HomeMy WebLinkAbout0846 Amending Sections of City CodeCITY OF CHUBBUCK, IDAHO
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER
5.36 TO AMEND REFERENCES FROM ADULT BUSINESSES TO SEXUALLY
ORIENTED BUSINESS IN CONFORMITY WITH TITLE 18; AMENDING SECTION
16.12.020 TO CORRECT THE RIGHT OF WAY WIDTH FOR COLLECTOR STREETS
ON STANDARD BACK TO BACK STREETS; AMENDING CHAPTER 17.12.260 TO
DELETE THE REQUIREMENT OF PROVIDING A REPRODUCIBLE ORIGINAL
MYLAR COPY FOR A FINAL PLAT; AMENDING CHAPTER 18.06 DEFINING
SEXUALLY ORIENTED BUSINESS; AMENDING CHAPTER 18.08 TO CHANGE
DRIVE-IN RESTAURANT TO DRIVE-TN/DRIVE-THROUGH ESTABLISHMENT
AND TO UPDATE THE SECTION 18.08.046 OFF STREET PARKING TABLE;
AMENDING SECTION 18.12.030.E SUPPLEMENTAL CONTROLS FOR DRIVE-IN
ESTABLISHMENTS; AMENDING SECTION 18.14.020 LANDSCAPING ADJACENT
TO PUBLIC RIGHTS OF WAY; AMENDING CHAPTER 18.20.070 PUD
DEVELOPMENT STANDARDS TO CLARIFY RESIDENTIAL FRONT YARD SET
BACK REQUIREMENTS; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF TFHS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS
IN TITLES 17 AND 18 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. Amended 5.36. Section 5.36.020 and 5.36.130 of the Chubbuck
Municipal Code are amended as follows:
5.36.020 DEFINITIONS:
Words, terms and phrases in this chapter shall be defined as follows:
ADULT ARCADE: Any place to which the public is permitted or invited, wherein coin
operated or slug operated or electronically, electrically or mechanically controlled still or
motion picture machines, projectors or other image producing devices are regularly
maintained to show images to five (5) or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by their emphasis upon
matters exhibiting "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A
commercial establishment which has a significant or substantial portion of its stock in
trade, or derives a significant or substantial portion of its revenues or devotes a
significant or substantial portion of its interior business or advertising, or maintains a
1
substantial section of its sales or display space for the sale or rental, for any form of
consideration, of any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, videocassettes, compact discs, slides or other visual representations,
which are characterized by their emphasis upon the exhibition or display of "specified
sexual activities" or "specified anatomical areas';
B. Instruments, devices or paraphernalia which are designed for use or marketed
primarily for stimulation of human genital organs or for sadomasochistic use or abuse of
the user or others.
ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A. Persons who appear seminude; or
B. Live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities"; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the exhibition or display of "specified sexual activities" or
"specified anatomical areas".
ADULT MOTEL: A hotel, motel or similar commercial establishment which:
A.Offers accommodations to the public for any form of consideration; provides patrons
with closed circuit television transmissions, films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the exhibition or display
of "specified sexual activities" or "specified anatomical areas"; and has a sign visible
from the public right of way which advertises the availability of this adult type of
photographic reproductions; and either:
1. Offers a sleeping room for rent for a period of time that is less than ten (10) hours,
or
2. Allows a tenant or occupant of a sleeping room to subrent the room for a period of
time that is less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any
form of consideration, films, motion pictures, videocassettes, slides or similar
photographic reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical areas".
ADULT THEATER: A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear nude or seminude, or live
performances which are characterized by the exposure of "specified anatomical areas" or
"specified sexual activities".
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant
or principal theme of the object referenced. For instance, when the phrase refers to films
"which are distinguished or characterized by an emphasis upon the exhibition or display
of specified sexual activities or specified anatomical areas", the films so described are
2
those whose dominant or principal character and theme are the exhibition or display of
"specified anatomical areas" or "specified sexual activities".
EMPLOYEE, EMPLOY AND EMPLOYMENT: Describe and pertain to any person who
performs any service on the premises of a sexually oriented business on a full time, part
time or contract basis, regardless of whether the person is denominated as an employee,
independent contractor, agent or by another status. Employee does not include a person
exclusively on the premises for repair or maintenance of the premises, or for the delivery
of goods to the premises.
ENFORCEMENT OFFICER: The city chief of police, the chiefs designee or such person
as may be designated by the city council.
ESCORT: A person who, for consideration, and for another person, agrees or offers: a) to
act as a companion, guide or date, orb) to privately model lingerie, or c) to privately
perform a striptease.
ESCORT AGENCY: A person or business association that, for a fee, tip or other
consideration, furnishes, offers to furnish or advertises to furnish escorts as one of its
primary business purposes.
ESTABLISH OR ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new
business;
B. The conversion of an existing business, whether or not a sexually oriented business,
to any sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually
oriented business; or
D. The relocation of any sexually oriented business.
LICENSEE: A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application for a
license; and in the case of an employee, a person in whose name a license has been issued
authorizing employment in a sexually oriented business,
NUDE, NUDITY OR A STATE OF NUDITY: The showing of the human male or
female genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque
covering, the showing of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of the covered male genitals in a discernibly turgid
state.
OPERATE OR CAUSE TO BE OPERATED: To cause to function or to put or keep in a
state of doing business. "Operator" means any person on the premises of a sexually
oriented business who is authorized to exercise operational control of the business, or
who causes to function or who puts or keeps in operation, the business. A person may be
found to be operating or causing to be operated a sexually oriented business regardless of
whether that person is an owner, part owner or licensee of the business.
PERSON: An individual, proprietorship, partnership, corporation, association or other
legal entity.
REGULARLY FEATURES OR REGULARLY SHOWN: A consistent or substantial
course of conduct, such that the films or performances exhibited constitute a substantial
portion of the films or performances offered as part of the ongoing business of the
sexually oriented business.
