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0307 Livestock 1988CITY OF CHUBBUCK, IDAHO ORDINANCE NO. ~N? AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, TO AMEND THE CHUBBUCK LAND USE CONTROLS TO PERMIT LIVESTOCK IN RESIDENTIAL AREAS AND TO ALLOW LIVESTOCK'IN COMMERCIAL AND INDUSTRIAL AREAS BY CONDITIONAL USE PERMIT; TO PROVIDE LIVESTOCK MAY NOT BE KEPT ON ANY PIECE OF PROPERTY HAVING LESS THAN TWENTY THOUSAND (20,000) SQUARE FEET; TO PROVIDE TRANSITIONAL RULES FOR LIVESTOCK BEING KEPT ON PROPERTY OF FIFTEEN THOUSAND (15,000) TO TWENTY THOUSAND (20,000) SQUARE FEET IF PERMITTED UNDER CHUBBUCK ORDINANCE NO. 98; TO PROVIDE THAT TWO OR MORE PLATTED LOTS MAY NOT BE COMBINED TO ATTAIN A TWENTY THOUSAND (20,000) SQUARE FOOT PARCEL OF LAND; TO PROVIDE A PRESUMPTION FOR SUBDIVISIONS CREATED AFTER APRIL 1, 1988, WITH RESPECT.TO LIVESTOCK IF THE SUBDIVISION HAS LOTS OF TWENTY THOUSAND (20,000) SQUARE FEET OR GREATER; AND TO PROVIDE FOR THE ATTACHMENT TO PROPOSED PLATS OF ANY RESTRICTIVE COVENANTS OR PRIVATE DEED RESTRICTIONS WITH RESPECT TO LIVESTOCK IF THE SUBDIVISION HAS LOTS GREATER THAN TWENTY THOUSAND (20,000) SQUARE FEET; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 9, 17 AND 18 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: (a) To clarify the terms and conditions under which livestock can be kept within the City. (b) To provide that livestock can be kept on any platted lot containing twenty thousand (20,000) square feet or more. Ordinance - Page 1 jm 15R-26 (c) To continue the phaseout of livestock being currently kept on platted lots of between fifteen thousand (15,000) square feet and twenty thousand (20,000) square feet. (d) To provide that livestock may be conditionally permitted in commercial and industrial areas. (e) To provide that livestock are permitted in all residential areas so long as the minimum square footage of the property complies with the minimum livestock facilities section of Chubbuck Code ~ 9.20.080. Section 2. Amendment of Section 18.04.040. Section 18.04.040(A) of the Chubbuck Municipal Code is amended to read: 18.08.040 Schedule of General Controls. A. Land Uses by District. A R-1 R-2 R-3 R-4 C-1 C-2 I Livestock Section 3. Amendment of Section 9.20.080. Section 9.20.080 of the Chubbuck Municipal Code is amended to read: 9.20.080 Minimum livestock facilities. The following minimum facilities standards shall be maintained: Ordinance - Page 2 jm 15R-26 A. No animal shall be allowed on any property of less than ~~ twenty thousand square feet. B. Not more than one animal unit shall be kept on any property consisting of f~~ ~~ ~ twenty thousand square feet; provided, however, that the animal unit shall be enclosed in a pen or corral containing at least eight hundred square feet. C. For each ten thousand feet of property area in excess of twenty thousand square feet, one additional animal unit may be kept; provided, however, that each animal unit shall be enclosed in a pen or corral containing at least eight hundred square feet per animal unit. Section 4. Amendment of Section 9.20.090(A). Section 9.20.090(A) of the Chubbuck Municipal Code is amended to read: 9.20.090 Compliance with zoning provisions--Facility standards. ~/ Notwithstanding the provisions of this chapter~! A. No livestock shall be kept on property less than fifteen thousand square feet in size if such property was subdivided after September, 1972. A preceding ordinance provided for phase-out of nonconforming animals for one year after September, 1972. Ordinance - Page 3 jm 15R-26 B. Livestock may be kept on property of fifteen thousand square feet or more, but less than twenty thouSand square feet in size, if: i. The property was zoned for livestock under Chubbuck Ordinance 98; ii. The owner of the property is and has continuously been the same since passage of Ordinance No. 98 in 1971; iii. The owner of the property has kept livestock upon the property since passage of Ordinance No. 98 in 1971 with no continuous periods of livestock being not on the property of greater than twelve months. Sale or leasing for a period of greater than one year of said property or failure to have livestock upon the property for a period greater than twelve months by the owner of the property at the time of passage of Ordinance No. 98 in 1971 will result in the loss of right to have livestock upon the property. Livestock on the property in the above circumstances