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0365 Screening Fence 1992CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 365 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING DEFINITION OF SCREENING FENCE AND SOLID FENCE TO THE GENERAL LAND USE DEFINITIONS OF CHAPTER 18.04.050 OF THE CHUBBUCK MUNICIPAL CODE; AMENDING SECTION 18.12.020(C) TO PROVIDE SOLID FENCES AROUND COMMERCIAL STRUCTURES OR USES BORDERING RESIDENTIAL AREAS MAY BE A MINIMUM OF SIX FEET IN HEIGHT AND FURTHER PROVIDING THAT THE DETERMINITION OF SUFFICIENT LANDSCAPING OR SCREENING TO SATISFY THE BUFFER REQUIREMENTS SHALL BE BY THE BUILDING INSPECTOR OR THE BUILDING OFFICIAL SUBJECT TO REVIEW BY THE LAND USE AND DEVELOPMENT COMMISSION AND THE CITY COUNCIL; AMENDED SECTION 18.12.030(E) OF THE CHUBBUCK MUNICIPAL CODE TO REQUIRE A MINIMUM SIX FOOT SOLID FENCE AT DRIVE INN ESTABLISHMENTS BORDERING RESIDENTIAL PROPERTY OR RESIDENTIALLY ZONED AREAS; AMENDING CHAPTER 18.12.030(H) OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR SCREENING FENCES AROUND KENNELS; AMENDING CHAPTER 18.12.030(J) TO PROVIDE FOR SCREENING FENCES AROUND OUTDOOR STORAGE AREAS FOR COMMERCIAL AND INDUSTRIAL PRODUCTS; AMENDING CHAPTER 18.12.030(K) OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR SOLID FENCES BETWEEN A PRODUCTION BUILDING CLUSTER ARRANGEMENT AND ADJOINING PROPERTY; AMENDING CHAPTER 18.12.030(N) OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR SCREENING FENCES AROUND VEHICLE STORAGE SITES; AMENDING CHAPTER 18.12.040(D) OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR SOLID FENCES AROUND CERTAIN TRASH AREAS; AMENDING 18.12.040(E) TO PROVIDE FENCES SHALL NORMALLY BE SIX FOOT HIGH BUT GRANTING THE BUILDING OFFICIAL OR BUILDING INSPECTOR DISCRETION TO AUTHORIZE A FENCE HEIGHT OF UP TO EIGHT FEET BASED UPON CERTAIN FACTORS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 18.04 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. Addition to 18.04.050. The following shall be added to Section 18.04.050 of the Chubbuck Municipal Code, which Section controls definitions under the Title 18, Land Use: FF. "Screening Fence" as used in this Title shall mean a fence which significantly obstructs the view from one side of the fence to the other, and includes a fence composed of block, wood, concrete or other masonry products, and a chain link fence with a single layer of slats inserted diagonally. Ordinance - Page 1 dsc chbbck07.308 The slats for a chain link fence must be approved by the City Building Official, Building Inspector or their designee prior to installation. GG. "Solid Fence" as used in this Title shall mean a fence which completely obstructs the view from one side of the fence to the other. A chain link fence with two sets of slats inserted diagonally and at right angles to each other is a solid fence under this Title. A chain link fence with a single layer of slats will not qualify as a solid fence. The slats for a chain link fence must be approved by the City Building Official, Building Inspector or their designee prior to installation. Section 2. Amending 18.12.020(C). Section 18.12.020(C) of the Chubbuck Municipal Code is amended to read: C. Side and rear yard requirements for nonresidential uses abutting residential districts. 1. Nonresidential structures or uses shall not be located nor conducted closer than forty feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent of the requirement if acceptable landscaping or screening or combination thereof is provided. Such screening shall be a masonry or solid fence a minimum of six feet in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of or in addition to such wall or fence shall be properly maintained and shall, at a minimum, consist of a strip of land not less than twenty feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting . 2. The landscaping and/or screening needed skall bc ~ufficicnt to satisfy the requirements of this provision and reduce the minimum yard requirements by fifty percent shall be determined in each case by the ~A~ ...... ~ ........·~^~ Buidling Inspector Building Official, subject to review by the Land Use and Development Commission and the City Council. Section 3. Amending 15.12.030(E). Section 18.12.030(E) of the Chubbuck Municipal Code is amended to read: E. Drive-in establishments shall -- Ordinance - Page 2 dsc chbbck07.308 1. Be enclosed on the property line with maintained landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties. 2. Have a minimum six foot high, ~ ..... ~- solid fence along the property lines .... ~ .... residential property or that adjoin a residentially zoned areas. 3. Provide for adequate trash receptacles. 4. Avoid the direction of night lighting toward any residence. Section 4. Amendinq 18.12.030(H). Section 18.12.030(H) of the Chubbuck Municipal Code is amended to read: H. Kennels. 1. Commercial kennels shall: a. Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs in such commercial kennel, which cage, structure, dog run or kennel 1) shall have a minimum area of fifteen square feet for each dog kept therein; 2) shall be located at least three hundred feet from any structure intended for human occupancy or use, except for the owner's residence; 3) shall have such screening fences or structure as may be necessary to confine the dogs and screen them from public views and from views from abutting properties; and 4) shall contain facilities for the disposal of animal waste, other than through the Use of the city's garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties. b. Comply with all other state and local regulations relative to such operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. 2. Hobby Kennels shall -- a. Only be maintained upon a lot which has a minimum area of four thousand square feet for each dog kept on such lot, regardless of the number of persons keeping or harboring dogs on such lot. Ordinance - Page 3 dsc chbbck07.308 b. Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs kept in such hobby kennel, which cage, structure, dog run or kennel 1) shall have a minimum area of fifteen square feet for each dog kept therein; 2) shall be located as far as possible from any structure intended for human occupancy or use, except for the owner's residence; 3) shall, in any event, be located at least one hundred feet from any such structure, except for the owner's residence; 4) shall have such screening fences or structures as may be necessary to confine the dogs and screen them from views from abutting properties; and 5) shall contain facilities for the disposal of animal waste, other than through the use of the city's garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties. c. Comply with all other state and local regulations relative to such an operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. Section 5. Amending 18.12.030(J). Section 18.12.030(J) of the Chubbuck Municipal Code is amended to read: J. Outdoor storage of commercial and industrial products or materials shall-- 1. Be enclosed by a properly maintained screening fences or other structures sufficient to ..... ~ ..... ~ screen the commercial and industrial materials from the views from any of existing .... d~ncc residential property or adjoining ~A_~ ~ residentially zoned area~, whether or not such property is separated by an alleyway or street. area. Not be located in any front yard setback Section 6. Amending Chapter 18.12.030(K). Section 18.12.030(K) of the Chubbuck Municipal Code is amended to read: K. Production building cluster arrangement -- Cluster arrangements are mandatory for Class III production buildings. The following standards shall apply to residential clusters, and shall control in event of conflict with any other provision of this title: Ordinance - Page 4 dsc chbbck07.308 acres. The minimum area to be developed shall be two 2. The minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be ten. 3. The intent of the clustered arrangement being for long-term residential occupancy, no space shall be rented for periods less than thirty days. 4. Off-street parking areas shall be provided at the rate of at least two car spaces for each dwelling. 5. Clusters shall be buffered against adjoining land uses in the same manner prescribed for nonresidential uses adjacent to residential uses, in subsection 18.12.020(C) of this chapter. 6. There shall be at least twenty feet between the dwelling and at least twenty feet between an individual dwelling and any adjoining pavement areas of a park, street, sidewalk, common parking area or other common area. There shall be at least a twenty foot rear yard for each dwelling on which an accessory building not to exceed eighty square feet shall be allowed. Awnings open on three sides shall be allowed as an attachment to the side of a dwelling provided there is at least ten feet from the awning to the other dwelling or attachment to the dwelling on an adjoining area. 7. Ail improvements within the cluster arrangement including streets and utilities shall be completed within two years from the issuance of the conditional use permit. 8. The cluster arrangement shall be screened from adjoining property and streets by a solid ~.~,~-~ fence, with such additional landscaping as the city council may require. 9. The developer of a cluster arrangement shall be required to obtain design review clearance for the overall development prior to obtaining a conditional use permit. 10. No cluster arrangement shall be allowed where access to the court is by a local, as opposed to arterial or collector, street. 11. Signs shall not exceed nine square feet. Under no circumstances may such signs be of exposed neon or have any flashing or moving parts. Ordinance - Paqe 5 dsc chbbck07.308 12. Each dwelling space shall be a minimum of five thousand square feet in area. 13. Each dwelling space shall contain no more than one production building and each such building shall be a single-family dwelling. 14. Except as otherwise provided herein, the cluster arrangement shall meet all applicable provisions of Titles 16 and 17 of this code, as they may be amended. The city council shall have the right in approving a production building cluster arrangement under this section to impose any additional conditions, including increasing the above standards and requiring the approval of operating and management standards, which are found by the council necessary to the area where it is located. Section 7. Amending 18.12.030(N). Section 18.12.030(N) of the Chubbuck Municipal Code is amended to read as follows: N. Vehicle storage sites shall -- 1. Be enclosed by ~ properly maintained screening fences cr cthcr structurcs sufficient to keep ccmplctcly screen vehicles on the premises from public view and from the view9 of from existing adjoining rcsi~cnccs~ residential property or residentially zoned areas, whether or not such property is separated by an alleyway or street. Any screening fence constructed to satisfy this requirement shall not exceed eight feet in height, measured from the natural elevation of the land. These requirements shall supplement other provisions of Title 18 and if another provision also applies, the more restrictive shall control. Section 8. Amendinq 18.12.040(D) and (E). Section 18.12.040(D) and (E) of the Chubbuck Municipal Code is amended to read: D. Required trash areas. Ail trash and/or garbage collection areas for commercial, industrial and multi-household residential uses shall be enclosed on at least three sides by a well maintained solid wall or solid fence of at least five feet in height or within an enclosed building or structure, unless the trash and/or garbage is confined to a single container. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be provided. Ordinance - Page 6 dsc chbbck07.308 E. Except where screen or buffer fences are otherwise required or authorized by this title, ~ nc fences shall not exceed ~A~A~--~..~A~ .... ~ six feet in height; provided however the Building Official, Building Inspector or a designee of either of them may authorize a fence height of up to eight feet based on a consideration of these factors: 1_~. Security need. 2~ Type of commercial use bordering residential or residentially zoned area. Aesthetics. Surrounding property uses. Fences in immediate area. 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 18.04 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 7 dsc chbbck07.308 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this ATTEST: CITY CLERK 28th. day of~ JANUARY , 1992. Ordinance - Page 8 dsc chbbck07.308