SEMINUDE MODEL STUDIO: A commercial establishment which regularly features a
person (or persons) who appears seminude and is provided to be observed, sketched,
drawn, painted, sculptured or photographed by other persons who pay money or any form
of consideration, but shall not include a proprietary school licensed by the state of Idaho
or a college, junior college or university supported entirely or in part by public taxation; a
private college or university which maintains and operates educational programs in which
credits are transferable to a college, junior college or university supported entirely or
partly by taxation.
SEMINUDE OR IN A SEMINUDE CONDITION: The showing of the female breast
below a horizontal line across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire lower portion of the
human female breast, but shall not include any portion of the cleavage of the human
female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing
apparel, provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER: A business or commercial establishment that, as one
of its principal business purposes, offers for any form of consideration a place where two
(2) or more persons may congregate, associate or consort for the purposes of "specified
sexual activities". The definition of sexual encounter center or any sexually oriented
businesses shall not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the state engages in medically
approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty
store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult
theater, escort agency, seminude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS:
A. The human male genitals in a discernibly turgid state, even if completely and
opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks
or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale,
distribution or display of harmful material to a minor; sexual performance by a child;
possession or distribution of child pornography; public lewdness; indecent exposure;
indecency with a child; engaging in organized criminal activity relating to a sexually
oriented business; sexual assault; molestation of a child; distribution of a controlled
substance; or any similar offenses to those described above under the criminal or penal
code of other states or countries;
B. For which:
1. Less than two (2) years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction, whichever is the later date, if the
conviction is of a misdemeanor offense;
2. Less than five (5) years have elapsed since the date of conviction or the date of
release from confinement for the conviction, whichever is the later date, if the conviction
is of a felony offense; or
3. Less than five (5) years have elapsed since the date of the last conviction or the
date of release from confinement for the last conviction, whichever is the later date, if the
convictions are of two (2) or more misdemeanor offenses or a combination of
misdemeanor offenses occurring within any twenty four (24) month period.
C. The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
A. The fondling of another person's genitals, pubic region, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, masturbation or sodomy; or
C. Excretory functions as part of, or in connection with, any of the activities set forth,
in subsections A and B of this section.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The
increase in floor areas occupied by the business by more than twenty five percent (25%),
as the floor areas exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED
BUSINESS: Means and includes any of the following-
A.
ollowingA. The sale, lease or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal devise which transfers the
ownership of the business, except for transfer by bequest or other operation of law upon
the death of the person possessing the ownership or control.
ZONE: That zone in title 18 of this code in which -an -adult a sexually oriented business
may operate. (Oral. 616, 2006)
5.36.130 LOCATION OF SEXUALLY ORIENTED BUSINESSES
A. A person commits a misdemeanor if that person operates or causes to be operated a
sexually oriented business in any zone other than one zoned for an"adrift a "sexually
oriented business" as defined in title 18 of this code.
B. A person commits an offense if the person operates or causes to be operated a
sexually oriented business within two thousand five hiwdred feet (2,500') of.
1. A church, synagogue, mosque, temple or building which is used primarily for
religious worship and related religious activities;
2. A public or private educational facility, including, but not limited to, child
daycarc facilities, nursery schools, preschools, kindergartens, elementary schools, private
schools, intermediate schools, junior high schools, middle schools, high schools,
vocational schools, secondary schools, continuation schools, special education schools,
junior colleges and universities. "School" includes the school grounds, but does not
include facilities used primarily for another purpose and only incidentally as a school;
3. A public park or recreational area which has been designated for park or
recreational activities, including, but not limited to, a park, playground, nature trails,
swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas or other similar public land within the city which is under the
control, operation or management of the city park and recreation authorities;
4. An entertainment business which is oriented primarily towards children or family
entertainment; or
5. Any premises licensed pursuant to the alcoholic beverage control regulations of
the state.
C. A person commits a misdemeanor if that person causes or permits the operation,
establishment, substantial enlargement or transfer of ownership or control of a sexually
oriented business within one thousand feet (1,000') of another sexually oriented business.
D. A person commits a misdemeanor if that person causes or permits the operation,
establishment or maintenance of more than one sexually oriented business in the same
building, structure or portion thereof, or the increase of floor area of any sexually
oriented business in any building, structure or portion thereof containing another sexually
oriented business.
E, For the purpose of subsection B of this section, measurement shall be made in a
straight line, without regard to the intervening structures or objects, from the nearest
portion of the building or structure used as the part of the premises where a sexually
oriented business is conducted, to the nearest property line of the premises of a use listed
in subsection B of this section, The presence of a city, county or other political
subdivision boundary shall be irrelevant for purposes of calculating and applying the
distance requirements of this section.
F. For purposes of subsection C of this section, the distance between any two (2)
sexually oriented businesses shall be measured in a straight line, without regard to the
interverung structures or objects or political boundaries, from the closest exterior wall of
the structure in which each business is located.
G. Any sexually oriented business lawfully operating on June 1, 2006, that is in
violation of subsections A through F of this section shall be deemed a nonconforming
use. The nonconforming use will be permitted to continue for a period not to exceed one
year, unless sooner terminated for any reason or voluntarily discontinued for a period of
thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a conforming use. If two (2) or
more sexually oriented businesses are within one thousand feet (1,000') of one another
and otherwise in a permissible location, the sexually oriented business which was first
established and continually operating at a particular location is the conforming use and
the later established business(es) is(are) nonconforming.
H. A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the
sexually oriented business license, of a use listed in subsection B of this section within
two thousand feet (2,000') of the sexually oriented business. This provision applies only
to the renewal of a valid license and does not apply when an application is made for a
license after the applicarrt's previous license has expired or been revoked. (Ord. 616,
2006)
Section 2. Amended 16.12. Section 16.12.020 of the Chubbuck Municipal Code
is amended as follows:
16.12.020 STREETS
A. The arrangements, character, extent, width, grade and location of all streets shall
conform to the comprehensive plan and, if adopted, the master street map, shall integrate
harmoniously with existing and planned streets, shall be appropriate to topographical
conditions, shall enhance the public convenience and safety and shall facilitate the
proposed uses of the land to be served by such streets.
