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HomeMy Public PortalAboutORD 239-07-20_Fencing Permits_08182020Instrument 13 1652318 Bonneville County Idaho Falls, Idaho 08/19/2020 03:07:33 PM No. of Pages: 3 Recorded for: CITY IONA Penny Manning Fee: $0.00 Ex-Officicio Recorder Deputy __-_ Index to: ORDINANCE ORDINANCE NO. 239-07-20 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 11-11-19 OF THE IONA CITY CODE; REQUIRING LANDOWNERS TO OBTAIN A FENCE PERMIT UNDER THE SPECIFIED PROCEDURE; PROVIDING FOR METHODOLOGY AND SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 11-11-19 of the Iona City Code. Section 11-11-19 of the Iona City Code is amended as follows: 11-11-19: FENCES. Fences shall not exceed six (6) feet in height when located behind the front setback line of the building within the zone in which the fence is placed. Fences shall not exceed three (3) feet in height if located within the front yard (in front of the front setback line) unless such fence is constructed of material that allows clear vision for sight distance through the fence. If the fence is constructed of such material, it may be constructed to four (4) feet in height in the front yard area. All fences constructed must be permitted in accordance with the following provisions: (A) Permit Required. No person shall construct or substantially reconstruct any fence or other appurtenance performing a similar function without first obtaining a Fence Permit from the City. (B) Application for Permit. The application for permit must be accompanied by an application fee of $50.00, and shall provide the following information: (1) The applicant's name and address; (2) The landowner's name (if different); (3) The address at which the fence is being constructed or substantially reconstructed; (4) The legal description of the real property at which the fence is being constructed or substantially reconstructed; and An affirmation that the boundaries of the real property (including any easements near to or affecting the construction of the fence) have been accurately marked by survey or otherwise, including the date on which the locations were marked. (C) Site Inspection. Upon receipt of the completed application and application fee, the applicant shall schedule an appointment with the Division of Public Works, or other authorized agent on behalf of the City, to inspect the proposed location of the fence (5) together with the marked boundaries of the real property to ensure compliance with this Section, any other applicable provisions of the City Code and Idaho law, as well as the limitations of property boundaries, easements, and any other property interest. After conducting the site inspection, the Division of Public Works (or other authorized agent) may either approve the application or refer the application to the Council for consideration. Section 2. Methodology. Text that is underlined in the preceding sections 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. 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 upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this `Oi+- day , 2020. ATTEST: Aim W-e- Keri West City CIO( f .• St Dan Gubler Mayor STATE OF IDAHO ) )ss. County of Bonneville ) I, 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 11-11-19 OF THE IONA CITY CODE; REQUIRING LANDOWNERS TO OBTAIN A FENCE PERMIT UNDER THE SPECIFIED PROCEDURE; PROVIDING FOR METHODOLOGY AND SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." il(As .)/eaf Keri West City Clerk \\Law\data\WPDATA\DAR\_I Pending\2708-2020 City of Iona\ORDINANCES\Pence Boundaries ORD v02.docx