HomeMy Public PortalAboutIona City Code_02292024
CITY CODE
OF
IONA
IDAHO
PREFACE
This volume of the City Code of the City of Iona,
Idaho, as supplemented, contains all general
ordinances adopted by the City prior to and including
February 29, 2024. General ordinances passed
after that date supersede the provisions of this Code
to the extent they are in direct conflict with each
other. Users of this Code should contact the City
Clerk to determine if any provision of this Code has
been amended, superseded or repealed after that date.
The City Clerk
TABLE OF CONTENTS
TITLE 1 General Administration.............................................................................................. 1
CHAPTER 1 Official City Code ............................................................................................. 2
CHAPTER 2 Saving Clause.................................................................................................... 3
CHAPTER 3 Definitions and Constructional Rules ............................................................... 4
CHAPTER 4 General Penalty Provisions ............................................................................... 7
CHAPTER 5 Mayor ................................................................................................................ 9
CHAPTER 6 Council ............................................................................................................ 14
CHAPTER 7 Appointive Officers ........................................................................................ 20
CHAPTER 8 Employee Policies and Procedures ................................................................. 21
CHAPTER 9 Oath, Bonds and Official Conduct .................................................................. 23
CHAPTER 10 Ordinances ...................................................................................................... 27
CHAPTER 11 Elections .......................................................................................................... 30
CHAPTER 12 Initiative, Referendum and Recall .................................................................. 31
CHAPTER 13 City Finances .................................................................................................. 32
CHAPTER 14 Public Records ................................................................................................ 36
CHAPTER 15 Administrative Provisions ............................................................................... 40
TITLE 2 Boards and Commissions ......................................................................................... 42
CHAPTER 1 Board of Adjustment ....................................................................................... 43
CHAPTER 2 Historic Preservation ....................................................................................... 45
TITLE 3 Operational Divisions ............................................................................................... 51
CHAPTER 1 Police Division ................................................................................................ 52
CHAPTER 2 Public Works Division .................................................................................... 57
CHAPTER 3 Planning and Building Division ...................................................................... 59
TITLE 4 Business Regulations ................................................................................................. 61
CHAPTER 1 Business Licenses ........................................................................................... 62
CHAPTER 2 Liquor by the Drink ........................................................................................ 67
CHAPTER 3 Beer ................................................................................................................. 76
CHAPTER 4 Wine ................................................................................................................ 82
CHAPTER 5 Amusements .................................................................................................... 86
CHAPTER 6 Itinerant Merchants, Mobile Food Vendors, Door-to-Door Salespersons ...... 88
CHAPTER 7 Pawn Brokers, Secondhand Precious Metals Dealers, Secondhand Stores .... 95
CHAPTER 8 Scrap Dealers .................................................................................................. 99
TITLE 5 Criminal Code ......................................................................................................... 102
CHAPTER 1 General Provisions ........................................................................................ 103
CHAPTER 2 General Police Regulations ........................................................................... 105
CHAPTER 3 Animals ......................................................................................................... 106
CHAPTER 4 Dog Control .................................................................................................. 110
CHAPTER 5 Public Streets ................................................................................................ 119
CHAPTER 6 Irrigation Works ............................................................................................ 122
CHAPTER 7 Public Health and Safety ............................................................................... 124
CHAPTER 8 Nuisances, Public Smoking and Public Intoxication .................................... 126
CHAPTER 9 Litter and Weed Control ............................................................................... 128
CHAPTER 10 Open Burning ................................................................................................ 133
CHAPTER 11 Juvenile Curfew ............................................................................................ 134
TITLE 6 Health and Public Safety ........................................................................................ 138
CHAPTER 1 General Health Regulations .......................................................................... 139
CHAPTER 2 Fireworks ...................................................................................................... 142
CHAPTER 3 Day Care ....................................................................................................... 149
CHAPTER 4 Maintenance and Construction of Sidewalks and Curbs .............................. 155
CHAPTER 5 Solid Waste Hauler Regulations ................................................................... 161
TITLE 7 Building Regulations ............................................................................................... 180
CHAPTER 1 Health and Safety Codes ............................................................................... 181
CHAPTER 2 International Property Maintenance Code .................................................... 183
CHAPTER 3 International School Building Code.............................................................. 184
CHAPTER 4 [Repealed] (Ord. 217-01-18, 1/16/2018). .................................................... 185
CHAPTER 5 [Repealed] (Ord. 217-01-18, 1/16/2018). .................................................... 186
CHAPTER 6 [Repealed] (Ord. 217-01-18, 1/16/2018). .................................................... 187
CHAPTER 7 [Repealed] (Ord. 217-01-18, 1/16/2018). .................................................... 188
CHAPTER 8 [Repealed] (Ord. 217-01-18, 1/16/2018). .................................................... 189
CHAPTER 9 [Reserved] ..................................................................................................... 190
CHAPTER 10 [Repealed] (Ord. 217-01-18, 1/16/2018). .................................................... 191
CHAPTER 11 [Repealed] (Ord. 217-01-18, 1/16/2018). .................................................... 192
CHAPTER 12 Building Conservation .................................................................................. 193
TITLE 8 Public Utilities and Property.................................................................................. 194
CHAPTER 1 Parks and City Property ................................................................................ 195
CHAPTER 2 Water Service ................................................................................................ 199
CHAPTER 3 Public Right-of-Way Construction ............................................................... 225
CHAPTER 4 Community Forestry ..................................................................................... 231
TITLE 9 Motor Vehicle and Bicycle Regulations ................................................................ 240
CHAPTER 1 Traffic Regulations ....................................................................................... 241
CHAPTER 2 Traffic Control Signs and Signals ................................................................. 243
CHAPTER 3 Speed Regulations ......................................................................................... 244
CHAPTER 4 Public Parking ............................................................................................... 245
CHAPTER 5 Parking on Private Property .......................................................................... 253
CHAPTER 6 Bicycles ......................................................................................................... 254
TITLE 10 Planning and Building ............................................................................................ 257
CHAPTER 1 Iona Subdivision Ordinance .......................................................................... 258
CHAPTER 2 Wireless Communication Towers and Antennas .......................................... 285
TITLE 11 Zoning ...................................................................................................................... 298
CHAPTER 1 Scope, Definitions, and Establishment of Districts ...................................... 299
CHAPTER 2 Agricultural (A) Zone ................................................................................... 309
CHAPTER 3 Residential Agricultural (R-A) Zone ............................................................ 312
CHAPTER 4 Single Family Residential (R-1) Zone .......................................................... 316
CHAPTER 4A Residential Townhouse (R-T) Zone.............................................................. 322
CHAPTER 5 Residential (R-2) Zone .................................................................................. 328
CHAPTER 6 Commercial (C) Zone ................................................................................... 332
CHAPTER 7 Industrial (I) Zone ......................................................................................... 336
CHAPTER 8 Conditional Use Permits ............................................................................... 340
CHAPTER 9 Non-Conforming Uses .................................................................................. 345
CHAPTER 10 Iona Sign Ordinance ..................................................................................... 347
CHAPTER 11 Miscellaneous Use Regulations .................................................................... 349
CHAPTER 12 Off-Street Parking and Loading Facilities .................................................... 367
CHAPTER 13 Comprehensive Plan and Zoning Map .......................................................... 373
CHAPTER 14 Variances....................................................................................................... 374
CHAPTER 15 Enforcement and Administration .................................................................. 377
TITLE 1 IONA CITY CODE
(Revision: February 29, 2024) Page 1
TITLE 1 General Administration
Chapter Subject
1 Official City Code
2 Saving Clause
3 Definitions and Constructional Rules
4 General Penalty Provisions
5 Mayor
6 Council
7 Appointive Officers
8 Employee Policies and Procedures
9 Oaths, Bonds and Official Conduct
10 Ordinances
11 Elections
12 Initiative, Referendum and Recall
13 City Finances
14 Public Records
15 Administrative Provisions
TITLE 1 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 2
CHAPTER 1 Official City Code
SECTION:
1-1-1: Title
1-1-2: Acceptance
1-1-3: Amendments
1-1-4: Maintenance of City Code
1-1-1: TITLE. This codification of the general ordinances of the City of Iona is declared
to be the official City Code of the City of Iona. Any reference to the number of any section herein
shall be understood to refer to the position of the same number, its appropriate heading and to the
general penalty clause relating thereto, when reference is made to this Code by title in any legal
document.
1-1-2: ACCEPTANCE. Any official copy of this Code shall be received without further
proof in all courts and in all administrative tribunals of this State as the ordinances of a general
and permanent effect of the City.
1-1-3: AMENDMENTS. Any ordinance amending this Code shall set forth the Chapter,
Title and Section number of the section or sections to be amended. All such ordinances shall
comply with the provisions of this Code and Chapter 9, Title 50, Idaho Code, regarding passage,
execution and publication of ordinances. All such amendments shall be promptly published and
inserted in its proper place in each copy of this City Code.
1-1-4: MAINTENANCE OF CITY CODE. Upon receipt of each published ordinance
the City Clerk shall maintain the same with the Clerk’s official copy of the City Code and provide
copies of any updated provision of the City Code to any person to whom the City provides a copy
of the City Code. The City Clerk may collect a fee for each copy of the City Code, provided such
fees shall be established by resolution duly passed by the City Council.
(Ord. 275-02-22, 2/15/2022).
TITLE 1 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 3
CHAPTER 2 Saving Clause
SECTION:
1-2-1: Repeal of General Ordinances
1-2-2: Public Utility Ordinances
1-2-3: Saving Clause
1-2-1: REPEAL OF GENERAL ORDINANCES. All general ordinances of the City
are hereby repealed, except as herein specifically preserved or are by implication reserved from
repeal, subject to the saving clauses herein contained, excluding without limitation all special
ordinances relating to the following subjects: Tax levies, appropriation of public monies,
boundaries and annexations, franchises, ordinances granting special rights to persons or
correspondence, contracts, issuance of warrants, public salaries, ordinances establishing name or
vacating streets, alleys or other public places, improvement districts, bonds, local elections, the
sale or exchange of real estate, sign ordinances, economic development, urban renewal, public
utilities, zoning and all special ordinances of any kind, except for those provisions in such special
ordinances which this Code expressly amends.
1-2-2: PUBLIC UTILITY ORDINANCES. No ordinance or section thereof relating to
railroad or railroad crossings of streets and other public ways, or relating to the conduct, duties,
service or rates of public utilities shall be repealed by the adoption of this Code or by the preceding
section, except as this Code specifically provides for such repeal.
1-2-3: SAVING CLAUSE. Any ordinance amending or repealing any section of this
Code shall not be deemed or construed to abate any pending action based upon such amended or
repealed section, nor shall the passage of such ordinance prevent the arrest, prosecution and
punishment of any violation of such section committed prior to the effective date of such
ordinance.
TITLE 1 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 4
CHAPTER 3 Definitions and Constructional Rules
SECTION:
1-3-1: General Constructional Rule
1-3-2: Plural and Singular Words
1-3-3: Masculine and Feminine Gender
1-3-4: Priority of Ordinance
1-3-5: Definitions
1-3-6: Captions
1-3-1: GENERAL CONSTRUCTIONAL RULE. Except as expressly stated in this
Code, all words shall have their ordinary, generally-accepted meaning.
1-3-2: PLURAL AND SINGULAR WORDS. Whenever any word in this Code is used
in either the singular or in the plural form, then such word shall be deemed to include both the
plural and singular forms of such word, unless the context indicates an intent otherwise.
1-3-3: MASCULINE AND FEMININE GENDER. When any person is referred to in
any section of this Code by use of the masculine gender, then such reference shall be deemed to
include the feminine gender unless the context indicates an intent otherwise.
1-3-4: PRIORITY OF ORDINANCE. In the event of any discrepancy or conflict
between this Code and any ordinance passing or amending the same section of this Code, then the
provisions of the ordinance shall prevail.
1-3-5: DEFINITIONS. Whenever the following words or terms are used in this Code,
they shall have the meanings ascribed below, unless the context clearly indicates otherwise:
AGENT: A person acting on behalf of another.
BUILDING OFFICIAL: The Director of the Planning and Building
Division of the City, or his or her nominee.
TITLE 1 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 5
CITY: The City of Iona, County of Bonneville,
State of Idaho.
CITY ATTORNEY: An attorney appointed by the Mayor to
provide general counsel and legal
assistance to the City and to prosecute or
defend all civil actions in which the City is
a party.
CITY PROSECUTING
ATTORNEY:
An attorney appointed by the Mayor to
prosecute violations of this Code.
COUNCIL: The lawfully elected City Council of the
City.
CRIME: An act in violation of this Code.
FELONY: A crime as defined under Idaho Code,
Section 18-111.
INFRACTION: A civil public offense, not constituting a
crime, which is punishable only by a
penalty not exceeding Three Hundred
Dollars ($300) and for which no
incarceration may be imposed.
LICENSE: The permission granted for the carrying on
of a business, trade, profession or
occupation.
MISDEMEANOR: Every crime except a felony or an
infraction.
OCCUPANT: Any person who occupies the whole or any
part of such building or land whether alone
or with others.
OFFENSE A crime or other violation of this Code.
OPERATOR: The person who is generally in charge of or
responsible for conducting any business,
profession or enterprise.
OWNER: Any person owning real or personal
property, including any part owner, joint
owner, tenant in common, joint tenant,
remainderman or person holding a life
estate or reversionary interest of any kind.
PERSON: An individual and any public or private
corporation, firm, partnership, trust, estate,
TITLE 1 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 6
sole proprietorship, association,
organization, government, or any other
entity recognized under Idaho law.
PERSONAL PROPERTY: Money, goods, chattels, effects, rights in
action and all written instruments
evidencing any pecuniary obligation.
RIGHT OF WAY: The privilege of the immediate use of the
roadway or other property.
STATE: The State of Idaho.
STREET: All public roads, ways, alleys and rights of
way used for the movement of vehicular
traffic, including any public sidewalks
adjacent thereto.
TENANT: Any person who occupies any building or
real property for a consideration to the
owner.
UNIFORM FIRE CODE: The Uniform Fire Code as adopted by
Ordinance of the City.
UNIFORM PLUMBING
CODE:
The Uniform Plumbing Code as adopted
by Ordinance of the City.
UNIFORM BUILDING
CODE:
The Uniform Building Code as adopted by
Ordinance of the City.
(Ord. 219-05-18, 5/17/2018).
1-3-6: CAPTIONS. The captions and titles used at the commencement of each section or
subsection of this Code are used only to indicate the content of the section and shall not limit,
modify or in any manner affect the scope, meaning or intent of the provisions thereafter.
TITLE 1 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 7
CHAPTER 4 General Penalty Provisions
SECTION:
1-4-1: Misdemeanor Penalty
1-4-2: Infractions
1-4-3: Applicability of Penalty
1-4-4: Multiple Violations
1-4-5: Prosecution Discretion
1-4-6: Penalty Against Officers
1-4-1: MISDEMEANOR PENALTY. Whenever any act or omission constitutes a crime
not constituting a felony or infraction and no specific penalty is stated in this Code, such crime
shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for
not more than six (6) months, or by both such fine and imprisonment for any single violation.
(Ord. 100, 8/17/2005).
1-4-2: INFRACTIONS. Whenever any person commits an infraction and no specific
penalty is provided for such act, such person shall be punishable by a fine not exceeding $300 and
no imprisonment may be imposed.
(Ord. 204-04-16, 4/19/2016).
1-4-3: APPLICABILITY OF PENALTY. The penalties provided in this Chapter shall
be applied as though they were a part of every separate section of this Code.
1-4-4: MULTIPLE VIOLATIONS. Whenever the same person violates the same
section of this Code on two or more days, then each violation on each day shall be deemed a
separate offense and shall be separately punishable for each such offense.
1-4-5: PROSECUTION DISCRETION. Whenever the same offense, act or omission is
punishable under different sections of this Code, the City Prosecuting Attorney may elect under
which section to proceed; but no more than one sentence of imprisonment may be imposed against
TITLE 1 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 8
the same person for the same offense; provided that revocation of a license or permit shall not be
considered a penalty so as to bar imposition of a penalty under this Code.
1-4-6: PENALTY AGAINST OFFICERS. The penalty provisions of this chapter shall
not apply to any section of this Code which designates the duties of any officer or employee of the
City unless the intention to impose a fine or penalty is specifically and clearly expressed in the
section creating the duty.
TITLE 1 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 9
CHAPTER 5 Mayor
SECTION:
1-5-1: Powers and Duties
1-5-2: Term
1-5-3: Special Meetings
1-5-4: Ordinances and Contracts
1-5-5: Mayor May Offer Reward
1-5-6: Accounts and Reports of Officers
1-5-7: Extraterritorial Powers
1-5-8: Salary
1-5-9: Aid to Enforce Laws
1-5-10: Appointment of Committees
1-5-11: Declaration of Candidacy
1-5-12: Elections and Petition of Candidacy
1-5-13: Form of Petition
1-5-1: POWERS AND DUTIES. The Mayor shall be the chief executive officer of the
City and shall have authority to hire, terminate, discipline, supervise and control all appointive
officers and employees of the City, in the manner provided by this Code or State law. The Mayor
shall preside at all meetings of the City Council and may determine the order of business, subject
to such rules as the Council may provide by ordinance. The Mayor shall have a vote only when
the vote of the Council is equally divided at any meeting where a quorum is present. The Mayor
shall have the power to veto any ordinance, resolution or action taken by the Council, provided the
Council may override such veto by a vote of one-half plus one of the members of the full Council.
The Mayor shall have the authority and responsibility to enforce all police ordinances and
regulations. The Mayor shall have authority to administer oaths and shall have all powers,
prerogatives and authority conferred by ordinance, by the laws of the State and as may be conferred
by resolution of the City Council.
TITLE 1 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 10
1-5-2: TERM. The term of office of the Mayor shall be for a period of four years,
commencing upon the issuance of a certificate of election at the first regular Council meeting in
January following his or her election. Any vacancy in the office of Mayor shall be filled in the
manner provided by State law.
1-5-3: SPECIAL MEETINGS. The Mayor may call special meetings of the Council, the
object of which shall be submitted to the Council in writing and the call and object of which, as
well as the minutes required to be kept by law, shall be entered in the journal of the City Clerk.
1-5-4: ORDINANCES AND CONTRACTS. The Mayor shall execute all ordinances,
resolutions and contracts approved by the Council, including deeds, bonds, warrants and other
agreements to which the City is a party.
1-5-5: MAYOR MAY OFFER REWARD. The Mayor may offer a reward not
exceeding one thousand dollars ($1,000) for the arrest and conviction of any person who violates
this Code.
1-5-6: ACCOUNTS AND REPORTS OF OFFICERS. The Mayor may require any
officer or employee of the City to exhibit all accounts, files or other papers pertaining to such
office or employment and to report to the Council in writing regarding any subject or matter
pertaining thereto.
1-5-7: EXTRATERRITORIAL POWERS. The Mayor shall have the following
extraterritorial powers over all persons, places and activities located outside the corporate
boundaries:
(A) To prevent, remove and abate nuisances located within three (3) miles of the corporate
boundaries, at the expense of the person causing or maintaining the same and to exercise
all powers conferred upon the City, pursuant to Idaho Code Section 50-334.
(B) To enforce all health and quarantine laws and ordinances against any person or place
located within five (5) miles of the corporate boundaries.
(C) To enforce all laws and ordinances regulating or prohibiting the loading, storage and
transportation of hazardous materials or chemicals within three (3) miles of the corporate
boundaries.
(D) To extend the City street lighting system for a distance of no greater than two (2) miles
outside the corporate limits.
TITLE 1 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 11
(E) To enforce all platting, zoning, street and surface drainage ordinances applicable within
one (1) mile of the corporate limits, to the fullest extent permitted under Idaho Code
Sections 50-1306, 50-1330 and 67-6526.
(F) To enforce all ordinances and to exercise all police powers conferred upon the City, except
taxation, regarding offenses committed within one (1) mile of the corporate limits, to the
fullest extent permitted by Idaho Code Section 50-606.
1-5-8: SALARY. The Mayor shall receive an annual salary of $12,000.00, payable in
twelve equal monthly installments.
(Ord. 106, 8/15/2006); (Ord. 164-13-11, 8/16/2011); (Ord. 230-07-19, 7/16/2019).
1-5-9: AID TO ENFORCE LAWS. The Mayor may call on every citizen residing in the
City over the age of twenty-one (21) years and under the age of fifty (50) years to aid in enforcing
the laws.
1-5-10: APPOINTMENT OF COMMITTEES. The Mayor may appoint committees
from among the members of the Council to assist in the management and administration of the
City. Each committee shall consist of two (2) or more members of the Council.
1-5-11: DECLARATION OF CANDIDACY. Each candidate shall file a Declaration of
Candidacy with the City Clerk before any Petition of Nomination is signed or circulated. Such
declaration shall be in substantially the following form:
DECLARATION OF CANDIDACY
I, the undersigned, affirm that I am a qualified elector of the City of
Iona, State of Idaho, and that I have resided in the City for at least thirty
(30) days. I hereby declare myself to be a candidate for the office of Mayor,
for a term of four years, to be voted for at the election to be held on the
_____ day of ________________, 20___, and certify that I possess the legal
qualifications to fill said office, and that my residence address is
______________________, Iona, Idaho, 83427.
(signed)
TITLE 1 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 12
SUBSCRIBED AND SWORN TO before me this _____ day of
________________, 20___.
Notary Public for Idaho
(seal) Residing:
My commission expires:
(Ord. 188-10-14, 10/21/2014).
1-5-12: ELECTIONS AND PETITION OF CANDIDACY. All elections shall be non-
partisan in nature and shall be conducted in the manner provided in Chapter 4, Title 50, Idaho
Code. Candidates for election to the office of Mayor shall be nominated by petition in the form
provided by Idaho Code 50-407 and in accordance with this Chapter. The completed declaration
of candidacy shall be accompanied by (1) a petition of candidacy signed by not less than five (5)
registered qualified electors; or (2) a nonrefundable filing fee of forty dollars ($40.00) which shall
be deposited in the city treasury.
(Ord. 188-10-14, 10/21/2014).
1-5-13: FORM OF PETITION. Petitions of Nomination shall be in substantially the
following form:
PETITION OF CANDIDACY
This petition must be filed in the office of the City Clerk not earlier
than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth
Friday immediately preceding election day. The submitted petition must
have affixed thereto the names of at least five (5) qualified electors who
reside within the City
I, the undersigned, being a qualified elector of the City of Iona
in the State of Idaho, do hereby certify and declare that I reside at the place
set opposite my name and that I do hereby join in the petition of
____________________, a candidate for the office of Mayor to be voted at
the election to be held on the _____ day of ________________, 20___.
Signature of Petitioner Printed Name Residence Address Date Signed
_______________ _________ _______________ _________
_______________ _________ _______________ _________
_______________ _________ _______________ _________
TITLE 1 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 13
_______________ _________ _______________ _________
(signed)
STATE OF IDAHO )
)ss.
County of Bonneville )
I, ____________________, being first duly sworn, say: That I
am a resident of the State of Idaho and at least eighteen (18) years of age;
that every person who signed this sheet of the foregoing petition signed his
or her name thereto in my presence; I believe that each has stated his or her
name and residence address correctly; and that each signer is a qualified
elector of the State of Idaho, and the City of Iona
Signed:
Address:
(Ord. 188-10-14, 10/21/2014).
TITLE 1 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 14
CHAPTER 6 Council
SECTION:
1-6-1: Regular Meeting
1-6-2: Special Meetings
1-6-3: Open Meetings
1-6-4: Term of Office
1-6-5: Salary
1-6-6: President of the council
1-6-7: Consent Agenda
1-6-8: Funds Controlled by Council
1-6-9: Election or Appointment
1-6-10: Declaration of Candidacy
1-6-11: Elections and Petitions for Candidacy
1-6-12: Form of Petition
1-6-13: Signatures on Petition
1-6-14: Filing of Petition
1-6-1: REGULAR MEETING. One regular meeting of the City Council shall be held
each month at City Hall, 3548 North Main Street, Iona, Idaho, as specified annually by resolution
of the City Council. The Mayor shall have the power to recess any meeting to a different place or
time upon giving due notice thereof.
(Ord. 99, 8/17/2005); (Ord. 147-05-09, 12/15/2009); (Ord. 297-10-23, 10/17/2023).
1-6-2: SPECIAL MEETINGS. One half plus one members of the full Council may call
a special meeting provided the object of which shall be submitted to the Council in writing, and
the call and object of the meeting and all minutes required to be kept by law shall be entered upon
the journal kept by the Clerk.
TITLE 1 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 15
1-6-3: OPEN MEETINGS. All regular and special meetings of the Council shall be open
to the public, except the Council may retire into a closed executive session as permitted by State
law. The City Clerk shall record the vote of Council to retire into executive session and the Clerk
shall state in the minutes the general purpose for such session. The Clerk or any other person
appointed by the Mayor shall keep such minutes as will indicate the general tenor of the meeting,
which minutes shall be recorded in the Clerk's journal. No final decision for which an affirmative
vote of a majority of the Council is required by law, may be made while the Council is in executive
session. For the purposes hereof, the term "meeting" shall mean any convocation of any meeting
of the Council at which a quorum is present for the purpose of making a decision or deliberating
toward a decision on any matter of public business.
1-6-4: TERM OF OFFICE. The Council members shall take office after ascribing to the
oath of office and upon receipt of their certificates of election. Subscription to the oath of office
and delivery of the certificates of election shall be done at the first regular Council meeting in
January of the year following a general election. Newly elected members shall be sworn into
office in the same order as the number of votes cast for each member at the same election, with
the member receiving the most votes to be sworn first. Each member shall serve for a term of four
(4) years, or until his or her successor is elected and sworn, whichever is longer.
1-6-5: SALARY. Each Council member shall receive an annual salary of $3,600.00,
payable in twelve equal monthly installments.
(Ord. 164-13-11, 8/16/11); (Ord. 230-7-19, 7/16/19).
1-6-6: PRESIDENT OF THE COUNCIL. At the first regular Council meeting in
January of the year following a general election, the Council shall elect one of the Council
members as President of the Council. The President of the Council shall preside at all meetings in
the absence of the Mayor. During any temporary absence or disability of the Mayor, the President
of the Council shall exercise the office of the Mayor until the Mayor shall return or the disability
is removed. In case of vacancy in the office of Mayor, the President shall exercise the office of
Mayor until such vacancy is filled. In the temporary absence of the Mayor and the President of
the Council, the senior member of the Council, as determined from the date and order of swearing
in, shall temporarily serve as the President of the Council until the Mayor or President returns.
1-6-7: CONSENT AGENDA. Whenever the Mayor considers an item to be routine and
non-controversial, he or she may place the same on the consent agenda for consideration at any
regular meeting of the Council, provided, however, any action which may be taken only by
ordinance may not be placed on the consent agenda. Items of business on the consent agenda may
include, but need not be limited to the following: approval of minutes; approval of citizen
TITLE 1 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 16
appointments; referrals to committees; approval of reports; approval of authorization of
communications; approval or resolutions or other items which had been considered by the Council
at earlier meetings and setting of public hearings. The consent agenda may be considered by the
Council as a single item and may be introduced by a motion to approve the consent agenda. On
objection to the inclusion of any item on the consent agenda by any member of the Council, that
item shall be removed from the consent agenda and may be considered at any time in the meeting
which the Mayor deems appropriate. Neither a formal motion nor a second is necessary to remove
an item from the consent agenda. Such objections shall be recorded prior to taking the vote to
approve the consent agenda. There shall be no debate or discussion of any item on a consent
agenda beyond asking questions for a simple verification. Passage of the consent agenda shall be
fully equivalent to approval, adoption, or enactment of each motion, resolution or other item of
business thereon as if each item thereon had been acted upon individually. Approval of the motion
must be by a roll call vote. The City Clerk shall record in the Council minutes each item passed
under the consent agenda, individually and in full.
1-6-8: FUNDS CONTROLLED BY COUNCIL. All monies and funds belonging to or
controlled by the City shall be controlled and administered by the Mayor and Council in the manner
required by law and subject to all ordinances and rules and regulations adopted by the Council as
may be necessary for the efficient and prudent use and protection of the same.
1-6-9: ELECTION OR APPOINTMENT. All members of the Council shall be elected
at large or appointed in the manner provided by law. At any general election, the candidate or
candidates to receive the highest number of votes shall be declared the winner(s) and no candidate
shall be required to receive a majority of the votes cast at the election.
1-6-10: DECLARATION OF CANDIDACY. Each candidate shall file a Declaration of
Candidacy with the City Clerk before any Petition of Nomination is signed or circulated. Such
declaration shall be in substantially the following form:
DECLARATION OF CANDIDACY
I, the undersigned, affirm that I am a qualified elector of the City of
Iona, State of Idaho, and that I have resided in the City for at least thirty
(30) days. I hereby declare myself to be a candidate for the office of City
Council, for a term of four years, to be voted for at the election to be held
on the _____ day of ________________, 20___, and certify that I possess
the legal qualifications to fill said office, and that my residence address is
______________________, Iona, Idaho, 83427.
TITLE 1 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 17
(signed)
SUBSCRIBED AND SWORN TO before me this _____ day of
________________, 20___.
Notary Public for Idaho
(seal) Residing:
My commission expires:
(Ord. 187-09-14, 10/21/2014).
1-6-11: ELECTIONS AND PETITIONS FOR CANDIDACY. All elections shall be
non-partisan in nature and shall be conducted in the manner provided in Chapter 4, Title 50, Idaho
Code. Candidates for election to the Council shall be nominated by petition in the form provided
by Idaho Code 50-407 and in accordance with this Chapter. The completed declaration of
candidacy shall be accompanied by (1) a petition of candidacy signed by not less than five (5)
registered qualified electors; or (2) a nonrefundable filing fee of forty dollars ($40.00) which shall
be deposited in the city treasury.
(Ord. 187-09-14, 10/21/2014).
1-6-12: FORM OF PETITION. Petitions of Candidacy shall be in substantially the
following form:
PETITION OF CANDIDACY
This petition must be filed in the office of the City Clerk not earlier
than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth
Friday immediately preceding election day. The submitted petition must
have affixed thereto the names of at least five (5) qualified electors who
reside within the City
I, the undersigned, being a qualified elector of the City of Iona
in the State of Idaho, do hereby certify and declare that I reside at the place
set opposite my name and that I do hereby join in the petition of
____________________, a candidate for the office of City Council to be
voted at the election to be held on the _____ day of _____________, 20___.
Signature of Petitioner Printed Name Residence Address Date Signed
_______________ _________ _______________ _________
TITLE 1 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 18
_______________ _________ _______________ _________
_______________ _________ _______________ _________
_______________ _________ _______________ _________
(signed)
STATE OF IDAHO )
)ss.
County of Bonneville )
I, ____________________, being first duly sworn, say: That I
am a resident of the State of Idaho and at least eighteen (18) years of age;
that every person who signed this sheet of the foregoing petition signed his
or her name thereto in my presence; I believe that each has stated his or her
name and residence address correctly; and that each signer is a qualified
elector of the State of Idaho, and the City of Iona
Signed:
Address:
SUBSCRIBED AND SWORN TO before me this _____ day of
________________, 20___.
Notary Public for Idaho
(seal) Residing:
My commission expires:
(Ord. 187-09-14, 10/21/2014).
1-6-13: SIGNATURES ON PETITION. A qualified elector may not nominate more
persons than the number of seats up for election. Any signatures made in violation of this section
shall be void for all petitions signed in violation of this section.
(Ord. 187-09-14, 10/21/2014).
TITLE 1 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 19
1-6-14: FILING OF PETITION. The petition must be filed in the office of the City Clerk
no earlier than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth Friday
immediately preceding election day.
(Ord. 187-09-14, 10/21/2014).
TITLE 1 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 20
CHAPTER 7 Appointive Officers
SECTION:
1-7-1: Appointment
1-7-2: Compensation
1-7-3: Duties
1-7-4: Bonds
1-7-5: Personnel Policy and Code of Conduct
1-7-6: Reports and Accounts
1-7-1: APPOINTMENT. The Mayor shall, subject to confirmation by the Council,
appoint a city clerk, treasurer, city attorney and such other appointive officers deemed necessary
for the efficient operation of the City. The Mayor may suspend or remove any person from an
appointive office, subject to the confirming vote of a majority of the Council, and the Council may,
by unanimous vote without the Mayor's concurrence, suspend or remove such officers.
1-7-2: COMPENSATION. The Council shall determine the compensation and benefits
to be paid or given to all appointive officers.
1-7-3: DUTIES. All appointed officers shall have such duties as may be prescribed by
ordinance or by a written agreement approved by the Council.
1-7-4: BONDS. No bond shall be required of any appointive officer except as expressly
required by this Code.
1-7-5: PERSONNEL POLICY AND CODE OF CONDUCT. All full-time appointive
officers shall be subject to the City Personnel Policy and Code of Conduct.
1-7-6: REPORTS AND ACCOUNTS. The Mayor and City Council may require any
appointive officer to exhibit his or her accounts, papers or other documents and to make written
reports pertaining to his or her office.
TITLE 1 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 21
CHAPTER 8 Employee Policies and Procedures
SECTION:
1-8-1: Appointment
1-8-2: Personnel Policy and Code of Conduct
1-8-3: Salaries and Classification
1-8-4: Rules and Regulations
1-8-5: Availability of Policies
1-8-6: Deferred Compensation
1-8-1: APPOINTMENT. All appointive officers and employees of the City shall serve
at the discretion of the Mayor and Council and shall have no right of continued employment or
employment benefits, except as agreed in writing and expressly approved by the Council.
1-8-2: PERSONNEL POLICY AND CODE OF CONDUCT. All employees shall be
subject to the Personnel Policy and Code of Conduct as approved by ordinance or resolution of the
Council, except to the extent such Personnel Policy or Code of Conduct is inconsistent with any
written collective bargaining contract approved by the Council.
1-8-3: SALARIES AND CLASSIFICATION. All employees shall receive such salaries
as may be also determined by the Council. Officers or employees shall be paid such salaries and
benefits as may be determined by a written collective bargaining agreement or other agreement
approved by the City Council.
1-8-4: RULES AND REGULATIONS. All employees shall abide by rules and
regulations adopted by the division in which they are employed and by rules and regulations
adopted by the Mayor.
1-8-5: AVAILABILITY OF POLICIES. Any person hired after the effective date of
this Code shall be given a copy of the Personnel Policy, the Code of Conduct and his or her pay
grade classification schedule at the time he or she is hired. Notwithstanding the foregoing, nothing
herein shall prevent the application or enforcement of any policy or procedure set forth in the
TITLE 1 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 22
Personnel Policy or Code of Conduct in the event an employee fails to receive a copy thereof at
the time of his or her employment. One copy of the Personnel Policy, Code of Conduct and
classified pay grade schedules shall be maintained in the office of the City Clerk, Personnel
Department and each division of the City. If the Personnel Policy or Code of Conduct is amended
or modified after the effective date of this Code, a copy of such amendment or modification shall
be posted for a period of not less than two weeks in the office of the City Clerk, Personnel
Department and in a conspicuous place in each of the administrative offices of each division of the
City.
1-8-6: DEFERRED COMPENSATION. The Mayor and City Council may, by
ordinance or by contract, provide for any retirement plan, deferred compensation plan, insurance
benefits or other program benefits permitted by law.
TITLE 1 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 23
CHAPTER 9 Oath, Bonds and Official Conduct
SECTION:
1-9-1: Oath
1-9-2: Bonds
1-9-3: Qualifications of Elective Officers
1-9-4: Interest in Contracts
1-9-5: Nepotism
1-9-6: Payments Unlawful
1-9-7: Payment for Public Services Prohibited
1-9-8: Public Accounts Required
1-9-9: Bribery
1-9-10: Compensation for Past Official Behavior
1-9-11: Gifts to Public Servants
1-9-12: Compensation for Assisting Private Interests
1-9-13: Interest in Sales
1-9-14: Unlawful Payment of Warrants
1-9-1: OATH. Every elective officer of the City, before duty, shall take and subscribe
before a person authorized to administer public oaths, an oath substantially in the following form:
I do solemnly swear (or affirm, as the case may be) that I will support the
Constitution of the United States, the Constitution and the Laws of the United
States, the State of Idaho, and the City of Iona, and that I will faithfully discharge
the duties of (insert office) according to the best of my ability.
Said oath shall be certified by the officer before whom it was taken and the subscribed oath and
certification shall be filed with the City Clerk.
TITLE 1 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 24
1-9-2: BONDS. Before performing any duties of their respective offices, the following
appointive officers shall furnish an official bond in the following amounts:
Clerk $5,000.00
Treasurer $5,000.00
If the offices of the Clerk and Treasurer are held by the same person, then only one bond need be
posted. All office employees, except the Clerk and Treasurer, in the Mayor and City Clerk's office
and all building inspectors shall be covered by a blanket bond in the amount of five thousand
dollars ($5,000.00). Such bonds shall be approved by the Mayor and Council and shall be filed
with the Clerk, except the bond of the City Clerk, which shall be filed with Mayor. The premiums
on such bonds shall be paid by the City.
1-9-3: QUALIFICATIONS OF ELECTIVE OFFICERS. No person shall hold any
elective office unless he or she is a qualified elector of the City at the time of his or her election.
1-9-4: INTEREST IN CONTRACTS. No elective or appointive officer of the City shall
have any interest in any contract prohibited by state law. No employee of the City shall have any
interest in any contract in which he or she shall have any official discretion regarding the execution
or administration thereof.
1-9-5: NEPOTISM. It shall be unlawful for any elective or appointive officer of the City
to appoint or vote for the appointment of any person related to such officer or any of his or her
associates in office by affinity or consanguinity within the second degree to any clerkship, office,
position, employment or duty when the salary or compensation of such appointee is to be paid out
of public funds.
1-9-6: PAYMENTS UNLAWFUL. No officer or employee of the City shall pay out of
any public funds under his or her control or to draw or authorize the drawing of any warrant or
authority for payment out of any public fund, any salary or compensation of a person who is
ineligible under the preceding section.
1-9-7: PAYMENTS FOR PUBLIC SERVICES PROHIBITED. It shall be unlawful
for any officer or employee of the City to personally accept payment for any service performed by
such employee in the ordinary course of employment.
TITLE 1 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 25
1-9-8: PUBLIC ACCOUNTS REQUIRED. It shall be unlawful for any elective or
appointive officer who receives fees for services, or who receives public monies for safekeeping,
to fail to keep a public account in which all receipts of fees or monies are entered. Such account
shall also include a statement of whom and on what account such monies or fees are received. It
shall also be unlawful for any elective of appointive officer to fail to keep a like account of all
disbursements of public monies and to whom and on what account the same were paid.
1-9-9: BRIBERY. It shall be unlawful for any officer or employee of the City to accept
any pecuniary benefit as consideration for the recipient's decision, opinion, recommendation, vote
or other exercise of discretion as a public servant or to accept any benefit as consideration for a
violation of a known legal duty as a public servant.
1-9-10: COMPENSATION FOR PAST OFFICIAL BEHAVIOR. It shall be unlawful
for any officer or employee of the City to accept or agree to accept any pecuniary benefit as
compensation for having as a public servant, given the decision, opinion, recommendation or vote
favorable to another or for having otherwise exercised a discretion in his favor, or for having
violated his duty.
1-9-11: GIFTS TO PUBLIC SERVANTS. Except as expressly stated in this Code, all
words shall have their ordinary, generally-accepted meaning.
(A) It shall be unlawful for any officer or employee of the City exercising regulatory functions
or conducting inspections or investigations, or carrying on civil or criminal litigation on
behalf of the City, or having custody of a prisoner, to solicit, accept or agree to accept any
pecuniary benefit from a person known to be subject to such regulation, inspection,
investigation or custody or against whom such litigation is known to be pending or
contemplated.
(B) It shall be unlawful for any officer or employee of the City having any discretionary
function to perform in connection with contracts, purchases, payments, claims or other
pecuniary transactions of the government to solicit, accept or agree to accept any pecuniary
benefit from any person known to be interested in or likely to become interested in any
such contract, purchase, payment, claim or transaction.
(C) For the purposes of this section, the term "pecuniary benefit" shall mean any benefit in the
form of money, property, or any other thing the primary significance of which is economic
gain, but excluding any advantage promised generally to a group or class of voters as a
consequence of public measures which such officer supports or opposes.
TITLE 1 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 26
(D) This section shall not apply to:
(1) fees prescribed by law to be received by such officer or employee or any other
benefit for which the recipient gives legitimate consideration or to which he is
otherwise legally entitled;
(2) gifts or other benefits on account of kinship or other personal, professional or
business relationship independent of the official status of the receiver;
(3) trivial benefits incidental to personal or business contacts and having no substantial
risk of undermining official impartiality.
1-9-12: COMPENSATION FOR ASSISTING PRIVATE INTERESTS. It shall be
unlawful for any officer or employee of the City to solicit accept or agree to accept compensation
for advice or other assistance in preparing or promoting a bill, contract, claim or other transaction
or proposal as to which such officer or employee knows that he or she has or is likely to have an
official discretion to exercise.
1-9-13: INTEREST IN SALES. It shall be unlawful for any officer or employee of the
City to be a purchaser at any sale made by them in their official capacity, or to act as a vendor at
any purchase made by them in their official capacity.
1-9-14: UNLAWFUL PAYMENT OF WARRANTS. It shall be unlawful for any officer
or employee of the City charged with the disbursement of public monies to pay any warrant or any
other evidence of indebtedness when the same has been purchased, sold, received or transferred
contrary to the provisions of this chapter.
TITLE 1 IONA CITY CODE
CHAPTER 10 (Revision: February 29, 2024) Page 27
CHAPTER 10 Ordinances
SECTION:
1-10-1: Presentment of Ordinances
1-10-2: Manner of Passage
1-10-3: Passage
1-10-4: Veto by Mayor; Passage over Mayor’s Veto
1-10-5: Veto Certificate
1-10-6: Becoming Law without Mayor’s Signature
1-10-7: Certificate
1-10-8: Passage Date
1-10-9: Publication and Effective Date
1-10-10: Recording of Ordinances
1-10-11: Book of Ordinances
1-10-1: PRESENTMENT OF ORDINANCES. Ordinances may be considered only at a
regular meeting or a special meeting of the Council called for that purpose. All ordinances shall
be presented in writing and the passage, execution and publication thereof shall conform to the
provisions of this chapter.
