HomeMy WebLinkAbout11 25 1985 Ord. 274PROOF OF PUBLICATION
STATE OF IDAHO
County of Bannock
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 274
AN ORDINACE OF THE CITY OF
CHUBBUCK, IDAHO, FINDING THAT
AN IMMINENT PERIL TO THE PUB-
LIC HEALTH, SAFETY OR WELFARE
REQUIRES ADOPTION OF A MORATO-
RIUM UPON THE ISSUANCE OF SE-
LECTED CLASSES OF PERMITS; ES
TABLISHING SUCH A MORATORIUM
ON THE ISSUANCE OF BUILDING
PERMITS OR CONDITIONAL USE PER-
MITS INVOLVINGDUPLEXES,
THREE PLEXES, FOUR PLEXES, AND
APARTMENT BUILDINGS; PROVID-
ING FOR SEVERABILITY; AND PRO-
VIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE,
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Reasons for Finding of
Imminent Peril to Public Health, Safety
or Welfare. The Mayor and Council of the
City of Chubbuck, Idaho hereby find that
an imminent peril to the public health,
safety or welfare exists with regard to
the unregulated construction of duplexes,
three plexes, four-plexes and apartment
buildings within the City of Chubbuck,
Idaho, for the following reasons.
(a) Within the City's residential land use
districts, the uncontrolled development of
multiple household dwellings has had a
substantial, permanent adverse impact
upon real estate values in such land use
districts.
(b) The City's Land Use and Develop-
ment Commission has proposed to the
City Council the adoption of an amend-
ment to the City's land use ordinance
Which would limit multiple household
dwellings to a pre determined percentage
of total residential structures within se-
lected land use districts.
(c) The issuance of building permits or
conditional use permits for multiple
household dwellings while the City Coun-
cil gives consideration to the adoption of
the amendments proposed by the Land
Use & Development Commission would
frustrate the City's attempts to regulate
the construction of multiple household
dwellings and would further exacerbate
the problems which the City is now
experiencing with the unregulated devel-
opment and construction of multiple
household dwellings.
(d) The unregulated development and
construction of multiple household dwell-
ings has had a negative impact upon the
City's attempts to plan for future growth
and has also impacted the City's streets
and utilities.
SECTION 2: Imposition of Moratorium. A
moratorium is hereby imposed upon the
issuance of any building permits or condi-
tional use permits for any multiple house-
hold dwelling, including, but not limited
to, duplexes, three-plexes, four-plexes,
and apartment complexes within the City
of Chubbuck, Idaho, for a period of one
hundred twenty {120) days commencing
on the date that this ordinance takes
effect, as hereinafter provided.
SECTION 3: Severability. If any section
or provision of this ordinance is held
invalid by any court of competent juris-
diction, such holding shall not affect the
validity of the remaining sections or
provisions.
SECTION 4; Effective Date. On the 18th
day of November, 1985, a notice appeared
in the Idaho State .Journal, advising the
public that a hearing on the question of
whether the above -defined moratorium
should be adopted would be held on the
19th day of November, 1985. The Council
hereby ?finds and determined that this
abbreviated nntiro of h—rinn i, rhe ,..,.mss
Sandra K. Herald
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:
November 25 11985
— 19
19 19-
19— __. 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.
Subscribed and sworn to before me this
day of November ,1985
29th
Notary Public, State of Idaho
Residence: Pocatello, Idaho