Chubbuck City Zoning Code
CHAPTER 18
19 CHUBBUCK VILLAGE CRITERIA
18.19.010: PURPOSE AND INTENT:
A. Purpose. The Highway Corridor (HC) and Village (V) zones are established to implement the City of Chubbuck Comprehensive Plan Chapter 16: Chubbuck Village Specific Plan for the urban gathering place in the City of Chubbuck.
1. This chapter focuses on the pedestrian environment within a mix of compatible land uses, rather than traditional zoning which often neglects pedestrian safety and disconnects people and businesses from one another.
2. Together the zones are a form-based code (FBC) regulating first how building placement and basic design features relate to the street and improve the pedestrian environment, with less emphasis on land use restriction and separation.
3. FBC standards produce more predictable results in the building and redevelopment of properties and the desired physical form described in the Chubbuck Village Specific Plan for Chubbuck.
B. Intent. The intent of the zones is to further the policies of the Chubbuck Village Specific Plan to a greater extent than would a traditional Euclidean zone to:
1. Promote the public health, safety, and welfare;
2. Create functionally integrated developments that allow for a more efficient and cost-effective provision of public services;
3. Promote decreased suburban sprawl, under-developed sites, and agricultural land development on the ex-urban fringe;
4. Promote increased community interactions via development standards which emphasize pedestrian and bicycle modalities;
5. Encourage a variety of housing types and affordability that accommodate residents’ needs through different stages of life;
6. Establish reasonable design standards for development and redevelopment within the zone to ensure that the built environment is sustainably desirable and stable, that property values are stable and maintained, and to enhance the image of the City of Chubbuck; and
7. Establish standards that allow for additional creativity in promoting and providing sites and structures that accommodate multiple land uses. (Ord. 847, 2022)
18.19.020: ENUMERATION OF DISTRICTS:
A. Highway Corridor (HC) Zone.
1. Purpose. The purpose of this district is to provide an enhanced location for a broad variety of businesses with highway frontage serving local and regional markets. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Standards include city street requirements for the Chubbuck Village area creating commonalities shared between the Highway Corridor and Village zones.
2. Boundary Legal Description. The following described property encompasses the Highway Corridor Zone:
A parcel of land located in the in Northeast 1/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows:
Commencing at the North 1/4 Corner of said Section 10, being marked by a brass cap monument inside a survey vault, said point being the POINT OF BEGINNING;
Thence South 89°29'02" East, along the North line of said Section 10, a distance of 329.83 feet;
Thence South 00°30'58" West, a distance of 34.00 feet, to the northeast corner of Rite Aid / Keybank Commercial Subdivision;
Thence South 00°04'36" West, along the easterly boundary line of Rite Aid / Keybank Commercial Subdivision, a distance of 436.63 feet to a point on the southerly boundary line of Lot 3, Bonniebrae Acres Subdivision;
Thence South 82°01'08" East, along said southerly boundary line, a distance of 88.26 feet to the northeast corner of a parcel of land described in Deed Instrument No. 20212165;
Thence South 00°03'49" West, along the easterly boundary line of said parcel, a distance of 196.00 feet, to the southeast corner of said parcel;
Thence North 89°27'34" West, along the southerly boundary line of said parcel, a distance of 246.38 feet, to the northwest corner of a parcel of land described in Deed Instrument No. 21307566;
Thence South 00°03'49" West, along the westerly boundary line of said parcel, a distance of 274.35 feet, to a point on the southerly right of way line of Linden Avenue;
Thence South 89°31'17" East, along said southerly right of way line, a distance of 55.77 feet to the northwest corner Lot 1, Block 1, of SGK Subdivision;
Thence South 00°01'51" West, along the easterly boundary line of said subdivision, a distance of 202.39 feet, to the southeast corner of said subdivision;
Thence continuing South 00°01'51" East, along the easterly boundary line of a parcel of land described in Deed Instrument No. 20500396, a distance of 80.13 feet, to the a point on the northerly boundary line of Chubbuck Maverik Subdivision;
Thence South 89°20'58" East, along said northerly boundary line, a distance of 2.81 feet, to the northeast corner of said subdivision;
Thence in a southerly direction along the easterly boundary line of said subdivision for the next (3) three courses: 1. South 00°04'02" West a distance of 88.00 feet; 2. South 89°20'58" East a distance of 6.29 feet; 3. South 00°39'02" West a distance of 200.00 feet, to the southeast corner of said subdivision;
Thence South 38°33'38" West a distance of 52.36 feet, to the northeast corner of a parcel of land described in Deed Instrument No. 21413131;
Thence South 00°02'08" West, along the easterly boundary line of said parcel, a distance of 95.28 feet, to a point on the northerly boundary line of King Center 1st Addition Subdivision;
Thence South 89°22'55" East, along the northerly boundary line of said Subdivision, a distance of 32.00 feet, to the northeast corner of Lot 2, Block 1, of King Center 1st Addition Subdivision;
Thence South 00°03'27" West, along the easterly boundary line of said Lot 2, a distance of 98.04 feet, to a point on the northerly boundary line of Lot 1, Block 1, of said subdivision;
Thence South 88°47'18" East, along the northerly boundary line of said Lot 1, a distance of 22.00 feet, to the northeast corner of said Lot 1;
Thence South 00°02'08" West, along the easterly boundary line of said Lot 1, a distance of 150.01 feet, to a point on the northerly boundary line of Whitewater No. 1 Subdivision;
Thence South 88°47'18" East, along the northerly boundary line of said subdivision, a distance of 122.10 feet, to the northeast corner of said subdivision;
Thence North 88°43'19" East a distance of 50.24 feet, to a point on the easterly right of way line of Central Way;
Thence in a southerly direction along the easterly right of way line of Central Way for the next (6) six courses: 1. South 01°16'41" East a distance of 262.36 feet; 2. South 00°00'35" West a distance of 49.99 feet; 3. North 89°19'23" West a distance of 0.84 feet; 4. South 00°03'51" West a distance of 227.30 feet, to a point of tangency with a 25.00 foot radius curve whose center bears South 89°56'09" East; 5. Following said curve to the left through a central angle of 75°25'27" an arc length of 32.91 feet, (The chord of said curve bears South 37°38'52" East a distance of 30.58 feet) to a point of tangency with a 55.00 foot radius reverse curve whose center bears South 14°38'24" West; 6. Following said reverse curve to the right through a central angle of 95°41'02" an arc length of 91.85 feet, (The chord of said curve bears South 27°31'05" East a distance of 81.54 feet) to a point on the northerly right of way line of Interstate 86;
Thence in a westerly direction along the northerly right of way line of Interstate 86 for the next (4) four courses: 1. North 76°34'23" West a distance of 109.95 feet; 2. South 00°03'14" East a distance of 43.84 feet; 3. North 68°44'53" West a distance of 348.91 feet; 4. North 89°08'33" West a distance of 70.16 feet, to a point on the meridional centerline of Section 10, Township 6 South, Range 34 East, Boise Meridian; Thence North 00°22'22" East, along said meridional centerline, a distance of 2438.45 feet to the POINT OF BEGINNING.
