This title is enacted to protect the public health, safety and welfare by providing for compatible
and harmonious uses of land within the jurisdiction of the city, by organizing uses to encourage
growth consistent with a comprehensive plan..."
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
1 0 R H 0
• The proposed ordinance is compliant with and supports the Comprehensive Plan. It will
encourage residential uses in Chubbuck Village and will provide uniform standards for
architectural features.
2. "Enhancing the aesthetic qualities of the community in the context of sound planning
considerations."
• The draft ordinance addresses permanent and temporary signs and architectural features
and monuments, enhancing the aesthetics of the City.
CRITERIA C — COMPLIANCE
The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the
adopted Plan and furthers them more than the adopted zoning text.
Upon review staff finds no conflict with the Comprehensive Plan (available at
https://cityofchubbuck.us/wp-content/uploads/2018/01 /2002-Comprehensive-plan.compressed.pdf);
specifically, the following goals, objectives, and policies may have some application to the proposal.
Summaries of goals, objectives and policies may not be verbatim.
CHAPTER 4: LAND USE
GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS
OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl.
POLICY a. Permit increased residential densities in areas where infill and redevelopment are
targeted.
GOAL 6.2 ENCOURAGENEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS
AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL
NEIGHBORHOODS
OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented.
CHAPTER 7: GOVERNMENT SERVICES
GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO
DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS
OBJECTIVE 7.7.1 Manage the cost of providing public services to the community
POLICY a. Encourage compact development in order to reduce the cost of providing public
services.
CHAPTER 10: HOUSING
GOAL 10.1 RESPOND TO HOUSING NEEDS
OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development
POLICY a. Plan for a variety of housing types
OBJECTIVE 10.1.3 Encourage the development of affordable housing
POLICY d. Encourage residential infill and redevelopment in target areas
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
RECOMMENDATION
Based on the evidence and analysis above, staff found that the draft code satisfied the criteria
necessary for the LUDC to recommend approval of the title text amendment to the City Council,
with the criteria being:
A. The proposed text amendment would be in the community's best interest.
B. The proposed text amendment is consistent with the existing provisions of the zoning
ordinance.
C. The proposed text amendment is generally not in conflict with the goals, objectives, and
policies of the adopted Plan and furthers them more than the adopted zoning text
No public comments were received regarding this proposal one comment was offered at the
public hearing before the LUDC on August 8, 2023. Following the hearing the LUDC
unanimously recommended approval of the proposed draft ordinance, attached. Minutes are
not yet available for the LUDC meeting of August 8, 2023.
ATTACHMENTS
A. Draft Ordinance, as Recommended by LUDC on August 9, 2023
Brief Explanation of Proposal
1. Exceptions to Hight Limitations: Title 18 Land Use, Section 18.12.020.E
2. Chubbuck Village Building Heights: Title 18 Land Use, Section 18.19.060, Table 19.1
3. Temporary Sign Standards: Title 15 Buildings and Construction, Section 15.24.010.0
4. Sign Location and Size: Title 15 Buildings and Construction, Section 15.24.020.A
REPORT: Don Matson, MSP I AICP Staff comments in this report are based
Planning Services Manager solely upon evidence available at the time
dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be
DATE: August 9, 2023 brought to light at or before the hearing.
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CITY OF CHUBBUCK
ORDINANCE No.
A PETITION BY CITY OF CHUBBUCK CITY STAFF TO UPDATE SEVERAL
SECTIONS OF CITY CODE: TITLE 18, LAND USE, REGARDING THE HEIGHT LIMITS OF
ARCHITECTURAL FEATURES AND VARIOUS MONUMENTS, AND HEIGHT OF
BUILDINGS IN THE VILLAGE AND HIGHWAY CORRIDOR LAND USE DISTRICTS; AND
TITLE 15, BUILDINGS AND CONSTRUCTION, REGARDING THE HEIGHT, WIDTH, AND
PLACEMENT OF SIGNS, AND CLARIFYING STANDARDS FOR TEMPORARY SIGNS.
