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HomeMy WebLinkAboutORDINANCE NO. 390 BUILDING HEIGHT, NUMBER OF STORIES AND SIZE - SIGNED GEQ.D.aA""ARD alA, CO., ST.LOUII '-'" .& ~.... & . """'" &. .& ....... ....... ....., "-' '-' ... lIIo.' '--'.&.... J & '-"'....--&0' & '_.L~J<../~.l~, .l"-l~ll'-" "" ~ :r. -.. " " ..'. ...... ., .,~~ ~ _.i ~ -. __. -~0 iU. .. ~; ~ .'. J -t. t t :-t" .~ i .~ ~ Ii <. j k .', .~ .~. '. "~~ ..,," , ,< '., ORDINANCE NO. 389, CONT. il- l; Section 7. The Mayor and City Clerk shall give public notice callinc; for bid:, for constructin.::; said improvements, in three con:;ecutive weekly issue:, of the Rexburr; Standard, the official newspaper of said City, 1flhich notice shall state the time, place and hour when and. where the City Clerk will receive sealed proposals for the construction of such improve- f.'lents, and 'Nhich notice shall contain a .r~eneral description of the kind and amount of work to be done, the materials to be furnished, as nearly accurate as practicable, usil .,uch grmeral terms as to admj.t of the widest latitude for competition, and shall st: t .,hat the plans and specifications for said improvements are on file in t he offices of the :.;ity Engineer and the City Clerk, and may be examined or obtained at either office. The notice shall also state the amount of the estimate of the cost of said improvements, and that each bidder shall accompany his bid with a certified check or bid bond in the amount of 5 per cent of the bid in case the contract is aYJarded to such bidder and he fails or refuses to enter into the contract and give the bond required, the proceeds of such check to be forfeited to the City as liquidated damages and placed in the Local Improvement Fund for said District. Said notice shall re,3erve the right to reject any and all bids, to waive informalities or to accept the proposal of the best resronsible bidder. Also said notice shall state that no bidder may withdraw his bid after the hour set for opening bids. Section 8. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 9. By reason of the fact that the,'af struction of said improvemenb3 is impera- tive}'r necessary, it is hereby ckclared that an eme::gency exists, that this Ordinance is necv3:-,'ary to the irr'ilfledillte preservation of the public peace and safety, and that it shall be Ll f,Ll1 force and effect from and after its passage, approval and publication as provided by .~ lavf. ;. -.., , PASSED by the City Ce,uncil of the City of Rexburg, Idaho, this 16th day of March, 1955. APPROVED BY the MaJ'or of the City of Rexburg, Idaho, this 16th day of March, 1955. (Se al; r . 'Z 'j d.L~~/_~/ Mayo~ ---- . .,1 ATTEST: ('0 J- lYLd111 / 7rJ City Clerk. A)v~ (, V . / .. ......, , ,;~ ORDINANCE NO. 390 ~, .J -~:~/~ .~ ,~ ! /:; \ AN ORI!>INANCE TO REGULATE AND RESTRICT THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUtLDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER SPACES AROUND SUCH ~ILDINGS, THE DENSITY OF POPULATION, AND THE LOCATION AND USE OF BUIW- INGS, !STRUCTURES AND LAND, FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, TO DIVIDE THE CITY OF REXBURG INTO D.ISTRICTS; PROVIDING SPECIAL REGULATIONS FOR E.4.CH DISTRICT, FIXING THE STANDARDS TO WHICH BUILDINGS OR STRUCTURES SHALL CONF; THERE. IN; PRQHI:tU:'J;ING USES, BUILDINGS OR STRUCTURES INCOMPATIBLE WITH THE C RAGTER OF~HE DISTRICTS RESPECTIVELY; PREVENTING ADDITIONS TO AND ALTE TIONS OR .ODELING OF EXISTING BUILDINGS OR STRUCTURES IN SUCH A WAY AS TOI AVOID THE RESTRICTIONS AND LIMITATIONS IMPOSED HEREUNDER, REPEALING SFX;TIQN II, ORDINANCE NO. 353 OF THE CITY OF REXBURG CREATING A BOARD OF ADJUStMENT, PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS, AND THE J4NNER IN' WHICH SUCH PROVISIONS SHALL BE ENFORCED; DECLARING BUILDINGS, LANDS' OR PREMISES IN VIOLATION OF PROVISIONS OF THIS ORDINANCE A COMMON NUISANCE AND PROVIDING FOR THE ABATD,ffiNT OF SUCH COMl~ON NUISANCE. 1# , ~ ~ 1 i S '!1 . l BE IT ORDAINED by the Mayor and City Council of the City of Rexburg, Idaho: " .t ..... SECTION I Districts "For the purppse of regulating, classifying and restricting the location of trades, in- du~tries abd enterprises, and the location of trades, industries and enterprises, and the lo~.tion of buildings designed, erected or altered for specified uses, and limiting the hie.. t and size of. such buildings, and the use of lot areas, and regulating and limiting the ;.,e, ty of population in the City of Rexburg, and preventing additions to, and alterations t~remodel of, existing buildings or structures in such a manner as to avoid the restrictions (Pana limitations ?