B. Village (V) Zone.
1. Purpose. The purpose of this district is to provide a mixed-use environment that serves as an urban meeting space focused on pedestrian activity. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Commercial, civic, and medium to high density residential uses are allowed throughout the district. Standards include street requirements for the Chubbuck Village area creating commonalities shared between the Village and Highway Corridor zones.
2. Boundary Legal Description. The following described property encompasses the Village Zone:
A parcel of land located in the in Northeast 1/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows:
Commencing at the North 1/4 Corner of said Section 10, being marked by a brass cap monument inside a survey vault; Thence South 89°29'02" East, along the North line of said Section 10, a distance of 329.83 feet to the POINT OF BEGINNING;
Thence South 00°30'58" West, a distance of 34.00 feet, to the northeast corner of Rite Aid / Keybank Commercial Subdivision;
Thence South 00°04'36" West, along the easterly boundary line of Rite Aid / Keybank Commercial Subdivision, a distance of 436.63 feet to a point on the southerly boundary line of Lot 3, Bonniebrae Acres Subdivision;
Thence South 82°01'08" East, along said southerly boundary line, a distance of 88.26 feet to the northeast corner of a parcel of land described in Deed Instrument No. 20212165;
Thence South 00°03'49" West, along the easterly boundary line of said parcel, a distance of 196.00 feet, to the southeast corner of said parcel;
Thence North 89°27'34" West, along the southerly boundary line of said parcel, a distance of 246.38 feet, to the northwest corner of a parcel of land described in Deed Instrument No. 21307566;
Thence South 00°03'49" West, along the westerly boundary line of said parcel, a distance of 274.35 feet, to a point on the southerly right of way line of Linden Avenue;
Thence South 89°31'17" East, along said southerly right of way line, a distance of 55.77 feet to the northwest corner Lot 1, Block 1, of SGK Subdivision;
Thence South 00°01'51" West, along the easterly boundary line of said subdivision, a distance of 202.39 feet, to the southeast corner of said subdivision;
Thence continuing South 00°01'51" East, along the easterly boundary line of a parcel of land described in Deed Instrument No. 20500396, a distance of 80.13 feet, to the a point on the northerly boundary line of Chubbuck Maverik Subdivision;
Thence South 89°20'58" East, along said northerly boundary line, a distance of 2.81 feet, to the northeast corner of said subdivision;
Thence in a southerly direction along the easterly boundary line of said subdivision for the next (3) three courses: 1. South 00°04'02" West a distance of 88.00 feet; 2. South 89°20'58" East a distance of 6.29 feet; 3. South 00°39'02" West a distance of 200.00 feet, to the southeast corner of said subdivision;
Thence South 38°33'38" West a distance of 52.36 feet, to the northeast corner of a parcel of land described in Deed Instrument No. 21413131;
Thence South 00°02'08" West, along the easterly boundary line of said parcel, a distance of 95.28 feet, to a point on the northerly boundary line of King Center 1st Addition Subdivision;
Thence South 89°22'55" East, along the northerly boundary line of said Subdivision, a distance of 32.00 feet, to the northeast corner of Lot 2, Block 1, of King Center 1st Addition Subdivision;
Thence South 00°03'27" West, along the easterly boundary line of said Lot 2, a distance of 98.04 feet, to a point on the northerly boundary line of Lot 1, Block 1, of said subdivision;
Thence South 88°47'18" East, along the northerly boundary line of said Lot 1, a distance of 22.00 feet, to the northeast corner of said Lot 1;
Thence South 00°02'08" West, along the easterly boundary line of said Lot 1, a distance of 150.01 feet, to a point on the northerly boundary line of Whitewater No. 1 Subdivision;
Thence South 88°47'18" East, along the northerly boundary line of said subdivision, a distance of 122.10 feet, to the northeast corner of said subdivision;
Thence North 88°43'19" East a distance of 50.24 feet, to a point on the easterly right of way line of Central Way;
Thence North 01°16'41" West, along said easterly right of way line, a distance of 319.58 feet;
Thence North 44°32'44" East, a distance of 28.69 feet to a point on the southerly right of way line of Evans Lane;
Thence in an easterly direction along the southerly right of way line of Evans Lane for the next (5) five courses: 1. South 89°37'52" East, a distance of 407.82 feet; 2. South 89°37'00" East, a distance of 33.77 feet, to a point of tangency with a 325.00 foot radius curve whose center bears North 00°23'00" East; 3. Following said curve to the left through a central angle of 07°40'52", an arc length of 43.57 feet, (The chord of said curve bears North 86°32'32" East a distance of 43.54 feet) to a point of tangency with 275.00 foot radius reverse curve whose center bears South 07°17'52" East; 4. Following said reverse curve to the right through a central angle of 07°53'59", an arc length of 37.92 feet, (The chord of said reverse curve bears North 86°39'08" East a distance of 37.89 feet); 5. South 89°23'53" East, tangent to the last described curve, a distance of 355.19 feet;
Thence South 44°21'17" East a distance of 26.20 feet, to a point on the westerly right of way line of Burley Drive;
Thence South 00°04'34" East, along said westerly right of way line, a distance of 58.15 feet;
Thence North 89°55'26" East, a distance of 50.00 feet, to the southwest corner of Willie’s Storage Subdivision.
