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0604 Enumeration of Districts 20050 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 604 CJ AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ALLOWING A GREATER PERCENTAGE OF STRUCTURES TO BE ALLOWED IN CERTAIN ZONES AND ESTABLISHING PROCEDURES TO ALLOW SUCH EXCEPTIONS WITHIN A DEFINED GEOGRAPHIC AREA; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 18.08 AND 18.12 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. The following amendment to Sections 18.08.010 and 18.12.040 are hereby adopted: 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. Major home occupations may be conditionally permitted. An abutting zero lot line residence may be conditionally permitted in an existing R-1 development and are 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„ N 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 neighbor- hoods 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 at existinv R-2 development and are permitted in a proposed R-2 subdivision if each lot upon which a zero lot line residence would be constructed is disclosed on the preliminary and final plat. fn Unless an exception is gramma, no more tnan ten percent 1 iu-/o► 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. elass ff production buildings mid major honle occupations may also be conditionally pemfitte . D. 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 dine residences, threeplexes and fourplexes shall be allowed, but in order to maintain an appropriate mixture of Ordinance - Page 1 chubbuck05.11.05 - ordl 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 not compose more than twenty-five percent (25%) of the structures in any district 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. etass ff production buildings and major honie ocenpations may also be conditionafly permitted. Class III residential production buildings are allowed only in clustered arrangements as provided elsewhere in this Title. E. 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 onfy in situations warrmiting issuance of a- —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 Chapter. F. 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. Some larger establishments maybe conditionally permitted if compatible with adjoining uses. G. General Commercial (C-2): The purpose of this District is to provide for a broad 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. H. Industrial (I): 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. 18.12.040:- 1. Density Restriction for Abutting Zero Lot Line Residences, Duplexes, Threeplexes and Fourplexes: In order to maintain an appropriate mixture of single household dwellings, abutting zero lot line residences, duplexes, threeplexes and fourplexes, the design review committee, land use and development commission, city council and city staff shall, in reviewing applications for building permits, design review clearance and conditional use permits for abutting zero lot line residences, duplexes, threeplexes and fourplexes, attempt to achieve a balance among these types of residential dwellings. Unless an exception is granted, W within the limited residential district (R-2), building permits for abutting zero lot line residences and duplexes shall be granted or denied so as to ensure that no more than ten percent (10%) of the structures in any distinct geographical area or subdivision are duplexes. In general residential land use districts (R- 3), design review clearance and building permits for abutting zero lot line residences, duplexes, threeplexes and fourplexes shall be granted or denied so as to ensure that the number of such structures do not exceed twenty-five percent (25%) of the total structures located in any distinct geographical area or subdivision, unless an exception is granted to allow ar�percentage of such structures. Conditional use permits, building permits and design review clearance should also be granted or denied within the limited residential (R-2) and general residential (R-3) land use districts so as to avoid any clustering of double or multiple household dwellings in any particular section of a distinct geographical area or subdivision in conflict with the stated goal of establishing a diversity of residential uses in these land use districts. Conditional use permits may be issued so as to cluster abutting zero lot line residences in a single family residence (R-1,) zone, zero lot line residences and duplexes within a limited residential (R-2) and abutting zero lot line Ordinance - Page 2 chubbuck05.11.05 - ordl • 0 residences, duplexes or threeplexes within a land use district and building permits and design review clearance may be issued so as to cluster threeplexes and fourplexes within a general residential (R-3) land use district if the same is necessary to take into account unique conditions affecting aesthetics, traffic movement and control, municipal services, utilities or open urban space available for recreation and other purposes. In each instance, the determination of what constitutes a distinct geographical area or subdivision shall be made by the land use and development commission, subject to de novo review by the city council. In making this determination, the commission and council shall consider the actual boundaries of subdivisions, existing neighborhoods, natural boundaries and barriers such as streams, canals and roads, school and church locations, and other factors which may make a particular area a distinct and cohesive neighborhood unit. I£ 1) a subdivision plat designates certain lots for development of abutting zero lot line residences, duplexes, threeplexes, fourplexes or apartments; 2) the total number of such lots complies with the density restrictions of the section; and 3) the plat has been approved, and filed in accordance with the requirements of title 17 of this code, then abutting zero lot line residences, duplexes, threeplexes, fourplexes and apartment buildings may be constructed on the lots so designated, and on no others within that subdivision, unless later conditionally permitted, if the land use and development commission and factors in section 18.28. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapters 18.08 and 18.12 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. Ordinance - Page 3 chubbuck05.11.05 - ord1 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 13th day of Sept� , 2005. LIZ, "ORAYOR ATTEST: Ron Conlin, CITY CLERK Ordinance - Page 4 chubbuck05.11.05 - Ord1