TITLE 18.12.020.E, SUPPLEMENTAL YARD, HEIGHT, AND USE CONTROLS,
CLARIFYING EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS FOR
ARCHITECTURAL FEATURES SUCH AS CHIMNEYS, STEEPLES, FLAGPOLES, AND
MONUMENTS; AND TITLE 18.19.060, DESIGN AND FRONTAGE, ESTABLISHING
EXCEPTIONS TO THE MAXIMUM HEIGHT OF BUILDINGS IN THE VILLAGE (V) AND
HIGHWAY CORRIDOR (HC) LAND USE DISTRICTS; AND TITLE 15.24, SIGN
REGULATIONS, STANDARDIZING HEIGHT, WIDTH, AND PLACEMENT OF
PERMANENT SIGNS, AND CLARIFYING STANDARDS FOR LOCATION, HEIGHT, AND
SIZE OF TEMPORARY SIGNS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Amended 18.12. Section 18.12.020 of Chubbuck Municipal Code is amended as
follows:
18.12.020. SUPPLEMENTAL YARD, HEIGHT, AND USE CONTROLS
E. Exceptions To Height Limitations: Exceptions to the height limitations set forth in the schedule
of general controls for land use districts may be granted for- s*i.,,,,tufes whether- or not intended
titre only upon the issuanee of a eonditional , o,mit as herein p idea. as follows:
1. Structures intended for human occupancy may exceed the height limitations provided for
in this title only upon the issuance of a conditional use permit as herein provided.
2. Structures and features not intended for human occupancy such as chimneys, flagpoles,
steeples, non -power generating windmills, decorative towers, monuments, weathervanes,
etc. but not signs,may exceed the height limitations provided for in this title upon approval
of the Design Review Committee as provided below:
a. In residential or agricultural land use districts, the height limit may be increased to one
hundred and fifty percent (150%) of the allowable height but shall not exceed seventy
70 feet.
b. In commercial and industrial land use districts, the height limit may be increased to one
hundred and fifty percent (150%) of the allowable height but shall not exceed one
hundred feet (100'). However, if the structure or feature is within one hundred feet
(100') of a residential zone, the height limit may be increased to only one hundred and
fifty percent (150%) of the allowable height in the neighboring residential zone.
c. In a Planned Unit Development (PUD) or mixed use district where no height limit is
defined and there are no architectural review covenants, the height of the building
feature may be one hundred and fifty percent (150%) of the height of the building, or,
a free-standing structure may be one hundred and fifty percent (150%) of the height of
the nearest building intended for human occupancy within the PUD but shall not exceed
one hundred feet (100').
d. Such features and structures may exceed the height limitations provided for in sections
a through c above only upon the issuance of a conditional use permit as herein provided.
Section 2. Amended 18.19. Section 18.19.060 of Chubbuck Municipal Code is amended
as follows:
18.19.060 DESIGN AND FRONTAGE:
TABLE 19.1 DESIGN AND FRONTAGE STANDARDS
DESIGN AND FRONTAGE
HIGHWAY CORRIDOR
VILLAGE
BUILD -TO LINE/BTL
Primary street (front) facade (see
10' minimum, 40' maximum
0', building or
Figure 19.4)
courtyard/patio at sidewalk
Side street facade
10' minimum, 20' max
0', building or
courtyard/patio at sidewalk
PROPERTY LINE SETBACK (NON -STREET)
Side setback (see Figure 19.5)
0' minimum, maximum 33%
0' minimum, maximum 25%
of lot width
of lot width
Rear setback
0' minimum
0' minimum from non-
residential or mixed use; 10'
minimum from residential
DESIGN AND FRONTAGE I HIGHWAY CORRIDOR I VILLAGE
FRONTAGE AND BUILDING FACADE WIDTH AND HEIGHT
Minimum lot width
Primary street (front) facade building
width of parcel (see Figure 19.6)
Side or rear street fagade1 building
width of parcel
Minimum and Maximum Building
Height'
Maximum Building Height
Parking Structures
Ground Floor Ceiling Height