B. Local residential streets shall be designed to discourage their use by through traffic.
Where a development abuts or contains an existing or proposed arterial street, railroad or
limited access highway, the city may require frontage streets, reverse frontage streets, or
such other treatment for the appropriate use of the tract.
C. There shall be provided rights of way of such width and as provided in the
comprehensive plan; provided, however, that the width of said rights of way shall in no
case be less than the following:
Type of Street
Right of
Standard
Swale Section
Way Width
Bacic ko Back
Curb to Curb
7
Mai or arterial
100 feet
80 feet
100 feet
-
72 feet
Minor arterial
80 feet
70 feet
-
80 feet
-
62 feet
Collector
66 feet
64—feet 56
feet
-
66 feet
-
48 feet
Local
50 feet
40 feet
-
55 feet
-
37 feet
Types of streets within a development shall be determined by the city consistent with the
comprehensive plan, developments that were in process prior to August 1, 2005, and, if
adopted, the master street map.
D. Cul-de-sac streets shall terminate in a circular turnaround with the right of way
radius of at least fifty five feet (55'). The city may approve an equally convenient form of
turning space where conditions justify. The maximum length of a cul-de-sac street shall
not exceed one thousand feet (1,000') from the entrance to the center of the turnaround
based upon a design standard of having not more than thirty (30) single-family residential
units. In making this determination, the use of the property, density of such use,
accessibility to fire hydrants, alternate methods of accessing the property in an
emergency, topography, width of the street, and anticipated volume of traffic and other
such factors as determined by the city to be relevant shall be considered. Cul-de-sac
streets in a commercial development with moderate to high traffic flow shall generally be
shorter than those in a residential development with tow traffic flow.
E. Dead end streets will not be approved except in locations designated by the city as
necessary to future extensions in development of adjacent lands. In any case, a dead end
street serving more than four (4) lots shall provide by easement a temporary turning circle
with a forty foot (40') radius or other acceptable design to accomplish adequate access.
F. Temporary dead end streets created by phased development shall not serve more
than ninety (90) residential units without a permanent secondary access.
G. Streets shall be planned to intersect as nearly as possible at right angles, but in no
event at less than seventy degrees (70°). Streets intersecting an arterial shall do so at a
ninety degree (90°) angle.
H. Where any street deflects at an angle often degrees (10°) or more, a connection
curve shall be required having a minimum centerline radius of three hundred feet (300')
for arterial and collector streets and one hundred twenty five feet (125) for local streets.
I. Streets with centerline offsets of less than one hundred twenty five feet (125') shall
be avoided.
J. A tangent at least one hundred feet (100') long shall be provided between reverse
curves on arterial and collector streets.
K. At street intersections, property line corners shall be rounded by a circular are, said
arc having a minimum tangent length of twenty feet (20).
L. Street intersections with more than four (4) legs and Y type intersections where legs
meet at acute angles shall be avoided, "T" intersections, rather than "cross" intersections,
shall be utilized to the maximum extent possible in residential developments.
M. Maximum and minimum grades for all streets shall be as determined by the city.
N. Alleys, twenty feet (20'), when single-family residence units abut both sides;
twenty four feet (241) if abutting multiple- family, commercial, or industrial districts.
Dead end alleys shall be avoided.
O. Streets shall be extended to the boundary lines of the development, unless
prevented by topography or other physical conditions or unless the city determines that
such extension is not desirable for coordination of the development with the existing
layout or the most advantageous future development of adjacent tracts. However, streets
carrying nonresidential traffic, especially truck traffic, shallnot normally be extended to
the boundaries of adjacent existing or potential residential areas, or connected to streets
intended for predominantly residential traffic.
P. Excessively long, straight local streets in residential areas, conducive to high speed
traffic, shall be prohibited according to the determination of the city. Traffic calming
techniques may be used as approved by the city.
Q. Pedestrian walks on both sides of a street, within the street right of way, together
with concrete curbs and gutters approved by the city, and paved vehicular traffic area,
shall be required on all streets in a proposed development.
R. Access to streets shall conform to the "standard approach policy' promulgated by
the division of highways, state department of transportation.
S. Any areas in the street right of way or the adjacent area between the street and the
owner's or developer's property line that is not able to be landscaped shall be covered
with sidewalk or other such similar treatment so as to preserve the area for future
expansion of the street or for utility usage but which will minimize the ongoing
maintenance and be aesthetically acceptable. (Ord. 754, 2016)
Section 3. Amended 17.12. Section 17. 12.260 of the Chubbuck Municipal Code
is amended as follows:
17.12.260 COPIES AND ORIGINAL TO BE FILED
After the approved final plat has been recorded, a f-epf-odue" e-origi; 1 A.ar cop',�a-A
an electronic document in PDF format of the recorded instrument, bearing all certificates
required as set forth in section 17. t2.320 of this chapter, together wittu an approved
digital drawing format with coordinate system based on City of Chubbuck grid
coordinate system, shall be filed with the Public Works Director.
