HomeMy Public PortalAboutORD 144-02-02_Amending Zoning Sec.11-4-2 Providing For Chickens_09082009�� e
O R D I N A N C E N O . I f " I �� ` 0 , 9 ' D I
A N O R D I N A N C E O F T H E C I T Y O F I O N A , I D A H O ,
A M E N D I N G S E C T I O N 1 1 - 4 - 2 O F T H E I O N A C I T Y C O D E ;
A D O P T I N G A N E W S E C T I O N P R O V I D I N G F O R T H E
K E E P I N G O F D O M E S T I C H E N S ; P R O V I D I N G F O R
M E T H O D O L O G Y ; P R E S E R V I N G P R I O R O R D I N A N C E ;
P R O V I D I N G F O R S E V E R A B I L I T Y ; A N D E S T A B L I S H I N G A N
E F F E C T I V E D A T E .
B E I T O R D A I N E D B Y T H E M A Y O R A N D C I T Y C O U N C I L O F T H E C I T Y O F I O N A ,
I D A H O , T H A T :
S e c t i o n 1 . A m e n d m e n t o f S e c t i o n 1 1 - 4 - 2 , I o n a C i t y C o d e . S e c t i o n 1 1 - 4 - 2 o f
t h e C i t y C o d e o f I o n a , I d a h o , i s h e r e b y a m e n d e d a s f o l l o w s :
1 1 - 4 - 2 : P E R M I T T E D U S E S : T h e f o l l o w i n g u s e s a r e a l l o w e d i n t h e R - 1 z o n e .
( A ) S i n g l e f a m i l y d w e l l i n g s .
( B ) M a n u f a c t u r e d h o m e s m e e t i n g t h e f o l l o w i n g c o n d i t i o n s :
1 . T h e m a n u f a c t u r e d h o m e s h a l l b e m u l t i - s e c t i o n a l a n d e n c l o s e a s p a c e o f n o t
l e s s t h a n o n e t h o u s a n d ( 1 , 0 0 0 ) s q u a r e f e e t .
2 . T h e m a n u f a c t u r e d h o m e s h a l l b e p l a c e d o n a n e x c a v a t e d a n d b a c k - f i l l e d ,
p e r m a n e n t f o u n d a t i o n a n d e n c l o s e d a t t h e p e r i m e t e r s u c h t h a t t h e h o m e i s
l o c a t e d n o t m o r e t h a n t w e l v e ( 1 2 ) i n c h e s a b o v e g r a d e .
3 . T h e m a n u f a c t u r e d h o m e s h a l l h a v e a p i t c h e d r o o f w i t h a s l o p e o f a t l e a s t
t h r e e ( 3 ) f e e t i n h e i g h t f o r e a c h t w e l v e ( 1 2 ) f e e t i n w i d t h .
4 . T h e m a n u f a c t u r e d h o m e s h a l l h a v e e x t e r i o r s i d i n g a n d r o o f i n g w h i c h i n c o l o r ,
m a t e r i a l a n d a p p e a r a n c e i s s i m i l a r t o t h e e x t e r i o r s i d i n g a n d r o o f i n g m a t e r i a l
c o m m o n l y u s e d o n r e s i d e n t i a l d w e l l i n g s w i t h i n t h e c o m m u n i t y o r w h i c h i s
c o m p a r a b l e t o t h e p r e d o m i n a n t m a t e r i a l s u s e d o n s u r r o u n d i n g d w e l l i n g s a s
d e t e r m i n e d b y t h e C i t y C o u n c i l .
5 . T h e m a n u f a c t u r e d h o m e s h a l l h a v e a g a r a g e o r c a r p o r t c o n s t r u c t e d o f l i k e
m a t e r i a l s .
6 . A d d i t i o n s t o a m a n u f a c t u r e d h o m e s h a l l b e o f c o m p a t i b l e c o n s t r u c t i o n u s i n g
l i k e m a t e r i a l s .
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 half (Y2) acre 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. Adoption of 11-4-12, lona City Code. A new section 11-4-12 of the
lona City Code is hereby adopted 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-half (1/2) acre 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
September, 2009.
ATTEST:
Ro yn yes
City Clerk
(SEAL)
``g`(N,KFyF'.
•
•
NOTARY
%*%. PUBL\G
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\DWS\2708 City of Iona\ORD\Domestic Hens.ORD.cmp.3v1.wpd:sm
3�6�Robyn K yes
City Clerk
-5-
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
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 ( day of Oc - , 2009.
Brad D. Andersen, Mayor //
SUBSCRIBED and SWORN to before me this 5l day of ad-44-6�
2009.
Ni C blk fo t e State of Idaho
Residing at (2,14 7c rr(c
My commission expires Oc
ly
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 28th and
6:30 a.m. on September 29th 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 14th 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 $431,000.00
Equipment Replacement $ 90,000.00
WATER FUND:
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