-n this ordinance contained, the City of Rexburg is herepydivided into rive districts termed respectively as follows: "f.!. (' l :~ ilJ # "A" Residence District, "Bll Residence District, "C" Commercial District, "D" Industrial .bistrict, and "E" Unrestricted District. "~. , . .,' 1. . , . ~ , -.., .---- -..0' & '-""--'Ab' &"-+,"""J.J.'-' !I I II H il :1 ii ,[ II ii I. !I ORDINANCE NO. 390, CONT. The City of Rexburg is hereby divided into five districts aforesaid and the boundaries of such districts are shown on the map and made a part of this ordinance, being designated as the District Map and said map and all the notations, references and other things shown thereon shall be as much a part of this ordinance as if the matters and things set forth by said map were fully described herein. Except as herein provided, no building shall be erected or structurally altered to exceed in height the limit herein established for the district in which such building is located. No lQt area shall be so reduced or diminished that the yard or other open spaces shall be smaller than prescribed by this ordinance nor shall the lot area per family be reduced in any manner except in conformity with the area regulations hereby established for the district in which such building is located. No buildings shall be erected or structurally altered, nor shall any building or premises be used for any purpose other than that permitted in the district in which such building or premises is located. .) SECTION II ) ~,I' "A" RESIDT;;NG}F"Dl~RICT t.- r~ . ... '. -' ., ~ rj. .18 A. Height: No building shall exceed 40~reet or thra.e stories in height. ;;1 J . , 'r...;1 B. Location of building on lot: For the location oft he huiiddings on the lots, the front yard, side yard, etc., see Ordinance No. 358, known as Rexburg Building Code, Section 11, as amended. The stipulations therein as to lo&.ation of building on lot shall apply and this ordinance be considered in conformity therewith. U\iJ C. Rear Yard: There shall be a rear yard having a depth of not less than twenty feet where the rear lot line coincides with an alley line; otherwise tl1e.>-H~th shall b~ not less than one-half of the height of the building. ~ :,'J. D. Lot Area Per Family: Every building hereaftsr erected, structurally a Itered or maintained, shall provide a lot area of not less than four thousand feet per family.. E. Buildings Adjoining Alleys: On alleys and side roads, no building is to be placed nearer than one foot to the property line, and for garages or buildings that have doors or openings facin,.g the alley, the building must be at least ten feet from t he alley property line. F. Use: No building, structure or premi3es shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this ordincmce, except for one or more of the following uses: -< J. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ) -' 11. One-family dwellings Two-family dwellings Churches and temples Hos pitals Maternity Homes Mortuaries Libraries Schools and colleges Parks and Play Grounds Any public fire station, telephone exchange where no public business office and no repair or storage facilities are maintained, or any necessary public utility buildincs. Accessory buildings incidental to the above uses and located on the same lot (not involving the conduct of a business) including one private garage, or community garage when located not less than 70 feet from the front line of the lot, and which shall provide for not more than one motor vehicle for each 1500 square feet of the total area of the lot, and not more than one of which is a commercial vehicle. . 12. Accessory uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business; and including also, home occupations engaged in by the occupants of a dwelling, not involving the conduct of a retail business on the premises, and including the office rJF a phys~cian, dentist, musician or artist, when situated in the same dwelling used by s uchpa:rson as his, or her private dwelling; provided that no name plate exceeding eight square feet in area, pertaining to the lease, hire or sale of a building or premises, nor advertising sign or any other character shall be permitted in this district, except that, bulletin boards not exceeding 12 square feet in area may be permitted on premises occupied by churches, temples, libraries, schools, colleges and playgrounds. .'" 13. Basement houc3es shall not be permitted in "A" Residence District. "--'" 14. No gasoline or oil storage tank shall be permitted.} unless it is buried at least one foot under ground. 15. No livestock other than ordinary household pets shall be permitted in "A" Residence District. S:&:TION III ''-.- liB" RESIDENCE DISTRICT The conditions and requirements governing the height of buildings, location of buildings on the lots, the front yard, side yard, rear yard and the lot area per family shall be the Si"D1G as that required in Section II, "A" Residence District. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this ordinance except for one or more of the folloTIing uses: 1. Any use permitted in the "A" Residence District 2. Multiple dwellings ..... -- - - -, ~"'-J ... '_..0::0..""'" ~A b, I. ,~..{~_lJ Ul 6, IUUIIV OEO.D.8"'RHAItD ITA.CO., IT,LOUII ORDINANCE NO. 390, CONT. r II ,I II 3. Hotels 4. Private Clubs 5. Boarding and lodging houses 6. Bath HOUSGS 7. Nurseries and greenhouses 8. Institutions of a philanthropic nature 9. Smull grocery store, by special grant from the City Council 10. Acce'isory buildinc:s incid81t3l t8 the above USGS, and located on the s::tme lot, and not involvinG th,:') conduct of a ret~J.il business. A private or cOffir:1unity garage not having an entrance within sixty feet of the front street line, and in no case, directly off fro!'l any street, and which s hall provide for not more th3n one vehicle for each S8V'2J1 hundred squ2re feet of tho total lot area, not more than one of which is (l cOIlL'ncrc:Lc.l vehiclc;, 3Xld 'ahere no rep2ir facilities, service st.:1tion, or other bU3Lness is fJclintal.ned, may be deeIIF:3d an accessory use. 11. Either a public ::arao:e or filling' stD.tion may he established or erected in this district if, ','Then the peTI:1.l.t is :b:med, there is on file with the 3uildi!1~ Inspector, the written conS'2nt of not le~?:; ~jk,:[ a. t~'JC)-third,J miijority of the Oli'lnerS of illl the propei'ty within a di;',:,ncc oj' t.n:' hundred feet of the lot upon which the proposed establishmcnt Lto be r'oetc-Jd; pl~vidcd, that the real estate occupied by a gar.'J';8 or fillinT station within the V;,!O hundred foot disto.nce shall not count either for or aT,r~n,r;t slich consent. . SECTION IV ftC" COHMERCIAL DISTRICT In the !fcrl Co;nr.lcI'c.lal.District: a. Heig'ht: IJo restridion as to the heiGht of buildings. . " I b. Front Yard: No front yard in this district shall be required for commercial buildings, but for residential buildings the front yard regulations for ftAft Rec3idence District shall eovern. \There part of the frontaee on one side of the street between two intersection streets is located in a ftCft Commercial District, the remainder of the frontaze being in :1D ftAft or IIBII Residence District, the front yard requirements for such "All or liB" Residence District, respectively, shall govern; provided that on corner lots, such front yard requirenents shall not be applied to the frontage on the side street which is not parallel to an alley in the same block. , :1.j '() .~ ..,..~; '1 c. Rear Yard: No rear yard in this district shall be required for commercial buildings, but, for residential buildings the rear yard regulations for "All Residence District shall govern. I e. L4t area Per Family: Every maintained [for residential purposes, feet per fc.:;au.ly. , building hereafter erected, structurally altered or shall provide a lot area of not less than 2500 s~uare ,.1 .~ .d 1 I ~ ~ 1 f. Use: No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless othenvise provided in this ordinance, except for one or more of the following uses: '" 1. An;! use permitted in the ftBII Residential District 2. B~siness or professional office 3. R~ail stores 4. R~ail trades 5. WHolesale business 6. ~sement where wholly within the building 7. Aslsembly hall 8. A~tomobile r~pair garage 9. A~omobile storage 10. Bakery 11. B$k 12. Ba.:r'ber Shop 13. BSf3.uty Parlor 14. Bi~board 15. Chacken Hatchery 16. D:tiv Cleaning and Dyeing , 17. Gasoline or oil retail supply station, inclUding filling stations 18. Febd store l 19. F~d products or preparation, except such uses as are involved in the handling of ~tve animals or fowls to finished products. ~..W er softening plant 21. . dry 22. P~blic or rental library 23., )(achine shop for small tools, provided total power used is less than 7-1/2 horsepower. 24. General sheet metal working 25. Printing and bookbinding 26. Radio broadcasting station 2.7. Restaurant 28. Shoe shining or shoe repairing 29. Theatre 30. Light manufacturing in connection with uses herein permitted, provided, that not more than twenty-five per cent of the total floor space of a building or structure in this district is so used. '><'!! No business, trade or industry' shall be permitted in any of the "Crr Commerci~l Districts, which is noxious, or offensive by reason of the emission of odor, dust, smoke, gas, vibrntion or noise, or whic 1'1 impose 3 an e,;ctraordinary hazard to life 0 r property. - -J ~, ]",., ~ J, ~. 't:!'~~ 11 1" .~' < .