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Home My Public Portal AboutORD 118_Planning and Zoning Commission_02202007ORDINANCE NO. I AN ORDINANCE OF THE CITY OF IONA, IDAHO, ADOPTING A NEW CHAPTER 15, TITLE 11 OF THE IONA CITY CODE, BEING A PORTION OF THE ZONING ORDINANCE; ESTABLISHING PROCEDURES FOR APPLICATIONS AND THE ENFORCEMENT OF THE ZONING ORDINANCE AND SETTING FORTH THE POWERS AND DUTIES OF THE OFFICERS CHARGED WITH THE ADMINISTRATION AND ENFORCEMENT THEREOF; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Adoption of Chapter 15, Title 11, Iona City Code. A new Chapter 15, of Title 11, of the Iona City Code is hereby adopted in a form attached hereto as Exhibit "A" and by this reference made a part hereof. Section 2. 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 3. 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 :14f day of 16444, 4 (1.12 ►1 28A6. ATTEST: Beinlay City • - (Seal) Brad Anderson Mayor 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, ADOPTING A NEW CHAPTER 15, TITLE 11 OF THE IONA CITY CODE, BEING A PORTION OF THE ZONING ORDINANCE; ESTABLISHING PROCEDURES FOR APPLICATIONS AND THE ENFORCEMENT OF THE ZONING ORDINANCE AND SETTING FORTH THE POWERS AND DUTIES OF THE OFFICERS CHARGED WITH THE ADMINISTRATION AND ENFORCEMENT THEREOF; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE. " Betty MI . y City Cle . G:\WPDATA\DWS\2708 City of Iona\ORD\Enforcement and Administration.ORD.wpd:sm 2 CHAPTER 15 ENFORCEMENT AND ADMINISTRATION SECTION: 11-15-1: Office of Zoning Administrator and Building Official 11-15-2: Application and Plans Required 11-15-3: Building Permits Required 11-15-4: Powers and Duties of the Enforcing Officers 11-15-5: Permits to Comply With Ordinance 11-15-6: Certificate of Occupancy 11-15-7: Construction and Use to be Stated in Applications, Plans, Permits and Certificates of Occupancy 11-15-8: Establishment of Planning and Zoning Commission 11-15-9: Organization of Planning and Zoning Commission 11-15-10: Rules, Records and Meetings 11-15-11: Expenditures 11-15-12: Duties of Planning and Zoning Commission 11-15-13: Conflict of Interests 11-15-1: OFFICE OF ZONING ADMINISTRATOR AND BUILDING OFFICIAL: The Mayor may, with the advice and consent of the City Council appoint a Zoning Administrator to enforce and administer the provisions of this chapter. The Zoning Administrator may also be the chairperson of the Planning and Zoning Commission. The Mayor may in a similar fashion appoint a Building Official. The Building Official shall report to and be supervised on a day to day basis by the Zoning Administrator and shall be the officer charged with the administration and enforcement of this Zoning Ordinance, the Subdivision Ordinance, and with the administration and enforcement of the Building Codes. Unless otherwise specified, the Mayor, with the advice and consent of the City Council may from time to time entrust the administration and enforcement of these Ordinances, in whole or in part, to any other officer of the City. 11-15-2: APPLICATION AND PLANS REQUIRED: Any person, firm or corporation desiring to construct a building in the City, shall first apply for a permit by making application therefor to the Building Official. All applications for building permits shall be accompanied by a plot plan showing the size and location of the existing buildings and parking, landscaping, vehicular access, buildings to be erected and such other items as may be required by the Zoning Administrator. The plot plan shall also show the zone in which a lot or parcel of land is located. 11-15-3: BUILDING PERMITS REQUIRED: It shall be unlawful to erect, construct, move or structurally alter any building or structure, or any part thereof, until after a written permit to do so has been issued by the Building Official. 11-15-4: POWERS AND DUTIES OF THE ENFORCING OFFICERS: It shall be the duty of the Zoning Administrator and/or Building Official or other designated official to inspect or cause to be inspected all buildings in the course of construction or repair. He/She shall enforce all provisions of this Ordinance and shall refer all violations to the City Prosecutor, entering actions in the courts when necessary, but his/her failure to do so shall not legalize any violation of such provisions, nor shall the failure of the City Prosecutor to enter actions in the courts shall not legalize any violation of such provisions. 