HomeMy Public PortalAboutORD 128-2-08_Amending Day Care Center_01152008ORDINANCE NO. I c�6' -.)- C'
AN ORDINANCE AMENDING SECTION 11-1-5 OF THE CITY
CODE OF IONA, IDAHO; BEING A PART OF THE ZONING
ORDINANCE; AMENDING THE DEFINITION OF "DAY CARE
CENTER"; ESTABLISHING METHODOLOGY; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO, THAT:
Section 1. Amending of Section 11-1-5 of lona City Code. Section 11-1-5 of the
Iona City Code is 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:
DAIRY:
DAY CARE CENTER:
DETACHED BUILDING:
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.
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.
A building in which ninethirteen (913) 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.
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:
HOME OCCUPATION:
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.
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
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is carried on only by the immediate members of the
family residing within the dwelling place.
IBSD: The Iona -Bonneville Sewer District.
INDUSTRIAL, LIGHT:
INDUSTRIAL, HEAVY:
JUNK YARD:
KENNEL:
LIVESTOCK CONFINEMENT
OPERATION (LCO):
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.
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.
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.
A facility or property that boards or keeps more than
two (2) dogs at any one time for compensation or
remuneration of any kind.
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
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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:
MAIN BUILDING:
MANUFACTURED HOME:
MOBILE HOME:
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.
The building within which activities are conducted
which are most fundamental to the intended use of
the lot
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.
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
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NON -CONFORMING
BUILDING:
regulations of this Title, but which was in existence
and in conformity with existing regulations at the
effective date of this Title.
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
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STREET:
VARIANCE:
YARD:
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.
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.
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, height of buildings, or other ordinance
provision affecting the size or shape of a structure or
the placement of the structure upon lots, or the size
of lots.
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.
ZONING MAP: The map incorporated into this Title designating the
use for district zones.
Section 2. Methodology. For the purpose of this Ordinance, text that is
underlined in the preceding sections 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 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.
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Section 4. Effective Date. This Ordinance shall become effective upon its
passage, execution and publication within the manner provided by law, and shall be
effective with respect to all customer accounts billed after the date the Ordinance becomes
effective.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this I5 day of
T Gl1,tualiy , 2008.
ATTEST:
4 \I(Y)r\ka_01,4
Betty Mc in ay
City
Ci Clem
(Seal)
Brad Andersen
Mayor
7
STATE OF IDAHO
County of Bonneville
I. BETTY MCKINLAY, 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 AMENDING SECTION 11-1-5 OF THE CITY CODE OF IONA,
IDAHO; BEING A PART OF THE ZONING ORDINANCE; AMENDING THE DEFINITION
OF "DAY CARE CENTER"; ESTABLISHING METHODOLOGY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE. "
. i4 - 4
Betty McKie
City Clerk
G1WPDATADWS\2708 City of Iona\ORD\Zoning Ord.cmp.2v1.wpd:sm
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UltDINAIVI:L' NU. UN
AN ORDINANCE AMENDING SECTION 11-1-5 OF THE CITY CODE OF IONA, IDAHO; BEING A PART OF THE ZONING
ORDNANCE; AMENDING THE D FINMON OF "DAY CARE CENTER"; ESTABLISHING METHODOLOGY; PROVIDING
FOR SEVERABILITY; AND ESTAMISH NG EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT.
Seem L Amending of Section 11-1-5 (Ilona City Cad. Section 11-1-5 of the Iona City Code is hereby amended as foUaws:
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 viticultural crops and
„vegetable products of the soil, poultry and poultry products, livestock, field grains, seeds, hay, apiary and dairy products and the
processing far commercial purposes of livestock or agricultural commodities.
ALTERATIONS: Alterations," as applied to a butidingor 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 m height, or by thee:
of airy 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 ail 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 of persons, animals, chattels or property of any land.
CITY: The CSty of Iona, Idaho. `
CONDITIONAL USE: A use or occupancy or a structure, or use of land, permitted only upon i�uance of a 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.
DAYCARE CENTER: A building in whiChnise a c= (913) or more children, not related by blood or marriage to the person or
persons operating such centr, are regularly received ' provided with part-time custodial care in exchange for compensation or
remuneration of any kind.
DETACHED BUIIAING: 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 slot (6) months.
FRONTAGE: Any side en'alet Wirth *Min 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 purposes, and which occupation is carried on only by the immediate members of the
family residing within the dwelling place.
IBSD: The Iona -Bonneville Sewer District.
INDUSTRIAL, LIGHT`. Warehousing, whoiesaTmg, 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.¢ objecdonabie 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.
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 O ON (LCO): Any tot, corral, or facility where more than fifty (50) animal units of livestock,
exthnding annoalosix (6) months of age or younger, are confined, stabled or fed, or maintained for a total of two hundred forty (240) days
or mo ., in an co tive twelve (ve h 12 * o harvest residues are not
ram; � a� , _ _ -� ...
, labbils
1 animal
Horse 1 animal,=,
Sheep 5 animals
Poultry/Fowl 10 anneals
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 line is the boundary line that abuts a public street. For a corner
lot, the owner may select either street line as the front late. The rear lot line is the lot line or most nearly parallel to and most remote
from the front property lice. All other lot lams 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 theHUD/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 designated to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and
includes elmpiumbin& heating, air conditioning,and electrical systems contained therein, except that such term shall include any
Lb.„..mlet&M which tine manufacnuer
voluntarily fdes a certification required by the United States secretary of housing and urban development and complies whit thestandards'
established under 42 U.S.C. 5401 et seq.