Section 4. Amended 18.06, Sections 18.08. 100 and 18.08.290 of the Chubbuck
Municipal Code are amended as follows:
18.06.100. DRIVE-IN / DRIVE-THROUGH ESTABLISHMENT
A business location designed to allow provisions of goods or services to customers who
remain in or on vehicles, (Ord. 620 § 1, 2006; amd. Ord. 822, 202 1)
18.06.290 SEXUALLY ORIENTED BUSINESS
A business which derives more than five percent (5%) of its gross income from selling or
renting any of the materials described in Idaho Code sections 18-4101 or 18-1514, or
which sells of fanyT
eats r+he lr1&te :, d: Idaho Godo 18 4105 is classified as a
sexually oriented business per Title 5.36.030 of City code. (Ord. 822, 2021)
Section 5. Amended 18.08. Sections 18.08.040 and 18.08.046 of the Chubbuck
Municipal Code are amended as follows:
18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY
DISTRICTS:
Land Uses
Land Use Districts
A R- R- R- R- C- C- =1
Agricultural/natural resources:
Agricultural (except livestock)
P
P
P
P
P
P
P
P
Agricultural feed and seed store
X
X
X
X
X
X
P
P
As balt plant
X
X
X
X
X
X
X
X
Concrete batch plant
X
X
X
X
X_
X
X
C
Livestock
P
P
P
P
P
C
C
C
Riding stable or school
P
X
X
C
C
X
C
C
Wood pr9cessing plant-
X
X
X
X
X
X
C
C
Arts entertainment tourism
Amusement centers
X
X
X
_
X
X
C
P
C
Aquatic/activity/recreation center
X
X
X
X
X.
C
P
C
Art gallery
X
X
X
X
X
C
P
C
Dance, music or voice studio
X
X
X
X
X
C
P
P
Exercise salon
X
X
X
X
X
P
P
C
Golf course
C
C
C
C
C
C
C
C
Martial arts instruction
X
X
X
X
X
C
P
C
Museum
X
X
X
X I
X
C
P
C
Civic services:
10
Cemetery
C
C
C
C
C
C
C
C
Church
C
C
C
C
C
C
C
C
Government facility
C
C
C
C
C
C
C
C
Newspaper, printing and publishing
X
X
X
X
x
C
P
P
Publishing
X
X
x
X
X
C
C
P
School
C
C
C
C
C
C
C
C
TV studio, radio station
X
X
X
X
I X
I C
P
P
Commercial Retail:
Automotive pails store
x
X
X
X
x
C
P
P
Automotive sales
X
X
X
X
X
C
P
P
Bakery goods store
X
X
X
X
X
C
P
P
Bookstore
X
X
x
x
X
C
P
C
Convenience store
C
X
X
X
X
C
P
C
Department store
X
X
X
x
x
X
P
C
Drive-in restauran ./ drive-through
X
X
X
x
x
C
P
P
Equipment rental and sales yard
X
X
X
X
x
x
P
P
Greenhouse
X
X
X
X
X
X
P
P
Grocery store
X
X
X
X
x
C
P
C
Hobby store and crafts
x
x
X
X
x
C
P
P
Industrial and agricultural equipment
X
X
X
X
X
x
P
P
Pet shop and supplies
X
X
X
X
X
C
P
P
Production building sales
X
X
X
X
X
X
P
P
Recreational vehicle sales, service and
X
X
X
X
x
x
P
P
Restaurant
X
X
X
x
X
C
P
P
Retail stores and services
X
x
X
X
X
C
P
C
Roadside stand
P
X
X
X
X
C
C
C
Sexually oriented business
X
X
X
X
X
X
X
C
Tire shop, including recapping
X
X
X
X
X
x
P
P
Yard and garden sales and services
x
X
x
X
x
C
P
P
Commercial services:
Animal care site
C
X
X
x
X
X
C
P
Auction service
X
X
X
X
X
X
P
P
Car wash
X
X
X
X
X
XP
P
Cleaning, Iaundry shop
X
X
x
X
X
C
P
P
Exterminating company
X
X
x
X
X
X
P
P
Hotel
x
x
x
x
x
x
P
C
Kennel commercial
C
X
x
X
X
X
C
C
Kennelhobby
P
P
P
P
P
P
P
P
Motel
X
X
X
X
C
X
P
P
11
Office professional (<I0,000 square
feet
X
X
X
X
X
P
P
C
Office professional (>10,000 square
feet
X
X
X
X
X
C
P
P
Photographic studio
X
X
X
X
X
P
P
P
Printing
X
X
X
X
X
I C
P
P
Service station
X
X
X
X
XC
P
P
Wedding chapels, services
X
X
X
X
X
C
P
C
Health and human services:
Barber/beauty shop
X
X X
X
X
C
P
C
Bathhouse, sauna, mineral
X
X X
X
X
X
C
C
Childcare center
C
C C
C
C
P
P
P
Funeral home
X
X X
C
C
C
P
C
Hospital
C
C C
C
C
C
C
C
Lab, medical, dental or optical
X
X X
X
X
C
P
C
Nursing home
C
C C
C
C
C
C
C
Shelter home
C
X C
C
C
C
C
C
IndusteiaUmanufacturin :
Battery manufacture
X
X
X
X
X
X
X
C
Beverage bottlin plant
X
X
X
X
X
X
C
P
Cement or clay products manufacture
X
X
X
X
X
X
X
C
Chemical storage and manufacture
X
X
X
X
X
X
X
C
Contractor shop and yard
X
X
X
X
X
X
P
P
Food processing plant
X
X
X
X
X
X
X
C
Furniture/cabinet shop
X
X
X
X
X
X
P
P
Ice and dry ice manufacturing
X
X
X
X
X
X
P
P
Laboratory research
X
X
X
X
X
C
C
P
Machine shop
X
X
X
X
X
X
C
P
Manufacturing heavy
X
X
X
X
X
X
X
C
Manufacturing light
X
X
X
X
X
X
C
P
Meat pactdng plant
X
X
X
7k
X
X
X
C
Public utility yard
X
X
X
X
X
X
C
P
Railroad yard site
X
X
X
X
X
X
C
P
Recycling center
X
X
X
X
X
X
C
C
Rendering plant
X
X
X
X
X
X
X
X
Well drilling
X
X
X
X
X
X
C
P
Residential:
Home occupation major
P'
P'
PI
P'
P,
X
X
X
Home occupation minor
P'
P'
P'
P'
Pi
X
X
X
Production buildings for other uses
Class I
P
P
P
P
C
C
I C
C
Class Il
C
P
P
P
C
C
C
C
12
Class III (outside production buildings
cluster arrangements)
X
X
X
X
X
X
X
X
Class III (within production buildings
cluster arrangements
P
X
X
P
P
X
X
X
Residential dwellings sub'ect• to
Single household dwelling
P
P
P
P
C
C
C
X
Duplex
C
X
C
P
P
C
C
X
Thre lex
X
X
X
P
P
C
C
C
Fourplex
X
X
X
P
P
C
C
C
Apartment building
X
X
X
X
P
C
C
C
Accessory dwelling
C
Pz
PZ
P
P
P
C
C
