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Home My Public Portal AboutORD 179-02-14_Basement Occupancies_04152014ORDINANCE NO. 179-02-14 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING CHAPTER 4 OF TITLE 11 OF THE IONA ZONING ORDINANCE; AUTHORIZING BASEMENT RESIDENTIAL OCCUPANCIES IN EXISTING RESIDENTIAL STRUCTURES IN THE R-1 ZONE; ESTABLISHING 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 11-4-3 of the Iona City code: Section 11-4-3 of the Iona City Code Is amended as follows: 11-4-3: CONDITIONAL USES: (A) The City may, after notice and public hearing pursuant to Chapter 8 of this Title, permit the uses specified below, where such uses are deemed essential or desirable to the public convenience or welfare. On all conditional use permit applications, the City shall have the discretion to require an impact statement to assess the impact of the proposed conditional use upon surrounding properties and upon city services and infrastructure. The City may impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood and city services or infrastructure from damage, hazard, nuisance or other detriment. (B) The following conditional uses are permitted in the R-1 zone: 1. Churches. 2. Public facilities such as schools, parks and playgrounds, utility facilities and other municipal uses. 3. Temporary buildings for construction purposes fora period not to exceed one (1) year. 4. Manufactured homes as defined in Idaho Code § 39-4105(8), meeting the placement standards set forth in section 11-11-21 of this Code. 5. Nursery school or Day Care facilities. 6. Cemeteries. 7. Greenhouses. 8. Residential occupancies located in the basement of an existing residential structure, provided the following conditions are met: a. The basement occupancy has a kitchen, bathroom and bathing and sleeping facilities separate from the main floor occupancy. b. The basement occupancy has no more than two bedrooms. c. The residential lot has off-street vehicular parking facilities for at least three (3) motor vehicles. d. The basement dwelling is fully compliant with the International Building Code for residential occupancies, as the same currently exists or as may be amended hereafter. e. No home occupation is conducted within the main floor or basement dwelling. f. The basement occupancy has a water service line separate and independent from the water service line for the main floor occupancy. Section 2. 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 3. 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. -2- Section 4. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED Y THE COUNCIL AND APPROVED BY THE MAYOR this /r day of , 2014. ATTEST: Julie ' ammond Ci Clerk r / Brad Andersen Mayor -3- 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 CHAPTER 4 OF TITLE 11 OF THE IONA ZONING ORDINANCE; AUTHORIZING BASEMENT RESIDENTIAL OCCUPANCIES IN EXISTING RESIDENTIAL STRUCTURES IN THE R-1 ZONE; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Julie ammond Cit Clerk G:\WPDATA\DWS\2708 City of Iona\ORD\2013\Residential Occupancy.ORD.cmp.4v1.wpd:sm -4- CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of January 8, 2014 at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider authorizing basement residential occupancies in existing residential structures in the R-1 Zone. A second public hearing is scheduled for the evening of January 21, 2014 at the Community Center with the City Council for final review. Written comments will be accepted up to three 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: December 20, 2013 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 February 03, 2014 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING -BASEMENT OCCUP. Published 1 Days between 02/02/2014 and 02/02/2014 Please refer to Ad #: 627068 Total Cost: $19.95 (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: I, Ritary Witt or Staci Dockery, first being duly sworn, depose and say: That I am the Classif►eds'PvIaiager 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: 627068, for 1 consecutive (days) weeks, between 02/02/2014 and 02/02/2014, and that the said notice was published in the regular and entire issue of said paper on the respective dates of publication, and that suc notice s published in the ne,spaper and not in a supplement. Subscribed, and sworn to before me, this 03 day of February 2014 LaiZee. Notary Public My Commission expires: l-N 5- i/ /U`o�e) �7 — — — - attached jurat — — — — — STATE OF IDAHO COUNTY OF BONNEVILLE Subscribed and swom to before me, this 03 day of February 2014, before me, the undersigned, a Notary public for said state, personally appeared ltih er-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, 11•1 WITNESS WHEREOF, I have herunto set my hand and affixed my official seal the day and year in this certificate first above written. SS. Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 1440k26i5 - / l - "(5? 0 �? CITY OF IONA NTICE The City of lona's C unciilllNG h has scheduled a Public Hearing on the evening of February 18, 2014 at the Iona Community Center, which is located at 3548 N Main St, Iona, ID. The purpose of the hearing is to consider authorizing basement residential occupancies In existing residential structures in the R-1 Zone. 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 shed:OfficDecember the 0t201meeting bruary at E�2014 (627068) CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Council has scheduled a Public Hearing on the evening of February 18, 2014 at the Iona Community Center, which is located at 3548 N Main St, Iona, ID. The purpose of the hearing is to consider authorizing basement residential occupancies in existing residential structures in the R-1 Zone. 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: December 20, 2013 & February 2, 2014 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 December 20, 2013 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING/COND. USES Published 1 Days between 12/20/2013 and 12/20/2013 Please refer to Ad #: 618252 Total Cost: $22.80 (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 County of Bonneville I, N;la�---' —Wit of Staci Dockery first being duly sworn, depose and say: That I am the -E- ficd-- Manager-;-er 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 6 days, Tuesday -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 uninterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidation, 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 for 1 consecutive (days) weeks, first publication having been made on the 20th day of DECEMBER _2013last publication having been made on the_20th day of DEEMBER 2013, and that the said notice was published in the regular and entire issue of said paper on th ective dates of :ublication, and that such notice was published in the newspaper and not in a supple Subscribed and sworn to before me, this 20th day of DECEMBER 2013 JILd a , ok) Notary Public My commission expires: attached jUrat STATE OF IDAHO SS. COUNTY OF BONNEVILLE On this 20th day of DECEMBER 2013, before me, the undersigned, a Notary public for said state, personally appeared H0afy-Witter 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 first 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 hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /Jai./xwa _s Notary Public for The Post Company Residing: Idaho Falls, Idaho Commission expires: _5/9/.4/5! CITY OF IONA PUBLIC HEARING NOTICE The City of lona's Planning & Zoning Commission has scheduled a public hearing on the evening of January 8, 2014 at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider authorizing basement residential occupancies in existing residential structures in the R-1 Zone. A second public hearing is scheduled for the evening of January 21, 2014 at the Community Center with the City Council for final review. Written comments will be accepted.up tothreedays- 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: December 20, 2013 (618252)