HomeMy Public PortalAboutORD 145-03-09_Amending Zoning Sec.11-1-5_09082009ORDINANCE NO. 1 1-6' 03-09
AN ORDINANCE OF THE CITY OF IONA, IDAHO,
AMENDING THE ZONING ORDINANCE; PROVIDING FOR
DEFINITIONS OF FRONT YARD, SIDE YARD, REAR YARD;
PROHIBITING USES NOT EXPRESSLY PERMITTED BY
THE ZONING ORDINANCE; 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 11-1-5, Iona City Code. Section 11-1-5 of
the City Code of Iona, Idaho, are hereby amended as follows:
11-1-5: DEFINITIONS: For the purposes of this Title the following terms, phrases,
words and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future tense, words in the
plural number include the singular number and words in the singular number include the
plural number. The word "shall' is always mandatory and not merely directory.
ACCESSORY USE OR BUILDINGS: A subordinate use or building customarily incident
to and located upon the same lot with the primary use or building.
AGRICULTURE USE: Any facility for the growing, raising or production of agricultural,
horticultural and viticulture crops and vegetable products of the soil, poultry and poultry
products, livestock, field grains, seeds, hay, apiary and dairy products and the processing
for commercial purposes of livestock or agricultural commodities.
ALTERATIONS: "Alterations," as applied to a building or structure, is a change or
rearrangement in the structural parts or in the exit, facilities, or an enlargement, whether
by extending on a side or by increasing in height, or by the moving of any portion of a
structure from one location to another.
BLOCK: The area along one side of a street between the two (2) nearest intersecting
streets, or between an intersecting street and a right-of-way, or other similar barrier,
whichever is lesser.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and
entirely separated on all sides from any other structure by space or by walls in which there
are no connecting doors, windows or openings, and which is designed or intended for the
shelter, enclosure or protection or persons, animals, chattels or property of any kind.
CITY: The City of lona, Idaho.
CONDITIONAL USE: A use or occupancy or a structure, or use of land, permitted only
upon issuance of a conditional use permit and subject to the limitations and conditions
specified therein.
DAIRY: The congregation of more than one (1) animal unit per acre on a single parcel of
ground for the purpose of production, sale and distribution of milk, butter or cheeses.
DAY CARE CENTER: A building in which thirteen (13) or more children, not related by
blood or marriage to the person or persons operating such center, are regularly received
and provided with part-time custodial care in exchange for compensation or remuneration
of any kind.
DETACHED BUILDING: Any building that is used as an ancillary building in addition to the
buildings used primarily upon the lot and which is not physically connected to the primary
building.
DOG: Any animal of the canine species which is older than six (6) months.
FRONTAGE: Any side of a lot which abuts a public street.
FRONT FACE SETBACK LINE: The line defined by the intersection of the surface of a lot
and the plane within which is located the building wall or frame closest to the street upon
which the primary entrance to the main building faces.
HOME OCCUPATION: Any gainful operation, profession or craft which is conducted in a
residential use and in which the use is incidental and secondary to the use of the dwelling
for dwelling purposes, and which occupation is carried on only by the immediate members
of the family residing within the dwelling place.
IBSD: The lona-Bonneville Sewer District.
INDUSTRIAL, LIGHT: Warehousing, wholesaling, manufacturing and/or processing of
goods and materials which do not emit offensive odor, dust, smoke, glare, gas, light, noise
or for which vibration is confined to the site.
INDUSTRIAL, HEAVY: Any industry that has hazardous or objectionable elements such
as noise, odor, dust, smoke, vibration, pollution, particulants or glare and that are operated
both within enclosed structures and outside of such structures.
JUNK YARD: Any business in which used goods are collected and sold for reuse even as
a secondary business related to the primary business on site, including any outdoor space
where junk, waste, discarded or salvaged material are stored or handled, further including
automobile wrecking yards and yards for storage of used building materials, salvaged
equipment, automobiles or machinery.
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KENNEL: A facility or property that boards or keeps more than two (2) dogs at any one
time for compensation or remuneration of any kind.