11-15-5: PERMITS TO COMPLY WITH ORDINANCE: From and after the effective date of this Ordinance, neither the Zoning Administrator nor the Building Official shall grant a permit for the construction of any building or structure, or for the moving of a building or structure onto a lot, or for the change in any use of land, building structure if such construction, alteration, moving or change in use would be in violation of any of the provisions of this Title, nor shall any other officer of the City grant any permit or license for the use of any building or land if such would be in violation of this Code. 11-15-6: CERTIFICATE OF OCCUPANCY: It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, erected, altered, changed, or converted wholly or partly in its use or structure until a Certificate of Occupancy to the effect that the building or premises or the part thereof so created, erected, altered, changed or converted and the proposed use thereof conforms to the provisions of this Code shall have been issued by the Building Official. It shall be the duty of the Building Official to issue a Certificate of Occupancy within ten (10) days after a request for same shall have been filed in his office by any owner of a building or premises affected by this Title, provided said building or premises or the part thereof so created, erected, altered, changed or converted and the proposed use thereof conform with all the requirements herein set forth. 11-15-7: CONSTRUCTION AND USE TO BE STATED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY: Building permits or Certificates of Occupancy issued on the basis of plans and applications approved by the Building Official authorizes only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangements, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter, and punishable as provided herein. 11-15-8: ESTABLISHMENT OF PLANNING AND ZONING COMMISSION: The Iona Planning and Zoning Commission is hereby established and shall be comprised of at least five (5) voting members, all of whom shall be appointed by the Mayor and confirmed by majority of the City Council. Each member of the Commission must have resided in Bonneville County for a period of at least two (2) years prior to the date of his or her appointment and must remain a resident of Bonneville County throughout his or her service on the Commission. The term of office for the members of the Commission shall be for a period of three (3) years, provided that the initial appointment of one of the members shall be for a period of one (1) year and two (2) of the members shall be for a period of two (2) years. No person shall serve on the Commission for more than two (2) full consecutive terms without specific concurrence by a vote of at least three (3) members of the City Council, which votes shall be recorded in the minutes. Vacancies in the term of any member shall be filled in the same manner as the original appointment. Members of the Commission may be removed for cause by a majority vote of the City Council. Members of the Commission shall be selected without respect to political affiliation. In appointing such members the Mayor and City Council shall consider the various areas and interests within the City and ensure that the same are broadly represented on the Commission. 11-15-9: ORGANIZATION OF PLANNING AND ZONING COMMISSION: By appointment by the Mayor and City Council, the Commission shall elect a chairperson and a secretary. The Commission may also establish subcommittees, advisory committees, or neighborhood groups to assist and advise in carrying out its responsibilities under this chapter. The Commission may also appoint non -voting ex officio advisors as deemed necessary. 11-15-10: RULES, RECORDS AND MEETINGS: The Planning and Zoning Commission shall adopt written bylaws consistent with the provisions of this chapter and the Idaho Local Land Use Planning Act. The Commission shall provide for the taking of minutes of all meetings, hearings and for the maintaining of a record of all the resolutions, studies, findings, permits and actions taken by the Commission. All meetings and records shall be open to the public. The Commission shall conduct at least one (1) meeting per month for not less than nine (9) months in a calendar year. A majority of the voting members of the Commission shall constitute a quorum. 