Thence South 89°22'04" East, along the southerly boundary line of said subdivision, a distance of 398.14 feet to the southeast corner of said subdivision;
Thence in a northerly direction along the westerly right of way line of Union Pacific Railroad for the next (3) three courses: 1. North 08°12'23" West, a distance of 492.04 feet to a point of tangency with a 5779.58 foot radius curve whose center bears North 81°47'37" East; 2. Following said curve to the right through a central angle of 07°00'32", an arc length of 707.01 feet, (The chord of said curve bears North 04°42'07" West a distance of 706.56 feet); 3. North 01°11'51" West, a distance of 448.60 feet to a point on the north line of Section 10, Township 6 South, Range 34 East, Boise Meridian;
Thence North 89°29'02" West, along said north line, a distance of 1315.52 feet, to the POINT OF BEGINNING. (Ord. 847, 2022)
18.19.030: SPECIAL PROVISIONS:
A. Relationship to Other Land Use Controls: Wherever there is a difference between provisions of this chapter and those of other chapters, the provisions of this chapter shall control. Unless otherwise authorized, subjects not governed by this chapter shall be governed by the respective provisions found elsewhere in this Code.
B. Pedestrian Realm: To achieve an overall walkable environment, appropriate land uses, pedestrian connections, cross easements, common driveways, consistent site standards, etc., must be coordinated within the Highway Corridor (HC) and Village (V) zones, even though properties may be individually owned.
C. Stormwater Retention: Stormwater in the Highway Corridor (HC) and Village (V) zones shall be retained and treated below ground via infiltrators in accordance with the Portneuf Valley Stormwater Design Manual.
D. Zoning District designations within Chubbuck Village shall be in accordance with the Chubbuck Village Future Land Use Map and the Plan District-Zone District Conversion table found in the Chubbuck Village Specific Plan, Goal 3, Policies A and B. See the Map attached as Exhibit A for the Zoning Districts. (Ord. 847, 2022)
18.19.040: REGULATING PLAN:
Building permit applications, platting and Conditional Use Permits (if applicable) must be preceded by the appropriate technical and design approvals.
A. Technical Review: The City Design Review Committee or an established Chubbuck Village Review Committee will review technical details as outlined in Chapter 18.16: Design Overlay District and Criteria of this Title. The Committee will review and relay technical details of the project as they relate to this or other titles of City code. In cases where a Conditional Use Permit (CUP) is required, design review approval must precede the CUP application, and does not constitute approval of the land use or project. The Land Use and Development Commission (LUDC) may attach more stringent requirements upon a CUP than the Design Review Committee.
B. Standards Review: Staff will provide and maintain application forms and checklists to assist the property developer in complying with the architectural, landscaping, signage, parking, site development, and other components specific to this chapter, and as they relate to each subdistrict within the Highway Corridor (HC) and Village (V) zones.
C. Regulating Plan Progression:
1. Developer may meet with Staff at any time for feedback on a potential project.
2. Technical Review through the Design Review Committee.
a. If required by the Highway Corridor (HC) or Village (V) zones Land and Building Uses regulations in Section 18.19.070: Land and Building Uses, or by the Design Review Committee, a CUP must be approved by the LUDC for the project to proceed.
3. Staff review of project per Zone standards, including checklists for compliance.
4. When approved, project proceeds to Building Permit and other permit applications. (Ord. 847, 2022)
18.19.050: STREETS AND RIGHTS-OF-WAY:
A transportation network is planned to enhance pedestrian and bicycle mobility within and to the Chubbuck Village area. The arrangements, character, extent, width, grade, and location of streets shall conform to the Chubbuck Village Specific Plan, shall integrate harmoniously with existing and planned streets, shall enhance the public convenience and safety and shall facilitate the proposed uses of the land
to be served by such streets
A. Street and pedestrian corridor development shall be in accordance with the Chubbuck Village Functional Class Road Map in the Chubbuck Village Specific Plan, Goal 1.
Properties which are adjacent to streets and/or walkways, or which have proposed streets and/or pedestrian corridor locations containing the streets and/or walkways shall develop/redevelop as follows:
1. Right-of-way and improvements required for Evans Ln, E. Linden Ave, and S. Burley Drive, and other street where angled parking is used (see Figure 19.1: Eighty-five Feet Right-of-Way with Angled Parking, below) require 85 feet of right-of-way (ROW), which includes a 10 feet sidewalk on either side of the street.
2. Right-of-Way and Improvement Requirements for all other streets where parallel parking is used (see Figure 19.2: Seventy Feet Right-of-Way with Parallel Parking, below) require 70 feet of ROW, which also includes a 10 feet sidewalk on either side of the street.
3. The typical location and dimension of striping, trees and curb extensions (see Figure 19.3: Angled Parking with Trees and Curb Extensions, below) for the streets with angled parking.
4. Pedestrian corridors (or walkways/paseos) shall be designed in relationship with their surrounding building environment at the pedestrian scale.
a. Standard with for pedestrian/multi-use corridor is a 10 feet wide hard surface.
b. Building façades along an existing or planned pedestrian corridor or paseo per the adopted Chubbuck Village Specific Plan shall meet the design and frontage standards of this chapter.
5. Alleys in the Highway Corridor and Village zones are encouraged to provide access to off-street parking, sanitation, commercial unloading, etc.
a. Public alleys shall be a minimum twenty-four feet (24') wide and accommodate snow removal. Dead end alleys shall be avoided.
b. In addition to right-of-way, alleys shall be designed as usable and programmable public space.
B. Defined streetscapes shall be constructed and dedicated for public use and enjoyment and the enhancement of the public space through the development exaction and/or building permit process. The City shall identify street furniture such as streetlights, trash receptacles, benches, bicycle racks, etc. for installation in the public right-of-way within the Highway Corridor and Village zones.
C. Easements for pedestrian corridors or paseos per the adopted Chubbuck Village Specific Plan shall be dedicated to the city and/or to the public for access, concurrent with issuance of building permits or approval of plats. Easements shall be of adequate width to accommodate the facility including necessary features such as retaining walls, ditch banks, safety features, Americans with Disabilities Act (ADA) requirements, etc.
D. Bicycle racks shall be provided to encourage biking to the area and to prevent the use of trees, benches, trash bins, etc. from being used for securing bicycles. Bicycle racks, particularly those in the ROW, shall be located to comply with the Americans with Disabilities Act. They should be in either the furnishings zone or on curb extensions where possible.
