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0556 Zero Lot Line 2002CITY OF CHUBBUCK, IDAHO ORDINANCE NO.' 5 - • AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 18.12.040(I) TO CONFORM THIS SECTION TO 18.08.010 WITH RESPECT TO ABUTTING ZERO LOT LINE RESIDENCES AND THE DENSITY RESTRICTIONS UNDER OTHER PROVISIONS OF THE CHUBBUCK MUNICIPAL CODE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 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. Section 18.12.040(I) is amended as follows to conform this Section with the restrictions on density set forth in 18.08.010 and other Sections of the Chubbuck Municipal Code: 18.12.040 Miscellaneous Supplemental Controls: I. Density Restriction for Abutting Zero Lot Line Residences, Duplexes, Threeplexes, and Fourplexes: In order to maintain an appropriate mixture of single -household dwellings, abutting zero lot line residences, duplexes, threeplexes, and fourplexes, the design review committee, land use and development commission, city council, and city staff shall, in reviewing applications for building permits, design review clearance, and condition use permits for abutting zero lot line residences, duplexes, threeplexes, and fourplexes, attempt to achieve a balance among these types of residential dwellings. Within the limited residential district (R-2), building permits for abutting zero lot line residences and duplexes shall be granted or denied so as to ensure that no more than ten percent (10%) of the structures in any distinct geographical area or subdivision are duplexes. In general residential land use districts (R-3) design review clearance and building permits for abutting zero lot line residences, duplexes, threeplexes and fourplexes shall be granted or denied so as to ensure that the number of such structures do not exceed twenty-five percent (25%) of the total structures located in any distinct geographical area or subdivision. Conditional use permits, building permits, and design review clearance should also be granted or denied within the limited residential (R-2) and general residential (R-3) land use districts so as to avoid any clustering of double or multiple -household dwellings in any particular section of a distinct geographical area or subdivision in conflict with the stated goal of establishing a diversity of residential uses in these land use districts. Conditional use permits may be issued so as to cluster abutting zero lot line residences and duplexes within a limited residential (R-2) and abutting zero lot line residences, duplexes or threeplexes within a land use district and Ordinance - Page 1 blj chubbuck02.061.wpd building permits and design review clearance may be issued so as to cluster threeplexes and fourplexes within a general residential (R-3) land use district if the same is necessary to take into account unique conditions affecting aesthetics, traffic movement and control, municipal services, utilities, or open urban space available for recreation and other purposes. In each instance, the determination of what constitutes a distinct geographical area or subdivision shall be made by the land use and development commission, subject to de novo review by the city council. In making this determination, the commission and council shall consider the actual boundaries of subdivisions, existing neighborhoods, natural boundaries and barriers such as streams, canals and roads, school and church locations, and other factors which may make a particular area a distinct and cohesive neighborhood unit. If: 1) a subdivision plat designates certain lots for development of abutting zero lot line residences, duplexes, threeplexes, fourplexes or apartments; 2) the total number of such lots complies with the density restrictions of this section; and 3) the plat has been approved, and filed in accordance with the requirements of title 17 of this code, then abutting zero lot line residences, duplexes, threeplexes, fourplexes and apartment buildings may be constructed on the lots so designated, and on no others within that subdivision. 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 Chapter 18.12 not herein amended shall remain in full force and effect. 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 CHUBBUCK, IDAHO, this 23RD day of APRIL , 2002. f _ AT T: CITY CLERK Ordinance - Page 2 blj chubbuck02.061.wpd • SUMMARY OF ORDINANCE NO. 556 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending section 18.12.040(I) to conform this section to 18.08.010 with respect to abutting zero lot line residences and the density restrictions under other provisions of the Chubbuck Municipal Code; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 18.12 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 556 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 2 day of April, 2002. SUMMARY OF ORDINANCE NO. 556 - Page 1 chubbuck04.25c