HomeMy WebLinkAbout0274 Building Permit Moratorium 1985CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 274
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, FINDING
THAT AN IMMINENT PERIL TO THE PUBLIC HEALTH, SAFETY OR
WELFARE REQUIRES ADOPTION OF A MORATORIUM UPON THE
ISSUANCE OF SELECTED CLASSES OF PERMITS; ESTABLISHING
SUCH A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS OR
CONDITIONAL USE PERMITS INVOLVING DUPLEXES,
THREE-PLEXES, FOUR-PLEXES, AND APARTMENT BUILDINGS;
PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Reasons for Findinq of Imminent Peril to Public
Health, Safety or Welfare. The Mayor and Council of the City of
Chubbuck, Idaho, hereby find that an imminent peril to the public
health, safety or welfare exists with regard to the unregulated
construction of duplexes, three-plexes, four-plexes and apartment
buildings within the City of Chubbuck, Idaho, for the following
reasons:
(a) Within the City's residential land use districts, the
uncontrolled development of multiple household dwellings has
had a substantial, permanent and adverse impact upon real estate
values in such land use districts.
(b) The City's Land Use and Development Commission has
proposed to the City Council the adoption of an amendment to the
City's land use ordinance which would limit multiple household
dwellings to a pre-determined percentage of total residential
structures within selected land use districts.
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(c) The issuance of building permits or conditional use
permits for multiple household dwellings while the City Council
gives consideration to the adoption of the amendments proposed by
the Land Use & Development Commission would frustrate the City's
attempts to regulate the construction of multiple household
dwellings and would further exacerbate the problems which the City
is now experiencing with the unregulated development and
construction of multiple household dwellings.
(d) The unregulated development and construction of multiple
household dwellings has had a negative impact upon the City's
attempts to plan for future growth and has also impacted the
City's streets and utilities.
SECTION 2: Imposition of Moratorium. A moratorium is hereby
imposed upon the issuance of any building permits or conditional
use permits for any multiple household dwelling, including, but
not limited to, duplexes, three-plexes, four-plexes, and apartment
complexes within the City of Chubbuck, Idaho, for a period of one
hundred twenty (120) days commencing on the date that this
ordinance takes effect, as hereinafter provided.
SECTION 3: Severability. If any section or provision of
this ordinance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining sections or provisions.
SECTION 4: Effective Date. On the /~'day of November,
1985, a notice appeared in the Idaho State Journal, advising the
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public that a hearing on the question of whether the above-defined
moratorium should be adopted would be held on the 19th day of
November, 1985. The Council hereby finds and determines that this
abbreviated notice of hearing is the most practical and effective
way of providing the public with notice of its opportunity to be
heard prior to the adoption of the moratorium. Said public
hearing having been held, the rule requiring ordinances 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 19th da~of November, 1985.
ATTEST:
CITY CLERK
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