HomeMy WebLinkAbout0365 Screening Fence 1992CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 365
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING
DEFINITION OF SCREENING FENCE AND SOLID FENCE TO THE GENERAL
LAND USE DEFINITIONS OF CHAPTER 18.04.050 OF THE CHUBBUCK
MUNICIPAL CODE; AMENDING SECTION 18.12.020(C) TO PROVIDE
SOLID FENCES AROUND COMMERCIAL STRUCTURES OR USES BORDERING
RESIDENTIAL AREAS MAY BE A MINIMUM OF SIX FEET IN HEIGHT AND
FURTHER PROVIDING THAT THE DETERMINITION OF SUFFICIENT
LANDSCAPING OR SCREENING TO SATISFY THE BUFFER REQUIREMENTS
SHALL BE BY THE BUILDING INSPECTOR OR THE BUILDING OFFICIAL
SUBJECT TO REVIEW BY THE LAND USE AND DEVELOPMENT COMMISSION
AND THE CITY COUNCIL; AMENDED SECTION 18.12.030(E) OF THE
CHUBBUCK MUNICIPAL CODE TO REQUIRE A MINIMUM SIX FOOT SOLID
FENCE AT DRIVE INN ESTABLISHMENTS BORDERING RESIDENTIAL
PROPERTY OR RESIDENTIALLY ZONED AREAS; AMENDING CHAPTER
18.12.030(H) OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR
SCREENING FENCES AROUND KENNELS; AMENDING CHAPTER
18.12.030(J) TO PROVIDE FOR SCREENING FENCES AROUND OUTDOOR
STORAGE AREAS FOR COMMERCIAL AND INDUSTRIAL PRODUCTS;
AMENDING CHAPTER 18.12.030(K) OF THE CHUBBUCK MUNICIPAL CODE
TO PROVIDE FOR SOLID FENCES BETWEEN A PRODUCTION BUILDING
CLUSTER ARRANGEMENT AND ADJOINING PROPERTY; AMENDING CHAPTER
18.12.030(N) OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR
SCREENING FENCES AROUND VEHICLE STORAGE SITES; AMENDING
CHAPTER 18.12.040(D) OF THE CHUBBUCK MUNICIPAL CODE TO
PROVIDE FOR SOLID FENCES AROUND CERTAIN TRASH AREAS;
AMENDING 18.12.040(E) TO PROVIDE FENCES SHALL NORMALLY BE
SIX FOOT HIGH BUT GRANTING THE BUILDING OFFICIAL OR BUILDING
INSPECTOR DISCRETION TO AUTHORIZE A FENCE HEIGHT OF UP TO
EIGHT FEET BASED UPON CERTAIN FACTORS; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF
THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER
SECTIONS AND PROVISIONS OF CHAPTER 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. Addition to 18.04.050. The following shall be
added to Section 18.04.050 of the Chubbuck Municipal Code, which
Section controls definitions under the Title 18, Land Use:
FF. "Screening Fence" as used in this Title shall mean
a fence which significantly obstructs the view from one side
of the fence to the other, and includes a fence composed of
block, wood, concrete or other masonry products, and a chain
link fence with a single layer of slats inserted diagonally.
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The slats for a chain link fence must be approved by the
City Building Official, Building Inspector or their designee
prior to installation.
GG. "Solid Fence" as used in this Title shall mean a
fence which completely obstructs the view from one side of
the fence to the other. A chain link fence with two sets of
slats inserted diagonally and at right angles to each other
is a solid fence under this Title. A chain link fence with
a single layer of slats will not qualify as a solid fence.
The slats for a chain link fence must be approved by the
City Building Official, Building Inspector or their designee
prior to installation.
Section 2. Amending 18.12.020(C). Section 18.12.020(C)
of the Chubbuck Municipal Code is amended to read:
C. Side and rear yard requirements for nonresidential
uses abutting residential districts.
