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Home My Public Portal AboutORD 161-10-11_Amending R-T Zone_08162011ORDINANCE NO. 161-10-11 AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING CHAPTER 4A TITLE 11 OF THE CITY CODE OF IONA, IDAHO; RELATING TO THE RESIDENTIAL TOWNHOUSE ZONE; ADDING PATIO HOMES AS A PERMITTED USE WITHIN SUCH ZONE; PRESERVING PRIOR ORDINANCE; 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 11-4A-2, Iona City Code. Section 11-4A-2 of the City Code of Iona, Idaho, is hereby amended as follows: 11-4A-2: PERMITTED USES: The following uses are allowed in the R-T zone. (A) Single family attached dwellings, subject to the height restrictions, setback and side yard requirements, area requirements and utility services requirements as set forth in sections 11-4-5 through 11-4-8 of this code. (B) Single family attached dwellings with no more than two (2) single family units in any one structure and no more than one (1) structure for human habitation upon a lot. (C) Attached garages. (D) Churches or other places of religious assembly. (E) Home gardening and other horticultural uses not operated as a commercial enterprise. (F) Accessory buildings and uses, subject to the restrictions in sections 11-11-6 and 11- 4A-9 of this Code, provided the total area of all structures on the lot shall not exceed one hundred forty-four (144) square feet in enclosed area. (G) Patio homes, subject to the restrictions set forth in section 11-4-11 and 11-4-6B of this Chapter, and provided further that the minimum building size, excluding basements and open patio areas, attached garages and carports, shall be not less than one thousand two hundred (1200) square feet, and each patio home shall have a basement. (F) Other similar uses that are determined by the City Council to be compatible with the purpose and intent of this zone. (Ord. 97, 5/24/05) Section 2. Amendments of section 11-4A-6, lona City Code. Section 11-4A- 6 of the City Code of lona, Idaho, is hereby amended as Follows: 11-4A-6: SETBACK AND SITE REQUIREMENTS: The following setback requirements shall be observed in the R-T zone: (A) Front yard. No building or structure shall be erected in the R-T zone nearer than thirty (30) feet from the right-of-way line of the street. (B) Side Yard. No building shall be closer than ten (10) feet from any side property line, except corner lots, which shall maintain a thirty (30) foot side yard adjacent to the street which intersects the street upon which the building fronts. No side yard shall be required for accessory buildings which are located more than twelve (12) feet to the rear of the foundation of the primary dwelling house, provided that the accessory buildings drip line remains within the lot. There should be no side yard setback requirement for the property line between single family units sharing a common party wall or walls. Notwithstanding the foregoing, patio homes may be constructed no closer than eight (8) feet from any side property line. (C) Rear Yard. No main building or any other structure other than an accessory building shall be constructed closer than twenty-five (25) feet to the rear property line. (D) Clear view of intersecting streets and ways. For the purpose of ensuring reasonable visibility and safety in the residential districts and in the business districts which require buildings to be set back from the right-of-way line, the triangle of land formed on any corner lot by drawing a line between the points on the two lot lines, which points are each thirty (30) feet from the intersection of said lot lines, shall be free from structure or other obstructions, except as otherwise permitted in this section. Any triangle of land formed along any street by drawing a line between a point on the lot line parallel to the street (which point is fifteen (15) feet from an alley or driveway which abuts the street) and a point on the near side of the alley or driveway (which point is fifteen (15) feet from the lot line) shall be free from structures or other obstructions, except as otherwise permitted in this section. Trees are allowed in such triangles provided they are trimmed from the ground level to at least seven (7) feet above the curb. Shrubs, fences and walls are likewise allowed in such triangles provided they do not exceed three (3) feet in height. (E) Protection of Waterways. Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. (Ord. 97, 5/24/05) Section 3. Preservation of Prior Ordinance. The sections of the City Code repealed 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 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. Section 5. 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 16th day of August, 2011. Brad Andersen Mayor ATTEST: Robyn Keyes City Clerk (SEAL) STATE OF IDAHO .,trune�un.. )SS. County of Bonneville ) I, ROBYN KEYES, CITY CLERK OF THE CITY OF 10NA, 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 4A, TITLE 11 OF THE CITY CODE OF IONA, IDAHO; RELATING TO THE RESIDENTAL TOWNHOUSE ZONE; ADDING FOR ADDING PATIO HOMES IN SUCH ZONEPRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE" Rob City Clerk Proof of Publication The Post Register State of Idaho Bonneville County: I, Hilary Witt or 3eenna--ibbgrt, first being duly sworn, depose and say: That I am the Classifieds Manager or Pxoduetirnr Supervisor 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: 365603, for 2 consecutive (days) weeks, between 02/23/2011 and 03/02/2011, 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 was published in the newspaper and not in a supplement. Subscribed and sworn to before me, thi STATE OF IDAHO COUNTY OF BONNEVILLE attached jurat SS. of March 2011 Notary Public My Commission expires: 5/25/2013 Subscribed and sworn to before me, this 02 day of March 2011, before me, the undersigned, a Notary public for said state, personally appeared Hilary Witt or Jommal ibbeftrknown 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 Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 5/25/2013 Notice of Public Hearing The City of lona's City Council, and Planning and Zoning Commission has scheduled a public hearing on the evening of March 9, 2011 at 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 an amendment to the Residential Town home (R-T) zone to allow patio homes. A second public hearing is scheduled for the evening of March 15, 2011 at 7:30 P.M. at the Community Center with the City Council for final review. If you have any comments concerning this amendment, they will be considered at the public hearing. Comments may be made in writing, but must be received by the City Clerk seven (7) days before 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. Robyn Keyes, Published: February 23 and March 2 201Cle1� (365603) 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 1st day of September, 2011, a copy of the document attached hereto as Exhibit "A", was sent to the residents of the City of Iona by First Class Mail. 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 j day of Brad D. Andersen, Mayor SUBSCRIBED and SWORN to before me this day of-aide22074er 2011. S `` 'v? N i iF.(- i/,�. ,.� ��6 F yes .,, E '% N.tary '' b is or t�� State of Ida o NOTAR ' A i' Residing at L = �"� My commission expires l PUBDC . * ,„�OFIOP'�` ;IIIfItiH fi�,,,,�� E 49 N E 41 N E iONA RG E DENNING AV E FREE AV ROCK' E CA :WEIGEL CIR E ROCKRIDGE LN O E RAINBOW N E IONA RD ,AS CREEK CI ENNING AV FREEDOM CIR E FREE CI E DAV! r- 4. E OWENS AV WALKER AV E FREE A ROCKWOOD AL LONGHURST . 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