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HomeMy Public PortalAboutORD 182-05-14_Flag Lot Ordinance_08192014ORDINANCE NO. 1$2-05-14 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF IONA, IDAHO, AS CONTAINED IN CHAPTER 1, TITLE 10 OF THE IONA CITY CODE; DEFINING THE TERM "RIGHT- OF-WAY"; MODIFYING SECTION 10-1-4 OF THE IONA CITY CODE RELATING TO PLATTING; MODIFYING SECTION 10- 1-7 OF THE IONA CITY CODE RELATING TO REQUIRED FRONTAGE ON A PUBLIC STREET; UPDATING APPEAL PROVISIONS IN SECTION 10-1-17; ADDING PROVISIONS TO CHAPTER 11, TITLE 11 OF THE ZONING ORDINANCE, ALLOWING FOR PRIVATE ACCESS ROADS TO PUBLIC STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 10-1-3 of the Iona City Code: Section 10-1- 3 of the Iona City Code is hereby amended as follows: 10-1-3: DEFINITIONS: ALLEY: AGRICULTURAL LAND: AMENDED PLAT: A public way designed to serve as secondary access to the side or rear of lots having principal access on some other street. Land used strictly for the cultivation of crops or for animal husbandry and which is held in tracts or parcels no smaller than ten (10) acres in area. A change in the plat of an approved or recorded subdivision that affects the layout of any street or area reserved for public use, or creates any additional lots. ANNEXATION A legal document or contract between the subdivider or AGREEMENT: developer and the City that sets forth the rights, duties, and obligations of all parties regarding each specific subdivision or development. BLOCK: A tract of land bounded by streets, alleys, parks, cemeteries, rights of way or other public boundary lines. BUILDING: Any structure built for the protection, shelter, or enclosure of persons, animals, chattels, or property of any kind. BUILDING SITE: An area upon which the developer proposes to erect or construct a building or make improvements to render the property suitable for the erection of a building, together with the surrounding land which is intended to be used in conjunction with such building or improvements. CITY: The City of lona. CITY ENGINEER: The City Engineer duly appointed by the Council. COMMISSION: The Planning and Zoning Commission of the City as it presently exists or as may be adopted or amended hereafter. COMPREHENSIVE The Comprehensive Plan of the City. PLAN: CUL-DE-SAC: DEDICATION: DEVELOPER: EASEMENT: FRONTAGE: GRADE: IMPROVEMENT: INDIVIDUAL SEWAGE DISPOSAL SYSTEM: A local street with only one outlet and having a safe and convenient circuit for traffic reversal. The setting apart, acceptance and confirmation by the City Council of land or an interest in land for use by the public. A person who subdivides or proposes to subdivide land, whether as an owner or an agent of an owner. The use of a designated part of property, authorized by the owner, for another, in perpetuity. That side of a lot abutting on a street from which primary pedestrian access to public streets and sidewalks is made. The slope of a road or street expressed as a percentage amount. Any alteration to, or construction upon real property, which increases the value or utility of the land. A septic tank, seepage tile sewage disposal system, or any other sewage treatment device not connected or intended to serve more than one building, or connected to any other public or private sewage system. -2- LOT: A tract, plot, or portion of a subdivision or other parcel of land of sufficient dimension and area to meet the zoning requirements for lot size. LOT, CORNER: A lot situated at the intersection of two (2) streets. MODEL HOME: A dwelling unit used for display purposes which typifies the kind of units to be constructed in a subdivision. OPEN SPACE: An area open to the sky that is exclusive of streets, buildings, or other covered structures. OWNER: Any person, group of persons, partnership, association trust, corporation or other legal entity having legal title to, or an interest in, the land proposed to be subdivided. PLAT, FINAL: The final drawing of the subdivision, including all dedication and acknowledgments thereon, which conforms to the provisions of this chapter. PLAT, PRELIMINARY: The preliminary drawing or drawings, indicating the proposed manner or layout of the subdivision, including but not limited to, street layout and design, lots, blocks and proposed zoning. PLAT, SKETCH: A sketch prior to the preparation of a preliminary plat, or final plat in the case of a short subdivision, with no dedication, used for the purpose of generally discussing the proposed subdivision and any applicable requirements. PUBLIC IMPROVEMENT: PUBLIC WAY: RE -SUBDIVISION REPLAT: Any drainage system, road, curb, sidewalk, off-street parking area, sewer or water system or any other facility for which the City may assume responsibility, or which may affect improvements which are presently the responsibility of the City. A right-of-way for use of motor vehicles that has been dedicated to the public for public use and accepted by the City Council. Public dedication and acceptance shall be evidenced by a plat approved by the City Council in accordance with the provisions of this Chapter or by a