HomeMy WebLinkAbout0337 Adult Business 1990CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 337
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
CHUBBUCK MUNICIPAL CODE SECTION 18.04 TO DEFINE ADULT
BUSINESS; AMENDING CHUBBUCK MUNICIPAL CODE SECTION 18.08.040
TO PROVIDE FOR ADULT BUSINESSES IN THE SCHEDULE OF LAND USE
CONTROLS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING
FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE;
PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS
18.04 and 18.08 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. purpose. The purpose of this ordinance is to
define adult businesses and provide locations within the City of
Chubbuck where such businesses may be located. In so doing, any
adult business will be required to obtain a conditional use
permit for location so that appropriate restrictions can be put
upon the business with respect to the times and manner in which
such business is conducted. In passing upon any such conditional
use permit application, the hearing body shall take into
consideration the likelihood minors may be exposed to or obtain
materials from such adult businesses, the proximity of any such
business to places selling alcoholic beverages, the likelihood
that alcoholic beverages may be consumed upon the premises, the
~rights of the citizens to have access to these types of
businesses as well as such other matters that are to be
considered under this code.
Section 2. Definitions. The following definition for adult
businesses shall be added to Section 18.04.050 of the Chubbuck
Ordinance - Page 1
dsc chbbck04.11a
Municipal Code:
E.E. "Adult business" shall mean a business which derives
more than 5% of its gross income from selling or renting any of
the materials described in Idaho Code § 18-1514 or which sells or
rents any of the material described in § 18-4105.
Section 3. Amendment of Section 18.08.040.
Section 18.08.040(A) of the Chubbuck Municipal Code is
amended to read:
18.08.040 Schedule of General Controls.
A. Land Uses by District.
Land Uses Districts
*** A R-1 R-2 R-3
Adult Business ~ ~ ~ ~
R-4 C-1 C-2 I
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. All other sections and
provisions of Chapters 18.04 and 18.08 not herein amended shall
remain in full force and effect.
Ordinance - Page 2
dsc chbbck04.11a
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
10th. day of JULY_
7"
, 1990.
Ordinance - Page 3
dsc chbbck04.11a