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Home My Public Portal AboutORD 174-05-13_Recreation Vehicles For Human Habitation on Residence_08202013174-05-13 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO, PROHIBITING THE PERMANENT OCCUPANCY OR USE OF RECREATIONAL VEHICLES FOR HUMAN HABITATION UPON RESIDENTIAL LOTS LOCATED 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 11-11-24, Iona City Code. A new section 11-11-24 of the Iona City Code is hereby adopted as follows: 11-11-24: EXTENDED USE OF RECREATIONAL VEHICLES FOR HUMAN HABITATION PROHIBITED IN RESIDENTIAL ZONES. (A) For the purposes of this section, a "Recreational Vehicle" shall mean a vehicle primarily designed for use as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Such vehicles include, but are not limited to travel trailers, camping trailers, truck campers, fifth -wheel trailers and motor homes. (1) "Camping trailer" means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use. (2) "Fifth wheel trailer" means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permit(s), of gross trailer area not to exceed four hundred (400) square feet in the set- up mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. (3) "Motor home" means a vehicular unit designed to provide temporary living quarters for recreational, camping or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the completed vehicle. (4) "Travel trailer" means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of "Exhibit C" (5) such size or weight as not to require special highway movement permits when towed by a motorized vehicle, and of gross trailer area less than three hundred twenty (320) square feet. "Truck camper" means a portable unit constructed to provide temporary living quarters for recreational, camping or travel use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck. (B) It shall be unlawful for any person to use, occupy or permit the use of any Recreational Vehicle for the purposes of human habitation upon any lot located within a residential zone within the City for more than thirty (30) days within any period of six (6) consecutive months. (C) Notwithstanding the foregoing, upon request by the owner of any lot located within a residential zone, the City Council may grant or authorize a permit for any person to undertake such use or occupation for a period of time greater than allowed by subsection B hereof, provided the applicant can demonstrate exceptional hardship not cause or created by the applicant or a member of his or her household. Such permit shall be for a finite period of time or until such hardship ceases to exist, whichever is shorter. The Council may also impose reasonable conditions upon such permit in order to minimize impact of the permit upon adjoining property owners. 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 on its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this,/ day of , 2013. 2 Brad Andersen Mayor Julie Hammond City Clerk (SEAL) STATE OF IDAHO 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 PERMANENT OCCUPANCY OR USE OF RECREATIONAL VEHICLES FOR HUMAN HABITATION UPON RESIDENTIAL LOTS LOCATED WITHIN THE CITY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Julie - mmond City lerk G:\W PDATA\DWS\2708 City of Iona\ORD\Recreational Vehides.ORD.v3.wpd:sm 3 CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of July 10, 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 permanent occupancy or use of recreational vehicles for human habitation upon residential lots located within the city. A second public hearing is scheduled for the evening of July 16, 2013 at 7:15 pm 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: June 21, 2013 333 Northgate Mile CITY OF IONA PO BOX 487 Post Register t Idaho Falls, ID 83401 June 21, 2013 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING JULY 10.2013 Published 1 Days between 06/21/2013 and 06/21/2013 Please refer to Ad #: 572498 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, Hilary Witt or Staci Dockery, first being duly sworn, depose and say: That I am the Cl�anager 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: 572498, for 1 consecutive (days) weeks, between 06/21/2013 and 06/21/2013, and that the said notice was published in the regular and ntire issue of said paper on the respective dates of publication, and that such notice wpublished in the newspaper and not in a supplement. j Subscribed and sworn to before me, this 21 day of June 2013 ••\`gPRA E• N O TA ' 1`�31% f�.0-5) •RYzcf)_ '°ve L I c s,E *:0attached jurat �/IJllil�it�t�,��`�° — STATE OF IDAHO SS. COUNTY OF BONNEVILLE 2) •L Notary Public My Commission expires: 5/9/2019 Subscribed and sworn to before me, this 21 day of June 2013, before me, the undersigned, a Notary public for said state, personally appeared IIilary Witt 01* 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. tuuir/1r •-. <4 2KM. /C_Of-z 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 evenmTg of July 10, 2013 at 6:30 pm at the lona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider prohibiting the permanent occupancy or use of recreational vehicles for human habitation upon residential lots located within the city. A second public hearing is scheduled for the evening of ,July 16, 2013 at 7:15 pm 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: June 21, 2013 (572498) CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Council has scheduled a Public Hearing on the evening of August 20, 2013 at the Iona Community Center, which is located at 3548 N Main St, Iona, ID. The purpose of the hearing is to consider prohibiting the permanent occupancy or use of recreational vehicles for human habitation upon residential lots located within the city. 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: July 31, 2013 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 July 31, 2013 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING/RECREATIONAL VEHICLES Published 1 Days between 07/31/2013 and 07/31/2013 Please refer to Ad #: 582939 Total Cost: $25.65 (208) 522-1800 Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Staci @ extension 1164. THANK YOU!