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0219 Land Use Ordinance Amendment 1980CITY OF CHUBBUCK, IDAHO bRDINANCE NO. 219 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHUBBUCK CITY ORDINANCE NO. 205 ("LAND USE ORDINANCE") BY DELETING SECTION 3-2(L) PERTAINING TO SIGNS, BY INSERTING IN SECTION 1-5 A DEFINITION OF "CHILD CARE CENTER," BY MODIFYING THE SCHEDULE OF GENERAL CONTROLS IN SECTION 2-3(B) TO SHOW LIVESTOCK AS A PER~¢ITTED USE ONLY IN AGRICULTHRAL LAND USE DISTRICTS AND NOT AS A CONDITIONALLY PER~¢ITTED USE IN ANY DISTRICT, BY ~¢ODIFYING THE TABLE OF HEIGHT AND AREA REGULATIONS IN SECTION 2-3(B) TO REDUCE RESIDENTIAL SIDE YARD REQUIREmeNTS, BY CHAI~GING SECTION 1-5 AND THE SCHEDULE OF GENERAL CONTROLS IN SECTION 2-3(B); PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS AMENDATORY ORDINANCE AND OF THE OPd)INAI~CE A~NDED; REPEALING THOSE PROVISIONS OF THE ORDINAI~CE A~ENDED WHICH ARE IN CONFLICT WITH THIS AMEND- ATORY ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE ~YOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: Signs. Ordinance No. 205 of the City of Chubbuck, Idaho, passed and approved on June 28, 1979, is hereby amended by deleting in its entirety section 3-2(L) thereof, relating to signs. The subject of signs shall be governed by separate ordinance. SECTION 2: Child Care Centers. Ordinance No. 205 of the City of Chbubuck, Idaho, passed and approved on June 28, 1979, is hereby amended at section 1-5 thereof by inserting a new subsection (e) containing the following definition, with subsequent subsections to be re-lettered accordingly: (d). i"Child care ~ter" means any place~ home, structure o.r location where care is provided, for coD~ensation, durin~ part ,or all of the twenty-four (Z'~)"hour day, to five (5) Or more persons under the ~g~ of ei~hteen (18) years not related by blood or marrzage to the owner, teqant or manager of the premises. Such term specifically includes day care centers, nurseries, ~indergart~ns or any ot~er facilities pro- vid£ng Care f~o'r children durihg the dayor night;-but does no'~ 'include schools that have received conditional use permits under this"ordinance. SECTION 3: Livestock. a. Ordinance No. 205 of the City of Chubbuck, Idaho, passed and approved on June 28, 1979, is hereby amended at Section 2-3(B) thereof, Schedule of General Controls, by deleting livestock from the "Agricultural and Livestock" land use item, changing the schedule with respect to that item, and adding a separate "Livestock" item, as follows: SCHEDULE OF GENERAL CONTROLS LAND USES DISTRICTS A R-1 R-2 C-1 C-2 I Advertising Agency X X X X C P Agricultural am~ ~c~t livestock P C C X X C Livestock P X X X X X b. Ordinance No. 205 of the City of Chubbuck, Idaho, passed and approved on June 28, 1979, is hereby amended by adding the following new section 6-8: "6-8. Livestock. Wherever the keeping of livesto'ck has been lawfully' conducted under prior ordinances, and"conStitutes a non-conformin~ use, such lzvestock maI b'e bred, rePlaced and so%d or traded so long as 'the number ahd type of livestock ~'at~O~e~ un~d~ 'sa{~ p:~o~: Ordin~n¢~ ~$m~y_~!~ the pro~isions 8f Chubbuck D~Bi~a~:e No. 185, Section 5(d). SECTION 4: Side Yards. Ordinance No. 205 of the City of Chubbuck, Idaho, passed and approved on June 28, 1979, is hereby amended at Section 2-3(B) thereof, Table of Height and Area Regulations, by reducing residential side yard require- ments to a total of fourteen (14) feet, with not less than five (5) feet on one side, as follows: District HEIGHT AND AREA RE~LATIONS Minimum Lot Minimum MJ_n_iu~xn Minimum Miniumm Area Per Front Rear Sida Total Household ~ Yard Yard Yard Yard Dwelling Height Setback Setback Setback Width (in sq. ft. ) A 35' 25' 20' 29 8 70' One acre 14' -5' R-1 35' 25' 20' 20 g 70' 7,000 first 14' -5' household plus 4,000 each ad- ditional R-2 45' 20' 20' 20 8 60' 6,000 first 14' -5 ' household plus 2,500 each ad- ditional SECTION 5: Severability. In the event that any provision of this ordinance is, for any reason, held invalid by a court of competent jurisdiction, such holding shall not affect the remaining provisions of this ordinance, or of the ordinance hereby amended. -2- SECTION 6: ~epe amended, or of any ot reconcilable conflic are hereby repealed SECTION 7: Elf having been preceded due notice, and the p herein be enacted wit ordinances to be read dispensed with, and t effective upon its Pa by law. PASSED BY THE CO City of Chubbuck, Ida 1980. ATTEST: ~__1. All provisions of the ordinance hereby her prior ordinance, which are in ir- with the provisions of this ordinance, ~ the extent of such conflict. ~tive Datel Adoption of this ordinance by numerous public hearings conducted upon mblic interest requiring that the provisions hour further delay, the rule requiring on three (3) separate occasions is hereby his amendatory ordinance shall become ssage, approval and publication as provided [INCIL AND APPROVED BY THE _~YOR of the this 8 day of July -3-