Zero lot line residence, abutting or
detached (subject to restrictions
C
C
P
P
P
C
C
X
Warehouse and stora e'
Commercial laundry service
X
X
X
X
X
X
P
P
Feed manufacture and storage
X
X
X
X
X
X
X
C
Frozen food locker
X
X
X
X
X
X
P
P
Fuel yard
X
X
X
X
X
X
X
C
Grain storage
X
X
X
X
X
X
X
P
Moving and storage company
X
X
X
X
X
X
C
P
Nonresidential production building (for
uses allowed
P
P
P
P
P
P
P
P
Parkin lot, garage or facility
X
X
X
X
X
X
P
P
Production building cluster
arrangement
C
X
X
C
C
X
X
X
Salvage site
X
X
X
X
X
X
X
X
Sanitary landfill
C
X
X
X
X
X
X
C
Self service storage facility
C
X
X
X
C
C
C
P
Site buildings (for uses otherwise
allowed)
P
P
P
P
P
P
P
P
Terminal yard, trucking
X
X
X
X
X
X
C
P
Vehicle storage site
X
X
X
X
X
X
C
C
Warehousing, wholesaling
X
X
X
X
X
X
C
P
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 personas set forth in section 18.12.032 of this
title, in which case the matter is treated as a conditional use permit.
13
2. Permitted unless objections by any personas set forth in section 18.10.070 of this
title, in which case the matter is treated as a conditional use permit,
3. The schedule for R-2 shall apply to an R -2P Zone,
(Ord. 798, 2019; amd. Ord. 822, 2021; Ord. 823, 202 1)
SECTION: 18.08.046. OFF STREET PARKING
TYPE OF USE
PARKING SPACE REQUIRED,
COMMERCIAL:
Banks, financial institutions and
1 for each 200 square feet of floor area
similar uses
Dining rooms, restaurants,
taverns, nightclubs, etc.
1 for each 100 square feet of floor area
Funeral parlors, mortuaries and
similar type uses
1 for each 100 square feet of floor area in
slumber rooms, phis 1 space for each 2
employees
Hotels and motels
1 for each sleeping room, plus 1 space for
each 2 employees
Offices, public or Professional
1 for each 200 square feet of floor area
administration or service
buildings
Retail stores
1 for each 250 square feet of floor area
Vehicle repair sites
1 for each 2 gasoline pumps and 2 for each
service bay
All other types of business or
1 for each 200 square feet of floor area
commercial uses permitted in
any business district
INSTITUTIONAL:
Churches and other places of
religious assembly
1 for each 5 seats
Hospitals
1 for each bed plus 1 for each 3 employees
Libraries, museums and art
galleries
1 for each 400 square feet of floor area
Medical and dental clinics
1 for each 200 square feet of floor area of
examination, treating room, office and
waiting room
14
TYPE OF USE
PARKING SPACE REQUIRED
Sanatoriums, homes for aged,
1 for each 2 beds
nursing homes, children homes,
asylums and similar uses
MANUFACTURING:
All types of manufacturing, storage
1 for every 2 employees (on the largest shift
and wholesale uses permitted in
for which the building is designed) and 1 for
any manufacturing district
each motor vehicle used by the business
Express, parcel deliver and freight
1 for every 2 employees (on the largest shift
terminal
for which the building is designed) and I for
each motor vehicle maintained on the
premises
RECREATIONAL OR
ENTERTAINMENT:
Auditoriums, sports arenas,
1 for each 4 seats
theaters, and similar uses
Banks, fluaneial instkutions and
1 for each 200 square feet of floor are-n
Bowling alleys
2 for each alley or lane plus 2 additional
spaces for each 100 square feet of area used
for restaurant, cocktail lounge or similar use
Dance floors, skating rinks
2 for each 100 square feet of floor area used
for the activity
Dining rooms,restaurants,
9 for each 1 nn
t'��ypy�
1YAAM„'C�{.O C44�
Offiees, public feseienal
administration or serviee
IitrlldInp
I for , aeb 200 . e feet of-flo r a ea
Outdoor swimming pools, public or
1 for each 5 persons' capacity, plus 1 for each
community or club
4 seats or 1 for each 30 square feet of floor
area used for seating purposes whichever is
greater
n,•t•�n;.-�.s:i�iire�
14o"ae k-250 square feet of Flo
ellter-tjFpe" msiness-er
t for- each 200 . n,u�..feet of cl,.,...
' feet
@OMeireial uses permitted i
any business distriet
RESIDENTIAL:
2 for each household
SCHOOLS:
Business, technical and trade
1 for each 2 students
schools
15
TYPE OF USE
PARKING SPACE REQUIRED
Colleges, universities
1 for each 4 students, 1 for each 3 employees
and parking for visitors calculated as 25
percent of the total for students and
employees
Elementary and junior high schools
2 for each classroom and 1 for every 5 seats
in auditoriums or assembly halls
High Schools
I for every 10 students and 1 for each teacher
and employee
Kindergartens, childcare centers,
2 for each classroom, but not less than 6 for
nursery schools and similar uses
the building
A. In the interpretation of this section, the following shall govern:
1. Parking spaces for other permitted or conditional uses not listed in this subsection
shall be determined by the city council.