1-10-2: MANNER OF PASSAGE. Every ordinance shall be read at three different
Council meetings, two (2) readings of which may be by title only, and one (1) reading of which
shall be in full, unless one-half plus one of the members of the Council shall dispense with this
rule. An ordinance shall contain no subject which is not clearly expressed in its title and no
ordinance or sections thereof shall be revised or amended unless the new ordinance contains the
entire ordinance or sections as revised or amended, and the ordinance or section so revised or
amended is repealed in its entirety. The passage or adoption of ordinances of a general and
permanent nature, shall be by roll call and the yeas and nays shall be recorded by the Clerk. To
pass or adopt any ordinance, a concurrence of a majority of the Council shall be sufficient, unless
a greater number of votes is required by this Code or by state law.
TITLE 1 IONA CITY CODE
CHAPTER 10 (Revision: February 29, 2024) Page 28
1-10-3: PASSAGE. When any ordinance is passed, it shall forthwith be signed by the
Mayor and attested by the Clerk, and the date of its passage by the Council shall be stated thereon.
The Clerk shall attach to each ordinance a certificate of its authenticity, passage and execution and
the seal of the City shall be impressed on the original thereof.
1-10-4: VETO BY MAYOR; PASSAGE OVER MAYOR’S VETO. If the Mayor
neglects or refuses to sign an ordinance, he or she shall return the same to the Council with his or
her objections and veto in writing on or before the date of the next regular meeting of the Council
following its passage. When an ordinance is so returned by the Mayor the Council may reconsider
the same. If four members of the Council approve the ordinance, it shall become law
notwithstanding the Mayor's veto.
1-10-5: VETO CERTIFICATE. When any ordinance has been passed over the Mayor's
veto, the Clerk shall attach a certificate to the ordinance stating the same was vetoed by the Mayor
and that it received the required vote of the Council and the date of such action.
1-10-6: BECOMING LAW WITHOUT MAYOR’S SIGNATURE. If the Mayor
refuses or neglects to sign any ordinance and fails to return the same to the Council in accordance
with Section 1-10-4 above, it shall become effective without his signature.
1-10-7: CERTIFICATE. When any ordinance has become effective without the signature
of the Mayor, the Clerk shall certify thereon that the Mayor has failed to sign or veto the ordinance,
and that it has become effective without his signature.
1-10-8: PASSAGE DATE. An ordinance shall be considered passed on the date of its
execution by the Mayor. In the case of passage pursuant to Section 1-10-4 the ordinance shall be
deemed passed on the date of the regular meeting at which the ordinance was passed by the Council
over the Mayor's veto. In the case of passage pursuant to Section 1-10-6, the ordinance shall be
deemed passed at the conclusion of the next regular meeting following the meeting at which it was
originally passed by the Council.
1-10-9: PUBLICATION AND EFFECTIVE DATE. All ordinances shall become
effective upon their publication in the Official Newspaper and proof of publication thereof is filed
with the Clerk. In lieu of publishing the entire ordinance, the City may publish a summary of the
ordinance in accordance with Section 50-901(A), Idaho Code. Approval of the summary by the
Council and the City Attorney shall be conclusive with respect to the completeness, adequacy and
accuracy of the summary.
TITLE 1 IONA CITY CODE
CHAPTER 10 (Revision: February 29, 2024) Page 29
1-10-10: RECORDING OF ORDINANCES. The Clerk shall keep all original ordinances
as passed, executed and published in a book provided by the City.
1-10-11: BOOK OF ORDINANCES. The City shall provide, and the City Clerk shall
maintain, a book to be known as the City Ordinance Book. All general and special ordinances of
the City shall be kept in the City Ordinance Book, irrespective of whether an ordinance is codified
and published in the City Code.
TITLE 1 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 30
CHAPTER 11 Elections
SECTION:
1-11-1: Conduct of Elections
1-11-2: Election Precincts
1-11-3: Campaign Expenditures
1-11-4: Opening and Closing of Election Polls
1-11-1: CONDUCT OF ELECTIONS. The conduct of all general and special elections,
the nomination of candidates for elective office, notices of election, qualifications of elector and
officers, and appointment and compensation of deputy registrars and election officials, provision
for polling places, canvassing of the election returns, and all other election procedures of the City,
shall be governed by Chapter 4, Title 50, Idaho Code. The registration of qualified electors shall
conform to Title 34, Idaho Code.
1-11-2: ELECTION PRECINCTS. Unless otherwise determined by ordinance or
resolution of the City Council, all election precincts within the City shall conform to the precinct
boundaries established by the Bonneville County Board of Commissioners pursuant to the
provisions of Chapter 3, Title 34, Idaho Code.
1-11-3: CAMPAIGN EXPENDITURES. The provisions of Section 67-6601 through 67-
6623 and 67-6623 through 67-6628, Idaho Code, insofar as they relate to the reporting of campaign
contributions, shall apply to all elections for Mayor and members of the Council.
1-11-4: OPENING AND CLOSING OF ELECTION POLLS. At all general elections
of the City, the polls shall be opened at 8:00 a.m. and shall remain open until all registered electors
of that precinct have voted or until 8:00 p.m. of the same day, whichever occurs first. At all special
elections of the City, the polls shall be opened at such time as may be established by ordinance
and shall remain open until all registered electors of that precinct have voted or until 8:00 p.m. of
the same day, whichever comes first.
TITLE 1 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 31
CHAPTER 12 Initiative, Referendum and Recall
SECTION:
1-12-1: Direct Legislation
1-12-2: Method for Exercising Initiative and Referendum
1-12-3: Date of Election
1-12-4: Limitations on Right
1-12-1: DIRECT LEGISLATION. The people of the City, in addition to the method of
legislation otherwise provided, shall have the power of direct legislation by initiative and
referendum.
1-12-2: METHOD FOR EXERCISING INITIATIVE AND REFERENDUM. The
method for exercising the right of initiative and referendum shall be as provided in Chapter 18,
Title 34, Idaho Code.
(Ord. 201-01-16, 1/19/2016).
1-12-3: DATE OF ELECTION. Initiative and referendum elections shall be held on the
date authorized under Idaho Code § 34-106(8).
(Ord. 201-01-16, 1/19/2016).
1-12-4: LIMITATIONS ON RIGHT. The right of initiative and referendum shall, to the
extent permitted by the Constitution and Laws of the State of Idaho, be limited solely to legislative
matters and shall not be exercised to impair any vested contract or property right or deprive any
person of due process of law. To the extent permitted by law, the right of initiative or referendum
shall not be exercised with respect to any measure pertaining to bond issuance, tax levies, fiscal
appropriations, zoning and discretionary or administrative matters, or any other matter in conflict
with the Constitution and Laws of the State of Idaho.
(Ord. 201-01-16, 1/19/2016).
TITLE 1 IONA CITY CODE
CHAPTER 13 (Revision: February 29, 2024) Page 32
CHAPTER 13 City Finances
SECTION:
1-13-1: Presentment and Allowance of Claims
1-13-2: Tort Claims
1-13-3: Acceptance of Payment
1-13-4: Payment of Claims
1-13-5: Register of Warrants
1-13-6: Payment of Registered Warrants
1-13-7: Cancelled Warrants to be Filed
1-13-8: Designation of Depositories
1-13-9: Deposit of Public Funds by Treasurer
1-13-10: Certification of Depositories by Council
1-13-11: Investment of Idle Funds
1-13-12: Compliance with State Laws
1-13-1: PRESENTMENT AND ALLOWANCE OF CLAIMS.
(A) All claims for payment for goods or services for which a written purchase order or contract
has been duly approved or authorized by the Council shall be filed with the City Clerk prior
to payment thereof. All such claims shall be reviewed by the City Clerk and shall be
certified as correct prior to submission to the Council.
(B) All bills shall be accepted, certified for payment and paid within sixty (60) calendar days
after the billing is delivered to the Clerk, unless the claimant and the City have agreed by
written contract for a longer period of time in which payment is to be made.
(C) All claims, accounts or invoices shall state in detail the nature of each item for which
payment is sought, the date the same became due and shall be accompanied by an affidavit
of the claimant or his authorized agent stating that the service was performed or that the
article was furnished as therein stated, or that the liability has accrued and that the same is
a just and correct statement of the claim.
TITLE 1 IONA CITY CODE
CHAPTER 13 (Revision: February 29, 2024) Page 33
(D) All claims for which payment has not been made within the time frame set forth above
shall bear interest at the rate provided in Section 63-3045, Idaho Code, unless a different
rate of interest or date of accrual has been agreed upon in writing between the City and the
claimant.
(E) Unless otherwise agreed in writing, no payment shall be made for partial deliveries or
partial completion of any services.
(F) Upon presentation of the claim to the Council, the claim may be allowed in whole or in
part, and if rejected, it shall not be again considered by the Council except upon a majority
vote of the whole Council to reconsider the claim.
(G) Payment of such claims shall in all other respects conform to the provisions of Idaho Code
Section 67-2302.
1-13-2: TORT CLAIMS. All claims for damages against the City shall be filed with the
Clerk within the time and in the manner specified by Chapter 9, Title 6, Idaho Code. When the
claim is filed, the Clerk shall date stamp the claim and execute an acknowledgment of the receipt
of the claim. A claim shall be considered filed upon delivery of the claim to the Clerk and upon
delivery to the claimant of a date stamped, acknowledged copy of the claim.
1-13-3: ACCEPTANCE OF PAYMENT. Whenever the Council orders payment of any
claim, whether in whole or in part, acceptance of any warrant or check by the claimant shall be
considered a settlement in full of said claim, and the same shall not be presented for further
allowance, unless upon an affirmative vote of three-fourths of the members of the full Council.
1-13-4: PAYMENT OF CLAIMS. All claims allowed against the City shall be paid by
warrant or check drawn upon the Treasurer, and signed by the Mayor, with the corporate seal of
the City affixed thereto. Such warrants or checks shall also contain a statement of the amount of
the appropriation and such other information as will adequately identify the claim.
1-13-5: REGISTER OF WARRANTS. The Clerk shall keep a register of all warrants
drawn on the Treasurer showing the number, the date and the name of the payee, for what drawn,
and upon what fund. Upon the return of the cancelled warrant, the Clerk shall note in the register
the date of their return.
1-13-6: PAYMENT OF REGISTERED WARRANTS. The Treasurer shall keep a
register of the warrants showing the number, date, amount of each warrant, the name of the payee,
TITLE 1 IONA CITY CODE
CHAPTER 13 (Revision: February 29, 2024) Page 34
for what drawn, the funds on which drawn, the date of presentment, the date of payment, and the
amount paid thereon. Should any warrant be presented for payment and sufficient funds are not
available to pay the same, the Treasurer shall sign the warrant and endorse thereon the words:
"Presented but not paid for want of funds," giving the date of presentation and specifying the rate
of interest such warrant shall draw. All warrants shall be paid in the order of presentation and
registered by the Treasurer out of the appropriate funds. All warrants shall be cancelled by the
Treasurer when paid and shall be returned to the Clerk.
1-13-7: CANCELLED WARRANTS TO BE FILED. Cancelled warrants returned by
the Treasurer shall be filed in the office of the Clerk.
1-13-8: DESIGNATION OF DEPOSITORIES. The following financial institutions are
hereby designated as the official depositories of the City: Zions Bank, N.A., Bank of Commerce,
Key Bank and Westmark Credit Union. Notwithstanding the foregoing, the Council may designate
other depositories by ordinance or resolution. All such deposits shall be subject to the limits set
forth in Idaho Code §§ 50-1013 and 67-1210.
(Ord. 186-08-14; 10/21/2014).
1-13-9: DEPOSIT OF PUBLIC FUNDS BY TREASURER. Except where public
moneys in the custody of the Treasurer at any one time are less than $1,000, the Treasurer shall
deposit, and at all times keep on deposit, in such designated depositories, all public moneys coming
into his hands. In no case shall the deposit or deposits of public funds of the City in such
depositories exceed at any one time in the aggregate the total of the capital and surplus or reserves
and unallocated or undivided earnings, as applicable of any such depository.
1-13-10: CERTIFICATION OF DEPOSITORIES BY COUNCIL. Not less than once
every six (6) months the City Council shall certify to the Treasurer the capital and surplus or
reserves and unallocated or undivided earnings, as applicable, of each public depository into which
public moneys have been deposited. Such certificates shall be immediately served on the Treasurer
following their approval by the City Council.
1-13-11: INVESTMENT OF IDLE FUNDS. The Treasurer is hereby authorized and
empowered to invest surplus or idle funds of the City in any investment permitted by Idaho Code
§§ 57-127 and 50-1013. All interest received on such investments, unless otherwise required by
law or ordinance, shall be paid into the general fund of the City. All such deposits shall be subject
to the limits set forth in Idaho Code §§ 50-1013 and 67-1210.
(Ord. 186-08-14; 10/21/2014).
TITLE 1 IONA CITY CODE
CHAPTER 13 (Revision: February 29, 2024) Page 35
1-13-12: COMPLAINCE WITH STATE LAWS. The deposit and investment of all public
moneys of the City shall conform in all respects to the Idaho Public Depository Law, as set forth
in Chapter 1, Title 57, Idaho Code.
TITLE 1 IONA CITY CODE
CHAPTER 14 (Revision: February 29, 2024) Page 36
CHAPTER 14 Public Records
SECTION:
1-14-1: Open Records Policy
1-14-2: Hours
1-14-3: Exceptions
1-14-4: Copying Costs
1-14-5: Identification and Retrieval of Records
1-14-6: Custodian Defined
1-14-7: Request for Examination
1-14-8: Response to Requests for Examination
1-14-9: Mailing of Records
1-14-10: Electronic Duplication
1-14-11: Objection to Records Production
1-14-12: Retention of Temporary Records
1-14-13: Destruction or Alteration of Records
1-14-1: OPEN RECORDS POLICY. All records of the City shall be open to inspection
and every person shall have a right to examine and make a copy thereof, subject to the provisions
of this chapter. Nothing herein shall impose a duty upon the custodian of any public record to
research, sort, manipulate, index or process information contained in any public record.
1-14-2: HOURS. All records open to the public shall be available for inspection or copying
upon the request of any member of the public during regular office hours of the City Clerk or
custodian of the records, as may be established by executive order of the Mayor or by Ordinance
of the City Council. Public records may not be removed from the custodian's office without the
permission of such custodian.
(Ord. 132, 1/15/2008).
TITLE 1 IONA CITY CODE
CHAPTER 14 (Revision: February 29, 2024) Page 37
1-14-3: EXCEPTIONS. Except as otherwise determined by specific resolution of the
Council, the public shall have no right to inspect or copy the following records:
(A) All records exempt from inspection and copying by law.
(B) Records prepared, considered or received in relation to or in anticipation of any matter
which is properly the subject of an executive session under Idaho Code Section 67-2345.
(C) All public records to the extent it is necessary to preserve any privilege established by law
or pursuant to the Idaho Rules of Evidence, or to the extent necessary to preserve and
maintain records relating to a privilege of any officer, employee, agent of the City or any
other person who delivers records or documents to the City having an expectation of the
confidentiality thereof under such privileges.
1-14-4: COPYING COSTS. Every division or department of the City may establish a
reasonable fee for providing copies under the provisions of this chapter, provided such fees shall
not exceed the actual expense of making the copy. The custodian of the public records may require
payment of the estimated costs of copying in advance.
1-14-5: IDENTIFICATION AND RETRIEVAL OF RECORDS. All requests for
inspection or copying shall be made directly to the custodian of the desired records and shall be
sufficiently specific to allow ready identification of the records desired. In the event a request for
inspection or copying fails to state the specific identity or location of public records, then the
custodian shall have no obligation to locate, retrieve or copy such records, beyond indicating the
general location of records of the type indicated and then allowing such person to examine the
records so indicated.
1-14-6: CUSTODIAN DEFINED. For the purpose of this chapter, the term “custodian”
shall mean (A) the City Clerk, including any and all employees or representatives of the City Clerk
and (B) the person having actual physical custody of the records for which inspection or copying
is sought. The custodian shall have custody of, control of, and/or authorized access to the pertinent
records of the City. The custodian shall also receive all public records requests, with any
employees or representatives of the custodian acting as alternate custodians for contingencies.
(Ord. 220-05-18, 5/17/18).
1-14-7: REQUEST FOR EXAMINATION. The custodian shall make no inquiry of the
person requesting inspection or copying of any public record, except to determine the nature or
identity of the records sought and the mailing address and telephone number of the person making
the request. The custodian of the public records, or his or her agent, may require the request for
TITLE 1 IONA CITY CODE
CHAPTER 14 (Revision: February 29, 2024) Page 38
inspection or copying be made in writing, and in such event, the time frames set forth in Section
1-14-8 below shall not commence until the written request is delivered to the person having
physical custody of such records, notwithstanding any prior verbal request.
1-14-8: RESPONSE TO REQUESTS FOR EXAMINATION. The custodian of any
public record shall grant or deny a request for examination or copying within three (3) working
days after the request is received, provided if the custodian determines a longer period of time is
needed to locate or retrieve the records, the custodian shall notify the person requesting the records
and shall provide the public records no later than ten (10) working days following receipt of the
request. No request shall be denied, unless the denial is in writing, following approval by the City
Attorney, in accordance with Idaho Code Section 9-339. For the purposes of this section, a request
for copying shall not be deemed made until the request has been personally communicated to, or
a written request is delivered to, the custodian of the records sought. Communications or written
requests made to any other officer, agent or employee of the City shall not be deemed effective
until such communication or written request is actually delivered to such custodian.
1-14-9: MAILING OF RECORDS. In the event a request is made for copies of public
records to be delivered by mail or other carrier, the custodian may require advance payment of the
mailing or shipping costs for such public records.
1-14-10: ELECTRONIC DUPLICATION. No person shall, without the consent of the
custodian, use any electronic machine, computer, tape recorder, copier or device, other than
equipment provided by the City, for the purpose of copying any public record. The custodian may
consent to such copying only upon a determination that such copying presents no risk of having
such record altered, damaged or destroyed.
1-14-11: OBJECTION TO RECORDS PRODUCTION. In the event the custodian of
any public record of the City produces records upon the request of any person, such response shall
be deemed satisfactory, unless such person files a written objection with the producing custodian
within three (3) working days after such records are produced. Such objection shall state the
specific reason why the response is inadequate and shall be considered a new request for the
purposes of this chapter and Idaho Code Sections 9-337 through 9-347.
1-14-12: RETENTION OF TEMPORARY RECORDS. Temporary records which are
not routinely subject to audit, or duplicate copies of any public records, may be destroyed by the
custodian thereof, without further resolution of the City Council and without passage of a
resolution listing, in detail, the records to be destroyed. Any temporary record which is not subject
to routine audit and which in the discretion of the custodian thereof has no continuing legal or
TITLE 1 IONA CITY CODE
CHAPTER 14 (Revision: February 29, 2024) Page 39
historical significance and for which no significant public purpose would be served by retaining
the same may be destroyed in the ordinary course of business without resolution of the Council or
supervision of the City Clerk. All other permanent, semi-permanent and temporary records shall
be kept and retained for the periods required under Idaho Code Section 59-907.
1-14-13: DESTRUCTION OR ALTERATION OF RECORDS. Any person who alters,
destroys, falsifies or who without authority removes or attempts to remove any public records from
the office of the custodian or who deliberately disarranges or destroys the classification, retention
or retrieval system therefor, is guilty of a misdemeanor. Such person may also be denied any
further right of access to such records.
TITLE 1 IONA CITY CODE
CHAPTER 15 (Revision: February 29, 2024) Page 40
CHAPTER 15 Administrative Provisions
SECTION:
1-15-1: Corporate Seal Design
1-15-2: Adoption of Seal
1-15-3: Custodian of Corporate Seal
1-15-4: Official Newspaper
1-15-5: Official City Map
1-15-1: CORPORATE SEAL DESIGN. The corporate seal of the City shall be as
follows:
CITY O F IONA
1-15-2: ADOPTION OF SEAL. The seal described above is adopted as the corporate seal
of the City of Iona, Bonneville County, Idaho.
1-15-3: CUSTODIAN OF CORPORATE SEAL. The Clerk shall be the custodian of the
corporate seal of the City.
1-15-4: OFFICIAL NEWSPAPER. The Post Register is designated as the official
newspaper of the City. All writings required to be published by the City under any law of the
State, or any provision of this Code, shall be published in the official newspaper.
TITLE 1 IONA CITY CODE
CHAPTER 15 (Revision: February 29, 2024) Page 41
1-15-5: OFFICIAL CITY MAP. A current map of the City, and drawn to a scale of one
inch to three hundred feet (1” to 300’), shall, at all times, be kept on file in the office of the City
Clerk which map shall be known as the Official Map of the City. The boundaries of the City as
shown on said map shall constitute the official city limits of the City. Such map shall be deemed
to be a part of this Code as fully as if set forth herein.
TITLE 2 IONA CITY CODE
(Revision: February 29, 2024) Page 42
TITLE 2 Boards and Commissions
Chapter Subject
1 Board of Adjustment
2 Historic Preservation
TITLE 2 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 43
CHAPTER 1 Board of Adjustment
SECTION:
2-1-1: Appointment
2-1-2: Qualifications
2-1-3: Term
2-1-4: Vacancies
2-1-5: Organization
2-1-6: Rules and Regulations
2-1-7: Duties
2-1-1: APPOINTMENT. The Mayor, with the consent of the City Council, shall appoint
a Board of Adjustment of three (3) members.
2-1-2: QUALIFICATIONS. Members of the Board of Adjustment shall be residents and
electors of the City. The Mayor, members of the City Council and any appointed officer of the
City shall not serve as a member of the Board. One member of the Board shall be a member of
the Planning and Zoning Commission.
2-1-3: TERM. Members of the Board of Adjustment shall be appointed for a term of
three (3) years. Terms shall expire on December 31 of the third year following their appointment.
The terms of the members of the Board shall be staggered so that a term of a member shall expire
each year.
2-1-4: VACANCIES. The Mayor, with consent of the City Council, shall appoint a
qualified person to fill the unexpired term of any member of the Board in the event of a vacancy.
2-1-5: ORGANIZATION. The Board shall elect its own chairperson and may appoint
other officers from among its members. The Zoning Official shall serve as a non-voting ex officio
member of the Board.
TITLE 2 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 44
2-1-6: RULES AND REGULATIONS. The Board shall adopt rules and regulations
necessary to carry into effect the provisions of this Chapter. Meetings shall be held when
necessary. The Board shall keep minutes of its proceedings, showing the vote of each member on
every question. The meetings, minutes and records of the Board shall be open to the public.
2-1-7: DUTIES. The Board of Adjustment shall have such duties and authority as set
forth in the Zoning Ordinance. It shall perform other duties as required by state law or as directed
by the City Council.
TITLE 2 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 45
CHAPTER 2 Historic Preservation
SECTION:
2-2-1: Purpose
2-2-2: Definitions
2-2-3: Creation of Historic Preservation Commission
2-2-4: Organization, Officers, Rules and Meetings
2-2-5: Powers, Duties and Responsibilities
2-2-6: Designation of Historic Property
2-2-7: Designation of State-Owned Property Prohibited
2-2-8: Procedure for Designation
2-2-9: Change in Use of Historic Property
2-2-10: Exemption from Health or Building Codes
2-2-11: Penalty
2-2-1: PURPOSE. The purpose of this Ordinance is to promote the educational, cultural,
economic and general welfare of the public of the City of Iona through identification, evaluation,
designation, and protection of buildings, sites, districts, areas, structures and objects that reflect
significant elements of the City’s, the State’s, and the Nation’s historic, architectural,
archaeological, and cultural heritage.
(Ord. 65A, 4/20/2004).
2-2-2: DEFINITIONS. The following words and phrases when used in this Chapter shall
have, unless the context clearly indicates otherwise, the following meanings:
CITY: The City of Iona.
COMMISSION: The Historic Preservation Commission of
the City of Iona.
HISTORIC PROPERTY: Any building, structure, district, area or
site that is significant in the history,
TITLE 2 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 46
architecture, archaeology or culture of this
community, the state or the nation.
DESIGNATED HISTORIC
PROPERTY:
Historic Property which meets the criteria
established for inclusion of the property in
the National Register of Historic Places,
and which has been so designated by the
City Council in accordance with the
provisions of this Chapter.
HISTORIC
PRESERVATION:
The identification, evaluation, recordation,
documentation, curation, acquisition,
management, protection, restoration,
rehabilitation, stabilization, maintenance,
interpretation, conservation, and education
of buildings, structures, objects, districts,
areas, and sites significant in the history,
architecture, archaeology or culture of this
state, its communities or the nation.
(Ord. 65A, 4/20/2004).
2-2-3: CREATION OF HISTORIC PRESERVATION COMMISSION.
(A) There is hereby created a Historic Preservation Commission which shall consist of three
(3) members who shall be appointed by the Mayor with the advice and consent of the
Council.
(B) All members of the Commission shall have a demonstrated interest, competence, or
knowledge in history or historic preservation. The Council shall endeavor to appoint at
least one (1) member with professional training or experience in the disciplines of
architecture, history, architectural history, urban planning, archaeology, engineering,
conservation, landscape architecture, law, or other historic preservation related disciplines.
(C) Initial appointments to the commission shall be made as follows: One (1) one-year term;
one (1) two-year term; one (1) three-year term. All subsequent appointments shall be made
for three-year terms. Commission members may be reappointed to serve additional terms.
Vacancies shall be filled in the same manner as original appointments and the appointee
shall serve for the remainder of the unexpired term of his or her predecessor.
(D) The members of the Commission may be reimbursed by the City for expenses incurred in
connection with their duties.
(Ord. 65A, 4/20/2004).
TITLE 2 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 47
2-2-4: ORGANIZATION, OFFICERS, RULES AND MEETINGS.
(A) The Commission shall have the power to make reasonable rules as necessary for the
execution of its duties as set forth in this Chapter. At least one (1) copy of the rules of
procedure and bylaws adopted by the Commission shall be kept at the office of the City
Clerk and shall be available for public inspection during regular business hours.
(B) The Commission shall elect officers from among the Commission members. The
chairperson shall preside at all meetings of the Commission. The vice-chairperson shall,
in the absence of the chairperson, upon his or her resignation or inability to act for any
reason, perform the duties of the chairperson.
(C) All meetings of the Commission shall be open to the public and follow the requirements of
Idaho’s open meeting laws. The Commission shall keep minutes and other appropriate
written records of its resolutions, proceedings, and actions.
(D) The Commission may recommend to the City Council, the employment of or the
contracting with other parties for the services of technical experts or other persons as it
deems necessary to carry on the functions of the Commission.
(Ord. 65A, 4/20/2004).
2-2-5: POWERS, DUTIES AND RESPONSIBILITIES. The Commission shall be
advisory to the City Council and shall be authorized to:
(A) Conduct a survey of local Historic Properties.
(B) Recommend the acquisition of fee and lesser interests in Historic Properties, including
adjacent or associated lands, by purchase, bequest, or donation.
(C) Recommend methods and procedure necessary to preserve, restore, maintain and operate
Historic Properties under the ownership or control of the City.
(D) Recommend the lease, sale, or other transfer or disposition of historic properties subject to
rights of public access and other covenants and in a manner that will preserve the property.
(E) Review and recommend grants or contracts with any state or federal government, or any
agency of either, or any other organization created for the purpose of the furthering
objectives of Historical Preservation.
(F) Cooperate with the federal, state, and local governments in the pursuance of the objectives
of Historic Preservation.
(G) Make recommendations to the City, Bonneville County, the State, or the United States
government, and the agencies of these entities, with respect to any planning or zoning
matter undertaken or proposed to be undertaken and which affects any Historical Property.
TITLE 2 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 48
(H) Recommend ordinances and otherwise provide information for the purposes of
encouraging Historic Preservation in the City.
(I) Promote and conduct an educational and interpretive program on Historic Preservation and
Historic Properties in the City.
(J) Commission members, employees or agents of the Commission may enter private property,
buildings, or structures in the performance of its official cities only with the express consent
of the owner or occupant thereof.
(K) Review nominations of Historic Property within the City for designation within the
National Register of Historic Places.
(Ord. 65A, 4/20/2004).
2-2-6: DESIGNATION OF HISTORIC PROPERTY. The City Council may adopt an
ordinance designating one (1) or more Historic Properties, based upon the consideration of the
following criteria: The historical, architectural, archeological and cultural significance of the
property; its suitability for preservation or restoration; its educational value; the cost of
acquisition, restoration, maintenance, operation or repair of such property; the possibilities for
adaptive or alternative use of the property; its appraised value; and the administrative and financial
responsibility of any person or organization willing to underwrite all or a portion of such costs. In
order to make such designation, the City Council shall ensure that it meets the criteria established
for inclusion of the property in the National Register of Historic Places, as required under Title 67,
Chapter 46, Idaho Code and further the Council shall require the observance of the waiting period
set forth in § 67-4615, Idaho Code, prior to its demolition, material alteration, remodeling or
removal. The Ordinance shall also provide for a suitable sign or marker on or near the property
indicating that the property has been so designated.
(Ord. 65A, 4/20/2004).
2-2-7: DESIGNATION OF STATE-OWNED PROPERTY PROHIBITED. Nothing
in this Chapter shall authorize or be construed to allow the designation, regulation, conditioning
or restriction upon the use of any Historic Property or facility owned by the State of Idaho.
(Ord. 65A, 4/20/2004).
2-2-8: PROCEDURE FOR DESIGNATION. No property may be designated as
historic property until the following procedural steps have been taken:
(A) The Commission shall make an investigation and report to the City Council on the
historical, architectural, archeological or cultural significance of the property in question.
TITLE 2 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 49
(B) A public hearing has been conducted before the City Council on the proposed designation,
after giving sufficient written notice to the owners and occupants of the property and
posting public notice in a prominent location on or immediately adjacent to the property
proposed for designation.
(C) The City Council has adopted an ordinance making such designation, and specifically
describing the property encompassed within such designation.
(D) Upon adoption of the ordinance, the owners and occupants of each designated historic
property shall be given written notification of such designation by the local governing
body. One (1) copy of the ordinance shall be filed by the Commission in the office of the
Bonneville County Recorder.
(E) The Commission shall give written notice of such designation to the Bonneville County
tax assessor. The designation and any recorded restrictions upon the property limiting its
use for preservation purposes shall be considered by the tax assessor in appraising it for
tax purposes.
(Ord. 65A, 4/20/2004).
2-2-9: CHANGE IN USE OF HISTORIC PROPERTY.
(A) A historic property designated by ordinance as herein provided may be demolished,
materially altered, remodeled, relocated or put to a different use only after one hundred
eighty (180) days' written notice of the owner's proposed action has been given to the
Commission. During this period, the commission may negotiate with the owner and with
any other parties in an effort to find a means of preserving the property. During this period,
or at any time prior thereto following notice of designation to the owner as provided in
section 67-4615 d, Idaho Code, and where such action is reasonably necessary or
appropriate for the continued preservation of the property, the Commission may enter into
negotiations with the owner for the acquisition by gift, purchase, or exchange of the
property or any interest therein. The Commission may reduce the waiting period required
by this section in any case where the owner would suffer extreme hardship, unless a
reduction in the required period were allowed. The Commission shall have the
discretionary authority to waive all or any portion of the required waiting period, provided
that the alteration, remodeling, relocation or change of use is undertaken subject to
conditions agreed to by the Commission insuring the continued maintenance of the
historical, architectural, archeological or cultural integrity and character of the property.
(B) Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of
any exterior feature in or on a historic property that does not involve a change in design,
material, or outer appearance thereof, nor to prevent the construction, reconstruction,
alteration, restoration, demolition or removal of any such feature when a building inspector
or similar official certifies to the commission that such action is required for the public
safety because of an unsafe or dangerous condition.
TITLE 2 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 50
(C) Nothing in this act shall authorize or be construed to allow the designation, regulation,
conditioning or restriction by ordinance or other means of any property or facility owned
by the state of Idaho.
(Ord. 65A, 4/20/2004)
2-2-10: EXEMPTION FROM HEALTH OR BUILDING CODES. The City Council,
in order to promote the preservation and restoration of any historic property may, by resolution,
exempt a historic property from the application of any city, health or building code, following a
recommendation of such exemption by the Commission, provided however before adopting such
resolution the City Council shall make a finding that the application of such health or building
codes would prevent or seriously hinder the preservation or restoration of said historic property
and is necessary to accomplish the objectives of this chapter.
(Ord. 65A, 4/20/2004).
2-2-11: PENALTY. Any owner or lessee of property designated as a historic property
under the terms of this chapter, who by willful neglect allows such property to deteriorate in any
manner which materially detracts or diminishes the historic nature of such property shall be guilty
of a misdemeanor.
(Ord. 65A, 4/20/2004).
TITLE 3 IONA CITY CODE
(Revision: February 29, 2024) Page 51
TITLE 3 Operational Divisions
Chapter Subject
1 Police Division
2 Public Works Division
3 Planning and Building Division
TITLE 3 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 52
CHAPTER 1 Police Division
SECTION:
3-1-1: Creation of Division
3-1-2: Contracting Police Services
3-1-3: City’s Operation of Police Division
3-1-4: Arrests
3-1-5: Appointment of Special Police Officers
3-1-6: Unclaimed Personal Property
3-1-7: Record of Unclaimed Property
3-1-8: Advertisement and Sale of Unclaimed Property
3-1-9: Reimbursement to Owner
3-1-10: Extraterritorial Powers
3-1-1: CREATION OF DIVISION. The Police Division is hereby established as an
administrative division of the City.
(Ord. 241-07-20, 7/21/2020).
3-1-2: CONTRACTING POLICE SERVICES. The City may, in lieu of operating a
police department, contract with another competent law enforcement agency within the state of
Idaho to furnish police services to the City, provided that such contract shall be subject to the
approval of a majority of the Council. Should the City determine to contract for police services,
it shall be subject to the following:
(A) Duties. The contracted law enforcement agency that constitutes the Police Division shall
ensure the laws of the State of Idaho and the ordinances of the City are obeyed and
executed, and he shall have such other powers and duties prescribed herein, agreed in the
City’s contract, or granted or imposed by law.
(B) Chief of Police. The Chief of Police (as that term is used in this Code) shall be the chief
administrative officer of the City’s contract.
(Ord. 241-07-20, 7/21/2020).
TITLE 3 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 53
3-1-3: CITY’S OPERATION OF POLICE DIVISION. Should the City determine to
operate the Police Division of the City, it shall be subject to the following:
(A) Offices. The Police Division shall be composed of the Chief of Police (as that term is used
in this Code) and other such offices as the Mayor and Council deem necessary to preserve
the peace, enforce the laws and safeguard the property and inhabitants of the City.
(B) Appointment of Officers and Members. The Mayor, subject to confirmation by the
Council, shall appoint the Chief of Police and all other officers and members of the Police
Division.
(C) Chief of Police. The Chief of Police shall be the chief administrative officer of the
Division and all officers of the Division shall be under his immediate supervision, direction
and control. The Chief of Police shall ensure the laws of the State of Idaho and the
ordinances of the City are obeyed and executed, and he shall have such other powers and
duties prescribed herein or granted or imposed by law.
(D) Removal of Chief of Police. The Chief of Police may be removed, with or without cause,
by the Mayor, subject to confirmation by a vote of at least three members of the Council,
provided the Council may, on its own initiative, remove the Chief upon a unanimous vote
of the full Council.
(E) Police Officers. All police officers shall be subject to the direction of the Mayor, Council
and Chief of Police. All police officers shall perform all duties of policemen, preserve
order and peace, ensure all laws are enforced, and carry out the lawful instructions of the
Chief in all matters pertaining to the enforcement of laws and the protection of persons and
property within the City.
(F) Reports. All police officers shall report to his or her immediate supervisor every violation
of law observed while on duty. If any police officer uses force by gun, club, fist, weapon
of any kind or uses physical force in any manner upon any person, the officer shall
immediately report the same in writing to the Chief of Police or the commanding officer
on duty. Such report shall detail the time, place and circumstances, and the necessity for
the use of such violence, and the identities of any persons present at the time.
(G) Conduct of Police Officers. All police officers on duty shall refrain from drinking any
spirited liquor, wine, beer or any intoxicating beverage, nor shall any officer perform any
duty of their office while in an intoxicated condition; nor shall they, whether on or off duty,
violate any laws or ordinances of the City, the State of Idaho or the United Sates, or conduct
themselves in any manner which brings disrespect to the City or the Police Division.
(H) Compensation. The compensation of the Chief of Police and all officers of the Police
Division shall be determined by the Council.
(I) Removal of Police Officers. Any officer who neglects or refuses to report any violation
of law by any other officer of the police force, or who fails to observe the rules or
TITLE 3 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 54
regulations of the Police Division or the Civil Service Commission, may be removed from
office. Such removal shall be in accordance with the Civil Service laws, ordinances, and
rules and regulations.
(J) Duties of Chief Regarding Unlicensed Businesses. The Chief of Police shall enforce all
laws and ordinances pertaining to the licensing of any business, occupation or enterprise
in the City.
(K) Oath of Officers. The Chief of Police and every police office before entering upon his or
her duties shall subscribe to the official oath set forth in Chapter 9, Title 1 of this Code.
(L) Outside Employment. No member of the Police Division shall engage in any other
employment or undertaking which will interfere with the performance of his or her duties
or which will bring disrespect upon the City or the Division. Before engaging in any
outside employment or undertaking, all members of the Division shall obtain the written
approval of the Mayor.
(Ord. 241-07-20, 7/21/2020).
3-1-4: ARRESTS. A police officer may make an arrest in obedience to a warrant of arrest
delivered to him, or may, without a warrant, arrest a person as permitted by Idaho Code section
19-603 or in any other manner allowed by the laws and Constitution of the State of Idaho.
(Ord. 241-07-20, 7/21/2020).
3-1-5: APPOINTMENT OF SPECIAL POLICE OFFICERS. The Mayor may appoint
special police officers to serve during a limited period and they shall conform to all of the rules
and regulations as regular police officers, except that they need not be in uniform. Upon such
appointment and their subscription to the official oath, such special officers shall have all authority
to act as peace officers, under the provisions of this Chapter, provided, however, in no event shall
such appointment be for a period greater than one (1) year.
(Ord. 241-07-20, 7/21/2020).
3-1-6: UNCLAIMED PERSONAL PROPERTY. The Chief of Police and officers of
the Police Division may take possession of any automobile, bicycle, wagon or other conveyance,
machine, implement or other item of personal property found deserted and unclaimed for a period
of twenty-four (24) hours upon the streets or public property of the City. The Chief of Police and
any officer of the Police Division may take possession of any real personal property left or found
upon private property when the ownership is unknown, when requested to do so by the owner of
such real property.
(Ord. 241-07-20, 7/21/2020).
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CHAPTER 1 (Revision: February 29, 2024) Page 55
3-1-7: RECORD OF UNCLAIMED PROPERTY. All unclaimed property taken into
possession shall be listed in a book with the following information:
(A) Place where found or taken possession of;
(B) Description of the article;
(C) Name of officer taking possession of the article;
(D) Date of taking possession;
(E) The identity, address and telephone number of the person reporting the property as
abandoned.
(Ord. 241-07-20, 7/21/2020).
3-1-8: ADVERTISEMENT AND SALE OF UNCLAIMED PROPERTY.
(A) Duty to Advertise and Sell. The Chief of Police may advertise and sell at public auction
any unclaimed article of personal property but only if any unclaimed bicycle has been held
for a period of at least ninety (90) days, any unclaimed personal property with a fair market
value of less than twenty five dollars ($25.00) has been held for a period of at least thirty
(30) days, and any other unclaimed personal property has been held for a period of at least
six (6) months. Such sales shall be in accordance with the provisions of this Chapter.
(B) Notice of Sale. A Notice of Sale shall be published at least once a week for not less than
two (2) consecutive weeks in the official newspaper, with the second publication being not
less than five (5) nor more than ten (10) days before the date of the sale. Whenever the
Police Division knows the name and address of the owner or other person entitled to
possession of any article to be sold at such sale, a copy of the notice of sale shall also be
mailed to such owner or other person entitled to possession at his or her last known address,
postage prepaid, at least five (5) days prior to such sale.
(C) Conduct of Sale. The sale shall be by public auction for cash, lawful money of the United
States of America. The Chief of Police may determine the number of items to be sold at
the sale and may determine whether these items are sold singly or in lots. The Chief of
Police, upon request, shall give or cause to be given a bill of sale to the highest bidder upon
payment of the amount bid. All goods shall be sold as is and without warranty of title,
merchantability, fitness, or other express or implied warranty of any kind or nature.
(D) Proceeds. The proceeds of sale shall be applied first to all costs assessed or incurred
against the personal property so sold including any storage charges and expenses of sale
incurred by the City Clerk and the Police Division, and the balance of such proceeds, if
any, shall be deposited in a separate fund with the City Treasurer for a period of one (1)
year from the date of sale. Any person claiming title to, or ownership of, such proceeds by
TITLE 3 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 56
reason of ownership of such personal property at the time of sale shall make written
application therefor to the Police Division. If satisfactory proof of such title or ownership
is furnished within one (1) year of the receipt of such proceeds, then the proceeds shall be
delivered to the claimant. If no claim and proof is made before the expiration of one (1)
year from the date of the receipt of the proceeds, the same shall be credited to the general
fund of the City, and no claim therefor shall be thereafter considered.
(Ord. 241-07-20, 7/21/2020).
3-1-9: REIMBURSEMENT TO OWNER. If the owner of any article held under the
provisions of this Chapter, appears prior to the time of such sale and makes proper proof of
ownership, the Chief of Police shall deliver possession thereof to the owner upon payment of any
storage costs therefor. The Chief of Police shall from time to time prepare a uniform schedule of
reasonable storage charges for such articles, which schedule shall be filed with the City Clerk and
at the office of the Police Division.
(Ord. 241-07-20, 7/21/2020).
3-1-10: EXTRATERRITORIAL POWERS. All police officers may exercise, to the
fullest extent permitted by law, all extraterritorial authority conferred upon them pursuant to Idaho
Code Section 67-2337, may make arrests and issue citations while in fresh pursuit of any person
who has violated any state law or City ordinance, and shall aid and assist the Mayor in enforcing
any extraterritorial powers or authority as set forth in this Code.
(Ord. 241-07-20, 7/21/2020).
TITLE 3 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 57
CHAPTER 2 Public Works Division
SECTION:
3-2-1: Establishment of Public Works Division
3-2-2: Duties of the Division
3-2-3: Management of Division
3-2-4: No Private Duty
3-2-1: ESTABLISHMENT OF PUBLIC WORKS DIVISION. The Division of Public
Works is hereby established as an administrative division of the City.
3-2-2: DUTIES OF THE DIVISION. The Division of Public Works shall supervise and
control:
(A) The construction, operation and maintenance of all public streets, sidewalks, alleys,
bridges, highways and rights of way, including the placement and operation of street
regulatory and informational signs.
