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HomeMy Public PortalAboutORD 232-08-19_Amend Chapter 11 Sections_08202019ORDINANCE NO. 232-08-19 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 11-1-5 OF THE IONA CITY CODE; REVISING THE DEFINITION OF HOME OCCUPATION; REPEALING AND REENACTING SECTIONS 11-11-12 AND II-11-13 OF THE IONA CITY CODE; REVISING CLASSIFICATIONS AND RESTRICTIONS ON HOME OCCUPATIONS; ADDING CERTAIN HOME OCCUPATIONS AS A PERMITTED USE OR A NEW CONDITIONAL USE TO ALL RESIDENTIAL ZONES BY AMENDING SECTIONS 11-3- 2, 11-3-3, 11-4-2, 11-4-3, 11-4A-2, I1-4A-3, 11-5-2, AND 11-5-3; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE 1T ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, 1DAHO THAT: Section 1. Amendment of Section 11-1-5 of the Iona City Code. The definition of Home Occupation in Section 11-1-5 of the Iona City Code is amended as follows: HOME OCCUPATION. Any gainful -business, operation, profession, or craft whieh-that: (a) is conducted in a residential -use zone established under Chapter 14, 4A, or 5 of this Title• aetd-ie whieh-the-use (bps incidental and secondary to the use of one building as a dwelling for dwelling purposes;; and fplwhich eeeupatien is carried on ex}yprimarily by the immediate members of the family residing on that to . Section 2. Methodology. Text that is underlined in the preceding section 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 or Code Section to another location is similarly shown as underlined text, being stricken through in its prior position. Instrument tt 1617577 Bonneville County Idaho Falls, Idaho 08/27/2019 01:25:39 Ph No, of Pages: 7 Recorded for: CITY OF IONA Penny Manning Fee: $0.00 Ex-0fficio Recorder Deputy Index to: ORDINANCE Page 1 of 7 Section 3. Repeal and Reenactment of Section 11-11-12 of the Iona City Code. Section 11-11-12 of the Iona City Code is hereby repealed, and a new Section 11-11-12 of the lona City Code is reenacted as follows: 11-11-12: HOME OCCUPATION CLASSIFICATIONS. Every Home Occupation, as defined in this Title, shall be classified into one of the following classifications: (A) Clerical Home Occupations. A "Clerical Home Occupation' is a Home Occupation that, regardless of the nature of the underlying business conducted, only uses one building for office, clerical, planning, file storage, or similar uses. (B) Service Home Occupations. A "Service Home Occupation' is a Home Occupation that provides services, documents, or intangible products. Examples include: professional skills, expertise, advice, salons, repair shops, schools, banks. (C) Small Service Home Occupations. A "Small Service Home Occupation' is a Service Home Occupation that is physically visited at the lot by fewer than ten individuals (regardless of whether such individuals are employees, vendors, customers, clients, or otherwise) per calendar month. (D) Merchandising Home Occupations. A "Merchandising Home Occupation' is a Home Occupation that buys and sells products without changing the form of the products. Examples include: retail merchants, distributors, and resellers. (E) Small Merchandising Home Occupations. A "Small Merchandising Home Occupation' is a Merchandising Home Occupation that is physically visited at the lot by fewer than ten individuals (regardless of whether such individuals are employees, vendors, customers, clients, or otherwise) per calendar month. (F) Manufacturing Home Occupations. A "Manufacturing Home Occupation' is a Home Occupation that consists only of one or more uses that are light industrial (as defined in this Title). (G) Industrial Home Occupations. An "Industrial Home Occupation' is a Home Occupation that includes a use that is heavy industrial (as defined in this Title). Section 4. Repeal and Reenactment of Section 11-11-13 of the Iona City Code. Section I 1-11-13 of the lona City Code is hereby repealed, and a new Section 11-11-13 of the Iona City Code is reenacted as follows: 11-I1-13: RESTRICTIONS UPON HOME OCCUPATIONS. It shall be an infraction if any person fails to comply with the restrictions upon any Home Occupation contained in this Section or to fail to obtain a conditional use permit if one is necessary for the operation of a Home Page 2 of 7 Occupation. Notwithstanding any other provision of this Code, no more than two Home Occupations shall be permitted on the same lot and each Home Occupation (as defined in this Title) is subject to the following restrictions, based on the classifications described and defined in this Chapter. (A) Clerical Home Occupations. A Clerical Home Occupation is a permitted use within any residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established in this Title), subject to the following provisions: (B) The outside appearance of the lot shall not be altered in any way to attract customers or signify the undertaking of the Clerical Home Occupation and there shall be no visible evidence of the conduct of such Clerical Home Occupation. (2) No significant traffic shall be generated by such Clerical Home Occupation and the dwelling shall only rarely, if ever, be visited by any customer. No equipment or process shall be used in such Clerical Home Occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses at any point outside the lot on which the dwelling is located. (4) No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the lot on which the dwelling is located, or which causes fluctuations in line voltage off the premises. (5) The business shall not create a nuisance to the surrounding neighborhood in the form of noise, odors, traffic generated, or in any other manner. Small Home Occupations. A Small Service Home Occupation or a Small Merchandising Home Occupation (together referred to in this Section as "Small Home Occupations) is a permitted use within any residential zone (Le., R-A, R-1, R-T, and R-2 zones, as established in this Title), subject to the following provisions: (I) (3) (1) The outside appearance of the lot shall not be altered in any way to attract customers or signify the undertaking of the Small Home Occupations and there shall be no visible evidence of the conduct of such Small Home Occupations. (2) The business shall continually satisfy the limitation of being visited by no more than ten individuals per calendar month, as specified in the definition of the Small Home Occupations in Section l 1-11-12. (3) No equipment or process shall be used in such Small Home Occupations that create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses at any point outside the lot on which the dwelling is located. (4) No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the lot on which the dwelling is located, or which causes fluctuations in line voltage off the premises. The business shall not create a nuisance to the surrounding neighborhood in the form of noise, odors, traffic generated, or in any other manner. (5) Page 3 of 7 The use of any building on the lot for the Service Home Occupation shall be clearly incidental and subordinate to their use for residential purposes by the occupants. Not more than 20% of the total square footage in the buildings shall be used in the conducting of the Service Home Occupation, and no portion of the Service Home Occupation shall occur on the lot outside the building in which the Service Home Occupation is located. (2) The outside appearance of the lot shall not be altered in any way to attract customers or signify the undertaking of the Service Home Occupation and there shall be no visible evidence of the conduct of such Service Home Occupation other than one sign, not exceeding two square feet in area, indirectly illuminated and mounted flat against the wall of the building in which the Service Home Occupation is located. No significant traffic shall be generated by such Service Home Occupation and any need for parking generated by the conduct of such Service Home Occupation shall meet the off-street parking requirements as specified in this Title and shall not be located in a required front yard. (4) No equipment or process shall be used in such Service Home Occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses at any point outside the lot on which the dwelling is located. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the lot on which the dwelling is located, or which causes fluctuations in line voltage off the premises. (6) The business shall not create a nuisance to the surrounding neighborhood in the form of noise, odors, traffic generated, or in any other manner. (D) Merchandising Home Occupations. A Merchandising Home Occupation is a conditional use within any residential zone (te., R-A, R-1, R-T, and R-2 zones, as established in this Title), subject to the following provisions and any other conditions imposed by the Council: (I) The use of any building on the lot for the Merchandising Home Occupation shall be clearly incidental and subordinate to their use for residential purposes by the occupants and not more than 20% of the total square footage in the buildings or 10% of the area of the lot on which the Merchandising Home Occupation is located (whichever is less) shall be used in conducting of the Merchandising Home Occupation. (2) The outside appearance of the