is a nonconforming use. If the property is sold by the individual who owned the property at the time of passage of Ordinance No. 98 in 1971 or if that owner of the property fails to have livestock upon the property for a period of greater than twelve months, then the permitted nonconforming use of the property for purposes of keeping livestock terminates. C. Two or more platted lots in a subdivision cannot be combined to attain a twenty thousand square foot or greater parcel Ordinance - Page 4 jm 15R-26 of property for purposes of meeting the reqUirements of Section 9.20.080. D. Any subdivision passed and approved after April 1, 1988, which contains lots of twenty thousand square feet or greater shall be presumed to allow livestock unless prohibited by contract, private deed restriction, restrictive covenant or other action taken by the subdivision owner/developer. Section 5. Amendment of Section 17.12.300(H) . Section 17.12.300(H) of the Chubbuck Municipal Code is amended to read: H. Attachment of any proposed private deed restrictions or restrictive covenants (including restrictions concerning livestock if any of the lots are twenty thousand square feet or larger as provided in 9.20.080 and 9.20.090) to be imposed upon the plat or any parts thereof pertaining to the intended use of the land. 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 9, 17 and 18 not herein amended shall remain in full force and effect. Ordinance - Page 5 jm 15R-26 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 1988. 12th day of JULY , ATTEST: CITY CLERK Ordinance - Page 6 jm 15R-26 SUMMARY OF ORDINANCE NO. 307 An ordinance of the City of Chubbuck, Idaho amending the Chubbuck Land Use Controls to permit livestock in residential areas and to allow livestock in commercial and industrial areas by conditional use permit, to allow livestock to be kept on any platted lot containing 20,000 square feet or more, to continue the phase out of livestock being currently kept on platted lots between 15,000 square feet and 20,000 square feet; to provide that livestock kept on property of less than 20,000 square feet but on 15,000 square feet or more is allowed so long as the property was zoned for livestock under Chubbuck Ordinance No. 98, the owner of the property is and has continuously been the same since passage of Ordinance No. 98 in 1971 and to provide that if that owner has kept livestock on the property since 1971 with no continuous periods of livestock not being on the property of not greater than 12 months; to provide that if such an owner sells his property, the new owner may not keep livestock on said property; to provide that two or more platted lots in a subdivision cannot be combined to attain a 20,000 square foot or greater parcel for purposes of meeting the requirements of this ordinance; to provide that any subdivision passed and approved after April 1, 1988 which contains lots of 20,000 square feet or greater shall be presumed to allow livestock unless prohibited by contract, private deed restriction, restrictive covenant or other action taken by the subdivision owner/developer and further to provide for the attachment of any private deed restriction or restrictive covenants with respect to livestock to the descriptive data filed with the final plat pursuant to Chubbuck Code ~ 17.12.300; to repeal prior conflicting ordinance; provide for the severability of the provisions of this ordinance and to provide that all other sections and provisions of Titles 9, 17 and 18 of the Chubbuck Code not amended by Ordinance No. 307 shall remain in full force and effect and further providing for the effective date of the ordinance and the ordinance being in full force and effect from and after its passage, approval and publication according to the law with the rule requiring the ordinance to be read on three separate occassions having been dispensed with. The full text of this ordinance is available at the City Clerk's office at the Chubbuck Municipal Building 5160 Yellowstone, Chubbuck, Idaho. I have reviewed the foregoing summary and believe that it provides a true and correct summary of Ordinance No. 307 and SUMMARY OF ORDINANCE NO. 307 - Page 1 dsc 19B-20 further that the summary provides adequate notice to the public of the contents of this ordinance. Dated this ~ day of August, ~Q988. ~ Thoma~ J. Holmes, Chubbuck City Attorney SUMMARY OF ORDINANCE NO. 307 - Page 2 dsc 19B-20