E. Sight triangles shall be maintained at intersections and driveways for public safety and will be addressed in the technical review per Section 18.19.040: Regulating Plan.
F. Street names in the Chubbuck Village area shall be reflective of natural features with proximity to Chubbuck, or to geographic features recognized commonly in the state of Idaho.
G. All other requirements for street design and construction shall apply. (Ord. 847, 2022)
18.19.060: DESIGN AND FRONTAGE:
A. These standards focus on form and function of the public realm to a greater extent than traditional zoning which aims primarily to separate land uses. It is not the intent of this ordinance to restrict creative building and site designs. The architectural standards reflect the need to create buildings that enhance the public realm, which are compatible with surrounding (current and planned) structures and spaces, and that create an appealing visual interest without being overly prescriptive.
Of particular interest is ground-level architecture and design that pedestrians and others visiting the Chubbuck Village area find the streets and pedestrian corridors interesting and engaging, factors which encourage walking, particularly in the Village Zone. This can be accomplished through elements such as store front windows with retail displays, outdoor dining areas, courtyards, art displays, horizontal expression lines, and placing restrictions on unbroken façade appearances, etc. Table 19.1: Design and Frontage Standards lists standards for the two Chubbuck Village zones.
DESIGN AND FRONTAGE | HIGHWAY CORRIDOR | VILLAGE |
Build-to Line/BTL | ||
10 feet minimum, 40 feet maximum | 0 feet, building or courtyard/patio at sidewalk | |
Side street façade | 10 feet minimum, 20 feet max | 0 feet, building or courtyard/patio at sidewalk |
Property Line Setback (Non-Street) | ||
0 feet minimum, maximum 33% of lot width | 0 feet minimum, maximum 25% of lot width | |
Rear setback | 0 feet minimum | 0 feet minimum from non-residential or mixed use; 10 feet minimum from residential |
Frontage and Building Façade Width and Height | ||
Minimum lot width | 25 feet minimum | 25 feet minimum |
67% minimum | 75% minimum | |
Side or rear street façade1 building width of parcel | 50% minimum | 60% minimum |
Minimum Building Height 2 | 25 feet minimum | 25 feet minimum on Evans Ln, E Linden Ave, Burley Dr, Chubbuck Rd; 20 feet minimum other streets |
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 feet minimum | 12 feet minimum |
Upper Floor Ceiling Height | 9 feet minimum | 9 feet minimum |
Windows and Transparency | ||
Window Orientation - Standard Openings | Vertical or horizontal; horizontal windows must be no longer than 10 feet 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 feet maximum | 15 feet maximum |
Transparency4 - Ground Floor, low to high | Minimum 3 feet above sidewalk to 8 feet above sidewalk | Minimum 3 feet above sidewalk to 8 feet above sidewalk |
Transparency Depth, Ground Floor | 15 feet | 8 feet |
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 feet | Minimum every 30 feet |
Horizontal Expression Line | Must be within 3 feet of 1st floor ceiling | Must be within 3 feet 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 feet above city sidewalk | 10 feet |
Ground Floor Extensions Allowed | Awning5, Canopy | Awning5, Canopy |
Ground Floor Encroachment into ROW | ITD ROW 0 feet; city (side) streets up to 3 feet | Up to 3 feet |
Upper Floor Extensions Allowed | Balcony, Bay Window6, Eave | Balcony, Bay Window6, Eave |
Upper Floor Encroachment | ITD ROW 0 feet; city (side) streets up to curb line, maximum 6 feet | Up to curb line, maximum 6 feet |
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 feet from any single-family structure |
Privacy Walls/Fences for patios, private areas7 | Maximum 72 inches high, set 10 feet to 15 feet from ROW | Maximum 72 inches high, set 10 feet to 15 feet 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 |
1) If the rear of a building extends through the block to another street it shall follow standards for Windows and Transparency and Architectural Features and Extensions. 2) Measured to top of parapet/cornice, peak of roof, etc. Buildings, including accessory structures, without direct street frontage and located more than 100 feet from the ROW may be exempted from minimum height requirements. 3) Rectangular windows on the ground floor may be approved wider than the height if muntins are used to soften the horizontal appearance. Windows with muntins must be consistent across the ground floor façade. 4) Windows must not be made opaque by window treatments except operable sunscreen devices. Bronze tint or reflective glass is not allowed. 5) Awnings must not conceal horizontal expression line. In the Village zone awnings may not be backlit. 6) Bay windows must be open/have windows on all sides. 7) Screening or privacy fences and walls are allowed adjacent to patios, outdoor dining areas, etc. in side and rear yards. If visible from the sidewalk they must be broken at least every 12 feet by a pilaster or post. Pilasters and posts may extend up to 6 inches higher than the fence. Posts in vinyl fences must vary in color from the fence panels. Landscaping required between wall/fence and ROW or property line. See Section 18.19.080: Landscaping Standards . | ||
B. Courtyards and patios opening to the sidewalk are encouraged and shall include the following features:
1. Partial walls, fences of metal or other secure material, and/or landscape beds shall follow the right-of-way boundary line between the courtyard or patio entry and the adjacent building or side property line to maintain the BTL (see Figure 19.6: Courtyards and Patios in Relation to the Build-to Line).
2. Each building elevation facing the courtyard or patio on the same parcel must include at least one public entry.
3. Courtyards and patios must include some pervious surface such as paving bricks or planting beds.
C. Building façades along an existing or planned pedestrian corridors per the adopted Chubbuck Village Specific Plan shall meet the design and frontage standards of this chapter.
D. Horizontal expression lines above the first-floor ceiling help define the pedestrian sphere with a break in color and texture. They are required on all façades facing a street or pedestrian corridor. The horizontal expression line may be created with a stringcourse, belt course, lintels, etc.
E. Structures currently existing at the time of this code adoption shall be allowed to remain in their current form and function, however:
1. Rehabilitations such as re-roofing, replacing windows, etc. which do not affect the external dimensions of the structure or make changes to the exterior of the building do not require compliance with the design and frontage standards of this chapter.
2. Rehabilitation plans which do not affect the external dimensions of the structure but that replace the siding, cladding, or other non-structural façades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, must be presented by the building owner for approval by the design review committee demonstrating that the project will meet as many of the design and frontage standards of this chapter as are feasible.
3. Horizontal and/or vertical additions to existing buildings require that the addition be constructed to meet the design standards of this chapter.
