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Home My Public Portal AboutORD 152-05-10_Unlicensed Motor Vehicles_09212010ORDINANCE NO. 62- D.5-'10 AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING SECTION 11-11-4, IONA CITY CODE,. RELATING TO THE PARKING OF INOPERABLE OR UNLICENSED MOTOR VEHICLES; AMENDING' SECTION 11-12-2 OF SAID CODE AND ESTABLISHING' CERTAIN RESTRICTIONS WITH RESPECT TO THE PARKING OF INOPERABLE OR UNLICENSED' VEHICLES IN RESIDENTIAL AND COMMERCIAL. AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR METHODOLOGY; PROVIDING FOR PRESERVATION OF PRIOR ORDINANCE AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Repeal of Section 11-11-4, City Code. Section 11-11-4 of the Iona City Code is hereby repealed. Section 2. Repeal and Re -Enactment of Section 11-12-2, Iona City Code. Section 11-12-2 is hereby repealed and re-enacted as follows: 11-12-2: STANDARDS: (A) Location of Parking Spaces. The following regulations shallgovern the location of off-street parking spaces and areas: 1. Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve. 2. Parking spaces for commercial, industrial or institutional use shall be located not more than five hundred (500) feet from the principal use. 3. Parking spaces for apartments, dormitories or similar residential uses shall be located not more than three hundred (300) feet from the principal use. -1- (B) Loading Space Requirements and Dimensions. Off-street loading spaces for commercial uses shall be provided as set forth in Section 11-12-4 of this Chapter. (C) Maintenance. The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of dust, trash and other debris. (D) Surface. The required number of parking and loading spaces as set forth in section 11-12-4 below, together with driveways, aisles and other traffic circulation areas, and shall be improved to a standard equal or better to the surface of the public street it adjoins. (E) Drainage. All parking and loading areas shall provide for proper on -site drainage of surface water as approved by the City. (F) Lighting. Any parking area which is intended to be used during night-time hours shall be properly directed to avoid glare into on -coming vehicular traffic. Any lights used to illuminate a parking lot shall be so arranged as to reflect light away from the adjoining property. (G) Access. Any commercial or industrial parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall travel in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a Way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. (H) Striping and Paving. All parking areas with a capacity over twenty (20) vehicles shall be paved and striped with double lines, six (6) inches both side of center, between stalls to facilitate the movement into and out of the parking stalls. (I) (J) Screening and/or Landscaping. Whenever a parking area screened on any sides which adjoin or face other properties the planting screen; shall be not less than four (4) feet not more than (6) feet in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. Wheel Blocks. Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line. -2- (K) Minimum Distance Setbacks. No part of any parking area for more than ten (10) vehicles shall be closer than twenty (20) feet to any dwelling unit, school, hospital or other institution for human care located on an adjoining lot, unless, separated by an acceptably designed screen. In no case shall any part of a parking area be closer than four (4) feet to any established street or alley right-of-way. (L) Vehicles. (1) No person shall park or allow to be parked any inoperable motor vehicle or vehicle not having a current registration upon a public street for a period of more than seventy-two (72) consecutive hours at the ZI11 f) (2) It shall be unlawful for any person to park or allow • = parking of any inoperable motor vehicle or vehicle not havin• - current registration, within or upon any lot located in a residenti- one for a period of more than seventy-two (72) consecutive hou :, provided however any owner or tenant of such lot may, without . y time limitation, park or store no more than two (2) of such ve.' es upon the lot, if such vehicles are personally owned or leas by such owner or tenant. Nothing herein shall prohibit the park' • or storing of such prohibited vehicles within a fully enclosed bui : ng or other enclosure which completely obscures view of such v- icles from a public street or sidewalk. (3) same location. For the purposes of this subsection, the following terms shall have the meanings ascribed below. (a) The term "motor vehicle" shall mean every vehicle which is self-propelled and is or may be operated upon a public highway. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code. (b) The term "vehicle" shall mean every device in, upon, l or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. (M) Joint Use. Two (2) or more non-residential uses may jointly provide and use -3- parking spaces when their hours of operation do not normally overlap, provided a written agreement provided for such joint use, is filed with the application for a building permit. 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. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this C4( day of6-vr , 2010. Brad Andersen Mayor -4- ATTEST: Robyn Key, City Clerk (SEAL) STATE OF IDAHO ) )ss. County of Bonneville ) I, ROBYN KEYES, 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; REPEALING SECTION 11-11-4, IONA CITY CODE, RELATING TO THE PARKING OF INOPERABLE OR UNLICENSED MOTOR VEHICLES; AMENDING SECTION 11-12-2 OF SAID CODE AND ESTABLISHING CERTAIN RESTRICTIONS WITH RESPECT TO THE PARKING OF INOPERABLE OR UNLICENSED VEHICLES IN RESIDENTIAL AND COMMERCIAL AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR METHODOLOGY; PROVIDING FOR PRESERVATION OF PRIOR ORDINANCE AND ESTABLISHING AN EFFECTIVE DATE." o`°Q,� `t N KE �. FS STAR Robin Keyes City Clerk -5- PUBLIC NOTICE The City of Iona's Planning and Zoning Commission has scheduled a public hearing on the evening of September 15, 2010 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 and discuss an ordinance for storage of inoperable and unlicensed vehicles. A second public hearing is scheduled for the evening of September 21, 2010 at 7:45 P.M. 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 (7) days before the public hearing. Dated this 30`h day of August, 2010 Respectfully yours, Robyn Keyes, City Clerk Publish: Fifteen (15) days prior to hearing CITY OF IONA 3548 N Main P.O. Box 487 Iona, Idaho 83427 AFFIDAVIT OF PUBLICATION STATE OF IDAHO S.S. COUNTY OF BONNEVILLE Phone: (208) 523-5600 Fax: (208) 535-0087 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 15` day of September, 2010, 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 r day of , 2010. 2-)054 ri`Jk'Q� Brad D. Andersen, Mayor SUBSCRIBED and SWORN to before me this ?-- day of 2010. O?,�.N. 1K....' /1/64 .' E ®..... OTA Not y lnihc for tlState of Idfaho A _ N R Y• Residing atn4��,///� �a ‘. 1 L My commission expires rz -44, dui, *\ PUBLIC :'� •-,, ST ,...,0