Upper Floor Ceiling Height
I\Till1►19197541101Ilk 11.710M7_1R:I►14VA
Window Orientation — Standard
Openings
Window configurations — ground
Floor
Maximum length of
blank/windowless wall along
sidewalk or walkway
Transparency4—Ground Floor, low to
high
Transparency Depth, Ground Floor
Transparency Width (Window
Coverage) Ground Floor
Transparency Width (Window
Coverage) Upper Floors
25' minimum
67% minimum
50% minimum
25' minimum;
n t
4 stories maximum; mixed
use buildings may be 5
stories if there is at least one
Maximum 2 levels above
ground, higher if it doesn't
exceed ceiling of highest
floor in adjacent building
12' minimum
9' minimum
Vertical or horizontal;
horizontal windows must be
no longer than 10' wide
Rectangular; accent windows
also allowed
20' maximum
Minimum 3' above sidewalk
to 8' above sidewalk
15'
50% minimum 75% max
20% minimum 70% max
ARCHITECTURAL FEATURES AND EXTENSIONS
Fagade Divisions
Horizontal Expression Line
Cornice
Clear Space above Sidewalk
Ground Floor Extensions Allowed
Minimum every 60'
Must be within 3' of V floor
ceiling
Required to delineate top of
parapets
Nothing allowed over ITD
ROW, 10' above city sidewalk
Awnings, Canopy
25' minimum
75% minimum
60% minimum
25' minimum on Evans Ln, E
Linden Ave, Burley Dr,
Chubbuck Rd; 20' minimum
other streets;
n S+„
4 stories maximum; mixed
use buildings may be 5 stories
if there is at least one full
Not to exceed ceiling of
highest floor in adjacent
building
12' minimum
9' minimum
Vertical3 — taller than width
Rectangular; accent windows
also allowed
15' maximum
Minimum 3' above sidewalk
to 8' above sidewalk
8'
50% minimum 75% max
30% minimum, 70% max
Minimum every 30'
Must be within 3' of 15T floor
ceiling
Required to delineate top of
parapets where applicable
10'
Awning', Can
DESIGN AND FRONTAGE
HIGHWAY CORRIDOR
VILLAGE
Ground Floor Lncroachment into
I I D KUW U I; city (side)
p to
ROW
streets up to 3'
Upper Floor Extensions Allowed
Balcony, Bay Window', Eave
Balcony, Bay Window', Eave
Upper Floor Encroachment
ITD ROW 0'; city (side)
Up to curb line, maximum 6'
streets up to curb line,
maximum 6'
Sign Extensions into ROW
See 18.19.100
See 18.19.100
ADDITIONAL STANDARDS
Accessory Structures
Allowed in rear yard only
Allowed in rear yard only,
must be at least 20' from any
single-family structure
Privacy Walls/Fences for patios,
Maximum 72" high, set 10' to
Maximum 72" high, set 10' to
private areas'
15' from ROW
15' from ROW
Utility Meters, Mechanical
Located in rear or on roof, or
Located in rear or on roof, or
Equipment, etc.
screened if visible from
screened if visible from
sidewalk
sidewalk
Antennas, Satellite Dishes >18"
Located in rear or on roof
Located in rear or on roof
Section 3. Amended 15.24. Section 15.24.010 of Chubbuck Municipal Code is amended
follows:
15.24.010. DESIGN AND CONSTRUCTION STANDARDS
C. Amendments: Said uniform sign code is hereby amended to read as follows:
1. Section 103(d): Section 103(d) of the code is amended to read as follows:
"Sec. 103(d). Violations. It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or
maintain any sign structure in this jurisdiction, or cause or permit the same to be done, contrary
to or in violation of any provision of this ordinance or of this code. Each day that a sign is
allowed to remain out of compliance with this ordinance or the code may be deemed a separate
violation. Any sign which does not conform to this ordinance or the code is hereby declared to
be a nuisance and may be abated as provided in the Chubbuck criminal code as now in effect
and as it may hereafter be amended. The city may also seek injunctive relief in a court of
competent jurisdiction. In any civil action, the city may request and the court may award the
city its costs, including a reasonable attorney fee.
