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0510 Production Building 1999SUMMARY OF ORDINANCE NO. 510 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, changing the definition of a Class II production building as defined in section 18.04.050(P) of the Chubbuck Municipal Code to require a class II production building to be multi -sectional and enclose a total of not less than one thousand square feet; changing the foundation requirement to be excavated and backfilled and placed so the production building is not more than twelve inches above grade, changing the requirements for exterior siding and roofing; changing the schedule of land uses by districts as set forth in section 18.08.040(A) of the Chubbuck Municipal Code to make class II productions buildings permitted uses in R-1, R-2 and R-3 districts; making a technical correction to section 15.20.010 as amended by Ordinance # 473; changing the set back requirements for production building cluster arrangements in existence on January 1, 1999 to allow a ten foot front yard set back and a twenty foot rear yard set back between dwellings with an accessory building allowed for each dwelling not to exceed eighty square feet; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapters 18.04, 18.12 and 15.20 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. SUMMARY OF ORDINANCE NO. _ - Page 1 chubbuck06.30a E I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 510 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this Oday of June, 1999. SUMMARY OF ORDINANCE NO. _ - Page 2 chubbuckO6.3Oa CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 510 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, TO CHANGE THE DEFINITION OF A CLASS II PRODUCTION BUILDING; TO AMEND THE SCHEDULE OF LAND USE CONTROLS TO DEFINE A CLASS II PRODUCTION BUILDING AS A PERMITTED USE IN CERTAIN RESIDENTIAL DISTRICTS; MAKING A TECHNICAL CORRECTION TO SECTION 15.20.010 AS ENACTED BY ORDINANCE 473; AMENDING 18.12.030K(6) TO CHANGE THE FRONT AND REAR YARD SET BACKS IN EXISTING PRODUCTION BUILDING CLUSTER ARRANGEMENTS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 15.20, 18.04 AND 18.12 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 18.04.050(P) of the Chubbuck Municipal Code is amended as follows: P. "Production building" means a structure intended for human occupancy or use which is fabricated at a location other than the site where it is intended to be so occupied or used, and which arrives at the occupancy site as a building ready for occupancy or use except for minor and incidental unpacking and assembly, placement on foundation or supports (if any), connection to utilities and the like. 1. "Class I production building" is a production building, as defined above, 1) from which all axles, hitches and other appurtenances for transportation have been removed; 2) which is affixed to a permanent foundation; 3) which is not less than twenty-four feet wide at its shortest dimension; 4) which is determined by the city building official to possess the typical design and exterior construction characteristics of site buildings as defined herein; 5) which conforms to the building codes and standard including (without limitation) the Uniform Building Code, as amended, applicable to site buildings as defined herein; and Ordinance - Page 1 dsc chbbck05.053 6) which is used as a permanent dwelling. • 2. "Class II production building" is a production building, as defined above, that 1) satisfies items 1) and 2) of the Class I criteria set above; 2) was produced since June 15, 1976; 3) was produced in compliance with the mobile home construction and safety standards of the United States department of housing and urban development (or such other codes or standards as may be from time to time propounded by HUD or a successor agency); 4) is used as a permanent dwelling; 5) is a multi -sectional with a fnininium floor- area of f ur h, ndr-ed eighty f et/se .tion and enclose a space of not less than one thousand (1,000) square feet, 6) has a „e;frietallie, weed shake eir asphalt sa;,gao roof with a ni mum slope e f sixteen metef of the reef-, pitched roof with a minimum slope of 16% (2:12); 7) has horizontal a! m ula4ea wood or ed siding-,- exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings; 8) has a masonry foundation or foundation facia that is similar in appearance and durability to masonry foundation of site -built dwellings, as approved by the city building official, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade; 9) is permanently fixed, and set upon a permanent excavated and back filled foundation having an anchoring system that is totally concealed under the structure and is such that the home is located not more than twelve (12) inches above grade;; 10) is installed on site following the issuance of a valid building permit and any other permits required by code or ordinance; 11) complies with all other applicable requirements of the land use district in which the production building is located, including, but not limited to, lot size and setback requirements; 12) has a design and appearance which is congruent with the predominant design