The following land use districts are hereby established:

   A.   Agricultural (A): The purpose of this district is to provide for orderly transition of farmlands, by limiting their use to low density residential neighborhoods until such time as other uses, consistent with the comprehensive plan, become appropriate.

   B.   Single-family residential (R-1): The purpose of this district is to provide for neighborhoods of single household dwellings and class I production buildings. Major home occupations may be allowed as defined in section 18.08.040 of this chapter and section 18.12.032 of this title or conditionally permitted.

   C.   Limited residential (R-2): The purpose of this district is to provide for neighborhoods of single household dwellings, class I production buildings, and abutting zero lot line residences. An abutting zero lot line residence may be conditionally permitted in an existing R-2 development and is permitted in a proposed R-2 subdivision if each lot upon which a zero lot line residence would be constructed is disclosed on the preliminary and final plats. Duplexes may be conditionally permitted.

   D.   Limited residential P (R-2P): The purpose of this district is the same as limited residential (R-2) and any amendments to limited residential (R-2) shall apply to the limited residential P (R-2P) zone; provided however the lot sizes for single-family homes shall be reduced to allow for smaller lots to accommodate either zero lot line residences or to allow a single-family home to be built on one-half (1/2) of a zero lot line residence but with setbacks for a single-family home.

   E.   General residential (R-3): The purpose of this district is to provide for diversity in the arrangement and density of residential uses. Duplexes, abutting zero lot line residences, threeplexes and fourplexes shall be allowed, but in order to maintain an appropriate mixture of single household dwellings, duplexes, abutting zero lot line residences, threeplexes and fourplexes, shall not compose more than twenty five percent (25%) of the structures in any subdivision, unless an exception is granted to allow a larger percentage of such structures by the land use and development commission. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this title.

   F.   Dense residential (R-4): The purpose of this district is to provide for the development of dense residential districts, including apartment buildings and apartment complexes composed of clusters of abutting zero lot line residences, duplexes, threeplexes and fourplexes. Single household dwellings, abutting zero lot line residences, duplexes, threeplexes, fourplexes and apartments are permitted. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this title.

   G.   Limited commercial (C-1): The purpose of this district is to provide for small office uses and neighborhood scaled convenience business uses which serve nearby residential areas. The goal of this district is to integrate limited commercial activity and professional offices with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between commercial and professional uses and the residential uses within the same neighborhood. Such a designation is appropriate where commercial activities are to be provided in the midst of a neighborhood for the benefit of the residents thereof. Such benefits may include convenience, energy conservation or related factors. Such a designation may properly apply to a limited area located in a convenient place relative to the circulation pattern for both vehicles and pedestrians within a neighborhood. Some larger establishments may be conditionally permitted if compatible with adjoining uses. Application of this district would also be appropriate where its permitted or conditionally permitted uses might serve as an effective buffer between a residential neighborhood and nearby commercial or industrial uses.

   H.   General Commercial (C-2): The purpose of this district is to provide for a broad variety of business establishments serving Municipal or regional markets. These uses buffer against industrial area, and may include compatible light industrial uses when conditionally permitted.

   I.   Industrial (I): The purpose of this district is to provide for light industry not absorbed by general commercial areas and for heavier industrial uses when conditionally permitted.

   J.   Planned Unit Development (PUD): The purpose of this district is to encourage innovation and special features in development by embracing and promoting: development patterns in harmony with community objectives, a maximum choice of living environments, a more useful pattern of open space and recreation areas, enhanced design standards and architectural features, conservation of energy and efficient design, and a-development patterns which preserves and employ the natural setting of the site.

   K.   Creative Community (CC): The purpose of this district is to provide a greenfield planned unit development approval process, to provide for a zone with a mix of land uses that range in intensity than are typically found separately in mutually exclusive, traditional zoning districts and to provide for a departure from traditional zoning to the extent that it encourages a combination of land uses which may be compatible, but have traditionally been separated. This district shall be governed by the provisions of chapter 18.21 of this title. (Ord. 778, 2018: Ord. 755, 2016; Ord. 825, 2021)

The foregoing districts shall be depicted on the land use map on file in the City office and incorporated herein by reference and shall be subject to future amendment in the same manner as other provisions of this chapter. Where conflicts exist between the district locations shown on the land use map and the future land use scheme set forth in the City's comprehensive plan, such conflicts shall be eliminated by ordinance, following transfer of title to property or request from the landowner(s), when the City Council finds that such action is timely for the orderly transition of affected neighborhood(s). (Ord. 755, 2016)

   A.   The general controls for each district set forth by this title shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

      1.   No structure or land shall be used or occupied and no structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located and in conformity with all other applicable laws, codes or regulations.

      2.   No building or other structure shall be erected or altered to:

         a.   Provide for greater height or bulk;

         b.   Accommodate or house a greater number of families;

         c.   Occupy a greater percentage of lot area;

         d.   Have narrower or smaller rear yards, front yards, side yards or other open spaces, other than as herein provided, or any other manner be contrary to the provisions of this title.

      3.   No side yards in a lot within A, R-1 or R-2 Districts, which are improved by an inhabitable structure at the time of passage of this title, shall be reduced in width below five feet (5'). Areas and dimensions of all other lots and yards shall meet at least the minimum requirements set forth herein.

   B.   General controls by district shall be as set forth in the schedule below. Specific uses are permitted where indicated in the schedules by the letter “P”; provided, however, that the Community Services Director or the Design Review Committee may, in accordance with the procedures set forth in subsection C of this section, require the issuance of a conditional use permit prior to allowing such use. Where the letter “C” appears, it denotes a use allowed in the district in question only upon issuance of a conditional use permit as herein provided. An “X” indicates that the use is neither allowed nor conditionally permitted. Any proposed use which is not specifically mentioned in the schedule below, is neither allowed nor conditionally permitted in residential land use districts, but is permitted in all other land use districts unless the Community Services Director or Design Review Committee determine, in accordance with the procedures set forth in subsection C of this section, that such use should only be allowed upon the issuance of a conditional use permit.