public dedication accompanied by a written resolution of the City Council accepting such dedication. A change in the plat of an approved or recorded subdivision OR that affects the layout of any street or area reserved for public use, or which creates any additional lots. -3- RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, sidewalk, railroad, public utility, or other similar public use. SALE OR LEASE: Any immediate or future transfer of ownership or any reversionary interest in land, including a contract of sale, whether by deed, contract, plat or other agreement. SETBACK: The required distance between a building and a property line. STREET: The entire width between the boundary lines of a public way. STREET, DEAD-END: A street or portion thereof, with only one point of ingress and egress. SUBDIVISION: The division of land into five (5) or more lots, for the purpose of sale, lease or development, including any re -subdivision of land. SUBDIVISION POLICY: The procedures and policies for administering and processing a subdivision application, as may be adopted by ordinance or resolution of the City Council, which policy implements the provisions of this chapter. VARIANCE: A modification of the strict application of this chapter. Section 2. Amendment of Section 10-1-4 of the Iona City Code: Section 10-1- 4 of the lona City Code is hereby amended as follows: 10-1-4: PLATTING: (A) Platting Required: No person shall subdivide or re -subdivide any piece, parcel or tract of land, situated within the City or within one mile outside the City limits, or sell, lease or convey any subdivision or portion thereof, within said area, without first filing a plat approved by the City in conformity with the requirements of this chapter. Notwithstanding the foregoing, any plat situated within an officially designated area of City impact as provided for in Section 67-6526, Idaho Code, shall be subject to the terms and provisions of any area of the City impact agreement between the City and Bonneville County. (B) Exclusions: Platting shall not be required for: 1. A bona fide sale, division or partition of land intended strictly for use thereafter as agricultural land. The intent to construct, as evidenced by a request fora building permit, a residence, apartment commercial or industrial -4- building or other nonagricultural building or buildings upon such tract of land, shall be deemed sufficient evidence that the land described in the application for a building permit is no longer agricultural and shall immediately subject such land to the requirements of this Chapter. 2. An allocation of land in settlement of an estate of a decedent or a court decree for the distribution of property. 3. An involuntary sale of land as result of legal condemnation as defined and allowed in the Idaho Code. 4. A widening of existing streets to conform to the comprehensive plan or by authority of the City. 5. The acquisition of the street right of way by a public agency in conformity with the comprehensive plan. 6. An exchange of land for the sole purpose of straightening property boundaries or enlarging any existing lot, and which does not create additional lots. (C) Amended Plat, Re -subdivision or Replat: Whenever a developer proposes to re - subdivide, replat, or amend the plat of an approved or recorded subdivision, the developer shall file a new application for a subdivision and such application shall be processed in the manner set forth in Section 10-1-13s 10-1-14 through 10-1-16 of this chapter. (D) Plat Specifications: All final plats shall comply with Idaho Code Section 50-1304, and such other regulations established by the City Engineer which are reasonably necessary to assure legibility, permanency, clarity, reproducibility, accuracy, uniformity and neatness of the plat. The map drawings shall be at a scale of one inch equals one hundred feet (1" = 100'). The plat shall also contain such information as is necessary to determine compliance with the provisions of this chapter. The City Engineer shall, upon request, make available a written copy of all such regulations. Section 3. Amendment of Section 10-1-7 of the lona City Code: Section 10-1- 7 of the lona City Code is hereby amended as follows: 10-1-7: LOT IMPROVEMENTS: (A) All lots shall be arranged so that all lots meet all qualifications necessary to secure a building permit. -5- (B) Lot dimensions shall conform to the minimum standards in the Zoning Ordinance. All lots shall have at least eighty-five feet (85') of frontage upon a dedicated street. Frontage for lots located on a cul-de-sac shall be measured at the front set -back line. (C) All lots shall have full frontage on, and access to, a dedicated street or alley or shall have access to a dedicated street through a private access road approved in accordance with the provisions of section 11-11-26 of this Code. (D) Adequate provisions shall be made for soil preservation, drainage patterns, and debris and waste disposal and collection. (E) Side lines of lots shall be at, or near, right angles or radial to the street lines. All corner lots shall have a minimum