HomeMy Public PortalAboutORD 292-08-23_Applications for Variances_08152023 Instrument ti 1752763
Bonneville County, Idaho Falls, Idaho
08/18/2023 01:36:28 PM No. of Pages: 3
Recorded for: CITY OF IONA
Penny Manning Fee $0.00
Ex-Officio Recorder Deputy
Index to ORDINANCE
ORDINANCE NO. 292-08-23
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTION 11-14-2 OF THE IONA CITY CODE;
CLARIFYING REQUIREMENTS FOR VARIANCES;
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 11-14-2 of the Iona City Code. Section 11-11-6 of
the Iona City Code is amended as follows:
11-14-2: APPLICATIONS FOR VARIANCES.
(A) Applications for variances to this Title may be granted when they are not contrary to the
public interest, where owing to special conditions, a literal enforcement of the provisions
of this Title will result in an unnecessary hardship because of the physical characteristics of
the site. A variance is a modification of the requirements of this Title such as minimum
lot size, width, depth, setbacks affecting the size or shape of the structure or the placement
of the structure upon lots,or the size of the lots. A variance shall not be considered a right
or privilege and will only be granted to the applicant if hardship or other sufficient basis is
proven by an applicant and it is not in conflict with the public interest (including, but not
limited to, neighborhood appearance and aesthetic considerations).
(B) The applicant shall provide proof of the following in his or her application:
(1) A description of the physical characteristics of the site that(a) causes a hardship or
(b)provides another sufficient basis for a variance, which requires a showing of the
benefit or improvement to the City, local community, and/or neighbors.
(2) A description of the hardship or other sufficient reason (a) why application of the
provisions of this zoning ordinance imposes undue burdens upon the property
owner or (b) why the proposed variance would satisfy the purposes of this zoning
ordinance by either matching or exceeding the functionality of the Code's
requirements.
(3) Evidence that the hardship or difficulty necessitating a variance was not caused by
the owner, or previous owners, through their own volitional actions.
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 THE COUNCIL AND APPROVED BY THE MAYOR this I Th. day of
N\A%-k , 2023.
Dan Gubler
Mayor
ATTEST: "t '"
Au"; ', .;
Keri West - : ' r
City Clerk (SEAL) ; •4:;
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 11-14-2 OF
THE IONA CITY CODE; CLARIFYING REQUIREMENTS FOR VARIANCES; PROVIDING
METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE."
"LOA 1.:41-/1--
Ken West
City Clerk
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