Loading...
0717 Amendments to Municipal Code 2012CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5a AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO AMENDING VARIOUS SECTIONS OF THE CHUBBUCK MUNICIPAL CODE TO UPDATE REFERENCES TO THE INTERNATIONAL BUILDING CODE AND OTHER APPLICABLE CODES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTERS 5.40, 6.08, 8.08, 8.34, 8.36, 9.20, 15.04, 15.08, 15.20, 15.16, 15.24, 16.08, 16.24, 18.06, 18.13, and 18.32 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended Sections. The following sections of the Chubbuck Municipal Code are amended as follows: 5.40.160: PHYSICAL FACILITIES: A. All places, homes, buildings, or locations wherein behavioral/mental health services are licensed pursuant to this chapter shall conform to the applicable provisions of the international fire code and iInternational building code, as adopted and amended by the city, and as interpreted by the building official and fire chief. However, such places, buildings or locations shall conform to the state fire safety standards for daycare, IDAPA 18G.55, if any of those standards are more stringent than those adopted by the city. Additionally, a minimum of thirty five (35) square feet of floor space shall be provided for each child, excluding vestibules and corridors, food preparation areas, kitchens, bathrooms, permanently equipped sleeping rooms, and storage space. B. All places, buildings or locations wherein behavioral/mental health services are licensed pursuant to this chapter shall comply with the health standards adopted from time to time by the southeast Idaho district health department, pursuant to Idaho Code sections 39-1110 and 39-1111. C. All places, homes, buildings or locations wherein behavioral/mental health services are licensed pursuant to this chapter, shall comply with city zoning requirements. D. Outdoor play areas shall be maintained in a clean and safe condition, free from debris, dilapidated structures, broken and worn out play equipment, building supplies, glass, sharp rocks, twigs, toxic plants, animal feces, cigarette butts, and any other potentially injurious materials. All outdoor play, eating, or assembly areas shall be enclosed with a fence. E. All places, buildings or locations wherein behavioral/mental health treatment clinic services are licensed pursuant to this chapter shall have a safe and reliable water supply which complies with the rules of the southeastern Idaho district health department, and shall be supplied with reasonable articles for personal hygiene, such as hot water, soap, and either paper towels, multiple use towels, or hot air dryers. F. Walls, ceilings, floors, floor coverings, furnishings, and equipment, including toys and other surfaces, shall be maintained in good repair and free from visible soil, crumbs, refuse, and the like. Table and counter surfaces, toys, and other objects handled by the Ordinance - Page 1 chubbuck101612. ord w bldg code amend.wpd children must be disinfected at least weekly, and cleaned/disinfected promptly after soiling. Floors shall be swept and mopped with a sanitizing solution daily, or if carpeted, shall be vacuumed daily. G. The building must be maintained as a "smoke free" environment at all times during operations. No visitors or employees shall smoke or bring lighted smoking materials into the premises during operating hours. H. The behavioral/mental health treatment clinic area must have at least one working telephone which is hardwired into the building in addition to any cell phones. 6.08.050: EXITS: A minimum of two (2) separate "exits" (defined as an unobstructed means of egress to a public way) is required on every floor or story in a daycare facility where the number of occupants exceeds six (6). Only one exit shall be required for six (6) occupants or less unless the building official or fire marshal determines more are required for occupant safety in the particular circumstance. The word "occupants" includes attendants as well as the children being cared for. At least one of the exits must lead directly to the outside. Ramp requirements, as described in the tmi€arm International building code, may be omitted in daycare centers which are conditionally permitted in R-3 occupancies as defined by the tmifarm International building code and the International Residential Code. 6.08.110: ADDITIONAL STANDARDS FOR NONRESIDENTIAL OCCUPANCIES AND RESIDENTIAL OCCUPANCIES WITH MORE THAN FORTY NINE OCCUPANTS: Day- care facilities located in zoning or occupancies other than residential or with an occupancy in excess of forty nine (49) people may have to meet additional standards of the unifarm International building code. A meeting with the city building official or other certified inspector will be necessary to determine any additional requirements. 8.08.070: APPLICABILITY OF OTHER CODES: As a condition for retention of a permit, the permittee shall comply with all applicable provisions of the Idaho Code and with all substantive provisions of any adopted or recognized national code, including, without limitation, the International fire code adopted by city ordinance. Where the provisions of such national code conflict with this chapter, this chapter shall govern. 8.34.020: DEFINITIONS: These definitions shall apply to this chapter: BONFIRE: The open burning of cut trees, vegetation or lumber. BURN: All burning except a recreational fire. HAZARDOUS MATERIALS: Those chemicals or substances which are physical hazards or health hazards as defined and classified in article N 27 of the tmifbrm International fire code whether the materials are in usable or waste condition. OPEN BURNING: The burning of a bonfire, rubbish fire or other fire in an outdoor location where fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit. RECREATIONAL FIRE: The burning of materials other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit and with a total fuel area of three feet (3) or less in diameter and two feet (2') or less in height for pleasure, religious, ceremonial, cooking or similar purposes. Ordinance - Page 2 chubbuck101612. ord w bldg code amend.wpd 8.34.050: BURNING: Burning of permissible materials may be done outside of a burn barrel or incinerator upon compliance with all of the following: A. A permit to engage in such burning, except for a recreational fire, shall be obtained from the fire chief or the chief s designee; B. All burning shall be done in compliance with article 1f section 307 of the International fire code; C. Such burning shall be done at a distance of more than fifty feet (50') from any structure or any other combustible object; D. Such burning shall be done