Existing nonconforming signs shall be removed within one hundred twenty days after the
effective date of this ordinance; provided, that permanent signs lawfully in existence on the
effective date of this ordinance may be allowed to remain if within said one hundred twenty
day period such signs receive design review approval upon applications properly made under
the Chubbuck land use ordinance as now in effect and as it may hereafter be amended.
Proposals to place or erect signs after the effective date of this ordinance which do not conform
to this ordinance or the uniform sign code may be processed in the same manner as applications
for variances under the Chubbuck land use ordinance as now in effect and as it may hereafter
be amended."
2. Temporary Signs: Section 1401 of the code is hereby amended to read as follows
"Sec. 1401. No temporary sign shall exceed one hundred square feet in area. Temporary signs
of rigid material shall not exceed thirty two square feet in area, or six feet in height, nor shall
any such sign be fastened or affixed to the ground.
A maximum of five temporary signs, other than signs of a political nature, shall be allowed for
any business, person or entity at any one time. Any signs of the same or similar type exceeding
this limit may be removed by the city without notice or compensation.
A permit shall be obtained from the public works director or the director's designee for any
temporary sign other than those of a political nature. Upon receiving an application for a permit
for temporary signs, the clerk or the clerk's designee shall make the sign regulations available
for review by applicant.
No sign shall be affixed in any way to any streetlight or power pole, to any street or traffic
control sign or to any stop sign. Any signs so affixed may be removed by the city without
notice or compensation.
Temporary signs may remain in place in any non-residential zone not exceeding sixty days and
Pfavided, howevef, that temp .s idefififying a speeifie event of aefivity shall be
er-eeted not eat!lier- than ten days befoFe the event or- activivy begins, and r-emoved not latet! than
five days after- -event of aetivity has ended. 'FeffipoFafy signs feF btisnness shall not be
replaced by any other temporary sign of the same or similar type-ela4ing to the same of s;.,, it
tibje t matter on the same premises for at least six months sixty daYs. Provided, further, that
political temporary signs may be erected not earlier than thirty days before the first election in
which the candidate or subject of the sign will be considered, and shall be removed not later
than five days after the date of the last election that year in which the candidate or subject will
be considered.
Notwithstanding any other provisions of this section or of this code, signs with electric lighting
that are temporary or designed to be portable are prohibited.
Temporary signs in residential areas shall not be lighted, nor illuminated by spot lighting."
3. Local Codes: Wherever the uniform sign code refers to a local electrical code or other local
code which has not been adopted by the city, such references shall be deemed to be a reference
to the applicable code adopted by, or other pertinent provisions of, a statute of the state or
regulation duly promulgated by an administrative agency of the state, as now in effect or as they
may hereafter be amended.
15.24.020: ADDITIONAL LOCATION, SIZE AND OTHER STANDARDS:
A. Location And Size:
1. Signs advertising the sale, lease or rental of premises upon which the sign is located shall not
exceed twelve (12) square feet in area, except that in all residential districts, the area of the sign
shall not exceed six (6) square feet. A temporarsign permit shall not be required. Such signs
in a residential district may be located within the rear, side or front yard setback areas so long
as thev do not constitute a safetv hazard or nuisance.
2. On premises wall signs pertaining to valid nonconforming uses or to conditionally permitted
uses in residential areas shall not exceed twelve (12) square feet in area.
3. Signs in any residential district denoting the name and address of the occupant(s) of the
premises shall not exceed two (2) square feet in area.