1. Nonresidential structures or uses shall not
be located nor conducted closer than forty feet to any
lot line of a residential district, except that the
minimum yard requirements may be reduced to fifty
percent of the requirement if acceptable landscaping or
screening or combination thereof is provided. Such
screening shall be a masonry or solid fence a minimum
of six feet in height maintained in good condition and
free of all advertising or other signs. Landscaping
provided in lieu of or in addition to such wall or
fence shall be properly maintained and shall, at a
minimum, consist of a strip of land not less than
twenty feet in width planted with an evergreen hedge or
dense planting of evergreen shrubs not less than four
feet in height at the time of planting .
2. The landscaping and/or screening
needed skall bc ~ufficicnt to satisfy the
requirements of this provision and reduce the
minimum yard requirements by fifty percent
shall be determined in each case by the
~A~ ...... ~ ........·~^~ Buidling Inspector
Building Official, subject to review by the
Land Use and Development Commission and the
City Council.
Section 3. Amending 15.12.030(E). Section 18.12.030(E) of
the Chubbuck Municipal Code is amended to read:
E. Drive-in establishments shall --
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1. Be enclosed on the property line with
maintained landscaping and fencing, except for
ingress and egress, to prevent trash from moving
onto other properties.
2. Have a minimum six foot high,
~ ..... ~- solid fence along the property lines
.... ~ .... residential property or
that adjoin a
residentially zoned areas.
3. Provide for adequate trash receptacles.
4. Avoid the direction of night lighting
toward any residence.
Section 4. Amendinq 18.12.030(H). Section 18.12.030(H) of
the Chubbuck Municipal Code is amended to read:
H. Kennels.
1. Commercial kennels shall:
a. Be maintained in a separate cage,
structure, dog run or kennel for the housing and
confinement of all dogs in such commercial kennel,
which cage, structure, dog run or kennel 1) shall
have a minimum area of fifteen square feet for
each dog kept therein; 2) shall be located at
least three hundred feet from any structure
intended for human occupancy or use, except for
the owner's residence; 3) shall have such
screening fences or structure as may be necessary
to confine the dogs and screen them from public
views and from views from abutting properties; and
4) shall contain facilities for the disposal of
animal waste, other than through the Use of the
city's garbage collection service, which facility
shall be maintained so as to prevent odors
detectable from public areas and abutting
properties.
b. Comply with all other state and local
regulations relative to such operation, and shall
be maintained to prevent noise or odors detectable
from public areas or abutting properties.
2. Hobby Kennels shall --
a. Only be maintained upon a lot which has
a minimum area of four thousand square feet for
each dog kept on such lot, regardless of the
number of persons keeping or harboring dogs on
such lot.
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b. Be maintained in a separate cage,
structure, dog run or kennel for the housing and
confinement of all dogs kept in such hobby kennel,
which cage, structure, dog run or kennel 1) shall
have a minimum area of fifteen square feet for
each dog kept therein; 2) shall be located as far
as possible from any structure intended for human
occupancy or use, except for the owner's
residence; 3) shall, in any event, be located at
least one hundred feet from any such structure,
except for the owner's residence; 4) shall have
such screening fences or structures as may be
necessary to confine the dogs and screen them from
views from abutting properties; and 5) shall
contain facilities for the disposal of animal
waste, other than through the use of the city's
garbage collection service, which facility shall
be maintained so as to prevent odors detectable
from public areas and abutting properties.
c. Comply with all other state and local
regulations relative to such an operation, and
shall be maintained to prevent noise or odors
detectable from public areas or abutting
properties.
Section 5. Amending 18.12.030(J). Section 18.12.030(J) of
the Chubbuck Municipal Code is amended to read:
J. Outdoor storage of commercial and industrial
products or materials shall--
1. Be enclosed by a properly maintained
screening fences or other structures sufficient to
..... ~ ..... ~ screen the commercial and industrial
materials from the views from any of existing
.... d~ncc residential property or
adjoining ~A_~ ~
residentially zoned area~, whether or not such
property is separated by an alleyway or street.
area.