If the value of the new addition will exceed the value of the existing building, as determined by a professional appraiser, county assessor, or other party as accepted by the applicant and design review committee, the entire building shall be brought into compliance with the various design standards of this Chapter. The building owner must present plans for approval by the design review committee demonstrating that the façades of the existing building will meet as many of the design and frontage standards of this chapter as are feasible.
4. Additions to existing structures or expansion of businesses on parcels abutting the railroad right-of-way are exempt from the design and frontage standards of this chapter if they are not clearly visible from the adjacent sidewalk on Burley Dr. Alternatively, if such an addition or expansion would otherwise be visible from the adjacent sidewalk, improvements to the property frontage that enhance the pedestrian atmosphere and/or meet design and frontage standards of this chapter may be approved by the design review committee.
(Ord. 847, 2022; amd. Ord. 863 § 2, 2023)
18.19.070: LAND AND BUILDING USES:
A. Pedestrian Emphasis. The Highway Corridor and Village zones place more emphasis on the pedestrian experience through the placement and height of buildings to frame the street, and enhanced sidewalks, walkways, and landscaping. The buildings that line the street are less restricted in their use than traditional zoning, creating a more interesting and livable atmosphere. See Table 19.2: Land and Building Uses for specifics on land and building uses that are permitted, conditionally permitted, not allowed, or have limitations.
LAND AND BUILDING USES | ZONE
| ||
P - Permitted Use, C - Conditional, X - Not permitted | HC | V | |
LAND AND BUILDING USES | ZONE
| ||
P - Permitted Use, C - Conditional, X - Not permitted | HC | V | |
Agricultural/natural resources: | |||
Agricultural (except livestock) | X | X | |
Agricultural feed and seed store | C | C | |
Asphalt plant | X | X | |
Concrete batch plant | X | X | |
Livestock | X | X | |
Riding stable of school | X | X | |
Wood processing plant | X | X | |
Arts, entertainment, tourism, recreation: | |||
Amusement center | P | P | |
Aquatic/activity/recreation center | P | P | |
Art gallery | P | P | |
Dance, music or voice studio | P | P | |
Exercise salon | P | P | |
Golf course | P | P | |
Martial arts instruction | P | P | |
Museum | P | P | |
Civic services: | |||
Cemetery | P | P | |
Church | C | C | |
Government facility | P | P | |
Newspaper, printing and publishing | P | P | |
Publishing | P | P | |
School | C | C | |
TV studio, radio station | P | P | |
Commercial retail: | |||
Automotive parts store | P | P | |
Automotive sales | X | X | |
Bakery goods store | P | P | |
Bookstore | P | P | |
Convenience store | C | X | |
Department store | P | P | |
Drive-in / Drive-through establishment | C | X | |
Equipment rental and sales yard | X | X | |
Greenhouse (1 story) | X | C | |
Grocery store | P | P | |
Hobby store and crafts | P | P | |
Industrial and agricultural equipment sales and supply | X | X | |
Pet shop and supplies | P | P | |
Production building sales | X | X | |
Recreational vehicle sales, service and supply | X | X | |
Restaurant | P | P | |
Retail stores and services | P | P | |
Roadside stand | P | P | |
Sexually oriented business | X | X | |
Tire shop, including recapping | C | X | |
Yard and garden sales and services | X | C | |
Commercial services: | |||
Animal care site1 | P | P | |
Auction service2 | P | P | |
Car wash | C | X | |
Cleaning, laundry shop | P | P | |
Exterminating company | P | X | |
Hotel | P | P | |
Kennel commercial | X | X | |
Kennel hobby | X | X | |
Motel | X | X | |
Office professional (less than 10,000 square feet) | P | P | |
Office professional (greater than 10,000 square feet) | P | P | |
Photographic studio | P | P | |
Printing | P | P | |
Service station | P | X | |
Wedding chapels, services | P | P | |
Health and human services: | |||
Barber/beauty shop | P | P | |
Bathhouse, sauna, mineral | P | P | |
Childcare center | P | P | |
Funeral home | P | P | |
Hospital | P | P | |
Lab, medical, dental or optical | P | P | |
Nursing home | P | P | |
Shelter home | P | P | |
Industrial/manufacturing: | |||
Battery manufacture | X | X | |
Beverage bottling plant3 | P | P | |
Cement or clay products manufacture | X | X | |
Chemical storage and manufacture | X | X | |
Contractor shop and yard | X | X | |
Food processing plant4 | P | P | |
Furniture/cabinet shop5 | P | P | |
Ice and dry ice manufacturing | X | X | |
Laboratory research | X | X | |
Machine shop | X | X | |
Manufacturing heavy | X | X | |
Manufacturing light | X | X | |
Meat packing plant | X | X | |
Public utility yard | X | X | |
Railroad yard site | X | X | |
Recycling center | X | X | |
Rendering plant | X | X | |
Well drilling | X | X | |
Residential: | |||
Home occupation major - including live-work spaces6 | P | P | |
Home occupation minor | P | P | |
Production buildings7 (for other uses allowed): | |||
Class I | X | X | |
Class II | X | X | |
Class III (outside production buildings cluster arrangements) | X | X | |
Class III (within production buildings cluster arrangements) | X | X | |
Residential dwellings8: | |||
Single household dwelling | X | X | |
Duplex | X | X | |
Threeplex | X | X | |
Fourplex | X | X | |
Townhouses9 | P | P | |
Apartments | P | P | |
Accessory dwelling10 | P | P | |
Zero lot line residence, abutting or detached (subject to restrictions) | X | X | |
Warehouse and storage: | |||
Commercial laundry service | X | X | |
Feed manufacture and storage | X | X | |
Frozen food locker | X | X | |
Fuel yard | X | X | |
Grain storage | X | X | |
Moving and storage company | X | X | |
Nonresidential production building (for uses allowed) | X | X | |
Parking lot, garage or facility11 | X | X | |
Production building cluster arrangement | X | X | |
Salvage site | X | X | |
Sanitary landfill | X | X | |
Self service storage facility | X | X | |
Site buildings (for uses otherwise allowed) | X | X | |
Terminal yard, trucking | X | X | |
Vehicle storage site | X | X | |
Warehousing, wholesaling | X | X | |
1) Veterinary and grooming services permitted; no boarding of animals not in veterinary care without a conditional use permit. | |||
2) No external display of activity. | |||
3) Permitted as accessory use to restaurant only, not primary use.
