HomeMy WebLinkAbout0406 Moratorium on Industrial Uses 1994CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 406
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING A
MORATORIUM ON PERMITTED INDUSTRIAL USES IN ANY
INDUSTRIAL LAND USE DISTRICT LYING WITHIN THE AREA
DESCRIBED AS BEGINNING AT THE NORTH RIGHT OF WAY OF
INTERSTATE 15, THEN NORTH PARALLEL TO AND LYING 800 FEET
EITHER SIDE OF THE RAILROAD TRACKS TO THE NORTHERN MOST
POINT OF THE CITY BEING SOUTH OF SIPHON ROAD; PROVIDED
ANY SUCH PERMITTED INDUSTRIAL USES WITHIN SUCH AREA MUST
APPLY FOR A CONDITIONAL USE PERMIT; PROVIDING ANY
CONSIDERATION OF ANY SUCH CONDITIONAL USE PERMIT
APPLICATION WOULD TAKE INTO ACCOUNT THE FACT MANY OF
THE INDUSTRIAL AREAS WITHIN THIS AREA BORDER LIMITED
RESIDENTIAL (R-2) AREAS AND THE COMPATIBILITY OF ANY
PROPOSED INDUSTRIAL USE FOR THOSE AREAS WOULD BE AN
ADDITIONAL FACTOR TO BE CONSIDERED IN ANY SUCH
CONDITIONAL USE PERMIT APPLICATION; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF
THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Moratorium. By this ordinance, the City of Chubbuck does hereby
enact a moratorium putting a moratorium upon any permitted industrial uses under
Chubbuck Municipal Code S 18.08.040 within that portion of the City of Chubbuck
geographically described as starting at the north right of way of Interstate 15, then north
parallel to and lying 800 feet either side of the railroad tracks to the northern point of
the City lying within said 800 foot section of the Union Pacific Railroad right of way and
being south of Siphon Road.
This moratorium would extend for two years from the effective date of this
ordinance unless sooner terminated by the City.
All industrial uses for property within said geographical area that were formerly
permitted prior to the imposition of this moratorium under Chubbuck Municipal Code
§ 18.08.040 in an industrial area would be treated as being conditionally permitted and
would be required to submit a conditional use permit application.
Consideration of such uses upon a conditional use permit application would take
into account the facts such as industrial areas within said geographical area in many
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instances border limited residential (R-2) areas, and the compatibility between the
proposed industrial use and the existing uses would be an additional factor to be
considered in any conditional use permit application.
This ordinance, being an enactment of a moratorium, shall not be codified in the
City Code.
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 with the provisions of this Ordinance are hereby repealed to the extent of
such conflict.
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
ATTEST:
CITY CLERK
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