HomeMy WebLinkAboutPH#1 18.06, 18.08, and 18.12CHUBBUCK
Memo
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
TO: City of Chubbuck Land Use and Development Commission
FROM: Don Matson, Planning Services Manager
DATE: July 9, 2024
RE: A petition by City of Chubbuck City staff to update several sections of City Code: Title 18,
Land Use, regarding new definitions in the title and clarifying current definitions;
clarifying standards for building setbacks; and revising standards for accessory structures.
Title 18.06, Definitions, revising definitions of an accessory structure, and front, rear, and
side yards, and adding definitions for corner lot, flag lot, and irregular lot; and Title
18.08.042, Schedule of General Controls; Regulations, clarifying setbacks for Principal
Structures; and Title 18.12.030, Supplemental Controls for Particular Uses, revising
standards for accessory structures. The application will be reviewed against criteria in
section 18.28.050.6.8 of city code. Type of action: Recommendation. (Action Item)
BACKGROUND
From time to time issues arise that need to be addressed in City Code for clarification, or for
establishing or updating standards. Recently we have received applications and questions
involving:
• definitions of different lots, including irregular lots,
• setbacks for primary vs. accessory structures,
• delineations of front, side, and rear yards, and
standards for accessory buildings.
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
issues above and related items.
FACTS
PETITIONER
City of Chubbuck
Attn: Community Services Department
290 E Linden Avenue
Chubbuck, ID 83202
(208) 237-2430
APPLICABLE LAWS AND PLANS
1. Chubbuck Comprehensive Plan (as amended)
2. Chubbuck City Code
• Notices of the hearing provided in accordance with City Code Chapter 18.28.010.6.
• Standards for approving a title text or map amendment per City Code Chapter 18.28.050.6.8.
3. As a text change applicable across the entire city, this is a legislative action.
EXPLANATIONS AND ILLUSTRATIONS OF PROPOSED CHANGES
SECTION 18.06: DEFINITIONS
Accessory structures definition includes the size threshold of 200 square feet. It's true that
structures under 200 square feet don't require a building permit, but they are still accessory
structures and are not allowed in a front yard and must maintain the required setbacks as
larger accessory structures. The 200 square feet standard is from the building code and may
change over time.
Key change: the phrase "which exceeds two hundred (200) square feet thereby requiring a
building permit" is removed.
Lot or parcel definition is included in the definitions section, as are Z lots. However,
irregular lots and flag lots are not described in code, and therefore the code lacks standards
for setbacks and other details for them. Corner lots have certain standards in Title 18, but
they are not defined. The proposal adds definitions for each with guidance on setbacks.
. Definitions added:
o Corner Lot, includes the possibility it can be on the
corner of one curving street if the angle of the bend
is less than 135°.
Although pie -shaped, its dimensions and the 110° angle
of the corner should define this as a corner lot.
o Flag Lot, includes a width standard for the street
connection, an area calculation, and which property
line is used as the front line to establish setbacks.
o Irregular Lot, providing a simple definition, and
authorizes the Community Services Director to
approve site-specific measurements for setback
requirements. Defined as a lot with 3 sides, pie -
shaped, or with more than 4 sides
CHUBBUCK
1 0
Corner Lot
Flag Lot
p N .
n
n �
Property Line
for Front Setback
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment — Page 2
Definitions of yards. Different yards are defined in code but side yards are dominant over
front and rear yards and the definitions leave areas of a parcel undefined. Some of these
undefined areas are logical to include in a front or side yard, but without clarification an
accessory building could be placed in an inappropriate location.
• Large lot examples of side yards: A side yard is currently defined as "The space extending
from the front yard line to the rear yard line between the side lot line and the nearest wall of
the principal structure."
o The yellow areas shown below are side yards under the current code definition. In the
+r
two parcels on the right, the side yards occupy more than half of each lot.
41
r■
r■
rs
rr
40,
Front and rear yards are simply defined as the width of the lot at the front or back, except
where it's a side yard. It places the front and rear yard definitions subordinate to the side
yard definition.