(B) The construction, operation and maintenance of all sewer facilities and appurtenances,
including sanitary sewers, pumping stations, storm sewers, drains, ditches, culverts and
streams and water courses under the jurisdiction of the City.
(C) The administration of all rules, regulations and ordinances pertaining to the construction,
maintenance and operation of all streets, sidewalks, rights of way, easements, sewers,
sanitation facilities, waterlines and pumps, gas lines, telephone and communication lines
and subdivision improvements.
(D) The making of all surveys, maps, public works plans, drawings and other documents
required for the construction, maintenance and operation of all public works owned or
operated by the City.
(E) The preparation of contract drawings, specifications and cost estimates for all public works
construction and maintenance and the supervision of such construction, including field
inspections.
(F) The construction, operation and maintenance of all public water supply and distribution
facilities.
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CHAPTER 2 (Revision: February 29, 2024) Page 58
(G) The collection and disposal of all refuse and the cleaning of all streets and alleys, including
the removal of snow therefrom.
3-2-3: MANAGEMENT OF DIVISION. The Division of Public works shall be
managed by a committee appointed by the Mayor and confirmed by a majority of the members of
the Council.
3-2-4: NO PRIVATE DUTY. Nothing in this chapter shall create a private right, duty or
obligation of the City in favor of any person, or give rise to any private right of action, on account
of any failure by the City or any employee of the Public Works Division to perform the duties
prescribed herein.
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CHAPTER 3 (Revision: February 29, 2024) Page 59
CHAPTER 3 Planning and Building Division
SECTION:
3-3-1: Planning and Building Division Established
3-3-2: Duties
3-3-3: Appointment of Director of Planning and Building Division
3-3-1: PLANNING AND BUILDING DIVISION ESTABLISHED. The Division of
Planning and Building is hereby established as an administrative division of the City.
3-3-2: DUTIES. The Division of Planning and Building shall have the following duties:
(A) The enforcement of the Zoning Ordinance, the Sign Ordinance, the Subdivision Ordinance,
and all uniform codes or ordinances relating to the construction of any building or structure
within the City and any health or safety regulations applicable thereto, except for the
Uniform Fire Code.
(B) Preparation and administration of the Comprehensive Plan and any ordinances or
regulations necessary to implement the same.
(C) The issuance and enforcement of permits issued pursuant to such Codes and the
performance of inspections required thereby.
(D) The establishment and planning of all public streets, alleys and thoroughfares within the
City, the naming of such streets and thoroughfares and the issuance of building numbers
for structures located thereupon.
(E) The coordination and planning of public and private urban mass transit systems within the
City.
(F) The coordination and administration of all laws, statutes and regulations pertaining to any
census of the City or other procedure or analysis conducted for the purpose of determining
the population of the City.
(G) Coordination and operation of all federal and state administrative programs providing for
enhancement of the economic base of the City or otherwise promoting the growth and
development of the labor force within the City.
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CHAPTER 3 (Revision: February 29, 2024) Page 60
(H) Coordination and administration of any matter involving the Iona Redevelopment Agency
or other similar board or commission whose responsibilities encompass the urban
revitalization or growth of the City.
(I) Such other duties as may be required by the Mayor or City Council.
(Ord. 274-01-22, 1/18/2022).
3-3-3: APPOINTMENT OF DIRECTOR OF PLANNING AND BUILDING
DIVISION. The Division of Planning and Building shall be managed a committee appointed by
the Mayor and confirmed by a majority of the members of the full Council. The Mayor may,
subject to confirmation by the Council, appoint another person to manage the Planning and
Building Division. All references in this Code to the “Director of Planning and Building” or
“Building Official” shall be deemed to refer to such committee or other person appointed by the
Mayor to manage the Division.
TITLE 4 IONA CITY CODE
(Revision: February 29, 2024) Page 61
TITLE 4 Business Regulations
Chapter Subject
1 Business Licenses
2 Liquor by the Drink
3 Beer
4 Wine
5 Amusements
6 Itinerant Merchants, Mobile Food Vendors
and Door-to-Door Salesman
7 Pawnbrokers, Secondhand Precious Metal
Dealers and Secondhand Stores
8 Scrap Dealers
TITLE 4 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 62
CHAPTER 1 Business Licenses
SECTION:
4-1-1: License Required
4-1-2: Form of License
4-1-3: License Fees Payable in Advance
4-1-4: Application for License
4-1-5: Temporary License
4-1-6: Approval of License
4-1-7: License Nontransferable
4-1-8: Separate Licenses Required
4-1-9: Revocation of Licenses
4-1-10: Display of License
4-1-11: Expiration Date
4-1-1: LICENSE REQUIRED.
(A) Definitions. The following words and phrases when used in this Section shall have, unless
the context clearly indicates otherwise, the following meanings:
(1) BUSINESS: Any industry, vocation, occupation, trade,
profession, or craft.
(2) CLERICAL BUSINESS: A Business that is (a) a Home Occupation,
as defined in Section 11-1-5 of this Code,
and (b) regardless of the nature of the
underlying Business conducted, only uses
one building for office, clerical, planning,
file storage, or similar uses
(3) REGULAR SERVICE BUSINESS: A Business that provides services,
documents, or intangible products.
(4) SMALL SERVICE BUSINESS: A Regular Service Business that is (a) a
Home Occupation, as defined in Section
11-1-5 of this Code, and (b) is physically
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CHAPTER 1 (Revision: February 29, 2024) Page 63
visited at its location by fewer than ten
individuals (regardless of whether such
individuals are employees, vendors,
customers, clients, or otherwise) per
calendar month.
(5) REGULAR MERCHANDISING
BUSINESS:
A Business that buys and sells products
without changing the form of the products.
(6) SMALL MERCHANDISING
BUSINESS:
A Regular Merchandising Business that is
(a) a Home Occupation, as defined in
Section 11-1-5 of this Code, and (b) is
physically visited at its location by fewer
than ten individuals (regardless of whether
such individuals are employees, vendors,
customers, clients, or otherwise) per
calendar month.
(7) MANUFACTURING BUSINESS: A Business that consists only of one or
more uses that are light industrial (as
defined in Title 11 of this Code).
(8) INDUSTRIAL BUSINESS: A Business that consists only of one or
more uses that are heavy industrial (as
defined in Title 11 of this Code).
(B) General Requirement. No person shall operate, conduct, or engage in any Business
within the City without first obtaining a license from the City. Licenses shall be issued
upon payment of the fees specified in this Title, upon the applicant’s compliance with the
applicable provisions of this Title, and upon approval of the Council.
(C) Exceptions. Notwithstanding Subsection (B), above, no Business shall be required to
obtain a business license if it:
(1) is a sole proprietorship;
(2) is not subject to any of the other Chapters of this Title; and
(3) is either: (a) a Clerical Business, (b) a Small Service Business, or (c) a Small
Merchandising Business.
(D) Nature of Business License. All licenses shall be a personal privilege of the holder.
Except as expressly provided in this Title, a license shall become null and void if the holder
ceases to personally supervise, conduct, and operate the Business for which the license has
been issued. Unless otherwise provided in this Title, no license fee or any part thereof may
TITLE 4 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 64
be refunded even though the licensee does not operate for the period or any portion of the
period for which the license was issued
(E) Enforcement. The failure to obtain a business license when one is required is an
infraction.
(Ord. 233-08-19, 8/20/2019).
4-1-2: FORM OF LICENSE. The City Clerk shall prepare license forms for licenses
issued under this Title. The license shall specify the holder's name, the type of business licensed,
the principal place of business of the licensee and the expiration date of the license. The Clerk
shall account for all licenses signed by the Mayor, shall countersign the licenses and deliver the
licenses to licensees. The City Clerk shall collect all license fees and promptly deliver them to the
City Treasurer. The City Treasurer shall issue a receipt for any license fees received from the
Clerk.
4-1-3: LICENSE FEES PAYABLE IN ADVANCE. All fees required by this Title shall
be paid in advance at the office of the City Clerk. The initial license application fee submitted
with the application for a business license (including any re-application after a license is revoked
or terminated for any reason) shall be $100; thereafter, the annual renewal fee for a business license
shall be $50 per year.
(Ord. 236-12-19, 12/17/2019).
4-1-4: APPLICATION FOR LICENSE. Any person desiring to obtain any license
provided for in this Title shall first apply in writing under oath to the City Council. The application
together with the license fee shall be delivered to the City Clerk. The City Clerk shall prescribe
the form of the application. The application shall contain the following information:
(A) Applicant's full name and date of birth, form of doing business, (i.e., sole proprietorship,
partnership, corporation, etc.) and the name under which the business is to be conducted;
(B) Applicant's state of residence and principal place of business;
(C) Applicant's business and residential mailing addresses and telephone numbers;
(D) The street address within the City where each place of business is to be conducted;
(E) The nature of the business to be licensed;
(F) The number of years the applicant has engaged in such business;
(G) The zoning of the property on which the business will be conducted;
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CHAPTER 1 (Revision: February 29, 2024) Page 65
(H) Whether the business is a Home Occupation and, if so, what category (as described in
Section 11-11-12) of Home Occupation the business is, along with the reasons for
Applicant’s asserted categorization; and
(I) Any other information required by this Title or by the Clerk in order to determine the
applicant's fitness or qualifications for the license.
The City Clerk shall forward a copy of each business license application to the Chief of Police, the
Fire Chief, the Director of Planning and Building and the State of Idaho Department of Health, as
applicable, and other appropriate City Division Directors for their review and recommendation.
(Ord. 233-08-19, 8/20/2019); (Ord. 242-07-20, 7/21/2020).
4-1-5: TEMPORARY LICENSE. Upon receipt of the affirmative recommendation of
the Chief of Police, Director of Planning and Building, and other City Division Directors, as
appropriate, the Clerk may issue a temporary license to any applicant, except applicants for liquor-
by-the-drink, massage therapists or itinerant merchants licenses. Such temporary license shall
expire upon the issuance or denial of a license by the Council or at the expiration of thirty (30)
days after the date such temporary license was issued, whichever is sooner. Such temporary
license shall state its expiration date on the face thereof.
4-1-6: APPROVAL OF LICENSE. Except as otherwise provided in this Title, the City
Clerk shall present all license applications to the City Council not later than the second regular
Council meeting after the application was delivered to the Clerk. At that meeting, the City Council
may grant or deny the application or refer it to the appropriate City division for further
investigation and review. In any event, the Council shall grant or deny the application on or before
the second regular Council meeting following its initial presentation to the Council. After due
consideration of the application, the Council shall either grant the application and order the Clerk
to issue the license or deny the application and return the license fee with a notice of rejection to
the applicant. The Council may deny the application upon finding that the applicant does not meet
any of the qualifications of this Title, that applicant's conduct of business will contravene any
provision of the City's Building Code, Fire Code, Zoning Ordnance, or any other applicable
regulation, ordinance or statute of the City, Bonneville County, State of Idaho or the United States,
that the applicant has been convicted of a felony, or that the applicant has engaged in any
fraudulent, deceptive or unlawful business practices within ten (10) years prior to the date of his
or her application for a business license.
4-1-7: LICENSE NONTRANSFERABLE. Except as specifically provided by this Code
or State law, licenses issued by the City shall not assigned or transferred to any person other than
the named holder. Issuance of a license by the City shall not authorize any person other than the
person or entity named thereon to conduct such business; nor shall it authorize any business other
TITLE 4 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 66
than that named to be done or transacted. Issuance of a license shall not permit the named business
to be conducted in any place other than the location or locations described in the application
without prior approval of the Council. All licenses shall state the location of the business upon the
face thereof.
4-1-8: SEPARATE LICENSES REQUIRED. A separate license and license fee shall
be required for each business subject to the provisions of this Title, regardless of whether two (2)
or more businesses are conducted or operated by the same person or entity or whether two (2) or
more businesses are conducted within the same building or at the same location.
4-1-9: REVOCATION OF LICENSES. The Council may revoke any license issued
under this Title at any time if the licensee does not comply with the applicable provisions of this
Title or for other just cause. Before revoking any license, the City Clerk shall give written notice
to the license holder of such proposed action at least ten (10) days prior to the date such proposed
action is submitted to the Council. The license holder shall be given an opportunity to appear
before the Council and show cause why his or her license should not be revoked.
4-1-10: DISPLAY OF LICENSE. All licensees shall post their licenses in a place
conspicuous to the public in each business location and shall produce the license whenever
required by any officer or other person having the authority to examine it. If an applicant desires
to conduct business in more than one location, the Clerk may issue duplicate originals of the license
for display in each place of business.
4-1-11: EXPIRATION DATE. No license shall be granted for a period greater than one
year, and all licenses shall expire on December 31 of the calendar year for which they are issued,
unless another expiration date is endorsed on the license by the Clerk.
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CHAPTER 2 (Revision: February 29, 2024) Page 67
CHAPTER 2 Liquor by the Drink
SECTION:
4-2-1: Definitions
4-2-2: License Required
4-2-3: License Fee
4-2-4: Application for License
4-2-5: Investigation
4-2-6: Form of License; Display
4-2-7: Expiration of Licenses
4-2-8: Multiple Licenses Prohibited
4-2-9: Transfer of Licenses
4-2-10: Persons Not Qualified to be Licensed
4-2-11: Sanitary Requirements
4-2-12: Location Restrictions
4-2-13: Bartender’s Permit Required
4-2-14: Applications and Fees
4-2-15: Qualifications
4-2-16: Expiration; Renewal
4-2-17: Revocation by Clerk
4-2-18: Right of Entry
4-2-19: Hours of Sale
4-2-20: Restriction of Sales by Licensee
4-2-21: Sales to Disqualified Persons under Age 21
4-2-22: Liquor Catering Permit
4-2-23: Application for Liquor Catering Permit
4-2-24: Persons Under Specified Ages Prohibited to be at Licensed Places
4-2-25: Exceptions
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CHAPTER 2 (Revision: February 29, 2024) Page 68
4-2-1: DEFINITIONS. Certain words and phrases used in this Chapter are defined as
follows:
DIRECTOR: The Director of the Idaho Department of
Law Enforcement.
LICENSEE: The person to whom a license to sell and
dispense liquor by the drink is issued under
the provisions of this Chapter.
LICENSE: A license issued by the Council to a
qualified person, under which it shall be
lawful for the licensee to sell and dispense
liquor by the drink at retail.
LIQUOR: Any kind of liquor which may be sold by a
State liquor store.
INTERDICTED PERSON: A person to whom the sale of liquor is
prohibited under the laws of the State.
PREMISES: The building, room or place in which the
sale of liquor by the drink at retail by a
licensee is authorized under the provisions
of Title 23, Chapter 9, Idaho Code, as
amended, and under this Chapter.
BARTENDER: Any person, whether agent, servant,
employee, or person acting in any other
capacity, who pours, mixes, or prepares
any liquor by the drink upon any licensed
premises. This shall not apply to any
person who solely pours, mixes or prepares
wine by the drink at retail as defined by
Section 4-4-1 of this Code.
4-2-2: LICENSE REQUIRED. No person shall sell or dispense liquor by the drink at
retail on any premises in the City without first obtaining licenses as required by this Chapter and
Title 23, Chapter 9, Idaho Code, as amended.
4-2-3: LICENSE FEE. Each licensee shall pay in advance an annual license fee of five
hundred dollars ($500.00).
TITLE 4 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 69
4-2-4: APPLICATION FOR LICENSE. Each applicant for a license shall file with the
Clerk an application in writing, verified under oath, stating the following:
(A) That the applicant lawfully holds a license issued by the Director pursuant to the provisions
of Title 23, Chapter 9, Idaho Code, as amended.
(B) A description of the premises for which the license is sought, their location and the name
of the owner of the premises.
(C) The names and addresses of all persons who will have any ownership or equity interest in
any business to be carried on in the licensed premises, including without limitation interests
arising from conditional sales contracts, partnerships, trusts or shares of corporate stock
and the amount and nature of such interest.
(D) The names and addresses of the applicant and all members of a partnership or association
and all officers, members of the governing board and all stockholders of any corporation
or any entity identified pursuant to subsection (C) above.
(E) Any other information reasonably necessary for the City Clerk to determine the applicant's
qualifications or disqualifications for a license.
If during the term of any license issued under this Chapter any change shall take place in any of
the information stated in the application, the licensee shall deliver a verified report of the change
to the Clerk no later than seven (7) working days after the change occurs.
4-2-5: INVESTIGATION. Upon receipt of an application for a license or for a transfer
of a license under this Chapter, accompanied by the necessary license or transfer fee, the Clerk
and Chief of Police shall investigate all information stated in the application and report the results
of the investigation to the City Council. If the Council determines that the contents of the
application are true, that the applicant is qualified to receive a license, that the premises are suitable
for carrying on the intended business and that the requirements of this Chapter have been met, a
license shall be issued or transferred. Otherwise, the application shall be denied and the license or
transfer fee refunded.
4-2-6: FORM OF LICENSE; DISPLAY. Every license issued under this Chapter shall
state the name of the person or business entity to whom issued and the location by street and
number or other definite designation of the premises. If issued to a partnership, the names of the
persons constituting the partnership shall be stated. If issued to a corporation or association, the
names of the principal officers and the members of the governing board shall be stated. The license
shall be signed by the licensee and shall be posted on the licensed premises in a place conspicuous
to the public. No person except the named licensee shall exercise any of the privileges granted
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CHAPTER 2 (Revision: February 29, 2024) Page 70
under the license. Licenses issued under this Chapter apply only to premises for which they have
been issued.
4-2-7: EXPIRATION OF LICENSES. All licenses shall expire at midnight on
December 31 of the calendar year for which they are issued.
4-2-8: MULTIPLE LICENSES PROHIBITED. No person shall be granted more than
one license in any calendar year. No partnership, association or corporation holding a license
under this Chapter shall have as a member, officer or stockholder any person who has financial
interest of any kind in, or is a member of, another partnership or association or an officer or
shareholder of another corporation holding a license under this Chapter.
4-2-9: TRANSFER OF LICENSES. No license may be transferred to another person,
unless the transferee first obtains approval of the City Council upon application containing
substantially the same information required by Section 4-2-4 of this Chapter. If the proposed
transferee is qualified for the license, the Council shall approve the transfer and the City Clerk
shall reissue the license in the name of the transferee. The fee for each license transfer shall be
one hundred dollars ($100.00). The fee shall accompany the application for transfer.
4-2-10: PERSONS NOT QUALIFIED TO BE LICENSED. No license shall be issued
or transferred to:
(A) Any person, or any partnership, corporation, trust, association or other legal entity, at least
one of whose members, officers or governing board, within three years prior to the date of
making application, has been convicted of any violation of the laws of the United States,
the State of Idaho or any other state of the United States relating to the importation,
transportation, manufacture or sale of liquor; or who has been convicted of, paid any fine,
been placed on probation, received a deferred sentence, received a withheld judgment, or
completed any sentence of confinement for, any felony within five (5) years prior to the
date of making application for a license.
(B) A person who is engaged in the operation, or interested therein, of any house or place for
the purpose of prostitution or who has been convicted of any crime or misdemeanor
opposed to decency and morality.
(C) A person whose license issued under this Chapter has been revoked; an individual who was
a member of a partnership or association which was a licensee under this Chapter and
whose license has been revoked; an individual who was an officer, member of the
governing board or one (1) of the ten (10) principal stockholders of a corporation which
was a licensee under this Chapter and whose license has been revoked; a partnership or
TITLE 4 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 71
association one (1) of whose members was a licensee under this Chapter and whose license
was revoked; a corporation one (1) of whose principal stockholders was a licensee under
this Chapter and whose license has been revoked; an association or partnership, one (1) of
whose members was a member of a partnership or association licensed under the provisions
of this Chapter and whose license has been revoked; a partnership or association, one (1)of
whose members was an officer, a member of the governing board or one (1) of the ten (10)
principal stockholders of a corporation which was a licensee under this Chapter and whose
license has been revoked; a corporation, one (1) of whose officers, members of the
governing board, or ten (10) principal stockholders was a member of a partnership or
association licensed under this Chapter and whose license has been revoked; a corporation,
one (1) of whose officers, members of the governing board or ten (10) principal
stockholders was an officer, member of the governing board, or one (1) of the ten (10)
principal stockholders of a corporation which was a licensee under this Chapter and whose
license has been revoked.
(D) Any officer, agent or employee of any distillery, winery, brewery, or any wholesaler or
jobber of liquor or malt beverages, except as provided by section 23-912, Idaho Code.
(E) A person who does not hold a retail beer license issued by the State.
Any license, held by any person who later becomes disqualified under the provisions of this
Section, shall be promptly revoked by the Council.
(Ord. 127, 1/15/2008).
4-2-11: SANITARY REQUIREMENTS. All licensed premises shall be maintained in a
sanitary condition according to the applicable laws of the State and ordinances of the City.
4-2-12: LOCATION RESTRICTIONS. No license shall be issued for any premises in
any residential zone or within three hundred (300) feet of any public school, church or any other
place of worship, measured in a straight line between the nearest property line of such public
building or place of worship and the nearest entrance to the licensed premises. This limitation
shall not apply to any duly licensed premises that at the time of first licensing did not come within
the restricted area but subsequent to first licensing came therein. No licenses shall be issued to
any person for the operation of a licensed business upon any premises which were used by any
occupant whose license under this Chapter was revoked within one (1) year prior to the date of the
new application for issuance or transfer of a license.
4-2-13: BARTENDER’S PERMIT REQUIRED. No person shall act as a bartender in
any premises licensed within the City to sell liquor by the drink unless that person holds a
bartender's permit issued by the City.
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CHAPTER 2 (Revision: February 29, 2024) Page 72
4-2-14: APPLICATIONS AND FEES. Applications for bartender's permits shall be made
on forms furnished by the Clerk and shall be accompanied by a permit fee of twenty dollars
($20.00), or ten dollars ($10.00) for the renewal of any bartender's permit that has not been revoked
or terminated for cause. No licensee shall employ any person, allow the employment of any
person, or permit any person to perform the services of a bartender unless that person holds a valid
bartender's permit issued by the City.
4-2-15: QUALIFICATIONS. The City Council shall approve issuance of bartender's
permits only to persons who satisfy the following conditions:
(A) The person must be at least twenty-one (21) years of age and of good moral character.
(B) The person shall not have been convicted, paid any fine or received any withheld judgment
or deferred sentence for a violation of any law relating to the importation, transportation,
manufacture or sale of liquor.
(C) The person shall not have been convicted of, paid any fine, been placed on probation,
received a deferred sentence, received a withheld judgment or completed any sentence for
any felony within five (5) years prior to the date of applying for a permit.
(D) The person shall not have been a licensee under Title 23, Chapter 9, Idaho Code or under
this Chapter, who has had a license revoked within five (5) years prior to the date of
applying for a bartender's permit.
(E) The person shall not have been a member of a partnership or association or an officer,
member of the governing board or one (1) of the ten (10) principal stockholders of a
corporation which was licensed under Title 23, Chapter 9, Idaho Code, or under this
Chapter and whose license was revoked within five (5) years prior to the date of applying
for a bartender's permit.
(F) The person shall not have had a bartender's permit issued by the City revoked within five
(5) years prior to the date of applying for a subsequent bartender's permit.
4-2-16: EXPIRATION; RENEWAL. Bartender’s permits shall expire one (1) year from
the date issued.
4-2-17: REVOCATION BY CLERK. Upon receipt of a certified copy of a judgment of
conviction by any court of competent jurisdiction, the City Clerk immediately shall revoke a
bartender's permit issued to any person convicted of any violation of this Chapter which would
disqualify the person from holding the permit. Nothing herein shall prevent the Council from
revoking a bartender’s permit prior to the entry of such judgment.
TITLE 4 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 73
4-2-18: RIGHT OF ENTRY. Any duly authorized police officer shall have the right at
any time to enter and examine the premises of any licensee to ascertain compliance with the laws
of the State and the City. It shall be unlawful to refuse any police officer admittance to the premises
for such purpose.
4-2-19: HOURS OF SALE. No liquor shall be sold, offered for sale or given away upon
any licensed premises during the following hours:
(A) Sunday, Memorial Day, Thanksgiving Day, and Christmas from one o'clock (1:00) a.m. to
ten o'clock (10:00) a.m., the following day; provided, however, that on any Sunday not
otherwise being a designated holiday, it shall be lawful for a licensee having a banquet area
or meeting room facility, separate and apart from the usual dispensing area (bar room) and
separate and apart from a normal public dining room unless the dining room is closed to
the public, to dispense liquor between the hours of two o'clock (2:00) p.m. and ten o'clock
(10:00) p.m. to bona fide participants of banquets, reception or conventions for
consumption only within the banquet area or meeting room facility.
(B) On any day of a state general or primary election or City general or special election until
after the time when the polls are closed.
(C) On any day between one o'clock (1:00) a.m. and ten o'clock (10:00) a.m.
4-2-20: RESTRICTION OF SALES BY LICENSEE. No licensee or its employed
agents, servants or bartenders shall sell, deliver or give away, or cause or permit to be sold,
delivered, or given away, any liquor to:
(A) Any person under the age of twenty-one (21) years, proof of which, for every resident of
this State, shall be a valid driver's license, military identification card or an identification
card issued by the Idaho Department of Transportation.
(B) Any person actually or obviously intoxicated.
(C) An habitual drunkard.
(D) An interdicted person.
4-2-21: SALES TO DISQUALIFIED PERSONS UNDER AGE 21.
(A) Any person under the age of twenty-one (21) years who shall purchase, attempt to
purchase, possess, serve, dispense, or consume beer, wine or other alcoholic liquor shall
be guilty of a misdemeanor provided, however, that any person who is nineteen (19) years
of age or older may sell, serve, possess and dispense liquor, beer or wine in the course of
TITLE 4 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 74
his employment in any place as defined in section 23-942, Idaho Code, or other place where
liquor, beer or wine are lawfully present so long as such place is the place of employment
for such person under twenty-one (21) years of age.
(B) Any person who knowingly misrepresents his or her age or qualifications for the purpose
of obtaining liquor from a licensee shall be guilty of a misdemeanor.
(C) No person shall represent to any licensee, to any agent or employee of a licensee, or to any
bartender that any other person is twenty-one (21) years or more of age, when in fact the
other person is under the age of twenty-one (21) years, for the purpose of inducing such
licensee, or the licensee's agent or employee, or a bartender to sell, deliver or give away
any liquor to such other person.
(D) No person shall purchase liquor for the purpose of delivering the same to any person under
the age of twenty-one (21) years, nor shall such person sell, give away or deliver liquor to
any person under the age of twenty-one (21) years.
4-2-22: LIQUOR CATERING PERMIT. Any person holding a retail liquor license may
serve and sell liquor, retail by the drink at a party or convention at a location other than at the
licensed premises for a period not to exceed three (3) consecutive days, upon obtaining a liquor
catering permit. Applications for such permit shall be made to the City Clerk on such form as
prescribed by the Clerk, which form shall contain the following information:
(A) The name and address of the applicant and the number of his state liquor license.
(B) The dates and hours during which the permit is to be effective, not to exceed three (3)
consecutive days.
(C) The names and addresses of the organizations, groups, or persons sponsoring the event.
(D) The address at which the liquor is to be served, and if a public building, the rooms in which
the liquor is to be served.
The application shall be verified by the applicant and filed with the Clerk. A filing fee in the
amount of twenty dollars ($20.00) for each day the permit is to be effective shall be paid to the
City Clerk. Such fee shall be nonrefundable irrespective of whether the party or convention is
held.
4-2-23: APPLICATION FOR LIQUOR CATERING PERMIT. Upon the filing of an
application for a liquor catering permit, the Council shall upon the advice and recommendation of
the Chief of Police approve or disapprove the application and indicate the determination on the
face of the application by indorsement signed by the Clerk. Copies of the application with signed
indorsements thereon shall be mailed or delivered immediately to the Chief of Police, the Director
of the Idaho Department of Law Enforcement and the applicant, and a signed copy shall be retained
by the Clerk. An application approved in this manner shall constitute a permit, unless disapproved
TITLE 4 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 75
by the Director by notice served upon the applicant for the retail sale of liquor by the drink, beer
and wine for the period authorized by the permit.
4-2-24: PERSONS UNDER SPECIFIED AGES PROHIBITED TO BE AT
LICENSED PLACES. No person under the age of twenty-one (21) years shall enter, remain in
or loiter in or about any premises licensed for the sale of liquor by the drink at retail, or sale of
beer for consumption on the premises, nor shall any licensee of either such place, or any person in
charge of a licensed premises or on duty while employed by the licensee therein, permit or allow
any person under such age to remain in or loiter in or about such place. Provided, however, it is
lawful for persons who are musicians and singers eighteen (18) years of age or older, to enter and
to remain in any place as defined in Section 23-942, Idaho Code, but only during and in the course
of their employment as musicians and singers. Provided further, that it is lawful for persons who
are nineteen (19) years of age or older to sell, serve, possess or dispense liquor, beer or wine in the
course of their employment in any place as defined in section 23-942, Idaho Code, or in any other
place where liquor, beer or wine are lawfully present, so long as such place is the place of
employment for such person. However, the foregoing shall not permit the sale or distribution of
any alcoholic beverages to any person under the ages specified for sale of alcoholic beverages.
4-2-25: EXCEPTIONS. Notwithstanding the preceding section, any person under the age
of twenty-one (21) years may enter or be upon or within:
(A) Any railroad observation or club car or any airplane of a commercial airline,
notwithstanding that such premises may also be licensed for the sale of liquor by the drink
or for the sale of beer for consumption on the premises or that alcoholic beverages, or beer,
or both, are prepared, mixed or dispensed and served and consumed therein.
(B) Any building, a part or portions of which are used as a licensed premises, provided such
premises are separate or partitioned from the remainder of said building and access to such
place through a doorway or doorways or other means of ingress can be controlled to prevent
persons under twenty-one (21) years of age from entering therein.
(C) Any baseball park, sports arena or fairgrounds, notwithstanding that such premises or any
portion thereof may be licensed for the sale of beer for consumption on the premises or that
beer is dispensed and served and consumed therein.
(D) The premises of any licensed winery notwithstanding that such premise or any portion
thereof may also be licensed for the sale of beer or wine for consumption on the premises
or that wine is dispensed and served and consumed therein.
(E) The licensed premises of a wine retailer, wholly owned and operated by a licensed winery
which retails exclusively the products of that winery.
TITLE 4 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 76
CHAPTER 3 Beer
SECTION:
4-3-1: Definitions
4-3-2: License Required
4-3-3: License Fees
4-3-4: Application for License
4-3-5: Prohibited Licenses
4-3-6: License for Designated Address Only
4-3-7: Location Restrictions
4-3-8: Posting of License
4-3-9: Transfer of License; Transfer Fee
4-3-10: Right of Entry
4-3-11: Sale to Minors Prohibited
4-3-12: Conduct of Business
4-3-13: Dancing on Premises on Sunday Prohibited
4-3-14: Covering of Windows on Street Levels Unlawful
4-3-15: Hours of Sale
4-3-1: DEFINITIONS. Certain words and phrases used in this Chapter are defined as
follows:
BEER: Any beverage obtained by the alcoholic
fermentation of an infusion or decoction of
barley, malt and/or other ingredients in
drinkable water and which contains not
more than six percent (6%) alcohol by
weight.
DISTRIBUTOR: A person who is employed by or is an agent
of a retailer to sell, serve or dispense beer.
TITLE 4 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 77
LICENSE: A license issued by the City Council
authorizing a licensee to sell beer at retail.
LICENSEE: A qualified person to whom a license for
the retail sale of beer is issued under the
provisions of this Chapter.
PREMISES: The building, room or place in which the
retail sale of beer by a licensee is
authorized under this Chapter.
RETAILER: A person to whom a beer license has been
issued.
4-3-2: LICENSE REQUIRED. Except as otherwise provided in this Chapter, no person
shall sell or dispense beer at retail within the City without first obtaining a license from the City
as required by this Chapter.
4-3-3: LICENSE FEES. License fees for the retail sale of beer in the City shall be as
follows:
(A) Where the retailer sells draught, bottled or canned beer for consumption on or off the
premises, two hundred dollars ($200.00) per annum;
(B) Where the retailer sells bottled or canned beer only for consumption off the premises, fifty
dollars ($50.00) per annum.
4-3-4: APPLICATION FOR LICENSE.
(A) Each applicant for a license for the retail sale of beer shall file with the City Clerk a written
application that states the following:
(1) The name and residential address of the applicant.
(2) The street address of the premises where beer is to be sold.
(3) The name of the owner of the premises for which the license is sought.
(4) That the applicant, if an individual, is at least nineteen (19) years old.
(5) That the applicant has not been convicted of a felony or any crime involving moral
turpitude.
(6) The names and addresses of four (4) references as to the good moral character of
the applicant.
TITLE 4 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 78
(7) That the applicant holds a current, valid license for the retail sale of beer, issued by
the County Commissioners of Bonneville County, Idaho.
(8) That the applicant agrees to abide by the terms and conditions of this Chapter, and
any laws, ordinances, rules or regulations subsequently promulgated by the State,
Bonneville County or the City regarding the retail sale of beer within the City.
(9) Any other information the Clerk requires to determine that the applicant possesses
the qualifications and has none of the disqualifications for a license, as provided in
this Chapter and in Sections 23-1010 and 23-1016, Idaho Code, as amended.
(B) On receipt of a written application conforming with subsection (A) of this Section and
payment of the license fee, the City Clerk shall immediately forward the application to the
Chief of Police for review, investigation and recommendation. If the Chief of Police
recommends denial of the license application, the Chief shall notify the applicant of the
recommendation and state the date, time and place of the next City Council meeting at
which the recommendation will be considered. The notice shall be in writing and shall be
mailed to the applicant at the address in the application no later than seven (7) days prior
to the date of the City Council meeting.
(C) At the date, time and place stated in the notice, the City Council shall consider the
application and hear testimony and evidence from any interested person. No license
application shall be denied unless the written notice required by subsection (B) of this
Section has been given and the applicant has been given an opportunity to testify and
present evidence in support of the issuance of the license. All applications for a retail beer
license or any transfer or renewal of a retail beer license shall be granted or denied within
sixty (60) days from the date the application was delivered to the City Clerk.
(D) If the Council denies an application for a retail beer license, or any renewal or transfer of
a retail beer license, the Council shall specify in writing:
(1) The statutes, ordinances and standards used in evaluating the application;
(2) The reasons for denial; and
(3) The actions, if any, the applicant could take to obtain the license, transfer or
renewal.
(E) The City Clerk shall keep a transcribable verbatim record of all proceedings concerning
applications for beer licenses, or their transfer, renewal or revocation, pursuant to the
provisions of this Chapter. If an application for a license, transfer or renewal is denied, or
if a license is revoked, the transcribable verbatim record shall be kept for a period of not
less than six (6) months after a final decision. Upon request and within the time provided
for retention of the record, persons may have the record transcribed at their expense.
TITLE 4 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 79
4-3-5: PROHIBITED LICENSES. No license for retail sale of beer shall be issued to
any person holding a wholesaler's or manufacturer's license issued by the State.
4-3-6: LICENSE FOR DESIGNATED ADDRESS ONLY. A license for the retail sale
of beer shall be granted only for the place designated in the application. The place of business
shall not be changed or moved without the consent the Council.
4-3-7: LOCATION RESTRICTIONS.
(A) No license shall be issued for any premises that is within three hundred (300) feet of any
public school, church, or any other place of worship. Such distance shall be measured in a
straight line between the nearest entrance to the licensed premises and the nearest property
line of such school, church or place of worship.
(B) No person shall sell or dispense beer for consumption on the premises at any place within
three hundred (300) feet of any public school, church or other place of worship, measured
in a straight line between the nearest entrance to such place and the nearest property line
of such school, church or place of worship.
(C) The provisions of subsections (A) and (B) above shall not apply to any premises that met
the qualifications of such subsection at the time the premises were first licensed, but
thereafter fail to meet such location restrictions because of the construction or
commencement of use of such public facility or place of worship subsequent to such first
licensing.
4-3-8: POSTING OF LICENSE. All licenses for the sale of beer shall be posted in a
place conspicuous to the public at the licensed premises at all times when the premises are open
for business.
4-3-9: TRANSFER OF LICENSE; TRANSFER FEE. No license may be transferred
to another person who has not obtained approval of the City Council after making an application
containing the information required by Section 4-3-5. If a transferee has all of the qualifications
and none of the disqualifications for a license to sell beer at retail, the City Council shall approve
the transfer and the City Clerk shall re-issue the license in the name of the transferee. The fee for
transfer of a license to sell beer at retail shall be twenty-five dollars ($25.00) for bottled or canned
beer sold only for consumption off the premises and one hundred dollars ($100.00) for draught,
bottled or canned beer sold for consumption on or off the premises. The license for the transferring
license shall be surrendered to the City Clerk before such transfer may be made.
TITLE 4 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 80
4-3-10: RIGHT OF ENTRY. Any police officer shall have the right at any time to enter
and examine the premises of any licensee or of any place where beer is sold at retail to ascertain
the alcoholic content of any beer kept for sale on the premises or to ascertain compliance with the
laws of the State and the City. It shall be unlawful to refuse any police officer admittance to the
premises for such purposes.
4-3-11: SALE TO MINORS PROHIBITED.
(A) No person under twenty-one (21) years of age shall sell, purchase, possess or consume any
beer. This restriction shall not apply to persons at least nineteen (19) years old who sell,
dispense, deliver or possess beer in the course of their employment by a licensee under this
Title.
(B) No person shall give, sell or deliver beer to any person under the age of twenty-one (21).
(C) No person under the age of twenty-one (21) shall represent to any retailer or distributor or
to any agent or employee of a retailer or distributor that he or she is twenty-one (21) years
or more of age, when in fact he or she is under the age of twenty-one (21) years, for the
purpose of inducing the retailer or distributor, or his agent or employee, to sell, serve or
dispense beer to such person.
(D) No person shall represent to any retailer or distributor or to any agent or employee of a
retailer or distributor that any other person is twenty-one (21) years or more of age, when
in fact the other person is under the age of twenty-one (21) years, for the purpose of
inducing the retailer or distributor, or his agent or employee, to sell, serve or dispense beer
to such other person.
4-3-12: CONDUCT OF BUSINESS. Every person licensed under this Title to sell beer at
retail shall at all times conduct a quiet and well-lighted, orderly place of business.
4-3-13: DANCING ON PREMISES ON SUNDAY PROHIBITED. No person licensed
under this Title to sell beer at retail shall permit dancing on Sunday in the licensed premises.
4-3-14: COVERING OF WINDOWS ON STREET LEVELS UNLAWFUL. Street
level windows adjacent to any public street in premises owned or controlled by any person licensed
under this Title to sell beer at retail shall not be covered by curtains, paint or any substance that
obscures or tends to obscure the view into the premises from the street.
TITLE 4 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 81
4-3-15: HOURS OF SALE. It shall be unlawful for any person in any place licensed to
sell beer for consumption on the premises, to sell or dispense beer for consumption on the premises
or to permit the consumption of beer on the premises between the following hours:
(A) 1:00 a.m. and 7:00 a.m. of any day other than Sunday;
(B) 1:00 a.m. on Sunday, Thanksgiving and Christmas and 7:00 a.m. of the day following such
holidays.
It shall also be unlawful for any person to sell or dispense beer for consumption on the premises
on Sunday during the hours permitted above, in any place not licensed as an eating place under
Chapter 16, Title 39, Idaho Code.
TITLE 4 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 82
CHAPTER 4 Wine
SECTION:
4-4-1: Definitions
4-4-2: License Required
4-4-3: License Fees
4-4-4: Application for License
4-4-5: Qualifications
4-4-6: Issuance of License
4-4-7: Expiration; Transfer
4-4-8: Consumption on Premises
4-4-9: Location Restrictions; Schools or Churches
4-4-10: Age Restriction on Sale or Purchase
4-4-11: Hours of Sale
4-4-1: DEFINITIONS. Certain words and phrases used in this Chapter are defined as
follows:
DIRECTOR: The director of the Idaho State Police.
WINE: Any alcoholic beverage containing not
more than fourteen percent (14%) alcohol
by volume obtained by the fermentation of
the natural sugar content of fruits or other
agricultural products containing sugar
whether or not other ingredients are added.
RETAIL WINE LICENSE: A license issued by the Director
authorizing a person to sell wine at retail
for consumption off the licensed premises.
The term also means a license issued by the
City authorizing a person to sell wine at
retail for consumption off the licensed
premises only.
TITLE 4 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 83
WINE-BY-THE-DRINK
LICENSE:
A license to sell wine by the individual
glass or open bottle at retail for
consumption on the premises.
RETAILER: A person to whom a retail wine license or
wine-by-the-drink license has been issued.
DISTRIBUTOR: A person who is employed by or is an agent
of, a retailer to sell, serve or dispense wine.
(Ord. 226-02-19, 2/19/2019).
4-4-2: LICENSE REQUIRED. Except as otherwise provided by this Chapter, no person
shall sell wine at retail for consumption off the premises or by the individual glass or open bottle
for consumption on the premises within the City, without first obtaining a license under this
Chapter or a liquor by the drink license issued under Chapter 2 of this Title. A person who holds
a valid current wine-by-the-drink license issued by the City may sell on the licensed premises wine
at retail for consumption off the premises without obtaining a retail wine license from the City.
4-4-3: LICENSE FEES. The fee for a retail wine license shall be one hundred dollars
($100.00) per year. The fee for a wine-by-the-drink license shall be one hundred dollars ($100.00)
per year. License fees shall be paid in advance for each calendar year or any portion of a calendar
year without proration.
(Ord. 226-02-19; 2/19/2019).
4-4-4: APPLICATION FOR LICENSE. Each applicant for a retail wine license or
wine-by-the drink license shall submit a written application on a form furnished by the Clerk.
4-4-5: QUALIFICATIONS. An applicant for a retail wine license or wine-by-the-drink
license shall possess all qualifications necessary to obtain a license from the Director. Licensees
shall maintain qualifications throughout the period for which their license is issued. Possession of
licenses regularly issued by the Director and Bonneville County shall be prima facie evidence of
the applicant's qualifications to receive a license under this Chapter.
4-4-6: ISSUANCE OF LICENSE. When the applicant for a retail wine license or wine-
by-the-drink license has produced evidence as required by Section 4-4-5 above and paid the
required license fee, the City Clerk shall submit the application to the City Council within thirty
(30) days after the application is filed. Upon approval of the Council, the Clerk shall issue the
license to the applicant.
