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0274 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. Ordinance - Page 1 jm 41-59 (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 Ordinance - Page 2 jm 41-59 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 Ordinance - Page 3 jm 41-59