11-15-11: EXPENDITURES: Subject to the budgetary process adopted and approved by the Mayor and City Council, the Planning and Zoning Commission may expend funds and purchase goods and services and contract for professional services, all as necessary to undertake and fulfill its purposes and duties under the provisions of this chapter. Without limiting the foregoing, the Commission may hire or contract for the services of professional planners, engineers, architects or legal assistance. 11-15-12: DUTIES OF PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission shall have the following duties: (A) To hear and consider and make recommendations to the City Council regarding applications for variances, conditional use permits, zoning requests, PUD's or other permits as expressly allowed under the provisions of this chapter. (B) To advise and make recommendations to the City Council with respect to the adoption of a comprehensive plan, zoning ordinance, area of impact and amendments thereto, all in accordance with the notice and hearing procedures set forth in the Idaho Local Land Use Planning Act. (C) To consider and make recommendations to the City Council regarding the annexation of property into the City and to further make recommendations concerning the zoning and rezoning thereof. r (D) To consider and make recommendations to the City Council regarding amendments to the subdivision ordinance, and to conduct hearings when expressly required by the subdivision ordinance. (E) To undertake and perform such other duties as may be expressly set forth in other provisions of this chapter. (F) Make recommendations to the City Council concerning the comprehensive plan, planning process or implementation of the comprehensive plan. (G) Conduct citizen hearings, meetings, surveys or obtain advice regarding the comprehensive planning process, comprehensive plan and its implementation. The Commission may also conduct informational meetings and consult with public officials and agencies, public utilities and civic, educational, professional or other organizations. (H) The Planning and Zoning Commission shall have the duty of conducting a comprehensive planning process designed to prepare, implement and review and update the Comprehensive Plan, all as provided in accordance with Idaho Code § 67-6508. The adoption, amendment and/or repeal of the plan shall be consistent with the provisions of Idaho Code § 67-6509. (1) Appoint a hearing examiner, including a professionally trained or licensed planner, engineer or architect for the purpose of conducting hearing applications for subdivision, special use and variance permits and requests for zoning district boundary changes, all as provided under Idaho Code § 67-6520. 11-15-13: CONFLICT OF INTERESTS: No member of the Commission shall participate in any proceeding or action when he or she or his or her employer, business partner, business associate or any person related to him or her by affinity or consanguinity within the second degree as an economic interest in the proceeding or proposed action. Any actual or potential interest in said proceeding shall be disclosed at or before the meeting in which the action is being heard or considered. No member of the Commission shall participate in any deliberation or in any aspect of the decision making process if he or she has a conflict of interest as provided under Idaho Code § 67-6506. G:\WPDATA\DWS\2708 City of lona\ORD\Enforcement and Administration Chapter.wpd:sm Law Offices HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C. KENT W. FOSTER ROBERT E. FARNAM WILLIAM D. FALER CHARLES A. HOMER GARY L. MEIKLE DONALD L. HARRIS DALE W.STORER MARIE T. TYLER FREDERICK J. HAHN, III KARL R. DECKER SHAN B. PERRY DEANNE CASPERSON** AMELIA A. SHEETS ROBERT L. HARRIS DEBORAH S. O'MALLEY **Also licensed in Missouri and Kansas Mayor Brad Andersen City of Iona P. O. Box 487 Iona, Idaho 83427 1000 RIVERWALK DRIVE, SUITE 200 P.O. BOX 50130 IDAHO FALLS, IDAHO 83405 TELEPHONE (208) 523-0620 FACSIMILE (208) 523-9518 E-MAIL DSTORERAHOLDENLEGAL.COM November 29, 2006 Re: Zoning Ordinance -.Planning and Zoning Commission Dear Brad: Arthur W. Holden (1877-1967) Robert B. Holden (1911-1971) Terry L. Crapo (1939-1982) William S. Holden (1907-1988) Of Counsel Fred J. Hahn Attached please find draft copies of two (2) Ordinances amending the Iona Zoning Ordinance for the purpose of establishing a Planning and Zoning Commission. The first ordinance repealing