radius of twenty feet (20') on the property line. (F) All property within the subdivision shall be included within a lot or area dedicated for public use. (G) All residentially zoned corner lots shall be a minimum of ten percent (10%) larger in area than the average area of all similarly zoned lots in the plat or subdivision under consideration, unless such average lot area is greater than 25,000 square feet. If less than ten (10) such lots are shown in the subdivision or plat under consideration, then the City Engineer may use other plats or subdivisions within the surrounding area to calculate the average area of all similarly zoned lots within the vicinity of the property under consideration. Section 4. Amendment of Section 10-1-17 of the lona City Code±_ Section 10- 1-17 of the lona City Code is hereby amended as follows: 10-1-17: ADMINISTRATION: (A) City Engineer: The City Engineer shall administer the terms and provisions of this chapter and receive and process all subdivision applications. (B) Subdivision Policy: The City Engineer may adopt a subdivision policy to more specifically implement the terms and provisions of this chapter, provided, however, such subdivision policy shall be consistent with the express provisions and intent of this chapter. All applications for approval of a subdivision shall comply with the terms and provisions of the subdivision policy. (C) Variances: The City Council may; grant a variance to the terms and provisions of this chapter. A variance may be granted only upon an express finding that all of the following conditions exist: -6- 1. There are special circumstances or conditions affecting the property such that a strict application of this chapter would clearly be impracticable or unreasonable. 2. Strict compliance with this chapter would result in extraordinary hardship, as distinguished from mere inconvenience, to the developer because of the particular physical surroundings, shape, or unusual topography of the developer's property, and will substantially preclude development of the property. 3. The circumstances for which the variance is sought are unique to the property and are not applicable to other properties similarly situated. — 4. The variance is the least deviation from this chapter necessary to mitigate the hardship. 5. The granting of the variance will not be substantially detrimental to the public safety, health, welfare or will not substantially injure other property adjoining the property for which the variance is sought. 6. The variance is not otherwise contrary to law. 7. The conditions necessitating the variance were not caused by or in any way arise from the actions of the developer. (D) Appeals. Any applicant denied a permit or aggrieved by a decision, may, within sixty twenty-eight(6928) days after all remedies have been exhausted under this chapter, seek judicial review pursuant to the procedures set forth in Section 6-- 5215(b) through (g)67-6513 and Section 67-521 G67-6521, Idaho Code. Section 5. Adoption of Section 11-11-26 of the lona City Code. A new section 11-11-26 of the lona City Code is hereby adopted as follows: 11-11-26: PRIVATE ACCESS ROADS: (A) Notwithstanding the provisions of section 10-1-7(C) of this Code, lots located within any residential zone may derive access to a public street through a private access road, provided a permit is first obtained from the City Council in accordance with the provisions of this subsection. (B) Permits shall be granted only upon the following conditions: 1. Such access easement shall not be less than twenty feet (20') in width. -7- 2. The surface of the access road shall not be less than twenty feet (20') in width throughout the entire length of such road and shall be comprised of a graveled surface containing not less than four inches (4") of crushed three- quarter inch (3/4") aggregate gravel or a paved surface comprised of not less than two inches (2") of asphalt over four inches (4") of three-quarter inch (3/4") crushed gravel. 3. The applicant shall construct and post at the entrance of such private access road to a public street a clearly visible sign containing letters not less than two inches (2") in height, reflecting the street address of such residence. Such sign shall also contain the words "Parking on Private Roadway Not Allowed." The applicant shall also keep such sign in a good state of repair. 4. Private gates shall not be permitted or constructed across such private access road at any time. 5. The location and distance of the lot served by such private access road shall comply with all fire codes and public safety codes, relative to the nearest distance to a fire hydrant. (C) The applicant or owner of such lot shall at all times keep and maintain the surface of such private access road in good and passable condition, including keeping the roadway plowed and free of obstruction from snow and ice. Failure to maintain the road or sign in such condition or failure to fully comply with the terms and conditions of such permit, shall be deemed an infraction under this Code. Section 6. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text. Section 7. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 8. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow -8- the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 9. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this ( day of , 2014. ATTEST: Juli- ammond Cis Clerk ,(SEAL) -9- (/04- iSraid."//' dersen Robyn Walker Acting Mayor STATE OF IDAHO ) )ss. County of Bonneville ) I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF IONA, IDAHO, AS CONTAINED IN CHAPTER 1, TITLE 10 OF THE IONA CITY CODE; DEFINING THE TERM "RIGHT-OF- WAY"; MODIFYING SECTION 10-1-4 OF THE IONA CITY CODE RELATING TO PLATTING; MODIFYING SECTION 10-1-7 OF THE IONA CITY CODE RELATING TO REQUIRED FRONTAGE ON A PUBLIC STREET; UPDATING APPEAL PROVISIONS IN SECTION 10-1-17; ADDING PROVISIONS TO CHAPTER 11, TITLE 11 OF THE ZONING ORDINANCE, ALLOWING FOR PRIVATE ACCESS ROADS TO PUBLIC STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Ju ' - Hammond ity Clerk G:\W PDATA\DWS\2708 City of Iona\ORD\2014\Subdivision.ORD.cmp.2v1.wpd:sm -10- CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of June 11, 2014 at 6:30 p.m. at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider amending the Subdivision Ordinance of the City of Iona, Idaho, as contained in Chapter 1, Title 10 of the Iona City Code; defining the term "Right -of -Way"; modifying Section 10-1-4 of the Iona City Code relating to platting; modifying Section 10-1-7 of the Iona City Code relating to required frontage on a public street; updating appeal provisions in Section 10-1-17; adding provisions to Chapter 11, Title 11 of the Zoning Ordinance, allowing for private access roads to public streets. A second public hearing is scheduled for the evening of June 24, 2014 at 7:15 p.m. at the Community Center with the City Council for final review Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Published: May 27, 2014 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 May 27, 2014 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING NOTICE Published 1 Days between 05/27/2014 and 05/27/2014 Please refer to Ad #: 654025 Total Cost: $32.78 (208) 522-1800 Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Staci @ extension 1164. THANK YOU! Proof of Publication The Post Register State of Idaho Bonneville County: 1, Hilary —Witt- or Staci Dockery, first being duly sworn, depose and say: That I am the Cl r or Legal Notice Representative of the Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, publishers of The Post Register, a newspaper of general circulation, published Tuesday through Sunday at Idaho Falls, Idaho; said Post Register being a consolidation of the Idaho Falls Times, established in the year 1890, The Idaho Register, established in the year 1880, and the Idaho Falls Post, established in 1903, such consolidation being made on the First day of November 1931, and each of said newspapers have been published continuously and uniterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidations up to and including the last publication of notice hereinafter referred to. That the notice, of which a copy is hereto attached and made a part of this affidavit, was published in said Post Register under this ad number: 654025, for 1 consecutive (days) weeks, between 05/27/2014 and 05/27/2014, and that the said notice was published in the regular ann entire issue of said paper on the respective dates of publication, and that such notice in a supplement. ublished in the wspaper and not Subscribe fore me, this 27 day of May 2014 TAR y t� PUBLIC' F`O`W�. STATE OF IDAHO �-e Se:eA2( attached jurat ss_ Notary Public My Commission expires: COUNTY OF BONNEVILLE Subscribed and swom to before me, this 27 day of May 2014, before me, the undersigned, a Notary public for said state, personally appeared Hilary Witt-or•Staci Dockery, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and being by me duly sworn, declared that the statements therein are true, and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF, I have herunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 1•443,2t15 ij-ai—'Z©/% CITY OF IONA PUBUC HEARING NOTICE The City of lona's Planning & Zoning Commission has scheduled a public hearing on the evening of June 11, 2014 at 6:30 p.m. at the lona Community Center, which is located at 3548 North Main Street, lona, Idaho. The purpose of the hearing is to consider amending the Subdivision Ordinance of the Cityof lona, Idaho, as contained in Chapter 1, Title 10 ofthelona City Code; defining the term "Right -of -Way"; modifying Section 10-1-4 of the lona City Code relating to platting; modifying Section 10-1-7 of the lona City Code relating to required frontage on a public street; updating appeal provisions in Section 10-1-17; adding provisions to Chapter 11, Title 11 of the Zoning Ordinance, allowing for private access roads to public streets. A second public hearing is scheduled for the evening of June 24, 2014 at 7:15 p.m. at the Community Center with the City Council for final review. Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Published: May 27, 2014 (654025)