at a distance of more than two hundred feet (200') from any wildlands or sagebrush area; E. An adequate water supply or other fire extinguishing equipment, in working condition, shall be on hand and available for use at the site of the burning; F. A competent person over age eighteen (18) shall be in attendance at all times until all fire has burned out or has been extinguished; G. The permittee shall have the legal right, by ownership, lease or written permission for use, to conduct the burn on the parcel of land being utilized; H. The winds shall not exceed ten (10) miles per hour at any time during the burn; I. No burn shall create dense smoke or odor; J. No burn shall be conducted when conditions, smoke, odor or heat can enter or damage neighboring structures or create a traffic hazard; K. No other adverse or threatening weather condition such as lightning, tornado or air inversion shall exist or be reasonably anticipated to exist during the time of the open burn; L. Dry or drought conditions creating dry kindling hazards shall not exist in the area immediately adjacent to and within two hundred feet (200') of the open burn site; M. No burning shall take place after sunset, before dawn, or between the hours of one o'clock (1:00) P.M. and four o'clock (4:00) P.M. local time; N. When open burning of fields, ditches or other such open areas are planned, the applicant or applicant's designee shall define a perimeter around the area to be burned by disking, plowing or otherwise clearing the perimeter area of combustibles to minimize the risk of fire spreading. 8.36.020: DEFINITIONS: For the purpose of this chapter, the following terms, phrases, words and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory. AIR POLLUTION: The presence in the outdoor atmosphere of a contaminant or combinations thereof in such quality or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to Ordinance - Page 3 chubbuck101612. ord w bldg code amend.wpd property, or to interfere unreasonably with the enjoyment of life or property. AIR QUALITY DESIGNATIONS AND ALERT CRITERIA: The quality of Chubbuck's air shall be designated according to the health effect designations for varying levels of particulate matter as adopted from time to time by the Idaho department of environmental quality ("DEQ"), or its successor agency, which designations are adopted herein by reference. When DEQ informs the city that it is declaring an "air quality alert" and notifies the media that an air pollution alert is being declared, the prohibitions set forth in this chapter shall apply. BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or privately owned or any other structure as defined by the uniform International building code as adopted by chapter 15.04 of this code. BURN DOWN: That period of time following an air pollution alert required for the cessation of combustion within solid fuel heating appliances or any outdoor fires or burning or incineration included within this chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as a phase II clean burning appliance by either the Oregon department of environmental quality or the United States environmental protection agency and has been placed on the list of approved clean burning appliances by the United States environmental protection agency. ECONOMIC HARDSHIP: Fifty percent (50%) or less of Bannock County's median income as established by the U.S. department of housing and urban development. FIREPLACE: A residential solid fuel burning device with an air to fuel ratio of greater than thirty (30) which is a permanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry or other building materials. A residential solid fuel burning device which is freestanding or which is installed into an existing fireplace opening is not included in the definition of fireplace. HEAT OUTPUT: The British thermal unit (Btu)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by the Bannock County development services department. OPACITY: The ability to obstruct the transmission of light and is expressed as a percent. OPEN BURNING: The combustion of any material not contained in a heating appliance or incinerator. PARTICULATE MATTER: Any gas borne particles resulting from incomplete combustion consisting predominately, but not exclusively, of carbon and other combustible matter. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. PHASE II STOVE: A solid fuel heating appliance designated by the United States environmental protection agency as a phase II certified clean air stove or any stove which is manufactured by a reputable manufacturer and certified by the manufacturer to meet such standards. Ordinance - Page 4 chubbuck101612. ord w bldg code amend.wpd REFUSE: All solid waste, garbage, and rubbish including, but not limited to, cardboard, plastic, rubber, Styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or chemically treated wood. REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas fired pathological incinerators are excluded. SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building that is connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane. No permanently installed furnace or heating system shall be removed or disconnected after the effective date hereof unless replaced with a comparable system. In no event shall a permanently installed furnace or heating system be removed or disconnected if only a solid fuel heating device remains as the sole source of space heating for the building. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion that meets all of the following criteria: A. An air to fuel ratio averaging less than thirty five to one (35:1); B. Firebox volume less than twenty (20) cubic feet; C. Minimum burn rate less than five kilograms (5 kg) per hour; and D. Maximum weight of less than eight hundred kilograms (800 kg). WEIGHTED AVERAGE: The weighted average of the test results of the distribution of the heating needs in the city of Chubbuck as calculated by the building department of the city of Chubbuck. 