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HomeMy Public PortalAboutORD 170-01-13_Title 11 Zoning_01152013ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING TITLE 11 OF THE CITY CODE, COMPRISING THE ZONING ORDINANCE OF THE CITY; PROHIBITING ALL USES WITHIN THE CITY EXCEPT THOSE EXPRESSLY PERMITTED BY THE ZONING ORDINANCE; REPEALING AND RE-ENACTING CHAPTERS 2 THROUGH 7 INCLUSIVE OF SAID TITLE; AMENDING PORTIONS OF CHAPTER 11 OF SAID TITLE; PRESERVING PRIOR ORDINANCE; 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. Enactment of Section 11-1-9, Iona City Code. Section 11-1-9 of the City Code of Iona, Idaho, is hereby enacted as follows: 11-1-9: USES PROHIBITED EXCEPT AS ALLOWED BY THE ZONING ORDINANCE. All uses of every kind, name or nature of property within the City are prohibited, except as expressly allowed within a zone established under this Title. Section 2. Repeal and Re -Enactment of Chapters 2 through 7 inclusive, of Title 11, Iona City Code. Chapters 1 through 7 inclusive of Title 11 of the City Code of Iona, Idaho, are hereby repealed in their entirety and re-enacted in the form set forth in Exhibits "A" through "H" inclusive of this Ordinance. Section 3. Amendment of Sections 11-11-6 and 11-11-21, Iona City Code. Sections 11-11-6 and 11-11-21 of the City Code of Iona, Idaho are hereby amended as follows: 11-11-6: ACCESSORY BUILDINGS: (A) Accessory buildings shall not be located in any required front yard area or closer to the street than the front face setback line. (B) Accessory buildings shall not be located closer than five (5) feet from any side or rear property line. (C) All structures under two hundred (200) square feet shall not require a building permit and shall not be located closer than two (2) feet from any side or rear yard. Those exceeding two hundred (200) square feet shall require a building permit to be constructed, with the exception of agricultural buildings in the Agriculture (A) zone. 11-11-21: MANUFACTURED HOME PLACEMENT: Manufactured homes meeting the following standards may be sited on single family lots within the City limits. The term "manufactured home" shall have the same meaning ascribed in Section 39-4105(8), Idaho Code. (A) The manufactured home shall be multi -sectional and enclose a space of not less than one thousand (1,000) square feet. (B) The manufactured home shall be placed on an excavated and back -filled, permanent, foundation and enclosed at the perimeter such that the home is located not more than twelve (12) inches above grade, except when placed on a basement foundation. (C) The manufactured home shall have a pitched roof, and shall have a slope of at least three (3) feet in height for each twelve (12) feet in width. (D) The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the City or which is comparable to the predominant materials used on surrounding dwellings as determined by the City Council. (E) The manufactured home shall have a garage or carport constructed of like materials. If the predominant construction in the area is attached or detached garages then the same can be required. (F) Additions to a manufactured home shall be of compatible construction using like materials. (G) The home, at the time of placement, must meet all City, state, and county building codes. (H) Only one (1) manufactured home may be placed on any single lot. Section 4. 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 5. Methodology. For the purpose of this Ordinance, text that is underlined 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 to another is similarly shown as underlined text. Section 6. 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 the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 7. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. YZ PASSES Y THE COUNCIL AND APPROVED BY THE MAYOR this /fday of 2013. ATTEST: ammond Clerk 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 TITLE 11 OF THE CITY CODE, COMPRISING THE ZONING ORDINANCE OF THE CITY; PROHIBITING ALL USES WITHIN THE CITY EXCEPT THOSE EXPRESSLY PERMITTED BY THE ZONING ORDINANCE; REPEALING AND RE-ENACTING CHAPTERS 2 THROUGH 7 INCLUSIVE OF SAID TITLE; AMENDING PORTIONS OF CHAPTER 11 OF SAID TITLE; PRESERVING PRIOR ORDINANCE; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Julie , ammond Cit Clerk -4- CITY OF IONA 3548 North Main P.O. Box 487 Iona, Idaho 83427 February 13, 2013 Dale W. Storer Holden Kidwell Hahn & Crapo PO Box 50130 Idaho Falls ID 83405 Phone: (208) 523-5600 Fax: (208) 535-0087 RE: CODE BOOK REPLACEMENT DOCUMENTS Dear Dale, Attached are current code book documents. Please replace Title 7, Chapter 8 and Title 11, Chapters 1, 2, 3, 4, 4A, 5, 6, 7 & 11 in your code book. Thanks for all your help and if you have any questions or comments please let me know. Sincerely, Ge v° J ie Hammond ity Clerk Attachments: As Stated PUBLIC HEARING NOTICE The City of Iona's City Council and Planning & Zoning Commission has scheduled a public hearing on the evening of January 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 formatting changes to Title 11 (Zoning) of Iona City Code. A second public hearing is scheduled for the evening of January 15, 2013 at 7:15 pm at the Community Center with the City Council for final review. If you have any comments concerning this request, they will be considered at the public hearing. Comments may be made in writing, but must be received by the City Clerk seven days prior to the public hearing. 