~ " . / --.., - ._--~~~o, ..,-..........,-.Ib' 1~~11\J 1 I i I I ! Ii ORDINANCE NO. 390, CONT. SECTION V liD" INDUSTRIAL DISTRICT In "D" Industrial District: ) a. Height: No restrictions as to height of buildings. b. Front yard, rear yards, side yards and lot area for family shall have the same requirements as those in "C" Commercial Districts. (; c. Use: No buildIng, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this ordinance, except for one or more of the follo~ing U0es: /, . ./"" 1. Any use P5lrmitted in "C" Commercial District. 2. Gas storage tanks 3. Coal yards and storage 4. Grain Elevators 5. Lumber yards 6. Poultry houses, for commercial use. '1 7. No building, structure or premises shall be used, or bUllding constructed for slaughter house, incinerator or reduction of garbage, t'~ad animals, or refuse conducted as a business for payor profit. a 'Nhere .' r:t'"'1 I In general those uses which have been declared a nuisance In-any court of record, or which may be noxious or offensive by reason of the emission of, o<;lfr'i c;lq~t(1, smoke, gas or noise; provided, however, that nothing herein shall be construeq to proh.ipit the erection or maintenance of an industrial use permitted b.y this section W?icttLl;lhaM have. not more than twenty-five per cent of the floor area devoted to a prohiblted, use., wh~~h 1S clearly and customarily incidental to the primary use. .. ~. SECTION VI "E" UNRESTRICTED DISTRICT This district shall be comprised of all the property in the City of Rexburg not assigned to Districts "A", IIB", "C", and "D". There shall be no restriction on the height of buildings, nor as to the portions of the lot that may, or may not be occupied by them. Use: Buildings and premises may be used for any purpose whatsoever, provided that the proVlslons of the present, or hereafter adopted ordinances of the City of Rexburg, regulating the location or maintenance of nuisances, are complied with; and provided further, that no building or occupancy permit shall be issued for any of the following uses, until, and unless the location of such uses shall have been approved by the City Council. -) 1. Acid manufacture 2. Distillation of bones, coal or wood 3. Explosive manufacture or storage 4. Fat rendering 5. Fertilizer manufacture 6. Garbage, offal or dead animal reduction 7. Glue manufacture 8. Petroleum refining 9. Smelting of tin, copper, zink or iron ores 10. Stockyards or slaughter of animals 11. Tannery SECTION VII NON-CONFORMING USES a. The lawful use of land, existing at the time of the adoption of this ordinance, although such use does not conform to the provisions hereof, may be continued, but, if such non-conforming use is discontinued for a period of two years, any future use of said premises shall be in conformity with the provisions of this ordinance. b. The lawful use of a building existing at the time of the adoption of this ordinance may be continued although such USe does not conform with the provisions hereof, and such U3e may be extended throughout the building providing no structural alterations except those required by ordinance, are made therein. If no structural alterations are made, a non- conforming use of buildings may be changed to another non-conforming use of the same or a hi~her classification. ') If a non-conforming use of a building is discontinued for a period of two years, any future use of such structure shall be in conformity with the provisions of this ordinance. c. When a district shall hereafter be changed, any then existing non-conforming use in such changed district nklY be continued or changed to any use pennitted in the same district, as that in which the existing use is permitted, provided that all other regulations governing the new use are complied with. t 'J \ d. That this ordinance shall not apply to existing structures, nor to the existing use of any buildings, but shall apply to any alterations of a building to provide for its use for a purpose, or in any manner, different from the use to which it was put before alteration, provided that this ordinance shall not be construed to prevent the restoration of a building damaged not more than fifty per cent of its valuation, by fire, e)cplosion, act of God, or the public enemy, or prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such damage, provided that such restoration shall be begun, and diligently pursued, within one year; nor, shall the same be construed to prevent a change of such existing use under higher classifications as herein provided. ~ - - - - -] -- -.I ... '-..<.............~..b' J. ,,-,n'"AJU1S, IUUIIV QIQ.