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4) Permitted as accessory use to restaurant, bakery, grocer, etc. with greenhouse.
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5) Allowed in live-work structures, see Section 18.12.032 Home Occupations of this title.
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6) Property owner must provide written permission. In live-work spaces, as with home occupations, the workspace is an accessory to the living space. Noxious fumes may not be emitted and noise must be contained within the structure. See Section 18.12.032 Home Occupations of this title.
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7) Classes I, II, and III buildings are not allowed. Repurposed and stacked shipping containers may be conditionally permitted by the LUDC for permanent residential or non-residential uses.
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8) Other residential dwelling types (lower density) are not allowed because of land consumption; single household dwellings, duplex and twin homes, and standard 3- and 4-plex buildings.
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9) Adjacent townhouse façades must be offset in depth from one another or vary in color, texture, or materials, etc.
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10) ADU does not require CUP or notification of other property owners. 1 per building; additional units defined as apartments.
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11) Parking garages are permitted in both HC and V zones. | |||
B. Nonconforming Uses: Land and building uses currently existing at the time of this code adoption are considered legal non-conforming uses and shall be allowed to remain in their current form and function, however at the time of a change to a different land use group as outlined in Table 19.2: Land and Building Uses above, the new land use must be permitted in conformance with this chapter. (Ord. 847, 2022)
18.19.080: LANDSCAPING STANDARDS:
A. The following standards for landscaping in the Highway Corridor and Village zones provide for healthy and aesthetic landscaped frontage areas to carry the pedestrian experience and attractiveness beyond the street (see Table 19.3: Landscaped Area Requirements Outside Public Right-of-Way). Improvements listed below will shade larger expanses of pavement and reduce heat island effect. They are also designed to improve the aesthetics and environment within parking areas, and to decrease the visual impact of vehicular areas (and undeveloped areas) from sidewalk and street.
B. Standards apply to:
1. All new development;
2. Physical changes and improvements to vehicular areas (such as expansion, new driveway, or new landscape beds (excluding maintenance such as resurfacing or restriping). In such cases the landscaping standards take precedence over parking space requirements; and
3. Alteration to an existing principle building that results in an increase of greater than or equal to 25% gross floor area.
REQUIREMENT | HIGHWAY CORRIDOR | VILLAGE |
REQUIREMENT | HIGHWAY CORRIDOR | VILLAGE |
Streetside and Interior Landscaping | ||
Front/Side Street Landscaping Depth | Front 30 feet minimum, side 10 feet minimum | Back of sidewalk to parking area or to building or courtyard/hardscaped area (if not at sidewalk/ROW line) |
Side and Rear Property Line Landscaping Width | 5 feet minimum between parking/vehicular areas and property line; spaces between buildings (if not at property line) may include hardscape and must include pedestrian safety features for review | 5 feet minimum between parking/vehicular areas and property line; spaces between buildings (if not at property line) may include hardscape and must include pedestrian safety features for review |
Landscaping at Alley | Not required | Not required |
Interior Landscaping and Hardscapes | All unpaved areas must be landscaped or hardscaped with landscape elements | All unpaved areas must be landscaped or hardscaped with landscape elements |
Shrubs and Ground Cover | ||
Turf Grass | Maximum 50% of landscaping, not permitted in parking areas | Not permitted in parking areas |
Shrub Size at Planting | Minimum 3 gallon | Minimum 3 gallon |
Shrub Size at Maturity | Minimum 30 inches | Maximum height approx. 42 inches |
Shrub placement/spacing in street frontage/setback | Minimum 3 per 50 linear feet of frontage | Minimum 3 per 50 linear feet of frontage, must be spaced greater than or equal to 4 feet apart to allow for pedestrian visibility and safety at maturity |
Shrub placement/spacing for side / rear property line landscape beds | Minimum 3 per 50 linear feet | Minimum 3 per 50 linear feet |
Trees in Street Frontage | ||
Tree size at planting - Front and side street frontage | 2 inch caliper at breast height, minimum tree height 6 feet | 2 inch caliper at breast height, minimum tree height 6 feet |
Trees Selection for front/side street frontage areas (Approved List1) | Trees within 10 feet of sidewalk must be approved as street trees on list | Trees within 10 feet of Sidewalk must be noted as approved street trees per the list, and must not bear fruit nor be marked as messy for streets |
Tree placement/spacing in street frontage | Minimum 1 tree per 50 linear feet | Minimum 1 tree per 50 linear feet required where setback is greater than or equal to 5 feet however, to maintain appropriate spacing and size from/ between street trees and streetlights adjustments may be approved by the design review committee |
Vehicular Area Landscaping (Parking and Drive Aisles) | ||
Trees in Parking Areas - Heat Island Reduction2 | Each parking stall (side or corner, etc.) must be within 60 feet of a tree trunk | Each parking stall (side or corner, etc.) must be within 60 feet of a tree trunk |
Vehicular Area Setback | All area between sidewalk and vehicle area must be landscaped; tree and shrub standards apply | All area between sidewalk and vehicle area must be landscaped; tree and shrub standards apply |
Shrubs in vehicular area landscape beds | Less than or equal to 50 square feet - 0; 50-100 square feet - 2 shrubs; greater than or equal to 100 square feet - 3 shrubs | Less than or equal to 50 square feet - 0; 50-100 square feet - 2 shrubs; greater than 100 square feet - 3 shrubs |
Planting beds size in parking areas | Minimum 50 feet square feet, minimum 5 feet on any side | Minimum 50 feet square feet, minimum 5 feet on any side |
1) The City of Pocatello approved street tree list applies to the landscape strips in the Chubbuck Village. | ||
2) The City of Pocatello approved street tree list includes suggestions for trees in parking areas. | ||
(Ord. 847, 2022)
18.19.090: PARKING STANDARDS:
A. Parking Standards for Highway Corridor and Village zones are designed to ensure appropriate levels of parking, loading, etc. for a variety of uses (see Table 19.4: Parking Area Standards). The standards provide flexibility for small site development and maximize on-street and shared parking. These measures will help reduce fragmented single-purposed parking, and provide the ability to, and promote, park-once and enjoy Village streets on foot or by bicycle. Standards apply to:
1. All new construction of primary or accessory buildings, or expansion of less than or equal to 25%.
2. New or reconstructed parking facilities, including driveways and loading areas.
3. Improvements to existing vehicular areas, including enlargement or reconfiguration.
4. Demolition or destruction of main building on site.
B. General Regulations:
1. Parking spaces and drive aisle standards:
a. Standard spaces must be at least 9 feet wide and 18 feet long.
b. Parallel parking spaces must be at least 8 feet wide and 20 feet long.
c. Drive aisles must be at least 20 feet wide. Exceptions for 1-way drive aisle width may be granted between rows of angled, parallel, or mixed angled/parallel parking.
