HomeMy Public PortalAboutORD VETO_Moratorium on Construction_12011990ORDINANCE NO.
AN ORDINANCE FINDING THAT UNCONTROLLED
GROWTH WITHIN THE CITY OF IONA CREATES AN
IMMINENT PERIL TO THE PUBLIC HEALTH,
SAFETY AND WELFARE; DECLARING A MORATORIUM
UPON ALL CONSTRUCTION OF NEW RESIDENTIAL
AND COMMERCIAL STRUCTURES WITHIN THE CITY;
DECLARING REASONS FOR MORATORIUM;
PROVIDING FOR MORATORIUM PERIOD OF 120
DAYS AND ESTABLISHING PROCEDURE FOR
EXTENSION THEREOF; PROVIDING FOR EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF IONA, IDAHO THAT:
Section 1. The City Council of the City of Iona
hereby finds that uncontrolled growth within the City is
creating a burden upon City streets, utilities and services,
and that such growth creates a demand for new water mains,
sewer mains, streets and other public facilities. The City
Council further finds that construction of residential and
commercial structures without adequate construction standards
for appurtenant utilities, streets and storm drainage
facilities, and without appropriate procedures for processing
subdivision applications, creates an imminent peril to the
public health, safety and welfare, and that such peril
requires adoption of a moratorium on the constructir?11 of new
residential and commercial structures within the corporate
-1-
v
boundaries, until such time as an adequate and appropriate
subdivision ordinance can he prepared and adopted.
Section 2. A moratorium upon construction of new
residential and commercial structures within the corporate
boundaries is necessitated for the following reasons:
A. The construction. of such structures without
adequate provisions being made for storm drainage will create
potential for flooding of homes and structures with storm
drainage waters.
B. The construction of streets without adequate
and sound engineering standards will create hazards to the
public safety and will result in substandard street
construction, thereby increasing the burden upon the City of
maintaining the same.
C. In the absence of appropriate standards for
filing and processing subdivision plats, there is a strong
potential for disputes, legal actions and claims concerning
the conveyancing of lots and properties within the City.
D. Unrestricted construction of such structures
without adequate provisions being made for water and sewer
mains will create a public health hazard.
Section 3. The City Council hereby finds and
declares, based upon the foregoing, that an emergency exists,
and that it is otherwise authorized to adopt a moratorium
- 2 -
pursuant to the provisions of Idaho Code Sections 67-6523 and
67-6524.
Section 4. A moratorium upon the constriction of
all new residential and commercial structures within the City
of Iona is hereby declared and adopted. Nothing herein shall
prevent the renovation, rehabilitation or redevelopment of
existing residential and commercial structures or the
completion of any such structures for which a permit has been
issued prior to the effective date of this ordinance.
Section 5. This ordinance shall be effective for
a period of 120 days from the date hereof, provided the
moratorium may be extended for an additional 120 days if a
public hearing is conducted in accordance with the following
section.
Section 6. If the Council elects to extend the
moratorium set forth herein, it shall hold a public hearing
prior to the expiration of the first 120-day moratorium. At
least fifteen days prior to the date of the hearing, a notice
of the time and place and a summary of the proposed action
shall be published in the Post -Register. The City Clerk shall
also make available, upon request of any radio or television
station broadcasting within the City, a public service
announcement concerning such hearing.
-3-
Section 7. This Ordinance shall become effective
upon its passage, execution and publication in the manner
provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this
day of December, 1990.
ATTEST:
City Clerk
(SEAL)
Karen Hansen
Mayor
-4-
STATE OF IDAHO
County of Bonneville
I,
___ _ . , 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 Pnt9.tled, "API ORDINANCE FINDING
THAT UNCONTROLLED GROWTH WITHIN THE CITY OF IONA CREATES AN
IMMINENT PERIL TO THE PUBLIC HEALTH, SAFETY Amn WELFARE;
DECLARING A MORATORIUM UPON ALL CONSTRUCTION OF NEW
RESIDENTIAL AND COMMERCIAL STRUCTURES WTTNTM THE CITY;
DECLARING REASONS FOR MORATORIUM; PROVIDING FOP. MORATORIUM
PERIOD OF 120 DAYS AND ESTABLISHING PROCEDURE FOP EXTENSION
THEREOF; PROVIDING FOR EFFECTIVE DATE."
--
City Clerk
AA088/DHSD