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0720 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 Ordinance - Page 1 chubbuck 021813 ord R-2P.wpd 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 Ordinance - Page 2 chubbuck 021813 ord R-2P.wpd 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: Ordinance • Page 3 chubbuck 021813 ord R•2P.wpd 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: Ordinance • Page 3 chubbuck 021813 ord R•2P.wpd 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. Ordinance - Page 4 chubbuck 021813 ord R-2P.wpd 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 Ordinance - Page 5 chubbuck 021813 ord R-2P.wpd