The recommendation is to fully describe the front and rear yards, with the remainder
being the side yard.
"The space extending across the full width of the lot between the side lot lines at the
front [or rear] of a lot, and from the front lot line [or rear lot line] to parallel lines
extending from the side lot line to a point on the nearest wall of the of the principal
structure that is nearest to the front lot line [or rear lot line]. The front [or rear] yard
includes any area in front [or to the rear] of the principal structure that is not in the side
yard per section C below."
• Side yards are proposed to be defined as "The space extending from the front yard to the
rear yard between the side lot line and the principal structure." This change makes the side
yards subordinate to the front and rear yard definitions.
See the illustrated examples on the following pages.
nim 290 E Linden Avenue, Chubbuck, ID 83202
(�((•[ Phone 208.237.2430
CHUBBUCK www•CityofChubbuck.us
1 0 0 H 0 Titles 18.06, 18.08.42, 18.12.030 Text Amendment — Page 3
Yards for a standard lot.
Under current code, the area of the side yards on this regular residential lot is greater than the rear yard or the
front yard. There are some areas that aren't in the definition for any of the three yards.
L
/64 �Ot\
CHUBBUCK
1 0
a�V uaa�o��
CURRENT
Yellow -yard lines
Light yellow - unclear
Blue -undefined areas
Issues -
Accessory buildings not
allowed in the front yard
but cacti be in the side yard
(if not in sidle setback).
Accessary must be
setback 20'sa the rearaf
the pnncipal structure.
Where does the 20` begin?
Blue areas are not part of
:y yard dcfin R1inn
PROPOSED —
Yellow -yard lints
Current code -
Side Yard: The space extending from the front yard fine to the rear yard lure between the side tot lire and the
nearest wall of the principal structure.
* Front (and Rear) Yard. The space extended straight across the fuff width of the tot adjacent to the front street fine
frPQr 1nf line) nrr Hirt urhi?ro the ".cirYa vQrr{"ntrarlan.c
f..
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment— Page 4
Yards for a different situation. It's more apparent on this lot and on the following pages that the side
yards defined in current City Code are disproportionately large and there can be larger undefined
areasasell.
/64 �Ic\
CHUBBUCK
1 0
CURREW CODE
Yellow —yard lines
ll&ayellew - unclear
Blue — undefined areas
Issues -
AcCessory buildings not
allowed in she front yard
but can be in the side yard
(if not In side setback)_
Accessory must be
setback 20' to the rear of
the principal st+ucture-
Where does the 29' belon?
Blue areas are not part of
onyyard definition
PROPOSED
Yellow —yard lines
Red — 20' measures
Proposal -Front (and Rear) Yard. The space extendingacross the full width of the rot between the side lot lures at the front
(rear) ofa lot, and from the front (rear) lot line to parallel lines extending from each side dot line to a point on the
nearest wall of the principal structure that is closest to the front (rear) lot lime.
• Side Yard. The space extending from the front yard line to the rearyard lure between the side dot dime and the
nearest wall of the principal structure.
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment— Page 5
Yards for irregular lots.
Irregular tots hapessuch as this leave very little in the definition forfront and rear yards.
Current Code-AccessoryStructure can be in the side orrearyard...
�#
Side
`, Rear
t
J
Side
Sid
X
Side
CuRREN T CODE
/64 �Ot\
CHUBBUCK
1 0
V� AO
PROPOSED CODE
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment— Page 6
Yards for a different situation and building.
More appropriate proportions between frontlrear and side yards under proposed code.
CURRENT CODE
/64 �ct\
CHUBBUCK
1 0
4
11f Rear
14
PROPOSED CODE
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment— Page 7
Yard{ examples per proposed code - for use in code:
Sta n d a rd Lot Ea m pie
/64 �Ot\
CHUBBUCK
1 0
irregular Lot Example
RearYard
---------�21& I
'Side Yard Ok I Z
S �IIIIII'"�
SX
N�/ arae rarer
'Viae"
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment— Page 8
EXPLANATIONS AND ILLUSTRATIONS OF PROPOSED CHANGES (cont.)
