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0316 Yard Height and Area Regulations 1989CITY OF CHUBBUCK, IDAHO ORDINANCE NO ~'/~ AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO AMENDING CHUBBUCK CODE SECTION 18.08.040(B) TO INCREASE THE MAXIMUM HEIGHT OF BUILDINGS IN GENERAL COMMERCIAL (C-2) AND INDUSTRIAL (I) ZONES TO 70 FEET; AMENDING SECTION 18.12.020 (E) TO PROVIDE STRUCTURES MAY EXCEED THE HEIGHT RESTRICTIONS OF 18.040(B) BY ISSUANCE OF A CONDITIONAL USE PERMIT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 18.08 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. Chubbuck Code Section 18.08.040(B) is amended to read as follows: B. Height and area regulations. Maximum Distnc~ Height A 35' R-I 35' Mk~mum Mimmum Mimmum Mimmum Front ~ Ski~ Total Yard Yard - Yard yard Setback Setback ..~.'~ back* Width 20' i`1'-5' 20' 14'-5' R-2 `15' 20' 20' la'-5' C-1 ,15' I$' C-Z 70' 60' 15' I 70' 6g' 15' Minimum Lot .-M'ea per House- hold Dwelling (in sq. rt.) 70' one acre 70' 7,000 first house- hold, plus .,t,O00 each additional 60' 6,000 sq. ft. house- hold, plus 2,500 each additional *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. On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard at least fifteen feet wide along at least one of the intersecting streets for a distance of not less than fifteen feet from the corner point of the lot. ORDINANCE - Page 1 dsc chbbck02.271 Section 2. Chubbuck Code Section 18.12.020(E) is amended to read as follows: E. Exceptions to height regulations -- ~he-he½gh~ p½eee~-~b~e-~he-~f-~ewe~-a~-~-~en~e~-f~-humam ~eeupeme~. Exceptions to the height limitations set forth in the schedule of general controls for land use districts may be granted for structures whether or not intended for human occupancy. Such structures may exceed the height limitations provided for in ~h~s-s~see~½~ Title 18 only upon the issuance of a conditional use permit as herein provided. 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 18.08 and 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 ORDINANCE - Page 2 dsc chbbck02.271 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 28th day of MARCH , 1989. ATTEST: CITY CLERK ORDINANCE - Page 3 dsc chbbck02.271