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HomeMy Public PortalAboutORD 178-01-14_Inoperative or Unregistered Motor Vehicles_01212014Instrument # 1479937 IDAHO FALLS, BONNEVILLE, IDAHO 0-22-2014 01:011:07 No. of Pages: 4 Rfor : CITY IONA RONALD ONALDCITYLONGMORE Fee: 0.00jiL) Ex-O ficio Recorder Deputy Index to: ORDINANCE ORDINANCE NO. 178-01-14 AN ORDINANCE OF THE CITY OF IONA, IDAHO; PROHIBITING THE PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES IN, THE FRONT YARD OR SIDE YARD OF ANY LOT LOCATED WITHIN A RESIDENTIAL ZONE WITHIN THE CITY; 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. Adoption of New Section 11-11-25, City Code: A new section 11-11-25 of the Iona City Code Is hereby adopted as follows: 11-11-25: PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES PROHIBITED IN FRONT AND SIDE YARD RESIDENTIAL LOTS: (A) Definitions: For the purposes of this Section, the following terms shall be defined as follows: Driveway: Inoperative Vehicle: A regularly traveled way used for parking and movement of motor vehicles between a public street and an attached or unattached garage or carport serving a main building located upon a Lot, or if there is no garage or car port, then a paved, concrete or gravel surface upon a Lot, which surface is regularly used for parking of motor vehicles owned or operated by the occupants of the residence. Any Motor Vehicle, which in its current state is not capable of being used as a means of transportation, whether due to broken, defective or missing parts, including missing or flat tires, missing doors, missing or badly damaged windshields or broken or defective parts essential for movement. Lot A platted or unplatted parcel of real property Motor Vehicle: Open Space: Recreational Vehicle: Unregistered Vehicle: Yard: Yard, Front: Yard, Rear: Yard, Side: located within a residential zone within the City. Every self-propelled device in, upon, or by which any person or property is or may be transported or drawn upon a highway. The term "Motor Vehicle" does not include Recreational Vehicles, riding lawn mowers, garden tractors or vehicles moved solely by human power, electrical personal assistive mobility devices and motorized wheel chairs or other such vehicles that are specifically exempt from titling or registration requirements under Title 49, Idaho Code. Any area on a Lot which is vacant or not occupied by a residential building or accessory building. Such term shall have the same meaning as ascribed in section 11-11-24(A) of this Title. Any Motor Vehicle which is not currently registered under Title 49, Chapter 4, Idaho Code or any Motor Vehicle which does not bear current license plates or decals issued by the State of Idaho or any other State or is not currently registered in such other State. An open space on a Lot upon which there is a principal building or group or buildings, which space is unoccupied by a building or structure used for human habitation or accessory use. A Yard lying between the front Lot line and the nearest foundation line of the main building and extending across the full width of the Lot. A Yard lying between the rear Lot line and the nearest foundation line of the main building and extending across the full width of the Lot. In the case of a corner Lot where the building fronts on a side street, the Rear Yard may be established from the rear of the house to the side property line. A Yard lying between the sides of the main building and the side line of the Lot and located between the Front Yard and the Rear Yard of the Lot. -2- (B) Storage of Inoperative or Unregistered Motor Vehicles in Front or Side Yards: Except as set forth below, it shall be unlawful for any person to park, store or allow the parking or storage of any Inoperative or Unregistered Motor Vehicle i) within the Front Yard of any Lot, or ii) within any Side Yard facing a public street, unless such vehicle is parked upon a Driveway. (C) It shall also be unlawful for any person to park, store or allow the parking or storage of more than one (1) Inoperative or Unregistered Motor Vehicle within or upon the Driveway of any Lot within the City. ws, =l,y=ai .Fea Ln act,' ithin a front Yard or Side Yard, or the parking or storage such venicie to a unveway. a Section 2. 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 3. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVEDBYTHE MAYOR this/ day of Novem r /r2,zZ-1y 201320 ATTEST: Julie ammond Ci Clerk ( EAL) 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; PROHIBITING THE PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES WITHOUT A PERMIT IN THE FRONT YARD OR SIDE YARD OF ANY LOT LOCATED WITHIN A RESIDENTIAL ZONE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Julie ammond Cit. Clerk G:\WPDATA\DWS2708 City of Iona\ORD\2013Wbandoned Vehicle.ORD.cmp5v4.wpd:sm -4- As,_ 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 October 29, 2013 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING/MOTOR VEHICLES Published 1 Days between 10/29/2013 and 10/29/2013 Please refer to Ad #: 606674 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: I, i aF1'1" ry.1ViFt or Staci Dockery, first being duly sworn, depose and say: That I am the ClassifrecisIVIdnager 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: 606674, for 1 consecutive (days) weeks, between 10/29/2013 and 10/29/2013, and that the said notice was published in the regular and a ire issue of said paper on the respective dates of publication, and that such notice wa lished in the news per any not in a supplement. Subscribed and sworn to before me, this 29 day of October 2013 A E. _ 4Z),• NO TA .•�= - - a/70 - a e, Ry Notary Public • P UBLIC . 0EI'IQ`p%.,•`° attached jurat STATE OF IDAHO SS. -COUNTY OF BONNEVILLE My Commission expires: 5/9/2019 Subscribed and sworn to before me, this 29 day of October 2013, 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. `vituuiuu/1/�� `PFtA E. h'o'�.,��% • NO TAR. pUBLIC I;= •....... ••Ix° .,//,IFOF `OSP```�.� Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 5/9/2019 CITY OF IONA PUBLIC HEARING NOTICE The City of lona's Planning & Zoning Commission has scheduled a public hearing on the evening of November 13, 2013 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 prohibiting the parking of inoperative or unregistered motor vehicles in the front yard or side yard of any lot located within a residential zone within the City. A second public hearing is scheduled for the evening of November 19, 2013 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: October 29, 2013 (606674) CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of November 13, 2013 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 prohibiting the parking of inoperative or unregistered motor vehicles in the front yard or side yard of any lot located within a residential zone within the City. A second public hearing is scheduled for the evening of November 19, 2013 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: October 29, 2013 CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of October 9, 2013 at 6:30 pm at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider prohibiting the parking of inoperative or unregistered motor vehicles without a permit in the front yard or side yard of any lot located within a residential zone within the City. A second public hearing is scheduled for the evening of October 15, 2013 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: September 24, 2013 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 September 24, 2013 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING NOTICE Published 1 Days between 09/24/2013 and 09/24/2013 Please refer to Ad #: 597447 Total Cost: $31.35 (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, Ifiy With or Staci Dockery, first being duly sworn, depose and say: That I am the Classif ger 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: 597447, for 1 consecutive (days) weeks, between 09/24/2013 and-09/2412013, and that the said notice was published in the regular and entire issue of said paper on the respective dates of publication, and that such notice w published in the naper and not in a supplement. p Subscribed and sworn to before me, this 24 day of September 2013 `````„0PuIA uUp 4V4 T,q� � A �= ,t5••. LeC I C ,y •: �-6DAHO �.e- — attached jurat -Z Ck- 1194C/7 /2/ Notary Public STATE OF IDAHO COUNTY OF BONNEVILLE ss. My Commission expires: 5/9/2019 Subscribed and sworn to before me, this 24 day of September 2013, 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. '.JCL Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 5/9/2019 z)40%/5 CITY OF IONA PUBLIC HEARING NOTICE The City of lona's Planning & Zoning Commission has scheduled a public hearing on the eve�li lrrg oTbctober 9, 2013 at 6:30 pm at the Iona Community Center, which is located at 3948 North Main Street, Iona, Idaho. The purpose'of the hearing is to consider prohibiting the parking of inoperative or unregistered motor vehicles without a permit in the front yard or side yard'of any lot located within a residential zone within the City. A second public hearing is scheduled for the evening of October 15, 2013 at the Communty 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: September 24, 2013 (59744n