~.8MNA"D B1A.CO., IT.LOU.. . II I' ORDINANCE NO. 390, CONT. No building which has been damaged as above provided, to the extent of more than fifty per cent of this valuation, shall be rebuilt or repaired, except in conformity with the regulations contained in this ordinance. e. When the boundary line of any district divides a plot or area in ~>ingle oVll;ership at the time of the ador~tion of this ordinance nothing herein shall be con,3trued to prevent the extension of the use existing on either portion of such parcel of land for a distance of not greater than twenty-five feet.. '"' f. The City Council may authorize in a re3idence district for _ period of not more than two years from the date of sllch permit, a t-emporary buildinG' for Co-nrcerce or industr.y incidental to the residential development, provir:1ed, however, that such permit shall not be renewed. ..1 g. The City Council may grant a pe::'fait for the enlargement of an existing' buildin",' or buildings, or, erection on the same loc, or plot ofcrround, of additional buildings for trade, business or industry located in a district restricted against its use, where such enlarr;ement or expansion of frtcilities '.'Iill not be detrimental to or tend to alter, the character of the neighborhood. h. Any structure vaca at the time of the adoption of this ordinance shall be clnssified, as to use, in accordance wit~ the district in which it is located. L It shall be unla':'ful anyvlhere within the limits of the City of Rexburg to build, erect, or locate any dwell of less than two rooms or covering less than 400 square feet. j. Retail shDr-' 1TIi..y 1:J8 built in the "A" Re'3idence District and in the "B" Residence District if built :1.E 'residence style, by special permit by the City Council after a public hearin,',;-, and a sho',';in,,,; t :lat ,mch action will not cause damage and will be in accord with the general purpose of trhs ordinance and, provided, that before a permit is issued by the City Building Inspector, there shall be on file in the office of the Building Inspector the written consent of the owners of a seventy-five per cent of the area of 311 the property within a radius of 200 feet of any part of the premises upon which such retail shop is to be erected or occupied. Provided, however, that streets and alleys shall not be con- sidered a,3 part of the area herein specified, nor the property occupied by a public school, when such school has, after notice and hearing as herein set forth, failed to object to the location of said building. SECTION VIII EXCEPTION TO HEIGHT REGULATIONS a. This ordinance shall not be deemed to limit or restrict the height of belfries, chimneys, clock towers, cooling towers, elevators, bulkheads, grain elevators, pent hou<;es, stacks, water towers, ornamental towers, wireless towers or any similar appurtenances to buildings, but these structures shall be subject to such restrictions and regulations i'S may be impqsed by other ordinances. I b. C~urches, public or semi-public buildings, hospitals, schools, colleges and private clubs may Ejxceed the height restrictions of the district in which they are constructed, provided stich structures shall have side yards on both sides, complying with t he area re",ll- lations of the district, and in addition, the side yards shall be increased one foot in width for each five feet that the height of the building exceeds the height regulations of the district. .J i " c. No fence or wall exceeding four feet in height shall be constructed in an "A" or "B" Residence District on the street sides of lots. ., 1 J (. d. Nd fence or retaining wall of any height shall be constructed outside the lot boundary line. . ~l SECTION IX EXCEPTION TO AREA REQUIR~illNTS a. WHere churches, schools, hospitals or colleges are located in any "A" Residence District or "BlI Residence District and have no portion used as a place of habitation, the depth of the rear yard may be reduced to six feet. b. The front, side and rear yards shall be waived where dwellings are erected above the stores, shops or other commercial uses. c. No lot area shall at any time be so reduced or diminished that the front, rear, or . side yards shall be smaller than prescribed by this ordinance. "-. d. Evjery part of a required yard shall be open from its lowest point to the sky unobstruot~d, except for the ordinary projection of sills, belt courses, cornices,apd ornamental lfeatures; provided, that open or lattice-enclosed fire escapes, fire-proof out- side stairWays and balconies opening into fire towers, projecting into a yard not more than five feet, and the ordinary projection of chimneys and flues, bay or breast windows not over fifteen feet long and projecting not more than eighteen inches, may be permitted by the Building Inspector where the same are so placed as not to obstruct the light or ventilation. e. If a residential building is to be erected in the rear of an existing or proposed building on an inside lot, there shall be side yards provided the same as if the building were on a separate lot, and there shall be provided a front yard or open space between the rear lot line of the hous~ in front and the rear house, of not less than twenty feet; and no area shall be included twice in providing the yards for the different buildings; and no rear yard need be provided for such rear building. .':.,. ...:I.t,.~ ..' ); ORDINANCE NO. 390, CONT. f. Obstruction to view: On any corner lot in which a front yard is required by this ordinance, no wall, fence or other structure shall be erected, and no hedge, shrub, tree or other growth shall be maintained in such location beb,een such front yard line and the street line as to cause danger to traffic by obscurin~ the view. ~ SECTION X REPEALING BOARD OF ADJUSTI~ENT That Section II of Ordinance No. 353 of the City of Rexburg, Idaho, creating a Board of Adjustment be, and the same is hereby repealed. SECTION XI ) ENFORCEMENT This ordinance shall be enforced by the Building Inspector or his assistants, subject to such variations and interpretations which may be made by the City Council. Appeal from any decision of the enforcing officer may be' m~,de to the City Council as provided in this ordinance. A certificate of occupancy shall be issued by the enforcing officer, before any building or premises, or part thereof, may hereafter be created, erected, changed, or converted, vlholly or in part, in its use of structure, to the effect that such building, and use proposed therefor, conform to the provisions of this ordinance. These certificates shall be applied for and issued at the same time, or before, the Building Inspector grants a building permit for the premises. TeI'1porary certificates of occupancy may be issued for a period of not exceeding six months, during the completion of any alterations or during a partial occupancy of such build- ings. Such temporary certificate shall not be extended, nor shall it, in any way, affect the rights, duties and obligations of the owner or the Cit,'l, relative to the use or occupancy of the premises covered, or any other matter covered by this ordinance. SECTION XII CHANGES IN DISTRICTS Changes in the boundaries of any district, or part thereof, may be made by t he City Council but the following procedure shall be followed: A petition requesting such change shall first be presented to the City Council, duly signed, by the owners of thirty-five per cent or more, either of the area of the lots included within such change, or of the lots immediately adjacent in the rear thereof extending 150 feet therefrom, or of the lots directly opposite thereto, extending 105 feet from the street frontage of such opposite lots. ':J 9 Such petition shall be referred to a committee of three or more selected by the City Council, which shall make careful investigation of such proposed change, and file the report thereon within thirty days after the same has been referred. The City Council shall, there- upon cause notice to be published twice/ in the official newspaper of the City, of the time and place set for the hearing upon such report. The first publication of said notice shall be made not less than fift~en days.before the date of such hearing. At such hearing, the City Council shall hear all persons and all objections and recommendations relative to such ]Jroposed change, and thereupon action shall be taken upon such ordinance by said City Council, :-'.n<1 such action shall be final and conclusive, as to all matters and things inv,Plved in said petition; provided, however, in case of a protest ap"ainst such change signed by the owners of twenty per cent or more, either of the area of the lots included in such proposed ~hanges, or of those immediately adjacent in the rear thereof extending 150 feet therefrom, or, of those directly opposite thereof extending 150 feet from the street frontage of such opposite lots, such amendment shall not become effective except by a favorable vote of three-fourths of all the members of the City Council. .........\ Yihen such proposed amendment has been rej ected by the City Council neipher it, nor one involving only the same property, shall be offered for adoption within one year after such rejection. Changes in the regulations and restrictions in any district may be made from time to time by the City Council in the same manner as is prescribed in the preceding paragraph of this section, for making changes in the boundaries except that such action may be initiated with- out the presentation of a petition requesting it. -, SECTION XIII '.......... "- .~ PROCEDURE IN CASE OF NON-CONFOR1!ITY If, on any inspection, the condition of a building or premises, or its use or occupancy are found not to conform to the requirements of this ordinance, or the conditions of an existing certificate thereof, the Building Inspector shall at once issue written notice to the owner, specifying the manner in which the building or premises, or its use or occupancy fails to so conform, and the owner shall at once take steps to make it so conform, as directed by the Building Inspector; and if it is necessary for the proper protection of the occupants, he shall order the use of premises vacated until its condition is made satisfactory and in conformity with the requirements of this ordinance, at which time a certificate will be issued as herein provided for new buildings, or for the use of premises. ) SECTION XIV VIOLATION & P~~ALTY Any person, firm, or corroration that violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be fined not less than ten dollars ($10.00) and not more than one hundred ($100) for each offense. ~R T~-'" "~_~:",'~.""'_'"i!8..,M;'~ _'" W' - 'L -Jro. ~ ,. ,.~~"--,,,"" ~'- .. .L_.__ - - - - -] -- -., "--"''''--&0' "'-.L~~~lb' IUUIIV GED.D. BARNARD ITA. CO., at .LOUIS T ;! Ii :1 ;; ii " i' ORDINANCE NO. 390, CONT. i il i Each da,y that a violation is permitted to exist, after notification b,y the Buildin~ Inspector, shall constitute a separate offense. Any building erected, razed, converted, or land or premises used in violation of any provisions of this ordinance or the requirements thereof, is hereby declared to be a common nuisance and such Common nuisance may be abated in such manner as nuisances are now or may hereafter be abated under existinG law. SECTION XV EFFECTIVE DATE This ordinance shall take effect and be in full force from and after its passage, approval Clnd publication as required by law. Should any section, clause or provision of this ordinance be declared by the court to be invalid, the Sarle shall not c:,ffect the validity of the ordinance as a whole or any part thereof other than the part declared to be invalid. PASSED AND APPROVED this 16th day of March, 1955. ATTEST: f),Q-/,C 4 Mayo . f' b'ti1ta. 7/). R ~rf City Clerk. , ORDINANCE NO. 391 4.1 AN ORDINANCE CREATING LOCAL IMPROVnmNT DISTRICT NO. 15 IN REXBURG, IDAHO, FOR THE PURPOSE OF CONSTRUCTING AND RECONSTRUCTING CURBS AND GUTTERS; THE CONSTRUCTION OF DRAINAGE WORKS INCIDENTAL TO SAID IMPROmmNTS WITHIN SAID DISTRICT; PROVIDING FOR THE LEVY OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPRO'ffimNTS; STATI~HE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE PREPARATION OF AN ASSES ROLL; AUTHORIZING NOTICE FOR CONSTRUCTION BIDS; AND DECLARING AN E14ERGtNCY. "1 -.:',.;.; WHEREAS, on the 16th day of March, 1955, the City Council of the City of Rexburg, Madison County, Idaho, adopted a Resolution declaring the intention to construct and reconstruct curbs and gutters and the construction of drainage works incidental to said improvements, and to create improvement district No. 15 for the construction and reconstruction of said curbs and gutters and drainage works incidental to said improvements, which resolution authorized the publication and mailing of notice of intention to construct such improvements and to create such Local Improvement District, and WHEREAS, such notice was duly published and mailed as provided by law; and l ~'1 WHEREAS, in response to such published and mailed notice there were no written protests against the construction of the proposed improvements or the creation of said improvement district f~led with the City Clerk of said City or in her Office, and WHERE4S, on the 6th day of April, 1955, the City Council met at the hour of 8 o'clock P. M., for the purpose of hearing protests against the construction of said improvements, and WHEREAS, no protests were made or filed and no one appeared before the City Council to be heard with respect to the construction of said improvements or the creation of said district, and ", WHERE4S, a portion of such total cost is to be assessed upon and against the property within said District to be benefited by the construction of said improvements; and WHEREAS, all preliJninary steps and proceedings necessary for the creation of said improve- ment district and the construction of the proposed improvements therein have been duly taken and adopted; t WHEREAS, the City Engineer has made estimates of the cost of all labor and material for the construction of the proposed improvements in said District, such estimate of total cost being the sum of $12,200.00; and THEREFORE, BE IT ORDAINED BY THE Mayor and the Council of the City of Rexburg, Idaho: Section 1. That there shall be and there hereby is created a local improvement district in the City of Rexburg, Idaho, to be known and designated "Local Improv~ent District No. 15, City of Rexburg, Idaho,'t which shall include all of the lots, lands and parcels of real property within the boundaries of said District. Section 2. Said District is within the City of Rexburg, Idaho, and is more particularly described as follows: . :';1'