TITLE 4 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 84
4-4-7: EXPIRATION; TRANSFER. Licenses issued under this Chapter shall expire at
midnight on December 31 of the calendar year for which they are issued. The procedure for the
transfer of a retail wine license or a wine-by-the-drink license shall be the same as provided in
Idaho Code Section 23-1317, as amended, upon application to the City Clerk. The fee for transfer
of a retail wine license or wine-by-the-drink license shall be one hundred dollars ($100.00). The
license of the transferring licensee shall be surrendered to the City Clerk before such transfer may
be made.
4-4-8: CONSUMPTION ON PREMISES. Retailers who do not possess a valid City
license for the retail sale of liquor by the drink or wine-by-the-drink shall not permit consumption
of wine on the licensed premises.
4-4-9: LOCATION RESTRICTIONS; SCHOOLS OR CHURCHES. No wine-by-
the-drink license shall be issued to any person to operate at any place that is within three hundred
(300) feet of any public school, church or any other place of worship. Such distance shall be
measured in a straight line between the nearest entrance to the licensed premises and the nearest
property line of such school, church or place of worship. No person shall sell or dispense wine for
consumption on the premises at any place within three hundred (300) feet of any public school,
church or other place of worship, similarly measured in a straight line. This restriction shall not
apply to any duly licensed premises that at the time of first licensing did not come within the
restricted area, but subsequent to such first licensing came therein because of the construction or
commencement of use of such public facility or place of worship subsequent to such first licensing.
4-4-10: AGE RESTRICTION ON SALE OR PURCHASE.
(A) No person under twenty-one (21) years of age shall sell, purchase, possess or consume any
wine.
(B) No person shall give, sell or deliver wine to any person under the age of twenty-one (21)
years.
(C) No person under the age of twenty-one (21) shall represent to any retailer or distributor
that he or she is twenty-one (21) years or more of age, when in fact he or she is under such
age for the purpose of inducing the retailer or distributor, to sell, serve or dispense wine to
such person.
(D) No person shall represent to any retailer or distributor that any other person is twenty-one
(21) years or more of age, when in fact that other person is under such age for the purpose
of inducing such retailer or distributor to sell, serve or dispense wine to such other person.
TITLE 4 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 85
4-4-11: HOURS OF SALE. No person who is licensed to sell or dispense wine for
consumption on the premises shall sell or dispense wine for consumption on the premises during
any time when beer cannot be lawfully sold for consumption on the premises.
TITLE 4 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 86
CHAPTER 5 Amusements
SECTION:
4-5-1: Amusement Device Defined
4-5-2: Game Arcade Defined
4-5-3: Public Amusement Defined
4-5-4: License Required
4-5-5: License Application
4-5-6: License Approval and Issuance
4-5-7: License Fees
4-5-1: AMUSEMENT DEVICE DEFINED. As used in the Chapter, “amusement
device” means any electronic or mechanical device which, upon the insertion of a coin or token,
may be operated by the general public by manipulating special equipment to establish a score,
when the element of skill in such manipulation predominates over chance or luck. It shall include
without limitation devices such as pinball machines, video games and mechanical grab machines.
4-5-2: GAME ARCADE DEFINED. As used in this Chapter, “game arcade” means any
room, building or other structure where six (6) or more amusement devices are available for
operation by the general public.
4-5-3: PUBLIC AMUSEMENT DEFINED. As used in this Chapter, “public
amusement” means any carnival, roller skating rink, bowling alley, motion picture theater,
amusement rides business or game arcade operated for pecuniary gain, unless the operator is
qualified as a charitable corporation under Section 501(c)(3) of the United States Internal Revenue
Code.
4-5-4: LICENSE REQUIRED. No person may operate or conduct any public
amusement within the City without first obtaining a license from the City.
TITLE 4 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 87
4-5-5: LICENSE APPLICATION. Applications for public amusement licenses shall be
made at the office of the City Clerk on a form furnished by the City Clerk. The application shall
state the applicant's name and residential address, business name and business address, and the
nature, location and dates of the public amusement to be conducted or operated. The relevant
license fee shall accompany the application.
4-5-6: LICENSE APPROVAL AND ISSUANCE. Upon receipt of a completed
application and the relevant license fee, the City Clerk shall submit the license application to the
City Council for approval or denial.
4-5-7: LICENSE FEES. The following fees shall be charged for public amusement
licenses:
(A) For every public amusement not otherwise mentioned below, one hundred dollars
($100.00) per day for each day the activity is conducted.
(B) For every indoor roller-skating rink, forty dollars ($40.00) per year.
(C) For every bowling alley, forty dollars ($40.00) per year.
(D) For every motion picture theater having a permanent location in the City, forty dollars
($40.00) per year.
(E) For every game arcade having a permanent location in the City, forty dollars ($40.00) per
year.
TITLE 4 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 88
CHAPTER 6 Itinerant Merchants, Mobile Food Vendors,
Door-to-Door Salespersons
SECTION:
4-6-1: Purposes
4-6-2: Definitions
4-6-3: License Required
4-6-4: Exception to the License Requirement
4-6-5: License Fee
4-6-6: License Application Form
4-6-7: Investigation of Applicant and Issuance of License
4-6-8: License Nontransferable
4-6-9: Display of License
4-6-10: Temporary Revocation of License
4-6-11: Grounds for Revocation of License
4-6-12: Mobile Vendor Specific Regulations
4-6-13: Door-to-Door Salesman Specific Regulations
4-6-1: PURPOSES. This Chapter has three purposes: (1) to protect the citizens from
fraud, crime and unfair, deceptive or dishonest business practices by persons temporarily engaged
in the business of selling goods, wares, merchandise and services within the City; (2) to protect
the residents of the City from unwanted intrusions on the privacy of their homes; and (3) to protect
the health, safety, aesthetics and general welfare of the City and its residents.
(Ord. 180-03-14, 3/25/2014).
4-6-2: DEFINITIONS. For the purposes of this Chapter, the following terms shall have
the meanings ascribed below:
DOOR-TO-DOOR SALES: The term “Door-to-Door Sales” shall mean
the sale, lease or rental of consumer goods,
wares or services with an aggregate
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CHAPTER 6 (Revision: February 29, 2024) Page 89
purchase price of twenty-five dollars
($25.00) or more, whether under single or
multiple contracts, in which the sales
person sells or solicits orders for the sale of
such goods or services without prior
invitation at a residential occupancy. Such
term shall not include door-to-door
dissemination of political campaign
materials, the exercise of the political
franchise, campaign activities, voter
registration activities, proselytizing or
dissemination of religious faith or
viewpoint or solicitation of contributions
or donations by any charitable or religious
organization qualified under 26 U.S.C. §
501, nor the sale of goods, wares or
merchandise by any minor under the age of
18 while under the sponsorship of such
charitable or religious organizations.
GARAGE SALE: “Garage Sale” shall mean a sale of new or
used personal property, not more than three
(3) days in duration and conducted no more
frequently than twice in any calendar year
at the same location.
ITINERANT MERCHANT: “Itinerant Merchant” means any person
who sells or offers to sell any goods, wares,
merchandise or services from any stand,
vehicle, trailer, tent, rack or other shelter or
structure not permanently affixed to real
property or any person who sells or offers
to sell any goods, wares, merchandise or
services from any motel room, office,
building, warehouse, shopping mall or
other location with an intent to remain at
that location for no more than one (1) year.
Execution or adoption of any lease
agreement or other contract for the use of
such location for a term of one (1) year or
less, or with the ability to terminate or lease
within such time period, shall be prima
facie evidence of such intent.
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CHAPTER 6 (Revision: February 29, 2024) Page 90
MOBILE FOOD VENDOR: A “Mobile Food Vendor” means a person
who sells food or beverages at retail to the
public from any vehicle.
VEHICLE: “Vehicle” means every device in, upon, or
by which any person or property is or may
be transported or drawn upon a highway,
excepting devices used exclusively upon
stationary rails or tracks.
(Ord. 180-03-14, 3/25/2014).
4-6-3: LICENSE REQUIRED. No person shall engage in the business of an Itinerant
Merchant, Mobile Food Vendor, or Door-to-Door Salesman without first obtaining a license from
the City.
(Ord. 180-03-14, 3/25/2014).
4-6-4: EXCEPTION TO THE LICENSE REQUIREMENT. The license requirements
of this Chapter shall not apply to the following:
(A) Sales conducted pursuant to court order;
(B) The sale of Christmas trees;
(C) Garage sales;
(D) The sale of goods, wares, merchandise or services by any student group or religious,
philanthropic or charitable organization exempt from taxation under 26 U.S.C. Section 501
and which has a local charter or sponsor with its principal place of business located in the
City;
(E) The sale of any goods, wares, merchandise or services by any person or organization
appropriately licensed under any other provision of the City Code; or
(F) The sale of goods, wares or merchandise to a business establishment that intends to offer
those items for resale.
(Ord. 180-03-14, 3/25/2014).
4-6-5: LICENSE FEE. At the time of making the application, applicants for an Itinerant
Merchant, Mobile Food Vendor, or Door-to-Door Salesman License shall pay to the City Clerk a
license fee of fifty dollars ($50.00). This license will be valid from the date of issuance until
December 31st of the year of issuance. If the license is denied for any reason, twenty-five dollars
($25.00) shall be refunded to the applicant.
TITLE 4 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 91
(Ord. 180-03-14, 3/25/2014).
4-6-6: LICENSE APPLICATION FORM. Applications for an Itinerant Merchant,
Mobile Food Vendor, or Door-to-Door Salesman License shall be in writing on a form furnished
by the City and shall be filed with the City Clerk. Applications shall contain the following
information:
(A) The name and current street address of the applicant. If the applicant is a corporation,
partnership, association or other business entity, then the application shall also include the
names and addresses of all persons owning ten percent (10%) or more of the shares or
equity interests of the entity and the address of the principal place of business of the
applicant;
(B) The social security number of the applicant or if the applicant is a corporation, association,
or other business entity, a federal taxpayer identification number or state sales tax number;
(C) A valid photographic identification card issued by a public agency for all persons who will
sell or offer for sale any goods, wares, merchandise or services. Such identification card
may consist of a driver’s license, military identification card, passport or other similar
forms of publicly-issued identification cards. Such identification card shall reflect the
current mailing and street address of the person to whom such card is issued;
(D) A brief description of the nature of the business and the goods or services to be sold.
Mobile Food Vendors shall also provide a brief description of the menu, food, beverages
or confections to be sold;
(E) The registration information and vehicle description for each motor vehicle that will be
used in conjunction with the sale of goods, wares or merchandise, and a copy of a photo
identification card for all drivers thereof, if different from the persons identified in sub-
section C above;
(F) A statement of whether any business-related permit or license held by the applicant or any
of the applicant's agents or employees has been revoked within the past five (5) years by
any jurisdiction, and if so, where, when and why the revocation occurred;
(G) A statement of whether the applicant or its representatives has been convicted of any felony
or crime involving moral turpitude, and if so, the nature, place and date of each such
conviction; and
(H) A statement of all locations in the City where the goods, wares, merchandise or services
will be sold.
(Ord. 180-03-14, 3/25/2014).
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CHAPTER 6 (Revision: February 29, 2024) Page 92
4-6-7: INVESTIGATION OF APPLICANT AND ISSUANCE OF LICENSE.
(A) On receipt of the application fee, the City Clerk shall forward the application to the Chief
of Police, who shall make an investigation to verify the information in the application. The
Chief of Police shall report his findings to the City Clerk and City Council as soon as
reasonably possible, but no later than thirty (30) days after the application is filed with the
City Clerk.
(B) On receipt of the report of the Chief of Police, the Clerk shall forward the application and
the Chief's report to the City Council for its approval or denial.
(C) The City Council shall approve issuance of a license unless the applicant or any officer,
agent or employee of an applicant has:
(1) Been convicted of any felony or crime of moral turpitude, in any jurisdiction, within
five (5) years prior to the date of the application;
(2) Made any false statements on the application;
(3) Had any business-related permit or license revoked by any jurisdiction within five
(5) years prior to the date of the application.
(D) Licenses issued under this Chapter shall show the name and address of the licensee and the
date of issuance and expiration of the license.
(Ord. 180-03-14, 3/25/2014).
4-6-8: LICENSE NONTRANSFERABLE. Licensees shall not allow their license to be
used by any person other than their agents or employees for any purpose. All licenses shall be
nontransferable and non-assignable.
(Ord. 180-03-14, 3/25/2014).
4-6-9: DISPLAY OF LICENSE. The Itinerant Merchant License and the Mobile Food
Vendor License required by this Chapter shall be exhibited at all times in a place conspicuous to
the public at all locations where any goods, wares, merchandise or services are sold or offered for
sale. The Door-to-Door Salesman License required by this chapter shall be prominently displayed
at all times on the licensee's person, agent or employees when such person, agent or employee is
engaging in licensed activities.
(Ord. 180-03-14, 3/25/2014).
4-6-10: TEMPORARY REVOCATION OF LICENSE. Any law enforcement officer
may temporarily suspend an Itinerant Merchant, Mobile Food Vendor, or Door-to-Door Salesman
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CHAPTER 6 (Revision: February 29, 2024) Page 93
License for a period not to exceed thirty (30) days if the officer has good cause to believe the
licensee, or any of the licensee’s agents or employees has engaged in any conduct constituting
grounds for revocation of a license as set forth in section 4-6-11.
(Ord. 180-03-14, 3/25/2014).
4-6-11: GROUNDS FOR REVOCATION OF LICENSE. The City Council may revoke
an Itinerant Merchant, Mobile Food Vendor, or Door-to Door Salesman License for any of the
following reasons:
(A) The licensee or any of licensee's agents or employees engages in any fraudulent, deceptive
or unlawful business practice in connection with licensee's business;
(B) False statements on the license application;
(C) The licensee or any of licensee's agents or employees violates any provision of this
Chapter;
(D) Revocation by any jurisdiction of any other business-related license or permit held by
licensee;
(E) The licensee is convicted in any jurisdiction of any felony or crime of moral turpitude; or
(F) The licensee or any of its agents or employees has been convicted of any felony or crime
of moral turpitude or engaged in any unlawful or deceptive business practice while
engaging in the business of an Itinerant Merchant, Mobile Food Vendor, or Door-to-Door
Salesman or while the licensee is otherwise exercising the privileges granted under the
license.
(Ord. 180-03-14, 3/25/2014).
4-6-12: MOBILE VENDOR SPECIFIC REGULATIONS.
(A) Mobile Vendors making sales from vehicles operated on the City’s public streets shall stop
their vehicles at curbside before making any sales. Mobile vendors shall not make sales
from vehicles parked, stopped or standing on public sidewalks of the City. Sales shall not
be made to persons who are on public streets, but may be made to persons on public
sidewalks.
(B) Mobile Vendors shall not conduct business within any park owned or maintained by the
City, without a separate permit or concession issued by the City.
(C) No Mobile Vendor shall make sales from any one location on a public street for more than
two (2) consecutive hours.
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CHAPTER 6 (Revision: February 29, 2024) Page 94
(D) Mobile Vendors shall not sell, convey or offer to sell merchandise or goods from any
vehicle on the City streets unless the vehicle is registered and equipped as required by State
law.
(E) Mobile Vendors shall comply with all State and City traffic and parking, stopping and
standing laws, ordinances and regulations.
(F) Mobile Vendors shall not sell, convey or offer to sell merchandise or goods from any
vehicle on the City streets unless the vehicle is equipped with a suitable trash container
readily accessible to the public, in which the vendor’s customers may deposit any litter,
trash or waste related to the vendor’s sales. Prior to moving a sales vehicle from a sales
location, a mobile vendor shall pick up and remove all litter, trash and waste related to the
vendor’s sales within a one-hundred-foot (100’) radius of the sales location.
(Ord. 180-03-14, 3/25/2014).
4-6-13: DOOR-TO-DOOR SALESMAN SPECIFIC REGULATIONS.
(A) Door-to-Door Salesmen shall not conduct business between the hours of 9:00 p.m. and
10:00 a.m. of the following day or on any legal holiday.
(B) Any person who sells or solicits orders for the sale of goods, wares, services, food or
beverage at any posted residence without prior invitation by the occupant thereof, shall be
guilty of a misdemeanor. For the purposes hereof, a residence is “posted” if a “No
Solicitors,” or other similar sign, is prominently displayed at or near the primary entrance
to the premises. Nothing herein shall prevent door-to-door dissemination of political
campaign materials, the exercise of the political franchise, or campaign activities, voter
registration activities, proselytizing or dissemination of religious faith or view point or the
solicitation of contributions or donations by any charitable or religious organization
qualified under 26 USC Section 501.
(Ord. 180-03-14, 3/25/2014).
TITLE 4 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 95
CHAPTER 7 Pawn Brokers, Secondhand Precious Metals Dealers,
Secondhand Stores
SECTION:
4-7-1: Garage Sale Defined
4-7-2: Pawnbroker Defined
4-7-3: Precious Metals Defined
4-7-4: Secondhand Goods Defined
4-7-5: Secondhand Precious Metals Dealer Defined; Exception
4-7-6: Secondhand Storekeeper Defined; Exception
4-7-7: License Required
4-7-8: License Application
4-7-9: License Approval and Issuance
4-7-10: License Fees
4-7-11: Records to be Kept
4-7-12: Records to be Open for Inspection
4-7-13: Retention of Records; Time
4-7-14: Retention of Property
4-7-15: Compliance with Law
4-7-16: Prohibited Purchases
4-7-17: Revocation of License
4-7-1: GARAGE SALE DEFINED. As used in this Chapter, a "garage sale" is a sale of
new or used personal property, not more than three (3) consecutive days in duration and conducted
not more frequently than once every six (6) months at the same location.
4-7-2: PAWNBROKER DEFINED. As used in this Chapter, "pawnbroker" is a person
who engages in the business of lending or advancing money on the security of personal property
pledged or deposited in his or her possession.
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CHAPTER 7 (Revision: February 29, 2024) Page 96
4-7-3: PRECIOUS METALS DEFINED. As used in this Chapter, “precious metals”
means gold, silver, platinum and their alloys.
4-7-4: SECONDHAND GOODS DEFINED. As used in this Chapter, “secondhand
goods” are articles of personal property, other than operable motor vehicles, previously possessed
and used by a person other than their current possessor.
4-7-5: SECONDHAND PRECIOUS METALS DEALER DEFINED; EXCEPTION.
(A) Definition. As used in this Chapter, a “secondhand precious metals dealer” is a person
who engages in the business of buying, selling, exchanging or trading old or used precious
metal or secondhand goods containing any precious metal.
(B) Exceptions. The following shall not be considered secondhand precious metals dealers:
(1) Persons who in the ordinary course of business buy or sell uncast precious metals
primarily for use in any manufacturing or photographic developing process, jewelry
manufacture or repair, or dental restoration or repair.
(2) Persons who in the ordinary course of business accept or receive secondhand goods
containing precious metals as consideration for the sale of new merchandise and
who subsequently dispose of such secondhand goods in the same form as they
existed at the time of their receipt.
4-7-6: SECONDHAND STOREKEEPER DEFINED; EXCEPTION.
(A) Definition. As used in this Chapter, a “secondhand storekeeper” is a person who engages
in the business of buying, selling, exchanging or trading secondhand goods.
(B) Exceptions. Persons who sponsor or conduct garage sales shall not be considered
secondhand storekeepers.
4-7-7: LICENSE REQUIRED. No person shall engage in the business of a pawnbroker,
secondhand storekeeper or secondhand precious metals dealer without first obtaining a license
issued by the City.
4-7-8: LICENSE APPLICATION. Applications for pawnbrokers, secondhand
storekeepers and secondhand precious metals dealers licenses shall be made on a form provided
by the City Clerk. The application shall state the applicant's name, residential address, business
TITLE 4 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 97
name, address of place of business, type of license applied for and a general description of the
goods or materials to be purchased, sold, exchanged or traded. The relevant license fee shall
accompany the application.
4-7-9: LICENSE APPROVAL AND ISSUANCE. Applications for licenses required
under this Chapter shall be forwarded by the City Clerk to the City Council for its approval or
denial. Upon approval of an application, the City Clerk shall issue the license. If a license
application is denied by the City Council, the license fee shall be refunded to the applicant.
4-7-10: LICENSE FEES. Fees for licenses issued under this Chapter shall be as follows:
Pawnbroker $50.00 per location per calendar year or
any part thereof.
Secondhand Precious
Metals Dealer
$30.00 per location per calendar year or
any part thereof.
Secondhand Storekeeper $30.00 per location per calendar year or
any part thereof.
4-7-11: RECORDS TO BE KEPT. All pawnbrokers, secondhand storekeepers and
secondhand precious metals dealers shall keep the following written records:
(A) An accurate description of all precious metals and personal property purchased, acquired
or received.
(B) The name, residence, driver's license number or social security number of the person from
whom any, precious metals or personal property is purchased, acquired or received.
(C) The date and place of the purchase, acquisition or reception.
(D) The date when such property is disposed of and the name and address of the person
receiving the same.
(E) Any other records required to be kept under Idaho law.
4-7-12: RECORDS TO BE OPEN FOR INSPECTION. All records required to be kept
under this Chapter shall be made available for inspection by any police officer of the City during
normal business hours.
4-7-13: RETENTION OF RECORDS; TIME. All records required to be kept under this
Chapter shall be kept for not less than three (3) years.
TITLE 4 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 98
4-7-14: RETENTION OF PROPERTY. No person licensed under this Chapter shall sell,
trade, rent or otherwise dispose of any property acquired for the purpose of resale or other
conveyance for a period of fifteen (15) days from the date of receiving the property.
4-7-15: COMPLIANCE WITH LAW. Persons licensed under this Chapter shall conduct
their businesses in compliance with all applicable federal, state and City laws, ordinances and
regulations.
4-7-16: PROHIBITED PURCHASES. No person licensed under this Chapter shall
purchase, acquire, accept or receive in the ordinary course of business and for the purpose of resale
or other conveyance any precious metals or personal property from any person who is under the
age of eighteen (18) years or who is under the influence of alcohol, drugs or a controlled substance.
4-7-17: REVOCATION OF LICENSE. Any license issued under this Chapter may be
revoked by the Council upon proof that the licensee has violated any provision herein, has supplied
any false or materially misleading information in his or her application or has been convicted of
any felony.
TITLE 4 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 99
CHAPTER 8 Scrap Dealers
SECTION:
4-8-1: Scrap Defined
4-8-2: Scrap Dealer Defined
4-8-3: Scrap Yard Defined
4-8-4: License Required
4-8-5: License Application
4-8-6: License Approval and Issuance
4-8-7: License Fees
4-8-8: Records to be Kept; Content
4-8-9: Records to be Open for Inspection
4-8-10: Retention of Records; Time
4-8-11: Retention of Property
4-8-12: Storage of Scrap; Exceptions
4-8-13: Compliance with Law
4-8-1: SCRAP DEFINED. As used in this Chapter, “scrap” consists of used or old metal
cable or wire; cordage; iron, copper, brass, lead, zinc, steel, aluminum and similar metals; glass;
plastic; inoperable motor vehicles; used motor vehicle parts, supplies and accessories; inoperable
machinery; used machine parts, supplies and accessories; used paper products, including but not
limited to, newspapers and magazines; cardboard; rags or other fibrous material; lumber or other
building materials; or any other used or old articles whose value is derived primarily from
reclamation of its constituent parts or materials.
4-8-2: SCRAP DEALER DEFINED. As used in this Chapter, a “scrap dealer” is a
person who engages in the business of purchasing, selling, exchanging, trading, recycling and/or
storing scrap.
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CHAPTER 8 (Revision: February 29, 2024) Page 100
4-8-3: SCRAP YARD DEFINED. As used in this Chapter.
(A) Definition. As used in this Chapter, a “scrap yard” is a parcel of land or a portion thereof
where scrap is purchased, sold, exchanged, traded, disassembled, recycled, stored,
maintained or kept.
(B) Exceptions. If the activities listed in subsection (A) of this are conducted entirely within
a completely enclosed building, the building shall not be considered a scrap yard.
4-8-4: LICENSE REQUIRED. No person shall engage in the business of a scrap dealer
without first obtaining a license issued by the City.
4-8-5: LICENSE APPLICATION. Applications for scrap dealers licenses shall be made
on a form provided by the City Clerk. The application shall state the applicant's name, residential
address, business name, address of place of business and a general description of the goods and/or
materials to be purchased, sold, exchanged, traded, recycled or stored. The license fee shall
accompany the application.
4-8-6: LICENSE APPROVAL AND ISSUANCE. Applications for licenses required
under this chapter shall be forwarded by the City Clerk to the City Council for its approval or
denial. Upon approval of an application, the City Clerk shall issue the license. If a license
application is denied by the City Council, the license fee shall be refunded to the applicant.
4-8-7: LICENSE FEES. Fees for licenses issued under this Chapter shall be $50.00 per
calendar year or any part thereof.
4-8-8: RECORDS TO BE KEPT; CONTENT. All scrap dealers shall keep any records
required to be kept under Idaho Code Section 54-2702.
4-8-9: RECORDS TO BE OPEN FOR INSPECTION. All records required to be kept
under this Chapter shall be made available for inspection by any police officer of the City during
normal business hours. No scrap dealer or any of its agents or employees shall refuse to permit
any police officer of the City to inspect such records.
4-8-10: RETENTION OF RECORDS; TIME. All records required to be kept under this
Chapter shall be kept for not less than three (3) years.
TITLE 4 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 101
4-8-11: RETENTION OF PROPERTY.
(A) Retention Requirement. No person licensed under this Chapter shall sell, trade, rent,
recycle, destroy or otherwise dispose of any scrap with a value in excess of $500.00 and
acquired for the purpose of resale or other conveyance and which is identified by a
manufacturer affixed identification or serial number for a period of fifteen (15) days from
the date of receiving the scrap.
4-8-12: STORAGE OF SCRAP; EXCEPTIONS.
(A) Storage Requirements. Scrap dealers shall store all scrap in their possession only in a
completely enclosed building or in a scrap yard. If scrap is stored in a scrap yard, the scrap
yard shall be separated from any abutting public street or public sidewalk by an opaque
fence or masonry wall. Scrap stored in a scrap yard shall not be stored or stacked to a
height exceeding the height of the opaque fence or masonry wall.
(B) Exceptions. An opaque fence or masonry wall as described in this section shall not be
required if all scrap stored in a scrap yard is stored in fully enclosed and operable semi-
trailers as defined under the Idaho Code or where the scrap consists only of the following
materials: securely baled newspapers, magazines or similar paper products; securely baled,
crushed cardboard containers or similar cardboard products; crushed and containerized
aluminum cans or similar aluminum products; containerized glass bottles or jars or similar
glass products; or crushed and containerized plastic bottles or similar plastic products.
4-8-13: COMPLIANCE WITH LAW. Persons licensed under this chapter shall conduct
their businesses in compliance with all applicable federal, state and City laws, ordinances and
regulations.
TITLE 5 IONA CITY CODE
(Revision: February 29, 2024) Page 102
TITLE 5 Criminal Code
Chapter Subject
1 General Provisions
2 General Police Regulations
3 Animals
4 Dog Control
5 Public Streets
6 Irrigation Works
7 Public Health and Safety
8 Nuisances, Public Smoking and
Public Intoxication
9 Litter and Weed Control
10 Open Burning
11 Juvenile Curfew
TITLE 5 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 103
CHAPTER 1 General Provisions
SECTION:
5-1-1: Legislative Purpose
5-1-2: Definition of Crime
5-1-3: Punishment for Crimes
5-1-4: Prosecutions Against Corporations
5-1-5: Union of Act and Intent
5-1-6: Manifestation of Intent
5-1-7: Territorial Jurisdiction
5-1-8: Procedures under Idaho State Code
5-1-1: LEGISLATIVE PURPOSE. This title is called the Criminal Code. All words
and phrases used herein shall have the same meaning as ascribed in Title 18 of the Idaho Code,
except as expressly defined herein. All provisions herein shall be applied in the same manner and
construed consistently with the provisions of the Criminal Code for the State of Idaho.
5-1-2: DEFINTION OF CRIME. A crime or public offense is an act committed or
omitted in violation of a law forbidding or commanding it, and for which any person may be
punished by imprisonment or fine.
5-1-3: PUNISHMENT FOR CRIMES. Every person committing a crime, other than an
infraction, is punishable by imprisonment for a term not exceeding six months, or by a fine not
exceeding $1,000, or by both, or by any other fine, imprisonment or combination thereof, permitted
by Idaho Code Section 50-302. Any person committing an infraction is punishable only by a
penalty not to exceed $300. Unless otherwise specified, an infraction shall be punishable by a
penalty in the amount of $50 for the first infraction; $150 for any infraction committed within six
months after a previous infraction in violation of the same section of this Code; or $300 if such
offense was committed within six months of two or more previous infractions in violation of the
same section of this Code.
(Ord. 204-04-16, 04/19/2016); (Ord. 254-03-21, 03/16/2021).
TITLE 5 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 104
5-1-4: PROSECUTIONS AGAINST CORPORATIONS. The City may prosecute any
corporation for violation of this Criminal Code. In any such prosecution, it shall be sufficient to
make the corporation in its corporate name a defendant and service may be procured against the
corporation in the same manner as permitted under the Criminal Code of the State of Idaho. Any
judgment imposed by the Court against a corporation shall have the force and effect of a judgment
in a civil action, and execution against a corporation may issue in the same manner as in civil
actions. Any summons served upon a defendant corporation shall contain a statement that the
corporation shall appear forthwith and defend said action, and in the event of its failure to do so, a
plea of not guilty will be entered by the court and the trial will proceed as if the corporation had
appeared. A copy of the Complaint shall be attached to and served with the Summons.
5-1-5: UNION OF ACT AND INTENT. In every crime there must exist a union, or joint
operation, of act and intent, or criminal negligence.
5-1-6: MANIFESTATION OF INTENT. The intent to commit a crime is manifested
by the circumstances connected with the crime and the sound mind and discretion of the accused.
5-1-7: TERRITORIAL JURISDICTION. Any person who commits a crime within the
City is punishable as set forth in this Criminal Code. A crime is committed for the purposes thereof
when all elements of the crime have occurred; however, a person is punishable under this Code
whenever any element of the crime is committed within the City.
5-1-8: PROCEDURES UNDER IDAHO STATE CODE. All provisions of this Code
shall be enforced, interpreted and administered in accordance with the Penal Code of the State of
Idaho, as set forth in Title 18 Idaho Code. Without limiting the foregoing, all arrests, prosecution
and enforcement of this Code shall be in accordance with Chapters 1 through 7, and 16, 17 and 20,
Title 18, Idaho Code.
TITLE 5 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 105
CHAPTER 2 General Police Regulations
(RESERVED)
TITLE 5 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 106
CHAPTER 3 Animals
SECTION:
5-3-1: Cruel Treatment
5-3-2: Animal Fights
5-3-3: Training Animals for Fighting
5-3-4: Cruel Impoundment of Animals
5-3-5: Failure to Provide Adequate Care
5-3-6: Beating
5-3-7: Definitions
5-3-8: Keeping of Swine and Certain Fowl Prohibited
5-3-9: Keeping of Feral Animals
5-3-10: [Repealed]
5-3-11: Animals Running at Large
5-3-12: Impoundment of Animals
5-3-1: CRUEL TREATMENT. Any person who carries or causes to be carried in or
upon any vehicle any domestic animal in a cruel or inhuman manner or knowingly and willfully
authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind is
guilty of a misdemeanor.
5-3-2: ANIMAL FIGHTS. Any person who causes any bull, bear, cock, dog or other
animal to fight for amusement, or for gain, or to worry or injure each other; and any person who
permits the same to be done on any premises under his charge or control; and any person who aids,
abets or is present at such fighting or worrying of such animals, as a spectator, is guilty of a
misdemeanor.
5-3-3: TRAINING ANIMALS FOR FIGHTING. Any person who owns, possesses,
keeps or trains any bird or animal, with the intent that such bird or animal engage in an exhibition
of fighting, or any person who is present at any place, building or tenement, where preparations
TITLE 5 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 107
are being made for an exhibition of fighting of birds or animals, with the intent to be present at
such exhibition, is guilty of a misdemeanor.
5-3-4: CRUEL IMPOUNDMENT OF ANIMALS. Any person who confines, or causes
to be confined, any domestic animal, without supplying the animal with a sufficient quantity of
good and wholesome food and water, is guilty of a misdemeanor. If any domestic animal is so
confined for more than twelve (12) hours, any person may enter upon any place where such animal
is confined, and supply it with necessary food and water. Such person is not liable for trespass as
a result of such action for such entry, and the reasonable cost of such food and water may be
collected by him from the owner of such animal.
5-3-5: FAILURE TO PROVIDE ADEQUATE CARE. Every owner or person having
the custody or control of any domestic animal who shall fail to provide proper care and attention
to such animal shall be guilty of a misdemeanor. Nothing herein shall prevent the humane disposal
of any sick, disabled, infirm, crippled or abandoned animal.
5-3-6: BEATING. Every person who cruelly whips, beats, starves or otherwise ill treats
any animal in his care or charge, whether belonging to him or any other person, is guilty of a
misdemeanor.
5-3-7: DEFINITIONS. Certain terms used in this chapter shall have the meaning
ascribed below:
ANIMAL CONTROL
SERVICES MANAGER:
As defined in Section 5-4-1 of this City
Code.
ANIMAL CONTROL
SHELTER:
As defined in Section 5-4-1 of this City
Code.
IDENTIFIED: The placement of the current name, street
address, and telephone number of the
owner on the animal by either (i) a collar
and tag or (ii) a microchip.
NOTIFIED: Notification of the owner of an animal by
either (i) actual notice, whether oral,
electronic, written, or otherwise (effective
as of the date actual notice is provided); or
(ii) written notice, sent by first class mail,
postage prepaid (effective two days after
being sent through the mail).
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OWNER: Any person owning, keeping or harboring
an animal.
RUNNING AT LARGE: Any condition where an animal is not
under the physical control of a person,
either by leash, cord or chain or confined
within a structure or fenced yard.
UNIDENTIFIED ANIMAL: Any animal that is not identified.
(Ord. 237-12-19, 12/17/2019).
5-3-8: KEEPING OF SWINE AND CERTAIN FOWL PROHIBITED. Except as set
forth below, any person who keeps or maintains any swine, turkey, goose, duck, peacock, guinea
hen or other exotic bird within the City is guilty of a misdemeanor. Nothing herein shall prohibit
the temporary keeping or maintenance of such animals within any public zoo, circus, exhibition,
pet show, pet store, veterinarian clinic or auctioneering business. For the purposes hereof,
“temporary” shall mean a period of less than one (1) week.
5-3-9: KEEPING OF FERAL ANIMALS. Any person who keeps or maintains any
feral animal weighing in excess of 25 pounds or any poisonous, dangerous or fetid animal within
the City is guilty of a misdemeanor. Nothing herein shall prevent the temporary keeping or
maintenance of such animals within any public zoo, circus, exhibition, pet show, pet store,
veterinarian clinic or auctioneering business. For the purposes hereof, “temporary” shall mean a
period of less than one (1) week.
5-3-10: [REPEALED]. (Ord. 185-07-14; 10/21/2014).
5-3-11: ANIMALS RUNNING AT LARGE. Except as expressly permitted by section 5-
4-10(B) of this Code, any owner or custodian of any animal, other than a domestic cat, who permits
or allows such animal to run at large within the City is guilty of a misdemeanor. For the purposes
hereof, the term "running at large" means off the premises of the owner or custodian of the animal
and not under his or her immediate control.
(Ord. 196-08-15, 7/21/2015).
5-3-12: IMPOUNDMENT OF ANIMALS. All animals found running at large are
declared to be public nuisances and may be immediately impounded in the Animal Control Shelter
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without notice to the owner. The impoundment, redemption, sale or other disposal of impounded
animals shall be as follows:
(A) Unidentified Animals. All unidentified animals impounded within the Animal Control
Shelter shall be retained for a minimum of three (3) business days after its delivery to the
Animal Control Shelter. At any time during this period, the owner of such animal may
redeem it by paying the impound fee set forth in this Section.
(B) Identified Animals. All impounded animals which are identified with a tag or microchip
or whose owner is known by the Animal Control Services Manager shall be retained in the
Animal Control Shelter for a minimum period of five (5) business days after the owner is
notified of the impoundment, which shall occur as soon as reasonably possible following
impoundment of such animal. The Animal Control Services Manager shall keep a record
of the date, time, and manner each owner is notified, with respect to each impounded
animal. At any time during such five (5) business day period the owner may redeem the
animal by paying the impound fee set forth in this Section.
(C) Unneutered Cats. An unneutered cat that has been impounded at the Animal Control
Shelter on two (2) previous occasions during the previous one (1) year period shall be
required to be spayed or neutered prior to the owner redeeming the animal. The owner of
such cat shall be required to pay the Animal Control Shelter its reasonable charge for the
spay or neuter, in addition to the impound fee.
(D) Unclaimed Animals. The ownership of any animal not redeemed within the periods of
time herein stated shall be abandoned and forfeited and the animal may be sold thereafter
by the Animal Control Services Manager to any person or may be humanely destroyed.
(E) Identification. No unidentified cat shall be released from the Animal Control Shelter
unless such cat has been identified. The owner of such cat shall be required to pay the
Animal Control Shelter its reasonable charge for the identification goods and services, in
addition to the impound fee.
(F) Disposal of Animals. If any animal is not redeemed or sold, the animal may be humanely
destroyed, and the carcass disposed of in any lawful manner.
(G) Impound Fee. No animal impounded at the Animal Control Shelter shall be released to
the owner unless the owner pays an impound fee in the amount determined by the
resolution of the Council.
(Ord. 237-12-19, 12/17/2019).
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CHAPTER 4 (Revision: February 29, 2024) Page 110
CHAPTER 4 Dog Control
SECTION:
5-4-1: Definitions
5-4-2: [Repealed]
5-4-3: [Repealed]
5-4-4: Unidentified Dogs Running at Large
5-4-5: [Repealed]
5-4-6: Impounding of Dogs
5-4-7: Commercial and Noncommercial Kennel License
5-4-8: Rabies
5-4-9: Unlawful Disposal of Rabid Dog
5-4-10: Control of Dogs
5-4-11: Unlawful Interference with Disposal of Dogs
5-4-12: Cruelty Prohibited
5-4-13: Impounding and Disposal of Vicious Dogs
5-4-14: Disposal of Vicious Dogs
5-4-15: Police Officers
5-4-16: Penalty
5-4-1: DEFINITIONS.
(A) The following definitions shall apply to terms used in this Chapter (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) ANIMAL CONTROL
SERVICES MANAGER:
Any person operating an Animal Control
Shelter on behalf of the City, or his or her
authorized agent.
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CHAPTER 4 (Revision: February 29, 2024) Page 111
(2) ANIMAL CONTROL
SHELTER:
Any animal shelter, lot, premises or
building maintained or hired by the City to
confine or care for animals.
(3) DOG: A dog of an age three months or older.
(4) DOG EVENT: An event, either sponsored by the City or
by private persons, that takes place on City
or other public property for the purpose of
showing, exhibiting, training, or otherwise
featuring dogs; where the dogs
participating therein are controlled by
competent attendants; and which is
approved and authorized by the Mayor in
writing.
(5) DOG KENNEL: Any place where more than two (2) dogs
are kept.
(6) IDENTIFIED: The placement of the current name, street
address, and telephone number of the
owner on the dog by either (i) a collar and
tag or (ii) a microchip.
(7) NOTIFIED: Notification of the owner of a dog by either
(i) actual notice, whether oral, electronic,
written, or otherwise (effective as of the
date actual notice is provided); or (ii)
written notice, sent by first class mail,
postage prepaid (effective two days after
being sent through the mail).
(8) OWNER: Any person owning, keeping or harboring
a dog.
(9) RUNNING AT LARGE: Any condition where a dog is not under the
physical control of a person, either by
leash, cord or chain or confined within a
structure or fenced yard.
(10) SERVICE ANIMAL: Any guide dog, signal dog, or other animal
individually trained to work or perform
tasks for an individual with a disability,
including, but not limited to, guiding
individuals with impaired vision, alerting
individuals with impaired hearing to
intruders or sounds, providing minimal
protection or rescue work, pulling a
TITLE 5 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 112
wheelchair, or fetching dropped items (see
49 C.F.R. § 37.3). In accordance with
federal and state law, the term does not
include emotional support, therapy,
comfort, or companion animals.
(11) UNIDENTIFIED DOG: Any dog that is not identified.
(12) VICIOUS DOG: Any dog that has a known propensity to
attack or bite human beings or other
animals. Any dog that has bitten two (2) or
more persons or one person on two (2) or
more separate occasions, in a manner
causing harm or injury to the person or
persons, shall be conclusively presumed to
be vicious.
(Ord. 211-03-17, 4/18/2017); (Ord. 237-12-19, 12/17/2019); (Ord. 277-05-22, 5/24/2022).
5-4-2: [Repealed]. (Ord. 211-03-17, 4/18/2017).
5-4-3: [Repealed]. (Ord. 149-02-10, 4/27/2010); (Ord. 211-03-17, 4/18/2017).
5-4-4: UNIDENTIFIED DOGS RUNNING AT LARGE. Any person who owns or has
in his care or custody an unidentified dog found to be running at large within the City is guilty of
an infraction. Such infraction shall be in addition to any violation under section 5-4-10(B) of this
Chapter.
(Ord. 149-02-10, 4/27/2010); (Ord. 211-03-17, 4/18/2017).
5-4-5: [Repealed]. (Ord. 149-02-10, 4/27/2010); (Ord. 211-03-17, 4/18/2017).
5-4-6: IMPOUNDING OF DOGS. All dogs found running at large are declared to be
public nuisances and may be immediately impounded in the Animal Control Shelter without notice
to the owner. The impoundment, redemption, sale or other disposal of impounded dogs shall be
as follows:
(A) Unidentified Dogs. All unidentified dogs impounded within the Animal Control Shelter
shall be retained for a minimum of three (3) business days after its delivery to the Animal
TITLE 5 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 113
Control Shelter. At any time during this period, the owner of such dog may redeem it by
paying the impound fee set forth in this Section.
(B) Identified Dogs. All impounded dogs which are identified with a tag or microchip or
whose owner is known by the Animal Control Services Manager shall be retained in the
Animal Control Shelter for a minimum period of five (5) business days after the owner is
notified of the impoundment, which shall occur as soon as reasonably possible following
impoundment of such dog. The Animal Control Services Manager shall keep a record of
the date, time, and manner each owner is notified, with respect to each impounded dog. At
any time during such five (5) business day period the owner may redeem the dog by paying
the impound fee set forth in this Section.
(C) Unneutered Dogs. An unneutered dog that has been impounded at the Animal Control
Shelter on two (2) previous occasions during the previous one (1) year period shall be
required to be spayed or neutered prior to the owner redeeming the animal. The owner of
such dog shall be required to pay the Animal Control Shelter its reasonable charge for the
spay or neuter, in addition to the impound fee.