2. Fractional numbers shall be increased to the next whole number.
3. Where for any reason parking demand is unusually high or low, then the parking
space provisions cited above may be adjusted proportionately by the council without the
necessity of a variance.
4. Paved surfaces must be provided for all off street parking and such surfaces must
be maintained, kept clean and have striping designating the parking area. Such parking
spaces and the striping shall comply with acceptable parking lot design and with all
appropriate laws including the Americans with disabilities act.
5. A paved driveway shall connect the public right of way or other road providing
access to the property and the required off street parking.
6. Two (2) or more adjacent or contiguous (other than residential) users of off street
parking subject to this section may petition for a conditional use permit to decrease the
total number of required parking spaces on the basis that the users have entered into a
joint use agreement for parking. In reviewing this conditional use permit, in addition to
the requirements set forth in section 18,28.040 of this title, the following factors shall be
considered:
a. Whether the uses of the property and the suggested number of parking places by
the applicant will be compatible as to type of use or hours of use resulting in an actual
reduction in the number of parking spaces needed.
b. Whether the reduced number of parking spaces is offset by other desirable
amenities such as increased landscaping or common area or reduced need for on site
stormwater retention due to decreased hard surface parking area.
c. Such other factors as applicant or the reviewing body may deem appropriate
given the proposed use of the land and location of the land with respect to other
development. (Ord. 755, 2016)
16
Section 6. Amended 18.12. Section 18,12.030.E of the Chubbuck Municipal
Code is amended as follows:
18.12.030.E: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES
E. Drive -In / Drive-through Establishments: Drive-in / drive-through establishments
shall:
1. Be enclosed on the property line with maintained landscaping and fencing, except
for ingress and egress, to prevent trash from moving onto other properties.
2. Have a minimum six foot (6) high, solid fence along the property lines that
adjoin residential property or residentially zoned areas.
3. Provide for adequate trash receptacles.
4. Avoid the direction of night lighting toward any residence.
Section 6. Amended 18.14. Section 18.14.020 of the Chubbuck Municipal Code
is amended as follows:
18.14.020: LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS
AND OFF STREET PARKING AND OTBER VEIIICULAR USE AREAS:
All areas used for the display or parking of any and all types of vehicles, boats or
construction equipment, whether such vehicles, boats or equipment are self-propelled or
not, and all land upon which vehicles traverse the property as a function of the primary
use of such property, hereinafter referred to as 'other vehicle uses", including, but not
limited to, activities of a drive-in nature such as filling stations, grocery and dairy stores,
banks, restaurants and the like, shall conform to the minimum landscaping requirements
hereinafter provided, save and except areas used for parking or other vehicular uses
within buildings, and parking areas serving single household dwellings and duplexes.
A. Installation: All landscaping shall be installed in a sound workmanlike manner and
according to accepted planting procedures with the quality of plant materials as
hereinafter described. All elements of landscaping shall be installed so as to meet all
other applicable ordinances and code requirements, The city building official, or his
representative, shall inspect all landscaping and no certificates of occupancy or similar
authorization will be issued unless the landscaping mects the requirements herein
provided.
17
B. Maintenance: The owner, tenant and/or their agent, if any, shall be jointly and
severally responsible for the maintenance of all landscaping. Landscaping shall be
maintained in good condition so as to present a live, healthy, neat and orderly appearance
and shall be kept free from weeds, refuse and debris. All landscaped areas, except those
utilizing nonliving durable material, shall be provided with a readily available water
supply with an automated water conserving (or water efficient) delivery system designed
to maximize the benefit of water without waste. All dead trees and shrubs shall be
removed and replaced no later than June 30 of the following growing season.
C. Plant Material:
1. Quality: Plant material used to obtain compliance with this chapter shall be of a
high quality equivalent to that provided by local reputable nurseries.
2. Trees: Trees shall be species having an average mature spread of crown of greater
than fifteenfeet(15'): Trees shall be not less than one to -one and one-half_inch .(1.1J2.")
caliper size at time of planting; provided, all trees must be planted and staked, if
necessary, according to professional nursery standards. No tree or plant which may cause
damage to public roadways or sidewalks or which is regarded as a "trash" tree or plant
shall be planted. A list of accepted tree, shrub, and ground cover species shall be
maintained by the city building official for review by the public. Any other tree, shrub or
ground cover species may be planted only upon prior approval from the city building
official.
3. Hedges: Shrubs composing hedges shall be a minimum of two feet (2') in height
when measured immediately after planting. Hedges, where required, shall be planted and
maintained so as to form a continuous, unbroken, solid, visual screen within a maximum
of three (3) years after time of planting.
4. Shnibs: Shrubs shall be not less than a three (3) gallon size when plpnted.
D. Required Landscaping Adjacent To Public Rights Of Way: On the site of a
building or open lot use providing an off street parking area or other vehicular use area,
where such area will not be entirely screened visually by an intervening building or
stricture from any abutting right of way, excluding dedicated alleys, there shall be
provided landscaping between such area and such right of way, as follows:
1. A strip of land at least ten feet (10') in depth located between the abutting right of
way and the off street parking area, other vehicular use area or structure and which is
exposed to an abutting right of way shall be landscaped, such landscaping to include one
tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between
the abutting right of way and the off street parking area, other vehicular use area or
structure and shall be planted in a planting area of at least ten4y &c—(25) one hundred
100 square feet with a dimension of at least ten feet (10') on each side. The required
landscaping shall also include a hedge or a planting of at least one shrub for each five (5)
linear feet of the landscaped area. The remainder of the required landscaped area shall be
landscaped with grass, ground cover, or other landscape treatment, excluding paving.
2. All property other than the required landscaped strip lying between the right of
way and off street parking area or other vehicular use area shall be landscaped.
3. Necessary accessways from the public right of way through all such landscaping
shall be permitted to service the parking or other vehicular use areas and such accessways
may be subtracted from the linear dimension used to determine the number of trees and
shrubs required.