9.20.010: DEFINITIONS: As used in this chapter of this code, unless the context otherwise indicates, the following words and terms shall mean: ABUSE: A situation in which an animal has been the victim of intentional or negligent conduct resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft tissue swelling, or death. ANIMAL: Any organism other than human beings needing food to maintain and sustain its life which generally has mobility and a developed central nervous system, and shall include, but not be limited to, "dogs", "cats" and "livestock" as defined elsewhere in this chapter. ANIMAL CONTROL OFFICER: Any person designated by the chief of police to carry out the provisions of this chapter. ANIMAL SHELTER: Any premises designated by the city for the purpose of impounding and caring for animals held under the authority of this chapter. AT LARGE: To be off the premises of the owner and not under the control of the owner or another person either by leash, cord, chain or as otherwise provided in this chapter. BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or any walls in which Ordinance - Page 5 chubbuck101612. ord w bldg code amend.wpd there are no communicating doors, windows or openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. CAT: Any member, male or female, of the family Felis catus. CHIEF OF POLICE: The chief of the police department of the city or any other person acting under his orders or direction. DOG: Any member of the family Canis familiaris. ENCLOSURE: A fence or structure of at least six feet (6) in height, suitable to prevent the entry of young children, and to confine an animal in conjunction with other measures which may be taken by the owner. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping. HARBORING: The keeping of any animal. The occupant of any premises on which an animal remains, or to which it customarily returns daily for food and care for three (3) consecutive days or more, is presumed to be harboring or keeping the animal. IMPOUNDED: To be taken into the custody of or for delivery to the animal shelter. KENNEL: Any place other than a veterinary hospital where three (3) or more dogs over four (4) months of age are kept, or where one or more female dogs are kept for breeding and the offspring thereof are sold for profit, or where dogs are received for boarding and care. LEASH: A cord, thong, leash or chain not more than eight feet (8') in length by which an animal is controlled by the person accompanying it. LIVESTOCK: Any animal defined as livestock under the terms and conditions of section 9.20.070 of this chapter. MISUSE: The intentional causing of an animal to perform a noncustomary task which could be dangerous or harmful to the animal. NEUTERED DOG: Male or female dogs rendered incapable of reproducing offspring. Proof of such sterilization must be evidenced by a certificate of a licensed veterinarian. OFFICER: Any police officer or any person designated by the chief of police as an animal control officer. OWNER, CUSTODIAN OR KEEPER: Any person, including any firm, association, partnership or corporation, or their agents or persons acting with their permission, owning, keeping or harboring, possessing, caring for or having any custodial duties over any animal. PET STORE: A business, licensed pursuant to chapter 5.04 of this code which has as its primary source of revenue the sale of animals. PREMISES: All of the real property under a person's or persons' ownership, lease or control inside the inner line of a sidewalk, or if there is no sidewalk, inside the curb, ditch or shoulder marking the edge of the traveled or used portion of the public right of way. Premises also include the inside of a closed motor vehicle. Ordinance - Page 6 chubbuck101612. ord w bldg code amend.wpd SIGN: Any structure which shall be used to attract attention to any object, place, activity, person, animal, or business which shall display or include any letter, word, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purposes of section 9.20.034 of this chapter, the sign shall be material at least twenty four inches by twenty four inches (24" x 24") in size, with letters in indelible or fluorescent ink with the words in clear, capital letters as follows: "Vicious Animal on Premises" or "Vicious Dog on Property", or words of similar meaning; and shall be posted at all visible entryways onto the owner, custodian or keeper's property. This definition shall be limited to this chapter and shall not apply to any other chapter of this code or to any uniform code or International code followed by the city. UNDER CONTROL: Restrained, by means of a leash or enclosure preventing the animal from trespassing upon the property of others or annoying or chasing other persons. VETERINARY CLINIC OR HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis, treatment and care of diseased or injured animals. VICIOUS ANIMAL: A. Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the animal; or B. Any animal with a known propensity to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or C. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation; or D. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting. Notwithstanding the definition of a "vicious animal" above, no animal may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a wilful trespass or other tort upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animals may be declared vicious if the injury or damage was sustained as a result of teasing, tormenting, abusing or assaulting the animal. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. 15.04.031: OCCUPANCY PERMIT AMENDMENT: Notwithstanding section 109 of the 1997 the provisions of anX uniform or International building code adopted by the Cityand the same or subject matter related sections of any, ffitnre editions of the building c , a certificate of occupancy shall be required for all buildings, structures or portions thereof after August 1994, without exception. Any person or entity occupying a building, structure or portions thereof constructed after August 1997, and for which no occupancy permit has been issued, shall be guilty of an infraction and be subjected to a penalty of one hundred dollars ($100.00). Each day of occupancy without a permit shall constitute a separate infraction. Ordinance - Page 7 chubbuck101612. ord w bldg code amend.wpd 15.04.040: COPIES AVAILABLE: Thee -(3) Sufficient copies, as needed, of any uniform code, any amendment thereto, and the resolutions of the mayor and council adopting any amendments shall be maintained on file with the city clerk, for the resolutions and the appropriate city personnel for the codes, for use and examination by the public. 