(D) Unclaimed Dogs. The ownership of any dog not redeemed within the periods of time
herein stated shall be abandoned and forfeited and the dog may be sold thereafter by the
Animal Control Services Manager to any person or may be humanely destroyed.
(E) Identification. No unidentified dog shall be released from the Animal Control Shelter
unless either (i) a collar and name tag has been affixed to the dog, which name tag shall
bear the current name, street address, and telephone number of the owner of the animal or
(ii) a microchip has been implanted in the dog, on which is encoded the current name, street
address, and telephone number of the owner of the animal. The owner of such dog shall
be required to pay the Animal Control Shelter its reasonable charge for the identification
goods and services, in addition to the impound fee.
(F) Disposal of Dogs. If any dog is not redeemed or sold, the dog may be humanely destroyed,
and the carcass disposed of in any lawful manner.
(G) Impound Fee. No animal impounded at the Animal Control Shelter shall be released to
the owner unless the owner pays an impound fee in the amount determined by the
resolution of the Council.
(Ord. 149-02-10, 4/27/2010); (Ord. 211-03-17, 4/18/2017); (Ord. 237-12-19, 12/17/2019).
5-4-7: COMMERCIAL AND NONCOMMERCIAL KENNEL LICENSE. It shall be
unlawful to operate a dog kennel or to keep upon the premises of any one household or upon the
premises of any one business property, more than two (2) dogs unless the owner or person in
charge thereof has a commercial or noncommercial kennel license.
(A) Application for a noncommercial kennel license shall be made to the Clerk. The applicant
shall also pay a license fee of twenty five dollars ($25). The application shall state the
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CHAPTER 4 (Revision: February 29, 2024) Page 114
name and address of the owner, the location of the non-commercial kennel, the number of
dogs presently kept and the breed(s) of the dogs. All dogs kept in a noncommercial kennel
shall be owned by members of the immediate household and separate tags shall be issued
for each dog. In no event may any holder of a non-commercial kennel license keep more
than four (4) dogs upon the licensed premises. Noncommercial kennel licenses shall not be
transferable to any other owner. Such license may be revoked by the City Council upon a
finding that the owner has violated any of the provisions of this Chapter or upon a finding
that twenty-five percent (25%) or more of the owners or persons in possession of premises
located within three hundred (300) feet of the exterior boundaries of the licensed premises
have filed a written petition with the City Clerk requesting that such license be revoked. In
the event of such revocation, a new license shall not thereafter be issued unless the owner
can demonstrate that seventy-five percent (75%) of such owners or persons are willing to
consent in writing to the issuance of a new license, provided however that in the event there
are less than four of such owners, the City Council may issue such license upon a finding
that good cause exists for its retention.
(B) Commercial Kennel. A commercial kennel is a kennel where the owner or a keeper of
dogs sells or advertises for sale, boards, breeds, trains, treats or handles dogs for a
consideration, provided however any clinic or place owned or operated by a veterinarian
licensed under state law shall not be considered a kennel. Application for a commercial
kennel license shall be made to the Clerk. The application must state the zone in which the
kennel will be maintained and must be accompanied by the written consent to such
commercial kennel by all property owners located within three hundred feet (300') of the
exterior boundaries of the property upon which the kennel will be operated and must be
accompanied by a license fee of fifty dollars ($50), which fee shall be returned to the
applicant if license is not issued. Licenses shall not be transferrable to any person or
location not stated in the application. All licenses shall expire on December 31 of the year
in which issued. A commercial kennel license shall not be issued for any premises where
such use is not permitted under the Zoning Ordinance.
(Ord. 149-02-10, 4/27/2010).
5-4-8: RABIES. If a dog has bitten, scratched or otherwise attacked a person, the owner
of such dog or any person having knowledge of such incident shall immediately notify the Police
Division and the State of Idaho Department of Health and Welfare. The Poundmaster may
impound any dog which has bitten any person or to deliver the animal to a practicing veterinarian
for quarantine, or require the owner to keep the dog in an approved enclosure not accessible to the
public. Such dog shall be kept for a minimum period of ten (10) calendar days, and if the dog is
determined to be free of rabies, the dog shall be returned to the owner. The owner of a dog so
impounded in the Animal Control Shelter shall pay the regular boarding fees and if such fee is not
paid, the dog may be disposed of as herein provided. If the dog is determined to be rabid, it shall
be humanely destroyed and the owner shall be responsible to pay the boarding fees set forth in this
chapter.
TITLE 5 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 115
(Ord. 211-03-17, 4/18/2017).
5-4-9: UNLAWFUL DISPOSAL OF RABID DOG. Any person who kills or causes to
be killed any rabid dog, or dog suspected of having rabies, or any dog who has bitten or attacked
a person, without having given the notice required by the preceding section, or having given such
notice kills such dog before the expiration of the ten (10) days guarantee period, is guilty of a
misdemeanor.
5-4-10: CONTROL OF DOGS.
(A) Any person who harbors or keeps on his premises, or in his control any dog which by loud
and prolonged barking, disturbs the peace and quiet of the neighborhood, or the occupants
of adjacent premises, is guilty of an infraction. For the purposes hereof the term “loud and
prolonged barking” shall mean (1) any incessant barking, howling, whining or other
disturbing noise for a period of 30 consecutive minutes or more within any calendar day,
or (2) intermittent barking for a period of 60 consecutive minutes or more during any
calendar day. Nothing herein shall allow the issuance of a citation to any dog owner whose
dog is provoked by a trespasser, intruder or by any other person who unreasonably and
without cause provokes or teases such dog.
(B) Any owner or keeper of a dog who allows the dog to run at large on or in any public street,
alley, sidewalk, park or place, or upon private property without the permission of the owner
or occupant thereof, is guilty of an infraction. Notwithstanding the foregoing, the Mayor
may, upon application of any person, authorize a Dog Event and the Council may designate
public areas within the City which may be used, subject to such rules and regulations as
may be prescribed, for the training or exercise of dogs. Dogs within such areas need not
be controlled by leash, but shall be under the control of a responsible person and controlled
by whistle, voice or other effective command. Such areas shall be specifically designated
by resolution of the Council and a sign giving notice of such prohibition and designated
area shall be posted at each vehicular entrance to such public area. Notwithstanding the
foregoing, any person who allows a dog under leash to be in any public park or recreation
area designated by the Council as a public area in which dogs are not allowed, is guilty of
an infraction, unless the dog is a Service Animal or is a participant in a Dog Event.
(C) Any owner or keeper of any female dog in heat who allows such dog to run at large or who
fails to confine or enclose the dog in such a manner as to preclude other dogs from attacking
the female dog or from being attracted to such female dog, is guilty of an infraction.
(D) No person owning, keeping or having in his or her immediate care or custody any dog shall
knowingly fail or neglect to clean up any feces of the dog immediately and dispose of it in
a sanitary manner whenever the dog has defecated upon public or private property owned
or within the control of another and without the consent of such public or private owner or
person. The provisions of this section shall not apply to a blind person being accompanied
TITLE 5 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 116
by a Service Animal, nor shall they be construed to require or countenance any act of
trespass upon private property. Whenever the feces to be cleaned up cannot be reached
without an unlawful trespass upon the private property on which the feces is located, the
person having the duty pursuant to this section to clean it up shall first obtain permission
to do so from the owner or person in lawful possession or charge of the property. If a
property owner does not consent to the owner of the dog cleaning up the feces, then this
section will not apply to the dog owner. Any person who violates the provisions of this
subsection shall be punishable by an infraction.
(E) Any person who brings any dog to an event sponsored by the City, regardless of where
such event takes place, shall be guilty of an infraction. The foregoing shall not apply to
(1) a Service Animal that can attend such event without fundamentally altering the nature
of the event, complies with the other general requirements of this chapter, and is kept under
its handler’s control at all times; or (2) to any dog participating in a Dog Event.
(Ord. 149-02-10, 4/27/2010); (Ord. 277-05-22, 5/24/2022).
5-4-11: UNLAWFUL INTERFERENCE WITH DISPOSAL OF DOGS. Any person
who hinders, or interferes with any animal control officer who is seizing any dog, killing the same
or removing the carcass under this Chapter, or any owner of a dog who refuses to pay the
impounding or boarding fees set forth herein is guilty of a misdemeanor.
5-4-12: CRUELTY PROHIBITED. Any person who maltreats, tortures or who fails to
feed or humanely keep or care for any dog, or who having the right or authority to kill a dog, kills
such dog in an inhumane manner, is guilty of a misdemeanor.
5-4-13: IMPOUNDING AND DISPOSAL OF VICIOUS DOGS. Any person who keeps
or has possession of a vicious dog within the City limits is guilty of a misdemeanor.
5-4-14: DISPOSAL OF VICIOUS DOGS. Dogs determined to be vicious under this
Chapter shall be impounded and disposed of as follows:
(A) Impounding of Vicious Dogs. City police officers and animal control officers shall take
up and impound any vicious dog found within the City limits.
(B) Disposal of Unidentified Vicious Dogs. All unidentified vicious dogs shall be retained in
the pound for a minimum of three (3) full business days after its impoundment. If the
owner of such dog does not appear at the pound within this time period, the dog shall be
humanely destroyed and the carcass disposed of in any lawful manner. If the owner of the
impounded vicious dog appears at the pound at any time during such time period, the
Animal Control Services Manager shall deliver a written notice to the owner of the dog
TITLE 5 IONA CITY CODE
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stating that the dog has been impounded as a vicious dog and that the dog will be destroyed
within ten (10) business days after the date of such notice unless an order to show cause is
issued by a court of competent jurisdiction and served upon the City, requiring the City to
show cause why the dog should be destroyed. Such notice shall be deemed to be given as
of the date of its delivery to the owner of the dog. If such order is not served upon the City
within ten (10) business days of the date of the notice, the dog shall be destroyed and
disposed of as provided herein. If the order to show cause is issued and served upon the
City Clerk within ten (10) business days of delivery of the notice to the owner the dog shall
be retained in the pound until further order of the court.
(C) Disposal of Identified Vicious Dogs. If a vicious dog is clearly identified with a dog tag
or microchip, the Animal Control Services Manager shall notify the owner of the
impoundment, within two (2) business days of the impoundment. Such notice shall be sent
by certified mail addressed to the owner at the address shown on the tag or microchip or at
the owner’s last known address. Such notice shall be deemed to be complete upon its
deposit in the United States mail, postage prepaid, certified mail, return receipt requested,
addressed to the owner at such address. This notice shall state that the dog has been
impounded as a vicious dog and that the dog will be destroyed within ten (10) business
days after the date of such notice unless an order to show cause is issued by a court of
competent jurisdiction and served upon the City, requiring the City to show cause why the
dog should be destroyed. If such order is not served upon the City within ten (10) business
days of mailing of the notice, the dog shall be humanely destroyed and the carcass disposed
of in any lawful manner. If the order to show cause is issued and served within such time
period, the dog shall be retained in the pound until further order of the court.
(D) Impound Fees. If the Court orders the release of any dog impounded under this Section,
the owner of the dog shall pay an impound fee in the amount of thirty dollars ($30) and a
daily boarding fee as established by the Animal Control Shelter.
(Ord. 149-02-10, 4/27/2010); (Ord. 211-03-17, 4/18/2017).
5-4-15: POLICE OFFICERS. Any duly sworn peace officer as defined by State law, may
and hereby is authorized to enforce the provisions of this Chapter.
(Ord. 149-02-10, 4/27/2010).
5-4-16: PENALTY.
(A) Except as provided otherwise in this Chapter, any person who violates the provisions of
this Chapter is guilty of an infraction and is punishable, by a fine no greater than three
hundred dollars ($300). Except as provided in subsection (B) of this section, if any person
violates the provisions of this Chapter within six (6) months of the date such person
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CHAPTER 4 (Revision: February 29, 2024) Page 118
committed a previous violation of this Chapter, then such violation shall be considered a
misdemeanor and shall be punishable by a fine of not less than five hundred dollars ($500).
(B) Any person who violates the provisions of section 5-4-10(A) or (B) shall be guilty of an
infraction and shall be punishable by a penalty in the amount of fifty dollars ($50) for the
first infraction, one hundred fifty dollars ($150) for any infraction committed within six (6)
months after a previous violation of such subsections or three hundred dollars ($300) if
such offense was committed within six (6) months of two previous violations of such
subsections. If three or more violations were committed within six (6) months immediately
preceding a violation of such subsections, then each violation committed after the third
violation shall be considered as a misdemeanor and shall be punishable in accordance with
subsection (A) of this section.
(C) If any fine as set forth above is increased as a result of multiple violations within the
preceding six (6) months, then such increase shall be applied regardless of whether or not
such violations were committed with the same or different animals.
(Ord, 149-02-10, 4/27/2010); (Ord. 172-03-13, 6/27/2013); (Ord. 204-04-16, 04/19/2016).
TITLE 5 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 119
CHAPTER 5 Public Streets
SECTION:
5-5-1: Placing Debris on Streets
5-5-2: Obstruction of Highways
5-5-3: Flooding Public Streets
5-5-4: Injurious Materials on Streets
5-5-5: Damage to Public Streets
5-5-6: Games in Streets
5-5-7: Placing of Fill Prohibited
5-5-1: PLACING DEBRIS ON STREETS.
(A) Any person who willfully or negligently throws from any vehicle, or who places, deposits
or permits to be deposited upon or alongside any highway, street, alley or easement used
by the public for public travel, any debris, paper, litter, glass bottle, glass, nails, tacks,
hoops, cans, barbed wire, boards, trash or garbage, lighted material, or other waste
substance is guilty of an offense, punishable as described in subsection (B) of this Section.
For the purpose of this section, the terms “highway,” “street,” “alley” or “easement” shall
be construed to include the entire right of way of such highway, street, alley or easement.
(B) Any violation of Section 5-5-1(A) is punishable as follows:
(1) An infraction with a penalty in the amount of thirty-five dollars ($35) for the first
violation.
(2) An infraction with a penalty in the amount of one hundred dollars ($100) for a
second violation if such violation by such person occurred within six (6) months
after entry of judgment for one previous violation.
(3) An infraction with a penalty in the amount of two hundred dollars ($200) for a third
violation if judgments for two violations were entered against such person within
the six (6) month period immediately preceding the date of such violation.
(4) An infraction with a penalty in the amount of three hundred dollars ($300) for a
fourth violation if judgments for three violations were entered against such person
within the six (6) month period immediately preceding the date of such violation.
TITLE 5 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 120
(5) A misdemeanor, punishable by a fine no greater than five hundred dollars ($500)
and no incarceration for a subsequent violation if (a) judgments for four violations
were entered against such person within the six (6) month period immediately
preceding the date of such violation or (b) judgment for a misdemeanor pursuant to
this subsection (B)(5) was entered against such person within the six (6) month
period immediately preceding the date of such violation.
(Ord. 219-05-18, 5/17/2018).
5-5-2: OBSTRUCTION OF HIGHWAYS. Any person who obstructs, injures or
damages any public road, street, alley, highway or sidewalk is guilty of a misdemeanor.
5-5-3: FLOODING PUBLIC STREETS. Any person who runs water across any public
highway, road or street, without first constructing a good and sufficient ditch or ditches to convey
the same, or who fails to bridge such ditch or ditches, or to keep such bridge or ditches in good
repair, or who places any obstruction in a culvert or ditch, and all persons, companies or
corporations who suffer any water used by them for the purpose of irrigation, or any other
purposes, to flow into or upon any public highway, road, alley or street, in any other manner than
that authorized by law, are guilty of a misdemeanor and upon conviction thereof, shall be fined
not more than fifty dollars ($50), and for a second offense within any two (2) consecutive years,
double said fine and cost.
5-5-4: INJURIOUS MATERIALS ON STREETS. Any person who deposits, places or
causes any hazardous or explosive substance or material of any kind which creates a risk of harm
or injury to person or property upon any public street, alley, sidewalk or thoroughfare is guilty of
a misdemeanor.
5-5-5: DAMAGE TO PUBLIC STREETS. Any person who drives or operates a vehicle
with lug wheels or metal tracks upon a public street, or who drives or operates any vehicle in a
manner that damages or destroys any surface of any public street or sidewalk, or who drives or
operates a vehicle upon a public street in excess of the gross vehicle weights permitted under the
laws of the State of Idaho, is guilty of a misdemeanor.
(Ord. 259-04-21, 4/20/2021).
5-5-6: GAMES IN STREETS. Any person who plays ball or any game in a public street,
or who encourages, permits or allows any minor to engage in such activities, is guilty of a
misdemeanor.
TITLE 5 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 121
5-5-7: PLACING OF FILL PROHIBITED.
(A) It is an infraction to place any top soil, dirt, pavement, rock, gravel, or other fill material in
any drainage swale (other than a designated private driveway in compliance with this Code
and with all applicable specifications) to fill in the deepest part of such drainage swale
(which should be 8 feet from the edge of the road’s pavement) to any less than 18 inches
below the maximum height of the paved road, as shown on the City’s standard specification
SD-100 (which may be consulted for additional detail), below:
(B) Notwithstanding the foregoing, a landowner may alter a drainage swale upon or adjacent
to such landowner’s property in a manner provided in the City’s standard specifications or
as otherwise allowed by the City in advance of construction pursuant to the City’s written
approval.
(C) Further, nothing herein shall prevent or prohibit the placement of appropriate material for
the purpose of constructing a private driveway within such area, provided that such
driveway and its construction complies with this Code and with all applicable
specifications, including the City’s standard specifications (part of SD-100 of which is
depicted above) and any other specifications adopted by the City that are available in the
City office.
(Ord. 271-09-21, 9/28/2021); (Ord. 288-07-23, 7/18/2023).
TITLE 5 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 122
CHAPTER 6 Irrigation Works
SECTION:
5-6-1: Interference with Ditches
5-6-2: Obstruction of Overflow, Gauge or Waterway in Dam
5-6-3: Wrongful Diversion of Water
5-6-4: Interference with Headgate—Cutting Banks of Stream
5-6-5: Injuries to Ditches and Appurtenances
5-6-6: Injury to Measuring Devices
5-6-7: Enclosed Headgate
5-6-8: Minimum Size of Culverts
5-6-1: INTERFERENCE WITH DITCHES. Every person who shall, without authority
of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, flume
or reservoir, used for the purpose of holding or conveying water for manufacturing, agricultural,
or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb, any gate
or other appurtenance thereof used for the control or measurement of water, or who shall empty or
place or cause to be emptied or placed, into any such canal, ditch, flume, or reservoir, any rubbish,
filth, or obstruction to the free flow of water, is guilty of a misdemeanor.
5-6-2: OBSTRUCTION OF OVERFLOW, GAUGE OR WATERWAY IN DAM.
Any person or persons who obstructs any overflow, gauge or waterway, placed in any dam by
order of any water master, so as to impede the flow of water over such dam as regulated by the
water master, is guilty of a misdemeanor.
5-6-3: WRONGFUL DIVERSION OF WATER. Any person who without the consent
of the water master of the district, diverts any water from a ditch or channel where it has been
placed, or caused or left to run by the water master or his deputies, or who shuts or opens any ditch,
gate or dam, or in any way impedes or increases the flow of water in any stream or ditch diverting
water from a stream, while the same is under the charge of a water master, or who cuts away any
embankment of a stream, whereby the water of such stream is diverted, or who breaks, injures, or
removes any gate, flume or other device used for the equitable distribution of the water of such
stream by the water master, is guilty of a misdemeanor.
TITLE 5 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 123
5-6-4: INTERFERENCE WITH HEADGATE—CUTTING BANKS OF STREAM.
Any person who willfully and maliciously places any obstruction on any overflow gauge in any
stream of water which is used for irrigation and is under control of a water master, and such
obstruction retards or impedes the free overflow of the water of such stream, thereby increasing
the pressure against a headgate through which water is diverted by means of such dam, or who
removes, breaks, injures or interferes with any headgate regulated by a water master so as to disturb
the distribution of the water therein, or who cuts away any bank of the natural stream, the water of
which is being used for irrigation and is being distributed by a water master, so as to decrease the
flow of water from such stream, thereby interfering with the distribution of the water thereof is
guilty of a misdemeanor.
5-6-5: INJURIES TO DITCHES AND APPURTENANCES. Any person who cuts,
breaks, damages, or in any way interferes with any ditch, canal, headgate, or any other works in or
appurtenant thereto, the property of another person, corporation, or association of persons, and
whereby water is conducted to any place for beneficial use or purposes, and when said canal,
headgate, ditch, dam, or appurtenance is being used or is to be used for said conduct of water, is
guilty of a misdemeanor.
5-6-6: INJURY TO MEASURING DEVICES. Any person who cuts, breaks, injures,
destroys, enlarges, changes, or alters any headgate, sluiceway, weir, water box, or other measuring
device, the property of any irrigation district, corporation or association of persons, or in the
possession of, or in the use of, said irrigation district, corporation, or association, or the property
of another, is guilty of a misdemeanor.
5-6-7: ENCLOSED HEADGATE. Enclosed headgates and boxes for the diversion of
irrigation waters, with openings at the top are recognized and declared to be attractive and
dangerous to small children who are likely to play about the same and on occasion, to fall into the
water therein contained. Any person who uses, maintains or operates an enclosed headgate or
diversion box having an opening of a width of at least twelve inches (12”) and a length of at least
twelve inches (12”) and for which no locked cover is placed thereon, is guilty of a misdemeanor.
5-6-8: MINIMUM SIZE OF CULVERTS. Any person who places a culvert of less than
fifteen inches (15”) in diameter within any public ditch located within the City, is guilty of a
misdemeanor.
TITLE 5 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 124
CHAPTER 7 Public Health and Safety
SECTION:
5-7-1: Abandoned Refrigerators
5-7-2: [Repealed]
5-7-3: False Fire Alarms
5-7-4: Tampering with Fire Alarm
5-7-5: Fire Hydrants
5-7-6: Damaging Fire Hydrants
5-7-7: Unlawful Use of Fire Hydrants
5-7-8: Accumulation of Refuse
5-7-9: Deposit of Refuse on Public Property
5-7-1: ABANDONED REFRIGERATORS. Any person who abandons or permits to
remain in an abandoned state on any premises owned or over which he or she has control, any ice
box, refrigerator, deep freeze or any appliance or air tight container which fastens automatically
and which cannot be opened from the inside, without having first removed the lock or hinges from
the door thereof, is guilty of a misdemeanor.
5-7-2: [REPEALED].
5-7-3: FALSE FIRE ALARMS. Any person who knowingly and willfully gives a false
fire alarm in any manner whether by telephone, use of a mechanical or electronic fire alarm, or
otherwise, shall be guilty of a misdemeanor.
5-7-4: TAMPERING WITH FIRE ALARM. Any person who willfully damages,
tampers with or otherwise alters any fire alarm for the purpose of preventing the normal operation
thereof, shall be guilty of a misdemeanor.
TITLE 5 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 125
5-7-5: FIRE HYDRANTS. No person shall obstruct the approach to a fire hydrant, or
place or allow to be placed, any obstructions within a distance of 6 feet from a fire hydrant.
(Ord. 258-04-21, 4/20/2021).
5-7-6: DAMAGING FIRE HYDRANTS. No person shall willfully or carelessly drive
or run any vehicle against any fire hydrant or park any vehicle within fifteen feet (15’) of any fire
hydrant. Any person who shall injure or damage any fire hydrant by accident, or by carelessness
or otherwise, shall immediately report such injury or damage to the Water Department and such
person so injuring or damaging said hydrant shall be liable for any damage caused thereby.
5-7-7: UNLAWFUL USE OF FIRE HYDRANTS. No person shall draw or attempt to
draw water from any fire hydrant unless he is an employee of the Police Division, Fire and Public
Safety Division, Public Works Division or has received written permission from one of the
directors of such divisions.
5-7-8: ACCUMULATION OF REFUSE. It shall be unlawful for any occupant to
accumulate or allow the accumulation of refuse upon property under his control in a manner which
is markedly offensive or unsightly, attracts insects or rodents, is unsanitary, unsafe or unhealthy
or which otherwise causes a public nuisance.
5-7-9: DEPOSIT OF REFUSE ON PUBLIC PROPERTY. It shall be unlawful to
deposit or bury refuse in or upon any public alley, street, park or other public property, or upon
the premises of another without the consent of the occupant of such other property.
TITLE 5 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 126
CHAPTER 8 Nuisances, Public Smoking and Public Intoxication
SECTION:
5-8-1: Public Nuisance Defined
5-8-2: Public Nuisance—Unequal Damage
5-8-3: Punishment for Public Nuisance
5-8-4: Smoking During Public Meetings
5-8-5: Signs to be Displayed
5-8-6: Penalty for Prohibited Smoking
5-8-7: Public Intoxication
5-8-1: PUBLIC NUISANCE DEFINED. Anything which is injurious to health, or is
indecent, or offensive to the senses, or obstructs the free use of property, interferes with the
comfortable enjoyment of life or property by an entire community or neighborhood, or by any
substantial number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, river, stream, canal or basin, or any public park, square, street, or
highway, is a public nuisance.
5-8-2: PUBLIC NUISANCE—UNEQUAL DAMAGE. An act which affects an entire
community or neighborhood, or any substantial number of persons, as specified in the preceding
section, is not less a nuisance because the extent of the annoyance or damage inflicted upon
individuals is unequal.
5-8-3: PUNISHMENT FOR PUBLIC NUISANCE. Every person who maintains or
commits any public nuisance, or who willfully omits to perform any legal duty relating to the
removal of a public nuisance, is guilty of a misdemeanor.
5-8-4: SMOKING DURING PUBLIC MEETINGS. For the purpose of this act, any
meeting or hearing of any board, commission, council, department or agency of state, county, city
or local governmental agency, held within a building owned, rented, or being used by a
governmental agency, to which the public is invited, solicited, or legally entitled to attend is
defined as a public meeting. Cigarette, cigar, and pipe smoking are prohibited whenever public
TITLE 5 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 127
meetings are in progress in any room in which signs are displayed in accordance with the following
section.
5-8-5: SIGNS TO BE DISPLAYED. Readily visible no smoking signs shall be
displayed in the room where any public meeting is held, but smoking shall be permitted outside
the meeting room.
5-8-6: PENALTY FOR PROHIBITED SMOKING. Any person who violates any
provision of this chapter is punishable by a fine of not less than five dollars ($5) nor more than ten
dollars ($10).
5-8-7: PUBLIC INTOXICATION. Any person who is intoxicated in or upon any public
street, alley, park, or other public place is guilty of a misdemeanor.
TITLE 5 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 128
CHAPTER 9 Litter and Weed Control
SECTION:
5-9-1: Purpose
5-9-2: Definitions
5-9-3: Litter in Public Places
5-9-4: Deposit of Litter in Receptacles
5-9-5: Deposit of Petroleum Products
5-9-6: Littering from Vehicles
5-9-7: Dropping Material from Aircraft
5-9-8: Improper Hauling of Litter
5-9-9: Posting Notices
5-9-10: Posting Handbills or Signs
5-9-11: Accumulation of Litter upon Private Property
5-9-12: Removal of Weeds
5-9-13: Special Assessments
5-9-1: PURPOSE. The accumulation of waste, refuse, trash, garbage, rubbish, litter and
other deleterious substances upon public and private property and in streets and alleys within the
City detracts from the appearance of the City and reduces property values. The accumulation of
such waste also increases the spread of contagious diseases and infections, and creates a health
and safety hazard to children. It is necessary for the preservation of health, safety, sanitation and
the public welfare that proper and adequate regulations be adopted to require property owners,
tenants and all persons having control of real property and the storage, disposal and accumulation
of waste, to remove and dispose of such waste in the manner specified in this chapter.
5-9-2: DEFINITIONS. For the purposes of this chapter, certain terms shall have the
meanings ascribed below:
AIRCRAFT: Any craft designed for navigation or flight
in air.
TITLE 5 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 129
GARBAGE: Any waste resulting from the preparation,
cooking, consumption or handling of food
or other edible substance, whether for
human or animal consumption, including
without limitation, waste from the
handling, storage and sale of produce.
HANDBILL: Any printed or written matter, sample,
circular, leaflet, pamphlet, booklet, or any
other printed literature of any kind.
JUNK: Any waste consisting of any mechanical
appliance, vehicle, machinery, equipment
or apparatus, or any parts therefrom,
including without limitation, all non-
functional appliances, automobiles,
automobile parts, recreational vehicles,
boats, snowmobiles, motorcycles, farming
and construction equipment.
LITTER: Garbage, junk, refuse and weeds as defined
herein.
OCCUPANT: Any person having control, possession or
charge over real property.
OWNER: Any person having a fee ownership in real
property.
REFUSE: All waste of any kind or nature, including,
but not limited to, handbills, newspapers,
papers, cartons, boxes, barrels, wood,
brush, weeds, branches, yard trimmings,
leaves, furniture, bedding, tin cans, metals,
bottles, ashes, clinkers, automobile bodies
and parts, appliances, broken glass, broken
concrete, rock, crockery, mineral waste,
street sweepings, industrial waste,
sawdust, lumber scraps, shavings, animal
carcasses, wire and plastics.
WASTE: Any material having little or no value
beyond its value for recycling purposes, or
any material for which there is no practical
use other than for recycling, and which if
placed or deposited as prohibited in this
chapter is markedly offensive or unsightly,
TITLE 5 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 130
or which creates an offensive odor or is
unsanitary or unsafe, attracts insects or
rodents or in any way creates a public
nuisance or health or safety hazard.
WEEDS: Any plant, growing or dead, more than ten
inches in height, measured from the
surface of the ground, except plants grown
for ornamental purposes or for production
of food for man or beast. Noxious plants,
regardless of height, shall be considered
weeds.
5-9-3: LITTER IN PUBLIC PLACES. No person shall throw or deposit litter in or upon
any private property, canal right of way, public street, alley, sidewalk, park, right of way or upon
any publicly-owned property within the City, except in receptacles designed therefor.
5-9-4: DEPOSIT OF LITTER IN RECEPTACLES. No person shall deposit litter in
any receptacle in a manner which exceeds the capacity of such receptacle or which will create a
likelihood of its being blown or carried by the elements upon any public place or private property.
5-9-5: DEPOSIT OF PETROLEUM PRODUCTS. No person shall pour or deposit oil
or any other petroleum product upon any private property, canal right of way, public street, alley,
sidewalk, park or other public property, provided nothing herein shall prevent the use of oil, asphalt
or other petro-chemicals for the purpose of construction, maintenance or operation of a street or
alley.
5-9-6: LITTERING FROM VEHICLES. No person shall throw, or permit to be thrown
from any vehicle, any litter or handbills while a driver or passenger in a vehicle being operated
upon a public street or alley.
5-9-7: DROPPING MATERIAL FROM AIRCRAFT. No person in any aircraft shall
throw out any litter or handbills while flying over the City.
5-9-8: IMPROPER HAULING OF LITTER. It is unlawful for any person to haul litter,
or otherwise operate a vehicle carrying litter, in any manner which causes litter to be deposited
TITLE 5 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 131
upon any public street, sidewalk or private property, or which creates a likelihood that litter will
be blown, dropped or spilled therefrom.
5-9-9: POSTING NOTICES. No person shall post or affix any handbill upon any public
utility pole, sign post, lamp post, telephone pole, shade tree or upon any public structure or
building, except as may be expressly authorized or required by law.
5-9-10: POSTING HANDBILLS OR SIGNS. No person shall post or affix any handbill
or sign to any building, structure, tree or appurtenance owned by any other person, without the
consent of the owner or occupant thereof.
5-9-11: ACCUMULATION OF LITTER UPON PRIVATE PROPERTY. It shall be
unlawful for any person owning or having control of private property within the City to deposit,
store or allow the accumulation of litter upon such property, except:
(A) The temporary storage or accumulation of construction debris or materials in a manner
which prevents the same from being blown upon adjoining property, while a building or
structure is being constructed upon the premises, or during remodeling or reconstruction
thereof.
(B) Upon any property owned or operated by any recycler, salvage dealer, or junk yard dealer
licensed by the City, subject to all provisions and restrictions contained in any ordinance
or statute governing the operation of such licensed business.
5-9-12: REMOVAL OF WEEDS. It shall be an infraction for any owner or occupant of
any real property within the City to allow weeds to grow, exist or accumulate upon such real
property.
(Ord. 266-07-21, 07/20/2021).
5-9-13: SPECIAL ASSESSMENTS. Notwithstanding the imposition of any criminal
fine, penalty or imprisonment, the City may, subject to the provisions of this section, remove any
litter from any private property within the City and levy a special assessment against such property,
for the reasonable costs of such removal. Prior to the removal of such litter, the City shall give
notice in writing to the owner of such property, which notice shall state the street address of the
property where the litter exists, and shall describe the nature and general location of the litter to be
removed. Such notice shall state that if such litter is not removed within fifteen (15) days from
the date the notice is delivered, the City may cause the same to be removed and a special
assessment made against such property for the costs of such removal. Such notice shall be
TITLE 5 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 132
personally served upon any occupant, if any, of the property wherein the litter is located, and shall
be mailed by certified mail, return receipt requested, postage prepaid, to the owner of the property
at the address listed upon the real property assessment rolls of Bonneville County. Such notice
shall be deemed to be delivered upon its physical delivery and deposit into the United States mail,
as set forth above. If the owner of occupant fails to remove the litter within the time specified in
the notice, the City may order the removal of the litter and cause a Notice of Special Assessment
to be mailed to the owner of the property in the manner set forth above. The Notice of Special
Assessment shall state the amount to be assessed on account of the costs of removing the litter, the
name and record address of the owner of the property to be assessed, and the legal description of
such property. Such notice shall also state that if the assessment is not paid within thirty (30) days,
the assessment will be placed on the real property tax rolls and will become a lien against such
property. If the assessment is not paid within thirty (30) days after mailing of the Notice of
Assessment, the same shall be declared delinquent and may be certified to the Bonneville County
assessor by the City Clerk, not later than the 1st day of August of each year. Upon such
certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien
against the property described in the notice and shall be collected in the same manner and subject
to the same penalties as are lawfully allowed for other real property taxes. All monies received on
account of such special assessment shall be held by the City Treasurer in a special fund to be
applied to the payment of the costs of such removal and the money shall be used for no other
purpose except to reimburse the City for all amounts expended in removing such litter or weeds.
TITLE 5 IONA CITY CODE
CHAPTER 10 (Revision: February 29, 2024) Page 133
CHAPTER 10 Open Burning
SECTION:
5-10-1: Opening Burning Defined
5-10-1: OPEN BURNING DEFINED.
(A) For the purposes of this chapter, the term “open burning” shall mean the burning of any
material where the products of combustion are not directed through a duct, passage, smoke
stack or chimney, except:
(1) Fires used for the preparation of food and camp fires used for recreational purposes
under control of a responsible adult.
(2) Fires used as part of a training exercise conducted by the Bonneville County Fire
District.
(3) Safely operated industrial flares for combustion of flammable gases.
(4) Fires used for control or alleviation of a fire hazard and for weed control, where no
alternate method of control exists, provided a permit has been first obtained from
the Bonneville County Fire District.
(B) Any person who allows or causes open burning within the City is guilty of a misdemeanor.
TITLE 5 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 134
CHAPTER 11 Juvenile Curfew
SECTION:
5-11-1: Purpose
5-11-2: Definitions
5-11-3: Juvenile Curfews
5-11-4: Parental Violation of Curfew Hours
5-11-5: Violation of Curfew Hours by Business Establishments
5-11-6: Defenses
5-11-7: Enforcement
5-11-8: Penalties
5-11-1: PURPOSE. The purposes of this chapter are:
(A) To regulate and prohibit minors from remaining in public places during certain hours of
the day;
(B) To protect minors from each other and from other adult perpetrators of crime;
(C) To reduce nocturnal juvenile crime and juvenile delinquency;
(D) To promote family responsibility and parental control over their children; and
(E) To protect and promote the peace, health, safety, welfare and tranquility of the inhabitants
of the City.
5-11-2: DEFINITIONS. Certain words and phrases used in this chapter are defined as
follows:
CURFEW HOURS: The hours between 1:00 a.m. and 5:00 a.m.
on every day of the week with respect to
any minor fifteen (15) years of age or older,
and the hours between 11:00 p.m. and 5:00
a.m. of the following day, with respect to
TITLE 5 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 135
any minor who is under fifteen (15) years
of age.
EMERGENCY: An unforeseen combination of
circumstances or the resulting state, that
calls for immediate action to prevent,
control or minimize serious bodily injury,
death or significant loss of property.
EMPLOYMENT ACTIVITY: The performance of any responsibilities or
duties expressly or impliedly required as a
condition of employment of a minor.
ESTABLISHMENT: Any privately-owned place of business
operated for a profit to which the public is
invited, including, but not limited to, any
place of amusement or entertainment.
GUARDIAN: A guardian is: 1) a person who, under
court order, is the guardian of the person of
a minor; 2) a public or private agency with
whom a minor has been placed by order of
a court; or 3) a person to whom a parent or
guardian has delegated any of his or her
powers with respect to a minor pursuant to
Section 15-5-104 of the Idaho Code.
MINOR: Any person under eighteen (18) years of
age.
OPERATOR: Any individual, firm, association,
partnership or corporation operating,
managing or conducting any
establishment. The term includes the
members or partners of an association or
partnership and the officers of a
corporation which owns or operates an
establishment.
PARENT: A person who is a natural parent, adoptive
parent or step-parent of a minor.
PUBLIC PLACE: Any place to which the general public has
access including, but not limited to, streets,
highways, alleys, sidewalks and the
common areas of schools, hospitals,
apartment houses, office buildings,
transportation facilities, shopping malls,
TITLE 5 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 136
public parking lots and commercial
businesses.
REMAIN: To linger or stay or to fail to leave premises
when requested to do so by a police officer
or the owner, operator or other person in
control of an establishment.
5-11-3: JUVENILE CURFEWS. Any minor who remains in any public place or on the
premises of any establishment within the City during curfew hours is guilty of an infraction.
5-11-4: PARENTAL VIOLATION OF CURFEW HOURS. Any parent or guardian of
a minor is guilty of an infraction if he or she knowingly permits, or by culpable indifference allows,
such minor to remain in any public place or on the premises of any establishment within the City
during curfew hours.
5-11-5: VIOLATION OF CURFEW HOURS BY BUSINESS ESTABLISHMENTS.
Any owner, operator or any employee or other person in control of an establishment is guilty of
an infraction if he or she knowingly or willingly allows such minor to be upon the premises of the
establishment during curfew hours.
5-11-6: DEFENSES.
(A) It is a defense to prosecution under this chapter that the offending minor was:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the express direction of the minor's parent or guardian, without any
detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in employment activity, or going to an employment activity or returning
to the minor's place of residence, without any detour or stop;
(5) Involved in an emergency;
(6) Within the yard or upon the sidewalk abutting the minor's residence or abutting the
residence of another adult with whom the parent or guardian of such minor has
expressly placed temporary custody of the minor.
(7) Attending an officially-sponsored school, religious or other recreational, cultural or
educational activity supervised by adults and sponsored by a public entity or a
TITLE 5 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 137
religious, charitable, fraternal, civic or other similar organization organized by
adults, or going to or returning home from such activities, without any detour or
stop;
(8) Exercising First Amendment Rights protected by the United States Constitution or
rights protected by Article I Section 9 of the Constitution of the State of Idaho;
(9) Is married or has had the disabilities of minority removed in the manner provided
by law.
(B) It is a defense to prosecution under section 5-11-5 that the owner, operator or employee of
an establishment asked the minor to leave the premises and promptly notified the
Bonneville County Sheriff that a minor is present on the premises of the establishment
during curfew hours and refuses to leave.
5-11-7: ENFORCEMENT. Before taking any enforcement action under this section, a
peace officer shall ask the apparent offending minor's age and reason for being in the public place
or establishment. The peace officer shall not issue a citation or make an arrest under this chapter
unless the officer reasonably believes that an infraction has occurred and that, based on any
response and all other circumstances, no defense is present. Any peace officer who arrests a minor
under this chapter shall immediately take the minor to the police station and summon his or her
parent or guardian. If the minor's parents or guardian arrive within a reasonable period of time,
the minor shall be remanded to the custody of the parent or guardian and shall be released upon
the recognizance of his or her parent or guardian. If the parent or guardian cannot be located or
does not appear at the police station within a reasonable period of time, the minor shall be kept in
the custody of the Police Division or shall be turned over to juvenile authorities and thereafter shall
remain in their custody in the manner provided by law.
5-11-8: PENALTIES.
(A) Any person who violates a provision of this chapter, shall, upon his or her first conviction,
be punishable by a fine not to exceed $50.00.
(B) Any person who violates a provision of this chapter within three years after another
conviction for any other violation under this chapter, shall be punishable, upon conviction,
by a fine not to exceed $300.00.
TITLE 6 IONA CITY CODE
(Revision: February 29, 2024) Page 138
TITLE 6 Health and Public Safety
Chapter Subject
1 General Health Regulations
2 Fireworks
3 Day Care
4 Maintenance and Construction of
Sidewalks and Curbs
5 Solid Waste Hauler Regulations
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CHAPTER 1 (Revision: February 29, 2024) Page 139
CHAPTER 1 General Health Regulations
SECTION:
6-1-1: Outdoor Restroom Facilities
6-1-2: Dumping Refuse Unlawful
6-1-3: Unsanitary Premises
6-1-4: Unclean Barns and Enclosures
6-1-5: Depositing of Manure Prohibited
6-1-6: Noxious Trade
6-1-7: Dangerous Premises
6-1-8: Slaughterhouse Regulations
6-1-9: Dead Animals
6-1-1: OUTDOOR RESTROOM FACILITIES.
(A) Outdoor Restroom Facilities Prohibited. No person shall erect, place, maintain or keep,
or allow to be erected, placed, maintained or kept, any water closet, privy, outhouse,
portable outdoor toilet facility or similar restroom facility not connected to the public sewer
on any public or private property within the City.
(B) Exceptions. The prohibition set forth in this Section shall not apply to: (1) temporary
portable toilet facilities used by contractors engaged on work within the City for use of
their employees if required by federal or state law or regulation, or, (2) temporary portable
toilet facilities used for outdoor public air shows, parades or exhibitions, for a period of not
longer than three (3) consecutive days and occurring no more than once in any calendar
year.
(C) State Health Regulations. All temporary outdoor restroom facilities allowed under the
preceding section shall comply with all applicable regulations of the State of Idaho,
Department of Health and Welfare or the United States Department of Labor.