4. All other temporary signs shall conform to applicable side, rear and front yard setback and
height regulations for the land use district in which they are located; provided, however, that
temporary signs not exceeding six (6) square feet in area, and sig in residential areas offering
homes for- sale of lease, and sig - i - - - r-eial or- industfial distr-iets that are integrated into
may be located
within the rear, side or front yard setback areas so long as they otherwise comply with
applicable provisions of the Chubbuck land use ordinance, as now in effect and as it may
hereafter be amended, and they do not constitute a safety hazard or nuisance. Any temporary
sign that exceeds 3 feet in height shall be located no less than 15 feet away from the nearest
street curb(s).
5. All free-standing permanent signs shall conform to applicable side, rear and front yard
setback regulations for the land use district in which they are located, and with other provisions
of the Chubbuck Land Use ordinance including Design Review per Section 18.16 of Cites
All signs must be located on the property of the business or major activity which it advertises.
Off site or off premises signs shall not be permitted.
a. Sign height shall be measured from the ground to the highest portion of the sign.
b. The maximum sign height and width permitted in each zone shall be as follows:
ZONE
HEIGHT, WIDTH
TYPE, USE
Agricultural (A)
4 feet high, 8 feet wide
Monument only
Single Family Residential (R-1)
4 feet high, 8 feet wide
Monument only
Limited Residential (R-2)
4 feet high, 8 feet wide
Monument only
Limited Residential P (R -2P)
4 feet high, 8 feet wide
Monument only
General Residential (R-3)
4 feet high, 8 feet wide
Monument only
Dense Residential (R-4)
4 feet high, 8 feet wide
Monument only
Limited Commercial (C-1)1
15 feet high, 8 feet wide
Non-residential uses only
Residential uses, monument only
4 feet high, 8 feet wide
General Commercial (C-2 )2
30 feet high, 12 feet wide
Non-residential uses only
Residential uses, monument only
4 feet high, 8 feet wide
Industrial (1)
30 feet high, 12 feet wide
Non-residential uses only
Planned Unit Development
PUD s
30 feet high, 12 feet wide
Non-residential uses
Mixed use/high density residential
15 feet high, 8 feet wide
4 feet high, 8 feet wide
Medium and low-density
residential uses, monument only
1 If a non-residential property in the C-1 zone is adiacent to a residential zone the Bien shall not be internall
illuminated. The sign shall either be placed at least 25 feet from the property line, or it may be a monument
sign if closer than 25 feet to the property line.
I Signs in the General Commercial (C-2) zone may be allowed up to 60 feet in height near interstate highway
exit and entrance ramps under the following conditions:
The sign must be within 2,000 feet of the center of the interchange, parallel to the flow of traffic.
The sign must be within 100 feet of the interstate highway right-of-way.
The sien must be no less than 600 feet from anv other Bien over 45 feet in heieht on the same side of the
highway.
'Applies to signs in a Planned Unit Development (PUD) zone or other mixed use district where no height or
size limit is defined in an approved development plan and there are no architectural review covenants.
6. To reduce visual clutter and improve safety streets, free-standing and monument
stens must be separated from other signs by a minimum distance as measured in a straight line,
unless separated by a public street, as follows.
SIGN 1, LOCATION
SIGN 2, LOCATION
SEPARATION'
Free-standing, street frontage
Free-standing, street frontage
250' apart
Free-standing, street frontage
Monument, street frontage
100' apart
Monument, street frontage
Monument, street frontage
125' apart
Free-standing, C-2 zone,
property interior
Free-standingstreet frontage
,
250' apart and
100' from ROW
Free-standing, C-2 zone,
property interiorz
Free-standing, C-2 zone,
property interior
250' apart
Free-standing, C-2 zone,
property interiorz
Monument, C-2 zone, property
100' apart
interior
Monument, property interior
Monument, property interior
100' apart
' Separation/placement of sign 1 from location of sign 2. Exceptions for sign separation distances
may be granted by the Design Review Committee for signs on separate parcels with separate
access points. Such exceptions may also limit the height of the sign to less than 30' along a street
frontage.
z Free-standing signs on the interior of non-residential developments in the General Commercial
(C-2) or Industrial (1) zones approved by the Design Review Committee are limited to no greater
than 15' in height. The sign face or other decorative features shall be no greater than 8' wide.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city
and any provision of the Municipal Code which conflict with the provisions of this Ordinance are
repealed to the extent of such conflict.
