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HomeMy Public PortalAboutORD 148-01-10_Chickens_04272010ORDINANCE NO. t-tg- D/ - /D AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 11-4-2 OF THE IONA CITY CODE; ADOPTING A NEW SECTION PROVIDING FOR THE KEEPING OF DOMESTIC HENS; PROVIDING FOR METHODOLOGY; 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 11-4-2, Iona City Code. Section 11-4-2 of the City Code of Iona, Idaho, is hereby amended as follows: 11-4-2: PERMITTED USES: The following uses are allowed in the R-1 zone. (A) Single family dwellings. (B) Manufactured homes meeting the following conditions: 1. The manufactured home shall be multi -sectional and enclose a space of not less than one thousand (1,000) square feet. 2. 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. 3. The manufactured home shall have a pitched roof with a slope of at least three (3) feet in height for each twelve (12) feet in width. 4. 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 community or which is comparable to the predominant materials used on surrounding dwellings as determined by the City Council. 5. The manufactured home shall have a garage or carport constructed of like materials. 6. Additions to a manufactured home shall be of compatible construction using like materials. - gm..., M 7. The home, at the time of placement, must meet all city, state, and county minimum standard building codes. 8. Only one (1) manufactured home may be placed on any single lot. (C) Churches or other places of religious assembly. (D) The keeping of domestic farm animals under the following restrictions: 1. No livestock or domestic farm animals may be kept on lots of less than one (1) acre in total area. 2. Only one (1) animal unit per ifia+fone-third (3i1/3) acre or greater shall be allowed. One (1) animal unit shall represent: a. Cow - 1 b. Horse - 1 c. Sheep - 5 For all other animals not listed the City Council may set compatible standards. 3. All buildings, shelters, or enclosures for farm animals shall be located no closer than fifty (50) feet from any property line. 4. Pigs, swine, poultry, or fowl shall not be allowed in the R-1 zone, except for domestic hens as otherwise allowed under section 11-4-12 of this Chapter. (E) Home gardening and other horticultural uses not operated as a commercial enterprise. (F) Accessory buildings, provided the total enclosed area of all such structures shall not exceed one hundred forty four (144) square feet. (G) One (1) sign not to exceed four (4) square feet in area pertaining to the lease or sale of buildings or premises where the sign is located. This provision shall also apply to political signs during campaign periods. (H) Other similar uses that are determined by the City Council to be compatible with the purpose and intent of this zone. Section 2. Amendment of Section 11-4-12, lona City Code. Section 11-4-12 of the lona City Code is hereby amended as follows: -2- 11-4-12: KEEPING OF DOMESTIC HENS: (A) The keeping of domestic hens is hereby permitted within the R-1 zone subject to the provisions of this section. For the purposes of this section, the term "domestic hen" shall mean a common domestic hen (domesticus gallus gallus) for the purpose of domestic egg production or as a domestic pet. The keeping of such hens for breeding or for slaughter as a source of food is not permitted. (B) Only one (1) animal unit per one ffone-third (1/23) acre or greater shall be allowed. One (1) animal unit shall represent ten (10) domestic hens. (C) All buildings, shelters or inclosures used for the purpose of housing or sheltering domestic hens shall be located no less than twenty feet (20') from the primary residence located upon the lot or parcel for such uses permitted and no closer than fifty fee (50') from the foundation wall of any building or structure used for human occupation and located upon any adjoining lot or lots. In no event shall domestic hens be kept within a front yard or a side yard, as defined by section 11-1-5 of this Code. (D) Domestic hens shall at all times be kept within a secure enclosure having a total area of not less than two (2) square feet per domestic hen. Domestic hens shall not be kept within any building or structure designed for human occupancy. (E) The area within which domestic hens are kept shall be cleaned and maintained in a manner that does not unreasonably attract flies, emit foul or objectionable odors or create a public health hazard nor shall the keeping of domestic hens disturb the peace of the adjoining properties or otherwise constitute a public nuisance. Section 3. 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 4. 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. -3- Section 5. 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 6. 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 , 2010. ATTEST: obyn(J'Ceyes City Clerk (SEAL) Y. �e Brad Andersen Mayor -4- 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, AMENDING SECTION 11-4-2 OF THE IONA CITY CODE; ADOPTING A NEW SECTION PROVIDING FOR THE KEEPING OF DOMESTIC HENS; PROVIDING FOR METHODOLOGY; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." G:\WPDATA\D W S\2708 City of lona\ORD\Domestic Hens.ORD.cmpAv3.wpd: sm City Clerk -5- MAY 2010 CITY OF IONA NEWSLETTER Town Meeting Update. Our apologies. There was a problem with the printer for our water statements and the newsletter was delayed, subsequently the announcement for the town meeting was late. As it stands, the City will not mandate trash pick up, but rather has put out a request for proposal to contract with one trash company for pick-up, and if you choose to subscribe to curbside trash collection, you would go with the contracted company. This is a concerted effort to help reduce the impact of four different trash company's wear and tear on the City streets, designate one day for