15.04.090: FEES AND METHOD OF DETERMINING COST OF CONSTRUCTION: For purposes of determining the cost of new and remodeled construction within the city for permit assessment purposes, the building department shall utilize the following: A. Table 1-A of the 1997 edition of the uniform building code is adopted as the permit fee schedule for building permit fees in the city. Upon adoption by the city of any subsequent building code or edition thereof, the equivalent table in the code adopted shall apply. The value of cost shall be based on the "building valuation data" from the Officials' International Code Council (ICC) "Building Standards" publication; provided however the plan review fee for review of commercial plans shall be sixty five percent (65%) of the building permit fee and no plan review fee for review of residential plans. B. Mechanical permit fees shall be based on table 1-A of the 1997 edition of the uniform mechanical code and upon the similar table of any future mechanical code adopted by the city. 15.08.050: ADDITIONAL PROVISIONS AND EXCEPTIONS TO THE ELECTRICAL CODE: The following exceptions are authorized to the provisions of the national electrical code as adopted in chapter 15.04 of this title: A. All wiring for electrical fixtures, appliances or apparatus for all commercial, educational, institutional, and industrial buildings and structures shall be installed in approved "raceways", busways, cable trays, or types MI, AC, and MC cables. B. Flexible cord and plug connections shall not be allowed for required emergency illumination equipment. C. All low voltage wiring that operates at twenty five (25) volts or less, e.g., jukeboxes, coin operated amusement machines, low voltage power circuits, etc., in or on any commercial or industrial building shall not be required to be installed in a UL approved raceway unless specifically required by the manufacturer's installation instructions. D. Electrical services for structures for which poured footings are required must have a UFER ground consisting of at least twenty feet (20') of bare copper conductor sized in accordance with table 250-66, but not smaller than no. 4, or other approved conductors. E. Electrical contractors shall be required to install smoke detectors in accordance with the fiftmationat International building code and the International Residential Code regulations for location and installation. F. For purposes of administration and enforcement, the "authority having jurisdiction" shall be the building official or any electrical inspector for the city of Chubbuck. In addition, the following changes to article 80 of the national electrical code, administration and enforcement, are hereby adopted: Ordinance - Page 8 chubbuck101612. and w bldg code amend.wpd 15.20.060: TIME FOR COMPLIANCE: Any building, production building or structure moved into the city shall have the following completed within sixty (60) days of the issue date of the permit to move the unit or any extension date: A. Placement on foundation or support structure; B. Completion of hookups or connections to all required utilities; C. Enclosure of foundation or support structure, including skirting on production buildings; D. Completion of all exterior work and remodeling to make the building, production building or structure habitable or fit for its intended use; E. Compliance with all applicable codes including, but not limited to, the following, if applicable: 1. T-4niform International building code; 2. Uniform International mechanical code; 3. Mobife home set up code Idaho Manufactured Home Installation Standards; 4. Chubbuck municipal code, including: Chapter 8.24, "Property Maintenance", Chapter 8.04, Weed Control", Chapter 8.12, "Abandoned Vehicles", Chapter 8.16, "Nuisances", and Chapter 8.30, "Solid Fuel Heaters". 5. International Residential Code. A building, production building or structure intended to be occupied by humans shall be habitable and capable of being occupied by humans on the sixtieth day following issuance of the moving permit or the final day of any extension. Any such unit not intended for human occupancy shall be made fit for its intended use by the sixtieth day following issuance of a moving permit or by the final day of any extension. Section 80.13(13) of said NEC shall read as follows: "Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the authority having jurisdiction shall be permitted to require that such work be exposed for inspection. The authority having jurisdiction shall be notified when the installation is ready for inspection and shall conduct the inspection within two days." Sections 80.15, 80.19(d), 80.19(f)-(4), 80.23(b)-(3), 80.27, and 80.35 be deleted and deemed not to be in effect for the city of Chubbuck. Ordinance - Page 9 chubbuck101612. ord w bldg code amend.wpd Section 80.29 Liability For Damages shall read as follows: "Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electric equipment for damages to persons or property caused by a defect therein, nor shall the city of Chubbuck or any of its employees be held as assuming any such liability by reason of the inspection, re -inspection, or other examination authorized." 15.16.010: FIRE DISTRICT ESTABLISHED, MAP ADOPTED: The entire incorporated area of the municipality is declared to be and is established as a fire district and said fire district shill be Imown and designated as fire zones no. 1, no. 2 mid no. 3 and eaeh such fire zone shall include such territory or portions of the municipality as illustrated, outlined and designated on the map of the incorporated areas of the city as from time to time adopted and maintained a certain malron file in the office of the clerk, , and said map is adopted as a fire zone map for the application of the regulations included in the tmiform International building code, 1997^ edition(longT Road, whittier, eA 9060f -2298, and stich ffirther amendirents, modifications, wmeitations a as the city may ftorn titne to time enact, establi adopt has adopted and any amendments thereto as the city may from time to time adopt by resolution of the city council. 15.24.010: DESIGN AND CONSTRUCTION STANDARDS: A. Adoption Of Uniform Sign Code: Except as amended below, a certain doemnent, reference herein. Sufficient copies, as needed, of the 1997 Uniform Sign Code, any amendment thereto, and the resolutions of the mayor and council adopting amendments shall be maintained on file with the city clerk, for the resolutions and the gp�ropriate city personnel for the code, for use and examination by the public. B. Procedure For Adoption Of Future Editions: Future editions of said uniform sign code may be adopted, as the same are published from time to time by the international conference of building officials, by resolution of the mayor and council of the city. Such resolution shall identify with particularity the edition of such uniform sign code so adopted and shall recite that it is adopted pursuant to this chapter. C. Amendments: Said uniform sign code is hereby amended to read as follows: 1. Section 103(d): Section 103(d) of the code is amended to read as follows: "Sec. 103(d). Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any provision of this ordinance or of this code. Each day that a sign is allowed to remain out of compliance with this ordinance or the code may be deemed a separate violation. Any sign which does not conform to this ordinance or the code is hereby declared to be a nuisance and may be abated as provided in the Chubbuck criminal code as Ordinance - Page 10 chubbuck101612. ord w bldg code amend.wpd now in effect and as it may hereafter be amended. The city may also seek injunctive relief in a court of competent jurisdiction. In any civil action, the city may request and the court may award the city its costs, including a reasonable attorney fee. Existing nonconforming signs shall be removed within one hundred twenty days after the effective date of this ordinance; provided, that permanent signs lawfully in existence on the effective date of this ordinance may be allowed to remain if within said one hundred twenty day period such signs receive design review approval upon applications properly made under the Chubbuck land use ordinance as now in effect and as it may hereafter be amended. Proposals to place or erect signs after the effective date of this ordinance which do not conform to this ordinance or the uniform sign code may be processed in the same manner as applications for variances under the Chubbuck land use ordinance as now in effect and as it may hereafter be amended." 2. Temporary Signs: Section 1401 of the code is hereby amended to read as follows: "Sec. 1401. No temporary sign shall exceed one hundred square feet in area. Temporary signs of rigid material shall not exceed thirty two square feet in area, or six feet in height, nor shall any such sign be fastened or affixed to the ground. A maximum of five temporary signs, other than signs of a political nature, shall be allowed for any business, person, or entity at any one time. Any signs of the same or similar type exceeding this limit may be removed by the city without notice or compensation. A permit shall be obtained from the Chubbuck city clerk or the clerk's designee for any temporary sign other than those of a political nature. Upon receiving an application for a permit for temporary signs, the clerk or the clerk's designee shall make the sign regulations available for review by applicant. No sign shall be affixed in any way to any streetlight or power pole, to any street or traffic control sign or to any stop sign. Any signs so affixed may be removed by the city without notice or compensation. Temporary signs may remain in place not exceeding sixty days. Provided, however, that temporary signs identifying a specific event or activity shall be erected not earlier than ten days before the event or activity begins, and removed not later than five days after the event or activity has ended. Temporary signs for businesses shall not be replaced by any other temporary sign relating to the same or similar subject matter on the same premises for at least six months. Provided, further, that political temporary signs may be erected not earlier than thirty days before the first election in which the candidate or subject of the sign will be considered, and shall be removed not later than five days after the date of the last election that year in which the candidate or subject will be considered. Notwithstanding any other provisions of this section or of this code, signs with electric lighting that are temporary or designed to be portable are prohibited. Temporary signs in residential areas shall not be lighted, nor illuminated by spot lighting." 3. Local Codes: Wherever the uniform sign code refers to a local electrical code or Ordinance - Page 11 chubbuck101612. ord w bldg code amend.wpd other local code which has not been adopted by the city, such references shall be deemed to be a reference to the applicable code adopted by, or other pertinent provisions of, a statute of the state or regulation duly promulgated by an administrative agency of the state, as now in effect or as they may hereafter be amended. D. Filing: Three (3) copies of the +9-79 1997 edition of the uniform sign code, together with three (3) copies of this section and any ordinance adopting further amendments thereto, together with resolutions of the mayor and council adopting future editions of the code, all to be certified by the city clerk, shall be maintained on file in the clerk's office for use and examination by the public. 16.08.140: eilFORM INTERNATIONAL BUILDING CODE: " UFni€erm International building code" means the latest edition of the nrrifarm International building code and appendices thereto, published by the international eonference of Building Officio International Code Council, which has been adopted by the mayor and council of the city. 16.16.120: REPAIR OF AND SAFEGUARD AGAINST DAMAGE: If the city engineer determines that public facilities, or facilities to be dedicated to the public, are being damaged in the course of development, the engineer may issue a directive to responsible parties that development work cease until the damage is repaired and safeguards adopted to prevent further damage. Parties adversely affected by such directive shall be entitled to hearing under procedures provided with respect to "stop work" orders in the uniferm International building code. The city may enforce the engineer directive in the manner provided in said code. 16.24.010: REQUIRED: The standards prescribed in this title shall be enforced, and relief from such standards may be granted, in the manner set forth by the uniform International building code. In the event that the city commences and prevails in a civil action to enforce this title, the city shall request and the court may award the city its costs, according to court rule, together with a reasonable attorney fee, and such other or further relief as the court may deem just. 18.06.190: PRODUCTION BUILDING: 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. A. Class I Production Building: 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 (24') 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; Ordinance - Page 12 chubbuck101612. ord w bldg code amend.wpd 5. Which conforms to the building codes and standards including (without limitation) the uniform building International Residential code, as amended, applicable to site buildings as defined herein; and 6. Which is used as a permanent dwelling. B. Class II Production Building: A "production building", as defined above, that: 1. Satisfies subsections Al and A2 of this section; 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 multisectional and encloses a space of not less than one thousand (1,000) square feet; 6. Has a pitched roof with a minimum slope of sixteen percent (16%) (2:12); 7. Has 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 fascia 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 backfilled foundation having an anchoring system that is totally concealed under the structure and is such that the home is located not more than twelve inches (12") 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. 