   C.   The Community Services Director in reviewing an application for a building permit, and the Design Review Committee, in reviewing an application for design review clearance, may determine that a particular land use, although designated in the schedule of general controls as a permitted use, should be allowed only upon the issuance of a conditional use permit. In making this determination, the Community Services Director and Design Review Committee shall rely upon the criteria and standards set forth in subsection 18.28.020 of this title. If a conditional use permit is required, the applicant shall immediately thereafter be notified of this determination and shall be advised of the procedures governing the Land Use and Development Commission’s consideration of an application for a conditional use permit.

   D.   When several combined land uses exist or are proposed, the most intensive land use shall be considered the primary activity for a development application. All nonprimary activities or uses outside a planned unit development as set forth in chapter 18.20 of this title or a creative community as set forth in chapter 18.21 of this title, shall only be allowed in accordance with the schedule of general controls, unless the same constitutes subordinate uses which are customarily incidental to and located on the same lot or in the same building as the primary activity or use.

   E.   Any reference in the schedule of general controls to a use as conditionally permitted does not constitute a finding or declaration by the City Council that such use would necessarily be consistent with the comprehensive plan of the City. The Land Use and Development Commission and City Council shall not approve an application for a conditional use permit for a particular proposed use unless such proposed use is found to be consistent with the comprehensive plan and conforms to the criteria set forth in section 18.28.050 of this title. (Ord. 755, 2016; amd. Ord. 825, 2021; Ord. 845, 2022)

 

 

(Ord. 798, 2019; amd. Ord. 822, 2021; Ord. 823, 2021; Ord. 846 § 5, 2022; Ord. 854, 2022; Ord. 865 § 2, 2023)

   A.   Height And Area Regulations:

 

Note:

   B.   Corner Lot: On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard on one side that is at least the amount of the minimum front yard setback set forth in subsection A of this section, and the other side on the corner shall be not more than five feet (5') less than the setback set forth in subsection A of this section. If a garage or carport opens into the smaller of the two (2) setbacks, the garage shall set back the same distance as the required front yard setback on the adjacent corner.

   C.   Setbacks: Setbacks for a zero lot line residence or a single- family residence in an R-2P zone shall be the same as that of the land use district within which the development lies except the minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback may be zero and the other side yard setback may be a minimum of ten feet (10'). Two (2) zero lot line residences must be simultaneously constructed to form an abutting zero lot line residence. Construction of a single zero lot line residence is not permitted, unless construction is of a freestanding single-family home in an R-2P zone or on a zero lot line subdivision where a waiver has been granted.

(Ord. 755, 2016; amd. Ord. 871 § 6, 2024)

The maximum ratio of lot width to lot depth shall be:

 

The lot depth is measured at the farthest point the rear lot line is from the front lot line. The lot width is measured at the point of the front yard setback, and, in the case of a corner lot, the shortest line of the two (2) sides bordering a street shall be used. For tracts that are on hillsides, irregularly shaped, or that have unusual conditions, drainage, easements or other such matters, which may make these ratios unworkable, the Community Services Director and other applicable city officials shall work with the owner to devise a plan for such a lot that is workable. Any deviations from the above ratios shall be subject to approval by the land use and development commission either at the preliminary plat stage or upon special application to the commission. (Ord. 755, 2016; amd. Ord. 845, 2022)

 

   A.   In the interpretation of this section, the following shall govern:

      1.   Parking spaces for other permitted or conditional uses not listed in this subsection shall be determined by the city council.

      2.   Fractional numbers shall be increased to the next whole number.

      3.   Where for any reason parking demand is unusually high or low, then the parking space provisions cited above may be adjusted proportionately by the council without the necessity of a variance.

      4.   Paved surfaces must be provided for all off street parking and such surfaces must be maintained, kept clean and have striping designating the parking area. Such parking spaces and the striping shall comply with acceptable parking lot design and with all appropriate laws including the Americans with disabilities act.

      5.   A paved driveway shall connect the public right of way or other road providing access to the property and the required off street parking.

      6.   Two (2) or more adjacent or contiguous (other than residential) users of off street parking subject to this section may petition for a conditional use permit to decrease the total number of required parking spaces on the basis that the users have entered into a joint use agreement for parking. In reviewing this conditional use permit, in addition to the requirements set forth in section 18.28.020 of this title, the following factors shall be considered:

         a.   Whether the uses of the property and the suggested number of parking places by the applicant will be compatible as to type of use or hours of use resulting in an actual reduction in the number of parking spaces needed.

         b.   Whether the reduced number of parking spaces is offset by other desirable amenities such as increased landscaping or common area or reduced need for on site stormwater retention due to decreased hard surface parking area.

         c.   Such other factors as applicant or the reviewing body may deem appropriate given the proposed use of the land and location of the land with respect to other development. (Ord. 755, 2016; amd. Ord. 846 § 5, 2022)

Upon application to the land use and development commission, the owner or developer of a lot(s) platted or designated for zero lot line residences may obtain a waiver of the requirement to build two (2) contiguous zero lot line residences and may, upon the granting of the waiver, construct single-family residences that would comply with the restrictions in a limited residential P (R-2P) zone. The granting or denial of such a waiver may be appealed to the Chubbuck city council within the same time frame and parameters as set forth in subsection 18.28.040B of this title. (Ord. 720, 2013)