trash pick-up, and pass the cost savings on to you. If the City does not receive a proposal that does not have the residents best interests at heart, the city will not enter into a contract with any company and it will be business as usual. In the event the City does receive an acceptable proposal, the City will hold a public hearing regarding the subject. Iona Elementary News Friday, May 7th from 5:00 pm until 7:30 pm Iona Elementary will be holding a Spring Carnival. Everyone in the community is welcome to attend. Tickets will be available at the door for 4/$1.00. We will have a variety of food, games, and prizes! Tuesday, May 18th District #93 will be holding a school election for a plant facility levy. To vote in Idaho school elections, a person must be eighteen years of age or older, must reside within the boundaries of Bonneville Joint School District No. 93, be a registered voter and a citizen of the United States. You may cast your vote from 12 noon until 8 pm. NOTICE OF ADOPTED ORDINANCES The following ordinance has been adopted by the Mayor and City Council and is presented in summary; full text of said ordinance is available for viewing at the City Clerk's office; Ordinance Number 148-01-10 an ordinance of the city of Iona, Idaho; amending section 11-4-2 of the Iona city code adopting a new section providing for the keeping of domestic hens; one (1) animal unit per one-third (1/3) acre or greater shall be allowed one (1) animal unit shall represent ten (10) domestic hens. The following ordinance has been adopted by the Mayor and City Council and is presented in summary; full text of said ordinance is available for viewing at the City Clerk's office; Ordinance Number 149-02-10 an ordinance of the city of Iona, Idaho; amending sections 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, 5-4-10, 5-4-14, 5-4-15, and 5-4-16 of the Iona city code, relating to dog control. License fees for all dogs shall be $5.00 and shall expire on December 31 of the second full calendar year after the date the license was issued. Alternatively, any owner may purchase a "lifetime" license the fee shall be $15.00 per animal. Each homeowner is allowed two (2) dogs per property; up to four dogs will be allowable with the purchase of a non-commercial kennel license. The entire code is now infraction based and incidences that involve dog control or public nuisance concerning dogs are punishable by law. PUBLIC NOTICE The City of Iona's Planning and Zoning Commission has scheduled a public hearing on the evening of March 10, 2010 at 7:30 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 decreasing the minimum allowable lot size for homeowners to have chickens from acre to 1/3 acre. A second public hearing is scheduled for the evening of March 16, 2010 at 7:10 P.M. at the Community Center with the City Council for final approval if so recommended by Planning and Zoning. 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 no later than seven (7) days before the public hearing. Dated this 23rd day of February, 2010 Respectfully yours, Robyn Keyes, City Clerk Publish: Fifteen (15) days prior to hearing date. Proof of Publication The Post Register State of Idaho County of Bonneville 1,.Dan-Masre, or Joanna Hibbert, first being duly sworn, depose and say: That I am the Operations Manager, or Production Supervisor of The Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, publishers of The Post Register, a newspaper of general circulation, published daily 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 uninterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidation, 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 for 1 consecutive (days) weeks, first publication having been made on the 29TH day of APRIL 2009, last publication having been made on the 29TH day of APRIL at 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. ,........,,.. y Notary Public N * 07 $ My commission expires January 10, 2015 *1 'ile. i I Credit \ VB1-I•Cl*` 4 P OF VA '6.(1,A)“14 Subscribed and sw• rn to bef• me, this 29TH day of APRIL 2009 NOTICE OF PUBLIC HEARING NOTICE IS NEARBY GIVEN, that the Iona City Council will conduct a public hearing for the purpose of consideration of allowing backyard chickens in residential zones. The hearing will be conducted at 7:00 p.m. on May 13, 2009 with the Plan- ning and Zoning Commission, then again at 7:00 p.m. on May 19, 2009 •with the City Council. Both meetings will be held at the Iona Community Center, located at 3548 North Main Street, Iona, Idaho. All interested citizens are invited to attend and provide public comment regarding this issue. Dated this 23rd day of April Robyn Keyes City Clerk Published: April 29, 2009 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 3rd day of May, 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 day of Brad D. Andersen, Mayor SUBSCRIBED and SWORN to before me this 49— day of 2010. 4ya1111/llfll/fiN S ��`•� PP�`l N KE l` .;*, ,. E �``S�� FS A '�OTAR ),- L g i .s ••.r 1 _ %-kr'.. PUBOG Pk j 1P ''''�'� ATE OF `OP``` uunr►1 No 324iic for e State of Idaho Residing at L,ndeo/1(e 6w,`� My commission expires Oci . Jot y PUBLIC NOTICE The City of Iona's Planning and Zoning Commission has scheduled a public hearing on the evening of March 10, 2010 at 7:30 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 decreasing the minimum allowable lot size for homeowners to have chickens from 1/2 acre to 1/3 acre. A second public hearing is scheduled for the evening of March 16, 2010 at 7:10 P.M. at the Community Center with the City Council for final approval if so recommended by Planning and Zoning. 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 no later than seven (7) days before the public hearing. Dated this 231-d day of February, 2010 Respectfully yours, Robyn Keyes, City Clerk Publish: Fifteen (15) days prior to hearing date.