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HomeMy Public PortalAboutORD 253-03-21_Emergency Wells_03162021 Instrument 11 1678598 Bonneville County Idaho Falls, Idaho 03/18/2021 10:04:51 AM No. of Pages: 5 Recorded for: CITY OF IONA Penny Manning Fee: $0.00 Ex-Officio Recorder Deputy Index to: ORDINANCE ORDINANCE NO.253-03-21 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 8-2-4 OF THE IONA CITY CODE; PROVIDING FOR PRIVATE EMERGENCY WELLS WITHIN THE CITY UNDER SPECIFIED CONDITIONS; AMENDING SECTION 11-4-2 OF THE IONA CITY CODE;ALLOWING FOR PRIVATE EMERGENCY WELLS AS A PERMITTED USE WITHIN SINGLE FAMILY RESIDENTIAL (R-1) ZONES IN THE CITY; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR 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 8-2-4 of the Iona City Code. Section 8-2-4 of the Iona City Code is amended as follows: 8-2-4: EXCLUSIVITY OF WATER SYSTEMCRANTINC OF FRANCHISE PROHIBITED. (A) Granting of Franchise Prohibited. No person shall be granted any franchise or permit to furnish or supply any inhabitant within the boundaries of the City any water for domestic or culinary use or for sprinkling of lawns and gardens within any portion thereof where the Water Mains have been extended or may hereafter be extended so as to supply said property with water. (B) Private Emergency Wells. Notwithstanding the foregoing, each property or lot within the City may construct one private emergency well, subject to the following provisions: (1) Restrictions. Every private emergency well shall be subject to the following restrictions: (a) The well is only for emergency use and may not be connected to the primary building on the property to provide water for domestic or culinary uses, including the irrigation or sprinkling of lawns, gardens, or plants. (b) The well may not be connected in any way to the Water System. AIL T 11 ma s ovide -- to •_„LcadElikisi,_ not resi•mg . he property on which the well is located. (d) Because the well may not be considered an accessory or other use of property,the property on which the well is located must be located in a zone that specifically allows for private wells (e.g., as a permitted use or conditional use, subject to other applicable law) and the well itself must comply with all applicable zoning requirements (for example, setbacks). (e) The well must comply with all applicable laws, including the regulations of the Idaho Department of Water Resources and the Idaho Department of Environmental Quality. (f) The property owner must obtain and maintain a permit from the City for the well. (2) Application for Permit. Any property owner desiring a well permit in accordance with this subsection (B) must submit an application containing the property owner's name and contact information; the property's address and legal description; the zone in which the property is located; the name and contact information of the person constructing the well; the details of the well itself; evidence of the property owner's compliance with any requirements of the Idaho Department of Water Resources and/or the Idaho Department of Environmental Quality; a visual depiction (or site map)of the property showing the location of the well, any infrastructure relating to the well, utility easements on the property, other buildings on the property, and any other details relevant to the well; consent to an initial and, thereafter, annual site inspection of the well; and any other details necessary to evaluate the safety of the well. A non-refundable application fee in the amount of$100 shall be paid at the time the application is submitted. (3) Site Inspection. Once the application is submitted, the City will conduct a site inspection to verify the details of the application and the well's compliance with this subsection (B). This inspection shall be in addition to any other inspection required under the circumstances of the well (for example, building inspections). (4) Permit Approval and Annual Re-Inspection. After the site inspection if the City determines that the well complies with all the requirements of this subsection (B), the City personnel who conducted the site inspection may approve the application, issue a permit, and inform the Mayor and the City Clerk. After a permit is issued, the City may inspect the well no more than annually, after providing reasonable notice to the property owner. The failure to allow such annual inspection shall be cause for the City to revoke the permit and require the property owner to remove the well and completely fill in and remediate the location of the well. Section 2. Amendment of Section 11-4-2 of the Iona City Code. Section 11-4-2 of the Iona City Code is amended as follows: 11-4-2: PERMITTED USES. The following uses are allowed in the R-1 zone. (A) Single family dwellings; including manufactured homes as defined in Idaho Code § 39-4105(8),that meet the additional standards for manufactured homes set forth in section 11-11-21 of this Code. (B) The keeping of domestic farm animals under the following restrictions: (1) No livestock or domestic farm animals may be kept on lots of less than one(1)acre