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Home My WebLink AboutPH #3 18.12.030 Accessory StructuresCHUBBUCK Memo Public Works Department Planning Services 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 Manager DATE: April 16, 2025 RE: A petition by City of Chubbuck City staff to update one section of City Code: Title 18, Land Use, regarding the height limits of accessory buildings. Type of action: Recommendation. (Action Item) BACKGROUND Last year this same section of code was amended establishing several new standards for accessory structures, including maximum height. In recent weeks applications have been received that demonstrate a need to address the height of accessory structures. The amended code limits the height to no higher than the ridgeline of the main structure. In these applications the principal structures on the properties were low single -story ranch style homes, ranging from 13 to 15 feet in height. Quite a number of sheds/accessory buildings in the community are used to house recreational vehicles up to 13 feet high. A shed to house such an RV, including a pitched roof, are nearly impossible to build at a height equal to or shorter than some homes. The attached draft ordinance adds a phrase to allow accessory buildings up to 25 feet high. It keeps the standards for homes or other buildings taller than 25 feet to have an accessory building up to the height of the ridgeline. FACTS PETITIONER: City of Chubbuck Attn: Planning Services 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.B. • Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8. 3. Because the proposal covers the City at large this is a legislative action, not quasi-judicial. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT The review and action by the Land Use & Development Commission is 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. The principal structures/homes on various properties are low single -story ranch style homes, ranging from 13 to 15 feet in height. Currently city code limits the height of an accessory structure to no higher than the ridgeline of the main structure. Quite a number of sheds/accessory buildings in the community are desired and used to house recreational vehicles up to 13 feet high. A shed to house such an RV, including a pitched roof, are nearly impossible to build at a height equal to or shorter than these types of homes. The proposal would increase the height allowed to 25 feet allowing home and business owners the same privilege as neighbors with taller buildings. For taller homes and buildings, the accessory can still be up to the height of the ridgeline of the main structure. CRITERIA B — CONSISTENCY: The proposed text amendment is consistent with the existing provisions of the zoning ordinance. The purpose and scope of the zoning ordinance include: 1. "This title is enacted to protect the public health, safety and welfare by providing for compatible and harmonious uses of land within thejurisdiction of the city, by organizing uses to encourage growth consistent with a comprehensive plan...." • The proposed ordinance is compliant with and supports the Comprehensive Plan. It will encourage some uniformity and equality for residents and business owners with different sized buildings. 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. L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Page 2 Upon review staff finds no conflict with the Plan (available at https://cityofchubbuck.us/wp- content/uploads/2018/01/2002-Comprehensive-Plan.compressed.pdf). PROPOSED AMENDMENT The proposed amendment adds one phrase, as follows: 18.12.030: Supplemental Controls for Particular Uses: A. Accessory Structures: 4. Shall not include a roof or any other feature that is taller than the ridge line of the principal structure or twenty-five feet (25'), whichever is greater, and shall adhere to the maximum height limit per zone in Section 18.08.042A. However, agricultural buildings in the Agriculture (A) land use district may be taller than the principal structure. RECOMMENDATION Based on the evidence and analysis above, staff finds that the draft code update satisfies the criteria necessary 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. EXHIBIT 1. Existing Ordinance with Proposed Amendment 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 8, 2023 brought to light at or before the hearing. L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Page 3 CITY OF CHUBBUCK ORDINANCE No. A PETITION BY CITY OF CHUBBUCK CITY STAFF TO UPDATE ONE SECTION OF CITY CODE: TITLE 18, LAND USE, REGARDING ACCESSORY STRUCTURES. 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 18.12. 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') from the property line 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 or twenty-five feet (25'), whichever is greater, and shall adhere to the maximum height limit per zone in Section 18.08.042A. However, agricultural buildings in the Agriculture (A) land use district may be taller than the principal structure. 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 , 2025. Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK