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Home My WebLink AboutORDINANCE NO. 353 PLANNING & ZONING - SIGNED ~'; .i ,I :/ '. ,,/1: ,. ./';,~. If . ~ :1". ' \-\ e: \~l 'l : .""ilii () lv1 .) t<~ ~ ~, - - - - ~ I - -- - - - - - ORDINANCS NO. 353 AN ORDINANCE CID-::ATING A CITY PLANNUn COMMISSION FOR THE CITY OF REXBURG, IDAHO, PURSUANT TO T HE PROVISIONS OF CHAPTER51 OF THE FIRST EXTRAORDINARY IDAHO SESSION LAnS OF 1935, AND APPOIlJTEJG A ZONING COMUISSION PUR-~ SUANT TO THE PROVISIONS OF CHAPTER 49-406, IDAHO CODE ANNOTATED; CREATING A BOARD OF ADJUST1.LSNT: TO FROVIDE A :MAST~R PI \N FOR THE DEVELOPMENT OF THE CITY; ADOPTING THE UNIFORl. SUIIDING CeDE, PUBUSIED BY THE PACIFIC COAST BUILD,,- IG OFFICIALS CO~'TFERENCE, AND PROVIDING FOR AMENDMENTS THJQfr~1D; CREATING THE OFFICE AND POSITION OB BUILDING I:NSPECTOR OF THE CITY OF REXBUHG, IDAHO; DEFINING CERTAIN TERtIS USED IN SAID ffiDINANCE. TO PRE'~ SCRIBE PENALTIES, AND THE MANNER IN ','IHICH SUCB PROVISIONS SHALL BE ENFORCED. -) f)- BE IT ORDAINED BY THE ~&YOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO: -J.. ARTICLE 1. ADMINISTRATION Section 1. Planning Commission. There is hereby created a planning corrunission for t he City of Rexburg, Idaho, pur- suant to the provisions of Chapter 51 of the First Extraordinary Idaho Session Laws of 1935. Said planning commission shall consist. of seven members, one to be designated from among the members of the City council by the mayor, and the other six to be appoirt ed by the mayor from among the resident taxpaJTers of the city, provided one member Fay be a non-resident taxplyer, at least four of whcm shall hoM no other public municiral office. Of the six members first appoint.ed, two shall be appointed for two years, two for four years, and two for six years; all subsequent appoirrtlmnts shall be for periods of six years, or until their successors shall have been appointed. All appointments to the planning commission by the mayor shall be sub- ject to approval of the city council, and any member of the planning commission ma,y be removed for cause after public hearing by the city council. Members of the planning cOJIunission shall be selected without respect to political affiliations and shall serve without compensation. The planning comrnission maJT appoint employees and and may contract with cit.y planners and other consultants, provided its expenditures, exclusive of gifts, shall be within the amounts appropriated for the purpose by the city oouncil. The planning commission shall elect its own chairman for a tem of one year from among the six appointive members. Regular meetings shall be held at least once each month. The plan- ning commission shall adopt rules f or its own organization and for the.nsaction of business and s hall keep a public record of its proceedings. All meetings shall He open to the public. 'S<!"c7iOYl I,A - (inS.~....'I- o-.-d. "37';;) The planning commission shall also serve as a zoning commission, pursuant to the proyisions of Section 49-406, Idaho Code Annotated. /-", r Section 2. Board of Adjustment. , There is hereby created a board of adjustment consisting of five members appointed by the mayor with the a pproval of thE! city council, two of whom shall be members of the plan-' ning commission, with terms corresponding to their terms on the planning commission, and the other three to be appointed for terms of three years each, except that of the three first ap- pointed one shall be appointed for one year, one for two years, and one for three years. The members 'shall be subject to removal from office by the city council for cause stated in writing and after public hearing.:(!be board of adjustment sh~l organize, elect ~ chai~,. adopt rules of procedure, and hold meetlngs at the call of the chalrman or at other tlffies speclfled by the board. . The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the P~'A The board of adjustment shall keep minutes of its meetings, showing the vote of each member upon each question, or if absent or failing to vote showing such fact, and shall keep records of its examinations and other official actions; all of which shall be immediately filed in the office of the board and s hall be a public record. Such board shall hear and decide appe als from and review any order, requirement or decision or determination made by the planning and zoning commission and building inspector under this ordinance. Appeals to the board of adj ustment shall follow the procedure outlines in the rules of the board; provided, that such rules shall become effective only after a public hearing and approval by the city council. -) ~ection 3. Building Code. t The Uniform Building Code, 1943 Edition, and all subsequent editions, as published i by the Pacific Coast Building Officials Conference (three copies of the latest edition to be . on file in the office of the City Clerk) shall be known as and is hereby adopted by reference as ti:16 Building Code of the city of Rexburg, Idaho, vrith vThatever arrendments may be passed from time to time by the city council to supplement it. The requirements of the latest edition of such Unifonn Building Code shall prevail over all prior editions. I ,.