LIVESTOCK CONFINEMENT OPERATION (LCO): Any lot, corral, or facility where more
than fifty (50) animal units of livestock, excluding animals six (6) months of age or younger,
are confined, stabled or fed, or maintained for a total of two hundred forty (240) days or
more in any consecutive twelve (12) month period; and on which crops, vegetation, forage
growth or post harvest residues are not sustained in the normal growing season over any
portion of the lot or facility. Livestock means all domesticated animals, poultry, rabbits and
fur -bearing animals. Animal units shall be determined as following:
Cow 1 animal
Horse 1 animal
Sheep 5 animals
Poultry/Fowl 10 animals
Others 10 animals
LOT: A unit of land described by metes and bounds or a lot included within a subdivision
recorded with the Bonneville County Recorder's office.
LOT COVERAGE: The area of a lot occupied by the principal building or buildings and
accessory buildings.
LOT LINE: The boundary property line encompassing a lot. The front lot line is the
boundary line that abuts a public street. For a corner lot, the owner may select either street
line as the front lot line. The rear lot line is the lot line or most nearly parallel to and most
remote from the front property line. All other lot lines are side lot lines. An interior lot line
is a sideline in common with another lot.
MAIN BUILDING: The building within which activities are conducted which are most
fundamental to the intended use of the lot.
MANUFACTURED HOME: A structure, constructed according the HUD/FHA mobile home
construction and safety standards, newer than July 1, 1976, transportable in one (1) or
more sections, which, in the traveling mode, is eight (8) feet or more in width or is forty (40)
feet or more in length, or when erected on site, is three hundred twenty (320) or more
square feet, and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical systems contained
therein, except that such term shall include any structure which meets all the requirements
of this paragraph except the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the United States secretary of housing and urban
development and complies with the standards established under 42 U.S.C. 5401 et. seq.
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MOBILE HOME: A structure similar to a manufactured home, but built to a state mobile
home code which existed prior to the Federal Manufactured Housing and Safety Standards
Act (HUD Code), and which was built prior to July 1, 1976.
NON -CONFORMING USE: A use of premises which does not conform to the regulations
of this Title, but which was in existence and in conformity with existing regulations at the
effective date of this Title.
NON -CONFORMING BUILDING: A building, structure, or portion thereof which does not
conform to the regulations of this Title applicable to the zone or district in which such
building is situated, but which existed prior to and was in compliance with existing
regulations as of the effective date of this Title.
NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants
of the City or any act or thing repugnant to, or creating a hazard to, or having a significantly
detrimental effect upon the property of another person or to the community.
PARKING SPACE: Usable space within a public or private parking area or building, not
less than one hundred eighty (180) square feet in gross area, exclusive of access drives,
aisles or ramps for the storage of one (1) passenger automobile or commercial vehicle.
SETBACK AREA: The space on a lot required to be left open and unoccupied by ceilings
or structures, either by the front, side or rear yard requirements of this Title, or by
delineation on a recorded subdivision map. The setback does not include cornices,
canopies, eaves or other projections which do not increase the column of space enclosed
by the building; provided, however, that none of these shall project into any required yard
more than two (2) feet. The setback shall be measured as the shortest distance between
the property line and any portion of the foundation wall or frame of any building.
SIGN: Any structure or natural object, such as tree, rock, bush and the ground itself, or
part thereof or device attached thereto or painted or represented thereon, which is used
to attract attention to any object, product, place, activity, person, institution, organization
or business, or which displays or includes any letter, word, model, banner, flag, pennant,
insignia, device or representation used as, or which is in the nature of an announcement,
direction or advertisement. For the purpose of this definition, the word sign does not
include the United States flag or flag of the State of Idaho, pennant or insignia of any
nation, state, city or other political, educational, charitable, philanthropic, civic, professional,
religious, or like campaign, drive, movement or event.
STREET: A public right-of-way that provides vehicular and pedestrian access to adjacent
properties, acceptance or grant of which has been officially approved by the City. The
term, street, includes also the terms highway, thoroughfare, parkway, throughway, road,
avenue, boulevard, land, place and other such terms.
VARIANCE: An action by the City allowing modification of the requirements of this Title
as to lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space,
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height of buildings, or other ordinance provision affecting the size or shape of a structure
or the placement of the structure upon Tots, or the size of lots.
