HomeMy WebLinkAbout0720 Enumeration of Districts 2013CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. _ZL/-D
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER
18.08 TO PROVIDE FOR A ZONING DISTRICT KNOW AS LIMITED
RESIDENTIAL -P (R -2P) WHICH ALLOWS FOR A SMALLER LOT TO
ACCOMMODATE EITHER ZERO LOT LINE RESIDENCES OR SINGLE FAMILY
HOMES BUILT ON SMALLER LOTS ALLOWED IN THE ZONE; ADDING THE
DEFINITION OF AN R -2P ZONE TO SECTION 18.08.010; AMENDING 18.08.040
(A) SCHEDULE OF GENERAL CONTROLS TO PROVIDE THAT THE SCHEDULE
FOR AN R-2 DISTRICT SHALL APPLY TO AN R -2P DISTRICT; AMENDING
SECTION 18.08.040(B) TO ADD THE HEIGHT AND AREA LIMITATIONS FOR AN
R -2P ZONE; AMENDING SECTION X18.08.040 (Q) TO PROVIDE THE LOT DEPTH
TO WIDTH RATIOS FOR AN R -2P ZONE; ADDING SECTION 18.08.050 TO
PROVIDE FOR A WAIVER OF THE REQUIREMENT TO BUILD TWO ADJACENT
ZERO LOT LINE RESIDENCES; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF
THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER
18.08 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. 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
farmlands, 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.
Mayor home occupations may be conditionally permitted. An abutting zero lot line
residence maybe conditionally permitted in an existing R-1 development and is
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.
Unless an exception is granted, no more than ten percent (10%) of the total
structures in any defined geographic 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. An abutting zero lot line residence
may be conditionally permitted in an existing R-2 development and is permitted in
a proposed R-2 subdivision if each lot upon which a zero lot line residence would
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VI
be constructed is disclosed on the preliminary and final plats. Unless an exception
is granted, no more than ten percent (10%) of the total structures in any defined
geographic area or subdivision shall consist of abutting zero lot line residences or
duplexes. The defined geographic area or subdivision shall, in each case, be
established by the land use and development commission.
5E. 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, threeplexes and fourplexes shall be allowed, but in order to maintain
an appropriate mixture of single household dwellings, duplexes, abutting zero lot
line residences, threeplexes and fourplexes, the issuance of building permits and
design review clearance of duplexes, abutting zero lot line residences, threeplexes
and fourplexes shall be regulated so that duplexes, abutting zero lot line
residences, threeplexes and fourplexes shall not compose more than twenty five
percent (25%) of the structures in any defined geographical area or subdivision,
unless an exception is granted to allow a larger percentage of such structures. The
defined geographic area or subdivision shall, in each case, be established by the
land use and development commission. Class III residential production buildings
are allowed only in clustered arrangements as provided elsewhere in this title.
EF. 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, threeplexes and fourplexes. Because of the density of residential
development within this zone, single household dwellings, abutting zero lot line
residences, and duplexes will be allowed by conditional use permit. Threeplexes,
fourplexes and apartments are permitted. Class III residential production buildings
are allowed only in clustered arrangements as provided elsewhere in this title.
FG. 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. The goal of this district is to integrate limited commercial
activity and professional offices with residential land uses in a climate favorable
to both. Particular attention is to be paid to the interface between commercial and
professional uses and the residential uses within the same neighborhood. Such a
designation is appropriate where commercial activities are to be provided in the
midst of a neighborhood for the benefit of the residents thereof. Such benefits may
include convenience, energy conservation or related factors. Such a designation
may properly apply to a limited area located in a convenient place relative to the
circulation pattern for both vehicles and pedestrians within a neighborhood. Some
larger establishments may be conditionally permitted if compatible with adjoining
uses. Application of this district would also be appropriate where its permitted or
conditionally permitted uses might serve as an effective buffer between a
residential neighborhood and nearby commercial or industrial. uses.
GH. General commercial (C-2): The purpose of this district is to provide for a broad
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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.