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 Dated this 21 st day of December, 2012 Respectfully yours, Julie Hammond, City Clerk Publish: Fifteen (15) days prior to hearing date. 3548 North Main, Iona, Idaho 83427 Website: cityofiona.org Email: iona@cityofiona.org Phone: 523-5600 Fax: 535-0087 VOLUME ONE JANUARY, 201 Planning and Zoning Meeting: January 9, 2013 at 6:30 p.m. MAYORS' MESSAGE When an old man died in the geriatric ward of a nursing home in North Platte, Nebraska, it was believed that he had nothing left of any value. Later, when the nurses were going through his meager possessions, they found this poem. Its quality and content so impressed the staff that copies were made and distributed to every nurse in the hospital. One nurse took her copy to Missouri. The old man's sole bequest to posterity has since appeared in the Christmas edition of the News Magazine of the St. Louis Association for Mental Health. A slide presentation has also been made based on his simple, but eloquent, poem. And this little old man, with nothing left to give to the world, is now the author of this "anonymous" poem winging across the Internet. CRABBY OLD MAN What do you see nurses? What do you see? What are you thinking when you're looking at me? A crabby old man not very wise, Uncertain of habit with faraway eyes? Who dribbles his food and makes no reply. When you say in a loud voice "I do wish you'd try!" Who seems not to notice the things that you do. And forever is losing A sock or shoe? Who, resisting or not lets you do as you will, With bathing and feeding The long day to fill? Is that what you're thinking? Is that what you see? Then open your eyes, nurse you're not looking at me. I'll tell you who I am As I sit here so still, As I do at your bidding, as I eat at your will. I'm a small child of Ten....with a father and mother, Brothers and sisters who love one another. A young boy of Sixteen with wings on his feet. Dreaming that soon now a lover he'll meet. A groom soon at Twenty....my heart gives a leap. Remembering, the vows that I promised to keep. City Council Meeting: January 15, 2013 at 7:00 p.m. At Twenty-five, now I have young of my own. Who need me to guide And a secure happy home. A man of Thirty My young now grown fast, Bound to each other With ties that should last. At Forty, my young sons have grown and are gone, But my woman's beside me to see I don't' mourn. At Fifty, once more, babies play round my knee, Again, we know children My loved one and me. Dark days are upon me my wife is now dead. I look at the future shudder with dread. For my young are all rearing young of their own. And I think of the years and the love that I've known. I'm now an old man and nature is cruel. Tis jest to make old age look like a fool. The body, it crumbles grace and vigor, depart There is now a stone....where I once had a heart. But inside this old carcass a young guy still dwells, And now and again my battered heart swells. I remember the joys I remember the pain. And I'm loving and living life over again. i I'think of the years, all too few gone too fast. And accept the stark fact that nothing can last. So open your eyes, people open and see. Not a crabby old man Look closer see Me!! As we just celebrated Christmas and our hearts are softened and as we begin a new year remember this poem when the next time you meet an older person you might brush aside without looking at the young soul within. We will all, one day, be there, too! Commit to yourself to do some kind of service this next year. It may be holding your tongue, it might be a thank you, it might be holding a door open for someone, it might be helping your neighbor, church or community. Whatever it be, get involved and do your part is my wish for the next year. Sincerely, Mayor Brad Andersen ACTS OF KINDNESS I am not sure which kind neighbor raked by leaves and put them in my compost bins, but I want to give you a big Thank You! It is refreshing to know that I live in a neighborhood where people watch out for and help each other. Thank you so much! Blessings to you and your family. "Anonymous" COMMITTEES "Pioneer Park Committee" - We need volunteers to be on the Pioneer Park Committee to help with the splash pad, plant trees, landscape, and design of shelters etc... Please call the Mayor at 521-6970 if you want to help. EVENTS "State of City Address" — January 15, 2013 will be the State of the City Address that will summarize the past years accomplishments and plans for 2013. NOTICE OF PUBLIC HEARING The City