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0366 Commercial Property Regulations 1992CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 36~ AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER 15.32 TO THE CHUBBUCK MUNICIPAL CODE PROVIDING FOR NEW COMMERCIAL USES OF PROPERTY TO COMPLY WITH EXISTING ORDINANCES REGARDING CURB, GUTTER, SIDEWALK, STREETS AND LANDSCAPING; AMENDING SECTION 18.14.040 TO BRING IT INTO HARMONY WITH CHAPTER 15.32; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 18.14 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. Intent. Many commercial areas within the city were begun prior to zoning and enactment of the existing street, sidewalk, curb, gutter and landscaping ordinances. Under current city ordinances, a new use may be made of a commercial property without bringing it into compliance with existing ordinances regarding curb, gutter, sidewalk, streets and landscaping. The city desires to provide for the orderly transition of such properties into compliance with the city requirements and to enhance the overall commercial environment within the city. Section 2. Addition of Chapter 15.32. There shall be added to the Chubbuck Municipal Code the following Chapter 15.32: 15.32 New Commercial Uses of Existing Property. 15.32.010. Application. This chapter shall apply to all property within the City of Chubbuck, which is put into use for commercial or industrial purposes after March 1, 1992. "Put into commercial or industrial use" shall include transfer from an existing user to a new user of the property by sale, conveyance or lease. "Commercial use" and "industrial use" shall be construed as defined in Chapter 18.08 of the Chubbuck Municipal Code. 15.32.020. Compliance Required. Any property put into commercial or industrial use as defined above after March 1, 1992, shall be required to be brought substantially into compliance with the city's then existing ordinances for new commercial construction with respect to curb, gutter, sidewalk, street and landscaping. 15.32.030. Non-compliance. Any party not complying with this Chapter 15.32 shall be guilty of a misdemeanor. In addition to any criminal sanctions, the city may bring an action in a Ordinance - Page 1 mls chbbck05.292 court of competent jurisdiction to enjoin the use of the property or to require the property to be brought into compliance. In any such civil action, the city shall be entitled to recover its reasonable costs and attorney fees. 15.32.040. Appeal. Any party aggrieved by the provisions of this chapter may petition the Chubbuck City Council for relief from this chapter. Petition to the City Council shall be made by an aggrieved party within 10 days from the date the aggrieved party is notified by the city of the need to bring property into compliance pursuant to the provisions of this chapter. Petition to the Chubbuck City Council shall be in writing indicating the name of the aggrieved party, the location of the property and the basis for the appeal. The appeal shall be set for the next readily available city council meeting unless extended by mutual agreement of the city clerk or clerk's designee and the aggrieved party. Any relief granted by the Chubbuck City Council will be made only after the Chubbuck City Council has considered the burdens and obligations upon the aggrieved party versus the community need for the city to provide for uniform and well maintained commercial and industrial areas to enhance the commercial and industrial appeal of the city to consumers and other commercial and industrial uses. Any relief from the provisions of this chapter granted by the Chubbuck City Council shall be for a maximum period of one year with no extensions. In lieu of relief from this chapter for one year, the City Council may require the aggrieved party to pay all applicable deferral fees set forth in 15.32.060. In certain situations the city council may find it inappropriate to order strict compliance with the city code provisions then in effect with respect to curb, gutter, sidewalk, streets or landscaping. In those instances, the city council may require substantial compliance but not strict compliance with the ordinances provided, however, that any such allowance of substantial compliance shall be subject to the following grounds: A. This deviation from strict compliance will not be granted upon the grounds of "impossibility" if compliance is merely inconvenient, burdensome or difficult for the aggrieved party. B. The circumstances causing the need for a deviation from strict compliance were not created or allowed to occur by the aggrieved party, the land owner or any of their agents. C. The circumstances requiring a deviation from strict compliance are serious, immediate and unavoidable. D. Allowing a deviation from strict compliance will not create a possible present or future hardship upon any other private party, nor will it be contrary to the public interest. Ordinance - Page 2 mls chbbck05.292 E. In no event shall deviation from strict compliance be granted merely because strict compliance would diminish the financial return from use of the lands in question or because it would reduce the market value of the lands in question. 15.32.060. Deferral Fees. In certain instances, installation o~ curb, gutter, sidewalk and landscaping, or portions thereof, maybe inappropriate due to lack of surrounding development. In those instances the city engineer shall estimate the cost of having a private contractor install appropriate curb, gutter, sidewalk, streets and landscaping, or the portions thereof, that the aggrieved party objects to installing. That sum, plus a 15% administrative fee, may be paid by the aggrieved party to the city in lieu of complying currently with the provisions of this chapter. This sum of money shall be held in trust by the city solely for future installation of curb, gutter, sidewalk, streets and landscaping, as the case may be, upon the subject premises or adjacent or similarly situated premises. At the determination of the city that the circumstances are appropriate for installation of the items not installed at the time required by Section 15.32.020 of this ordinance, the city may use the deferral fees to contract with the aggrieved party, the aggrieved party's successor in interest, or a private contractor to undertake the installation of the appropriate portions of curb, gutter, sidewalk, streets or landscaping not installed when. otherwise required by this ordinance. The requirement of a deferral fee shall be only at the direction of the Chubbuck City Council and any aggrieved party who seeks to pay said fee in lieu of complying with the provisions of Section 15.32.020 of this chapter shall be deemed to have consented to the future installation, at the city's discretion, of those portions of curb, gutter, sidewalk, streets or landscaping that were deferred pursuant to this section. Section 3. Section 18.14.040. Section 18.14.040 of the Chubbuck Municipal Code is amended as follows: 18.14.040 Other applicable reaulations. Thc prcvision~ cf ~ ~ff t~t cthcr vckicular usc~. The provisions of this chapter shall be subject to other applicable regulations where such regulations are more restrictive and are not otherwise inconsistent with the provisions of this Chapter. Ordinance - Page 3 mls chbbck05.292 ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflictinq 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 Chapter 18.14 not herein amended shall remain in full force and effect. 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 llTH. day of FEBRUARY , 1992. ATTEST: CITY CLERK Ordinance - Page 4 mls chbbck05.292