HomeMy WebLinkAbout0798 Conditional Use Permit (Duplex)CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 7161
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING THE
SCHEDULE OF GENERAL CONTROLS IN CHUBBUCK MUNICIPAL CODE
SECTION 18.08.040 TO CLARIFY THAT A CONDITIONAL USE PERMIT IS
REQUIRED FOR A DUPLEX IN A RESIDENTIAL (R-2) ZONE; REPEALING
PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF
THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER
SECTIONS OF CHAPTER 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. PURPOSE. The purpose of this ordinance is to clarify an inconsistency in
Ordinance 755 as to when a conditional use permit is necessary for a duplex in a Limited
Residential (R-2) zone. Section 18.08.010 (C) indicates duplexes are conditionally permitted
whereas the 18.08.040, the Schedule of General Controls indicates duplexes are permitted in a
Limited Residential (R-2) zone. This ordinance confirms that a conditional use permit is
required for a duplex in a Limited Residential (R-2) zone.
Section 2. AMENDED SECTION 18.08.040. Section 18.08.040 is amended as follows:
18.08.040 Schedule of General Controls - Land Uses By Districts:
Ordinance - Page 1
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Publishin
PublishingX
School
TV Studio, Radio Station
C
X
X
C
X
X
C
X
X
C
X
X
C
X
C
C
C
C
C
P
P
C
P
Commercial Retail
Adult Business
X
X
X
X
X
X
X
C
Automotive Parts Store
X
X
X
X
X
C
P
P
Automotive Sales
X
X
X
X
X
C
P
P
Bakey Goods Store
X
X
X
X
X
C
P
P
C
Bookstore
X
C
X
X
X
X
X
X
X
X
C
C
P
P
C
Convenience Store
Department Store
X
X
X
X
X
X
P
C
Drive-in Restaurant
X
X
X
X
X
C
X
P
P
P
P
Equipment Rental and Sales
X
X
X
X
X
Yard
Green House
X
X
X
X
X
X
P
P
Grocery Store
X
X
X
X
X
C
P
C
Hobb Store and Crafts
X
X
X
X
X
C
P
P
P
Industrial and Agricultural
X
X
X
X
X
X
P
E luipment Sales and Supp1
X
X
X
X
C
P
P
Pet Sho and Su lies
Production BuildingSales
X
X
X
X
X
X
X
P
P
Recreational Vehicle Sales,
X
X
X
X
X
X
P
P
Service & Supply
Restaurant
X
X
X
X
X
C
P
P
Retail Stores and Services
X
X
X
X
X
C
C
P
C
C
C
Roa si e Stan
in
P
X
X
X
X
X
X
X
X
X
X
P
P
Tire Shop, includingReca
X
X
X
X
C
P
P
Yard and Garden Sales and
X
Services
Commercial Services
Animal Care Site
C
X
X
X
X
P
Auction Service
X
X
X
iix
X
X
X
X
jP
P
P
Car Wash
X
X
X
X
X
X
C
P
Cleam , Laund 11 SL _.
X
v
Y
X
X
X
P
P
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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. 12.032 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
18.12.030N of this title. If there are objections or if not owner occupied, the applicant must apply
for a conditional use permit.
3. The schedule for R-2 shall apply to an R -2P zone.
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 Chapter 18.08 not
herein amended shall remain in effect.
Section 2. Severability. 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
Ordinance - Page 4
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effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
�I 5�1'
CHUBBUCK, IDAHO, this � day of , 2019
"2
evin B. F-ngland, y
ATTEST:
Joe o r , ity Clerk
Ordinance - Page 5
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SUMMARY OF ORDINANCE NO. 7 90
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
amending the schedule of general controls in Chubbuck Municipal Code section 18.08.040 to
clarify that a conditional use permit is required for a duplex in a Residential (R-2) Zone;
providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter
18.08 not amended shall remain in effect; providing for the severability of the provisions of this
ordinance; providing when this ordinance shall be in effect.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 7V and that the summary provides adequate notice to the public
of the contents of this ordinance.
DATED this Z / day of j�'�j C, S / , 2019.
SUMMARY OF ORDINANCE - Page 1
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