2. Office/professional is based on net leasable floor space - common areas, restrooms, etc., are excluded if the building/site includes a mixture of nonresidential uses the combined total of required spaces may be reduced to 75%.
3. No off-street parking allowed in front of main building.
4. As with requirements for automobile parking, secure bicycle parking shall also be provided.
PARKING STANDARDS | HIGHWAY CORRIDOR | VILLAGE |
Setback and Frontage | ||
Primary Street Setback | 30 feet minimum | 10 feet minimum |
Side/Rear Street Setback | 10 feet minimum | 10 feet minimum |
Alley Setback | 0 feet minimum | 0 feet minimum |
Primary Street Width | 33% maximum1 | 25% maximum1 |
Side Street Width | 50% maximum1 | 25% maximum1 |
Screening and Landscaping | ||
Screening from Street | See Landscaping Requirements | See Landscaping Requirements |
Landscaping within Parking Areas | See Landscaping Requirements | See Landscaping Requirements |
Bicycle Parking | ||
Secure Bicycle Accommodations | Required for patrons, employees; see Table 19.5 | Required for patrons, employees; see Table 19.5 |
Driveways and Access | ||
Driveway Locations Permitted2 | Alley, 50 feet minimum from street; if no alley- rear street or shared driveway from side street | Alley, 50 feet minimum from street; if no alley- single access on rear street, or shared on primary or side street |
Single Driveway Locations (may be Conditionally Permitted by Design Review Committee) | Single driveway from side street; (ITD has authority for access to Yellowstone) | Single driveway from side street preferred over primary street |
1) For example, no more than 33% of highway frontage may be occupied by vehicular areas/parking. See Figure 19-7: Frontage Width on Primary Street, below. | ||
2) Off-street parking for residential uses shall not have individual access to, nor spaces/garages facing, a public street. | ||
C. Parking Requirements: The standards in Table 19.5: Auto and Bicycle Parking Minimum Requirements, below, are reduced from requirements in other areas of the city, are intended to decrease chances that the Chubbuck Village area will be “over-parked,” and decrease the amount of land consumed by parking rather than active land uses and buildings.
1. Sites with permanent or long-term shared parking agreements are eligible for reduced parking requirements. Off-site non-residential parking is permitted per the following site standards:
a. Must be within 800 feet and not across Yellowstone Avenue from site.
b. Must be subject of long-term lease approval or permanently dedicated.
2. On-street parking stalls adjacent to a property may be included in the non-residential parking spaces requirement. One third of on-street parking stalls within three hundred feet (300 feet) of a public building entrance (door or courtyard) or employee entrance may also be included in the parking requirement.
3. Where uses locate in Chubbuck Village which exceed the number of street parking stalls fronting the property, the city may require that monies be collected towards the creation of parking in a common parking area or garage in or near the district.
4. As with other areas of the city, the Chubbuck City Council may consider deviations in parking requirements on a project-by-project basis.
LAND/BUILDING USE | AUTOMOBILE SPACES | BICYCLE SPACES1 |
LAND/BUILDING USE | AUTOMOBILE SPACES | BICYCLE SPACES1 |
Residential Uses | ||
Apartments - Studio/1 bedroom | 1 per unit | No requirement for units with private storage or garage 1 per 10 units (minimum 2, maximum 12), no requirement for structures with 9 or fewer units |
Apartments - 2+ bedrooms | 1 assigned per unit, .8 unassigned per unit | |
Townhouses2 | 1 assigned per unit, .8 unassigned per unit | |
Nonresidential Uses3 | ||
Assembly (Arena, Auditorium, Convention Space, Funeral Home, Worship) | 1 per 5 fixed seats (bench seating 30 inches equals 1 seat), or for non-fixed seating 1 per 100 net square feet (plus 1 per 500 square feet for other on-site assembly-type uses, i.e., nursery school, classroom) | 1 space per 2% of parking requirement (minimum 2) Example: 250 seat building equals 50 parking spaces plus 2 bike spaces |
Dining, taverns, night clubs | .5 per seat | Dining 1 per 10,000 square feet (minimum 2); taverns and nightclubs 0 required |
Hospital/Treatment Center | .5 per bed, including post-op, outpatient, etc. | 1 per 20,000 square floor area (minimum 2) |
Library, Museum, Gallery | 1 per 500 net square feet | 1 per 10,000 net square feet (minimum 2) |
Lodging | 1 per room, plus 1 for each 50 rooms or fraction thereof Accessory uses such as convention / restaurant on-site add 50% of the required spaces per specific land use | Lodging 0 required 50% of normal requirement for other/accessory uses on-site |
Office (incl Govt), all other Commercial Services | 1 per 300 net square feet (leasable), upper floors 1 per 400 net square feet | 1 per 10,000 net square feet (minimum 2) |
Other Recreational or entertainment uses | TBD | TBD |
Retail | 1 per 350 net square feet | 1 per 10,000 net square feet (minimum 2) |
1) Based on recommendations by the Association of Pedestrian and Bicycle Professionals for bicycle parking guidelines. | ||
2) Townhouses must face the street and be alley or rear loaded (with all vehicle access, parking/garages in rear). | ||
3) Nonresidential requirements: a. May be reduced for parking shared between multiples uses or businesses with different hours of peak demand. b. For uses not identified, follow requirements per Section 18.08.046: Off Street Parking Requirements of this title. | ||
(Ord. 847, 2022)
18.19.100: SIGNAGE STANDARDS:
A. Purpose: Signage Standards for the Highway Corridor and Village Zones strengthen the economic and aesthetic appeal of the area through elevating sign standards and regulations. The visual quality, appropriate scale, and effective display of signs contribute to the identity, brand, and atmosphere of zones. Specifically:
1. Provide the public, property owners, and businesses an opportunity for safe and effective means of communication, reducing visual distractions and obstructive views from potentially creating safety hazards for motorists, pedestrians, and bicyclists.