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. Ordinance - Page 13 chubbuck101612. ord w bidg code amend.wpd C. Class III Production Building: 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. D. Nonresidential Production Building: A production building which is not used as a "dwelling", as that term is defined herein and which satisfies subsections Al through A5 of this section. E. Production Building Cluster Arrangement: 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 subsection 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 98, regardless of whether said subdivision, park, court or area was or is constructed, built or maintained in conformance with subsection 18.12.030K of this title. 18.13.110: DESIGN CRITERIA: A. As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons. B. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site. 1. Setback: A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to one hundred percent (100%) of tower height as measured from ground level, unless applicant demonstrates that because of design, landscaping or screening, unusual geographic limitations or other public policy considerations such a setback is unnecessary and the city, in its sole discretion, determines such a setback is not necessary. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the city. Such considerations shall include by way of illustration and not limitation, but are not limited to: a. Impact on adjacent properties; b. Alternative sites for personal wireless facilities; and c. The extent to which screening and camouflaging will mitigate the effects of the personal wireless facilities. Ordinance - Page 14 chubbuck101612 ord w bldg code amend.wpd 2. Right Of Way Setback Exception: The setback requirement may be waived if the antenna and antenna support structure is located in the city right of way. 3. View Corridors: Due consideration shall be given so that placement of towers, antenna, and personal wireless service facilities do not obstruct or significantly diminish views of the mountains west and south of the city. 4. Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. Security fencing should be colored or should be of a design which blends into the character of the existing neighborhood. 5. Lights, Signals And Signs: No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, in cases where there are residences located within a distance which is three hundred percent (300%) of the height of the tower, then dual mode lighting shall be requested from the FAA. 6. Equipment Structures: Ground level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures. The standards for the equipment buildings are as follows: a. The maximum floor area is three hundred (300) square feet and the maximum height is twelve feet (12'). Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than two hundred fifty feet (250') from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures. b. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances, code sections or regulations. c. Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antennas may also be located within the building on which the antenna is mounted. d. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures. e. Equipment buildings, antenna, and related equipment shall occupy no more than twenty five percent (25%) of the total roof area of the building the facility is mounted on, which may vary in the city's sole discretion if collocation and an adequate screening structure is used. f. The use must be approved on a site plan or final development plan, as applicable. 7. Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this Ordinance - Page 15 chubbuck101612. ord w bldg code amend.wpd chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three (3) months of their effective date or the time lines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider's facilities at the provider's expense. 8. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the electronic industries association ("EIA"), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty (30) days, the city may remove the tower at the owner's expense. If the structure is determined by the city to pose an imminent danger to the public, the city shall be entitled to abate the danger through the processes and according to the timetables of the uniform International building code and the 1997 Uniform Code for the Abatement of Dangerous Buildings. 9. Structural Design: Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guywires. 10. Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. 11. Fencing: A well constructed masonry or rock wall, or wooden fence not less than six feet (6) in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate, and there shall be a kKnox box at any such gates. The use of chainlink, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight foot (8) wide landscaping strip. All landscaping shall meet the standards of this code. 12. Tower And Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily; provided additional height beyond the minimum may be allowed if necessary to accommodate collocation. No tower or antenna that is taller than this minimum height shall be approved unless necessary to accommodate collocation. No tower or mount shall exceed one hundred feet (100') in any park, industrial zone or commercial zone. Towers in residential areas are not allowed unless integrated with another structure. Ordinance - Page 16 chubbuck101612. ord w bldg code amend.wpd A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. 13. Required Parking: If the cell site is fully automated, adequate paved parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off street parking shall be made and documentation thereof provided to the city. 14. Tower Separation: In no case shall towers be located closer than five hundred feet (500') from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity. 15. Antenna Criteria: Antennas on or above a structure shall be subject to the following: a. The antenna shall be as architecturally compatible as reasonably possible, with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than sixteen feet (16) above the roofline including parapets. c. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. d. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. e. If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color. f. The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility. g. Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques shall be evaluated by the city, in the city's sole discretion. h. In addition to the other requirements of this chapter, on buildings thirty feet (30') or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied: (1) The city finds that it is not technically possible or aesthetically Ordinance - Page 17 chubbuck101612. ord w bldg code amend.wpd desirable to mount the antenna on a wall. (2) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein. (3) The antenna or antennas and related base stations cover no more than an aggregate total of twenty five percent (25%) of the roof area of a building, which may vary in the city's sole discretion, if collocating and an adequate screening structure is used. (4) Roof mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. (5) No portion of the antenna may exceed sixteen feet (16') above the height of the existing building. i. If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit. j. No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with city ordinances and regulations. k. No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the city may require a third party technical study, at the expense of either or both parties, to resolve the dispute. 1. No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is collocated with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the collocation. in. Antennas shall comply with FCC regulations to minimize interference with the reception of any other communications signals including public safety, television, and radio broadcast signals. n. No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter. 18.32.050: CONDITIONAL OCCUPANCY PERMIT: A. Required: The city council is hereby authorized to issue conditional occupancy permits, under the terms and conditions of this section, whereby buildings or parts of buildings classed as a group B-2 occupancy under the wfiform International building code shall, for a period not to exceed twenty four (24) hours, be regarded as an A-1, A-2, A-2-1, or A-3 occupancy. Upon the issuance of a conditional occupancy permit, the provisions of this section shall prevail over the terms and provisions of the tmiforrrt International building code and uniform International fire code, as applied to said building or parts of buildings. Ordinance - Page 18 chubbuck101612. ord w bldg code amend.wpd B. Definitions: As used in this section, all terms defined in the uniform International building code or uniform International fire code shall have the meanings assigned to them by said codes. C. Procedure For Issuance Of Conditional Occupancy Permit: The owner or occupant of a building or part of a building desiring to obtain a conditional occupancy permit (hereinafter referred to as "applicant" or "owner") shall make application therefor on a form provided by the city clerk. Following the submission of the owner's application, the same shall be submitted to the city building official for investigation of the proposed conditional occupancy permit. Said investigation shall be completed within two (2) weeks following the submission of the application. At the next city council meeting, the application along with the results of the building official's investigation and his recommendation shall be considered by the city council. No conditional occupancy permit shall be granted, until and unless the city council determines that, based upon: 1) the recommendation of the building official, 2) the requirements of this section, and 3) such additional requirements as may be imposed by the city council, the proposed change in occupancy classification will not create a hazard to the public. Upon such determination, the city council shall direct the city building official to issue the conditional occupancy permit upon the building official's determination that the applicant has complied with all conditions imposed by this section and such other conditions as the building official may recommend and the city council may impose as a condition to the issuance of the conditional occupancy permit. D. Determination Of Occupancy Load: Following the issuance of the conditional occupancy permit, the city building official shall make a determination as to the maximum occupancy load permitted for the applicant's structure, which determination shall be made in accordance with the provisions of this section. The occupancy load for the applicant's structure shall be limited to the lesser of one occupant per ten (10) square feet of open space or one hundred (100) occupants per linear foot of exit doors. For purposes of determining the permitted occupancy load, areas more than one hundred twenty five feet (125') from a main exit shall not be included in determining the permitted occupancy load. E. Minimum Facility Requirements: In addition to such other and additional requirements which the city building official may recommend or the city council may impose, the following minimum facility requirements shall be satisfied prior to the issuance of a conditional occupancy permit. 1. All areas within the structure which are accessible to the public shall have exits in two (2) directions except for hallways and/or corridors not exceeding forty feet (40') in length and with a width of not less than forty feet (40'). 2. All areas of the structure shall be protected by automatic fire suppression systems. 3. All areas open to the public shall be located on one floor with an exit at ground level. 4. An automatic alarm system shall be installed on the premises which is capable of being clearly heard in all areas open to the public. 5. The facility shall have a central public address system which can be clearly heard in all areas open to the public and which shall have an operator at all times when any area of the structure is open to the public. Ordinance - Page 19 chubbuck101612. ord w bldg code amend.wpd 6. "No smoking" signs shall be installed throughout any part of the structure which is open to the public and: a) shall be placed no more than one hundred feet (100') apart; b) shall be placed at each exit and entrance; and c) shall be printed with contrasting colors and with letters at least four inches (4") in height. F. Limitations On Use Of Structure: Upon issuance of the conditional occupancy permit, the structure may be used for any lawful purpose, subject to the following restrictions: 1. There shall be no open flame heating or warming of food or drink, except in areas which are allowed to prepare foods under existing laws, ordinances, and regulations of the city and the state and which are operated by persons holding a valid city business license for such operations. 