6-1-2: DUMPING REFUSE UNLAWFUL. No person shall dump, place or deposit any
trash, refuse, matter, filth, waste, rags, paper, tin or aluminum cans or any substance likely to
produce disease or infection on any lot, street, alley or public right-of-way within the City.
TITLE 6 IONA CITY CODE
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6-1-3: UNSANITARY PREMISES. No owner or occupant of any premises within the
City shall cause or allow any portion of the premises or any structure on the premises to become
nauseous, foul, offensive or injurious to the public health, or grossly unpleasant or disagreeable to
the senses of adjacent residents or persons passing the premises.
6-1-4: UNCLEAN BARNS AND ENCLOSURES. No person shall maintain any barn
enclosure, stable, building or yard for cattle, horses or any other animals or fowl within the City
in such a condition as to be grossly offensive to neighbors or passers-by or injurious to the public
health.
6-1-5: DEPOSITING OF MANURE PROHIBITED. No person shall deposit upon or
allow any manure to be placed upon any City street, alley, sidewalk or right-of-way, provided
however, this section shall not apply to persons in control of animals exhibited in any public parade
or circus, persons riding an animal or persons riding in any conveyance drawn by animals.
6-1-6: NOXIOUS TRADE. No owner or occupant of any premises within the City shall
conduct or engage in any trade, business or occupation that is dangerous, detrimental to the life,
health or property of members of the public or which is grossly offensive to the public or otherwise
constitutes a nuisance.
6-1-7: DANGEROUS PREMISES. No owner or occupant of any premises within the
City shall keep, cause or allow the premises, any portion of the premises or any structure on the
premises to fall into a condition that is dangerous or detrimental to life, health or property of
members of the public.
6-1-8: SLAUGHTERHOUSE REGULATIONS. Every owner, lessee, tenant or
occupant of any slaughterhouse, stable, building, structure or stall in which any animal or fowl is
killed or in which any animal or fowl is kept, or of any place in which offal, manure or any liquid
discharge of any animal or fowl collects or accumulates shall promptly remove such offal, liquid
or manure to a proper place and shall at all times keep such slaughterhouse, stable, building
structure or stall in a clean and wholesome condition and reasonably free from offensive smells.
6-1-9: DEAD ANIMALS. No person shall deposit any dead animal or fowl on any City
street, alley, sidewalk or right-of-way or on any private lot within the City not owned or occupied
by that person. No person shall cause or allow any dead animal or fowl to remain for an
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unreasonable length of time on any property owned or occupied by that person and located within
the City.
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CHAPTER 2 (Revision: February 29, 2024) Page 142
CHAPTER 2 Fireworks
SECTION:
6-2-1: Fireworks
6-2-2: Dangerous Fireworks
6-2-3: Safe and Sane Fireworks
6-2-4: Fireworks Permit for Public Display Required
6-2-5: Permit for Sale of Safe and Sane Fireworks
6-2-6: Application
6-2-7: Issuance
6-2-8: Fireworks Stands
6-2-9: Storage and Transportation
6-2-10: Fireworks Permit for Public Display; Application
6-2-11: Data Furnished
6-2-12: Permit for Sale of Fireworks at Wholesale
6-2-13: Application for Wholesale Permit
6-2-14: Information Furnished
6-2-15: Sale of “Dangerous Fireworks” Prohibited
6-2-16: Written Records
6-2-17: Seizure of Fireworks
6-2-18: Discharge of Fireworks in Public Area
6-2-19: Revocation of Permit
6-2-1: FIREWORKS. “Fireworks” shall include blank cartridges, party favors, toy
pistols, toy cannons, toy canes, toy guns or similar devices in which more than twenty-five
hundredths (.25) grain of explosive compound per cap or charge are used, fire balloons (balloons
of a type which have burning material of any kind attached thereto or which require fire underneath
to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, fountains, wheels,
Dago bombs, sparklers and other fireworks of like construction, and any fireworks containing any
TITLE 6 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 143
combustible or explosive substances for the purpose of producing visible or audible effect by
combustion, deflagration, explosion or detonation.
6-2-2: DANGEROUS FIREWORKS. “Dangerous fireworks” includes any of the
following:
(A) Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs,
mines, ground bombardment, grass-hoppers and other explosive articles of similar nature;
(B) Blank cartridges;
(C) Skyrockets and rockets, including all similar devices employing any combustible or
explosive material and which rise in the air during discharge;
(D) Roman candles, including all devices which discharge balls of fire into the air;
(E) Chasers and whistles, including all devices which dart or travel about the surface of the
ground during discharge;
(F) Snakes and hats containing bichloride of mercury;
(G) Sparklers more than ten inches (10”) in length or one-quarter inch (¼”) in diameter:
(H) All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles,
parachute shells, mines, Dago bombs and similar devices;
(I) All torpedoes which explode by means of friction, or which contain arsenic and all other
similar fireworks devices, including cracker balls;
(J) Fire balloons or balloons of any type which have burning material of any kind attached
thereto;
(K) Toy cannons which use a combustible or explosive substance for the purpose of producing
a visible or audible effect.
6-2-3: SAFE AND SANE FIREWORKS. “Safe and sane fireworks” includes any of
the following:
(A) Cone fountains with pyrotechnic composition not exceeding fifty (50) grams each;
(B) Cylindrical fountains, whether base, spike or handle, with pyrotechnic composition not
exceeding seventy-five (75) grams each and inside tube diameter not exceeding three-
quarters inch (3/4”);
(C) Sparklers and “dipped sticks” not more than ten inches (10”) in length or one-quarter inch
(¼”) in diameter and suzuki and morning glories with pyrotechnic composition not
exceeding four (4) grams each;
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(D) Snakes which do not contain bichloride of mercury and pyrotechnic composition not
exceeding two (2) grams each;
(E) Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit
of two hundred forty (240) grains for each complete wheel. The inside tube diameter of
diver unit shall not exceed one-half inch (½”);
(F) Whistles, without report and which do not dart or travel about the ground during discharge
with pyrotechnic composition not exceeding six (6) grams and containing no picric of gallic
acid.
6-2-4: FIREWORKS PERMIT FOR PUBLIC DISPLAY REQUIRED. It shall be
unlawful for any person to possess, keep store, use or discharge within the City any dangerous
fireworks unless such person be the holder of a valid “Fireworks Permit for Public Display.”
6-2-5: PERMIT FOR SALE OF SAFE AND SANE FIREWORKS. It shall be
unlawful for any person to sell, store or keep for sale, any “safe and sane fireworks” within the
City unless such person be the holder of a valid “Permit for Safe and Sane Fireworks.”
6-2-6: APPLICATION. Any person desiring to sell “safe and sane fireworks” within
the City shall apply to the City Clerk for a permit. Each applicant shall pay to the Clerk a permit
fee of twenty-five dollars ($25.00) at the time of application. If the application is denied, the
permit fee shall be refunded. The application for a permit to sell “safe and sane fireworks” shall
include the following information:
(A) Name and address of applicant.
(B) The names and addresses of the officers of the applicant, if a corporation.
(C) The location of the place of sale of “safe and sane fireworks.”
(D) The name and address of any wholesaler, or distributor, from whom the applicant intends
to obtain “safe and sane fireworks.”
(E) The applicant's state sales tax permit number.
6-2-7: ISSUANCE. Permits shall be granted only by the City Council after investigation
and recommendation by the Chief of Police. No permit shall be granted for sale on premises or
under any conditions which would violate any State law or City ordinance. Each permit shall be
valid for only one location designated in the permit. No permit shall be transferable, assignable
or renewable. The permit shall be valid only for the year of its issue and shall permit the sale or
TITLE 6 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 145
offering for sale of “safe and sane fireworks” only from twelve o'clock (12:00) noon June 26, to
twelve o'clock (12:00) midnight July 5.
6-2-8: FIREWORKS STANDS. Temporary fireworks stands shall be located,
constructed and operated in compliance with the following regulations:
(A) The stand shall comply with all applicable zoning and electrical codes.
(B) The stand shall not be located within twenty-five feet (25’) of any other building.
(C) The stand shall not be located within fifty feet (50’) of any pump or any other device used
to dispense gasoline, kerosene, diesel fuel, propane or other flammable liquid or flammable
liquefied gas as defined in of the Uniform Fire Code.
(D) The stand shall not be located within fifty feet (50’) of any above ground tank, cylinder or
other device used to store propane or other flammable liquefied gas as defined in the
Uniform Fire Code.
(E) The stand shall not be located within fifty feet (50’) of any vent or fill pipe of any
underground tank or other underground device used to store gasoline, kerosene, diesel fuel
or other flammable liquid as defined in the Uniform Fire Code.
(F) No fabric material shall be used in the construction of the stand.
(G) Each stand shall have exit doors on both ends of the structure, opening in the direction of
exit travel and the doors shall be kept free from obstructions.
(H) Each stand shall be provided with an approved fire extinguisher with at least a 2A rating.
(I) At least one supervisor, eighteen (18) years of age or older, shall be present within the
stand at all times the stand is open for business.
(J) No fireworks shall be discharged within twenty-five feet (25’) of any fireworks stand.
(K) “No Smoking” signs shall be conspicuously and permanently displayed both inside and
outside the stand. No smoking shall be permitted inside or within twenty-five feet (25’) of
the stand.
(L) No “safe and sane fireworks” shall be sold, or offered for sale, except from twelve o'clock
(12:00) noon June 26, to twelve o'clock (12:00) midnight July 5.
6-2-9: STORAGE AND TRANSPORTATION. “Safe and sane fireworks” shall be
stored and transported within the City in compliance with the following standards:
(A) Storage. Quantities of “safe and sane fireworks” greater than twenty-five (25) pounds shall
not be stored in any building within the City, except within a temporary fireworks stand
constructed in compliance with this chapter, unless a “Caution Fireworks” sign has been
TITLE 6 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 146
conspicuously posted on or in close proximity to the building. the sign shall be diamond-
shaped, measure at least twelve inches (12”) on each side, and be bright red in color. The
sign shall carry the words “Caution Fireworks” in white block letters at least one inch (1”)
high.
(B) Transportation. Quantities of “safe and sane fireworks” greater than twenty-five (25)
pounds shall not be transported in any vehicle within the City unless “Caution Fireworks”
signs are displayed on the vehicle. The signs shall be placed so that they are plainly visible
from the rear and both sides of the vehicle. The shape, size, color and language of the signs
shall be the same as for signs to be posted on buildings in which quantities of “safe and
sane fireworks” greater than twenty-five (25) pounds are stored.
6-2-10: FIREWORKS PERMIT FOR PUBLIC DISPLAY; APPLICATION. Any
person desiring to conduct a public display of fireworks within the City may apply for a permit
therefor to the Clerk. The Council shall have the power to grant or deny such application after
investigation and recommendation by the Chief of Police. Such permit, if granted, shall authorize
the permittee to purchase, transport, keep and use fireworks of all kinds for the purposes of the
public display, but shall not authorize the permittee to sell, distribute or give away any fireworks,
except to the wholesaler or distributor from which they were obtained. The permit shall be valid
only for the public display for which applied. No fee shall be charged for a “Fireworks Permit for
Public Display.”
6-2-11: DATA FURNISHED. An applicant for a “Fireworks Permit for Public Display”
shall furnish the following information to the Clerk:
(A) Name and address of the applicant.
(B) Names and addresses of officers, if an association or corporation.
(C) The place and time of the public display.
(D) The name and address of the wholesaler or distributor from whom the fireworks will be
obtained.
6-2-12: PERMIT FOR SALE OF FIREWORKS WHOLESALE. It shall be unlawful
for any person, association, corporation or any responsible person associated with an association
or a corporation, to sell, convey or offer for sale at wholesale, or cause any other person to sell,
convey or offer for sale at wholesale, any fireworks within the City, unless such person is the
holder of a valid permit for wholesale sale of fireworks. For the purposes of this section, the term
“responsible person” shall mean any person who owns at least ten percent (10%) of the capital
assets or interest in profits and losses of an unincorporated association, or any person who holds
or owns at least ten percent (10%) of the issued shares of the corporation.
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CHAPTER 2 (Revision: February 29, 2024) Page 147
6-2-13: APPLICATION FOR WHOLESALE PERMIT. Any person, association or
corporation desiring to sell fireworks at wholesale within the City, shall make application to the
City Clerk for a permit for sale of fireworks at wholesale. Each applicant shall pay to the City
Clerk a fee of seventy-five dollars ($75.00) at the time of application. Permits shall be granted
only by the City Council after investigation and recommendation by the Fire Chief. No permit
shall be granted for sale on premises or under any conditions which would violate any State law
or any ordinance of the City. If the application be denied, the permit fee shall be refunded
forthwith. Each permit shall be valid only for one location designated in the permit. A permit
shall not be transferable, assignable or renewable and shall be valid only for the year of its issue.
6-2-14: INFORMATION FURNISHED. Each applicant for a permit for sale of
fireworks at wholesale shall provide the following information on his, her or its application:
(A) The name and address of applicant or principal place of business.
(B) The names and addresses of the officers of the applicant, if a corporation;
(C) The names and addresses of any person owning at least ten percent (10%) of the capital
assets or profits and losses, if an association.
(D) The names and addresses of any person owning or holding ten percent (10%) or more of
the issued shares of the corporation, if a corporation;
(E) The applicant's state sales tax permit.
6-2-15: SALE OF “DANGEROUS FIREWORKS” PROHIBITED. It shall be
unlawful for any person to sell, convey or offer for sale any dangerous fireworks to any person
who is not a holder of a valid fireworks permit for public display, or who is not employed by a
corporation or association who is a holder of such permit.
6-2-16: WRITTEN RECORDS.
(A) Any person, association or corporation who holds a permit issued pursuant to this chapter
and who purchases fireworks for the purpose of sale at retail, shall at the time such purchase
is made, keep and maintain a written record containing the following information.
(1) The name and address of the wholesaler or distributor from whom the fireworks
were purchased, and, if the wholesaler or distributor is a corporation or association,
the name of every person who acted in behalf of such corporation or association;
(2) The date and location of the purchase;
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(3) An itemized list describing the kind and nature of all fireworks purchased and the
quantity thereof.
(B) Such written record, or a true and correct copy thereof, shall be kept at the location where
said fireworks are offered for sale at retail. It shall be unlawful for any person to fail or
refuse to allow any police officer or other officer of the City to inspect said record at any
time during which the premises of the permittee are open for business.
6-2-17: SEIZURE OF FIREWORKS. Whenever there is probable cause to believe that
any person is selling fireworks without a permit required by this chapter, or that any person has
sold or conveyed any fireworks contrary to the provisions of this chapter, then the Chief of Police
may order any police officer to seize as evidence all fireworks offered for sale at the premises
where such violation is alleged to have taken place. The Chief of Police shall hold the fireworks
so seized pending trial or conviction of the person selling or offering the same for sale. In the
event such person is convicted of selling fireworks contrary to this Chapter, then all rights to the
fireworks shall be forfeited and the Chief of Police shall forthwith destroy the same.
6-2-18: DISCHARGE OF FIREWORKS IN PUBLIC AREA. It shall be unlawful for
any person to ignite or discharge any fireworks during the time periods set forth below and within
fifty feet (50') of the curb line along any parade route or within any area of public gathering
designated by the Chief of Police, or to cause any ignited fireworks to be thrown or propelled into
such area. Such time period shall commence one hour prior to the commencement of such parade
and shall conclude one hour after the conclusion of the designated parade times, and with regard
to other areas of public gathering designated by the Chief of Police, said time frame shall likewise
be designated by the Chief of Police. In areas of public gathering designated by the Chief of
Police, a public notice of such designation shall be posted in a conspicuous place at least once in
every City block contained within said public area, which notice shall specifically describe the
area and times within which this section shall apply.
6-2-19: REVOCATION OF PERMIT. Any permit granted under this chapter may be
revoked by order of the Chief of Police whenever probable cause appears that the permittee has
violated or is in violation of this chapter.
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CHAPTER 3 (Revision: February 29, 2024) Page 149
CHAPTER 3 Day Care
SECTION:
6-3-1: Purpose
6-3-2: Definitions
6-3-3: Exit Requirements
6-3-4: Additional Exit Requirements for Facilities with more than Fifty Children
6-3-5: Evacuation Plan
6-3-6: Fire Extinguisher Requirements
6-3-7: Telephone Requirements
6-3-8: Smoke Detector and Fire Alarm Requirements
6-3-9: Flammable Materials
6-3-10: Freestanding Fireplaces and Woodburning Stoves
6-3-11: Address Number
6-3-12: Inspection and Certification; Inspection Fee
6-3-13: Liability
6-3-1: PURPOSE. The purpose of this Chapter is to provide a means for certifying that
Day Care Facilities within the City comply with the minimum fire safety standards established by
Idaho Code Sections 39-1109 and 39-1114 and the minimum standards established in this Chapter.
The standards set forth in this Chapter are not intended to establish a level of fire safety that meets
any nationally recognized standards or otherwise establishes the level of care owed by the operator
of a Day Care Facility to any child for whom care or supervision is provided at such facility. The
provisions of this Chapter are not intended to impose on the City or any of its officials or employees
any special duty to enforce the standards contained in this Chapter, for the benefit of any child for
whom such care or supervision is provided at Day Care Facilities.
6-3-2: DEFINITIONS. For the purpose of this Chapter, certain words and phrases are
defined as follows:
APPROVED: Approval by the Chief of Police or his
authorized representative based on
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CHAPTER 3 (Revision: February 29, 2024) Page 150
inspections, investigation tests conducted
by him or her or on accepted principles or
tests by national authorities, technical or
scientific organizations as defined in the
Uniform Fire Code.
CHILD: A person less than twelve (12) years of age.
CITY: The City of Iona.
DAY CARE: Care and supervision provided for
compensation, during part of a twenty-four
(24) hour day, for a child or children not
related by blood or marriage to the person
or persons providing the care, in a place
other than the child's or children's own
home or homes.
DAY CARE CENTER: A place or facility providing day care for
compensation for thirteen (13) or more
children.
DAY CARE FACILITY: A day care center or group day care facility
as defined in this Chapter, but not a “family
day care home” as defined in Idaho Code
Section 39-1102(9) now in force or
subsequently amended.
FIRE INSPECTOR: A person appointed by the Council to make
inspections as provided by this Chapter.
GROUP DAY CARE
FACILITY:
A home, place or facility providing day
care for compensation for seven (7)
through twelve (12) children.
OCCUPANT LOAD: A figure calculated by dividing the square
footage of space between the interior face
of the exterior walls of that portion of a
building used for day care by a factor of 35.
The occupant load of any room in a Day
Care Facility equipped with fixed seating
shall equal the number of fixed seats.
6-3-3: EXIT REQUIREMENTS. All Day Care Facilities located within the City shall
meet the following exit requirements:
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(A) Day Care Facilities shall have a minimum of two (2) exit doors located such that they
provide an unobstructed path outside the building to a public way or a safe area away from
the building.
(B) The distance between required exit doors shall be not less than one-half (1/2) the diagonal
dimension of the building or portion used for day care and shall not exceed seventy-five
(75) feet, except under the following conditions:
(1) If the building is protected throughout with approved smoke detectors, the
maximum distance between required exit doors may be extended to ninety (90) feet.
(2) In buildings equipped with an approved automatic fire sprinkler system, the
maximum distance between required exit doors may be extended to one hundred
ten (110) feet.
(C) Required exit doors shall provide a clear opening not less than thirty-two (32) inches wide
and shall be not less than six (6) feet, eight (8) inches in height measured from the floor.
(D) Required exit doors shall not be locked when children are in the Day Care Facility and
shall be designed and constructed so that they can be opened from the inside without the
use of a key or any special knowledge or effort.
(E) Required exit doors shall not be of the sliding patio door type, except that a sliding patio
door may serve as the second required exit door in a Group Day Care Facility.
(F) All rooms in Day Care Facilities used for Day Care purposes, other than bathrooms or
closets, shall have at least one (1) emergency egress window that provides an unobstructed
path outside the building to a public way or safe area away from the building. An exit door
located in a room used for Day Care purposes and meeting the standards for required exit
doors may be used in lieu of a required emergency egress window.
(G) Emergency egress windows in rooms used for Day Care purposes shall have a minimum
net clear opening of five and seven-tenths (5.7) square feet, a minimum width of twenty
(20) inches and a minimum height of twenty-four (24) inches, and shall have a maximum
finished sill height of forty-four (44) inches measured from the floor level.
(H) Any emergency egress window whose sill height is below grade level of the ground outside
the window shall have a window well on the outside of the building and immediately
adjacent to the window. The window well shall have a minimum length of thirty-six (36)
inches measured along the building and shall be at least as long as the width of the window.
The window well shall have a minimum width of thirty (30) inches measured from the
outside wall of the building. The depth of the window well shall extend down to at least
the sill height of the window. Any window well whose depth exceeds eighteen (18) inches
as measured from grade level shall be equipped with a stairway that meets the requirements
of Section 3306(c) of the Uniform Building Code, 1985 Edition, as adopted by the City.
Window wells for emergency egress windows shall be designed and located so as not to
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interfere with or obstruct opening the window and so as to provide an unobstructed path
outside the building to a public way or safe area away from the building.
(I) Emergency egress windows shall be operable from the inside without the use of separate
tools.
(J) If any portion of a Day Care Facility is located in a basement, there shall be at least two (2)
exits from the basement. At least one of these exits shall open directly to the outside and
shall be an exit door or emergency egress window meeting the standards contained in this
Section.
(K) Day care is prohibited on any floor above the first floor of a building, except that day care
may be permitted on the second floor of a building but only if the building is protected
throughout by an approved automatic sprinkler system and has at least two (2) exit doors
leading directly from the second floor level to the outside.
6-3-4: ADDITIONAL EXIT REQUIREMENTS FOR FACILITIES WITH MORE
THAN FIFTY CHILDREN. Any Day Care Facility with more than fifty (50) children shall
meet the following requirements in addition to the exit requirements set forth in Section 6-3-3:
(A) All required exit doors shall swing in the direction of egress.
(B) An approved exit sign shall be installed at each required exit doorway. Additional exit
signs may be required if, in the judgment of the Fire Inspector, they are necessary to clearly
indicate the direction of egress.
(C) Exit doors from rooms with an occupant load of fifty (50) or more, if provided with a latch,
shall have approved panic hardware.
6-3-5: EVACUATION PLAN. A diagram showing an emergency evacuation plan shall
be posted in a conspicuous location on each floor of every Day Care Facility. The diagram shall
show a floor plan of the Day Care Facility, the location of all emergency exit doors and windows,
and the path of travel to each emergency exit door or window. The location at which the diagram
is posted shall be clearly marked on the diagram.
6-3-6: FIRE EXTINGUISHER REQUIREMENTS. Day Care Facilities shall be
equipped with approved portable fire extinguishers as follows:
(A) There shall be at least one (1) portable fire extinguisher (minimum 2A-10BC) for each
fifteen hundred (1,500) square feet of floor space in the facility. The travel distance
between any two fire extinguishers shall not exceed seventy-five (75) feet.
(B) Required fire extinguishers shall be securely mounted in readily visible and accessible
locations, with the top of the extinguisher not more than five (5) feet above the floor.
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CHAPTER 3 (Revision: February 29, 2024) Page 153
6-3-7: TELEPHONE REQUIREMENTS. Day Care Facilities shall be equipped with
an operable telephone on the premises. A placard, in a form approved by the Chief of the City
Fire Department and listing all emergency telephone numbers, shall be posted conspicuously in
the immediate vicinity of the telephone.
6-3-8: SMOKE DETECTOR AND FIRE ALARM REQUIREMENTS. Day Care
Facilities shall meet the following smoke detector and fire alarm requirements:
(A) Approved smoke detectors shall be installed in a central location in each hallway, corridor
or other area with access to a sleeping room used for day care purposes.
(B) If the Day Care Facility is located in a building with a basement not used for day care
purposes and the basement has a stairway leading to the facility, an approved smoke
detector shall be installed in the basement. The smoke detector shall be connected to a
sounding device or other smoke detector which will provide an alarm audible in each
sleeping room in the Day Care Facility.
(C) An approved fire alarm system shall be installed in a day care facility with over fifty (50)
children.
6-3-9: FLAMMABLE MATERIALS. Flammable or combustible materials shall not
be allowed to accumulate in any Day Care Facility in a manner which presents a fire hazard.
Flammable or combustible materials shall not be stored in any room in a Day Care Facility where
they are exposed to an open flame.
6-3-10: FREESTANDING FIREPLACES AND WOODBURNING STOVES. No
freestanding fireplace or woodburning stove shall be installed or located in any Day Care Facility
unless such fireplace or woodburning stove is a “factory-built fireplace” as that term is defined in
Section 3702 of the Uniform Building Code, as adopted by the City. Any factory-built fireplace
installed or located in any Day Care Facility shall meet the requirements of Chapter 37 of the
Uniform Building Code, 1985 Edition, as adopted by the City. No Day Care Certificate of
Compliance shall be issued for any Day Care Facility in which any factory-built fireplace has been
installed or is located unless the owner or operator first produces proof that a valid permit for the
installation of each such factory-built fireplace has been issued by the City's Department of
Building and Zoning.
6-3-11: ADDRESS NUMBER. The address number of any Day Care Facility shall be
placed on the building in which the facility is located in such a position as to be plainly visible and
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legible from the street or road fronting the building. The address number shall contrast with its
background.
6-3-12: INSPECTION AND CERTIFICATION; INSPECTION FEE.
(A) Inspection. Upon request by the owner or operator of a Day Care Facility and the payment
of the inspection fee as provided by this Section, the Fire Inspector shall inspect the facility
to determine whether it complies with the requirements of this Chapter. In making such
inspection, the Fire Inspector may, at his or her sole discretion, enforce any applicable
provisions of the Uniform Fire Code or Uniform Building Code as adopted by the City.
(B) Fee. Persons requesting a fire safety inspection of a Day Care Facility shall pay to the City
an inspection fee of thirty dollars ($30.00).
(C) Certification. If the Day Care Facility complies with the requirements set forth in this
Chapter, the Fire Inspector shall issue a Day Care Certificate of Compliance which shall
state that the facility was found to comply with the requirements of this Chapter on the date
on which the facility was inspected. The issuance of such Certificate of Compliance shall
not be construed as certifying that the facility complies with any or all provisions of the
Uniform Fire Code or Uniform Building Code as adopted by the City or the Zoning
Ordinance of the City, or as certifying that the facility contains no fire hazards. Nor shall
the issuance of such certificate constitute an affirmative representation to any person that
the Day Care Facility for which the certificate is issued is free from risk with regard to the
standards in this Chapter.
(Ord. 123, 11/20/2007).
6-3-13: LIABILITY. Nothing in this Chapter shall be construed as imposing upon the
City, its officials or employees, any special or private duty to any person to inspect a Day Care
Facility, or to make an adequate or reasonable inspection of such facility, or to enforce the
provisions of this Chapter. This Chapter is not intended to create any liability or cause of action
against the City, its agents, officials or employees for any loss or damage based upon the failure
of any Day Care Facility, or the owner or operator thereof, to meet the standards contained in this
Chapter.
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CHAPTER 4 (Revision: February 29, 2024) Page 155
CHAPTER 4 Maintenance and Construction of Sidewalks and Curbs
SECTION:
6-4-1: Duty of Property Owners
6-4-2: Order for Construction or Maintenance
6-4-3: Special Assessment
6-4-4: Construction Specifications
6-4-5: Permit for Trap Doors
6-4-6: Openings in Sidewalks
6-4-7: Coverings upon Sidewalks
6-4-8: Sidewalk, Hail, Snow, Sleet and/or Ice Removal Required
6-4-9: Obstruction of a City Sidewalk, Street, Easement, Right-of-Way, or Other Public
Way with Snow or Ice is Prohibited
6-4-10: Installation of Mailboxes within Public Rights of Way
6-4-11: Penalties
6-4-1: DUTY OF PROPERTY OWNERS. Every person who owns or leases real
property within the City shall have a duty to i) remove any obstruction or dangerous condition
situated upon any public sidewalk immediately abutting property owned or leased by such person,
and ii) install, construct or maintain the sidewalk immediately abutting property owned or leased
by such person, as may be required by the provisions of this chapter or the City Subdivision
Ordinance.
(Ord. 181-04-14, 3/25/2014).
6-4-2: ORDER FOR CONSTRUCTION OR MAINTENANCE. The Public Works
Division may issue a Notice of Noncompliance to any person who fails to perform his or her duty
under the preceding section upon making a finding that such sidewalk, curb and gutter have not
been constructed or maintained in accordance with the provisions of this chapter or Code. The
notice shall advise such person of the nature of the condition needing correction and shall be served
upon such owner or lessee by depositing the same into the United States mail, certified mail, return
receipt requested, postage prepaid and addressed to the owner at the last known address or address
shown on the assessment rolls of Bonneville County. Such notice shall advise such person that if
TITLE 6 IONA CITY CODE
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the obstruction or dangerous condition upon the sidewalk is not removed or otherwise rectified or
if the sidewalk is not installed, or maintained in accordance with the provisions of this Code, within
twenty (20) days after the date of such notice, the City may order that such work be accomplished
and the costs thereof be assessed against the real property adjacent to such sidewalk and curb and
gutter.
(Ord. 181-04-14, 3/25/2014).
6-4-3: SPECIAL ASSESSMENT. In the event any property owner fails to install or
maintain the sidewalk and curb and gutter adjacent to his or her property within twenty (20) days
after a notice is mailed to him in accordance with the preceding section, the City Council may
cause the work to be accomplished and charge the reasonable costs therefor against the owner of
such property. Upon completion of the work, the City Council shall send a Notice of Assessment
to the property owner advising him or her of the amount of the costs incurred in performing such
work and advising the owner that if such amount is not paid within thirty (30) days after the date
of such notice a special assessment will be made against such property in the manner permitted by
law, and that twenty-five percent (25%) of the amount thereof will be added to such amounts as a
penalty. Such notice shall be mailed to the property owner in the manner set forth in the preceding
section. In the event the property owner fails to pay such amount prior to expiration of thirty (30)
days from the date the notice was mailed, the City Engineer shall certify to the City Council the
amount of such costs incurred, and the Council may then order the City Treasurer to cause a special
assessment to be levied and assessed against the property in the amount of such costs, together
with the twenty-five percent (25%) penalty, in the manner set forth in Idaho Code Section 50-
1008.
(Ord. 181-04-14, 3/25/2014).
6-4-4: CONSTRUCTION SPECIFICATIONS. Except as otherwise provided in this
City Code, including but not limited to Section 10-1-14, the construction of all sidewalks and curbs
and gutters shall be in accordance with the Standard Specifications, as that term is defined in
Section 10-1-3 of this City Code. One copy of the Standard Specifications, as defined in Section
10-1-3 hereof, shall be duly certified by the City Clerk and kept on file at the office of the City
Clerk.
(Ord. 181-04-14, 3/25/2014); (Ord. 235-12-19, 12/17/2019).
6-4-5: PERMIT FOR TRAP DOORS. It shall be unlawful to construct, maintain or
operate any trap door, opening, grating or other opening within or upon a public sidewalk, without
a permit issued by the Council.
(Ord. 181-04-14, 3/25/2014).
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6-4-6: OPENINGS IN SIDEWALKS. It shall be unlawful for any person to fail or
neglect to maintain any trap door, opening or grating approved by the Council, or to fail or neglect
to keep the same securely closed while any doors covering the same are not in use, or to take all
reasonable and necessary safety precautions to prevent harm and injury to person or property. All
openings for elevators, coal chutes, or service entrances or openings of any kind within a public
sidewalk shall be constructed and installed in such manner as to prevent entry of storm waters or
floods from the street or sidewalk.
(Ord. 181-04-14, 3/25/2014).
6-4-7: COVERINGS UPON SIDEWALKS. All sidewalk doors, coal chutes and
coverings and supports therefor shall be made of steel or cast iron, shall be placed flush with the
sidewalk surface, shall have a corrugated surface or other finish that will prevent slippage
thereupon, and shall be so constructed as to support a load of not less than 200 pounds per square
foot.
(Ord. 181-04-14, 3/25/2014).
6-4-8: SIDEWALK, HAIL, SNOW, SLEET AND/OR ICE REMOVAL REQUIRED.
(A) Definitions: For the purposes of this Section, the following terms shall have the meanings
ascribed below:
AGENT: Any person under a legal or contractual
obligation to remove hail, snow, sleet
and/or ice on a Sidewalk for an owner or
lessee of property within the City, whether
or not for compensation.
PRECIPITATION EVENT: Any product of the condensation of
atmospheric water vapor (including hail,
snow, sleet and ice) that falls under gravity
within City limits, the cessation of which is
determined by the National Weather
Service Station at the Idaho Falls Regional
Airport.
SIDEWALK: Any concrete, asphaltic paving or brick
material adjacent to a City street, easement,
right-of-way or other public way, whether
within a public right-of-way or on private
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CHAPTER 4 (Revision: February 29, 2024) Page 158
property, designated and/or used by
pedestrians for travel.
(B) Duty to Remove Hail, Snow, Sleet and/or Ice Promptly.
(1) Unless otherwise provided in this Section, it shall be unlawful for an owner, agent
or lessee of real property to fail to remove or fail to cause to be removed hail, snow,
sleet, and/or ice, from the entire length and breadth of the Sidewalk immediately
adjacent to such owner’s, agent’s or lessee’s property in the City, within the twenty
four (24) hour period immediately following the cessation of a Precipitation Event,
as determined by the National Weather Service, Idaho Falls Regional Airport.
(2) The duty imposed in this subsection (B)(1) shall not include snow placed onto
Sidewalks by snow removal equipment of the City or its designee after it has been
removed following a Precipitation Event.
(C) Exemptions. The following persons shall be exempt from the duty imposed by subsection
(B) of this Section:
(1) A person who is physically or mentally impaired in such a manner that they are
unable to perform the duty imposed by sub-section (B) of this Section;
(2) A pregnant person;
(3) A person who is eighty (80) or more years of age; and
(4) A lessee who occupies a unit of a multi-family dwelling unit owned by another
person or entity and who is not an agent of the owner or a lessee having a legal
and/or contractual duty to remove hail, snow, sleet, and/or ice from the Sidewalk.
(Ord. 181-04-14, 3/25/2014).
6-4-9: OBSTRUCTION OF A CITY SIDEWALK, STREET, EASEMENT, RIGHT-
OF-WAY, OR OTHER PUBLIC WAY WITH SNOW OR ICE IS PROHIBITED.
(A) It shall be unlawful to place snow or ice removed from private property (including a
Sidewalk) upon any public sidewalk, street, easement, right-of-way, or other public way,
alleyway or Sidewalk.
(B) It shall also be unlawful for any private citizen or entity to place snow or ice removed from
Sidewalks, private driveways, driveway approaches, or other public places in or upon a
public Sidewalk, street, easement, right-of-way or other public way, alleyway or Sidewalk
in a manner that causes a hazard or obstruction to vehicular or pedestrian traffic. Nothing
herein shall prevent, impair or impede the removal, relocation or placement of snow or ice
upon such public ways by maintenance crews employed or hired by the City to remove
snow and ice from a public street or way.
(Ord. 181-04-14, 3/25/2014).
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CHAPTER 4 (Revision: February 29, 2024) Page 159
6-4-10: INSTALLATION OF MAILBOXES WITHIN PUBLIC RIGHTS OF WAY.
Mailboxes for receipt of United States mail may be installed within the public right-of-way, subject
to the following restrictions and standards
(A) Mailbox structures may be installed within the public right-of-way at any point along the
nearest edge of the graveled surface or asphalt roadway paralleling the owner’s front
property line. Notwithstanding the foregoing, no mail box shall be installed within the
triangular area adjacent to a corner lot, the sides of which are bounded by three corner
points, one of which is the point of intersection of the edges of the paved or graveled
roadway surfaces running parallel to such corner lot and the other two corner points being
located at a distance of fifteen feet from such intersection and running along each edge of
the road way surface forming such intersection.
(B) All mailbox receptacles shall be permanently and securely affixed on the top of a vertical
metal pipe, bar or wood post. The bottom of the mailbox shall be located at a height no
greater than forty-eight inches (48”) as measured from the surface of the roadway. The
front edge of the mailbox receptacle shall maintain a set back of not less than eight inches
(8”) as measured from the vertical projection of the edge of the graveled or paved roadway.
The metal pipe or bar shall not exceed two inches (2”) in diameter or two inches (2”) on a
side if rectangular. The wood post shall be square and not exceed four inches (4”) on any
side. The depth of the pipe, bar or wood post below grade shall not exceed twenty-four
(24”). Private mailbox receptacles may be grouped upon one (1) support, not to exceed
two (2) per grouping per property frontage.
(C) Community mailboxes comprised of more than four (4) receptacles may be installed only
at a location approved in writing by the Public Works Director or the City Council. Such
mailboxes shall be provided by the U.S. Postal Service or be of a design approved by the
U.S. Postal Service.
(D) The supporting pipe, bar, or wooden post for private mail boxes and/or community
mailboxes shall be securely planted in the soil with cement or asphalt surrounding the
supporting pipe, bar or post. Barrels, cans, buckets, stones, masonry or any other similar
above-ground receptacles or structures are prohibited.
(E) Spikes, decorations, metal works or other items shall not protrude from the structure in a
manner which creates an unreasonable risk of bodily injury or harm to pedestrians. No
mailbox receptacle or supporting structure shall be installed in a manner or at a location
which creates an unreasonable risk of bodily injury or harm to pedestrians or which
impedes the safe and efficient flow of vehicular traffic, including, without limitation, snow
plows, maintenance vehicles and sanitation trucks.
(F) A permit for public right of way construction pursuant to section 8-3-2 of this Code shall
not be required for the installation of a mailbox structure within the public right of way,
provided such installation conforms to the provisions of this section.
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CHAPTER 4 (Revision: February 29, 2024) Page 160
(G) All non-conforming, existing mailbox receptacles or supporting structures located within
the public right of way shall be brought into conformity with the provisions of this section
within one hundred twenty (120) days after the effective date of the ordinance adopting
this section, except mailbox structures which do not comply with subsection (E) hereof
shall be brought into conformity within ten (10) days after such effective date.
(Ord. 203-03-2016, 03/15/2016).
6-4-11: PENALTIES.
(A) Any person who fails to perform his or her duty under Section 6-4-1 of this Chapter within
the time frames set forth in Section 6-4-2 of this Chapter, shall be guilty of an infraction
for every twenty-four (24) consecutive hour period of his or her failure to comply with the
duty imposed by such sections.
(B) Any person who violates Section 6-4-8 of this Chapter is guilty of an infraction for every
twenty-four (24) consecutive hour period of his or her failure to comply with the duty
imposed by such sections.
(C) Any person who violates Section 6-4-9 of this Chapter is guilty of an infraction.
(Ord. 181-04-14, 3/25/2014); (Ord. 203-03-2016, 03/15/2016).
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CHAPTER 5 (Revision: February 29, 2024) Page 161
CHAPTER 5 Solid Waste Hauler Regulations
SECTION:
6-5-1: Policy, Purpose and Authority
6-5-2: Definitions
6-5-3: Hauler License Required
6-5-4: License Application Requirements
6-5-5: Review of Hauler License Application
6-5-6: Term of Hauler License and Renewals
6-5-7: Hauler Insurance Requirements
6-5-8: Equipment Standards
6-5-9: Storage Standards
6-5-10: Collection and Transportation Standards
6-5-11: Operational Standards
6-5-12: Remedies
6-5-1: POLICY, PURPOSE AND AUTHORITY.
(A) This Chapter establishes standards and procedures governing Solid Waste Hauling and
Management in the City of Iona, Idaho. It also establishes licensing requirements and
licensing fees and imposes penalties for lack of compliance.
(B) The purpose of this Chapter is to (i) protect the public health, welfare and safety; (ii) to
prevent the spread of disease and the creation of nuisances, (iii) to conserve natural
resources, and, (iv) to protect the City’s water, air and land resources.
(C) This Chapter is enacted pursuant to Idaho Code § 50-302 in order to maintain the good
government, welfare, health, safety and industry of the residents of the City.
(Ord. 198-10-15, 10/20/2015).
6-5-2: DEFINITIONS. For purposes of this Chapter, the words “must” and “shall” are
mandatory and not permissive. Unless specifically defined herein, terms used in this Chapter shall
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CHAPTER 5 (Revision: February 29, 2024) Page 162
have their common usage meaning. Unless the context clearly indicates otherwise, the words and
phrases set forth below shall have the following meanings ascribed to them:
ACCEPTABLE WASTE: Solid Wastes that are not prohibited from
Transportation, Collection, Processing or
Disposal pursuant to local, State or Federal
laws.
ADMINISTRATOR: Any person employed by the City in order
to administer the provisions of this
Chapter.
AGRICULTURAL SITE: Land used for agricultural purposes, but
excluding any Residential Site on such
land.
AUTHORIZED
REPRESENTATIVE:
An employee or agent of the City of Iona
or of any agency of the City who has been
designated by the City Council to
administer and/or enforce the provisions of
this chapter.
CITY CLERK: The City Clerk of the City.
COLLECTION OR
COLLECTS:
The removal of Solid Waste from the site
at which it is generated and aggregated,
including all removal and transportation
activities prior to the time the Solid Waste
is delivered to a Solid Waste Management
Facility.
COMMERCIAL SITE: Real property upon which any business,
commercial, industrial, institutional or
governmental establishment is located or
operated.
COMPOST OR
COMPOSTING:
The controlled microbial degradation of
organic waste.
COMPOST FACILITY: A site used to compost Solid Waste,
including all structures or Processing
equipment used to control drainage, collect
and treat Leachate, and storage areas for
the incoming waste, the final product, and
residuals resulting from the composting
process.
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COMPOSTABLE ORGANIC
MATERIALS:
Materials suitable for backyard Compost
Sites, including but not limited to straw,
vegetable and fruit scraps, coffee grounds
and filters, and eggshells.
CONSTRUCTION AND
DEMOLITION DEBRIS:
Solid Waste resulting from construction,
remodeling, repair, erection and
demolition of buildings, roads and other
structures, including concrete, brick,
bituminous concrete, untreated wood,
masonry, glass, trees, rock, and plastic
building parts.
CONSTRUCTION AND
DEMOLITION DEBRIS
LAND DISPOSAL
FACILITY:
A site used to Dispose of Construction and
Demolition Debris.
CONSTRUCTION SITE: A place where the construction of
buildings, roads or other improvements to
real property is occurring.
CONTAMINATED
MATERIAL:
A material that when processed or disposed
of, contributes to the release of a pollutant
or contaminant onto or into the land, air or
water, or when released into the
environment creates a significant threat to
the health of the general public or to safe or
efficient operation of a Solid Waste
Management Facility.
COUNTY: Bonneville County, Idaho.