2. Coordinate the location and type of signage with existing and proposed street frontage landscaping in a manner that that contributes to the character and economic health of the zones and individual projects and investments, and enhances the aesthetic quality of the area.
3. Provide clear and understandable regulations that enable the fair and consistent enforcement of these standards.
B. General Standards and Requirements:
1. New or Reconstructed Signs. All new signs and structural improvements to existing signs shall comply with these regulations.
2. Change in Use for Single Business Signage. For signage serving one business, whenever the existing use is changed to a new use requiring any change of signage content or face, the new sign, face, and content shall comply with these regulations.
3. Sign area. The sign area shall be measured from the outside edge of the sign face.
a. The area of a sign consisting of two sides shall be computed by adding together the total area(s) of both sides.
b. The total area of a sign with more than two faces shall be calculated using the area of the largest 2 faces.
c. The total area of a 3-dimensional sign structure shall be calculated by measuring the profile of the sign as 1 side and doubling the figure to calculate the total area.
d. See Table 19.6: Sign Standards by Type and Zone for specific requirements.
4. Prohibited signs. The following sign types are prohibited in the Highway Corridor and Village Zones:
a. Off-premise signs.
b. External Temporary signs other than A-Frame/Sandwich Board signs.
c. Signs with moving, spinning, animated, or flashing parts, including wind-driven signs and running lights.
d. Electronic message displays, electronic reader boards, and video displays.
e. Inflated or balloon signs.
f. Billboards are prohibited throughout the city.
C. Signs Requirements by Type and Zone: Various sign types and sizes are allowed in the Highway Corridor and Village Zones, depending on the zone and building façade (see Table 19.6: Sign Standards by Type and Zone).
SIGN TYPE | HIGHWAY CORRIDOR | VILLAGE |
SIGN TYPE | HIGHWAY CORRIDOR | VILLAGE |
Awning1 | P May extend into city ROW per Design and Frontage standards in 18.90.060 | P May extend into city ROW per Design and Frontage standards in 18.90.060 |
Canopy1,2 | P May extend into city ROW per Design and Frontage standards in 18.90.060 | P May extend into city ROW per Design and Frontage standards in 18.90.060 |
Hanging1 | P Maximum 12 square feet Maintain clear height at least 10 feet above sidewalk, may extend 3 feet into City ROW; if beneath awning maintain 8 feet clearance | P Maximum 12 square feet Maintain clear height at least 10 feet above sidewalk, may extend 3 feet into City ROW; if beneath awning maintain 8 feet clearance |
Monolith2 | P Height 25 feet maximum Width 6 feet maximum Must have solid base | P Height 12 feet maximum Width 4 feet maximum Must have solid base |
Monument2 | P Height 6 feet maximum Width 12 feet maximum Must have solid base | P Height 5 feet maximum Width 8 feet maximum Must have solid base |
Pole | N | N |
Projecting1 | P Maximum 12 square feet Maintain clear height at least 10 feet above sidewalk, may extend 3 feet into City ROW; if beneath awning maintain 8 feet clearance | P Maximum 6 square feet Maintain clear height at least 10 feet above sidewalk, may extend 3 feet into City ROW; if beneath awning maintain 8 feet clearance |
Pylon | P Height 25 feet maximum Width 8 feet maximum Separation minimum 250 feet Each leg must be at least 2 feet wide | N |
Site Directional/ Directory | P Height 3 feet maximum | P Height 3 feet maximum |
Roof | P Maximum 1 square foot per linear foot of façade, 1 sign per building | N |
Temporary A-frame/ Sandwich Board3 | P | P |
Wall signs: | P May not extend above parapet | P May not extend above parapet |
Window signs4 | P | P |
1) Of this group of signs (awning, canopy, hanging, projecting, wall) no more than 3 signs allowed per street frontage; total sign area allowed per building, or establishment with exterior entrance, is 1 square feet per linear feet of frontage or 24 square feet, whichever is greater. | ||
a. Total of all signs on multi-tenant building frontage shall not exceed 100 square feet. | ||
b. Hanging or projecting signs under a canopy or awning are limited to 3 square feet per business entrance. | ||
2) Changeable copy may be incorporated into a canopy, monolith, or monument sign, up to a maximum of 20% of the sign area but not to exceed 6 square feet. Changeable copy includes only single-color static digital displays. Full-color displays or reader boards are not allowed. | ||
3) Temporary signs. A-Frame/Sandwich Board signs are allowed on sidewalks but must not restrict the flow and safety of any mode of traffic and must be removed daily. Limit of 1 sign per retail/restaurant establishment, maximum height 3 feet. | ||
4) Permanent and semi-permanent window signs such as lettering, etching, or open/closed signs need no permit if they do not exceed 10% of the glass area of the window and do not obstruct the required view of depth to 15 feet from the sidewalk. Temporary window signs may occupy an additional 10% of the window area and shall meet the same standards for permanent and non-permanent signs. | ||
D. Nonconforming Signs: Permanent signs existing at the time of this code adoption shall be allowed to remain in their current form and function however:
1. Nonconforming signs shall not be enlarged, expanded, extended, nor shall any additional sign be added to the support structure of a nonconforming sign. Permanent and temporary attachments, including banners, may not be attached to the sign. Any proposed alteration shall be made only for bringing the entire sign into conformity.
2. General repairs, maintenance, and change to a sign face or advertising copy that does not include replacing a static sign with an electronic message display (EMD) are not considered alterations.
3. A sign that is removed for public purposes such as for utilities or street expansion or repair, may be replaced, and may be placed in an appropriate location as provided by the city, provided there is no increase in the height or size of the sign. Any other nonconforming element of the sign must be brought into conformance. A nonconforming sign that is voluntarily replaced shall be replaced with a conforming sign.
4. If more than 50% of a nonconforming sign is damaged by any means, as measured by total replacement cost of both the sign and structure prior to such destruction, it shall be considered destroyed and shall not be brought back into service or use except in conformity with the provisions of this section. (Ord. 847, 2022)