SECTION 18.08.042: SCHEDULE OF GENERAL CONTROLS; REGULATIONS:
Height and area regulations clearly define maximum height limits and minimum setbacks, yard
width, and lot area. What is unclear is if the setbacks apply to accessory buildings or only to
principal buildings.
• Key change: a footnote is added, stating "The standards in this table apply to the principal
structure(s) on a property. For accessory building standards see section 18.12.030.A of this Title."
SECTION 18.12.030A: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: ACCESSORY
STRUCTURES
Currently City Code includes four subsections regarding accessory structures
Location: May not be in the front yard, or in the minimum side setback area extended 20 feet to
the rear of the principal structure. The side setback language can be interpreted in more than one
way, but it is clear an accessory building can be in the side yard if it's not in the minimum side yard
setback (in A, R-1, R-2 and R -2P it is 5 feet on one side, 9 feet on the other). Other zones have no
side setback requirement.
o Change: "Shall be located no less than ten feet (10) from a principal structure, whether on the
same property or an adjacent property."
Proximity: City Code currently states an accessory structure must be at least 20 feet from a
residential structure on adjoining lands. The proposed change places more emphasis on building
and development codes, and communications with neighbors.
0 Modification from current code: "Shall not be located in any front yard. If located in the side
yard the structure must stand at least ten feet (10) behind the line separating the front and side
yards. "
0 Setbacks established: Accessory buildings have a minimum setback of 5 feet from side or rear
property lines, and 10 feet from a corner side property line.
o Compare to main building; An accessory building may not be taller than the principal building,
except for agricultural buildings in the A zone.
o Conditions to locate on a side or rear property line: An accessory building may be located
against a side or rear property line if 6 conditions are met, including written permission from
adjacent property owner, firewalls built per building code, there is no water runoff to an
adjacent property, etc.
o Railroad cars, truck trailers, productions buildings: No change, they are still prohibited as
accessories in agricultural and residential districts.
o Shipping containers: The strict limits on use of shipping containers as an accessory would have
a minor change, to clarify that a contractor or subcontractor may use one for a construction
office during permitted construction days, without a 90 -day limit.
L
CHUBBUCK
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment — Page 9
STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT:
CRITERIA A — COMMUNITY
The proposed text amendment would be in the community's best interest.-
The
nterest:
The recommended changes will bring clarity to several related sections of city code that are necessary to
guide staff, homeowners, and developers alike.
• Include different yard definitions: Current definitions of yards leave some areas of a lot undefined,
and place too much of most parcels in the side yard rather than the front or rear.
• Clarify that the setbacks in the general regulations apply to principal structures, not accessory
structures.
Establishing additional standards and clarifying current standards for accessory structures,
including required setbacks.
CRITERIA B — CONSISTENCY
The proposed text amendment is consistent with the existing provisions of the zoning ordinance.
The proposed amendments do not conflict with the existing provisions of the zoning ordinance but
enhance the code for clarity and better alignment with existing conditions.
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 goals, objectives, or policies in the Comprehensive
Plan, available at https://cityofchubbuck.us/wp-content/uploads/2018/01/2002-
Comprehensive-Plan.compressed.pdf. none of the appear to have direct application to the
proposal.
RECOMMENDATION
Based on the evidence and analysis above, staff finds that the draft code satisfies the criteria necessary to
recommend approval of the Chapter 18.28.060 text amendment.
A. Draft Chapter 18.28.060 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.
L
CHUBBUCK
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment — Page 10
EXHIBITS
1. Draft Ordinance
2. Draft Ordinance with Underline (additions) and Strikeout (deletions).
REPORT: Don Matson, MSP I AICP Information and comments in this report
Planning Manager are based solely upon evidence available at
dmatson@cityofchubbuck.us 1 (208) 239-3252 the time of the report. Additional
information may be brought to light at or
DATE: June 25, 2024 before the hearing.