of Iona's, City Council, and Planning & Zoning Commission has scheduled a public hearing on the evening of January 15, 2013 at 7:15 pm at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider formatting changes to Title 11 (Zoning) of Iona City Code. AFFIDAVIT OF PUBLICATION STATE OF IDAHO S.S. COUNTY OF BONNEVILLE Brad D. Andersen, being first duly sworn, deposes and says as follows: 1. That I am Mayor of the City of Iona, Idaho. That on the 1st day of January, 2013, a copy of the document attached hereto as Exhibit "A", was sent to the residents of the City of Iona by First Class Mail. 2. That the cost of mailing, including preparation, materials, and postage, is less than the cost of other publication required by law, in particular, publication in a local newspaper. 3. This Affidavit is made in pursuance of Idaho Code 60-109 A. DATED this / -day of , 2013. Brad D. Andersen, Mayor d SUBSCRIBED and SWORN to before me this / s- day of r 2013. Nota ublic fo R 'ding at N My commission C�� pies Z:i 4, 2 /er a STATE OF IDAHO AFFIDAVIT OF PUBLICATION S.S. COUNTY OF BONNEVILLE Brad D. Andersen, being first duly sworn, deposes and says as follows: 1. That I am Mayor of the City of Iona, Idaho. That on the 1 sc day of October, 2012, a copy of the document attached hereto as Exhibit "A", was sent to the residents of the City of Iona by First Class Mail. 2. That the cost of mailing, including preparation, materials, and postage, is less than the cost of other publication required by law, in particular, publication in a local newspaper. 3. This Affidavit is made in pursuance of Idaho Code 60-109 A. DATED this / day of , 2012. Brad D. Andersen, Mayor SUBSCRIBED and SWORN to before me this 2012. `oonw11111tk, .s```�� _``�V..., y,vi E,vIY •\• e. ___ I k.itL��,� = 91 it ., post': �o :6. day of Notary P 1-•>41,,a/171k-: lac for the State of Idaho Residing at Sda b o l My commission expires .Sepf= 2 3, Zd / 7 3548 North Main, Iona, Idaho 83427 Website: cityo_fiona:org Email: iona@cityofiona.org Phone: 523-5600 Fax: 535-0087 VOLUME TEN OCTOBER, 201. Planning and Zoning Meeting: October 10, 2012 at 6:30 p.m. MAYORSMESSAGE City Council Meeting: October 16, 2012 at 7:00 p.m. THANK YOU Two small words that we don't say often enough. This past week I received an unexpected phone call from someone who lives here in Iona. They called and left a message on my phone to tell me that they could tell I loved Iona and they did too. They thought I was doing a great job as Mayor and wanted to tell me THANK YOU! I don't hear that very often, but those two words made me feel wonderful and appreciated. It also made me reflect on how we take things for granted and how we forget to tell one another THANK YOU. From our spouses cooking dinner, cleaning the house; or our children for doing their chores, staying out of trouble or doing well in school; or just someone opening the door for you. I would hope you would reflect on how it makes you feel when someone tells you THANK YOU, like I did and pass it on. P.S. I saved this message on my phone and when I get down I play it back and it makes it all worth it. THANK YOU! Sincerely, Mayor Brad Andersen EVENTS_ "Trunk or Treat" — The 3rd annual Trunk or Treat will be held at the Iona City Building on October 31st (Halloween), starting at 6:00 p.m. The top three best decorated vehicles will be given some nice prizes. The City will provide hot chocolate and donuts, so come on out and see what your neighbor looks like all dressed up. "Iona Library 10th Annual Writing Contest" — For ages 3 — 12 and adults. Write an illustrated book for children 3 — 7. Prizes will be awarded. Pick up entries at the Iona Library or contact Nancy Long at 523-9811 with any questions. Stories must be submitted no later than November 9, 2012. "City of Iona Winter Basketball League" — For ages K — 6. Registration November 14, 2012 from 6:00 pm — 8:30 pm at Iona City Building. Cost is $40 which includes a shirt. Season begins January 5, 2013 with an 8 game schedule on Saturdays at various District #93 elementary schools. For additional information contact Trent or SueAnn Dabell at 542-2304 or cityofionasports@hotmail.com. POLICE REPORT The City has seen a decrease in burglaries from last summer (20) to this summer (1), a reduction in noise complaints and a decrease of about 50% in traffic violations. Our Police Chief contributes this to replacement of street lights, park closure from 12:00 am to 5:00 am and patrolling. This is great for our City! 1ErM A 4 The City of Iona's City Council, and Planning & Zoning Commission has scheduled a public hearing on the evening of October 10, 2012 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 formatting changes to Title 11 (Zoning) of Iona City Code. A second public hearing is scheduled for the evening of October 16, 2012 at 7:15 pm at the Community Center with the City Council for final review. NOTICE OF ADOPTED ORDINANCES ORDINANCE NO. 165-14-11 An ordinance of the City of Iona, Idaho, providing for the adoption of a Cable Television Franchise between the City and Cable One, Inc. 