Title 9

BUILDING REGULATIONS

CHAPTER 1

BUILDING CODE AND REGULATIONS

9-1-1: UNIFORM BUILDING CODE:

  1. Adoption: The uniform building code, as published by the International Conference of Building Officials, is hereby adopted and enacted as the building code of the city. The most recent edition of said code shall be deemed adopted and enacted as the building code of the city of Rigby. The city, however, does not adopt the fee structure provided therein. All fees shall be set by resolution of the Rigby city council. It is recognized that the most current edition of the uniform building code is that adopted in 1999. Henceforth, each re-codification shall supplant the predecessor and be adopted upon publication of the updated code. (Ord. 491, 7-10-2001)
  2. Code On File: The city clerk has on file three (3) copies of said uniform building code duly certified by the city clerk, and shall so maintain not less than the three (3) copies of the uniform building code and its supplements and appendices thereto, for use and examination by the public in the office of the city clerk. (1980 Code § 4.1.2)

9-1-2: HOUSING QUALITY STANDARDS:

  1. Adoption: The city hereby adopts the housing quality standards for the HUD section 8 existing housing program, as published in the HUD publication, "Housing Inspection Manual: Section 8 Existing Housing Program", March 1985.
  2. Definitions: The city hereby adopts the following definitions:

HOUSING, STANDARD CONDITION: A dwelling unit that has been inspected by a qualified housing inspector who works in, or is familiar with, the section 8 existing housing program, and the summary decision in the inspection report indicates that the unit "passes".

HOUSING, SUBSTANDARD CONDITION BUT SUITABLE FOR REHABILITATION: All of the following conditions must be met:

  1. A dwelling unit that has been inspected by a qualified housing inspector who works in, or is familiar with, the section 8 existing housing program, and the summary decision in the inspection report indicates that the unit "fails";
  2. For such a dwelling that "fails" the section 8 housing inspection, the cost estimates as prepared by an architect or general contractor to rehabilitate the dwelling unit into a "standard condition" as defined above make rehabilitation of the unit "uneconomic" as determined by professionals knowledgeable in the field such as professional public housing personnel, certified architects, loan officers, etc. (Res., 7-5-1989)

9-1-3: COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT:

Each building permit issued as of January 4, 1995, by the city shall bear the following inscription, in addition to all other provisions currently in effect:

NOTICE: All new construction of commercial facilities and public accommodations as defined by law must comply with the construction requirements of the Americans With Disabilities Act, as such Act is amended.

(Res. 21, 1-3-1995)

9-1-4: BUILDINGS IN BUSINESS DISTRICT:

  1. Approval Of Plans And Specifications; Permit And Fee:
  2. No wall, structure, building or part thereof shall be built, enlarged or altered within the business district of the city until the plans, specifications of the proposed work or construction together with a statement of the materials to be used shall first be filed with the city clerk, who shall present said application to the city council for approval or rejection.
  3. If the city council decides that the materials to be used and the style and nature of the buildings are in keeping with the architecture of the surrounding buildings, as in size, materials used, value and other considerations, then they shall authorize the city clerk to issue a permit upon paying a fee for such issuance. (1980 Code § 4.2.1)
  4. Duty Of Public Works Director:
  1. The object of this section is to have in the business district such buildings as may be more uniform in materials, value and symmetry for the appearance of the business district of the city.
  2. The public works director may, when so commanded by the mayor and city council, observe the building of any structure in order to ascertain if the orders of the city council are being observed and report the same to the mayor when so required. (1980 Code § 4.2.2; amd. 1999 Code)
  1. Application Of Section: This section shall be read and understood to be a part of any other chapter or section of this code as applies in any way in the proper observance of the same. (1980 Code § 4.2.3)
  2. Penalty: Any person who violates any subsection of this section shall be deemed guilty of an offense and, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code. (1980 Code § 4.2.4; amd. 1999 Code)

9-1-5: THEATERS; EXITS AND AISLES:

  1. Types Of Exits: Every theater within the city shall have two (2) exits, one in the front and one in the rear of the building, with standard exit doors. (1980 Code § 4.3.1)
  2. Exit Doors: Every required exit door shall be a standard exit door. No single door or leaf to a double door shall be less than four feet (4') wide. No two (2) doors shall be hinged together. No rolling, sliding, or revolving doors shall be counted as an exit from any theater; nor shall any such door be permitted in any theater where it would be liable to be used by the public as an exit. (1980 Code § 4.3.2)
  3. Width Of Aisles: Cross aisles leading to exit in rear of theater shall not be less than four feet (4') wide. (1980 Code § 4.3.3)
  4. Surface Of Ground On Outside At Rear Exit: The surface of the ground at the rear exit of any theater shall be level with the ground floor of the theater at said rear exit. (1980 Code § 4.3.4)
  5. Obstructions: All aisles or passageways shall be kept free from camp stools, chairs and other obstructions, and no person except an employee shall be allowed to stand in or occupy any of the aisles, foyers, or passageways during any performance or public gathering. (1980 Code § 4.3.5)
  6. Violation; Penalty: Any violation of the provisions of this section shall be unlawful, and any person so violating such provisions shall be guilty of an offense and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (1980 Code § 4.3.6; amd. 1999 Code)

CHAPTER 2

MANUFACTURED HOMES

9-2-1: PURPOSE:

This Chapter establishes the minimum standards for the approval of manufactured housing. (Ord. 474, 5-18-1999)

9-2-2: DEFINITIONS:

ACCESSORY STRUCTURE: A structure attached to or located adjacent to a manufactured home such as awnings, carport, garages, porches or steps.

