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0608 Restrictions in a Limited Commercial Zone 2006• CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 608 0 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECTION 18.12.060, RESTRICTIONS IN A LIMITED COMMERCIAL (C-1) ZONE; CHANGING THE MAXIMUM HEIGHT OF A BUILDING IN AN R-2 LIMITED RESIDENTIAL ZONE TO THIRTY-FIVE FEET; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 18.12.060 shall be added to the Chubbuck Municipal Code as follows: 18.12.060. Restrictions in a Limited Commercial (C-1) Zone. The following restrictions shall be applied by the Design Review Committee, the Land Use and Development Commission and the City Council when a structure will be built or placed in a limited commercial (C-1) zone and at least one of the abutting properties is zoned residential or is used for residential uses: 1. The building height shall not exceed thirty-five (35) feet unless the building on a residentially zoned property or a residence on an adjoining lot exceeds that height, in which case the limits of 18.08.040(b) for a C-1 zone shall apply. 2. The minimum front yard setback, as well as the minimum total lot width, shall not be less than that required on an adjoining residence or residentially zoned property unless conditionally permitted. 3. Mechanical equipment must be located or screened to limit sound transfer to nearby residentially zoned lands. 4. Noise -producing mechanical equipment must be located at least twenty (20) feet from any common property line with residentially zoned lands. 5. Fences shall be maintained along residential property lines to prevent the intrusion of unwanted light, dust or blowing debris. 6. Openings in buildings and activity centers on sites shall be located to minimize interference with residential uses. 7. Drainage from buildings and parking lot areas shall be detained on-site and shall be directed away from residential land which abuts neighborhood commercial and professional uses. 8. Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of the commercial or professional office activities into the adjacent residential neighborhood. 9. No on -street parking shall be used by employees. Ordinance - Page 1 chubbuckl 01 905ord l.wpd 9 10. Light to allow lighting of the site shall not exceed fifteen (15) feet in height and shall be directed away from residences or residentially zoned land in the vicinity of the site and the light emitted shall be confined to the site as much as reasonably possible with the technology available. 11. The buffering requirements of 18.12.020(C) shall be followed. Section 2. Section 18.08.040(B)(1) shall be amended as follows: B. Regulations: 1. Height and Area Regulations: Minimum Minimum Minimum Minimum Minimum Lot Area Note: 1. Minimum total setback 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. Ordinance - Page 2 chubbuck 10 1 905ord l.wpd Front Rear Side Total Per Household Maximum Yard Yard Yard Yard Dwelling District Heigh t Setback Setback Setback Width (in Square Feet) A 35' 25' 20' 14'-5' 70' 1 acre R-1 35' 25' 20' 14'-5' 70' 7,000 first household, plus 4,000 each additional R-2 4-5-1 20' 20' 14'-5' 60' 6,000 first 35' household, plus 2,500 each additional R-3 50' 15' 15' 10'-0' 40' 5,000 first household, plus 1,500 each additional R-4 60' 10' 10' 10'-0' 40' 2,400 first household, plus 1,000 each additional C-1 45' 10' 10' 10'-0' 40' (same as R-4) C-2 70' 10' -- -- -- 1 70' 10' -- -- -- -- Note: 1. Minimum total setback 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. Ordinance - Page 2 chubbuck 10 1 905ord l.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 14thday of FEBRUARY , 2006. ✓,r STEVEN M. ENGLAND, MAYOR ATTEST: RON CONLIN, CITY CLERK Ordinance - Page 3 chubbuck101905ordl.wpd