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0798 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 chubbuck 080819 duplex ord.wpd 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 Ordinance - Page 2 chubbuck 080819 duplex ord.wpd Ordinance - Page 3 chubbuck 080819 duplex ord.wpd 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 chubbuck 080819 duplex ord.wpd 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 chubbuck 080619 duplex ord.wpd 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 chubbuck 080819 dup ord summpd