HomeMy Public PortalAboutTitle 11, Chapter 01- Scope, Definitions, and Establishment of DistrictsTITLE 11 IONA CITY CODE
CHAPTER 1 (Revision: December 7, 2023) Page 298
CHAPTER 1 Scope, Definitions, and Establishment of Districts
SECTION:
11-1-1: Short Title
11-1-2: Authority
11-1-3: Purpose
11-1-4: Scope
11-1-5: Definitions
11-1-6: Establishment of Districts
11-1-7: Zoning Map and Interpretation of District Boundaries
11-1-8: Zoning Map Amendment Procedures
11-1-9: Uses Prohibited
11-1-10: Zoning and Land Use Change Applications
11-1-1: SHORT TITLE. This Title shall be known and may be cited as the “Zoning
Ordinance of the City of Iona.”
(Ord. 170-01-13, 1/15/2013).
11-1-2: AUTHORITY. This Zoning Ordinance is adopted pursuant to authority granted
by Title 67, Chapter 65 of the Idaho Code, and Article 12, Section 2 of the Idaho Constitution.
(Ord. 170-01-13, 1/15/2013).
11-1-3: PURPOSE. The purpose of this Title is to promote the public health, safety and
welfare, retain and enhance the aesthetics of the community, preserve and enhance land values,
separate incompatible uses, promote security within the community, protect the public safety,
facilitate adequate fire protection and avoid undue concentration of population.
(Ord. 170-01-13, 1/15/2013).
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11-1-4: SCOPE. Where this Title imposes greater restrictions upon land, buildings or
structures than are imposed or required by existing provisions of law, ordinance, contract or deed,
the provisions of this Title shall control.
(Ord. 170-01-13, 1/15/2013).
11-1-5: DEFINITIONS.
(A) The following definitions shall apply to terms used in this Title (and, when not inconsistent
with the context, words used in the present tense include the future tense and words in the
plural include the singular and vice versa), unless the context clearly indicates otherwise:
(1) ACCESSORY USE OR
BUILDING:
A subordinate use or building customarily
incident to and located upon the same lot
with the primary use or building, which
does not duplicate or replace the primary
use, but which is normal given such
primary use and is merely supportive of the
primary use. The definition of accessory
building shall include, but not be limited
to, any accessory use conducted in one or
more shipping containers.
(2) AGRICULTURAL 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.
(3) 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.
(4) 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.
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(5) 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.
(6) CITY: The City of Iona, Idaho.
(7) CONDITIONAL USE: 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.
(8) 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.
(9) DAY CARE CENTER: A building in which thirteen (13) 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.
(10) DETACHED BUILDING: 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.
(11) DOG: Any animal of the canine species which is
older than six (6) months.
(12) FRONTAGE: Any side of a lot which abuts a public
street.
(13) 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
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to the street upon which the primary
entrance to the main building faces.
(14) HOME OCCUPATION: Any business, operation, profession, or
craft that: (a) is conducted in a residential
zone established under Chapter 3, 4, 4A, or
5 of this Title; (b) is incidental and
secondary to the use of the dwelling for
dwelling purposes; and (c) which is carried
on primarily by the immediate members of
the family residing on that lot.
(15) IBSD: The Iona-Bonneville Sewer District.
(16) INDUSTRIAL, LIGHT: 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.
(17) INDUSTRIAL, HEAVY: 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.
(18) 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.
(19) 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.
(20) LIVESTOCK
CONFINEMENT
OPERATION (LCO):
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
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(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
(21) 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.
(22) LOT COVERAGE: The area of a lot occupied by the principal
building or buildings and accessory
buildings.
(23) LOT LINE: 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.
(24) MAIN BUILDING: The building within which activities are
conducted which are most fundamental to
the intended use of the lot.
(25) MANUFACTURED HOME: 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)
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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.
(26) MOBILE HOME: 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.
(27) NON-CONFORMING USE: A use of premises which does not conform
to the regulations of this Title, but which
was in existence and in conformity with
existing regulations at the effective date of
this Title.
(28) NON-CONFORMING
BUILDING:
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.
(29) 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
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significantly detrimental effect upon the
property of another person or to the
community.
(30) 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.
(31) 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.
