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0708 Repealing 18.06.220 Salvage Site 2011CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING SECTION 18.06.220 OF THE CHUBBUCK MUNICIPAL CODE AND ENACTING A NEW SECTION 18.06.220 TO DEFINE A SALVAGE SITE AS A PLACE WHERE DISCARDED MATERIALS, INCLUDING AUTOMOBILES, ARE TAKEN TO PROCESS AND OFFER PARTS FOR RESALE WITH THE ITEMS BEING KEPT ON SITE FOR A PERIOD EXCEEDING SIXTY DAYS, ENACTING SECTION 18.06.195 TO DEFINE A RECYCLING CENTER AS A PLACE WHERE WASTE MATERIALS ARE TAKEN FOR SORTING AND RESALE AND GENERALLY ARE NOT KEPT ON SITE FOR A PERIOD EXCEEDING SIXTY DAYS; AMENDING SECTION 18.08.040 TO ADD RECYCLING CENTER TO THE SCHEDULE OF GENERAL CONTROLS AND TO PROVIDE A RECYCLING CENTER IS CONDITIONALLY PERMMED IN AREAS ZONED GENERAL COMMERCIAL (C-2) OR INDUSTRIAL (1); REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTERS 18.06 AND 18.08 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. Repeal of Section 18.06.220 and enactment of new Section 18.06.220. SECTION 18.06.220 of the Chubbuck Municipal Code defining "Salvage Site" is hereby repealed and the following Section 18.06.220 is enacted to read as follows: 18.06.220: SALVAGE SITE: Any outdoor location where junk, waste or discarded, dismantled or salvaged materials, including, but not limited to, motor vehicles, not in operating condition and not being restored to operation, but excluding animal products, are stored, handled, processed, dismantled or salvaged and held on site for resale to for periods exceeding sixty (60) days. Section 2. The following Section 18.06.195 is added to the Chubbuck Municipal Code to read as follows: 18.06.195 RECYCLING CENTER: Any location where junk, waste or discarded, dismantled or salvaged materials are not being restored to operation, but excluding animal products, are stored, handled, crushed, processed, recycled or further dismantled or salvaged for reprocessing but which items are not held on site for periods exceeding sixty (60) days and are not held for resale at the location but are sold to third -parties off site. Section 3. The following Section 18.08.040 is hereby amended to add "Recycling Center" to the Schedule of General Controls as follows: Ordinance • Page 1 Chubbuck 0926111 recycle ord.wpd 18.08.040 SCHEDULE OF GENERAL CONTROLS: A. Land Uses by Districts: Land Uses Districts A R-1 R-2 R-3 R-4 C-1 C-2 I Recycling Center X X X X X X C C Notes: A temporary deviation from this schedule may be permitted by the design review committee for a period not exceeding 36 months. 1. Permitted unless objections by any person as set forth in subsection 18.12.030G3 of this title, in which case the matter is treated as a conditional use permit. 2. Permitted if owner occupied and no objections by any person as set forth in subsection 18.12.030P of this title. If there are objections or if owner occupied, the applicant must apply for a conditional use permit, 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 18.06 and 18.08 not herein amended shall remain in effect. Section 2. Severabilitv. 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. Ordinance - Page 2 chubbuck 092011 recycle ord.wpd PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CrrY OF CHUBBUCK, IDAHO, this .9� day of A& , 2011. ATTEST: Richard Morgan, C#y Clerk Ordinance • Page 3 chebbeck092011 recycleord.wpd