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HomeMy Public PortalAboutORD 279-07-22_Clarifying Side Yard Setback Requirements_07192022 Instrument N 1730778 Bonneville County Idaho Falls, Idaho 08/18/2022 02:24:00 PM No. of Pages: 7 Recorded for: CIee OF I00R Penny Manning Fee: $0.00 Ex-Officio Recorder Deputy Index to: ORDINANCE ORDINANCE NO. 279-07-22 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 11-2-5, 11-3-5, 11-4-5, 11-4A-6, 11-5-6, 11-6-5, AND 11-7-5 OF THE IONA CITY CODE; STANDARDIZING NUMERICAL REFERENCES AND CLARIFYING SIDE YARD SETBACK REQUIREMENTS; 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 11-2-5 of the Iona City Code. Section 11-2-5 of the Iona City Code is amended as follows: 11-2-5: SETBACK AND SITE REQUIREMENTS. (A) Front Yard. No building or structure shall be erected nearer than forty five (15) feet from the right-of-way line of the street upon which such building faces. (B) Side Yard. No building shall be erected closer than fifteen (15)feet to any side property line, except corner lots, which shall not construct any building or structure closer than 30 feet from the right-of-way line of any street that is not faced by the primary building on the lotmaintain a thirty(30)foot side yard adjacent te-the street which intersects the street upon which the building fronts. (C) Rear Yard. No building or structure, other than an accessory building, may be constructed closer than twenty-ftve25 feet(25') from the rear property line. (D) Utilities. All water, sewer, storm drainage, and irrigation systems shall be approved by the appropriate regulatory authority. (E) Site Improvements. All site improvements shall meet the City development requirements. I (F) Agriculture Buildings Excepted. Corrals, pens, loafing sheds and grain bins may be constructed in this zone, without the issuance of a building or zoning permit. I (G) Protection of Water Ways. Any development adjoining or adjacent to any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. Section 2. Amendment of Section 11-3-5 of the Iona City Code. Section 11-3-5 of the Iona City Code is amended as follows: 11-3-5: SETBACK AND SITE REQUIREMENTS. The following are the setback requirements for all buildings or structures other than accessory buildings, for the R-A zone. Setback requirements for accessory buildings shall comply with section 11-11-6 of this Code. (A) Front Yard. No building or structure shall be erected nearer than thirty five (35) feet from the front property line of the street. (B) Side Yard. No building shall be erected closer than ten-003 feet from any side property line, except corner lots, which shall not construct any building or structure closer than 30 feet from the right-of-way line of any street that is not faced by the primary building on the lot maintain a thirty (30) foot side yard adjacent to the street which intersects the street (C) Rear Yard. No main building shall be constructed closer than twenty five(25)feet to the rear property line. (D) Corner Clearance. Within the area formed by the lines of intersecting streets or roadways and a line joining points on such lines thirty-(30)feet distant from their point of intersection, or in the case of a rounded corner, the point of intersection of their tangents, no structure and no foliage shall be maintained between a height of three (3) feet and a height of eight (8) feet above the plane through their curb, street or roadway grades whichever is the highest. (E) Projections. Nothing herein shall prevent the projection of steps, eaves, cornices, masonry fireplaces, window sills or belt courses into any required yard. (F) Protection of Water Ways. Any development adjoining or adjacent to any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. Section 3. Amendment of Section 11-4-5 of the Iona City Code. Section 11-4-5 of the Iona City Code is amended as follows: 11-4-5: SETBACK AND SITE REQUIREMENTS. The following setback requirements for all buildings or structures,other than accessory buildings, shall be observed in the R-1 zone. Setback requirements for accessory buildings shall comply with section 11-11-6 of this Code. (A) Front Yard. No building or structure shall be erected in the R-1 zone nearer than thirty five (35)feet from the right-of-way line of the street. (B) Side Yard. No building shall be closer than ten-(10) feet from any side property line, except corner lots, which shall not construct any building or structure closer than 30 feet from the right-of-way line of any street that is not faced by the primary building on the lotmaintain a thirty(30)foot side yard adjacent to the street which intersects the street upon which the building fronts. (C) Rear Yard. No building shall be constructed closer than twenty five(25)feet to the rear property line. (D) Clear view of intersecting streets and ways. For the purpose of ensuring reasonable visibility and safety in the residential districts and in the business districts which require buildings to be set back from the right-of-way line, the triangle of land formed on any corner lot by drawing a line between the points on the two lot lines, which points are each thirty (30) feet from the intersection of said lot lines, shall be free from structure or other obstructions, except as otherwise permitted in this section. Any triangle of land formed along any street by drawing a line between a point on the lot line parallel to the street (which point is fifteen (15)feet from an alley or driveway which abuts the street)and a point on the near side of the alley or driveway(which point is fifteen (15) feet from the lot line) shall be free from structures or other obstructions, except as otherwise permitted in this section. Trees are allowed in such triangles provided they are trimmed from the ground level to at least seven(7)feet above the curb. Shrubs, fences and walls are likewise allowed in such triangles provided they do not exceed three-(3)feet in height. (E) Protection of Waterways. Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. Section 4. Amendment of Section 11-4A-6 of the Iona City Code. Section 11-4A-6 of the Iona City Code is amended as follows: 11-4A-6: SETBACK AND SITE REQUIREMENTS. The following setback requirements for main buildings shall be observed in the R-T zone: (A) Front Yard. No building or structure shall be erected in the R-T zone nearer than thirty (30) feet from the right-of-way line of the street. (B) Side Yard. No building shall be closer than ten--(10) feet from any side property line, except corner lots, which shall not construct any building or structure closer than 30 feet from the right-of-way line of any street that is not faced by the primary building on the lotmaintain a thirty(30)foot side yard adjacent to the street which intersects the street upon which the building front,. There should be no side yard set back requirement for the property line between single family units sharing a common party wall or walls. Notwithstanding the foregoing, patio homes may be constructed no closer than eight (8) feet from any side yard property line. (C) Rear Yard. No main building shall be constructed closer than twenty five(25)feet to the rear property line. (D) Clear view of intersecting streets and ways. For the purpose of ensuring reasonable visibility and safety in the residential districts and in the business districts which require buildings to be set back from the right-of-way line, the triangle of land formed on any corner lot by drawing a line between the points on the two lot lines, which points are each thirty (30) feet from the intersection of said lot lines, shall be free from structure or other obstructions, except as otherwise permitted in this section. Any triangle of land formed along any street by drawing a line between a point on the lot line parallel to the street (which point is fifteen (15)feet from an alley or driveway which abuts the street)and a point on the near side of the alley or driveway(which point is fifteen (15) feet from the lot line) shall be free from structures or other obstructions, except as otherwise permitted in this section. Trees are allowed in such triangles provided they are trimmed from the ground level to at least seven (7)feet above the curb. Shrubs, fences and walls are likewise allowed in such triangles provided they do not exceed (3)feet in height. (E) Protection of Waterways. Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. Section 5. Amendment of Section 11-5-6 of the Iona City Code. Section 11-5-6 of the Iona City Code is amended as follows: 11-5-6: SETBACK AND SITE REQUIREMENTS. The following setback requirements for main buildings shall be observed in the R-2 zone: (A) Front Yard. No building or structure shall be erected in the R-2 zone nearer than thirty f 30)feet from the right-of-way line of the street. (B) Side Yard. No main building shall be closer than ten-(10) feet from any side property line, except corner lots, which shall not construct any building or structure closer than 30 feet from the right-of-way line of any street that is not faced by the primary building on the lotmaintain a thirty(30)foot side yard adjacent to the street which intersects the street upon which the building fronts. There are no side yard setback requirement for the property line between single family units sharing a common party wall or walls. Notwithstanding the foregoing, patio homes may be constructed no closer than e (8) feet from any side property line. (C) Rear Yard. No main building shall be constructed closer than twenty five(25)feet to the rear property Line. (D) Clear view of intersecting streets and ways. For the purpose of ensuring reasonable visibility and safety in the residential districts and in the business districts which require buildings to be set back from the right-of-way line, the triangle of land formed on any corner lot by drawing a line between the points on the two lot lines, which points are each thirty (30) feet from the intersection of said lot lines, shall be free from structure or other obstructions, except as otherwise permitted in this section. Any triangle of land formed along any street by drawing a line between a point on the lot line parallel to the street (which point is fifteen (15)feet from an alley or driveway which abuts the street) and a point on the near side of the alley or driveway(which point is fifteen (15) feet from the lot line) shall be free from structures or other obstructions, except as otherwise permitted in this section. Trees are allowed in such triangles provided they are trimmed from the ground level to at least seven(7)feet above the curb. Shrubs, fences and walls are likewise allowed in such triangles provided they do not exceed {3)feet in height. (E) Protection of Waterways. Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. Section 6. Amendment of Section 11-6-5 of the Iona City Code. Section 11-6-5 of the Iona City Code is amended as follows: 11-6-5: SETBACK AND SITE REQUIREMENTS. (A) No front or side yard shall be required, except when a building or group of buildings abuts upon a residential use; any required side yard shall be provided on the side of the lot abutting the residential use having a width of not less than ten-(10) feet. (B) Rear yards shall have a depth of not less than twenty five (25) feet when abutting upon a residential use. The rear yard may be used for off-street parking and loading. (C) Corner lots must meet the visibility setback requirements as imposed by the City, county, or state. (D) Protection of Waterways. Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. Section 7. Amendment of Section 11-7-5 of the Iona City Code. Section 11-7-5 of the Iona City Code is amended as follows: 11-7-5: SETBACK AND SITE REQUIREMENTS. The following setback requirements shall apply for the Industrial (I) zone. (A) Front Yard. The front yard setback shall be a minimum of twenty five(25)feet when a lot abuts, touches, or adjoins, or is across the street from a residential district, otherwise no front yard setback is required. (B) Side Yard. The side yard setback shall be a minimum of twenty (20) feet when a lot abuts, touches, or adjoins a residential district, otherwise no side yard setback is required. (C) Rear Yard. The rear yard shall be a minimum of twenty (20) feet when a lot abuts, touches, or adjoins a residential district, otherwise no rear yard setback is required. (D) Visibility Requirements. Any corner lot must meet the visibility setback requirements as imposed by the City, county.,or state. (E) Protection of Waterways. Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. Section 8. 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 9. 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 10. 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 11. 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 iqt day of , 2022. Dan Gubler Mayor ATTEST: �t h • F 4 4./tAit / ,,-.4•4 N. -,,,1 Pt t7,- r J` Keri West f 4 City Clerk (SEAL) ; ' ' 0 '�c� f `._ .• " STATE OF IDAHO ) "«..w`r'• \ )ss. S.<.,. .,... 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 SECTIONS 11-2-5, 11-3-5, 11-4-5, 11-4A-6, 11-5-6, 11-6-5, AND 11-7-5 OF THE IONA CITY CODE; STANDARDIZING NUMERICAL REFERENCES AND CLARIFYING SIDE YARD SETBACK REQUIREMENTS; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." "(th ).fii ‘- Ken West City Clerk G:\WPDATA\DAR\_I Pending\2708-2022 City of Iona\ORDINANCES\Side Setbacks ORD v01 docx