HomeMy WebLinkAbout0246 Land Use 1983CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 246
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
CHUBBUCK CITY ORDINANCE NO. 241 ("LAND USE ORDINANCE")
BY MODIFYING THE SCHEDULE OF GENERAL CONTROLS IN SECTION
2-3(b) TO SHOW MULTIPLE HOUSEHOLD DWELLINGS AS A
CONDITIONALLY PERMITTED USE IN GENERAL RESIDENTIAL LAND
USE DISTRICTS, AND TO SHOW ANIMAL CARE SITES AND
COMMERCIAL KENNELS AS CONDITIONALLY PERMITTED USES IN AN
AGRICULTURAL LAND USE DISTRICT, AND BY MODIFYING THE
PROVISIONS OF CHAPTER 7 CONCERNING HEARING PROCEDURES SO
AS TO REMOVE CERTAIN TYPOGRAPHICAL ERRORS CONTAINED
THEREIN AND TO CLARIFY THE HEARING PROCEDURES FOR
CONSIDERATION OF APPLICATIONS FOR VARIANCES, CONDITIONAL
USE PERMITS, AMENDMENTS TO THE LAND USE ORDINANCE AND
REVISIONS TO THE CITY'S COMPREHENSIVE PLAN; PROVIDING
FOR THE SEVERABILITY OF THE PROVISIONS OF THIS
AMENDATORY ORDINANCE AND OF THE ORDINANCE AMENDED;
REPEALING THOSE PROVISIONS OF THE ORDINANCE AMENDED
WHICH ARE IN CONFLICT WITH THIS AMENDATORY ORDINANCE;
AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Multiple Household Dwellings, Animal Care Sites
and Commercial Kennels. Ordinance 241 of the City of Chubbuck,
Idaho, passed and approved on the 26th day of April, 1983, is
hereby amended at Section 2.3(b) thereof, Schedule of General
Controls, by changing the schedule with respect to multiple
household dwellings, animal care sites, and commercial kennels as
follows:
ORDINANCE NO. 246 - Page 1
jm CH-18
SCHEDULE OF GENERAL CONTROLS
LAND USES
DISTRICTS
A R-1 R-2 C-1 C-2 I
Animal Care Sites XC X X X C C
* * * X X X
Kennel
(Commercial) XC X X X C C
X X X
Multiple Household Dwelling X X PC C C C
SECTION 2: Hearing Procedures. Ordinance No. 241 of the
City of Chubbuck, Idaho, passed and approved on the 26th day of
April, 1983, is hereby amended at Chapter 7 as follows:
CHAPTER SEVEN
ADMINISTRATION
SECTION 7-2: Hearing Procedures.
(a) Application. Any person who owns, or has
a contractual interest in real property governed by this
ordinance 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, or revision of a use district and may submit
a petition, with ten (10) copies thereof to the City
Clerk for an amendment of the City's comprehensive plan
or of this ordinance. The applicant or petitioner shall
pay to the Clerk a hearing, notice and application
review fee of twenty dollars ($20.00) and, for an
application for a conditional use permit, variance, or
revision of a use district, an additional hearing notice
fee of one dollar and fifty cents ($1.50) for each owner
of record and or occupant affected by the application.
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 (300) feet of the subject property. Such list
shall be deemed to identify all owners or occupants
ORDINANCE NO. 246 - Page 2
jm CH-18
affected by the application. Any omission of notice due
to a defect in the list shall be grounds for revocation,
revision or modification of any action taken upon the
application.
(e) Approval or Denial of Application or
Petition. Within thirty (30) days after the scheduled
hearing on the application or petition, or such other
time limits as may be imposed by this ordinance, the
Commission or, where appropriate, the Design Review
Committee shall decide whether to grant a variance,
conditional use permit or design review approval and
shall decide whether to recommend that the use districts
be revised or that the City's comprehensive plan or this
ordinance be amended. The Commission shall make a
written record of the findings, in accordance with the
requirements of this Chapter, and enter its decision. A
copy of the written record of the findings shall be
mailed to the applicant or petitioner within fifteen
(15) days after the Commission's decision.
