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0672 Amendment of Sections 17.12.050 and 18.28.020 2009CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 6 7 2 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTIONS 17.12.050 AND 18.28.020(A) TO REMOVE REFERENCES TO SPECIFIC FEES AND CHANGE THE REFERENCE TO FEES AS SET FROM TIME TO TIME BY RESOLUTION OF THE CITY COUNCIL; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 17.12.050 AND 18.28.020(A) NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended Section 17.12.050. Section 17.12.050 is amended as follows: 17.12.050: NOTICE AND FEE: At the time of submitting a preliminary plat the developer shall pay to the city clerk a hearing notice and plat review fee of f6rty five dollars ($45.00) pl-as one dollar fifty cents ($1.50) per dwelling tmit, or two dollars ($2.00) per acre, or ffie sum of sixty five dollars , whiche-vet is greater, in an amount then in effect as set by resolution of the City Council which fee may be changed from time to time by City Council Resolution. Section 2. Amended Section 18.28.020(A). Section 18.28.020(A) is amended as follows: 18.28.020: HEARING PROCEDURES: A. Application: Any person who owns, or has contractual interest in real property governed by this title may submit a written application under oath, with ten (10) copies thereof, to the city clerk, in a form which the clerk may prescribe, for issuance of a conditional use permit, variance, design review clearance, designation of a geographic area or revision of a use district and may submit a petition, with ten (10) copies thereof to the city clerk of an amendment to the city's comprehensive plan or of this title. The applicant or petitioner shall pay to the clerk a hearing, notice and application fee of twenty-fiveand, for an application for a conditional use permit, variance, designation of a geographic area or revision of a use district, an additional hearing notice fee of one dollar fifty cents for each owner of record and/or Ordinance - Page 1 chubbuck022509.amendl7.12.050andl8.28.020.wpd occupant affected by the application, said fee to be in an amount then in effect as set by resolution of the City Council which fee may be changed from time to time by City Council Resolution. The applicant for a conditional use permit, variance or revision of a use district shall furnish the clerk a written list of the names and addresses of all owners of record and known occupants of properties within three hundred feet (300') of the subject property. Such list shall be deemed to identify all owners or occupants affected by the application. Any omission of notice due to a defect in the list shall be grounds for revocation or modification of any action taken upon the application. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapters 17.12.050 and 18.28.020(A) not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 28TH day of APRIL , 2009. England, ATTEST: Ron Conlin, City Clerk Ordinance - Page 2 chubbuck022509.amendl7.12.050andl8.28.020.wpd