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0406 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 Ordinance - Page 1 dac chbbck01.141 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 Ordinance - Page 2 dac chbbck01.141