-1..1> . \ \. Section 4. Building Inspect or. There is hereby created the office and position of Building Inspector of Rexburg, Idaho. TJieeuilding Inspector shall furnish e ood and sufficient bond to the people of the state of Idaho in the penal sum of one thousand ($1,000.00) dollars, to be approved by the city council, conditioned that he shall fa.ithfully perforn and execute the duties of the office of building inspector, and shall pay over all rr.oneys thc:t shall COi:16 into his hands as building inspector to the City of Hexburg, arrl shall deliver to his successor all papers and other things pertaining to his office. , "'~, 'f ,,"",'- G!O.D.IARNARD STA. CO'I Sf .LOU.' - - - - -] - - -.., . '-~...__.~, .. '-J...."-'-~b' ""-4~IIV j .I II I I, i, ti i I: ... l- A ~ \ \ \ \ \ 1 """"'""-,,,;_. ARTICLE II. TE:~ 1.:.\ST~H PLAN PROGRi\l,: J ,section 1. The I.laster Plan. It shall be the funct ion 2nd dut,j' of the planning commission to m.ake, adopt, ond cC-3rtify to tho city council a f:laster plan for the development of the city. The master plan shall show the planning commissionl s recommendo.tions and raY include, amon~ other tbi:1c;3, the c"Gneral location, character, and extent of streets, parl:s, parlcwaYs, play- grounds, airports, and other public spaces; the generB,l location and extent of public utilities and terminals, '''Jhether publicly or privatel',' ovmed; the acceptance of widening, removal, extension, relocation, narr~:yinr", vacation, illil!bandorunent, or change of use of any of the foregoi.ng; the general loc ation"L character, )ayout, and extent of community centers and neizhoorhood units; thesGller:L:L character, extQElt, and layout of the re-planning of blighted areas; a zonini; rJlan for the regulation . o('t he heighth, area, bulk, location, and use of private and public stl'Uctm:es and premises" and of population density; beautification of public buildings, st reets, parks, and r; rounds. Section 2. Official Lap. ,,'1 ::;. Fro;;). and after the tir,Ie 'i.Then the planning conunL'ision shall have adopted a najor street plan, the city council may establish an official map of the whole or emy part of the city theretofore existing and established by law as public streets. Such officjallna~) may also shov. the location of the line s of streets on plats of subdivisions rrhich shall have been approved by the planning comm5..ssion, and the lines of proposed neVI streets or street extensions, vridenings, narrowings, or vacations which have been accurately surveyed and definitely 10cC).ted. before the city council shall adopt the official Hap or any amendments or addition::; to it, such Liap or amendroont s shall be submitted to the planning commission for its approval OJ;" disapproval, and to t he public at a public hearing. The city council may overrule the d.~sapp:roval of the planning commission by a majority vote, The official map, when adoptea, shall be recorded in the office of the county recorder. Section 3. Protection of Mapped Streets. From and after the time y,hen an official map has been recoroed in the office of the county recorder, no permit shaJ~.. be issued by the building inspector for any building or structure or part thereof on any landlocated between the mapped lines of any street as shovm on the officiall'lap. Any person aggrieved by his inability to obtain such a permit may appeal to t he board of adjustment herein created. The board of adjustment shall have the power, upon an aPFeal filed with it by the o'Vner of any such land to recommend to the city council the grant of a permit for a building or structure or part thereof within any mapped-street location in any case in vmich the board of adjustment, upon the evidence, finds (a) that the property of the appellant of which such mapped-street location forrr.s a part will not yield a reasonable return to the ovmer unless such permit be granted, or(b) that,balanc~.., f interes.t of the municipality in preserving the integrity of the official map and interill of the owner in the use and benefits of the property, the grant of such permit is required by considerations of justice and equity. Before taking any such action, the board of adjustment shall hold a public hearing thereof. In the event that t he board of adj~tment decides to recommend a building permit, it shall have the power to specify the exapt location ground area, heighth, and other details and conditions of extent and character and also the duration of the building, structure, or part thereof to be permitted. Section 4. Subdivision Control. '.)1... .. Any and all maps, plats and replats of lands which require the approval of the city council shall first be submitted to