(f) Consideration of Recommendations and
Appeals. If a written appeal from the approval or
denial of a variance of conditional use permit is filed
with the Clerk by the applicant or petitioner, the
review of the approval or denial of a variance or
conditional use permit is to be reviewed pursuant to a
vote of the City Council, the review by the City Council
of an application for a design review clearance is
requested pursuant to Chapter IV, or a recommendation
as to revisions of the use districts or amendments of
the City's comprehensive plan or this ordinance is made
by the Commission, the appeal, review or recommendation
shall be placed on the agenda of the next available
regularly scheduled City Council meeting. If the
recommendation relates to a change in land use district,
or an amendment of to the City's comprehensive plan or
this ordinance, a public hearing shall be conducted at
or prior to the City Council meeting, using the same
notice and hearing procedures utilized for proceedings
before the Commission, as provided for in this Chapter.
The Council shall, within thirty (30) days after the
public hearing, make a written record of its findings in
accordance with the requirements of this Chapter, and
enter a decision. A copy of the written record of the
findings shall be mailed to the applicant or petitioner
within fifteen (15) days after the Council's decision.
ORDINANCE NO. 246 - Page 3
jm CH-18
(g) Standards and Criteria. The approval,
denial, or review on appeal, by the Design Review
Committee, Commission or Council, of any application
provided for in this Ordinance shall be based upon the
applicable purposes, standards and criteria set forth in
this ordinance.
(h) Form of Decision. The approval, denial,
recommendation, or review on appeal by the Design Review
Committee, Commission or Council, of any application
provided for in this ordinance, shall be in writing and
shall be accompanied by a statement in the form of
findings of facts and conclusions of law that explain
the criteria and standards considered relevant, state
the facts relied upon and explain the justification of
the decision based on the criteria, standards and facts
set forth. The Design Review Committee, Commission and
Council shall state what actions, if any, applicants
could take to obtain design review clearance, variances
or conditional use permits that have been denied.
SECTION 7-3: Variances.
(c) Appeals. Any person adversely affected
by the granting or denial of a variance by the Land Use
and Development Commission may appeal within twenty-five
(25) five (5) days from the date of the Commission's
decision. The appealing party must, within this time,
file with the City Clerk a written statement of appeal
(in any form). The City Council shall hear the appeal
de novo, except that the Commission's decision shall be
entered into the record. The Commission's decision may
also be reviewed de novo by the City Council, if a
majority of the City Council vote at the next regularly
scheduled City Countil Meeting to review the same.
SECTION 7-4: Conditional Use Permits.
(b) Appeals. Any person adversely affected
by the granting or denial of conditional use permits by
the Land Use and Development Commission may appeal
within twenty-five (25) ~ (~) ~R~ from the date of
the Commission's decision. The appealing party must,
within this time, file with the City Clerk a written
statement of appeal (in any form). The City Council
shall hear the appeal de novo, except that the Commission's
ORDINANCE NO. 246 - Page 4
jm CH-18
decision shall be entered into the record. The
Commission's decision may also be reviewed de novo by
the City Council, if a majority of the City Council vote
at the next regularly scheduled City Council Meeting to
review the same.
SECTION 3: 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.
SECTION 4: Repeal. All provisions of the ordinance hereby
amended, or of any prior ordinance which are in irreconcilable
conflict with the provisions of this ordinance, are hereby
repealed to the extent of such conflict.
SECTION 5: Effective Date. Adoption of this ordinance
having been preceded by public hearing conducted upon due notice,
and the public interest requiring that the provisions herein be
enacted without delay, the rule requiring ordinances to be read on
three (3) separate days is hereby dispensed with, and this
amendatory 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 27th day~ of September, 1983.
t AYOR
ATTEST:
CITY CLERK
ORDINANCE NO. 246 - Page 5
jm CH-18