HomeMy WebLinkAbout0528 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
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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.
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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
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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
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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
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