(32) SIGN: An entire or any part of a structure, natural
object (such as tree, rock, bush or the
ground itself), or man-made object that is
displayed to the public to (a) communicate
any message; (b) attract attention to any
object, product, place, activity, person,
institution, organization, or business,
and/or (c) include any letter, word, image,
symbol, banner, insignia, device, or
representation.
(33) STREET: 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,
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throughway, road, avenue, boulevard,
land, place and other such terms.
(34) VARIANCE: 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.
(35) YARD: 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.
(36) YARD, FRONT: A yard lying between the front lot line and
the nearest foundation lime of the main
building and extending across the full
width of the lot.
(37) YARD, REAR: A yard lying between the rear lot line and
the nearest foundation line of the main
building and extending across the full
width of the lot. In the case of corner lot
where the building fronts on a side street,
the rear yard may be established from the
rear of the house to the side property line.
(38) YARD, REQUIRED: The open space around building as
required by the Zoning Ordinance.
(39) YARD, SIDE: An open space between the side of the
main building and the side line of the lot
and extending from the front yard to the
rear yard.
(40) ZONING MAP: The map incorporated into this Title
designating the use for district zones.
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(Ord. 128, 1/15/2008); (Ord. 145-03-09, 9/8/2009); (Ord. 170-01-13, 1/15/2013); (Ord. 232-08-
19, 8/20/2019); (Ord. 272-10-21, 10/19/2021); (Ord. 274-01-22, 1/18/2022); (Ord. 296-10-23,
10/17/2023).
11-1-6: ESTABLISHMENT OF DISTRICTS.
(A) Use Districts Established. For the purposes of this Title the following Use Districts are
hereby established:
(1) Agricultural (A) District
(2) Residential-Agricultural (RA) District
(3) Residential (R-1) District
(4) Residential (R-2) District
(5) Residential Townhouse (R-T) District
(6) Commercial (C) District
(7) Industrial (I) District
(Ord. 170-01-13, 1/15/2013).
11-1-7: ZONING MAP AND INTERPRETATION OF DISTRICT BOUNDARIES.
(A) The boundaries of the Use Districts shall be determined and defined by the adoption of a
zoning map on which are shown the boundaries of the Use Districts, which map is adopted
as part of this Title. The City Clerk shall at all times maintain an accurate and current
zoning map in his or her office at the Iona City Hall.
(B) As much as possible zoning district boundaries shall fall at the back property line so that
like uses will be facing each other.
(C) Where any such boundary line is indicated as following a street, alley or public right of
way, it shall be construed as following the centerline thereof.
(D) Where a boundary line is indicated as approximately following a lot line, such lot line shall
be construed to be such boundary line.
(E) If a lot which was platted or recorded prior to the adoption of this Title, is split by two (2)
different zones, the lot shall be considered, in whole, zoned to that use in which a majority
of the lot is zoned.
(Ord. 170-01-13, 1/15/2013).
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11-1-8: ZONING MAP AMENDMENT PROCEDURES.
(A) All amendments of the official zoning map shall follow the procedure set forth in Title 67,
Chapter 65 of the Idaho Code. In conformance with notice and hearing procedures
established by law, the Iona City Council shall make the final decision of approval,
conditional approval or disapproval of all applications for initial zoning or rezoning of
property within the City.
(Ord. 170-01-13, 1/15/2013).
11-1-9: USES PROHIBITED. It shall be unlawful to use, occupy, inhabit or construct
any structure or building within the City of Iona, unless such use is expressly permitted by the
provisions of this Chapter.
(Ord. 145-03-09, 9/8/2009); (Ord. 170-01-13, 1/15/2013).
11-1-10: ZONING AND LAND USE CHANGE APPLICATIONS. All applications for
zoning and/or land use changes (e.g., original zoning, rezoning, conditional use permits, and
variances) shall
(A) be submitted in writing, by fully completing the applicable form adopted by the City Clerk,
(B) contain or incorporate all such information required by this Zoning Ordinance or otherwise
necessary to enable the City Council to determine whether the proposed change or use will
comply with the provisions of this Zoning Ordinance; and
(C) accompanied by the applicable filing fee adopted by resolution of the City Council.
(Ord. 274-01-22, 1/18/2022).