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0528 Land Use Administration 2000SUMMARY OF ORDINANCE NO. 528 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending Chapter 18.28 of the Chubbuck Municipal Code to provide that the designation of geographic areas for purposes of Title 18 shall go through a public hearing process; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 18.28 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202 I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 528 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this Lday of May, 2000. SUMMARY OF ORDINANCE NO. 528 - Page 1 chubbuck05.18a • CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5 2 8 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER 18.28 TO PROVIDE DESIGNATION OF GEOGRAPHIC AREAS UNDER TITLE 18 OF THE CHUBBUCK MUNICIPAL CODE SHALL GO THROUGH A PUBLIC HEARING PROCESS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 18.28 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. Amendments. The following sections of Chapter 18.28 are amended: 18.28.010 Scone. The administrative procedures set forth in the Chapter apply, except as otherwise indicated, to applications or petitions for design review clearance, issuance of conditional use permits (including PUD approval), granting of variances, revisions of use districts, designation of geographic areas, and any other amendment of this Title or of the City's Comprehensive Plan. 18.28.020 Hearing procedures. A. Application. Any person who owns, or has a contractual interest in real property governed by this Title may submit a written application under oath, with ten (10) copies thereof, to the City Clerk, in a form which the Clerk may prescribe, for issuance of a conditional use permit, variance, design review clearance, designation of a geographic area or revision of a use district and may submit a petition, with ten (10) copies thereof to the City Clerk for an amendment of the City's Comprehensive Plan or of this Title. The applicant or petitioner shall pay to the Clerk a hearing, notice and application review fee of twenty-five dollars ($25.00) and, for an application for a conditional use permit, variance, designation of a geographic area or revision of a use district, an additional hearing notice fee of one dollar fifty cents ($1.50) for each owner of record and/or occupant affected by the application. The applicant for a conditional use permit, variance or revision of a use district shall furnish the Clerk a written list of the names and addresses of all owners of record and known occupants of properties within three hundred feet (300') of the subject property. Such list shall be deemed to identify all owners or occupants affected by the application. Any omission of notice due to a defect in the list shall be grounds for revocation or modification of any action taken upon the application. Ordinance - Page 1 blj chubbuck02.123 } 0 0 B. Contents of application. All applications and petitions shall be accompanied by such information and materials as is otherwise required by this Title or as the City Clerk may reasonably require. C. Notices. Upon receipt of a petition or application, with all required fees, lists and information, or upon direction from the Mayor if the City intends to revise, on its own initiative, the Comprehensive Plan, use districts or other provisions of this Title, the City Clerk forthwith shall schedule a hearing before the Land Use and Development Commission or Design Review Committee and, except where the application is for design review clearance, shall cause notice of hearing: 1) to be published once in the official newspaper at least fifteen (15) days prior to the hearing; 2) to be disseminated generally to other local news media; and 3) to be posted prominently at the City offices. If the application is for a conditional use permit, variance: designation of a geographic area or revision of a use district, the City Clerk shall also cause notice of hearing to be mailed to the owners of record and known occupants of property within the external boundaries of the land being considered, within three hundred feet (300') of the lands or structures affected by the proposed action, and within any additional area that may be impacted by the proposed change or conditional use as determined by the Commission. D. Conduct of hearing. All hearings before the Commission, except hearings on applications for design review clearance, shall be held as a public hearing, with opportunity for public comment or testimony. All public hearings provided for in this Title shall be held in accordance with this subsection and shall follow the order set forth hereinafter: 1. Explanation of subject of hearing by City staff, including recommendations, if any. 2. Presentation by applicant or petitioner. 3. Testimony from audience in favor of and/or against the proposal. 4. Questioning of involved parties by participants in the hearing. 5. Closure of oral testimony. 6. Discussion of hearing subject among Commission or Council members. Questions may also be directed to City staff. 7. Conclusion of hearing process. The presiding officer may limit the time allotted to presentation of oral testimony in a public hearing. Said allocation of time shall provide for a reasonable opportunity for proponents or opponents of an issue to be heard. The presiding officer may exclude repetitious, personally malicious and irrelevant testimony. Written testimony must be submitted at least seven (7) days (weekends and holidays to be counted) prior to the public hearing, shall comply with the standards for oral testimony, shall include the signature and address of the submitter, shall be made available to persons in attendance at the public hearing, or shall be read in full. A transcribable, verbatim record of all hearings shall be maintained for six (6) months after a final decision has been reached on the matter. Upon written request and within the time period herein provided for the retention of the record, any persons may have the record transcribed at his expense. Minutes of all hearings and proceedings shall also be kept and maintained indefinitely in accordance with City ordinance. E. Approval or denial of application or petition. Within thirty (30) days after the scheduled hearing on the application or petition, or such other time limits as may be imposed by this Title, the Commission or, where appropriate, the Design Review Ordinance - Page 2 blj chubbuck02.123 1 Committee shall decide whether to grant a variance, conditional use permit, er design review approval or designated geographic area and shall decide whether to recommend that the use districts be revised or that the City's Comprehensive Plan or this Title be amended. The Commission shall make a written record of the findings, in accordance with the requirements of this Chapter, and enter its decision. A copy of the written record of the findings shall be mailed to the applicant or petitioner within fifteen (15) days after the Commission's decision. F. Consideration of recommendations and appeals. If a written appeal from the approval or denial of a variance, designation of geographic area or conditional use permit is filed with the Clerk by the applicant or petitioner, the review of the approval or denial of a variance, designation of geographic area or conditional use permit is to be reviewed pursuant to a vote of the City Council, the review by the City Council of an application for a design review clearance is requested pursuant to Chapter 18.20, or a recommendation as to revisions of the use districts or amendments of the City's Comprehensive Plan or this Title is made by the Commission, the appeal, review or recommendation shall be placed on the agenda of the next available regularly scheduled City Council meeting. If the recommendation relates to a change in land use district, or an amendment of the City's Comprehensive Plan or this Title, a public hearing shall be conducted at or prior to the City Council meeting, using the same notice and hearing procedures utilized for proceedings before the Commission, as provided for in this Chapter. The Council shall, within thirty (30) days after the public hearing, make a written record of its findings in accordance with the requirements of this Chapter, and enter a decision. A copy of the written record of the findings shall be mailed to the applicant or petitioner within fifteen (15) days after the Council's decision. G. Standards and criteria. The approval, denial or review on appeal, by the Design Review Committee, Commission or Council, of any application provided for in this Title shall be based upon the applicable purposes, standards and criteria set forth in this Title. H. Form of decision. The approval, denial, recommendation or review on appeal by the Design Review Committee, Commission or Council, of any application provided for in this Title, shall be in writing and shall be accompanied by a statement in the form of findings of facts and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon and explain the justification of the decision based on the criteria, standards and facts set forth. The Design Review Committee, Commission and Council shall state what actions, if any, applicants could take to obtain design review clearance, variances, designation of geographic areas or conditional use permits that have been denied. 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 Ordinance - Page 3 blj chubbuck02.123 with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 18.28 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. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 9TH day of MAY , 2000. •kYOR JOIN • COTANT ATTEST: RON CONLIN, CITY CLERK Ordinance . Page 4 blj chubbuckO2.123