COUNTY BOARD: The Bonneville County Board of
Commissioners.
CURBSIDE COLLECTION: A Mixed Municipal Solid Waste and
Recyclable Materials Collection system
whereby the Generators set Solid Waste
containers at the curb adjacent to a
roadway or in locations easily accessible
for Collection by a Hauler.
DEPARTMENT: The City of Iona or any department or
agency tasked with the authority and
responsibility to administer or enforce this
Chapter.
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DIRECTOR: The Director of Public Works for the City.
DISPOSAL OR DISPOSE: The discharge, deposit, injection,
Dumping, spilling, leaking, or placing of
any waste material into or on any land, air,
or water.
DUMPING: The placement of any Solid Waste,
including Construction and Demolition
Debris, Hazardous Waste, Industrial Solid
Waste, Mixed Municipal Solid Waste, or
Recyclable Materials, anywhere other than
in an approved container or at a Solid
Waste Management Facility during regular
hours of operation.
ELECTRONICS: Any device containing complex circuitry,
circuit boards, or signal processing
capabilities for processing or displaying
information including but not limited to:
monitors, computers, televisions,
photocopiers, facsimile machines, video
monitors and equipment, telephones and
telecommunications equipment, cordless
rechargeable appliances, and audio
equipment.
GENERATOR: Any Person that produces or aggregates
Solid Waste.
HAULER: Any Person who Collects or Transports
Solid Waste, Recyclable Materials or Yard
Waste, but does not include a Self-Hauler.
HAZARDOUS WASTE: Any Refuse, sludge, or other waste
material or combinations thereof, in solid,
semi-solid, liquid, or contained gaseous
form which because of its quantity,
concentration, or chemical, physical, or
infectious characteristics may cause an
increase in mortality or an increase in
serious illness; or pose a substantial hazard
to human health or the environment when
improperly treated, stored, transported,
Disposed of, or otherwise managed.
Categories of Hazardous Waste materials
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CHAPTER 5 (Revision: February 29, 2024) Page 165
include, but are not limited to: explosives,
flammables, oxidizers, poisons, irritants,
and corrosives.
HOUSEHOLD
HAZARDOUS WASTE
(“HHW”):
Unwanted household products that contain
corrosive, toxic, ignitable, flammable, or
reactive ingredients.
HOUSEHOLD
HAZARDOUS WASTE
FACILITY:
A site, authorized by the State of Idaho, to
collect HHW and to prepare it for transport
to approved and licensed destinations for
proper Recycling or disposal.
INDUSTRIAL SOLID
WASTE:
Solid Waste generated from an industrial
or manufacturing process and Solid Waste
generated from non-manufacturing
activities that is Collected, Processed, or
Disposed of as a separate waste stream.
INDUSTRIAL SOLID
WASTE LAND DISPOSAL
FACILITY:
A site used to Dispose of Industrial Solid
Waste in or on the land.
INFECTIOUS WASTE: Laboratory waste, blood, regulated body
fluids, sharps, and research animal waste
that have not been decontaminated.
LEACHATE: Liquid that has contacted or percolated
through Solid Waste and has extracted,
dissolved, or suspended materials from it.
LEACHATE
MANAGEMENT SYSTEM:
The structures constructed and operated to
contain, transport, and treat Leachate,
including liners, collection pipes, detection
systems, holding areas, and treatment
Facilities.
LICENSE: Authorization to conduct specified
business services that may be limited to a
specific period of time, specific person,
and or a specific site in the City.
LICENSE FEE: A license fee established by ordinance or
resolution of the Council pursuant to this
Chapter.
LICENSEE: The Person who has been issued a license
to carry out any of the activities for which
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CHAPTER 5 (Revision: February 29, 2024) Page 166
a license is required under the provisions of
this Chapter.
MAJOR APPLIANCES: Clothes washers and dryers, dishwashers,
water heaters, heat pumps, furnaces,
garbage disposals, trash compactors,
conventional and microwave ovens, ranges
and stoves, air conditioners, dehumidifiers,
refrigerators, freezers and other appliances
designated by State law or this Chapter.
MIXED MUNICIPAL
SOLID WASTE:
Garbage, Refuse, and other Solid Waste
from residential, Non-Residential,
business, industrial, and community
activities that the Generator aggregates for
Collection. The term includes common
household materials and commercial
garbage such as packaging materials,
containers, food discards, plastic, paper,
compostable materials.
MIXED MUNICIPAL
SOLID WASTE LAND
DISPOSAL FACILITY:
A Solid Waste Management Facility used
for the land disposal of Mixed Municipal
Solid Waste.
MOTOR VEHICLE: A motor vehicle as defined in Idaho Code
§ 49-123(1)(h), as the same exists on the
effective date of this Chapter, or as such
definition may be amended thereafter.
MULTI-UNIT
RESIDENTIAL BUILDING:
Any building with four or more residential
units.
NON-RESIDENTIAL
ACCOUNT:
Any customer account for which Solid
Waste Management Services are provided
with respect to any non-Residential
Building or parcel.
NON-RESIDENTIAL
PROPERTY:
All property that generates Solid Waste
within the City and which is not included
within the definition of a Residential Site.
OPEN AREA: Areas outside of a building or structure.
OPEN BURNING: Burning any Solid Waste whereby the
resultant combustion products are emitted
directly to the open atmosphere.
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OPERATOR: The Person responsible for the operation of
a Solid Waste Management Facility.
ORDINANCE: The Solid Waste Ordinance adopted by
City of Iona, as set forth in this Chapter.
OWNER: Any person or persons having a legal
interest in real property or any persons in
possession or control of real or personal
property including, but not limited to,
contract for deed vendees, and contract for
deed vendors.
PERSON: Any human being, any municipality or
other governmental or political subdivision
or other public agency, any public or
private corporation, any partnership, firm,
association, or other organization, any
receiver, trustee, assignee, agent, or other
legal representative of any of the
foregoing, or any other legal entity, unless
exempted by statute or rule.
PROCESSING: The treatment of Solid Waste after
Collection. Processing includes but is not
limited to reduction, separation, exchange,
resource recovery, physical, chemical, or
biological modification of Solid Waste.
PUBLIC HEALTH
NUISANCE:
The creation of conditions or acts that
unreasonably annoy, or contributes to the
injury and/or endangerment of the safety,
health, comfort, or repose of members of
the public.
PUTRESCIBLE
MATERIAL:
Solid Waste that is capable of rotting or is
in a foul state of decay or decomposition.
REAL PROPERTY: Land, from the center of the earth and
extending above the surface indefinitely,
including all inherent natural attributes and
any man-made improvements of a
permanent nature place thereon.
RECYCLABLE
MATERIALS:
Marketable materials that are separated
from Solid Waste for the purpose of
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Recycling such as paper, glass, plastics and
metals.
RECYCLING: The process of Collecting and processing
Recyclable Materials and reusing the
materials in their original form or using
them in manufacturing processes that do
not cause the destruction of Recyclable
Materials in a manner that precludes
further use.
RECYCLING COLLECTOR: A person who operates a Licensed
Recycling Facility that aggregates,
processes, or markets Recyclable
Materials.
RECYCLING FACILITY: A facility used to aggregate, process, or
market Recyclable Materials.
RECYCLING SERVICES: Curbside pickup of at least four types of
Recyclable Materials by a Hauler and/or a
centralized drop-off at a local Recycling
center of at least four types of Recyclable
Materials at any recycling site located in
the City.
REFUSE: Putrescible and non-putrescible Solid
Wastes, including garbage, rubbish, ashes,
incinerator ash, incinerator residue, waste
combustor ash, street cleanings, and
Industrial Solid Wastes, and including
municipal treatment wastes which do not
contain free moisture.
REGULATED WASTES: Waste, the Transportation, Storage,
Release, Dumping or Disposal of which is
regulated by State or Federal Law.
RELEASE: Any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting,
escaping, leaching, Dumping, or Disposing
into the environment which occurred at a
point in time or which continues to occur.
RESIDENTIAL: Relating to or arising out of the use of a
Residential Site.
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RESIDENTIAL SITE: Any dwelling unit or property upon which
a single family home, a duplex, a tri-plex,
a four-plex, an apartment or Multi-Unit
Residential building, a mobile home, a
condominium, a townhouse, a cooperative
housing unit, or any other building used for
Residential purposes, (none of which are
used solely for commercial purposes) is
located.
SELF-HAULER: A Person who transports his or her own
generated Solid Waste.
SERVICE AREA: The geographical area for which a licensed
Hauler provides Solid Waste Collection
and Transportation Services.
SITE: A spatial location.
SOLID WASTE: Garbage, Refuse, Construction and
Demolition Debris, sludge from a water
supply treatment plant or air contaminant
treatment Facility, and other discarded
waste materials and sludges, in solid,
semisolid, liquid, or contained gaseous
form, resulting from industrial, mining,
and agricultural operations and from Non-
Residential Property, and from community
activities. Solid Waste does not include
Hazardous Waste; animal waste, earthen
fill and rock; sewage sludge, industrial
waste water effluents, dissolved materials
in irrigation return flows, or nuclear
material.
SOLID WASTE DISPOSAL
FACILITY:
A Solid Waste Land Disposal Facility
within the County that is designed or
operated for the purpose of disposing of
Solid Waste on or in the land, together with
any appurtenant facilities.
SOLID WASTE
MANAGEMENT:
Activities that are intended to affect or
control the Collection, Transportation,
Processing, treatment, and Disposal of
waste.
TITLE 6 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 170
SOLID WASTE
MANAGEMENT
ACTIVITY:
An activity related to the storage,
Collection, Transportation, Processing or
reuse, conversion, or Disposal of Solid
Waste.
SOLID WASTE
MANAGEMENT
FACILITY:
A Solid Waste Land Disposal Facility, a
Construction and Demolition Debris Land
Disposal Facility, an Industrial Solid
Waste Land Disposal Facility, a Compost
Facility, a Transfer Station, a Solid Waste
Processing Facility, a Waste Tire Facility,
or a Recycling Facility.
SOLID WASTE
MANAGEMENT FEE:
A fee imposed by the County on a parcel in
order to pay for Solid Waste Management
Services of the County.
SOLID WASTE
MANAGEMENT PLAN:
Any Solid Waste Management Plan
developed, adopted, and approved by the
County.
SOLID WASTE
MANAGEMENTS
SERVICES:
All activities provided by the County, by
Persons under contract with the County, or
by other Persons that support the waste
management responsibilities, including,
but not limited to, waste reduction and
reuse; waste recycling; composting of
Yard Waste and food waste; Resource
Recovery through Mixed Municipal Solid
Waste composting or incineration; land
disposal; management of problem
materials and household hazardous waste;
Collection, Processing, and Disposal of
Solid Waste, Closure and post-closure care
of a Solid Waste Management Facility.
SOLID WASTE
PROCESSING FACILITY:
A facility for the treatment of Solid Waste
after collection.
SOURCE-SEPARATED: Mixed Municipal Solid Waste that is
separated at the source by Solid Waste
generators for the purpose of preparing it
for later Collection. It is then collected
separately from other Mixed Municipal
Solid Wastes, and can consist of either
Recyclable or Compostable materials.
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CHAPTER 5 (Revision: February 29, 2024) Page 171
SPECIAL WASTES: Non-hazardous Solid Waste that has been
prohibited from disposal with Mixed
Municipal Solid Waste or has had other
specific management requirements
prescribed by statute.
STATE: The State of Idaho.
TRANSFER STATION: A Facility operated by the County in which
Solid Waste collected from any source is
temporarily deposited to await
Transportation to another Solid Waste
Management Facility.
TRANSPORTATION OR
TRANSPORTS:
The conveying of Solid Waste from one
place to another with a Motor Vehicle.
UNACCEPTABLE WASTE: Those Solid Wastes that cannot be lawfully
accepted for management at a Solid Waste
Management Facility pursuant to local,
State and federal laws.
WASTE TIRE: A pneumatic tire or solid tire for motor
vehicles that has been discarded or that can
no longer be used for its original intended
purpose because of wear, damage, or
defect.
WASTE TIRE FACILITY: A Site where Waste Tires or tire derived
products are collected, deposited, stored, or
Processed.
YARD WASTE: Garden wastes, leaves, lawn cuttings,
weeds, and prunings generated at
Residential or Non-Residential Properties.
YARD WASTE FACILITY: A facility used to compost Yard Waste,
including but not limited to grass and
leaves.
(Ord. 198-10-15, 10/20/2015).
6-5-3: HAULER LICENSE REQUIRED. No Person shall engage in Solid Waste
Collection or Transportation in the City without first having obtained a Hauler License. In
particular, no person may Collect through routes, roll-offs, pick-up, drop off, nor Transport or
Dispose of Solid Waste generated within the City, except in full compliance with this Chapter after
having been granted a license to do so by the City as specified in this Chapter. This Chapter does
TITLE 6 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 172
not apply to Self-Haulers or to the Transportation of Solid Waste through the City, without
Collection of Waste from any Generator located within the City and without Disposing of Waste
within the City.
(Ord. 198-10-15, 10/20/2015).
6-5-4: LICENSE APPLICATION REQUIREMENTS. Haulers and prospective
haulers or applicants shall comply with the following license requirements.
(A) Application Requirements. The City Clerk shall provide an application form for a
License or License renewal under the provisions of this Chapter. The application shall not
be considered complete until the City Clerk has received all information, materials,
certificates of insurance, and fees required under this Chapter. If a License application is
incomplete or otherwise does not conform to the requirements set forth in this Ordinance,
the City Clerk shall advise the applicant of the reasons for non- acceptance and may request
that the applicant resubmit, modify, or otherwise alter the application. Each License
granted pursuant to the provisions of this Chapter shall expire on December 31st of each
calendar year, unless revoked earlier.
(B) License Fees. The Hauler and prospective haulers or applicants shall pay all License Fees
to the City Clerk with the initial License application or the License renewal application.
The initial application fee shall be $100.00, the renewal fee shall be $50.00, any re-
application (other than a renewal) shall be considered an initial application and charged the
initial application for of $100.00.
(C) Vehicles Licensed. All vehicles used for the Collection and Transportation of Solid Waste
and Recyclables in the City shall be listed on the license application. The applicant shall
specify the make, model, year, and license number of each vehicle. If a vehicle is put into
service during the license year, the Hauler shall promptly submit the required information
for the vehicle to the City Clerk.
(D) Recycling Services. If the Hauler wishes to offer Recycling Services, the Hauler shall
designate such intent in the application.
(Ord. 198-10-15, 10/20/2015); (Ord. 262-05-21, 5/19/2021).
6-5-5: REVIEW OF HAULER LICENSE APPLICATION. After accepting a
complete License application that includes all required information, the City Clerk shall schedule
the matter within 60 days for the City Council to either grant, grant with conditions, or deny the
License, subject to the applicant’s agreement to a longer time. If any applicant is denied a License,
the applicant shall be notified in writing of the reasons for the denial of the License. A denial shall
be without prejudice to the applicant’s right to file a further application after revisions are made to
meet objections specified as reasons for the denial.
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CHAPTER 5 (Revision: February 29, 2024) Page 173
(A) Operational Conditions. The Licensee shall comply with the operational conditions
stated in the License. Failure of the Licensee to comply with such operational conditions
is a violation of this Chapter and the Licensee is subject to the penalties provided herein.
(B) Contingent License or Special Conditions. A License may be granted that is contingent
upon compliance with special conditions specified in the License. Such conditions, if any,
shall be designed to promote the health, welfare and safety of the public pursuant to this
Chapter. Failure of the Licensee to comply with such special conditions is a violation of
this Chapter and is subject to the penalties provided herein.
(Ord. 198-10-15, 10/20/2015); (Ord. 262-05-21, 5/19/2021).
6-5-6: TERM OF HAULER LICENSE AND RENEWALS. The term and renewal of
a Hauler Licenses are governed by this section.
(A) Term of License. The term of a Hauler License granted pursuant to the provisions of this
Chapter shall be for up to one year, but shall in any event expire on December 31 of the
year the License is granted, unless sooner renewed, suspended or revoked.
(B) Renewal of License. Application for renewal of a License shall be made in writing to the
City Clerk by December 1st of the expiration year and shall be signed by an individual
authorized to act on behalf of and bind the Licensee. Application for a License renewal
shall contain a statement of any changes in the information submitted from the last
approved License application. Failure to submit such information is grounds for
revocation or for not granting renewal of the License. If there are no changes in the
Application information from the previous year, it shall be so stated in the renewal
application. An application for a License renewal may be approved by the City Clerk or
may be scheduled for consideration by the City Council in accordance with the procedures
for an initial License application under this Chapter.
(C) License Not Transferable. Licenses granted by the City under this Chapter, including
any renewals thereof, are not transferable to other Persons.
(Ord. 198-10-15, 10/20/2015); (Ord. 262-05-21, 5/19/2021).
6-5-7: HAULER INSURANCE REQUIREMENTS. The Hauler shall obtain,
maintain, and submit with the License application certificates of insurance issued by insurers duly
licensed by the State of Idaho providing the following coverage:
(A) Worker’s Compensation Insurance.
(1) Worker’s compensation insurance shall be in compliance with all applicable State
Statutes. Such policy shall include workers compensation liability coverage in such
amount(s) as are required by the State of Idaho.
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CHAPTER 5 (Revision: February 29, 2024) Page 174
(2) In the event a Licensee is exempt under state law from providing workers’
compensation insurance, the Licensee shall execute and submit to the City Clerk an
affidavit in a form acceptable to the City Clerk, attesting to the applicant’s
eligibility for such exemption.
(B) General Liability.
(1) Commercial General Liability Coverage, providing coverage on an “occurrence”,
rather than on a “claims made” basis, which policy shall include, but shall not be
limited to, coverage for bodily injury, property damage, personal injury, contractual
liability, independent Licensees, “XC&U” and products-completed operations
liability (if applicable). Such coverage may be provided under an equivalent policy
form (or forms), so long as such equivalent form (or forms) affords coverage that
is at least as broad. A“Comprehensive General Liability” policy that includes a
“Broad Form Endorsement” shall be considered to be an acceptable equivalent
policy form.
(2) The Licensee shall maintain at all times during the period of the license a total
combined general liability policy limit of at least $1,000,000 for each occurrence
and $2,000,000 aggregate, applying to liability for bodily injury, personal injury,
death and property damage, which total limit may be satisfied by the limit afforded
under its “Commercial General Liability” policy, or equivalent policy, or by such
policy in combination with the limits afforded by an “Umbrella” or “Excess
Liability” policy (or policies), provided, that the coverage afforded under any such
“Umbrella” or “Excess Liability” policy is at least as broad as that afforded by the
underlying “Commercial General Liability” policy (or equivalent underlying
policy).
(3) Such commercial general liability policy and “Umbrella” or “Excess Liability”
policy (or policies) may provide aggregate limits for some or all of the coverage
afforded there under, so long as such aggregate limits have not, as of the beginning
of the term or at any time during the term, been reduced to less than the total
required limits stated above, and further, that the “Umbrella” or “Excess Liability”
policy provides coverage from the point that such aggregate limits in the underlying
comprehensive general liability policy become reduced or exhausted.
(C) Automobile Liability. Business Automobile liability insurance shall be obtained and shall
cover liability for bodily injury, death and property damage arising out of the ownership,
use, maintenance, or operation of all owned, leased and hired automobiles and other motor
vehicles utilized by the Licensee in connection with performance under its license. Such
policy shall provide total liability limits for combined bodily injury and/or property damage
in the amount of at least $1,000,000 per accident, which total limits may be satisfied by the
limits afforded under such policy, or by such policy in combination with the limits afforded
by an “Umbrella” or “Excess Liability” policy(ies), provided, that the coverage afforded
under any such “Umbrella” or “Excess Liability” policy(ies) shall be at least as broad with
TITLE 6 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 175
respect to such business automobile liability insurance as that afforded by the underlying
policy. Unless included within the scope of the Licensee’s commercial general liability
policy, such business automobile liability policy shall also include coverage for motor
vehicle liability assumed under contract.
(D) Evidence of Insurance. A Licensee shall promptly provide the City Clerk with evidence
that the insurance coverage required hereunder is in full force and effect at least twenty
(20) days prior to the granting of a license by the City Clerk. At least thirty (30) days prior
to termination of any such coverage, Licensee shall provide the City Clerk with evidence
that such coverage will be renewed or replaced upon termination with insurance that
complies with these provisions. Such evidence of insurance shall be in the form of a
“Certificate of Insurance”, or in such other form as the City Clerk may reasonably request,
and shall contain sufficient information to allow the City Clerk to determine whether there
is compliance with these provisions. At the request of the City Clerk, the Licensee shall, in
addition to providing such evidence of insurance, promptly furnish the City Clerk with a
complete (and if so requested, insurer-certified) copy of each insurance policy intended to
provide coverage required hereunder. All such policies shall be endorsed to require that the
insurer provide at least a sixty (60) day notice to the City Clerk prior to the effective date
of policy cancellation, non-renewal, or material adverse change in coverage terms. The
Licensee’s insurance agent shall certify on the certificate of insurance, that he/she has
errors and omissions coverage.
(E) Insurer Policies. All policies of insurance required by this Chapter shall be issued by
financially responsible insurers licensed to do business in the State of Idaho. An insurer
with a current A.M. Best Company rating of at least A: VII shall be conclusively deemed
to be acceptable. In all other instances, the City Clerk shall have twenty (20) business days
from the date of receipt of a Licensee’s evidence of insurance to advise the Licensee in
writing of any insurer that is not acceptable to the City. If the City Clerk does not respond
in writing within such twenty (20) day period, the Licensee’s insurer(s) shall be deemed to
be acceptable to the City.
(Ord. 198-10-15, 10/20/2015).
6-5-8: EQUIPMENT STANDARDS.
(A) Equipment Requirements. All Solid Waste Collection and Transportation vehicles shall
be easily cleanable, leak-resistant, and shall be equipped with a cover comprised of metal,
canvas, or a fish-net type material capable of covering all Solid Waste while in transit.
(B) Maintenance. The Licensee shall maintain all Solid Waste Collection and Transportation
vehicles in a safe and sanitary manner, and provide brooms and shovels on each vehicle
for the purpose of cleaning up spilled material. All safety equipment including, but not
limited to, horns, lights, and reflectors shall be operable. Said vehicles shall comply with
all State of Idaho and Federal Department of Transportation regulations.
TITLE 6 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 176
(C) The Hauler shall also print or paint in legible characters the name and telephone number
of the Hauler on the driver’s and passenger’s side of all vehicles used to transport Solid
Waste and on each side of all containers used by the Hauler to store or collect Solid Waste.
Letters and numbers used for the Hauler’s name and telephone number shall be at least one
(1) inch high for all containers and vehicles.
(D) Inspection. All Solid Waste Collection and Transportation vehicles shall be subject to
random inspection by the City to determine compliance with this Chapter.
(Ord. 198-10-15, 10/20/2015).
6-5-9: STORAGE STANDARDS.
(A) Storage in Vehicles. The Hauler shall not allow Solid Waste to remain or be stored in or
on any Collection or Transportation vehicle (including roll-offs and other detachable
containers on vehicles), in excess of five days, except in the event of an emergency such
as inclement weather, equipment breakdown or accident. Any storage of Solid Waste in
containers must be done with a water impermeable cover.
(B) Storage Containers. The Hauler shall provide at least one Mixed Municipal Solid Waste
storage container to each of its customers. Such storage container shall be designed in a
manner as to prevent the release of Solid Waste to the environment and to preclude the
development of vector, odor, and Public Health Nuisance problems. The supplied
containers shall be reusable and rust, impact, vermin, and leak resistant. All supplied
containers shall include a moveable cover except for roll-off containers used to contain,
store or transport Construction or Demolition Debris or Industrial Solid Waste. Yard
Waste and/or Recyclable Materials storage containers shall be easily distinguishable from
Mixed Municipal Solid Waste storage containers.
(Ord. 198-10-15, 10/20/2015).
6-5-10: COLLECTION AND TRANSPORTATION STANDARDS. This section
governs the Collection, and Transportation of Solid Waste generated within the City, including but
not limited to Mixed Municipal Solid Waste, Yard Waste and Recyclable Materials. This section
also governs Curbside Collection and all Persons collecting and transporting Solid Waste within
the City.
(A) Hauler-Imposed Collection Fees.
(1) Haulers may offer to their customers a volume based fee for Solid Waste generated
at a Residential Building or at a Residential Property, by imposing charges for
collection of mixed municipal solid waste that increase with the volume or weight
of the waste collected, with the exception for fees charged for bulky items or
alternatively a fixed monthly fee for waste removal without regard to volume.
TITLE 6 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 177
(2) If Collection of Yard Waste or Recycling Services are provided, the Hauler-
imposed fee for such services shall be indicated as a separate line item on a
customer’s bill.
(B) Curbside Collection. Haulers must provide to all of their regular customers curbside or
roadside services for the Collection and Transportation of Mixed Municipal Solid Waste.
Haulers may also provide Collection services for Yard Waste or Recyclable Materials to
those Generators wishing to contract for such services and may charge a separate fee
therefor. Once Source-Separated by the Generator, Yard Waste and Recyclable Materials
shall not be combined with Mixed Municipal Solid Waste by the Hauler.
(C) Collection Frequency. Each Hauler shall collect Solid Waste from each customer
container no less than once a week in order to preclude the development of odor, vector
and Public Health Nuisance problems. Putrescible Materials shall be collected, at a
minimum, once a week unless on-site composted by the Generator. Haulers offering to
collect Recyclable Materials shall collect such materials no less frequently than once a
month.
(D) Prompt Transportation of Solid Waste. All Solid Waste collected by a Hauler shall be
promptly removed to the County Solid Waste Land Disposal Facility or other Solid Waste
management facility properly licensed by the County once the vehicle is full. In no event
shall Solid Waste be stored in a licensed vehicle of the Hauler for a period of more than
five (5) days within the City except for unanticipated vehicle break-downs, natural calamity
or disaster. No Hauler shall engage in Dumping within the City or County.
(E) Recyclables. Haulers offering Recycling Services as set forth in their Application, shall
comply with the following regulations regarding removal and transport of Recyclable
Materials:
(1) Haulers shall not mix Source Separated Recyclable Materials with Mixed
Municipal Solid Waste or handle Source-Separated Recyclable Materials in any
way that reduces the reusability or marketability of the Source Separated
Recyclable Materials.
(2) Haulers shall at least once each year provide specific written information
concerning the Recycling Opportunities available to their customers.
(F) Mixing of Wastes Prohibited. Haulers shall not knowingly mix in or knowingly accept
for Collection in the City of any Mixed Municipal Solid Waste that contains Contaminated
Material, Household Hazardous Waste, automobile batteries, mercury, flammable or
explosive materials or fluids or any material which is prohibited from being intermingled
with Solid Waste or Mixed Municipal Solid Waste by the State of Idaho or United States
government.
(G) Open Burning Prohibited. No Hauler shall engage in Open Burning within the City.
TITLE 6 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 178
(H) Securing of Loads. Any licensed Hauler who collects or transports Solid Waste shall do
so in a safe, sanitary and litter-free manner. The Hauler shall pack, cover, or secure all
loads between stops and before transport so as to prevent inadvertent escape of any Waste
or release into the environment. The Hauler shall promptly remove inadvertent littering or
spillage of Solid Waste as a result of the Hauler or the Hauler’s employees or agent’s
actions or inaction.
(Ord. 198-10-15, 10/20/2015).
6-5-11: OPERATIONAL STANDARDS.
(A) Protecting Private Property. The Hauler shall take reasonable care to prevent inadvertent
damage to the property of customers being served. The Hauler shall be responsible for any
damage or spillage of Solid Waste as a result of the Hauler or the Hauler’s employees or
agent’s actions or omissions. The Hauler shall promptly repair any damage to public or
private property caused by such inadvertent littering or spillage and any damage to the
customer’s Real Property or Personal Property or to any Real Property or Personal Property
owned or controlled by the City or signage of public facilities located within the public
right-of-way.
(B) Smoking, Smoldering or Burning Solid Waste. The Hauler shall not collect or transport
Solid Wastes that are smoking, smoldering, or burning.
(C) Dumping in an Emergency. The Hauler shall be responsible for the cleanup of any Solid
Waste that must be dumped because of an emergency. The operator of the vehicle shall
immediately notify the City Clerk of such Dumping and the appropriate law enforcement
agency and emergency service agency having jurisdiction over such Dumping. The
Haulers shall also clean up the area within a reasonable time limit set by the Director.
(D) Hours and Days of Operation. The Hauler may not collect or transport Solid Waste or
Recyclables from Residential Property or Residential Buildings before 7:00 a.m. or after
7:00 p.m., without prior written approval by the City Council. Collection of such Waste
or Recyclables shall not occur on any day of the week except Tuesday or on any
Wednesday where the preceding Tuesday is a legal holiday. Notwithstanding the
foregoing, the Council may proclaim a general state of emergency or severe weather
disruption, and in such event, collection or transportation may occur on any day specified
by the Council in such proclamation.
(Ord. 198-10-15, 10/20/2015).
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CHAPTER 5 (Revision: February 29, 2024) Page 179
6-5-12: REMEDIES.
(A) Any Hauler who fails to fully or timely discharge its duties under this Chapter is guilty of
an infraction for each day of violation and the Hauler may also be subject to license
revocation as provided below.
(B) Licenses issued under this Chapter may be revoked by the City Council upon competent
proof and evidence that such Hauler has failed to fully and timely discharge its duties under
this Chapter. Prior to such revocation the City Clerk shall mail a written Notice to the
Hauler advising of the proposed revocation and stating generally the reasons therefor. Such
Notice shall be delivered by certified mail, return receipt requested, postage prepaid and
addressed to the Hauler at the address specified on the Hauler’s application or any other
known address. Such Notice shall be delivered not less than twenty (20) calendar days
prior to the date when such action will be considered by the City Council.
(C) Prior to revoking the license, the Hauler, if present, shall be afforded an opportunity to
present testimony and evidence demonstrating why such license should not be revoked. At
the conclusion of the hearing, the City Council shall issue a written decision explaining the
facts and reasons for revoking or not revoking the license. Such written decision shall be
issued no later than thirty (30) days after conclusion of the hearing.
(D) Upon receipt of satisfactory proof that a Hauler has not discharged its duties under this
Chapter, the City Council may temporarily suspend the Hauler’s license upon a finding
that the Hauler’s continued operation within the City presents an immediate threat to the
public health, safety or welfare. Such revocation may be issued without prior notice to the
licensee, provided such temporary suspension shall not exceed a period of ten (10)
consecutive business days. Successive temporary suspensions shall not be made without
affording the licensee a hearing as provided in the preceding section.
(E) In the event a Hauler’s license is revoked, no new Hauler’s license shall, within a period
of one year thereafter, be issued to the licensee or any company controlled by the licensee
or having any common equity owner who held any interest in the licensee whose license
was revoked.
(Ord. 198-10-15, 10/20/2015).
TITLE 7 IONA CITY CODE
(Revision: February 29, 2024) Page 180
TITLE 7 Building Regulations
Chapter Subject
1 Health and Safety Codes
2 International Property Maintenance Code
3 International School Building Code
4 [Repealed]
5 [Repealed]
6 [Repealed]
7 [Repealed]
8 [Repealed]
9 [Reserved]
10 [Repealed]
11 [Repealed]
12 Building Conservation
TITLE 7 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 181
CHAPTER 1 Health and Safety Codes
SECTION:
7-1-1: Health and Safety Codes
7-1-2: Exemption of Agricultural Buildings
7-1-3: Amendments of Successive Versions of Such Codes
7-1-1: HEALTH AND SAFETY CODES. The following editions of certain recognized
health and safety codes, as currently adopted by the State of Idaho, are hereby adopted as the
official building codes of the City of Iona:
2018 International Building Code
2015 International Existing Building Code
2015 Idaho (Uniform) Plumbing Code
2015 IECC with 2012 amendments for Residential portion
2015 Idaho Fire Code
2017 National Electrical Code
2018 International Residential Code
2012 International Fuel and Gas Code
2012 International Mechanical Code
Such codes shall include all deletions, amendments, or revisions to such codes as set forth in Idaho
Code §§ 39-4109 and 39-4116, and the Idaho Administrative Rules promulgated by the State of
Idaho.
(Ord. 107, 12/19/2006); (Ord. 159-07-11, 4/19/2011); (Ord. 217-01-18, 1/16/2018); (Ord. 249-01-
21, 1/19/2021).
7-1-2: EXEMPTION OF AGRICULTURAL BUILDINGS. All buildings used solely
for agricultural purposes shall be exempt from the requirements of the codes adopted by this
chapter, to the extent required by Idaho Code § 39-4116(5).
(Ord. 217-01-18, 1/16/2018).
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CHAPTER 1 (Revision: February 29, 2024) Page 182
7-1-3: AMENDMENT OF SUCCESSIVE VERSIONS OF SUCH CODES. These
codes shall be deemed superseded by successive versions of such codes as they are adopted or
approved by the State of Idaho effective on the 1st day of January of the year following the date
any such codes are made effective for the State, unless a different date is required by state statute.
(Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 183
CHAPTER 2 International Property Maintenance Code
SECTION:
7-2-1: International Property Maintenance Code Adopted
7-2-2: Amendments to the International Property Maintenance Code
7-2-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED.
(A) International Property Maintenance Code Adopted. The International Property
Maintenance Code, 2003 Edition, published by the International Code Council, Inc., is
hereby adopted as an official code of the City, except the portions deleted, modified or
amended by the provisions of this chapter.
(B) Code on File. One (1) copy of the International Property Maintenance Code, 2003 Edition,
duly certified by the Clerk, shall be retained by the City Clerk for use and examination by
the public.
(Ord. 70, 4/16/1998); (Ord. 108, 12/19/2006).
7-2-2: AMENDMENTS TO THE INTERNATIONAL PROPERTY
MAINTENANCE CODE.
(A) Section 103.2 of the International Property Maintenance Code, 2003 Edition, shall be
amended to read as follows:
103.2 Appointment. The code official shall be appointed by the chief appointing
authority of the jurisdiction.
(B) Section 111.1 of the International Property Maintenance Code, 2003 Edition, shall be
amended to read as follows:
111.1 Application for appeal. Any person directly affected by a decision of the
code official or a notice or order issued under this code shall have the right to appeal
to the board of appeals, provided that written application for appeal is filed within
20 days after the day the decision, notice or order was served. An application for
appeal shall be based on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted.
(Ord. 70, 4/16/1998); (Ord. 108, 12/19/2006).
TITLE 7 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 184
CHAPTER 3 International School Building Code
SECTION:
7-3-1: Adoption of Codes for School Buildings
7-3-2: School Plan Review
7-3-3: Plan Review Fees
7-3-1: ADOPTION OF CODES FOR SCHOOL BUILDINGS. There are hereby
adopted as official building codes of the City of Iona, Idaho all of the International Building Codes
referenced in Idaho Code Section 39-4109, provided such Codes shall be applicable only to the
extent set forth hereinbelow with respect to the construction of any new school building or addition
or alteration to any existing school building which is estimated to cost in excess of $25,000. One
copy of each of such Codes shall at all times be maintained at the office of the City Clerk and one
copy shall be maintained at the office of the Planning and Building Department.
(Ord. 109, 12/19/2006).
7-3-2: SCHOOL PLAN REVIEW. It shall be unlawful for any school district to
advertise for any bid for the construction of any new school building or addition or alteration to an
existing school building located or to be located within the City and estimated to cost in excess of
$25,000, unless the plans have been first reviewed by the Building Official and approved in
accordance with the provisions of the International Codes adopted in Section 7-3-1 of this Chapter.
Nothing herein shall require the Building Official to inspect or otherwise enforce the provisions of
such Codes once such plan review has been completed and approval thereof given by the Building
Official.
(Ord. 109, 12/19/2006).
7-3-3: PLAN REVIEW FEES. Prior to and as a condition for the approval of such plans,
a school district seeking such plan review shall pay a plan review fee as set forth in the International
Building Code.
(Ord. 109, 12/19/2006).
TITLE 7 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 185
CHAPTER 4 [Repealed] (Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 186
CHAPTER 5 [Repealed] (Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 187
CHAPTER 6 [Repealed] (Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 188
CHAPTER 7 [Repealed] (Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 189
CHAPTER 8 [Repealed] (Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 190
CHAPTER 9 [Reserved]
TITLE 7 IONA CITY CODE
CHAPTER 10 (Revision: February 29, 2024) Page 191
CHAPTER 10 [Repealed] (Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 192
CHAPTER 11 [Repealed] (Ord. 217-01-18, 1/16/2018).
TITLE 7 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 193
CHAPTER 12 Building Conservation
SECTION:
7-12-1: Uniform Code for Building Conservation Adopted
7-12-1: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED.
(A) Uniform Code for Building Conservation Adopted. The Uniform Code for Building
Conservation, 1997 Edition, published by the International Conference of Building
Officials, is hereby adopted as an official code of the City, except the portions deleted,
modified or amended by the provisions of this chapter.
(B) Code on File. Three (3) copies of the Uniform Code for Building Conservation, 1997
Edition, duly certified by the Clerk, shall be retained by the City for use and examination
by the public. One (1) copy shall be filed in the office of the City Clerk. Two (2) Copies
shall be filed in the office of the Division of Planning and Building.
(Ord. 117, 12/19/2006).
TITLE 8 IONA CITY CODE
(Revision: February 29, 2024) Page 194
TITLE 8 Public Utilities and Property
Chapter Subject
1 Parks and City Property
2 Water Service
3 Public Right-of-Way Construction
4 Community Forestry
TITLE 8 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 195
CHAPTER 1 Parks and City Property
SECTION:
8-1-1: Definitions
8-1-2: Control of Pets
8-1-3: No Alcoholic Beverages Allowed
8-1-4: No Tobacco Products Allowed
8-1-5: Operation of Motor Vehicles
8-1-6: Commercial Activities in Parks
8-1-7: Park Grounds
8-1-8: Park Hours
8-1-9: Penalties
8-1-1: DEFINITIONS.
(A) Certain terms used in this Chapter shall have the meanings ascribed below.
(1) DESIGNATED AREA: A specific location within public property
that is delineated in its size/shape and
designated by the City with signage
specifically indicating that the use of
tobacco products is allowed within the
location.
(2) PUBLIC PARK: Public property that is intended to be used
for the enjoyment of the public and
including facilities and/or infrastructure to
facilitate rest and/or recreation, and
including trails that are only for pedestrians
(and exclude motor vehicles).
(3) PUBLIC PROPERTY: All real property owned by the City, except
any public way.
(4) PUBLIC WAY: A strip of land, being the entire width
between the boundary lines (i.e., measured
from property line to property line),
TITLE 8 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 196
occupied or intended to be occupied by a
road, alley, sidewalk, railroad, public
utility, or public access easement, other
than a public park.
(5) TOBACCO PRODUCT: Any (a) substance containing tobacco leaf
(including, but not limited to, cigarettes,
cigars, pipe tobacco, hookah tobacco,
snuff, chewing tobacco, dipping tobacco,
blunts, clove cigarettes, or any other
preparation of tobacco); (b) product or
device used to inhale or facilitate the
inhalation of vapor or aerosol (including,
but not limited to, electronic cigarettes or
e-cigarettes, vaping pens, e-liquids, and
vape cartridges); and/or (c) any product or
formulation of matter containing
biologically active amounts of nicotine that
is manufactured, sold, offered for sale, or
otherwise distributed with the expectation
that the product or matter will be
introduced into the human body by
inhalation. However, “tobacco product”
specifically excludes any cessation product
specifically approved by the U.S. Food and
Drug Administration for use in treating
nicotine or tobacco dependence.
(Ord. 282-10-22, 10/18/2022).
8-1-2: CONTROL OF PETS. Pet owners shall be responsible for their pets in all public
parks and must keep their pets under control, including (but not limited to) keeping pets on a leash
at all times while in a public park. Pet owners shall clean up after, remove, and properly dispose
of any waste left by their pets in all public parks. Further, all pets in public parks are also subject
to Chapters 3 and 4 of Title 5 of this Code (regarding the treatment of Animals and Dog Control).
(Ord. 282-10-22, 10/18/2022).
8-1-3: NO ALCOHOLIC BEVERAGES ALLOWED. No person shall sell, offer for
sale, consume, or open any alcoholic beverage in any public park, nor shall any person possess
any open container of any alcoholic beverage in any public park. Provided, however, that the City
TITLE 8 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 197
may, by resolution or other written agreement, allow alcoholic beverages to be sold, consumed,
and possessed in a specific public park for specific dates and times in association with an approved
event.
(Ord. 282-10-22, 10/18/2022).
8-1-4: NO TOBACCO PRODUCTS ALLOWED. No person shall sell, offer for sale,
consume, or open any tobacco product on public property outside of a designated area. Provided,
however, that the City may, by resolution or other written agreement, allow tobacco products to
be sold, consumed, and possessed in a specific public park or other specified portion of public
property for specific dates and times in association with an approved event.
(Ord. 282-10-22, 10/18/2022).
8-1-5: OPERATION OF MOTOR VEHICLES. No person shall operate any motorized
vehicle within any public park without the express written consent of the Mayor. Notwithstanding
the foregoing, employees, contractors, or agents of the City may reasonably and safely operate a
motorized vehicle owned by the City for City business (including maintenance) within any public
park.
(Ord. 282-10-22, 10/18/2022).
8-1-6: COMMERCIAL ACTIVITIES IN PARKS. No person shall sell or offer for sale
any good or service within a public park, nor shall any person operate or cause to be operated any
amusement ride, device, mechanical or electronic game or machine, show, or exhibit of any kind
in any public park. Provided, however, that the City may, by resolution or other written agreement,
allow certain commercial activities in a specific public park for specific dates and times in
association with an approved event.
(Ord. 282-10-22, 10/18/2022).
8-1-7: PARK GROUNDS.
(A) Planting or Removal of Plants. No trees, shrubs, vines, or other plants shall be planted
in any public park without the consent of the City. No trees, shrubs, vines, or other plants
shall be cut down or removed from any public park without the consent of the City.
(B) Damage to Park Grounds. No person shall damage, harm, or deface any City property
in any public park. Further, no person shall dig or excavate in any public park without the
consent of the City.
(Ord. 282-10-22, 10/18/2022).
TITLE 8 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 198
8-1-8: PARK HOURS. All public parks shall be closed daily from 12:00 a.m. to
5:00 a.m. All persons in any public park during any park closure without the express written
consent of the Mayor shall be considered trespassers.
(Ord. 282-10-22, 10/18/2022).
8-1-9: PENALTIES. A violation of any provision of this Chapter shall be an infraction.
(Ord. 282-10-22, 10/18/2022).
