ORDINANCE No. 863
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:
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 structures whether or not intended for human occupancy. Such structures may exceed the height limitations provided for in this title only upon the issuance of a conditional use permit as herein provided. 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 |
DESIGN AND FRONTAGE | HIGHWAY CORRIDOR | VILLAGE |
BUILD-TO LINE/BTL | ||
Primary street (front) façade (see Figure 19.4) | 10’ minimum, 40’ maximum | 0’, building or courtyard/patio at sidewalk |
Side street façade | 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% of lot width | 0’ minimum, maximum 25% of lot width |
Rear setback | 0’ minimum | 0’ minimum from non-residential or mixed use; 10’ minimum from residential |
FRONTAGE AND BUILDING FAçADE WIDTH AND HEIGHT | ||
Minimum lot width | 25’ minimum | 25’ minimum |
Primary street (front) façade building width of parcel (see Figure 19.6) | 67% minimum | 75% minimum |
Side or rear street façade1 building width of parcel | 50% minimum | 60% minimum |
Minimum and Maximum Building Height 2 | 25’ minimum; 4 stories maximum | 25’ minimum on Evans Ln, E Linden Ave, Burley Dr, Chubbuck Rd; 20’ minimum other streets; 4 stories maximum |
Maximum Building Height | 4 stories maximum; mixed use buildings may be 5 stories if there is at least one full story of residential use | 4 stories maximum; mixed use buildings may be 5 stories if there is at least one full story of residential use |
Parking Structures | Maximum 2 levels above ground, higher if it doesn’t exceed ceiling of highest floor in adjacent building | Not to exceed ceiling of highest floor in adjacent building |
Ground Floor Ceiling Height | 12’ minimum | 12’ minimum |
Upper Floor Ceiling Height | 9’ minimum | 9’ minimum |
WINDOWS AND TRANSPARENCY | ||
Window Orientation – Standard Openings | Vertical or horizontal; horizontal windows must be no longer than 10’ wide | Vertical 3 – taller than width |
Window configurations – ground Floor | Rectangular; accent windows also allowed | Rectangular; accent windows also allowed |
Maximum length of blank/windowless wall along sidewalk or walkway | 20’ maximum | 15’ maximum |
Transparency4 – Ground Floor, low to high | Minimum 3’ above sidewalk to 8’ above sidewalk | Minimum 3’ above sidewalk to 8’ above sidewalk |
Transparency Depth, Ground Floor | 15’ | 8’ |
Transparency Width (Window Coverage) Ground Floor | 50% minimum 75% max | 50% minimum 75% max |
Transparency Width (Window Coverage) Upper Floors | 20% minimum 70% max | 30% minimum, 70% max |
ARCHITECTURAL FEATURES AND EXTENSIONS | ||
Façade Divisions | Minimum every 60’ | Minimum every 30’ |
Horizontal Expression Line | Must be within 3’ of 1st floor ceiling | Must be within 3’ of 1st floor ceiling |
Cornice | Required to delineate top of parapets | Required to delineate top of parapets where applicable |
Clear Space above Sidewalk | Nothing allowed over ITD ROW, 10’ above city sidewalk | 10’ |
Ground Floor Extensions Allowed | Awning5, Canopy | Awning5, Canopy |
Ground Floor Encroachment into ROW | ITD ROW 0’; city (side) streets up to 3’ | Up to 3’ |
Upper Floor Extensions Allowed | Balcony, Bay Window6, Eave | Balcony, Bay Window6, Eave |
Upper Floor Encroachment | ITD ROW 0’; city (side) streets up to curb line, maximum 6’ | 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, private areas7 | Maximum 72” high, set 10’ to 15’ from ROW | Maximum 72” high, set 10’ to 15’ from ROW |
Utility Meters, Mechanical Equipment, etc. | Located in rear or on roof, or screened if visible from sidewalk | Located in rear or on roof, or screened if visible from 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:
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."
"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 . Provided, however, that temporary signs identifying a specific event or activity shall be erected not earlier than ten days before the event or activity begins, and removed not later than five days after the event or activity has ended. Temporary signs for businesses shall not be replaced by any other temporary sign of the same or similar type relating to the same or similar subject 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.
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 temporary sign 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 they do not constitute a safety 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 signs in residential areas offering homes for sale or lease, and signs in commercial or industrial districts that are integrated into the aesthetic scheme for the setback and have received design review approval 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).
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 | |
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 | |
4 feet high, 8 feet wide | Residential uses, monument only | ||
General Commercial (C-2)2 | 30 feet high, 12 feet wide | Non-residential uses only | |
4 feet high, 8 feet wide | Residential uses, monument only | ||
Industrial (I) | 30 feet high, 12 feet wide | Non-residential uses only | |
Planned Unit Development (PUD)3 | 30 feet high, 12 feet wide | Non-residential uses | |
15 feet high, 8 feet wide | Mixed use/high density residential | ||
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 adjacent to a residential zone the sign shall not be internally 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. | |||
2 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 sign must be no less than 600 feet from any other sign over 45 feet in height on the same side of the highway. | |||
3 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. | |||
SIGN 1, LOCATION | SIGN 2, LOCATION | SEPARATION1 |
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 interior2 | Free-standing, street frontage | 250’ apart and 100’ from ROW |
Free-standing, C-2 zone, property interior2 | Free-standing, C-2 zone, property interior | 250’ apart |
Free-standing, C-2 zone, property interior2 | Monument, C-2 zone, property interior | 100’ apart |
Monument, property interior | Monument, property interior | 100’ apart |
1 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. | ||
2 Free-standing signs on the interior of non-residential developments in the General Commercial (C-2) or Industrial (I) 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:
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Joey Bowers, CITY CLERK