and appearance of other site buildings in the existing neighborhood. Ordinance - Page 2 dsc chbbck05.053 A production building which would meet the definition of a Class II production building but for the fact it was produced prior to June 15, 1976 shall be deemed to be a Class II production building if it has been issued a certificate of compliance pursuant to Title 44, Chapter 25, Idaho Code. 3. "Class III production building" is a production building, as defined above, that does not satisfy all of the Class I or Class II criteria set forth above, but is used as a permanent dwelling. After May 1, 1999, no Class III production buildings produced prior to June 15, 1976 shall be moved into the City or relocated from one site within the City to another site within the City unless it has been issued a certificate of compliance pursuant to Title 44, Chapter 25, Idaho Code. 4. "Nonresidential production building" is a production building which is not used as a dwelling, as that term is defined herein and which satisfies items 1), 2), 3), 4) and 5) of Class I production building criteria set forth above. 5. "Production building cluster arrangement" is a subdivision, park, court or other area that 1) is intended for residential use where residence is in production buildings exclusively and which is constructed, built and maintained in conformance with Section 18.12.030K of this title; or 2) is located in an area which was included in the R -2T use district by Chubbuck City Ordinance No. 98, regardless of whether said subdivision, park, court or area was or is constructed, built or maintained in conformance with Section 18.12.030K of this title. SECTION 2. Section 18.08.040(A) is amended as follows: 18.08.040 Schedule of general controls. A. Land uses by districts. LAND USES Production buildings (for other uses allowed) Class I Class II Class III (outside production buildings cluster arrangements) Class III (within production buildings cluster arrangements) DISTRICTS A R-1 R-2 R-3 R-4 C-1 C-2 I P P P P C C C X C EP E P EP C C C X X X X X X X X X P X X P P X X X SECTION 3. Section 15.20.010 is amended as follows: Ordinance - Page 3 dsc chbbck05.053 15.20.010 Written Notice Required. No person, corporation or association shall move or cause to be moved any building or structure, including a production building, into or within the City without first notifying, in writing, the City Clerk of the present location and future destination of the building or structure to be moved and obtaining a permit to move such unit. The person or entity owning the property in the City upon which the building or structure is to be placed shall have the ultimate responsibility to notify the City and obtain the permit; provided, however, in the case of a production building, tThe owner of the property upon which the production building is being moved shall be responsible for assuring the production building will comply with all applicable ordinances including Section 18.4-7.12.030K regarding production building cluster arrangements. The owner of the property upon which a production building is to be placed will have the responsibility of notifying the City and obtaining a permit. A person brining bringing a production building into the City for resale as part of that person's primary business of selling production buildings is exempt from obtaining a permit for being brin in a unit into the City, but a permit must be obtained to move the unit from that person's business to a location within the City. SECTION 4. Section 18.12.030K(6) is amended as follows: K. Production building cluster arrangement. Cluster arrangements are mandatory for Class III production buildings. The following standards shall apply to residential clusters, and shall control in event of conflict with any other provision of this Title: 6. There shall be at least twenty feet (20') between the -dwellings and at least twenty feet (20') between an individual dwelling and any adjoining pavement areas of a park, street, sidewalk, common parking area or other common area. There shall be at least a twenty foot (20) rear yard for each dwelling on which an accessory building not to exceed eighty (80) square feet shall be allowed. Notwithstanding the foregoing, for any production building cluster arrangement in existence on January 1. 1999, the front yard set back from the dwelling to any adjoining pavement areas of a park street sidewalk common parking area, or other common area shall not be less than ten feet (10) and the rear yard set back shall have a minimum of twentyf(20') between dwellings with an accessory building allowed for each dwelling not to exceed eighty (80) square feet each Awnings open on three (3) sides shall be allowed as an attachment to the side of a dwelling provided there is at least ten feet (10) from the awning to the other dwelling or attachment to the dwelling on an adjoining area. Ordinance - Page 4 dsc chbbck05.053 • 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 1.8.04, 18.12, and 15.20 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 29th day of June, 199 . AYOR / 4ATT ST: G� CITY CLERK Ordinance - Page 5 dsc chbbck05.053