HomeMy Public PortalAboutORD 270-09-21_Conditional Use in R1 Zone_09282021Instrument a 1702853
Bonneville County 1 Idaho Falls Idaho
10/13/2021 02:42:43 PM No . of 1 Pages: 4
Recorded for : CITY OF IONA
Penny Manning Fee : $0 .00 RU._ Ex-Officio Recorder Deputy
Index to : ORDINANCE -----------------------
ORDINANCE NO. 270-09-21
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTION 11-4-3 OF THE IONA CITY CODE;
SPECIFYING TERMS FOR CONDITIONAL USES IN R-1
ZONES AND THE WATER SERVICE REQUIREMENTS
THEREFOR; 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 11 -4-3 of the Iona City Code. Section 11-4-3 of
the Iona City Code is amended as follows:
11-4-3: CONDITIONAL USES.
(A) The City may, after notice and public hearing pursuant to Chapter 8 of this Title, permit the
uses specified below, where such uses are deemed essential or desirable to the public
convenience or welfare. On all conditional use permit applications , the City shall have the
discretion to require an impact statement to assess the impact of the proposed conditional
use upon surrounding properties and upon city services and infrastructure. The City may
impose such conditions and safeguards , as it deems necessary to protect the best interests
of the surrounding property or neighborhood and city services or infrastructure from
damage , hazard , nuisance or other detriment.
(B) The following conditional uses are permitted in the R-1 zone:
( 1) Churches.
(2) Public facilities such as schools, parks and playgrounds, utility facilities and other
municipal uses.
(3) Temporary buildings for construction purposes for a period not to exceed one (1)
year.
(4) Nursery school or Day Care facilities.
(5) Cemeteries.
(6) Greenhouses.
(7) Residential occupancies located QD]y_in the basement of an existing residential
structure, and not in any accessory structure or other location on a property,
provided the following conditions are met:
(a) The owner of the property (or, in the case of an entity owning the property ,
an owner of the entity ; or, in the case of a trust, an individual who is a
beneficiary of the trust) must actually reside in the residential structure on
the property.
(b) The basement occupancy has a kitchen , bathroom and bathing and sleeping
facilities separate from the main floor occupancy .
(c) The basement occupancy has no more than two bedrooms.
(d) The residential lot has off-street vehicular parking facilities for at least 3
motor vehicles , all of which are actually usable and available for vehicles to
park in (and maintained as available throughout the conditional use as a
basement residential occupancy) and at least 1 of which is actually usable
and available for the basement residential occupants to use throughout the
conditional use as a basement residential occupancy.
(e) The basement dwelling is fully compliant with the International Building
Code for residential occupancies , as the same currently exists or as may be
amended hereafter.
(f) No home occupation 1s conducted within the main floor or basement
dwelling.
(g) The basement occupancy either (i) has a water service line separate and
independent from the water service line for the main floor occupancy that
can be billed separately, or (ii) is added onto the water service account for
the main floor occupancy as an additional EDU pursuant to Title 8, Chapter
2 of this Code and other applicable law .
(8) Service Home Occupations and Merchandising Home Occupations , each as
defined in this Title and subject to the restrictions of Chapter 11 of this Title .
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. 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 4. 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 5. Effective Date. This Ordinance shall become effective upon its passage ,
execution and publication in the manner provided by law.
PASSED BY TH E COUNCIL AND APPROVED BY THE MAYOR this -...i8 day of
--~..............-'/~--·' 2021.
ATTEST:
Keri West
City Clerk
Mayor
ST A TE 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 -4-3 OF THE
IONA CITY CODE; SPECIFYING TERMS FOR CONDITIONAL USES IN R-1 ZONES AND
THE WATER SERVICE REQUIREMENTS THEREFOR; PROVIDING METHODOLOGY ;
PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE."
Keri West
City Clerk
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