MANUFACTURED HOME: A structure that bears the Department of Housing and Urban Development certification that it has been constructed in conformance with the mobile home construction and safety standards in effect at the time of its construction, and is to be used as a permanent residential dwelling.

PERMANENTLY AFFIXED: A manufactured home which has the running gear and towing hitch or similar devices removed and is set up per manufacturer's instructions on permanent footings, with supports having an anchoring system that is totally concealed under the structure and complies with Department of Housing and Urban Development Standards. (Ord. 474, 5-18-1999)

9-2-3: DEVELOPMENT STANDARDS:

The use of a manufactured home as a permanent residential dwelling on an individual lot shall be permitted in any zoning district of the Chapter which permits installation of a single-family site-built dwelling, provided the following standards are met:

  1. Is multi-section and at least twenty feet (20') wide.
  2. Has a minimum floor area of one thousand (1,000) square feet.
  3. Has roofing materials which are generally acceptable for site-built housing. Any roofing materials may be used provided it has the appearance of a nonmetallic shingle, shake or tile roof. Roofs shall also have a minimum slope of twenty five percent (25%) (3:12) and overhanging eaves.
  4. Has siding materials which are generally acceptable for site-built housing. Any siding materials may be used provided it has the appearance of wood, masonry or horizontal metal siding. Reflection from horizontal metal siding shall be no greater than that from siding coated with white, gloss enamel.
  5. Has a foundation of concrete or other material allowed by the Uniform Building Code for site-built homes which is aesthetically compatible with the manufactured home having the appearance of site-built construction. This means the exterior foundation shall be an extension of the siding or be of materials having the appearance of site-built foundations such as brick, concrete or concrete block.
  6. Is permanently affixed per manufacturer's instructions. Concrete footings shall be thirty six inches (36") below grade.
  7. Has a crawl space with the following minimum measurements: 1) eighteen inches (18") of clearance; 2) twelve inches (12") of clearance under beams; and 3) an eighteen inch by twenty four inch (18" x 24") door.
  8. Complies with all applicable lot size, setback, and other requirements of the zoning district in which it is to be located.
  9. Provides two (2) off-street parking spaces.
  10. Provides right-of-way improvements in the same manner as site-built construction, in accordance with the Uniform Building Code.
  11. Manufactured home owners or purchasers shall own or be purchasing the land upon which their home is to be placed. The owner or purchaser shall record with the CountyRecorder a nonrevocable option declaring the manufactured home as real property.
  12. Manufactured homes shall meet the requirements of the 1995 Edition of the Model Energy Code or other equivalent standard approved by the City. (Ord. 474, 5-18-1999)

9-2-4: ACCESSORY STRUCTURES:

Accessory structures to manufactured housing shall be constructed in compliance with the standards specified by the Rigby Comprehensive Zoning Ordinance, Uniform Building Code, and the Department of Housing and Urban Development Standards. Structures shall be aesthetically compatible with the home to which they are associated. (Ord. 474, 5-18-1999)

9-2-5: ADMINISTRATION AND ENFORCEMENT:

  1. Application: Application shall be made to the Public Works Director on the prescribed form. The completed application shall be filed with the Planning and Zoning Department. The application shall include all information necessary to determine conformity with required development standards of this Chapter, including: exterior dimensions, siding material, roofing material, eaves overhang and any other applicable information. The applicant shall also attach to the application: 1) a copy of the manufacturer's instructions for installation of the home on permanent footings; and 2) a plot plan showing existing conditions and the proposed location of the home and other improvements at a scale of at least one inch equals twenty feet (1" = 20'). (Ord. 474, 5-18-1999; amd. 1999 Code)
  2. Certificates And Inspection:
  3. The applicant shall sign the completed application certifying the manufactured home meets the required development standards of this Chapter and that site development will be in accordance with the plot plan submitted stating that once the manufactured home is permanently affixed the applicant will comply with the requirement for the home to be declared as real property for taxation purposes. These certifications shall be made prior to the moving of the home to the building site.
  4. Following application and plot plan approval by the Planning and Building Departments the Building Official may issue a building permit for the footings and foundation. Upon satisfactory inspection of the footings and foundation for the attachment of the manufactured home, the Building Official shall verify, in writing, that all development standards have been met as certified by the applicant. The home may then be attached to the foundation in accordance with the manufacturer's instruction, City codes for permanent utility connections, and other building requirements.
  5. Prior to occupancy a final inspection shall be made to assure proper attachment of the home to the foundation and placement of a proper foundation facia. (Ord. 474, 5-18-1999)

9-2-6: NONCONFORMING MANUFACTURED/MOBILE HOMES:

A manufactured/mobile home which has been placed and maintained upon an individual lot prior to January 2, 1982 shall be a legal nonconforming use. Such manufactured/mobile homes shall not be relocated within the City without conforming to all applicable provisions contained herein. (Ord. 474, 5-18-1999)

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