Design Review is required for building, developing, or substantially altering the exterior of buildings or sites in all zones in the City of Chubbuck for any commercial or industrial building/use, for any residential buildings with three (3) or more single-family units, including, but not limited to, apartments, threeplexes, townhomes, etc., or for any residential development containing densities greater than six (6) units per acre. The primary purpose of the process is to identify the technical requirements of city code that will apply to each unique project and how to apply them to each project.

   A.   Exemptions (unless otherwise required by a stricter portion of city code such as in the Village or Highway Corridor districts or Creative Community district, or unless required by a separate development agreement):

      1.   Structures not visible from a public street, private street, or abutting residence;

      2.   Structures fully screened from all abutting property lines not owned entirely by the applicant;

      3.   Maintenance and repair of existing exterior facades;

      4.   Modifications to exterior finishes that do not change the materials, including but not limited to paint, stain, or other exterior finishes; and

      5.   Roofing materials.

      6.   Accessory dwelling units are not considered towards density calculations.

   B.   Design Review is required for site alterations, including, but not limited to the addition, removal, or modification of site improvements and/or features such as access, parking, landscaping, or any other alteration which modifies the site, approved conditions, and/or the requirements of Chubbuck city code. The Administrator of the Design Review Committee has the discretion to determine if Design Review is required.

   C.   Design Review approval must be obtained prior to making application for any conditional use permit, preliminary plat, short plat, or building permit when required by this section.

   D.   The City may withhold permits, certificates of occupancy/completion on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly, or if the required Design Review Clearance has not been received. (Ord. 855, 2022)

The Community Services Director, or their designee, is the Administrator of the Committee and is responsible for coordinating reviews of applications and for communicating the decision of the Committee to the applicants. Committee is authorized to approve, approve with conditions, or deny all projects submitted for Design Review.

   A.   The Committee shall consist of the Mayor, the City Attorney, the Public Works Director, Land Use & Development Commission Chair, the Community Services Director, the Fire Chief, and the Police Chief, and/or their designees.

   B.   The Committee may sit in their role for reviews and approvals of other portions of this Title that are not necessarily formally tied with a Design Review Clearance, such as, but not limited to reviewing some accessory dwelling unit designs, reviewing and approving certain improvements in a Creative Community or in Chubbuck Village zoning districts, and reviewing and approving tree replacements in rights-of-way. (Ord. 855, 2022)

A completed design review application with all fees paid and all application materials submitted shall constitute a complete application for design review and is required prior to review of any design review proposal. The following is required to be submitted for an application for Design Review:

   A.   Design Review application form shall include project name, proposed use, location, applicant, owner, project representatives, and contact information.

   B.   Vicinity map (to scale) showing the project location in relationship to neighboring buildings and the surrounding area. Note: a vicinity map shall show location of adjacent buildings and structures.

   C.   Site plan, as required by the application form and the Committee showing locations and dimensions of any of the following on the site: buildings, fences, sidewalks, ADA ramps, parking areas and stalls, dumpster enclosures, stormwater retention areas, existing trees and fences, easements, rights-of-way, above ground utility lines, canals/ditches, etc.

   D.   Preliminary landscape plan (existing landscaping on the site show as retained, relocated, or removed; proposed landscaping including species types, quantity, etc).

   E.   Floor plan showing gross square footage for each floor and listing occupancy classification and type of construction and showing locations of any floor drains.

   F.   Detailed elevations of all sides of all proposed buildings in the development and other exterior elements (colors, materials).

   G.   Sign plans showing locations, sizes, dimensions, and illustrations.

   H.   Lighting plan showing locations of lighting structures and fixtures, the lighting distribution on the site, and demonstrating how light will be aimed and shielded to prevent light trespass off the property and downward from the night sky.

   I.   A list of chemicals, including cooking oils, to be stored and/or used on the site and whether any are proposed to be disposed of in the sanitary sewer system. If proposed for disposal in the sanitary sewer system, submit proposed pretreatment method, if any.

   J.   The Administrator may waive some submittal requirements if they determine the information is not relevant to the Committee after consulting with the Committee. (Ord. 855, 2022)

   A.   Upon receipt of a complete application and fees, the Administrator provide the applicant’s submittal to the Committee along with a request for review and comments. The Committee shall have fourteen (14) calendar days to review the submittal and to issue a decision in writing.

   B.   The Committee shall determine in writing based on cause that the following are satisfied, or may be satisfied with conditions, for a project to receive Design Review approval:

      1.   The project will conform to, or exceed, applicable standards and criteria of Chubbuck city code including, but not limited to:

         a.   Curb, Gutter, and Sidewalk standards;

         b.   Approach and Access Management Standards;

         c.   Street, Right-of-Way, Traffic Circulation, and Traffic Study Standards;

         d.   Stormwater Retention Standards;

         e.   Lighting Standards;

         f.   Landscaping Standards;

         g.   Parking Standards;

         h.   Land Use and Zoning Standards;

         i.   Sanitary Sewer Pretreatment standards;

         j.   Water, sanitary sewer, and sanitation standards;

         k.   Fire Code standards;

         l.   Building Code Standards;

         m.   Platting and Development Agreement Standards;

         n.   Other items specific to the use, the site, the zone, etc.

   C.   Where allowed by Chubbuck city code or not expressly prohibited by the same, the Committee may grant deviations from certain standards based on cause and upon specific request by an applicant.

   D.   If an applicant is denied, it shall be for cause and the Committee shall state in writing what actions, if any, the Applicant could take to obtain future approval.

   E.   The Committee may approve any condition necessary to ensure the health, safety, and welfare of the public is not jeopardized, and to ensure that the technical requirements of the city code will be met.

   F.   A decision by the Committee is specific only to the technical details of City Code, and is not an approval for any other separate authorization required by City Code such as a conditional use permit or plat, nor is it a complete list of detailed technical requirements for approval of a project.

   G.   If an applicant disagrees with the written findings of the Committee, then the applicant must, prior to making an appeal to the Council, submit a request to reconsider in writing, stating the specific requirements with which the applicant takes issue. The Committee shall review and respond to the request for reconsideration within ten (10) calendar days.

   H.   Decisions of the Committee may be appealed to the City Council, provided the applicant has properly made a request to reconsider as set forth above. Any appeal must be filed within ten calendar (10) days of the date of the Committee’s final decision. At the Council meeting to review the appeal, both the applicant and members of the Committee may provide testimony to the Council, and the Council may reverse, affirm, or modify any decision of the Committee. (Ord. 855, 2022)

The design review application fee shall be set by resolution of the City Council. (Ord. 855, 2022)