L
CHUBBUCK
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Titles 18.06, 18.08.42, 18.12.030 Text Amendment — Page 11
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 NEW DEFINITIONS IN
THE TITLE AND CLARIFYING CURRENT DEFINITIONS; CLARIFYING STANDARDS
FOR BUILDING SETBACKS; AND REVISING STANDARDS FOR ACCESSORY
STRUCTURES. TITLE 18.06, DEFINITIONS, REVISING DEFINITIONS OF AN
ACCESSORY STRUCTURE, AND FRONT, REAR, AND SIDE YARDS, AND ADDING
DEFINITIONS FOR CORNER LOT, FLAG LOT, AND IRREGULAR LOT; AND TITLE
18.08.042, SCHEDULE OF GENERAL CONTROLS; REGULATIONS, CLARIFYING
SETBACKS FOR PRINCIPAL STRUCTURES; AND TITLE 18.12.030, SUPPLEMENTAL
CONTROLS FOR PARTICULAR USES, REVISING STANDARDS FOR ACCESSORY
STRUCTURES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Amended 18.06. Section 18.062.020 of Chubbuck Municipal Code is amended
as follows:
18.06.020. ACCESSORY STRUCTURE:
A structure which is located on the same lot with, and erected concurrently with or subsequent
to, a principal structure, and which is used in a manner incidental and subordinate to the principal
structure. See subsection 18.12.030A of this Title for supplemental requirements for accessory
structures.
Section 2. Amended 18.06. Section 18.06.182 of Chubbuck Municipal Code is added as
follows:
18.06.182: LOT, CORNER:
A parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts
of the same street, and the interior angle at the point of intersection is less than one hundred
thirty-five degrees (135°).
Section 3. Amended 18.06. Section 18.06.184 of Chubbuck Municipal Code is added as
follows:
18.08.184: LOT, FLAG:
A parcel of land that includes a narrow projection or "flagpole" connecting it to the street or
right-of-way. The flagpole serves as a private or privately shared access to the buildable area of
the parcel. When a flag lot is allowed, the minimum lot frontage to the street shall be twenty feet
(20% and the minimum lot width and setbacks are measured from where the lot widens for a
building. The square footage of the flagpole shall not be considered as part of the minimum lot
area.
A Cn
0
Rag g Lot
Section 4. Amended 18.06. Section 18.06.186 of Chubbuck Municipal Code is added as
follows:
18.08.186: LOT, IRREGULAR:
A parcel of land that is either non -rectangular, has three (3) sides and/or is pie -shaped, or has
more than four (4) sides. Because of its shape an irregular lot also requires site-specific
measurement techniques in order to achieve the purpose of adopted setback standards. Approval
of site-specific measurement techniques to be determined by the CSD on a case-by-case basis.
Section 5. Amended 18.06. Section 18.06.410 of Chubbuck Municipal Code is amended as
follows:
18.06.410: YARD:
Open land on the same lot with a structure.
A. Front yard: The space extending across the full width of the lot between the side lot lines at
the front of a lot, and from the front lot line to parallel lines extending from the side lot
lines to a point on the nearest wall of the of the principal structure that is nearest to the front
lot line. The front yard includes any area in front of the principal structure that is not in the
side yard per section C below.
B. Rear yard: The space extending across the full width of the lot between the side lot lines at
the rear of a lot, and from the rear lot line to parallel lines extending from the side lot lines
to a point on the nearest wall of the principal structure that is nearest to the rear lot line.
The rear yard includes any area to the rear of the principal structure that is not in the side
yard per section C below.
C. Side yard: The space extending from the front yard to the rear yard between the side lot line
and the principal structure.
D. Yard setback: The distance from the nearest point of the principal structure to the front
street line, rear lot line or side lot line, as indicated by the context.
E. Yard width: Distance between side lot lines at the required structure front yard setback line.
(Ord. 620 § 1, 2006; amd. Ord. 822, 202 1)
ta:f.dard Lc� Example
Rear Yard
---- '2
Side 'R
Yard
Front Yard
I --,t~��'.
