Loading...
HomeMy WebLinkAboutItem #6 Accessory Building heightCHUBBUCK Memo Public Works Department Planning Services 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: April 29, 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. The application will be reviewed against criteria in section 18.28.050.6.8 of city code. (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. PROPOSAL: The attached draft ordinance adds a phrase to allow accessory buildings up to 25 feet high regardless of the height of the house or principal structure. 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. The proposed amendment adds one phrase to code, 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 (251 whichever is greater, ater, 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. PETITIONER: City of Chubbuck Attn: Don Matson, Planning Services Manager 290 E Linden Avenue Chubbuck, ID 83202 (208) 239-3252 ANALYSIS: Laws and plans relative to the proposal include: 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. The Land Use and Development Commission (LUDC) held a public hearing regarding the proposal on April 22, 2025 and recommended Council approval. 4. As a code amendment the proposal covers a large area; 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. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 CHUBBUCK dmatson@cityofchubbuck.us 1 0 R H 0 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: "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...." 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. Upon review staff finds no conflict with the Plan (available at https:Hcityofchubbuck.us/w�- content/uploads/2018/01/2002-Comprehensive-Plan.compressed.pdf). CONCLUSION ANALYSIS: Based on the attached evidence and analysis, staff finds the draft amendment/code satisfies the criteria necessary for approval by the City Council: 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. LUDC RECOMMENDATION: Following a public hearing on April 22, 2025 the LUDC unanimously recommended approval of the proposed change to Title 18: Land Use. ATTACHMENTS A. Existing Code Title 18.12.030.A.4 with Change as Recommended by LUDC B. Minutes of the LUDC Meeting on April 22, 2025 are not Available at this Time /944c-\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.239.3252 dmatson@cityofchubbuck.us 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 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 iserg 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