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
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