IrregL(ar Lv# Example
Section 6. Amended 18.08. Section 18.08.042 of Chubbuck Municipal Code is amended as
follows:
18.08.042. SCHEDULE OF GENERAL CONTROLS; REGULATIONS:
A. Height And Area Regulations:
Land
Maximum
Minimum
Minimum
Minimum
Minimum
Minimum Lot
Use
Height 1
Front Yard
Rear Yard
Side Yard
Total Yard
Area Per
District
Setback 1
Setback 1
Setback 1,2
Width
Household
Dwelling (In
Square Feet)
A
35'
25'
20'
14'- 5'
70'
1 acre
R-1
35'
25'
20'
14'- 5'
70'
7,000 first
household, plus
4,000 each
additional
R-2
35'
25'
20'
14'- 5'
60'
6,000 first
household, plus
2,500 each
additional
R -2P
35'
25'
20'
14' - 5'
50'
5,000 per
household
R-3
50'
15'
15'
101-01
40'
5,000 first
household, plus
1,500 each
additional
R-4
60'
10'
10'
101-01
40'
2,400 first
household, plus
1,000 each
additional
C-1
45'
10'
10'
10' - 0'
40'
Same as R-4
C-2
70'
10'
-
-
-
-
I
70'
10'
-
-
-
-
Note:
1. The standards in this table apply to the principal structure(s) on a property. For accessory
building standards see section 18.12.030.A of this Title.
2. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on
right. In addition, the setback for at least 1 of the side yards shall be a distance of no less than 9
feet.
Section 7. Amended 18.12. Section 18.12.030 of Chubbuck Municipal Code is amended as
follows:
18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES:
A. Accessory Structures:
1. Shall be located no less than ten feet (10') from a principal structure, whether on the
same property or an adjacent property.
2. Shall not be located in any front yard. If located in the side yard the structure must
stand at least ten feet (10') behind the line separating the front and side yards.
3. Shall have a minimum side and rear yard setback of five feet (5') unless a setback is
established specifically by another section of city code such as for public alleys. On a corner
lot an accessory structure shall have a setback of not less than ten feet (10') from the
streetside property line.
4. Shall not include a roof or any other feature that is taller than the ridge line of the
principal structure. However, agricultural buildings in the Agriculture (A) land use district
are exempt from this standard.
5. May be located on a side and/or rear property line if all of the following conditions are
completely satisfied:
a. A setback is not established specifically by another section of city code such as
for public alleys.
b. Written permission of the adjacent owner is obtained.
c. Firewalls are constructed as required by the Building Official.
d. There is no water runoff from the building to an adjacent property.
e. There are no architectural projections beyond the property line.
f. The side or rear yard upon which the structure is desired to be closer than 5' is not
a city street or city alley.
6. Consisting of railroad cars, truck trailers or vans, or production buildings formerly used as
a dwelling are excluded from all residential and agricultural districts and may only be allowed in
industrial and commercial districts upon issuance of a conditional use permit.
7. Shipping containers, including containers used on oceangoing vessels and/or railcars are
generally excluded from all residential districts, except as provided herein, but are allowed in
agricultural, industrial and commercial districts upon issuance of a conditional use permit and are
permitted on a temporary basis without a conditional use permit in industrial and general
commercial districts for up to one hundred eighty (180) days.
a. The Community Services Director may allow a shipping container in any district,
including a residential district, during permitted construction for use by the contractor and
any subcontractors for the period of construction.
b. If the container(s) is in a rusted, blighted or deteriorated condition, it shall not be
allowed or, if already in place, shall be removed, whether or not a conditional use permit has
been granted.
c. A shipping container may be allowed in a residential district for purposes of
allowing household goods to be moved or stored temporarily for a period not to exceed
ninety (90) days; the above provisions for rusted, blighted or containers in a deteriorating
condition shall apply and containers shall not block roadways or driveways.
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 CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF CHUBBUCK, IDAHO, this day of , 2024.