Not be located in any front yard setback
Section 6. Amending Chapter 18.12.030(K). Section
18.12.030(K) of the Chubbuck Municipal Code is amended to read:
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:
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acres.
The minimum area to be developed shall be two
2. The minimum number of spaces completed and
ready for occupancy before first occupancy is permitted
shall be ten.
3. The intent of the clustered arrangement being
for long-term residential occupancy, no space shall be
rented for periods less than thirty days.
4. Off-street parking areas shall be provided at
the rate of at least two car spaces for each dwelling.
5. Clusters shall be buffered against adjoining
land uses in the same manner prescribed for
nonresidential uses adjacent to residential uses, in
subsection 18.12.020(C) of this chapter.
6. There shall be at least twenty feet between
the dwelling and at least twenty feet 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
rear yard for each dwelling on which an accessory
building not to exceed eighty square feet shall be
allowed. Awnings open on three sides shall be allowed
as an attachment to the side of a dwelling provided
there is at least ten feet from the awning to the other
dwelling or attachment to the dwelling on an adjoining
area.
7. Ail improvements within the cluster
arrangement including streets and utilities shall be
completed within two years from the issuance of the
conditional use permit.
8. The cluster arrangement shall be screened
from adjoining property and streets by a solid
~.~,~-~ fence, with such additional landscaping as
the city council may require.
9. The developer of a cluster arrangement shall
be required to obtain design review clearance for the
overall development prior to obtaining a conditional
use permit.
10. No cluster arrangement shall be allowed where
access to the court is by a local, as opposed to
arterial or collector, street.
11. Signs shall not exceed nine square feet.
Under no circumstances may such signs be of exposed
neon or have any flashing or moving parts.
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12. Each dwelling space shall be a minimum of
five thousand square feet in area.
13. Each dwelling space shall contain no more
than one production building and each such building
shall be a single-family dwelling.
14. Except as otherwise provided herein, the
cluster arrangement shall meet all applicable
provisions of Titles 16 and 17 of this code, as they
may be amended.
The city council shall have the right in approving
a production building cluster arrangement under this
section to impose any additional conditions, including
increasing the above standards and requiring the
approval of operating and management standards, which
are found by the council necessary to the area where it
is located.
Section 7. Amending 18.12.030(N). Section 18.12.030(N) of
the Chubbuck Municipal Code is amended to read as follows:
N. Vehicle storage sites shall --
1. Be enclosed by ~ properly maintained
screening fences cr cthcr structurcs sufficient to keep
ccmplctcly screen vehicles on the premises from public
view and from the view9 of from existing adjoining
rcsi~cnccs~ residential property or residentially zoned
areas, whether or not such property is separated by an
alleyway or street. Any screening fence constructed to
satisfy this requirement shall not exceed eight feet in
height, measured from the natural elevation of the
land. These requirements shall supplement other
provisions of Title 18 and if another provision also
applies, the more restrictive shall control.
Section 8. Amendinq 18.12.040(D) and (E). Section
18.12.040(D) and (E) of the Chubbuck Municipal Code is amended to
read:
D. Required trash areas. Ail trash and/or
garbage collection areas for commercial, industrial and
multi-household residential uses shall be enclosed on
at least three sides by a well maintained solid wall or
solid fence of at least five feet in height or within
an enclosed building or structure, unless the trash
and/or garbage is confined to a single container.
Adequate vehicular access to and from such area or
areas for collection of trash and/or garbage shall be
provided.
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E. Except where screen or buffer fences are
otherwise required or authorized by this title, ~ nc
fences shall not exceed ~A~A~--~..~A~ .... ~ six
feet in height; provided however the Building Official,
Building Inspector or a designee of either of them may
authorize a fence height of up to eight feet based on a
consideration of these factors:
1_~. Security need.
2~ Type of commercial use
bordering residential or residentially
zoned area.
Aesthetics.
Surrounding property uses.
Fences in immediate area.
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 18.04 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
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this
ATTEST:
CITY CLERK
28th. day of~ JANUARY , 1992.
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