YARD: An open space on the same lot with a principal building or group or buildings,
which is unoccupied and unconstricted from its lowest level upward, except as otherwise
permitted in this Title and which extends along a lot line and at right angles thereto to a
depth or width specified in the yard regulations for the district in which the lot is located.
YARD. FRONT: A yard lyin• between the front lot line and the nearest foundation lime of
the main building and extending across the full width of the lot.
YARD. REAR: A yard lying between the rear lot line and the nearest foundation line of the
main buildin • and extendin • across the full width of the lot. In the case of corner lot where
the building fronts on a side street. the rear yard may be established from the rear of the
house to the side property line.
YARD. REQUIRED: The o•en space around buildin• as re•uired bit the Zonin•
Ordinance.
YARD. SIDE: An open space between the side of the main building and the side line of
the lot and extending from the front yard to the rear yard.
ZONING MAP: The map incorporated into this Title designating the use for district zones.
Section 2. Adoption of 11-1-9, lona City Code. A new section of the lona City
Code is hereby adopted as follows:
11-1-9: USES PROHIBITED: It shall be unlawful to use, occupy, inhabit or construct
any structure or building within the City of lona, unless such use is expressly permitted by
the provisions of this Chatper.
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
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the arrest, prosecution and punishment of any person who violates such provisions prior
to the effective date hereof.
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
, 2009.
ATTEST:
Rbyn a es ^
City Clerk
(SEAL)
•
NOTARYs.
* PUBLIG•
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 THE ZONING
ORDINANCE; PROVIDING FOR DEFINITIONS OF FRONT YARD, SIDE YARD, REAR
YARD; PROHIBITING USES NOT EXPRESSLY PERMITTED BY THE ZONING
ORDINANCE; PROVIDING FOR METHODOLOGY; PRESERVING PRIOR ORDINANCE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE."
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Rotyn yes
City Clerk
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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
October, 2009, 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 % 5 day of UG , 2009.
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Brad D. Andersen, Mayor
SUBSCRIBED and SWORN to before me this % �iday of UC
2009.
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OCTOBER 2009 CITY OF IONA NEWSLETTER
Elections for two City Council seats and Mayor will be held Tuesday November 3rd at the Iona
Community Center located at 3548 North Main Street, and the polls will be open from 8 a.m. to
8 p.m. If. The Council seats that are up for election are currently held by Dennis McArthur, and
Steve Elliott. If you are new to the area, you will need to register with the County Elections
Office at the Court House in Idaho Falls. Absentee ballots will be accepted at the County
Elections office as well. If you have any questions please call the City office at 523-5600.
Bomb scare. As most of you know, on September 29th the City of Iona had a bomb scare at the
Iona Post Office. In the future if you notice something out of the ordinary, please call our Chief
of Police Mr. Basaraba @ 716-Iona (4662) or 523-0165. Chief Basaraba is gathering information
regarding the suspicious package left at the Post Office. The Chief is asking anyone that went to
the post office, or drove by the Post Office between the hours of 9:00 p.m. on September 28`h and
6:30 a.m. on September 29`h to please contact him if you DID or DID NOT see a package out
side during that time.
Water Conservation. Do you know that the average home in the United States uses less than
20,000 gallons of water per month. The average home in the City of Iona uses OVER 45,000
gallons per month. We even have a home that is using over a 130,000 gallons of water per
month. Please do your part and on watch how much water you use. Over 75% of water usage is
outside.
The Friends of the Library have purchased a copy machine and placed it in the library for
patrons to use for a minimal charge. The Friends of the Library would like to thank everyone that
has helped make the Library a success.
Veteran's Memorial Dixie Hunting has raised $4,500 and needs another $500 to pay for the
Veteran's Memorial! Way to go Dixie!!! She still needs your help to finish this project. The Iona
History book volume II is for sale and money earned will go toward the project. Cash donations
can be made to the Iona Veterans Fund at the Bank of Commerce, downtown branch, or to Dixie
directly. The Iona History books are available at the City office or through Dixie. She would like
to have this project complete for dedication by this Veteran's Day. For questions or contributions
please contact Dixie Hunting at P.O. Box 723, Iona, Idaho 83427.
