The URL can be used to link to this page

Home My Public Portal AboutORD 119_Approving Variances_03272007ORDINANCE NO. liQ AN ORDINANCE OF THE CITY OF IONA, IDAHO, REPEALING AND REENACTING CHAPTER 14, TITLE 11 OF THE IONA CITY CODE, RELATING TO THE PROCEDURE FOR APPROVING VARIANCES TO THE CITY ZONING ORDINANCE, PROVIDING FOR PRESERVATION OF PRIOR ORDINANCE, PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS AND ESTABLISHING EFFECTIVE DATE OF THE ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Repeal of Chapter 14, Title 11, Iona City Code. Chapter 14, of Title 11 of the Iona City Code, Idaho, is hereby repealed and re-enacted in a form set forth in Exhibit "A" attached hereto and by this reference made a part hereof. Section 2. Preservation of Prior Ordinance. The sections of the City Code repealed by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior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. 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. Section 4. Effective Date This Ordinance shall become effective on its passage, execution and publication in the manner provided by law. V7 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 1.1 day of ' � ? ► .-612Nitk-c..4-4A.co-J Brad Anderson Mayor Y ATTEST: Betty McKinlay City Clerk (SEAL) 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 OF THE CITY OF IONA, IDAHO, REPEALING AND REENACTING CHAPTER 14, TITLE 11 OF THE IONA CITY CODE, RELATING TO THE PROCEDURE FOR APPROVING VARIANCES TO THE CITY ZONING ORDINANCE, PROVIDING FOR PRESERVATION OF PRIOR ORDINANCE, PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS AND ESTABLISHING EFFECTIVE DATE OF THE ORDINANCE." G:\WPDATA\DWS\2708 City of Iona\ORD\Zoning Ordinance.wpd:sm Betty McKinla City Clerk 2 r SECTION: 11-14-1: 11-14-2: 11-14-3: 11-14-4: Exhibit A CHAPTER 14 VARIANCES Administrative Procedures Applications for Variances Hearing Before Planning and Zoning Commission Hearing Before City Council 11-14-1: ADMINISTRATIVE PROCEDURES: Upon receipt of an application for a variance, the City Clerk shall forward the application to the chairperson of the Planning and Zoning Commission. Upon receipt thereof, such chairperson shall follow the notification and public hearing requirements specified in Title 67 of Idaho Code. All applications must be signed by all property owners in question. All applications for a variance shall include therein the names and mailing address of all property owners located within three hundred (300) feet of the property for which the variance is requested. 11-14-2: APPLICATION FOR VARIANCES: (A) Applications for variances to this Title may be granted when they are not contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this Title will result in an unnecessary hardship because of the physical characteristics of the site. A variance is a modification of the requirements of this Title such as minimum lot size, width, depth, setbacks affecting the size or shape of the structure or the placement of the structure upon lots, or the size of the lots. A variance shall not be considered a right or privilege and will only be granted to the applicant if hardship is proven and it is not in conflict with the public interest. (B) The applicant shall provide proof of the following in his or her application: 1. A description of the physical characteristics of the site that causes a hardship. 2. A description of the hardship why application of the provisions of this zoning ordinance imposes undue burdens upon the property owner. 3. Evidence that the hardship was not caused by the owner, or previous c «, owners, through their own actions. 11-14-3: HEARING BEFORE PLANNING AND ZONING COMMISSION: At the hearing before the Planning and Zoning Commission, the applicant shall submit proof of his or her qualification for a variance under the conditions set forth in 11-14- 2(B) of this Code. The Commission shall also forward all other interested persons to submit testimony and evidence concerning the applicants eligibility and qualification for a variance. At the conclusion of the hearing, the Planning and Zoning Commission shall issue its recommendation to the city council whether to grant or deny the variance. If the Commission recommends denial of the variance, the Commission shall specify in writing the reasons why the variance was recommended for denial. The Chairman of the Planning and Zoning Commission shall promptly forward such written recommendation to the City Clerk. 11-14-4: HEARING BEFORE CITY COUNCIL: Upon receipt of the written recommendation from the Planning and Zoning Commission, the City Clerk shall notify the Mayor of such recommendation and shall schedule a public hearing before the City Council for consideration of the variance application. The City Clerk shall also cause a notification to be published in the official newspaper in accordance with the provisions set forth in Title 67 of the Idaho Code. The City Clerk shall also cause a written notice to be mailed to all property owners located within three hundred (300) feet of the boundaries of the property for which the application for a variance is requested. At the public hearing, the City Council shall afford the applicant an opportunity to present testimony and evidence of the reasons why the application should be granted and shall afford all other interested persons an opportunity to present testimony and evidence at the hearing regarding the variance. At the conclusion of the hearing, the City Council shall grant or deny the variance or take the matter under consideration for determination at a later date. At the time the Council grants or denies the variance it shall set forth its decision in writing, setting forth the facts upon which it basis its decision and the reasons why the variance is granted or denied. a\WPDATA\DWS\2708 City of Iona\ORD\Zoning Ordinance Exhibit A.wpd:sm r Proof of Publication The Post Register State of Idaho County of Bonneville I, Dan Moore, 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 consecutive (days) weeks, first publication having been made on the 13TH day of MARCH 2O07, last publication having been made on the 13TH day of MARCH 2O07 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. Subscribed and sworn to before me, this 14TH day of MARCH 2O07 z. . Notary Rilaic My commission expires January 10, 2009 Credit NOTICE OF HEARING NOTICE IS HEREBY GIVEN that on the 27th day of March, 2007, at the hour of seven o'clock p.m. at the City of Iona City Hall, 3548 North Main Street, Iona, Idaho, the City Council of the City of lona will con- duct a public hearing to consider an Ordinance of the City of lona, Idaho repealing and reenacting Chapter 14, Title 11 of the lona City Code, relating to the procedure for approving variances to the City Zoning Ordinance, providing for preservation of prior ordinance, pro- viding for severability of ordinance provisions and establishing effective date of the ordinance. All interested citizens are invited to attend and provide public comment upon such proposed ordinance. A copy of the proposed ordinance may be obtained by contacting the City Clerk at the offices of the City Clerk, 3548 N. Main Street, Iona, Idaho. DATED this 9th day of March 2007. Betty McKinlay City Clerk Published: March 13, 2007