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 October 09, 2012 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC NOTICE/TITLE 11 ZONING Published 1 Days between 10/09/2012 and 10/09/2012 Please refer to Ad #: 508400 Total Cost: $35.63 (208) 522-1800 Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Valinda @ extension 1187, or David @extension 1182. THANK YOU! Proof of Publication The Post Register State of Idaho Bonneville County: I, 4Iilary Staci Dockery, first being duly sworn, depose and say: That I am the Cl 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: 508400, for 1 consecutive (days) weeks, between 10/09/2012 and 10/09/2012, 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 in a supplement. blished in the new, aper and not Subscribed and sworn to before me, this 09 day of October 2012 ```�p►►� STATE OF IDAHO COUNTY OF BONNEVILLE '''\'` Eq,.t. eli PUBLIC, c6,,opti��'jurat osianiitsttt►1► 0 SS. Notary Public My Commission expires: 1,110/20-15— // //) Subscribed and sworn to before me, this 09 day of October 2012, before me, the undersigned, a Notary public for said state, personally appeared )teary Wift-6r 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. 0.valltll7;I1/10", Ss ' �I�TAR. . i aaeA�%� _ Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 14072015" //-/o `go/r% v PUBLIC NOTICE The City of lona's City Council, and Planning & Zoning Commission has scheduled a public hearing on the evening of October 10, 2012 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 formatting changes to Title 11 (Zoning) of Iona City Code. A second public hearing is scheduled for the evening of October 16, 2012 at 7:15 pm at the Community Center with the City Council for final review. If you have any comments concerning this request, they will be considered at the public hearing. Comments may be made in writing, but must be received by the City Clerk seven days prior to the public hearing. 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. Dated this 27th day of September, 2012 Julie Hammond, City Clerk Published: October 9, 2012 (508400) PUBLIC NOTICE The City of Iona's City Council, and Planning & Zoning Commission has scheduled a public hearing on the evening of October 10, 2012 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 formatting changes to Title 11 (Zoning) of Iona City Code. A second public hearing is scheduled for the evening of October 16, 2012 at 7:15 pm at the Community Center with the City Council for final review. If you have any comments concerning this request, they will be considered at the public hearing. Comments may be made in writing, but must be received by the City Clerk seven days prior to the public hearing. 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 Dated this 27th day of September, 2012 Julie Hammond, City Clerk 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 Cla.Wfleds-Manager-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: 428372, for 1 consecutive (days) weeks, between 10/29/2011 and 10/29/2011, and that the said notice was published in the regular respective dates of publication, and that such notic in a supplement. d entire issue of said paper on the as published in the; newspaper and not z Subscribed and sworn to before me, this 31 day of October 2011 ``Jo('BERR j'4��G `�, ' .. pTgR•. 'may � : t, ' � 4:•.•.... PUBOG :=* c -.** S- ��--'���`..��''N attached jurat 1/11.1 #frtlInlll STATE OF IDAHO SS. COUNTY OF BONNEVILLE NotaryPublicPublic My Commission expires: 1/10/2015 Subscribed and sworn to before me, this 31 day of October 2011, before me, the undersigned, a Notary public for said state, personally appeared Hi'' y—Witr 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 affid my official seal the day and year in this certificate first above written. �� otNt BER/Vf_ ......... •- • GTARy)-. 'i .• N •' • —•- PUBLIG : * i. s � I. .• 1, Ut1-.., i \, '''' 41N11 F 10P00. c or The Company Residing at: Idaho Falls My Commission expires: 1/10/2015 PUBLIC NOTICE The City of lona's Plafi-n-ing_.and Zoning Commission trasscheduled a public hearingon the evening of November 9, 2011 dt 7:00 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 formatting changes to the chapters of Title 11 of the Iona City Code Book. A second public hearing is scheduled for the evening of November 15, 2011 at 7:30 P.M. at the Community Center with the City Council for final approval if so recommended by Planning and Zoning. If approved, Title 11 Zoning would have formatting consistency throughout each Chapter. If you have any comments concerning this request, they will be considered at the public hearing. Comments may be made in writing, but must be received by the City Clerk seven days prior to the public hearing. 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. Dated this 26th day of October, 2011 Respectfully yours, Robyn Keyes, City Clerk 'Eublished: October 29, 2011 (428372)