2. The smoking of tobacco or other products by any person inside of the structure shall be prohibited and said prohibition shall be strictly enforced. 3. No combustible or flammable solids, liquids, or gases shall be allowed anywhere in the premises. 4. No alcoholic beverages shall be served or allowed anywhere on the premises. 5. All electrical connections for appliances operated during the period of time covered by the conditional occupancy permit shall be inspected and approved in advance by the city building official, and shall be subject to ongoing inspection while the conditional occupancy permit is in effect. G. Employment Of Emergency Personnel: During any period of time that a conditional occupancy permit is in effect and the occupancy of the premises exceeds that which would have been allowed but for the provisions of this section, the city shall, subject to reimbursement by the owner as hereinafter set forth, provide police and fire protection personnel, as follows: 1. Fire protection personnel: a. One member of the volunteer fire department (hereinafter "fireman") shall be stationed at each major exit, which is defined for purposes of this section as being any exit forty eight inches (48") or more in width. b. One fireman shall be required per three (3) minor exits. c. Regardless of the number of major and minor exits, at least two (2) firemen shall be on the premises at all times. d. All firemen assigned to the premises shall be in uniform and carry two-way radios. e. The fire chief of the fire department shall designate or appoint a command officer from among those firemen assigned to the premises. Said command officer shall have exclusive control of the firemen on the premises and shall be responsible for the supervision, positioning, and direction of the firemen. 2. Police personnel: a. At least one member of the police department (hereinafter "policeman") shall be stationed on the premises for each one thousand five hundred (1,500) occupants. Ordinance - Page 20 chubbuck101612. ord w bldg code amend.wpd b. Regardless of the number of occupants, at least two (2) policemen shall be on the premises at all times. c. All policemen assigned to the premises shall be in uniform and carry two-way radios. d. The chief of police of the police department shall appoint a command officer from among those policemen assigned to the premises. Said command officer shall have exclusive control of the policemen on the premises and shall be responsible for the supervision, positioning, and direction of the policemen. 3. The city personnel assigned to the premises pursuant to this section shall be and hereby are authorized to issue such other directives or orders, during the time that the permit is in effect, as may be reasonably necessary to ensure that the increased occupancy loads permitted by this section do not create a hazard to the public. 4. Additional personnel may be required by the fire chief and chief of police by so notifying the owner of the premises in advance of the effective date of the conditional occupancy permit. 5. The wages of all policemen and firemen assigned to the premises shall be paid by the city at the regular hourly or overtime rates then applicable. The owner shall reimburse the city for the cost of such wages, including any reasonable additional charges which the city may impose to cover administrative expense. The amount of such reimbursement shall be stated on the conditional occupancy permit and shall be paid to the city twenty four (24) hours in advance of the effective date of the conditional occupancy permit. 6. In the event the number of available city police or fire personnel are not sufficient to satisfy the requirements of this section, the city council may revoke or refuse to issue the requested conditional occupancy permit. H. Enforcement: 1. In the event an owner fails to comply with: a) the terms of this section; b) the terms of the conditional occupancy permit, following the issuance thereof; or c) the directives or orders issued by the city personnel pursuant to their authority under this section, the chief of police, the fire chief or their designees shall be entitled to immediately revoke the conditional occupancy permit without further notice or hearing. In the event the conditional occupancy permit is revoked pursuant to this section, the chief of police, the fire chief or their designee shall be and is authorized to order and direct that the premises be vacated to such an extent as may be necessary to comply with the occupancy loads permitted by the tmi€6rm International building code and uniform International fire code. 2. It shall be a misdemeanor, punishable by incarceration not to exceed six (6) months and a fine not to exceed five hundred dollars ($500.00), for any person to violate any of the terms and provisions of this section, the terms of the conditional occupancy permit, or the directives and orders issued by city personnel pursuant to their authority under this section. Without limiting the foregoing, it shall be a misdemeanor punishable in the manner set forth above for any person to serve, use or consume alcoholic beverages or smoke any tobacco products or other materials on the premises after having been advised that such conduct is prohibited while the conditional occupancy permit is in effect. Ordinance - Page 21 chubbuck101612. ord w bldg code amend.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapters 5.40, 6.08, 8.08, 8.34, 8.36, 9.20, 15.04, 15.08, 15.20, 15.16, 15.24, 16.08, 16.24, 18.06, 18.13, and 18.32 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 8 day of Jaa , 2012. yen M. England, Mayj ATTEST: Richard Morgan, City gerk Ordinance - Page 22 chubbuck101612. ord w bldg code amend.wpd LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 October 31, 2012 Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: Enclosed is a rather long ordinance that updates the municipal code references to the International Building Code and some other minor clean up provisions. I'm copying this to Steve Smart, Ray Griffin and Paul Andrus so they can also review it. Because we are making some amendments to Title 18, this will need to be reviewed by land use at the December meeting and be subject to a public hearing before it is adopted at both the land use and City Council levels. If possible, we might put it on as a discussion item on the November land use agenda so we can have a public hearing in December if there is sufficient time. Sincerely, J. TJH/ah chubbuck103112.1l.wpd Enclosure cc Steve Smart Ray Griffin Paul Andrus