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.
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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:
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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.
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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.
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Brad Andersen
Mayor
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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
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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.
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Notary Public
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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.
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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.