Kevin B. England, MAYOR
ATTEST:
Joey Bowers, CITY CLERK
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 NEW DEFINITIONS IN THE TITLE AND
CLARIFYING CURRENT DEFINITIONS; CLARIFYING STANDARDS FOR BUILDING
SETBACKS; AND REVISING STANDARDS FOR ACCESSORY STRUCTURES. TITLE 18.06,
DEFINITIONS, REVISING DEFINITIONS OF AN ACCESSORY STRUCTURE, AND FRONT,
REAR, AND SIDE YARDS, AND ADDING DEFINITIONS FOR CORNER LOT, FLAG LOT, AND
IRREGULAR LOT; AND TITLE 18.08.042, SCHEDULE OF GENERAL CONTROLS;
REGULATIONS, CLARIFYING SETBACKS FOR PRINCIPAL STRUCTURES; AND TITLE
18.12.030, SUPPLEMENTAL CONTROLS FOR PARTICULAR USES, REVISING STANDARDS
FOR ACCESSORY STRUCTURES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK,
IDAHO:
Section 1. Amended 18.06. Section 18.062.020 of Chubbuck Municipal Code is amended as
follows:
18.06.020. ACCESSORY STRUCTURE:
A " structure which is located on the same lot with, and erected concurrently
with or subsequent to, a principal structure, and which is used in a manner incidental and subordinate to
the principal structure whieh exeeeds two hundred (200) squafe feet thereby requiring a building pefmi
See subsection 18.12.030A of this Title for supplemental requirements for accessory structures.
Section 2. Amended 18.06. Section 18.06.182 of Chubbuck Municipal Code is added as follows:
18.06.182: LOT, CORNER:
A parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the
same street, and the interior angle at the point of intersection is less than one hundred thirty-five degrees
(1350).
Section 3. Amended 18.06. Section 18.06.184 of Chubbuck Municipal Code is added as follows:
18.08.184: LOT, FLAG:
A parcel of land that includes a narrow projection or "flagpole" connecting it to the street or right-of-wa.
The flagpole serves as a private or privately shared access to the buildable area of the parcel. When a flag
lot is allowed, the minimum lot frontage to the street shall be twenty feet (20'), and the minimum lot width
and setbacks are measured from where the lot widens for a building The square footage of the flagpole
shall not be considered as part of the minimum lot area.
Flag Lot
Section 4. Amended 18.06. Section 18.06.186 of Chubbuck Municipal Code is added as follows:
18.08.186: LOT, IRREGULAR:
A parcel of land that is either non -rectangular, has three (3) sides and/or is pie -shaped, or has more than
four (4) sides. Because of its shape an irregular lot also requires site-specific measurement techniques in
order to achieve the purpose of adopted setback standards. Approval of site-specific measurement
techniques to be determined by the CSD on a case-by-case basis.
Section 5. Amended 18.06. Section 18.06.410 of Chubbuck Municipal Code is amended as follows:
18.06.410: YARD:
Open land on the same lot with a structure.
A. Front yard:
line, exeept where the "side yard" ever -1 Ps—.The space extending across the full width of the lot
between the side lot lines at the front of a lot, and from the front lot line to parallel lines extending
from the side lot lines to a point on the nearest wall of the of the nrincinal structure that is nearest to
the front lot line.
B. Rear yard: ,
exeept where -the "side yard" ever- e lot between
the side lot lines at the rear of a lot, and from the rear lot line to parallel lines extending from the
side lot lines to a point on the nearest wall of the principal structure that is nearest to the rear lot line.
C. Side yard: The space extending from the front yard line to the rear yard One between the side lot line
and the nearest wall e the principal structure.
D. Yard setback: The distance from the nearest wa11 point of the principal structure to the front street
line, rear lot line or side lot line, as indicated by the context.
