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0676 Accessory Structures 2009CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 676 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHUBBUCK MUNICIPAL CODE SECTION 18.12.030 (A) TO ALLOW TEMPORARY USE OF STORAGE OR SHIPPING CONTAINERS IN RESIDENTIAL AREAS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 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. Amended section 18.12.030 (A). Section 18.12.030 (A) of the Chubbuck Municipal code is amended to read as follows: A. Accessory Structures: 1. May not be located within: a) the front yard, and b) the minimum side yard setback area required by subsection 18.08.04013 of this title extended twenty feet (20') to the rear of the principal structure. 2. Shall not be located closer than twenty feet (20') from any residential structure on adjoining lands. 3. Consisting of railroad cars, truck trailers or vans, or production buildings formerly used as a dwelling are excluded from all residential and agricultural districts and may only be allowed in industrial and commercial districts upon issuance of a conditional use permit. 4. Shipping containers, including containers used on ocean going vessels and/or railcars areeg nerally excluded from all residential districts, except as provided herein, but are allowed in agricultural, industrial and commercial districts upon issuance of a conditional use permit and are permitted on a temporary basis without a conditional use permit in industrial and general commercial districts for up to one hundred eighty (180) days. The building official may allow a shipping container in any district, including a residential district, during construction for use by the contractor and any subcontractors for the period of construction not to exceed ninety (90) days. If the container(s) is in a rusted, blighted or deteriorated condition, it shall not be allowed or, if already in place, shall be removed, whether or not a conditional use permit has been granted. A shipping container may be apply and containers shall not block roadways or driveways. Ordinance - Page 1 chubbuck081009ordshipcont.wpd 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 2 8 t hday of august 52009. ATTEST: a,,, � ", Ron Conlin, City Clerk Ordinance - Page 2 ch u bb uck081009ordsh i pcont.wpd • even M. England, Yjor