the plarming commission for its suggestions. From and after the time when t he planning conunission shall have adopted a major street !Dlan and shall have certified the same to the city council, no plat of a subdivision of l~ lying within the city s hall be filed 0 l' recorded in the count,y recorder's office untilift shall have been submitted to and approved by the plarming commission and the city council, and such approVal entered in writing on the plat by the designated representatives of each. The filing or recording of a plat of a subdivision without such approval shall be void. The planning commission shall prepare regulations governing the subdivision of land vdthin the city, such regulations to be effective when approved by the city council after public hearing. ~ In this ordinance the word Tlsubdivision'1 shall mean the division of a tract or parcel of land into two or more pl.rts for the purpose, whether immediate or future, tor sale or development for residential purposes. The description by metes and bounds in the instru- !rent of transferorcother documentunsed in the process of selling or transferring such land shall not exempt the subdivision from alch regulations. Section 5. Le~al Status of the Master Plan. ~Vhenever the city council shall have adopted the master plan or any part thereof, thenceforth no street, park or other public way, ground, place or space, no public building or structure, and no pbblic utility, vmether publicly or privately owned, shall be constructed or authorized until and unless the location and extent thereof shall conform to said plan or shall have been submitted to and approved by the planning commission; provided, that in Case of disapproval, the plarming commission shall communicate its reasons to the city council, school board, or other board or agency chiefly concerned, and such city councilor other agency by a vote of not less than a majority of its ehtire membership, shall have the power to oY!;l~rule such di.s:approval. The acceptance, widening, removal, extension, relocation., narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way, property, or structure, shall be subject to similar sub- missions and approval, and the failure to approve may be similarly overruled. The failure of the planning commission to act within thirty days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by city council or other submitting body, board, or official. :;11 l! I .1A, A , ' . -.4 ....1 iJ., c:;:J 1 -.. - ~, - -~... .. "'" ----~---_._---------~ ~"--.--- - ?" :3, ~ i! ,: ,. r ~ ' il ARTICLE III. GENERAL PUlli--:lOSES, PO'NFllS AND DUTIES It shall be the duty of the planning commi8sion to recommend and make suggestions to the city council, for the adoption of co-ordinated plans for the physical development of the city; for the formation 0f zoning districts; to make suggestions concerning the laying out, widening, extending and locating of streets, roads and high.vays for the relief of traffic; to make suggestions concerning densit,y of population and developnent of land within t he juris- diction of the city; to make suggestions concerning the future grovffih, development and beaut- ification of the City of Rexburg, in ordC'r to promote the public health, morals, safety ~<nd welfare of the inhabitants thereof; to giv3 suggestions and advice to individuals, firms, or corporations.. concerning landscaping or location of buildings, structures of works to be erected, constructed or altered by or for such individuals, firms, or corporations. Said planning commission may cooperate with other and like commissions along the lines and pur- poses prescribed in this ordinance. It may recommend to the mayor and city council programs for public improvements and the financing thereof. In general, the planning commission shall have such powers as may be necessary to enabl e it to perform its functions and promote munic- ipal planning. ARTICLE IV. VALIDITY If any section, paragraph, subdivision, clause, phrase, or protrlslon of this ordin- ance shall be adjudged invalid or held unconstitutional, the same shall not affeG~ he validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. ARTICLE V. PENAL TY Any person, finn, or corporation who shall violate any of the ,provisions of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars, nor more than one hundred dollars for eacq offense, and shall be imprisoned until such fine be paid. Each day that a violation is permitted to exist shall constitute a separate offense. ARTICLE VI. REPEALING CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance, are hereby repealed. 1946. Passed by the City Council of the City of Rexburg, Idaho, this 12th day of February, Approved by the Mayor of 'the City of Rexburg, Idaho, this 12th day of February, 1946. J. B. DeMott Mayor. ATTEST: Edna P. Hegsted City Clerk (SEAL) ..........."..."..,._,,>,-..:........."--_. ~. .~ ..-'l-~.._.],-__"'__"'..~ ) ) ) I I Ji ~. .... .",