HomeMy WebLinkAbout0628 Residential Rental Dwelling 2006CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 6 2 8
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING SECTION
18.06.200 DEFINITION FOR RESIDENTIAL RENTAL DWELLING; AMENDING
SECTION 18.08.040 SCHEDULE OF GENERAL CONTROLS AS TO RESIDENTIAL
USE; ADOPTING SECTION 18.12.030 (P) SPECIFYING PROCEDURES TO OBTAIN
A PERMIT FOR A RESIDENTIAL DWELLING; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS
AND PROVISIONS OF CHAPTERS 18.06 AND 18.08 NOT HEREIN AMENDED
SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Adoption of Definition. The following Section 18.06.200 is hereby adopted:
18.06.200 Residential Rental Dwelling A term used to describe a single-family dwelling
in which all, or a portion of, the structure is made available for nontransient lodging for
compensation for any household unit as defined herein other than the owner of the premises,
whether or not the owner also occupies the premises. Multi -unit dwellings (apartment buildings,
threeplexes or fourplexes) are not included. A single-family dwelling converted to allow a small
apartment for either a family member or a non -family member may be conditionally permitted if
the use does not adversely impact the neighborhood with appropriate conditions. As part of the
factors to be considered, in addition to those set forth in Section 18.28.040, shall be whether the
dwelling is owner occupied, whether adequate off-street parking is available, whether
neighboring property owners object, and what provisions are made for the general upkeep of the
property.
Section 2. Amended Schedule.
18.08.040: Schedule of General Controls:
A. Land Uses by Districts:
LAND USES
Residential dwellings (subject to
density restrictions)
Single -household dwelling
Duplex
Threeplex
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DISTRICTS
A R-1 R-2 R-3 R-4 C-1 C-2 I
P P P P C C C X
C X P P P C C X
X X X P P C C C
Fourplex
Apartment building
Residential rental dwelling
Zero lot line residence (subject to
restrictions
CJ
X
X
X
P
P
C
C
C
X
X
X
X
P
C
C
C
C
P'
P,
P
P
P
C
C
C
C
P
P
P
C
C
X
1 Permitted if owner occupied and no objections by any person as set forth in subsection 18.12.030(P) of this title.
If there are objections or if not owner -occupied, the applicant must apply for a conditional use permit.
Section 3. Adoption of New Section 18.12.030 (P). The following section 18.12.030
(P) is hereby adopted:
P. Permit Procedures For Residential Rental Dwelling:
a. Any person applying for a Residential Rental Dwelling shall make application
as set forth in this title; provided, however, that person shall, on an application
form provided by the city, list the names and addresses of all owners of record and
known occupants of property within the external boundaries of the land being
considered and, from the outermost points where applicant's property borders the
city street, for three hundred feet (300) each way from that point along and on
either side of said city street.
b. If the applicant will own and occupy the property and all of the above
described owners or occupants sign applicant's application for a Residential
Rental Dwelling permit, then said permit shall be granted. If any occupant or
owner of record refuses to sign, then applicant shall be required to have a
conditional use permit for the Residential Rental Dwelling.
c. If applicant does not own the property and/or will not occupy the property, the
applicantwill be required to have a conditional use permit for the Residential
Rental Dwelling.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
All other sections and provisions of Chapters 18.06, 18.08 and 18.12 not herein amended shall
remain in full force and effect.
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Section 2. Severability. If any provision of this ordinance is held invalid, for any reason,
by any court of competent jurisdiction, such holding shall not affect the validity or enforceability
of any of the remaining provisions.
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 hereby dispensed with, and this Ordinance shall
become effective upon its passage, approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUEBUCK, IDAHO, this 14th-dayof november .2006.
XAYOR STEVEN M. GLAND
ATTEST:
RON CONLIN, C17Y CLERK
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