The Planning and Zoning Commission is inviting those that would like to give input regarding
the use of residential windmills to the next Planning and Zoning meeting. This is not a public
hearing, but rather an attempt to gather information. The meeting will be held October 14`h at
7:00 p.m. at the Community Center.
Dog ordinance reminder. The City of Iona would like to remind everyone that has dogs to
please be mindful of the noise your dog may make and how that could affect your neighbor.
Also, there are only two dogs allowed per household. Iona City Code 5-4-7: states; It shall be
unlawful to operate a dog kennel or to keep upon the premises of any one household or upon the
premises of any one business property, more than two (2) dogs unless the owner or person in
charge thereof has a noncommercial kennel license. If you have any questions regarding this
issue please contact Chief Basaraba at 523-0165. You can view the full ordinance on the City's
website at www.cityofiona.org.
NOTICE OF ADOPTED ORDINANCES
The following ordinances have been adopted by the Mayor and City Council and are presented in
summary, full text of said ordinances are available for viewing at the City Clerk's office;
ORDINANCE NO. 144-02-09 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. Iona City Code is hereby adopted as follows; 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 gal/us gal/us) 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. Only one
(1) animal unit per one-half (1/2) acre shall be allowed. One (1) animal unit shall represent ten
(10) domestic hens. Domestic hens are not permitted on lots less that 1/2 acre in size. All
buildings, shelters or enclosures 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. 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.
ORDINANCE NO. 145-03-09 an ordinance of the City of Iona, Idaho, amending the zoning
ordinance; providing for definitions of front yard, side yard, rear yard; prohibiting uses not
expressly permitted by the zoning ordinance; 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 11-1-
5, Iona City Code. Section 11-1-5 of the City Code of Iona, Idaho, are hereby amended as
follows: YARD, FRONT: A yard lying between the front lot line and the nearest foundation line
of the main building and extending across the full width of the lot. YARD, REAR: A yard lying
between the rear lot line and the nearest foundation line of the main building and extending
across the full width of the lot. In the case of corner lot where the building fronts on a side street.
the rear yard may be established from the rear of the house to the side property line. YARD,
REQUIRED: The open space around building as required by the Zoning Ordinance.YARD,
SIDE: An open space between the side of the main building and the side line of the lot and
extending from the front yard to the rear yard.
ORDINANCE NO. 146-04-09 an ordinance entitled the annual appropriation ordinance for the
fiscal year beginning October 1, 2009, appropriating the sum of $830,300.00 to defray expenses
and liabilities of the City of Iona for said fiscal year, authorizing a levy of a sufficient tax upon
the taxable property and specifying the objects and purpose for which said appropriation is made.
Be it ordained by the Mayor and City Council of the City of Iona, Bonneville County, Idaho.
Section 1: That the sum of $830,300.00 be, and the same is appropriated to defray the necessary
expenses and liabilities of the City of Iona, Bonneville County, Idaho for the fiscal year
beginning October 1, 2009.
Section 2: The objects and purposes for which such appropriation is made, and the amount of
each object and purpose is as follows:
ESTIMATED EXPENDITURES:
GENERAL FUND AND STREETS:
General Administration
Equipment Replacement
WATER FUND:
$431,000.00
$ 90,000.00
Administration $295,500.00
RECREATION:
Administration $ 13,800.00
TOTAL EXPENSES: $830,300.00
Section 3: That a general tax levy on all taxable property within the City of Iona be levied in an
amount allowed by law for the general purposes for the said City, for the fiscal year beginning
October 1, 2009.
Section 4: All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed.
Section 5: This ordinance shall be in full force and effect from and after its passage, execution
and publication in the manner required by law.
ALL OF THE ABOVE ORDINANCES WERE PASSED BY THE COUNCIL AND
APPROVED BY THE MAYOR SEPTEMBER 8, 2009.
Mayor's message
ROSES AND RAINBOWS
Our lives are full of roses.
They are blessings that we earn.
But there's another side to the garden.
For it's the thorns by which we learn.
There's a rainbow over the garden.
And it's beautiful all the same.
But we can't have beautiful rainbows
Unless we first experience rain.
I guess it goes to show you
That we learn from thorns and rain -
But then receive roses and rainbows,
So you see it was worth all the pain!
Sincerely,
Mayor Andersen