Section 2. Severability. The sections of this Ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days,
one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective
upon its passage, approval, and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this day of , 2023.
Kevin B. England, MAYOR
ATTEST:
Joey Bowers, CITY CLERK
ATTACHMENT 2A. EXCEPTIONS TO HEIGHT LIMITATIONS
BRIEF EXPLANATION OF PROPOSAL
TITLE 18 LAND USE SECTION 18.12.020.E
Subsection E:
The current code requires a CUP for any increase in height over the limit in the zoning district
where it's located, whether or not it's intended for human occupancy. For instance, a church
steeple and an apartment building over the limit in a particular zone are treated the same way.
For example, the height limit in the R-1 and R-2 zones is 35'. A church steeple could not be
higher than 35' unless a CUP is granted by the Commission.
The proposal allows features and structures not intended for occupancy such as steeples,
chimneys, weathervanes, or monuments to a height of up to 150% of the limit for the zone in
which it is located without a CUP. Most of these buildings or structures are already subject to
Design Review.
For example, the height of a steeple in R-1 or R-2 could be approved by the Design Review
Committee up to 50% more than the 35' limit, or 52.5'. The Commission can consider a CUP
for a steeple higher than 52.5'.
The proposal includes a limit on the height increases — 150% is allowed, however:
a. If a structure or feature is in a residential or agricultural zone the height can't exceed 70'.
b. If a structure or feature is in a commercial or industrial zone the height can't exceed 100',
and if it is within 1 00'of a residential zone it can't be more than 150% of the height limit
of the neighboring zone.
Stipulations are also provided for mixed use zones such as a PUD if there is no direction on
height limits.
A CUP is still required from the Commission:
a. For a structure that exceeds the exceptions in this revised section.
b. For a structure of part thereof intended for human occupancy that is over the height limit in the
zone where it's located.
ATTACHMENT 2B. CHUBBUCK VILLAGE BUILDING HEIGHTS
BRIEF EXPLANATION OF PROPOSAL
TITLE 18 LAND USE SECTION 18.19.060, TABLE 19.1
Subsection Frontage and Building Fagade Width and Height:
The current code limits the height of buildings in the Chubbuck Village zone — Highway Corridor
(HC) and Village (V) — to 4 stories, rather than a maximum measured in feet. Mixed use
buildings are strongly encouraged.
The proposal allows up to 5 stories for mixed use buildings that include at least one floor of
residential units. This provides an incentive for much needed housing, for mixed use buildings,
and an increased height may make a mixed use project more feasible.
ATTACHMENT 2C. TEMPORARY SIGN STANDARDS
BRIEF EXPLANATION OF PROPOSAL
TITLE 15 BUILDINGS AND CONSTRUCTION, SECTION 15.24.010.0
Per the Reed v Town of Gilbert ruling from the US Supreme Court several regulations of
temporary signs based on content/subject matter are not allowed. The proposed changes to
City Code only resolve immediate needs of this nature; other changes should be considered in
the future.
References to content are changed to items that can be regulated, such as placement and size
of temporary signs. Additional amendments for temporary signs, as well as permanent signs, are
in Attachment 2D of this memo.
Subsection C.2, Paragraph 1:
The current code limits the number of signs for any business, person, or entity to 5, but includes
an exception for political signs. The number of signs is not a content -based restriction.
The proposal removes the exception for political signs, which would be content -based.
Subsection C.2, Paragraph 4:
The current code states a temporary sign can be in place for up to 60 days, with three additional
standards:
a. Signs for a specific event have a limited time of 10 days before the event to 5 days after.
b. Signs for businesses can't be replaced by a sign on the same or similar subject matter for 180
days.
c. Signs for elections/political signs can't be erected more than 30 days before the first
election a candidate/issue will be considered, and they must be removed within 5 days
after final election the candidate/issue will be considered.
The proposal removes or alters some conditions in paragraph 4 that are based on content:
a. The time limit on signs for a specific event is removed.
b. Signs in a non-residential zone can be in place no longer than 60 days, and can't be
replaced by a sign of the same or similar type (not content) for 60 days. This is also more
reasonable for businesses than a 180 day wait period.
ATTACHMENT 213: SIGN LOCATION AND SIZE
BRIEF EXPLANATION OF PROPOSAL
TITLE 15 BUILDINGS AND CONSTRUCTION, SECTION 15.24.020.A
Subsection A.1:
The current code sets size limits for real estate signs, offering a property for sale or lease. Real
estate sign regulations were not an issue in the ruling on Reed v Town of Gilbert.
The proposal adds that a temporary sign permit is not necessary for a real estate sign, and it
moves language from subsection 4 that states the signs in a residential district may be within
a setback area if they do not create a safety hazard.
Subsection A.4:
The current code establishes signs shall meet the height and setback requirements for the zone
where they are located, but there is no differentiation between temporary and permanent
signs. The current code does have specific standards for permanent signs in the PUC, HC, and
V zones, but not others.
However, 3 exceptions are provided for a sign in a setback area if it otherwise complies with
the Land Use code and does not constitute a safety hazard or nuisance:
a. Signs not exceeding 6 square feet,
b. Real estate signs in residential areas, and
c. Temporary signs integrated into the aesthetic scheme of non-residential developments
and approved by the Design Review Committee.
The proposal limits Subsection 4 to temporary signs; permanent signs are addressed in 2 new
subsections (below), and height for all temporary signs is not referenced.
a. Signs not exceeding 6 square feet is repeated in the proposal, they are permitted in
setback areas under certain conditions — they must not create a safety hazard or nuisance
and must satisfy other parts of the Land Use code,
b. References to real estate signs in residential areas was moved to subsection 1,
c. Allowances for temporary signs integrated into aesthetic schemes was removed, and
d. To maintain the safety sight clearance at intersections, a requirement that temporary signs
over 3 feet tall must be at least 15 feet from the curb.
ATTACHMENT 213: SIGN LOCATION AND SIZE
BRIEF EXPLANATION OF PROPOSAL
TITLE 15 BUILDINGS AND CONSTRUCTION, SECTION 15.24.020.A
Subsection A.5 (new):
The proposal creates standards for sign height and width in different zones, and some
differentiation between residential and non-residential uses. For example, signs in the
Agriculture zone and all residential zones are limited to monument signs, as well as residential
uses in other zones.
The height limits, 30' in General Commercial and the Industrial zones, are the same as the City
of Pocatello standard. The proposal includes a limit of 15' in the Limited Commercial zone,
with other restrictions if it neighbors a residential zone.
One other feature that is similar to the Pocatello code is allowing 60' signs near freeway
interchanges, under certain circumstances:
a. The sign must be within 2,000' from the center of the interchange, parallel to the flow of traffic,
b. The sign must be within 100' of the interstate highway right-of-way, and
c. The sign must be at least 600' from any other sign over 45' on the same side of the highway.
Subsection A.6 (new):
The Proposal establishes sign separations to reduce clutter and help make signs more readable.
It references free-standing signs and monument signs. Monument signs are low to the ground
with a broad footing, and/or a concealed support structure. Free-standing signs refers to all
signs that are not attached to a building and have space between the sign face and the ground,
such as a pole or pylon sign.
The standards include separations for signs of the same type or the two separate types, and
whether they are on the street frontage or within the interior of a larger property. The
separation standard is waived if there is a public street between two signs.
Exceptions may be granted by the Design Review Committee if commercial properties are too
narrow to maintain the required distance between signs.
