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0246 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