HomeMy WebLinkAbout0307 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.
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(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:
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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.
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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
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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.
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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
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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
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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
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