/ ao", t*- \
CHUBBUCK
1 A A H A
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2400
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
TITLE TEXT AMENDMENT (LEGISLATIVE ACTION)
CHAPTER 18 SECTIONS 18.12.020.E AND 18.19.060, TABLE 19.1 AND
CHAPTER 15, SECTIONS 15.24.010.0 AND 15.24.020.A
FACTS
REQUEST: Petition by City of Chubbuck City staff to update several sections of City Code: Title 18, Land Use,
regarding the height limits of architectural features and various monuments, and height of buildings in
the Village and Highway Corridor land use districts; and Title 15, Buildings and Construction, regarding
the height, width, and placement of signs, and clarifying standards for temporary signs.
TYPE OF APPLICATION: Legislative (Subject to appeal; decisions must be supported by the evidence
and by applying law to the facts; decisions shall be based on the standards for approval). Decisions
for a Title Amendment shall be based on whether it meets the requirements of the City of Chubbuck
ordinance and State of Idaho statutes. As a text change applicable across the entire city this is a legislative
action.
PETITIONER:
City of Chubbuck
Community Services Department
290 E Linden
Chubbuck, ID 83202
APPLICABLE LAWS AND PLANS:
Idaho Statutes §67-6511: Zoning Ordinance
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code Title 18: Land Use, particularly:
a. Chapter 18.28.050: Title Text Amendments
Notices of the hearing provided in accordance with City Code Chapter 18.28.010.13
Standards for approving a title text or map amendment per City Code Chapter
18.28.050.B.8.
PROCEDURES:
In accordance with City Code Chapter 18.28.050 a complete petition for a Title Text Amendment
was filed at least 28 days prior to the public hearing and which contained the appropriate
documents.
2. In accordance with City Code Chapter 18.28.010, the petition was scheduled to be heard at a
regular meeting of the Land Use and Development Commission at a public hearing.
Title Text Amendment Approval Form- FFCL
In In accordance with City Code Chapter 18.28.010 and Idaho Statute §67-6509, notice of the
public hearing was provided at least 15 days prior to the public hearing:
a. Notice sent to utilities and political subdivisions providing services within the City;
Publication in the Idaho State Journal at least 15 days prior to the hearing; and
c. Notices posted prominently at the City office and on webpage.
4. A public hearing with the Commission was conducted in accordance with procedures established by
City Resolution 2021-06.
5. Following the hearing, based on a review of the record, the Commission recommended
APPROVAL of the petition.
6. The Chubbuck City Council reviewed the record and the Commission's recommendation on
August 16, 2023.
PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with
statutory requirements.
RECORD: The record is on file with City of Chubbuck Staff and consists of the application materials, staff
reports and memos, public and agency testimony, meeting minutes, and applicable portions of city
and state law.
FINDINGS
Having reviewed the record, including the application materials, staff report, testimony provided at the
hearing and meeting, and the criteria for approval of a Title Text Amendment as found in city code
section 18.28.050.B.8.b, the City Council finds the following:
1. The proposed text amendment would be in the community's best interest;
2. The proposed text amendment is consistent with the existing provisions of the zoning
ordinance; and
3. The proposed text amendment is generally not in conflict with the goals, objectives, and
policies of the adopted Comprehensive Plan and furthers them more than the adopted
zoning text.
ORDER: CONCLUSION AND DECISION; TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Title Text Amendment
as herein described, shall be APPROVED.
1940�t-\-
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2400
www.CityofChubbuck.us
Title Text Amendment Approval Form- FFCL
2. Pursuant to Section 18.28.050.8.C., this approval shall take effect upon the passage and approval of
an ordinance and by the summary publication.
3. Pursuant to Idaho Code § 67-6511(c) the Council finds that this action will not result in demonstrable
adverse impacts upon the delivery of services by any political subdivision providing public services,
including school districts, within the City of Chubbuck.
4. Whether approved, approved with amendments, or denied, any party seeking judicial review of the
decision must first request a reconsideration of this decision to the City Council in accordance with
Chapter 18.28.090 of city code.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of
194�0t\-
CHUBBUCK
1 0
20
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2400
www.CityofChubbuck.us