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Home My WebLink About05 10 2009 POP Ordinance 672STATE OF IDAHO County of Bannock LN16328 KAREN MASON being first duly sworn on oath deposes and says: that SHE was at all times herein mention a citizen of the United States of America more than 21 years of age, and the Principal Clerk of the Idaho State Journal, a daily newspaper, printed and published at Pocatello; Bannock County, Idaho and having a general circulation therein. That the document or notice, a true copy of which is attached, was published in the said IDAHO STATE JOURNAL, on the following dates, to -wit: _May_10 2009 2009 2009 2009 2009 2009 2009 2009 That said paper has been continuously and uninterruptedly published in said County for a period of seventy-eight weeks prior to the publication of said notice of advertisement and is a newspa er within the meaning of the laws of Idaho. STATE OF IDAHO COUNTY OF BANNOCK On this 11 of May in the year of 2009, before me, a Notary Public, personally appeared KAREN MASON Known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he executed the same. ovu��uuuuuu�i�i�ii S EKp ��N ry of Public :................... v' NpTARY `_ esidmg at Arimo Comm. Exp.2/2015 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 672 aN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTIONS 17.12.050 AND 18.28.020(A) TO REMOVE REFEREN- CES TO PECIFIC FEES AND CHANGE THE REFERENCE TO FEES AS SET FROM TIME TO TIME BY RESOLUTION OF THE CITY COUN- CIL; REPEALING PRIOR CONFLICT- ING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVI- SIONS OF THIS ORDINANCE; PRO- VIDING THAT ALL OTHER SECTIONS OF CHAPTER 17.12 AND 18.28 NOT AMENDED SHALL REMAIN IN EF- FECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUB - BUCK, IDAHO: Section 1. Amended Section 17.12.050. Section 17.12.050 is amended as fol- lows: 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 forty five dollars ($45.00) plus one dollar fifty cents ($1.50) per dwell- ing unit, or two dollars ($2.00) per acre, or the sum of sixty five dollars ($65.00), whichever 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 Reso- lution. 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 govern,,d by this title may submit a writ- ten 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, des- ignation of a geographic area or revi- sion 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 applica- tion fce of twenty-five dollars ($25.00) and, 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 ($1.50) for each owner of record and/or occupant affect- ed by the application, said fee to be in an amount then in effect as set by reso- lution 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 revi- sion of a use district shall furnish the clerk a written list of the names and ad- dresses 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 affect- ed 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 applica- tion. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinan cos. The provisions of any Ordinance of the City and any provision of the Mu- nicipal Code which are in conflict with the provisions of this Ordinance are re- pealed to the extent of such conflict. All other sections of Chapters 17.12 and 18.28 not herein amended shall remair in effect. Section 2. Severability. The sections of this ordinance are severable. The inva• lidity of a section shall not affect the val. idity of the remaining sections. Section 3. Effective Date. The rule re- quiring an ordinance to be read or three separate days, one of which shal be a reading in ,full, is dispensed with and this Ordinance shall become effec tive upon its passage, approval anc publication. 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 govern.,d by this title may submit a writ- ten 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, des- ignation of a geographic area or revi- sion 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 applica- tion ft;e of twenty-five dollars ($25.00) and, 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 ($1.50) for each owner of record and/or occupant affect- ed by the application, said fee to be in an amount then in effect as set by reso- lution 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 revi- sion of a use district shall furnish the clerk a written list of the names and ad- dresses 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 affect- ed 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 applica- tion. ADMINISTRATIVE PROVISIONS Section 1. meal of Conflicting Ordinan- ces. The provisions of any Ordinance of the City and any provision of the Mu- nicipal Code which are in conflict with the provisions of this Ordinance are re- pealed to the extent of such conflict. All other sections of Chapters 17.12 and 18.28 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The inva- lidity of a section shall not affect the val- idity of the remaining sections. Section 3. Effective Date. The rule re- quiring 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 effec- tive upon its passage, approval and publication. 'ASSED BY THE COUNCIL AND AP- PROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 28th day of April, 2009. Steven M. England, Mayor 4TTEST: Ron Conlin, City Clerk Nay 10, 2009 _N16328