4. If landscaping is required under this section, the owner, in addition to the
landscaping required by the above provisions, shall landscape any areas within the street
right of way that is contiguous with owner's property line and not covered by pavement,
curb, gutter, sidewalk or other such improvements that cover the soil in such a way that
planting is not feasible.
E. Parking Area Interior Landscaping: Off street parking areas and other vehicular use
areas shall have interior landscaping covering at least five percent (5%) of the total
parking lot area for lots with ten (10) or more parking spaces. In addition, other vehicle
use areas shall have one square foot of interior landscaping for each one hundred (100)
square feet of paved area. Where the property contains both parking areas and other
vehicle use, areas, the two (2) types of areas shall be treated separately for the purpose of
determining the required amount of landscaping. Each separate landscaped area shall
contain a minimum of fifty (50) square feet and shall have a minimum dimension of at
least five feet (5'). The landscaped areas may be located so as to break up the expanse of
paving or maybe located adjacent to any structures located on the property. One tree
shall be planted for every two hundred (200) square feet of interior landscaping. All
remaining land in the area designated for landscaping shall be covered by shrubs, ground
cover or other authorized landscaping material not to exceed three feet (3') in height.
Plans showing location, size and type of plant materials for landscaping in parking areas
shall be included in all applications for a building permit or design review clearance and
compliance with this chapter shall be a condition to the issuance of such a permit or
clearance.
F. Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of
Access: When an accessway intersects a public right of way or when the subject property
abuts the intersection of two (2) or more public rights of way, all landscaping within the
triangular areas described below shall provide unobstructed cross visibility at a level
between three feet (3') and ten feet (10'); provided, however, trees or foliage extending
into the cross visibility area shall be allowed, provided, they are so located so as not to
create a traffic hazard. Landscaping except required grass or ground cover shall not be
located closer than three feet (3') from the edge of any accessway pavement. The
triangular areas above referred to are:
1. The areas of property on both sides of an accessway formed by the intersection of
each side of the accessway and the public right of way line with two (2) sides of each
triangle being fifteen feet (15) in length from the point of intersection of the edge of
roadway and accessway and the third side being a line connecting the ends of the two (2)
other sides.
2. The area of property located at a corner formed by the intersection of two (2) or
more public rights of way with two (2) sides of the triangular area being forty feet (40) in
19
length along the abutting public right of way lines, measured from their point of
intersection of the edge of roadway, and the third side being a line connecting the ends of
the other two (2) lines. (Ord. 755, 2016)
Section 7. Amended 18.20. Sections 18.20.070 of the Chubbuck Municipal
Code ius amended as follows:
18.20.070: DEVELOPMENT STANDARDS:
A. General Requirements: In the PUD zone the following table of requirements shall
apply. See section 18.20.080 for exceptions and incentives regarding residential density,
and section 18.20.090 for exceptions to non-residential building height, perimeter
setbacks, and parking standards. Different setbacks maybe proposed as part of the MDP.
See additional requirements on setbacks and perimeter guidance in Subsection B below.
Comprehensive Plan Land Use
LDR
MDR
HDR
I MU
C
E
Residential Maximum Units per Acre
5/ac
8/ac
16/ac
16/ac
16/ac
16/ac
Maximum Height
35'
35'
45'
45'
70'
70'
Minimum Front Yard Setback*
25'
15'
10'
10'
10'
10'
Minimum Rear Yard Setback from
Perimeter
20'
15'
10'
10'
0'
0'
Minimum Side Yard Setback from
Perimeter
5
10'
10'
10'
0
0'
* Residential setbacks between interior edge of sidewalks and garages shall not be less
than twenty feet (2W'
B. Setback.:
1. Standard setback requirements listed in Subsection A above or Section 18.08.042
A of this Title shall not apply to structures on the interior of the project, but setbacks shall
follow the approved MDP for the site and adopted building codes. The MDP shall also
guide front yard setbacks.
2. A proposed PUD shall incorporate height, density, landscaping, and/or
architectural transition designs along the development's perimeter to achieve an orderly
transition to existing lower density residential development or zoning districts on
adjacent properties.
3. Industrial development in a PUD adjacent to any residential uses or zoning shall
include a landscaped buffer that is at least ten feet (10') wide. The landscaped buffer shall
20
be planted with an evergreen hedge or a dense planting of trees and shrubs. If using a
buffer of trees and shrubs it shall include some evergreen species appropriate to the site.
4. For the purposes of this section, residential uses across an arterial street from an
industrial use shall not be considered adjacent, but shall be considered adjacent if located
across a local or collector street.
C. Waivers and Adjustments: The Council may grant waivers or adjustments to the
requirements for public or private street widths, setbacks or other design standards if such
waivers are deemed appropriate for the development after considering surrounding uses
and aesthetics. Special consideration may be given for PUDs in infill areas.
1. zoning Standards: The developer may deviate from the height, lot line setback,
and lot dimension schedule found in chapters 18.08 and 18.12.
a. Deviations shall be listed in fall as a part of the PUD application and MDP.
Modifications to other zoning and subdivision standards will be determined by the
Commission and Council on a case by case basis.
b. Residential setbacks shall not be reduced between interior edge of sidewalks
and garages to less than twenty feet (20').
2. Municipal Standards: The following standards may be modified if requested as
part of the PUD approval process and if deemed appropriate by the Council upon advice
of the Public Works Director, and other staff as applicable, after considering whether the
resulting development would achieve greater consistency with the intent and purpose of
this chapter than development that would occur without the modification:
a. Any provision in title 16 of this Code pertaining to streets and sidewalks;
b. Any provision pertaining to off-street parking and loading except that at least
one of the required parking spaces per residential unit. shall be located within a reasonable
walking distance, except as required to comply with the Americans with Disabilities Act
(ADA).
c. Other provisions of this Code on a case-by-case basis.