in total area. (2) Only one(1)animal unit per one-half('/2)acre or greater shall be allowed. One(1) animal unit shall represent: (a) Cow - 1 (b) Horse - 1 (c) Sheep- 5 For all other animals not listed the City Council may set compatible standards. (3) All buildings, shelters, or enclosures for farm animals shall be located no closer than fifty (50) feet from any property line. (4) Pigs, swine, poultry, or fowl shall not be allowed in the R-1 zone, except for domestic hens as otherwise allowed under section 11-4-12 of this Chapter. (C) Home gardening and other horticultural uses not operated as a commercial enterprise. (D) Accessory buildings and uses, subject to the restrictions in section 11-11-6 of this Code. (E) One (1) sign not to exceed four(4) square feet in area advertising or soliciting the sale or lease of the building or premises upon which the sign is located and one (1) political or campaign sign with the same maximum area. (F) 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. O(G) Construction and maintenance of a private emergency well, subject to the restrictions and requirements of Section 8-2-4(B) of this Code. (G)(H)Other similar uses that are determined by the City Council to be compatible with the purpose and intent of this zone. Section 3. 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 4. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution, punishment, and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 5. 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 6. 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 I t day of (1arc'1i , 2021. C ' Dan Gubler Mayor ATTEST: gill (iUaZ-- Keri W st City / ,,' � ' .4 �\ .•.f A. 1 L)r. 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 8-2-4 OF THE IONA CITY CODE; PROVIDING FOR PRIVATE EMERGENCY WELLS WITHIN THE CITY UNDER SPECIFIED CONDITIONS; AMENDING SECTION 11-4-2 OF THE IONA CITY CODE; ALLOWING FOR PRIVATE EMERGENCY WELLS AS A PERMITTED USE WITHIN SINGLE FAMILY RESIDENTIAL (R-1) ZONES IN THE CITY; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Keri West City Clerk \\Law\data\WPDATA\DAR\_l Pending\2708-2021 City of Iona\ORDINANCES\Private Wells ORD v01 docx PROOF OF PUBLICATION Post Register ,, s ,f t ' State of Idaho • County of Bonneville Local •Proven• [ 'ntijI I,Da.,,,,(der Collins Crapo first being duly sworn,depose and say: That I am the Glassieci •Muaag ire*Processing Clerk employed by Adams Publishing Group of the Rockies LLC,publishers of The Post Register,a newspaper of general circulation,published 4 days,Tuesday,Wednesday,Friday and Sunday,at Idaho Falls,Idaho. CITY OF IONA that the notice,of which a copy is hereto attached and made a part of this affidavit,was pub- PUBLIC HEARING NOTICE lished in said Post Register for 1,first publication having been made on 02/28/2021 last publication hav- NOTICE IS HEREBY GIVEN, ingbeen made on 02/28/2021,and that the said notice waspublished in the regular and entire issue of that the City Council for the $ City of lona will conduct a said paper on the respective dates of publication,and that such notice was published in the newspaper public hearing on March 16, and not in a supplement. 2021 at 7:30 p.m.at the lona City Building,which is located ‘1/V.1/23 at 3548 North Main Street, lona, Idaho. The purpose of the hearing is to consider amendments to the lona City Subscribed and sworn to before me,on this 1st day of March, 2021 Code §§ 8-2-4 and 11-4-2, pertaining to private emergen- cy wells in the R-1 Zone. The public is invited to attend + ♦.o i -wwr A.‘ and public comment is en- BAMBI L•FERGUSON Notary Public couraged. Written comments NOTARY PUBLIC-STATE OF IDAHO My commission expires: will be accepted and con- COMMISSION NUMBER 70216 sidered, provided they are MY COMMISSION EXPIRES 648-2023 delivered no later than three o.,attached jurat full business days prior to the hearing. Such comments must be physically delivered to the Office of the City Clerk STATE OF IUAHO at 3548 North Main Street, lona, Idaho,or emailed to the ss. following email address: city COUNTY OF BONNEVILLE clerk @cityotiona.org. Any person needing special accommodations to partici- On this 1st day of March,2021 before me,the undersigned,a Notary public for said state,person- pate in such meetings should contact the City Clerk's Office ally appeared Collins Crapo,known or identified to me to be the person(s)whose no later than the day prior to name(s)is/are subscribed to the within instrument,and being by me first duly sworn,declared that the the meeting.The City Clerk's telephone number is 208-523- statements therein arc true,and acknowledged to me that he/she/they executed the same, 5600. Kre West IN WITNESS WHEREOF,I have hereunto set myhand and affixed myofficial seal the day and year in City ClerklTreasurer Y Published:February 28, this certificate first above written. 2021(77395-10896) Posted: March 1,2021 BAMBI L.FERGUSON Notary Public for APG of the Rockies NOTARY PUBLIC-STATE OFIDAHO Residing: Idaho Falls,Idaho COMMISSION NUMBER70216 Commission expires: MY COMMISSION EXPIRES 6-28-2023 AD#77395 • w„.>.. ,.ate. .,_n,. �+,. �,-0,;,•,.