HI. Industrial (1): 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 2. Sections 18.08.040 (A), (B) and (C) are amended as follows:
A. The schedule for R-2 shall apply to a R -2P zone.
B. Regulations
1. Height And Area Regulations:
Note:
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Minimum Lot Area
District
Maximum
Height
Minimum
Front Yard
Setback
Minimum
Rear Yard
Setback
Minimum
Side Yard
Setback
Minimum
Total Yard
Width
Per Household
Dwelling
(in Square Feet)
A
35'
25'
20'
14'-5'
70'
1 acre
R-1
35'
25'
20'
14'-5'
70'
7,01000pfirst
houslus each
additional
R-2
35'
25'
20'
14'-5'
60'
6,000 first house-
hold plus 2,500 each
additional
R -2P
35'
25'
20'
14'-5'
S0'
5.000 per household
with no more than
34% of the lot
covered by the
dwelling, and garage
R-3
50'
15'
15'
10'-0'
40'
5,000 house-
hold, plus t1,500 each
additional
R-4
60'
10'
10'
10'-0'
40'
2,400t hour each
hold, plus
additional
C-1
45'
10'
10'
10'-0'
40'
(Same as R-4)
C-2
70'
10'
-
-
-
I
70'
10'
Note:
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LM
Minimum total set back is indicated on left' minimum setback for a side yard is
indicated on right. In addition, the setback for at least 1 of the side yards shall be
a distance of no less than 9 feet.
2. Corner Lot: On a corner lot, regardless of the facing or configuration of the
principal structure, there shall be a yard on one side that is at least the amount of
the minimum front yard setback set forth in subsection B 1 of this section, and the
other side on the corner shall be not more than five feet (5) less than the setback
set forth in subsection B 1 of this section. If a garage or carport opens into the
smaller of the two (2) setbacks, the garage shall set back the same distance as the
required front yard setback on the adjacent corner.
3. Setbacks:. Setbacks for a zero lot line residence grAa single family residence in a
R -2P zone 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 percent (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 feet
(10'). Two (2) 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 unless construction is of a free standing single family home in a
C. Lot Depth to Width Ration: The maximum ration of lot width to lot depth shall
Zone Ratio
A
1:5
R-1
1:2
R-2'
1:2
R -2P'
1_2
R-3
1:3
R-4
1:3
C-1
1:5
C-2
1:5
1
1:5
Note:
1. Lots in excess of 1/4 acre; lots 1/4 acre or under, no applicable ratio.
The lot depth is measured at the farthest point the rear lot line is from the front lot line.
The lot width is measured at the point of the front yard setback, and, in the case of a
corner lot, the shortest line of the two (2) sides bordering a street shall be used. For tracts
that are on hillsides, irregularly shaped, or that have unusual conditions, drainage,
easements or other such matters, which may make these ratios unworkable, the city
building official and other applicable city officials shall work with the owner to devise a
plan for such a lot that is workable. Any deviations from the above ratios shall be subject
to approval by the land use and development commission either at the preliminary plat
stage or upon special application to the commission.
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Section 3. The following Section 18.08.050 is hereby added.
18.08.050: ZERO LOT LINE RESIDENCE WAIVER: Upon application to the Land Use
and Development Commission, the owner or developer of a lot (s) platted or designated for zero
lot line residences may obtain a waiver of the requirement to build two contiguous zero lot line
residences and may, upon the granting of the waiver, construct single family residences that
would comply with the restrictions in a limited residential P (R, 2P) zone. The granting or denial
of such a waiver may be appealed to the Chubbuck City Council within the same time frame and
parameters as set forth in Section 18.28.040 (B) of the Chubbuck Municipal Code.
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 Chapter 18.08 not
herein amended shall remain in effect.
Section 2. LeEerability. 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
CHUEEUCK, IDAHO, this _aay of r , 2013.
.,Leven M. England, Mayor
ATTEST:
Richard Morgan, Ci Clerk
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