and re-enacting Chapter 14, Title 11 is for administrative purposes only and makes no substantive change. The second ordinance adopting a new Chapter 15, provides for the establishment of the offices of a Zoning Administrator and Building Official and a Planning and Zoning Commission. Will you kindly review these Ordinances and discuss the same with the City Council to determine if the same meets with your approval. Once the Ordinances are in a form ready for adoption, it will be necessary to conduct a public hearing for the City Council, following publication of a notice in the Post Register. I will be happy to assist you in that process. If you have any questions please feel free to call. Very truly yours, Dale W. Storer Attorney at Law Enclosures G:\WPDATA\DWS\2708 City oflona\CORRES\Brad Anderson 1129061tr.wpd:sm NOTICE OF HEARING NOTICE IS HEREBY GIVEN that on the (AG- day of February, 2007, at the hour of seven o'clock a.m. at the City of Iona City Hall, 3548 North Main Street, Iona, Idaho, the City Council of the City of Iona will conduct a public hearing to consider the adoption of an ordinance providing for the establishment of a planning and zoning commission. 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 (- day of February, 2007. Betty Mc i City Clerk - Publish: Fifteen (15) days prior to hearing date. G:\WPDATA\DWS\2708 City of Iona \ DOCS\PublicNotice.5.wpdsm 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 -1-880- 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 2 consecutive (days) weeks, first publication having been made on the 14TH day of NOVEMBER 2007, last publication having been made on the 4TH day of DECEMBER 2007 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 5TH day of DECEMBER 2007 Notary PAIlt My commission expires January 10, 2009 Credit PUBLIC }TEARING NOTICE The City of Iona Planning and Zon- ing Commission, pursuant to Idaho Code 67-6509, will conduct a public hearing on the proposal to adopt a new comprehensive plan for the city limits and area of city impact of the City of Iona, Idaho. The Iona Planning and Zoning Commission will conduct a hearing on the proposed adoption at 6:00 pm, November 28th, 2007 in the city council chambers of the Iona Community Center. The City Council will also conduct a public hearing to consider the plan and the planning and zoning rec- ommendation on adoption of said plan at a public hearing on Decem- ber 18th, 2007 at 6:00 pm at the city council chambers at the Iona Community Center. The chairperson at these meetings may impose reasonable limits on the statements given to assure comple- tion of the meeting agenda and opportunity for all to speak. If you need communication aids, services or other accommodations to participate, please call 523-5600 so we can adequately meet your needs. Written comment for the Planning and Zoning Hearing will be accepted up until 5 00_pm November 21 st, 2007 or close of business one week prior to the hearings or via US Mail to the Iona City Hall, PO Box 487, lona, Idaho 83427. Comments may also be sent via E-Mail to ionaC?a chyofiona.oria or hand delivered to City Hall. Written comment for the City Coun- cil Hearing will be accepted up until 5:00 pm December 11th, 2007 or close of business one week prior to the hearings at the same addresses listed abpve. Copies of the Draft Comprehensive Plan are available for review during normal business hours at City Hall and will be available Online at www.cityofiona.or% Public Participation and Comment is Welcome and Encouraged. Published: November 14, December 4, 2007 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 i consecutive (days) weeks, first publication having been made on the 6Tx day of FEBRUARY 2007, last publication having been made on the 6Tx day of FEBRUARY 2007 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 7TH day of FEBRUARY 2007 Nary Public My commission expires January 10, 2009 Credit NOTICE OF HEARING NOTICE IS HEREBY GIVEN that on the 20th day of February, 2007, at the hour of seven o'clock a.m. at the City of Iona City Hall, 3548 North Main Street, Iona, Idaho, the City Council of the City of Iona will con- duct a public hearing to consider the adaption of an ordinance providing for the establishment of a planning - and zoning commission. 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 1st day of February, 2007. Betty McKinlay City Clerk Published: February 6, 2007