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HomeMy WebLinkAbout07 18 1990 Ord. 337PROOF OF PUBLICATION STATE OF IDAHO ss. County of Bannock CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 337 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHUBBUCK MUNICIPAL CODE SECTION 18.04 TO DEFINE ADULT BUSINESS; AMENDING CHUBBUCK MUNICIPAL CODE SECTION 18.08.040 TO PROVIDE FOR ADULT BUSINESSES IN THE SCHEDULE OF LAND USE CON- TROLS; REPEALING PRIOR CON- FLICTING ORDINANCES; PRO- VIDING FOR THE SEVERABILI- TY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 18.04 and 18.08 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAY- OR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Purpose. The propose of this ordinance is to define adult businesses and provide locations within the City of Chubbuck where such businesses may be located. IN so doing, any adult business will be required to obtain a conditional use permit for location so that appropri- ate restrictions can be put upon the business with respect to the times and manner in which such business is conducted. In passing upon any such conditional use permit applica- tion, the hearing body shall take into consideration the likelihood minors may be exposed to or obtain materi- als from such adult businesses, the proximity of any such business to places selling alcoholic beverages, the likelihood that alcoholic bever- ages may be consumed upon the premises, the rights of the citizens to have access to these types of businesses as well as such other matters that are to be considered under this code. Section 2. Definitions. The following definition for adult businesses shall be added to Section 18.04.050 of the Chubbuck Municipal Code: E.E. "Adult business" shall mean a business which derives more than 59;o of its gross income from selling or renting any of the materials described in Idaho Code Section 18- 1514 or which sells or rents any of the material described in Section 18- 4105. Section 3. Amendment of Section 18.08.040. Section 18.08.040(A) of the Chubbuck Municipal Code is amended to read: 18.08.040 Schedule of General Con- trols. A. Land Uses by District. Land Uses Adult Business Districts A R-1 R-2 R-3 R-4 C-1 C-2 I X X X X X X X C ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Or- dinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the rh„hhi,rk AA,inhrPn.l ri..,,k7,-h — Sandra K. Wann being first duly sworn on oath deposes and says: That she was at all times herein mentioned a citizen of the United States of Ameri- ca, more than 21 years of age, and the Principal Clerk of THE IDAHO STATE JOURNAL, a daily newspaper, printed and published at Pocatello, Bannock County, Idaho, and having a general circulation therein. That the document or notice, a true copy of which is attached, was published in the said IDAHO STATE JOURNAL, on the following dates, to -wit: 18 July 1990 .......... - --- -,- --, 19 , 19 19 -.1-. . 19 ---- 19 _ _- , 19 That said paper has been continuously and uninterruptedly published in said County for a period of seventy-eight weeks prior to the publication of said notice or advertisement and is a newspaper within the meaning of the laws of Idaho. STATE OF IDAHO couny of Bannock On this 18th day of Jury is the year of1990 . before ■e. a Notary Public, personally appeared Sandra K. Wann known or 7deatified to se to be the person chose name subscribed to the within instrumont, and being by at first duty sworn, declared that the statcsmcnts therein are true, and aehnowlodged to me that he executed the same N ' ry Public got Ida1ro 11 Residing at - Hy coinission expired