D. Building Permits And Architectural Features: When applying for a building permit
for structures or signs within a PUD, the applicant shall include a letter or checklist
verifying that the structure satisfies the architectural requirements of this chapter and the
conditions of approval of the PUD. A similar letter or checklist may be required for the
Design Review phase of a development to verify conformance with the approved open
space and landscaping conditions of the PUD.
E. Water Conservation In Landscaping: In open space, setbacks, and other landscaped
areas in PUDs, other than recreation areas and managed natural areas, at least thirty-three
percent (33%) of the area shall incorporate and maintain a ground cover other than lawn
or turf grasses, and that consumes less water than lawn or turf grasses.
F. Utilities: Underground utilities, including telephone and electrical systems, are
required within the limits of all PUDs. Appurtenances to these systems which can be
effectively screened may be exempted from this requirement if the Commission and
21
Council finds -that such exemption will not violate the intent or character of the proposed
PUD.
G. Common Open Space And Pathways In Residential PUDs: The provisions of this
section apply to residential PUDs and to the Net Residential Area of mixed use PUDS.
1. Minimum Open Space: A minimiun often percent (10%) of the gross land area
developed in any residential PUD project shall be reserved for common open space and
recreational facilities for the residents or users of the area being developed, The common
open space shall not have any dimension less than ten feet (10') nor be less than three
hundred (300) square feet in area. Required front, side, and rear yard setback areas, and
minimum building to building separation, shall not be included in the calculation of the
common open space provided.
2. Ownership: The required amount of common open space land reserved under a
PUD shall either be held in corporate ownership by owners of the project area for the use
of each owner who buys property within the development, or if approved by the Council
be dedicated to the public and retained as common open space for parks, recreation, and
related uses. The responsibility for the maintenance of all open spaces shall be specified
by the developer and approved by the Council before approval of the PUD MDP.
3. Design: Diversity in the design and use of common open space, open land, parks,
and common areas is encouraged, and approval shall be judged as to its appropriateness
based on the following criteria:
a. Areas intended for public use shall be freely accessible from streets and/or other
common areas that have unrestricted entry. The configuration of such space shall be to
accommodate parks, play fields, and play areas as directed by the city.
b. Pocket parks, courtyards, and similar common areas for internal use are
encouraged within PUDs so as to convey a sense of openness and community within the
neighborhood. Pocket parks shall be privately maintained unless approved by the
Council.
c. Public utility and similar easements or right-of-way for watercourses and other
channels are not acceptable for common open space dedication unless such land or right-
of-way is usable as a trail or similar purpose. The common open space must be usable
ground and not wasteland with no other practical purpose. Consideration may be given to
a managed area with a natural setting such as a natural wooded area or a natural sage and
grass area. Drainage or storm water retention is permitted in common areas.
4. Accessibility: if possible, every property developed under the PUD approach
should be designed to abut upon common open space or similar areas. A clustering of
dwellings is encouraged so that open space is accessible to as many residents of the PUD
as possible.
a. Open space and trails shall be designed so that a minimum of 75% of all multi-
family structures (with three (3) or more residential units per building) and a minimum of
fifty percent (50%) of all single family, duplex, and twin home lots shall be adjacent to or
have direct access to the open space, pathway, or trail. For the purposes of this section,
the term "direct access" means lots or multi -family buildings are located a maximum of
22
two hundred fifty feet (250') away from an off-street trail connecting to a common area
open space lot or recreation amenity. The minimum width of internal trails other than
sidewalks shall be six (6) feet,
b. Building lots separated from a common area open space lot by a local street
shall be deemed to have achieved direct access if a pedestrian crossing meeting ADA
standards connects the two,
5. Trail System Connection Requirements: Exclusive of required sidewalks within
or adjacent to a public right-of-way, a public pedestrian or bicycle circulation system is
required to connect to existing or planned pedestrian or bicycle routes adjacent to the
project. The minimum width of trails connecting to existing or planned pedestrian or bike
routes shall be six (6) feet, but greater widths maybe required by the City after
considering connections to adopted trail plans and anticipated use.
H. Required Amenities In Residential PUDs: Two (2) or more of the following
amenities shall be provided as part of each residential PUD or the Net Residential Area of
a mixed use PUD, and shall be commensurate with the size and planned population of the
development.
1. Additional landscaped open space of at least ten percent (10%) of the gross area
(twenty percent (20%), total). To qualify as an amenity, the additional open space must
meet the same requirements as described in 18.20.070.6.1 above for minimal open space
requirements.
2. Private active recreational facilities such as playgrounds, picnic areas, basketball
or tennis courts, swimming pool, clubhouse, etc., of a size suitable to meet the needs of
the development. For the purposes of this section, a recreational facility(ies) that can
simultaneously serve approximately eight percent (8%) to ten percent (10%) of the
projected PUD population at any given time shall be deemed commensurate with the size
and needs of the development.
3. Golf courses, but regardless of its size no golf course may contribute more than
one-quarter of the common open space required by this section.
4. Provision for a neighborhood park or other public open space or improved
trailhead, with public access thereto.
5. Greenways and waterways that include pedestrian ways, trails, bike paths, and
equestrian trails linking residential yeas with other open space uses. These maybe
constructed on public utility or other easements or canal right-of-way, and may be
dedicated to the City or a non-profit entity. Greenways and waterways differ in scale
from required trail systems described in subsection B above, and may include natural
areas, seating/rest areas or other appropriate facilities.
6. Other amenities as may be approved by the Commission and Council on a case-
by-case basis. (Ord. 825, 202 1)
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
23
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 the Ordinance are repealed to the extent of such conflict.
Section 2. Severabifily. 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 vile 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 effective upon its passage, approval, and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF CHUBBUCK, IDAHO, this /'WrA day of May, 2022.
Kevin B. England, Mayor
ATTEST:
oey vers, Clerk
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