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HomeMy Public PortalAboutORD 272-10-21_Accessory Buildings as Dwellings Instrument 1$ 1704086 Bonneville County Idaho Falls, Idaho 10/22/2021 03:50:11 PM No. of Pages: 11 Recorded for: CITY OF IONA Penny Manning Fee: $0.00 Z-1/7- Ex-Officio Recorder Deputy Index to: ORDINANCE ORDINANCE NO. 272-10-21 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 11-1-5 OF THE IONA CITY CODE; ADJUSTING VARIOUS DEFINITIONS FOR PURPOSES OF TITLE 11 OF THE IONA CITY CODE; AMENDING SECTION 11-11-6 OF THE IONA CITY CODE; SPECIFYING REQUIREMENTS FOR ACCESSORY BUILDINGS; AMENDING SECTION 11-11-2 OF THE IONA CITY CODE; ADDING DETAIL ON CONVERTING DWELLINGS TO MORE UNITS; 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 11-1-5 of the Iona City Code. Section 11-1-5 of the Iona City Code is amended as follows: 11-1-5: DEFINITIONS. For the purposes of this Title the following terms, phrases, context, words used in the present tense include the future tense, words in the plural number include the singular an in- „lar r rnt elude- he p ural-number -The word "shall" is always mandatory and not merely directory. (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 A subordinate use or building customarily BUILDINGS: 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. (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. (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 The line defined by the intersection of the LINE: surface of a lot and the plane within which is located the building wall or frame closest 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 Any lot, corral, or facility where more than CONFINEMENT fifty (50) animal units of livestock, OPERATION (LCO): excluding animals six (6)months of age or younger, are confined, stabled or fed, or maintained for a total of two hundred forty (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) 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 A building, structure, or portion thereof BUILDING: 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 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: Any structure or natural object, such as tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which is used to attract attention to any object, product,place, activity,person, institution, organization or business,or which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word sign does not include the United States flag or flag of the State of Idaho, pennant or insignia of any nation, state, city or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event. (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, 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. Section 2. Amendment of Section 11-11-6 of the Iona City Code. Section 11-11-6 of the Iona City Code is amended as follows: 11-11-6: ACCESSORY BUILDINGS. (A) Accessory buildings shall not be located in any required front yard area or closer to the street than the front face setback line. (B) Accessory buildings greater than two hundred (200) square feet in total area shall not be located closer than five (5) feet from any side or rear property line. Accessory buildings less than two hundred (200) square feet in total area shall not be located closer than three (3) feet from any side or rear property line. (C) Accessory buildings greater than two hundred (200) square feet in total area shall not be installed or constructed unless a building permit is obtained, provided however accessory structures in the Agriculture (A) zone may be constructed without a building permit regardless of size. (C)(D) In any residential zone (i.e., the Residential Agricultural (R-A) Zone, the Single Family Residential (R-1) Zone, the Residential Townhouse (R-T) Zone, and/or the Residential (R-2) Zone), no accessory building may be a dwelling, residence,habitation, apartment, or house. Section 3. Amendment of Section 11-11-2 of the Iona City Code. Section 11-11-2 of the Iona City Code is amended as follows: 11-11-2: CONVERSION OF DWELLING TO MORE UNITS. A residential structure may not be converted to accommodate an increased number of dwelling units unless: (A) The front, side and rear yard dimensions will meet the yard dimensions required by the zoning regulations for new structures in that districtzone. (B) The lot area per family or dwelling unit equals the lot area requirements for new structures in that districtzone. (C) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that districtzone; and (D) The conversion is in compliance with all other applicable zoning,building,-and health,and safety codes and ordinances. Section 4. 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 5. 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 6. 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 7. 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 \0ay of 0\—t\Isi.Q,� , 2021. Dan Gubler Mayor / ATTEST: ` . A ...... a,Keri West • City Clerk (SEAL) • ' •, �=;U, 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 11-1-5 OF THE IONA CITY CODE; ADJUSTING VARIOUS DEFINITIONS FOR PURPOSES OF TITLE 11 OF THE IONA CITY CODE; AMENDING SECTION 11-11-6 OF THE IONA CITY CODE; SPECIFYING REQUIREMENTS FOR ACCESSORY BUILDINGS; AMENDING SECTION 11-11-2 OF THE IONA CITY CODE; ADDING DETAIL ON CONVERTING DWELLINGS TO MORE UNITS; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Keri West City Clerk \\Law\data\WPDATA\DAR\_I Pending\2708-2021 City of Iona\ORDINANCESWccessory Bldg ORD v01 docx