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0489 Zero Lot Line 19980 0 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 489 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING DEFINITIONS FOR ABUTTING ZERO LOT LINE RESIDENCE, ZERO LOT LINE RESIDENCE AND ZERO LOT LINE FIRE WALL TO SECTION 18.04.050; AMENDING SECTION 18.08.010 TO ALLOW ABUTTING ZERO LOT LINE RESIDENCES IN THE AREAS WHERE DUPLEXES ARE ALLOWED AND TO DELETE ANY REFERENCE TO CONDITIONAL USE PERMITS FOR PLANNED UNIT DEVELOPMENTS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 18.04 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. Section 18.04.050 HH, II and JJ are added to the Chubbuck Municipal Code: HH. Zero Lot Line Residence. A zero lot line residence is a single family residence built on a subdivision lot with one side with zero set back from the property line. A zero lot line residence is built to Uniform Building Code standards for a single family dwelling. II. Abutting zero lot line residence. Two zero lot line residences that abut each other on a common boundary and each are built to Uniform Building Code standards. An abutting zero lot line residence shall be constructed with zero lot line fire walls as required by the Uniform Buidling Code. JJ. Zero Lot Line Fire Wall. Each zero lot line residence of an abutting zero lot line residence shall have a minimum of a 2 x 4 wooden stud wall (or equivalent metal stud wall) spaced sixteen inches (16") on center with a type x, five -eights inch (5/8 ") gypsum board attached to each side and shall be continuous from the foundation to the underlayment of the roof or beyond. Ordinance - Page 1 dsc chbbck04.015 0 • Section 2. Section 18.08.010 is amended as follows: 18.08.010 Enumeration of Districts. The following land use districts are hereby established: A. Agricultural (A) --The purpose of this district is to provide for orderly transition of farm lands, by limiting their use to low density residential neighborhoods until such time as other uses, consistent with the comprehensive plan, become appropriate. B. Single-family residential (R -1) --The purpose of this district is to provide for neighborhoods of single household dwellings and Class I production buildings. Planned unit developmentsandMajor home occupations may also be conditionally permitted. An abutting zero lot line residence may be conditionally permitted in an existing R-1 development and are permitted in a proposed R-1 subdivision if each lot upon which a zero lot line residence would be constructed is disclosed on the preliminary and final plat. No more than ten percent of the total structures in any defined agraphic area or subdivision shall consist of abutting zero lot line residences. The defined geographic area or subdivision shall in each case be established by the land use and development commission. C. Limited residential (R -2) --The purpose of this district is to provide for neighborhoods of single household dwellings, Class I production buildings, abutting zero lot line residences, and duplexes. In order to maintain an appropriate mix of single household dwellings, abutting zero lot line residences and duplexes, the issuance of building permits for duplexes and abutting zero lot line residences shall be regulated so as to limit duplexes and abutting zero lot line residences to no more than ten percent of the total structures in any defined geographic area or subdivision. The defined geographic area or subdivision shall, in each case, be established by the land use and development commission. , Class II production buildings; and major Ordinance - Page 2 dsc chbbck04.015 0 • home occupations may also be conditionally permitted. D. General residential (R -3) --The purpose of this district is to provide for diversity in the arrangement and density of residential uses. Duplexes, abutting zero lot line residences, three- plexes, and four-plexes shall be allowed, but in order to maintain an appropriate mixture of single household dwellings, duplexes, abutting zero lot line residences, three-plexes, and four-plexes, the issuance of building permits and design review clearance of duplexes, abutting zero lot line residences, three-plexes, and four-plexes, the issuance of building permits and design review clearance of duplexes, abutting zero lot line residences, three-plexes, and four-plexes shall be regulated so that duplexes, abutting zero lot line residences, three-plexes, and four-plexes shall not compose more than twenty-five percent of the structures in any district geographical area or subdivision. The defined geographic area or subdivision shall, in each case, be established by the land use and development commission. Planned nit de clop ent eClass II production buildings; and ma or home occupations may also be conditionally permitted. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this title. E. Dense residential (R -4) --The purpose of this district is to provide for the development of dense residential districts including apartment buildings and apartment complexes composed of clusters of abutting zero lot line residences- duplexes, three-plexes, and four-plexes. Because of the density of residential development within this zone, single household dwellings, abutting zero lot line residences, and duplexes will be allowed only in situations warranting issuance of a conditional use permit. Three-plexes, four-plexes and apartments are permitted. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this chapter. Planned Zi1t de ele ents are enceufaged within this dist. et and af Ordinance - Page 3 dsc chbbck04.015 eendifienally permitted. F. Limited commercial (C -1) --The purpose of this district is to provide for small office uses and neighborhood scaled convenience business uses, which serve nearby residential areas. Some larger establishments may be conditionally permitted if compatible with adjoining uses. G. General commercial (C -2) --The purpose of this district is to provide for a broad variety of business establishments serving municipal or regional markets. These uses buffer against industrial area, and may include compatible light industrial uses when conditionally permitted. H. Industrial (I) --The purpose- of this district is to provide for light industry not absorbed by general commercial areas, and for heavier industrial uses when conditionally permitted. Section 3. Section 18.08.040(B) is amended as follows: B. Height and area regulations. District Maximum Height Minimum Front Yard Setback Minimum Rear Yard Setback Minimum Side Yard Setback * Minimum Total Yard Width Minimum Lot Area per Household Dwelling (in sq. ft.) A 35' 25' 20' 14'-5' 70' one acre R-1 35' 25' 20' 14'-5' 70' 7,000 first household, plus 4,000 each R-2 45' 20' 20' 14'-5' 60' 6,000 sq. Ft. household, plus 2,500 each additional C-1 45' 10' -- -- -- C-2 70' 10' -- -- -- I 70' 10' -- -- -- Ordinance - Page 4 dsc chbbck04.015 *Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In addition, the setback for at least one of the side yards shall be a distance of no less than nine feet (9') On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard at least fifteen feet (15') wide along at least one of the intersecting streets for a distance of not less than fifteen feet (15') from the corner point of the lot. Setbacks for a zero lot line residence shall be the same as that of the land use district within which the development lies except the minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy-five per cent (75%) of that required for a household dwelling in that district. Additionally one side yard setback may be zero and the other side yard setback may be a minimum of ten (10) feet. Two zero lot line residences must be simultaneously constructed to form an abutting zero lot line residence. Construction of a single zero lot line residence is not permitted. ADMINISTRATIVE PROVISIONS Section 1. Real 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 18.04 and 18.08 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. Ordinance - Page 5 dsc chbbck04.015 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 14th- day of JULY , 1998. ATTEST: CITY CLERK Ordinance - Page 6 dsc chbbck04.015 0 SUMMARY OF ORDINANCE NO. 489 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding definitions for abutting zero lot line residence, zero lot line residence and zero lot line fire wall to section 18.04.050; amending section 18.08.010 to allow abutting zero lot line residences in the areas where duplexes are allowed; allowing zero lot line residences to be conditionally permitted in existing subdivisions and permitted in new subdivisions where disclosed on the preliminary and final plat; providing that no more than ten percent of the structures in a defined geographical area may be permitted in an R-1 subdivision; providing the minimum lot area per household dwelling and the minimum total yard width shall be seventy-five percent of that required for a household dwelling in a district; providing one side yard may be zero and the other a minimum of ten feet; providing that two zero lot line residences must be simultaneously constructed to form an abutting zero lot line residence; deleting any reference to conditional use permits for planned unit developments; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapters 18.04 and 18.08 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. 488 - Page 1 chubbuck07.23a r � f I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 489 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 7 / day of July, 1998. SUMMARY OF ORDINANCE NO. 489 - Page 2 chubbuck07.23a