HomeMy WebLinkAbout0604 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
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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
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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.
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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
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