E. Yard width: Distance between side lot lines at the required structure front yard setback line. (Ord.
620 § 1, 2006; amd. Ord. 822, 202 1)
tamdard Lot Exarnple
Rear Yard
Side
Yard
.......................... MULL
Front Yard
Strppt
irregular Lot Exam pte
------------
.* ideYard
Rear Yard
ideYard
Section 6. Amended 18.08. Section 18.08.042 of Chubbuck Municipal Code is amended as follows:
18.08.042. SCHEDULE OF GENERAL CONTROLS; REGULATIONS:
A. Height And Area Regulations:
Land Use
Maximum
Minimum
Minimum Rear
Minimum
Minimum
Minimum Lot Area Per
District
Heig-kit
Front Yard
Yard Set
Side Yard
Total Yard
Household Dwelling (In
Height
Setbaek
Setback 1
Setbad
Width
Square Feet)
Setback 1
Setback 1,2
A
35'
25'
20'
14'- 5'
70'
1 acre
R-1
35'
25'
20'
14'- 5'
70'
7,000 first household,
plus 4,000 each
additional
R-2
35'
25'
20'
14'- 5'
60'
6,000 first household,
plus 2,500 each
additional
R -2P
35'
25'
20'
14'- 5'
50'
5,000 per household
R-3
50'
15'
15'
10' - 0'
40'
5,000 first household,
plus 1,500 each
additional
R-4
60'
10'
10'
10' - 0'
40'
2,400 first household,
plus 1,000 each
additional
C-1
45'
10'
10'
10' - 0'
40'
Same as R-4
C-2
70'
10'
-
-
-
-
1
70'
10'
-
-
-
-
Note:
1. The standards in this table apply to the principal structure(s) on a property. For accessory building
standards see section 18.12.030.A of this Title.
2. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In
addition, the setback for at least 1 of the side yards shall be a distance of no less than 9 feet.
Section 7. Amended 18.12. Section 18.12.030 of Chubbuck Municipal Code is amended as follows:
18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES:
A. Accessory Structures:
Shall be located no less than ten feet (10',) from a principal structure, whether on the same
property or an adjacent property.
2. Shall not be located(201) ftem any residential struetidfe on adjoining
lan& in any front yard. If located in the side yard the structure must stand at least ten feet (10')behind
the line separating the front and side yards.
3. Shall have a minimum side and rear yard setback of five feet (5') unless a setback is
established specifically y another section of city code such as for public alleys. On a corner lot an
accessory structure shall have a setback of not less than ten feet (10') from the streetside nropertv line.
4. Shall not include a roof or any other feature that is taller than the ridge line of the principal
structure. However, agricultural buildings in the Agriculture (A) land use district are exempt from this
S
tandard_
5. May be located on a side and/or rear property line if all of the following conditions are
completely satisfied:
a. A setback is not established specifically y another section of city code such as for public
alleys.
b. Written permission of the adjacent owner is obtained.
c. Firewalls are constructed as required by the Building Official.
d. There is no water runoff from the building to an adjacent propertL.
e. There are no architectural projections beyond the property line.
f. The side or rear vard upon which the structure is desired to be closer than 5' is not a
street or eft. alley.
6. Consisting of railroad cars, truck trailers or vans, or production buildings formerly used as a
dwelling are excluded from all residential and agricultural districts and may only be allowed in industrial
and commercial districts upon issuance of a conditional use permit.
7. Shipping containers, including containers used on oceangoing vessels and/or railcars are
generally excluded from all residential districts, except as provided herein, but are allowed in agricultural,
industrial and commercial districts upon issuance of a conditional use permit and are permitted on a
temporary basis without a conditional use permit in industrial and general commercial districts for up to
one hundred eighty (180) days.
a. The Community Services Director may allow a shipping container in any district, including
a residential district, during permitted construction for use by the contractor and any subcontractors
for the period of construction .
b. If the container(s) is in a rusted, blighted or deteriorated condition, it shall not be allowed
or, if already in place, shall be removed, whether or not a conditional use permit has been granted.
c. A shipping container may be allowed in a residential district for purposes of allowing
household goods to be moved or stored temporarily for a period not to exceed ninety (90) days; the
above provisions for rusted, blighted or containers in a deteriorating condition shall apply and
containers shall not block roadways or driveways.
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 CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this day of , 2024.
Kevin B. England, MAYOR
ATTEST:
Joey Bowers, CITY CLERK