lot shall not be altered in any way to attract customers or signify the undertaking of the Merchandising Home Occupation and there shall be no visible evidence of the conduct of such Merchandising Home Occupation other than one sign, not exceeding two square feet in area, indirectly illuminated and mounted flat against the wall of the building in which the Merchandising Home Occupation is located. (C) Service Home Occupations. A Service Home Occupation is a conditional use within any residential zone (te., R-A, R-1, R-T, and R-2 zones, as established in this Title), subject to the following provisions and any other conditions imposed by the Council: (1) (3) (5) Page 4 of 7 (F) No significant traffic shall be generated by such Merchandising Home Occupation and any need for parking generated by the conduct of such Merchandising Home Occupation shall meet the off-street parking requirements as specified in this Title and shall not be located in a required front yard. (4) No equipment or process shall be used in such Merchandising Home Occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses at any point outside the lot on which the dwelling is located. (5) No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the lot on which the dwelling is located, or which causes fluctuations in line voltage off the premises. (6) The business shall not create a nuisance to the surrounding neighborhood in the form of noise, odors, traffic generated, or in any other manner. (E) Manufacturing Home Occupations. A Manufacturing Home Occupation is not allowed within any residential zone (Le., R-A, R-1, R-T, and R-2 zones, as established in this Title). Industrial Home Occupations. An Industrial Home Occupation is not allowed within any residential zone (Le., R-A, R-1, R-T, and R-2 zones, as established in this Title). (3) Section 5. Addition of Certain Classes of Home Occupation as a Permitted Use in Residential Zones. Clerical Home Occupations are added as a permitted use in each of the residential zones established under Title 11 of the Iona City Code by adding "Clerical Home Occupations, Small Service Home Occupations, and Small Merchandising Home Occupations as defined in this Title and subject to the restrictions of Chapter 11 of this Title." as a new paragraph (F) to Section 11-3-2 of the lona City Code, while the current paragraph (F) is re -numbered as paragraph (G); as a new paragraph (F) to Section 11-4-2 of the Iona City Code, while the current paragraph (F) is re -numbered as paragraph (G); as a new paragraph (G) to Section 11-4A-2 of the Iona City Code, while the current paragraph (G) is re -numbered as paragraph (H); and as a new paragraph (E) to Section 11-5-2 of the lona City Code, while the current paragraph (E) is re- numbered as paragraph (F). Page 5 of 7 Section 6. Addition of Certain Classes of Home Occupation as a Conditional Use in Residential Zones. Service Home Occupations and Merchandising Home Occupations are added as a conditional use in each of the residential zones established under Title 11 of the Iona City Code by adding "Service Home Occupations and Merchandising Home Occupations, each as defined in this Title and subject to the restrictions of Chapter 11 of this Title." as a new paragraph (I I) to Section I I-3-3(B) of the lona City Code; as a new paragraph (8) to Section I I-4-3(B) of the Iona City Code; and as a new paragraph (2) to Section 11-5-3(B) of the Iona City Code. Further, Section 11-4A-3(bx5) of the Iona City Code is hereby repealed and reenacted as follows: "Service Home Occupations and Merchandising Home Occupations, each as defined in this Title and subject to the restrictions of Chapter I I of this Title." Section 7. 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 8. Effective Date. 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 thisay of August, 2019. ATTEST: ittu- Keri West City Clerk Dan Ciubler Mayor Page 6 of 7 STATE OF IDAHO ) )ss. County of Bonneville ) 1, KERI WEST, 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 11-1-5 OF THE IONA CITY CODE; REVISING THE DEFINITION OF HOME OCCUPATION; REPEALING AND REENACTING SECTIONS 11-11-12 AND 11-11-13 OF THE IONA CITY CODE; REVISING CLASSIFICATIONS AND RESTRICTIONS ON HOME OCCUPATIONS; ADDING CERTAIN HOME OCCUPATIONS AS A PERMITTED USE OR A NEW CONDITIONAL USE TO ALL RESIDENTIAL ZONES BY AMENDING SECTIONS 11-3-2, II-3-3, I1-4-2, 11-4-3, 11-4A-2, 11-4A-3, 11-5-2, AND 11-5-3; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." //(1LIN V V� Keri West City Clerk GAWPDATAIDARI_1 Pendint2708-2019 Coy of IooMORDINANCEMCondtl Use Home Biz ORD v04.docz Page 7 of 7