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 199
CHAPTER 2 Water Service
SECTION:
8-2-1: Purpose
8-2-2: Definitions
8-2-3: City to Have Exclusive Management and Control
8-2-4: Exclusivity of Water System
8-2-5: City Not Liable for Damages
8-2-6: Right to Turn Off Water
8-2-7: Mayor may Limit Use of Water
8-2-8: Water Meters
8-2-9: Equivalent Domestic User (or “EDU”) Classification
8-2-10: Inspection of Premises
8-2-11: Inspection of New Construction
8-2-12: Installation and Maintenance
8-2-13: Required Permits
8-2-14: Extension of Water Mains Within City
8-2-15: Extension of Water Mains Outside City
8-2-16: Customer Extension of Water Main
8-2-17: Arrangement of Service Pipes
8-2-18: Branch Service
8-2-19: Customer Line Maintenance
8-2-20: Fire Service Connection
8-2-21: Fire Hydrants
8-2-22: Water Service Outside City
8-2-23: Customer Accounts
8-2-24: Water System Connection Fee
8-2-25: Water System Capital Improvement Fund
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 200
8-2-26: Disbursement of Funds
8-2-27: Front Footage Connection Fees
8-2-28: Monthly Water Service Fee
8-2-29: Seasonal Water Service Charge
8-2-30: Multiple Service
8-2-31: Water Rates Outside City
8-2-32: Service Charges
8-2-33: Billing Administration
8-2-34: Waste Prohibited
8-2-35: Tampering Unlawful
8-2-36: Unlawful Contamination or Cross-Connections
8-2-37: Backflow Prevention Assemblies and Devices
8-2-38: Termination and Restoration of Water Service
8-2-1: PURPOSE. The purpose of this Chapter is to:
(A) Establish reasonable rules and regulations for the operation of the Water Department.
(B) To establish reasonable fees to be charged to customers receiving Water Service and
provide fair, orderly, and efficient procedures for collection and termination of delinquent
accounts.
(C) To establish a fair and equitable means of having persons who hook into and receive a
direct and immediate benefit from existing Water System by requiring them to participate
in the capital cost of water mains fronting upon their property and which have been
constructed at taxpayer expense or from revenues derived from the operation of the Water
System.
(D) To establish a fair and equitable charge for the actual cost of materials and labor expended
by the City whenever City crews install infrastructure to provide Water Service for a
Customer.
(E) To protect the public health and welfare by controlling cross-connections or other sources
or potential sources of contamination to the City water supply.
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 201
(F) To provide a clean, efficient and adequate water system for the residents of the City.
(Ord. 229-05-19, 5/21/2019)
8-2-2: DEFINITIONS.
(A) Certain terms used in this Chapter shall have the meanings ascribed below:
(1) APPLICANT: Any person who owns Customer Property
and, who (with respect to such Customer
Property) desires to become a Customer
and/or a Water User.
(2) BACKFLOW: The flow other than in the intended
direction of flow, of any non-potable
waters, foreign liquids, gases or harmful or
offensive substances into the City water
supply as a result of reduced, negative, or
back pressure.
(3) BACKFLOW PREVENTION
ASSEMBLY:
An apparatus that prevents Backflow that
is on the most current list of approved
backflow prevention assemblies certified
by the University of Southern California
Foundation for Cross-Connection Control
and Hydraulic Research.
(4) CLASSIFICATION: The classification of a Customer Property,
as specified in Section 8-2-9 of this Code,
for purposes of determining how many
Equivalent Domestic Users (or EDUs) are
associated with such Customer Property.
(5) CONNECTION FEE
CALCULATION DATE:
The date of any calculation of the Water
System Connection Fee undertaken
pursuant to Section 8-2-24 of this Code.
(6) CROSS-CONNECTION: Any physical arrangement whereby the
City water system is connected or
potentially connected with any other water
supply system, sewer, drain, conduit, pool,
storage reservoir or any other source of
water supply which contains or may
contain contaminated water, chemicals,
sewage or other waste or liquids which
may be harmful to human health or which
may deleteriously affect the City water
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 202
supply.
(7) CURB STOP: The Service Line valve owned by the City
and located near the property line of the
Customer Property.
(8) CUSTOMER: Any person who owns Customer Property
to which Water Service is actually
provided.
(9) CUSTOMER LINE: The water pipe, valves, and fittings laid on
the Customer Property from, but not
including, the Water Meter or (if there is no
Water Meter) the Curb Stop to the place,
location, building, structure, and/or
improvement provided with Water Service,
that is physically capable of being provided
with Water Service, or to which an
Applicant or Customer seeks to have Water
Service provided.
(10) CUSTOMER PROPERTY: The parcel of land on which is located any
place, location, building, structure, and/or
improvement provided with Water Service,
that is physically capable of being provided
with Water Service, or to which an
Applicant or Customer seeks to have Water
Service provided.
(11) EQUIVALENT DOMESTIC
USER (or EDU):
A hypothetical Customer Property with
needs for Water Service equivalent to one
residential unit.
(12) EQUITY BUY-IN
METHODOLOGY:
The methodology for calculating Water
Service Connection Fees as set forth in this
Chapter.
(13) EXISTING CUSTOMER: Any Customer whose Service Line was
connected to the Water System prior to the
relevant Collection Fee Calculation Date.
(14) FRONTAGE: The side of a parcel of land abutting on a
public street from which primary
pedestrian access to the street is made.
(15) GROSS SYSTEM VALUE: The total cost to duplicate all System
Assets including all design, engineering
and construction costs associated
therewith; minus any accrued depreciation
on the System Assets; plus all System Cash
Revenues held in the City Water System
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 203
Capital Improvement Fund, all as
determined according to generally
accepted engineering and accounting
practices.
(16) MONTHLY WATER SERVICE
FEE:
The monthly fee charged pursuant to
Section 8-2-28 of this Code for Water
Service.
(17) MONTHLY WATER SERVICE
RATE:
The monthly charge per EDU for Water
Service, which shall be specified from time
to time by Resolution of the Council.
(18) NET SYSTEM VALUE: The Gross System Value minus any
Outstanding System Indebtedness.
(19) NEW CUSTOMER: Any Applicant or Customer who connects
a Service Line (or who desires to connect a
Service Line) to the Water System after the
relevant Collection Fee Calculation Date.
(20) OPEN HOSE: The use of water through a hose without a
nozzle or other pressure-limiting device or
assembly.
(21) OUTSTANDING SYSTEM
INDEBTEDNESS:
The aggregate unpaid principle balance of
any indebtedness attributable to any bond
or loan secured, obtained or issued by the
City for the purpose of constructing
System Assets, or for the purpose of
enlarging, expanding or rehabilitating such
improvements as such indebtedness exists
at the time of any Connection Fee
Calculation Date.
(22) SERVICE CHARGE: The charge specified in Section 8-2-32(A)
of this Code.
(23) SERVICE LINE: The water pipe, valves, and fittings laid
from a Water Main to the Water Meter (if
present on the particular Customer
Property), or (if there is no Water Meter on
the particular Customer Property) the Curb
Stop.
(24) SYSTEM ASSETS: All of the Water Mains, Service Lines,
distribution lines, water lines, water pipes,
connections, Curb Stops, Water Meters,
water tanks, water pumps, backhoes, motor
vehicles, equipment, inventory, supplies,
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 204
insurance, agreements, water rights and
permits, and other real or personal property
of any kind together with other
appurtenances owned or operated by the
City, used (in whole or in part) for the
purpose of providing domestic or culinary
water to Customer Property or for the
purpose of providing the operation and
maintenance of such property.
(25) SYSTEM CAPACITY: The total number of Equivalent Domestic
Users (or EDUs) that may be reasonably
and prudently served by the Water System
at the time of a Connection Fee Calculation
Date, as calculated and determined in
accordance with sound and generally
accepted engineering principles.
(26) SYSTEM CASH RESERVES: All cash revenues and reserves held or
controlled by the City in the City Water
System Capital Improvement Fund.
(27) SYSTEM ENHANCEMENTS: Any improvement, expansion, increase in
capacity, or enhancement of any System
Asset or any new System Asset added to
the Water System installed, purchased, or
otherwise acquired solely for the use of the
Water System.
(28) WATER DEPARTMENT: The City’s Public Works Department.
(29) WATER MAIN: Water pipe, valves, and fittings laid in a
street, road, alley, or easement within the
City or within an easement controlled by
the City or pursuant to a permit or license
issued to the City.
(30) WATER METER: A water meter, i.e., the device (of whatever
configuration) that measures water flow
and/or usage, as well as its enclosure,
valve, and related appurtenances.
(31) WATER SERVICE: The supply and provision of water from the
Water System.
(32) WATER SYSTEM: All of the System Assets necessary to
properly supply, provide, and distribute
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 205
domestic or culinary water to Customer
Property.
(33) WATER SYSTEM BOND: Any bonded indebtedness issued for the
purpose of constructing, enlarging,
rehabilitating, or expanding the capacity of
the Water System.
(34) WATER SYSTEM LOAN: Any loan, the proceeds of which were used
to construct, enlarge or increase Water
System capacity or to rehabilitate any
portion of the Water System.
(35) WATER USER: Any person—regardless of whether such
person is a property owner, landlord,
tenant, agent, or otherwise—who receives
Water Service or who has the ability to
receive Water Service on a Customer
Property.
(Ord. 215-08-17, 8/15/2017); (Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019);
(Ord. 293-08-23, 8/15/2023).
8-2-3: CITY TO HAVE EXCLUSIVE MANAGEMENT AND CONTROL. The City
shall have exclusive control and management of the Water System and shall have exclusive
management and control of the supply and distribution of water to the inhabitants thereof. The
City may make such rules and regulations as are necessary for the complete management, control,
distribution, and supply of water within and without the City.
(Ord. 229-05-19, 5/21/2019).
8-2-4: EXCLUSIVITY OF WATER SYSTEM.
(A) Granting of Franchise Prohibited. No person shall be granted any franchise or permit to
furnish or supply any inhabitant within the boundaries of the City any water for domestic
or culinary use or for sprinkling of lawns and gardens within any portion thereof where the
Water Mains have been extended or may hereafter be extended so as to supply said property
with water.
(B) Private Emergency Wells. Notwithstanding the foregoing, each property or lot within the
City may construct one private emergency well, subject to the following provisions:
(1) Definition of Emergency. As used in this section, “emergency” means any sudden
and unforeseen condition in relation to the Water System that constitutes a clear
and present danger to life, health, or property. “Emergency” specifically does not
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 206
include any condition precipitated by intentional actions of the City taken in
accordance with the provisions of this Chapter, including (but not limited to)
Section 8-2-6, 8-2-7, and 8-2-33.
(2) Restrictions. Every private emergency well shall be subject to the following
restrictions:
(a) The well is only for use in an emergency and may not be connected to the
primary building on the property to provide water for domestic or culinary
uses, including the irrigation or sprinkling of lawns, gardens, or plants.
(b) The well may not be connected in any way to the Water System.
(c) Because the well may not be considered an accessory or other use of
property, the property on which the well is located must be located in a zone
that specifically allows for private wells (e.g., as a permitted use or
conditional use, subject to other applicable law) and the well itself must
comply with all applicable zoning requirements (for example, setbacks).
(d) The well must comply with all applicable laws, including the regulations of
the Idaho Department of Water Resources and the Idaho Department of
Environmental Quality.
(e) The property owner must obtain and maintain a permit from the City for the
well.
(3) Application for Permit. Any property owner desiring a well permit in accordance
with this subsection (B) must submit an application containing the property owner’s
name and contact information; the property’s address and legal description; the
zone in which the property is located; the name and contact information of the
person constructing the well; the details of the well itself; evidence of the property
owner’s compliance with any requirements of the Idaho Department of Water
Resources and/or the Idaho Department of Environmental Quality; a visual
depiction (or site map) of the property showing the location of the well, any
infrastructure relating to the well, utility easements on the property, other buildings
on the property, and any other details relevant to the well; consent to an initial and,
thereafter, annual site inspection of the well; and any other details necessary to
evaluate the safety of the well. A non-refundable application fee in the amount of
$100 shall be paid at the time the application is submitted.
(4) Site Inspection. Once the application is submitted, the City will conduct a site
inspection to verify the details of the application and the well’s compliance with
this subsection (B). This inspection shall be in addition to any other inspection
required under the circumstances of the well (for example, building inspections).
(5) Permit Approval and Annual Re-Inspection. After the site inspection if the City
determines that the well complies with all the requirements of this subsection (B),
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 207
the City personnel who conducted the site inspection may approve the application,
issue a permit, and inform the Mayor and the City Clerk. After a permit is issued,
the City may inspect the well no more than annually, after providing reasonable
notice to the property owner. The failure to allow such annual inspection shall be
cause for the City to revoke the permit and require the property owner to remove
the well and completely fill in and remediate the location of the well in accordance
with state statutes.
(Ord. 229-05-19, 5/21/2019); (Ord. 253-03-21, 3/16/2021); (Ord. 261-04-21, 4/20/2021).
8-2-5: CITY NOT LIABLE FOR DAMAGES. The City shall not be liable for damages
caused by interruptions of water supply, scarcity of water, accidents to water works or mains or
during the time of alterations, additions, or repairs or for any other unavoidable causes. Nothing
herein is intended to create any private duty to any Customer or create a private right of action
against the City, on account of any failure by the City or its officers, agents, or employees to
provide water service or comply with the provisions of this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-6: RIGHT TO TURN OFF WATER. The City may turn off water within the Water
System when deemed necessary to maintain or repair the Water System (or any portion thereof),
when ordered to do so by the Mayor or Council, or as otherwise specified in this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-7: MAYOR MAY LIMIT USE OF WATER. In times of, or in anticipation of,
scarcity of water, or when the Water Department is unable to furnish a sufficient supply of water,
the Mayor may, by public proclamation, limit the use of water to such extent as may be necessary
for the public good. Such proclamation shall be published in two consecutive issues of the official
newspaper, or conspicuously posted in two or more public places within the City, and after such
publication or posting, the proclamation shall have the same force and effect as a City ordinance.
(Ord. 229-05-19, 5/21/2019).
8-2-8: WATER METERS.
(C) Authority to Place Meter. The City may, at its sole discretion, place a Water Meter on
any Service Line and change the method of billing from a flat rate to a metered rate.
(D) Ownership of Meters. All Water Meters installed by the City shall remain the property
of the City and may be removed or replaced by the City at any time.
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 208
(E) Maintenance of Meters. The City shall maintain and repair all Water Meters that are
owned by the City. Where replacement, repair, or adjustment of any Water Meter is
rendered necessary by the act, neglect, or carelessness of the Customer or Water User on
any Customer Property, any expense incurred by the City thereby shall be charged against
and collected from the Customer who owns such Customer Property or Water Meter, and
Water Service may be discontinued until the Water Meter is repaired, replaced, or adjusted.
(F) Meters; Location and Access. Water Meters shall be located near the property line of the
Customer Property or within the structure to which Water Service is provided. The
Customer shall keep the area adjacent to the Water Meter free from trees, shrubbery, or
other obstructions and shall allow the City access to the Water Meter during normal
working hours of any day of the week.
(Ord. 229-05-19, 5/21/2019).
8-2-9: EQUIVALENT DOMESTIC USER (OR “EDU”) CLASSIFICATION. All
Customer Properties that are not billed at a metered rate will be subject to Classification as to the
number of EDUs necessary to provide Water Service to such Customer Property. The
Classification of a Customer Property determines the number of EDUs associated with the
Customer Property, which is used in determining the Monthly Water Service Fee for such
Customer Property due from the Customer. Customer Properties are Classified pursuant to the
following chart:
CLASSIFICATION NUMBER OF EDUs
Single Dwelling Unit (per residence, apartment unit, mobile
home, or trailer)
1.00
Assembly Hall or Lodge (no café) 1.00
Bar or Tavern (per seat) 0.06
Barber and Beauty Shops (per chair) 0.50
Bowling Alley (per lane) 0.50
Café, up to 50 seats–
(additional for each additional 25 seats)
2.00
1.00
Car Wash (per stall) 2.00
Clinic and Hospitals (no beds)
(additional for each bed)
2.00
0.50
Commercial Food Preparation 2.00
Churches (single congregation)
(additional for each additional congregation)
2.50
2.50
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 209
CLASSIFICATION NUMBER OF EDUs
(additional for kitchen) 1.00
Garage or Maintenance Shop 1.00
Hotels and Motels
(per unit with showers)
(per unit without showers)
(additional per unit with kitchen)
0.46
0.33
0.20
Bunkhouse with showers
(without showers)
0.46
0.33
Laundromat, up to 10 washers
(additional for each additional washer)
4.00
0.30
Office, up to 20 employees
(additional for each additional employee)
1.00
0.03
Dry Store, up to 20 employees
(additional for each additional employee)
1.00
0.03
Grocery Store
(additional if butcher shop included)
2.00
1.00
Service Station with Public Restrooms
(without Public Restrooms)
2.00
1.00
Showers and bathrooms (per average person per day) 0.12
School (no cafeteria) per student and employee
(with cafeteria per student and employee)
0.03
0.05
Trailer Parks
(per Permanent Resident Trailer)
(per Overnight Trailer without showers)
(per Overnight Trailer with showers)
(Dump Station)
1.00
0.33
0.46
4.00
Swimming Pools (per average person per day) 0.06
Public Restrooms per toilet, urinal, etc. 0.10
Such chart has been taken from a user rate comparison chart, provided to the City by engineering
staff and created in accordance with generally accepted engineering principles, based on
information from the United States Geological Survey and the United States Environmental
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Protection Agency, which the Council finds to be credible and a reasonable method (in the absence
of meters) for allocating fees in relation to usage
(Ord. 229-05-19, 5/21/2019).
8-2-10: INSPECTION OF PREMISES. Free access for inspection shall, upon such
reasonable notice as the circumstances permit, be allowed to all persons authorized by the City to
enforce the provisions of this Chapter, to all Customer Property. Inspections by City or its
authorized agent may be made of any existing Customer Property. The City’s agent shall inspect
any Customer Property if there is cause to believe that a Cross-Connection exists or that a
Backflow Prevention Assembly should be installed pursuant to this Chapter. Whenever a Cross-
Connection or other source of contamination to the water supply is found, or it is determined that
a Backflow Prevention Assembly is necessary, the City shall immediately terminate Water Service
to such Customer Property and the Water Service shall not be resumed until the Cross-Connection
or source of contamination is eliminated or an appropriate Backflow Prevention Assembly has
been installed in accordance with this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-11: INSPECTION OF NEW CONSTRUCTION. No place, location, building,
structure, and/or improvement shall be connected to the Water System unless such place, location,
building, structure, and/or improvement has been inspected by the City or its agent and found free
of any Cross-Connection or other conditions for which a Backflow Prevention Assembly is
required by this Chapter.
(Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019).
8-2-12: INSTALLATION AND MAINTENANCE. All Water Mains and all Service
Lines and other connections from the Water Main up to and including the Water Meter and/or
Curb Stop shall be maintained, owned, and exclusively controlled by the City. Service Lines shall
be installed at the sole expense of the Customer served by such Service Line. Such Customer shall
also be responsible for all costs to install the Service Line and to repair damage caused by such
connection to the street, sidewalk, Service Line, Water Main, or any other public facilities or
infrastructure.
(Ord. 229-05-19, 5/21/2019).
8-2-13: REQUIRED PERMITS.
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(A) Permits and Fees. It shall be unlawful to install, alter, or connect any Water Service
without first obtaining a permit from the City and paying all of the required fees set forth
in this Chapter. Applications for Water Service shall be made at the office of the City Clerk.
(B) Permit to Excavate. No person shall dig into or under any public right-of-way, street, or
public sidewalk for the purpose of laying, removing, or repairing any Water Main, Service
Line, or Customer Line without first obtaining a permit from the City. If any private person
desires to perform any work relating to the Water System or Water Service that requires
excavation within a public right-of-way, such person shall obtain a public right-of-way
permit under Chapter 3 of this Title, in addition to any permit required hereunder.
(C) Permit to do Plumbing. No plumber or other person shall, without first obtaining a permit
from the City:
(1) make any connections to a Water Main or Service Line;
(2) make alterations in any conduit, pipe, or other fixture connecting to any Water Main
or Service Line;
(3) connect pipes where they have been disconnected; or
(4) turn water off or on at a Curb Stop supplying any premises.
(D) Permit for Lawn Sprinkler System. No person shall install, construct, or connect any
lawn sprinkler system, pump, or device to the Water System, without first obtaining a
permit therefor from the City Clerk. Such person shall pay a permit fee in the amount of
$65.00 and shall complete an application for such installation. The application shall
include:
(1) the name, address, and telephone number of the installer;
(2) if a professional installer will be utilized, the contractor’s license number of the
professional installer; and
(3) a detailed description of the lawn sprinkler system to be installed, including the
specific location and configuration of all Backflow Prevention Assemblies and
devices installed in conjunction therewith
(Ord. 89, 10/09/2002); (Ord. 177-08-13, 8/20/2013); (Ord. 229-05-19, 5/21/2019).
8-2-14: EXTENSION OF WATER MAINS WITHIN CITY. The City may extend
Water Mains within the City at City expense whenever, in the City’s sole discretion, such extension
is necessary for the health, welfare, or safety of Customers or the residents of the City, provided
however nothing herein shall require that such extension be made at City expense. The City may
require any person desiring Water Service to install a Water Main along the entire Frontage of
such person’s property at the expense of such person.
(Ord. 229-05-19, 5/21/2019).
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8-2-15: EXTENSION OF WATER MAINS OUTSIDE CITY. Water Mains shall not
be extended outside the boundaries of the City unless adequate excess water is available for such
service and the Council approves of such extension.
(Ord. 229-05-19, 5/21/2019).
8-2-16: CUSTOMER EXTENSION OF WATER MAIN. The Customer or Applicant
shall be responsible for the costs of extending the Water Main to the Customer Property, provided
however the City may by written agreement agree to collect a portion of such costs from any other
Customer who subsequently connects to such Customer-supplied Water Main.
(Ord. 229-05-19, 5/21/2019).
8-2-17: ARRANGEMENT OF SERVICE PIPES. The Service Lines must be so
arranged that the water supply to each building, place of business, or tract of land shall be
controlled by a separate curb stop placed near the property line, unless permission for a different
arrangement is first authorized in writing by the City.
(Ord. 229-05-19, 5/21/2019).
8-2-18: BRANCH SERVICE. No Service Line or connection serving more than one
Customer Property shall be made. Where an existing Service Line or connection provides service
to multiple Customer Properties, the City may terminate Water Service until a separate Service
Line or connection for each Customer Property is provided at the Customer’s expense. If the City
does not terminate Water Service to such existing services, the established rate shall be charged
for each Customer Property receiving Water Service from the existing Service Line or connection.
(Ord. 229-05-19, 5/21/2019).
8-2-19: CUSTOMER LINE MAINTENANCE. All water users shall at their own
expense keep their Customer Lines, connections, and other apparatus in good repair and in a
condition that avoids waste of water. Customer Lines that become frozen are the responsibility of
the Customer, provided the City may thaw the same and charge the Customer for the fair and
reasonable costs therefor.
(Ord. 229-05-19, 5/21/2019).
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8-2-20: FIRE SERVICE CONNECTION. All fire service connections between Water
Mains and property lines shall be installed and maintained by the City, at the expense of the owner
or occupant of the premises served, and shall be the property of the City. At the time of making
application for Water Service the Applicant shall file with the City detailed plans showing all
piping installed or to be installed for fire protection, all fire gates, automatic sprinklers, and all
other outlets, gates, or appurtenances. Each fire service connection shall have a gate valve with
an adequate valve box installed between the main and the property line of the premises served. No
fire service connection larger than six inches shall be installed without the advance written
permission of the Council. Upon receipt of such application, the City shall determine the cost for
the installation of such service, taking into consideration the length and size of pipe and the
condition of street and sidewalk, all relative to the character of service, and such cost shall be paid
by the Applicant before such installation is made. No Customer receiving Water Service shall use
a fire service connection for any purpose other than for fire protection. If the City finds a fire
connection is being used for any purpose other than for fire protection upon any premises, the
owner or occupant shall be notified and if such improper conditions are not corrected within ten
(10) days, Water Service to the entire premises may be shut off until proper adjustments are made.
(Ord. 229-05-19, 5/21/2019).
8-2-21: FIRE HYDRANTS. All public fire hydrants shall be maintained by the Water
Department. All paid or volunteer firefighters shall have free access to such hydrants. No other
person shall draw or attempt to draw any water from a fire hydrant unless such person has the
written permission of the City. The City may assess an equitable charge for water drawn from a
fire hydrant. In addition, any unauthorized use of a fire hydrant, including drawing or attempting
to draw water from a fire hydrant, is an infraction.
(Ord. 229-05-19, 5/21/2019).
8-2-22: WATER SERVICE OUTSIDE CITY. Water Service to any Customer Property
that is located outside the boundaries of the City shall not be provided unless a written service
contract has been executed between the City and the Customer or Applicant. Agreements
pertaining to Water Service for Customer Property located outside the City shall (a) specifically
reserve to the City the right to terminate such Water Service without cause at any time upon at
least thirty days’ advance written notice and (b) require that, prior to the commencement of Water
Service, the Customer or Applicant to execute for recordation a consent to annexation when the
Customer Property becomes contiguous to the City, which consent shall be recorded by the City.
(Ord. 229-05-19, 5/21/2019); (Ord. 301-02-24, 2/27/2024).
8-2-23: CUSTOMER ACCOUNTS. All fees, charges, and other amounts due under this
Chapter in relation to any Customer Property shall be the obligation of the Customer, regardless
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of whether the Customer is the actual Water User and regardless of any arrangement between the
Customer and Water User. If a Water User, who is not the owner of the Customer Property and
therefore is not the Customer, establishes an account in relation to such Customer Property, the
Water User must act as the authorized agent of the Customer and with the Customer’s written
approval.
(Ord. 229-05-19, 5/21/2019).
8-2-24: WATER SYSTEM CONNECTION FEE. For purposes of furthering the Equity
Buy-In Methodology, the City establishes a Water System Connection Fee, imposed pursuant to
this Section.
(A) Findings.
(1) The City owns and operates the municipal Water System and System Assets
necessary to provide a sanitary, efficient, and satisfactory water supply system to
Customers. The City has also established a Water System Capital Improvement
Fund into which revenues derived from the operation of the System are deposited
and from which all enterprise expenses are paid. A portion of the fund balance in
such Water System Capital Improvement Fund is comprised of System Cash
Reserves and a depreciation account sufficient to maintain the financial integrity of
the System. All the System Assets were acquired with revenues derived from
providing Water Service, ad valorem tax revenues, state and federal grants, and
private “in lieu” grants or donations.
(2) Whenever an Applicant connects to the Water System and becomes a New
Customer, he or she receives the benefit of the Net System Value. The Net System
Value is not considered in establishing the Monthly Water Service Rate or Monthly
Water Service Fee charged to Customers pursuant to Section 8-2-28 of this Code,
except to the extent necessary to pay debt service for indebtedness incurred to
construct System Enhancements.
(3) The Water System has the capacity to provide Water Service to a finite number of
Customers in terms of cumulative capacity as well as peak demand, which capacity
is a function of the limits set forth in the City’s water rights and permits, as well as
the mechanical capacity of the City to maintain satisfactory flow and pressure in
the Water System, as necessary to provide for the health, safety, and welfare of the
Customers and City residents. Whenever a New Customer connects to the System
or whenever an Existing Customer enlarges his or her Service Line, such
connection or enlargement diminishes the total capacity of the System to maintain
adequate pressure and water supply.
(4) The establishment of a System Water Connection Fee will provide a means for a
“buy-in” of system equity by New Customers who connect to the Water System or
by Existing Customers who enlarge their existing water service connections.
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(5) In Loomis v. City of Hailey, 119 Idaho 434, 807 P.2d 1272 (1991), the Idaho
Supreme Court recognized that the Idaho Revenue Bond Act (Idaho Code § 50-
1027, et seq.) authorizes collection of water and sewer connection fees as long as
such fees are allocated and budgeted in conformity with the Idaho Revenue Bond
Act and are not established primarily for the purpose of raising revenue.
Specifically, the Court recognized that a city ordinance authorizing the collection
of “equity buy-in” water and sewer service connection fees from new users based
upon a formula which defines the current value of the system and fairly apportions
a share of such value to the new user, was reasonable and did not require a new user
to pay an excessive amount such as would constitute an unlawful tax.
(6) This holding in Loomis, subsequently approved of in Viking Construction, Inc. v.
Hayden Lake Irrigation District, 149 Idaho 187, 233 P.3d 118 (2010) and North
Idaho Building Contractors Association v. City of Hayden, 158 Idaho 79, 343 P.3d
1086 (2015), forms the basis for the Equity Buy-In Methodology employed by the
City. As explained there, for cities, “the cost approach is the most feasible method
for valuation [of a municipal utility system]. Under that method, value is based
upon the estimated cost of duplicating the improvements to the real property, minus
accrued depreciation, plus the value of the land, if any.” North Idaho Building
Contractors Association, 158 Idaho at 82, n. 2, 343 P.3d at 1089, n. 2.
(7) Customers who connect to a City-owned Water Main located immediately adjacent
to their property receive a direct benefit from such Water Mains and such benefit is
directly proportional to the length of the frontage of the Water Main along their
property. Whenever such Water Mains are constructed at private expense or are
donated to the City, the City may enter into reimbursement agreements with such
private donors in order to allow such donors to recover a proportionate share of the
costs of construction of such water mains, proportional to the length of frontage
owned by such subsequent Customer along such Water Mains. However, the costs
of such privately funded Water Mains is not included in the methodology used to
calculate the Water System Connection Fee contemplated by this Chapter.
(B) Imposition of Water System Connection Fee. No Applicant or New Customer shall
connect to a City-owned Water Main, Service Line, Curb Stop, or Water Meter, nor shall
an Existing Customer enlarge an existing Customer Line or Service Line connected to a
Water Main, Curb Stop, or Water Meter, unless he or she has first paid a Water System
Connection Fee, as established pursuant to this Section, in relation to each Customer
Property to be connected or the Service Line of which is to be enlarged. Such Water
System Connection Fee shall be collected by the City Clerk at the time a building permit
is issued for any structure utilizing such connection or, if no building permit is required,
then prior to the issuance of a permit under Section 8-2-13 of this Code. The amount of
such Water Service Connection Fee shall be calculated in accordance with the
methodology set forth in this Chapter. Notwithstanding the foregoing, no Water System
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Connection Fee shall be required if the connection is made or required solely for the
purpose of providing fire protection capacity.
(C) Methodology. The amount of the base Water Service Connection Fee at any applicable
Connection Fee Calculation Date shall be calculated by dividing the Net System Value by
the System Capacity. This base Water Service Connection Fee shall be adjusted as set
forth in Subsection (D) of this Section, as applicable to the particular Customer Property
of the New Customer, or adjusted as set forth in Subsection (E) of this Section, as
applicable to an Existing Customer making any changes to their Service Line. Once the
amount of the base Water Service Connection Fee has been determined by using such
methodology, the City shall adopt a Resolution setting forth the amount of such base Water
Service Connection Fee to be charged until a new connection fee is calculated on the next
Connection Fee Calculation Date.
(D) Fee Adjustments based on Service Line for New Customers. For purposes of
calculating the Water Service Connection Fee for each Customer Property of a New
Customer, the relevant fee shall be adjusted as specified in this subsection.
(1) If the desired Service Line is one inch (or less) in diameter, no adjustment is
necessary.
(2) If the desired Service Line is more than one inch in diameter, but less than or equal
to two inches in diameter, the Water Service Connection Fee shall be increased by
the increase in cost to the City from the cost of a one-inch Service Line, as estimated
in a fair and equitable manner by the Water Department as of the date of the request.
(3) If the desired Service Line is greater than two inches in diameter, the Water Service
Connection Fee shall be increased by an amount determined by the Water
Department, with the written agreement of the Council.
(E) Fee Adjustments for Existing Customers changing their Service Line. For purposes of
calculating the Water Service Connection Fee for the Customer Property of an Existing
Customer who desires to enlarge or expand the size of his or her existing Service Line
Connection, the relevant fee shall be adjusted as specified in this subsection.
(1) The base Water Service Connection Fee for the Existing Customer’s current
Service Line is calculated in accordance with Subsection (D), above.
(2) Then, the base Water Service Connection Fee for the proposed enlarged or
expanded Service Line is calculated in accordance with Subsection (D), above.
(3) The adjusted fee is the result of the fee calculated in paragraph (E)(2), minus the
fee calculated in paragraph (E)(1), above.
(Ord. 103, 12/14/2005); (Ord. 135-9-08, 4/15/2008); (Ord. 215-08-17, 8/15/2017); (Ord. 229-05-
19, 5/21/2019); (Ord. 293-08-23, 8/15/2023).
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8-2-25: WATER SYSTEM CAPITAL IMPROVEMENT FUND. A Water System
Capital Improvement Fund is hereby established into which all revenues derived from Water
System Connection Fees collected pursuant to Section 8-2-24 of this Code shall be deposited.
Expenditures from this Fund shall be made only for the purposes set forth in Section 8-2-26 of this
Code, when authorized by the Council. In no event shall any of the revenues so collected be used
for General Fund purposes, operational expenses of the Water System (e.g., utility costs, labor
costs or administrative expense), or for any purpose unrelated to the maintenance of the Water
System or the development, expansion, or rehabilitation thereof.
(Ord. 215-08-17, 8/15/2017); (Ord. 229-05-19, 5/21/2019).
8-2-26: DISBURSEMENT OF FUNDS. Disbursements may be made from the Water
System Capital Improvement Fund for the following purposes only:
(A) Construction and installation of City water wells, water tanks, pumps, electrical panels,
water lines, and appurtenances.
(B) Construction, installation and extension of City Water Mains and Service Lines, including
costs of construction of mains with excess capacity.
(C) Payment of principal and interest on any Water System Loan, Water System Bond, or other
bond issued by the City to defray the cost of construction, extension, or betterment of the
Water System of System Assets.
(D) Reimbursement of front footage connection fees, described in Section 8-2-27 of this Code,
to any person who has constructed that portion of a Water Main for which a front footage
connection fee has been charged by the City, provided a reimbursement agreement has
been approved by the Council and executed by the person.
(E) Repair, maintenance, rehabilitation, and enlargement of any capital improvement of the
Water System or System Assets.
(F) Purchase of motor vehicles, backhoes, and other mechanical equipment used primarily for
the maintenance, repair, enlargement, or improvement of the Water System or System
Assets.
(Ord. 215-08-17, 8/15/2017); (Ord. 229-05-19, 5/21/2019).
8-2-27: FRONT FOOTAGE CONNECTION FEES. Before connecting to any portion
of a public Water Main constructed at the sole expense of a private person or entity, any person
desiring such connection shall pay, in addition to the Water System Connection Fee described in
Section 8-2-24 of this Code, a Front Footage Connection Fee of thirty dollars per foot of Frontage
of the property to be served by such Water Main. Notwithstanding the foregoing, no Front Footage
Connection Fee shall be charged to the private person who constructed such portion of the Water
Main. If any person constructs a Water Main entirely at his or her expense and dedicates it to the
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City, the City may, by written agreement, pay over to such person all Front Footage Connection
Fees collected by the City with respect to such Water Main from any other person who
subsequently connects to such water main. In no event shall such agreement extend over a period
of greater than ten years nor shall such agreement be assignable to any other party or successor in
interest.
(Ord. 215-08-17, 8/15/2017); (Ord. 229-05-19, 5/21/2019).
8-2-28: MONTHLY WATER SERVICE FEE. The City shall impose a Monthly Water
Service Fee, which shall be charged to each Customer each month in the amount computed
pursuant to this Section.
(A) Metered Rates. [RESERVED].
(B) Non-Metered Rates. The Monthly Water Service Rate, as specified by Resolution of the
Council, shall apply to all Customer Properties charged on a non-metered basis. Each non-
metered Customer Property shall be subject to Classification, as described in Section 8-2-
9 of this Code. Each non-metered Customer Property shall be charged a Monthly Water
Service Fee, which is equal to the Monthly Water Service Rate multiplied by the number
of EDUs associated with such Customer Property (as determined by the Classification).
(Ord. 89, 10/09/2002; Ord. 126, 12/18/2007; Ord. 136-10-08, 6/17/2008); (Ord. 202-02-16,
2/16/2016); (Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
8-2-29: SEASONAL WATER SERVICE CHARGE. If, during any calendar year, more
than five head of livestock will be maintained for more than 30 days on a Customer Property or if
any nonresidential Customer Property will have more than 1/20th of an acre of lawn or cultivated
area, the Customer owning such Customer Property shall inform the Water Department in writing
on or before June 1st of each year. In addition to the regular monthly charges for Water Service,
the following annual rates shall be charged to any Customer using City water for lawn sprinkling,
irrigation, or livestock watering:
Each Customer Property on which five or more head of
livestock are maintained for more than 30 days per
calendar year (per five head of livestock or fraction
thereof)
$ 60.00
Each nonresidential Customer Property with lawn or
cultivated area measuring more than 1/20th of an acre (per
acre or fraction thereof).
$ 60.00
On or before October 1st of each year, the City Clerk shall furnish each Customer a statement of
the amount due for seasonal water service. If any Customer Property is discovered that is required
to pay a Seasonal Water Use Charge, where such Customer has not reported the seasonal water
usage as required by this Section, the Customer shall be charged a Service Charge.
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(Ord. 89, 10/09/2002); (Ord. 126, 12/18/2007); (Ord. 136-10-08, 6/17/2008); (Ord. 202-02-16,
2/16/2016); (Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
8-2-30: MULTIPLE SERVICE. Where a single Customer is supplied with water through
more than one Service Line, charges shall be computed separately for each Service Line, unless
otherwise approved by the Council.
(Ord. 229-05-19, 5/21/2019).
8-2-31: WATER RATES OUTSIDE CITY. Monthly rates charged for Water Service
outside the boundaries of the City, whether metered or non-metered, shall be equal to the rates
charged for Water Service inside the boundaries of the City, including minimums.
(Ord. 202-02-16, 2/16/2016); (Ord. 229-05-19, 5/21/2019).
8-2-32: SERVICE CHARGES.
(A) Whenever in this chapter a Service Charge is authorized, the City may assess and collect a
Service Charge in the amount of $35.00.
(B) In place of the Service Charge specified above, the City may assess and collect a Special
Service Charge, in the amount of $52.50, which amount the Council finds, does not exceed
the actual cost to the City, for service calls which are requested on Saturday, Sunday, a
legal holiday, or during a time other than normal working hours and which are only for the
convenience and benefit of the Customer, or which are necessitated because of plumbing
which does not meet the requirements of the Uniform Plumbing Code.
(Ord. 229-05-19, 5/21/2019).
8-2-33: BILLING ADMINISTRATION.
(A) Billing Periods. All regular billing periods shall be on a calendar monthly basis. Any
Customer Property provided Water Service for any portion of a month shall be charged the
established rate for the entire month. Billings for Water Service shall commence upon the
earliest of the following to occur:
(1) Issuance of a building permit for any Customer Property.
(2) Connection of any Service Line serving the Customer Property to any Main Line,
Water Meter, or Curb Stop owned by the City.
(3) Change in the nature of the Classification for any Customer Property.
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In the event any of such events occur prior to the commencement of a calendar month or
billing cycle, the Customer shall be charged on a pro-rated basis for water service provided
until commencement of the next billing cycle.
(B) Billing Procedures. Metered accounts shall receive a billing separate from non-metered
accounts. All accounts shall be charged the Monthly Water Service Fee and such other
fees and charges as specified in this Chapter.
(C) Due Date. Bills rendered for Water Service are payable upon receipt and become past due
ten days from the date on which rendered. When the past due date falls on a Saturday,
Sunday, a legal holiday, or on a day when City offices are not open for business, the next
regular business day is considered the past due date. Bills shall be deemed paid on the date
payment is received by the City.
(D) Delinquent Accounts. Whenever a Customer’s account is not paid within forty days from
the past due date, the City Clerk shall assess a delinquency charge in the amount of $5.00
for each month the account is delinquent, which charge shall be added to any balance due.
The City may also terminate Water Service to the Customer Property of the delinquent
Customer and in such event a Service Charge shall be added to the Customer’s account
balance arising from the service to terminate such Water Service. Interest at a rate of one
percent (1%) per month shall accrue on the unpaid balance of all delinquent accounts,
including any unpaid delinquency fees or charges (including the delinquency charge and
the Service Charge to terminate Water Service to the Customer Property of the delinquent
Customer). If Water Service is terminated for delinquency, it shall not be restored until
the account is brought current and all the amounts owing are paid in full, unless a written
agreement for installment payments is approved by the Water Department (subject to
ratification at the next meeting of the Council). The Service Charge to disconnect the
Customer Property shall be payable whenever a service trip is made for the purpose of
terminating Water Service, regardless of whether Water Service is actually terminated. All
payments shall be applied first to any unpaid delinquency charges and disconnect fees, then
to accrued interest, and finally to the outstanding utility charges in the same order as the
utility charges were incurred.
(E) City Clerk to Furnish Statements. The City Clerk shall furnish a monthly statement of
the amount due for Water Service each month to each Customer. The failure of any
Customer or Water User to receive a statement shall not excuse or release the Customer
from the obligation to pay for Water Service.
(Ord. 89, 10/09/2002); (Ord. 126, 12/18/2007); (Ord. 130, 1/15/2008); (Ord. 136-10-08,
6/17/2008); (Ord. 139-13-08, 12/16/2008); (Ord. 173-04-13, 6/27/2013); (Ord. 202-02-16,
2/16/2016); (Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
8-2-34: WASTE PROHIBITED. It shall be unlawful for any water user to waste water or
allow it to be wasted by improper use or by faulty facilities. Water is being wasted if, for example:
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water from the Water System is not being used for a beneficial purpose (as defined by the Idaho
Department of Water Resources); an extraordinary and unnecessary amount of water is being
drawn from the Water System by a Water User; or if a Water User is irrigating by any Open Hose.
If water from the Water System is being wasted by any Water User, the City may terminate the
Water Service to the Customer Property on which the water is being wasted, until the issues
causing the waste are remedied to the satisfaction of the Water Department.
(Ord. 229-05-19, 5/21/2019).
8-2-35: TAMPERING UNLAWFUL. It shall be unlawful to damage, adjust, or tamper
with any portion of the City Water System or appurtenances, whether located upon public or
private property, without having first obtained the express permission of the City. If any person
damages the Water System or in any way causes the City to expend extraordinary costs as a result
of such unlawful acts, the City may assess and collect the same from the person committing the
same, or from the parent or guardian of any minor who commits such acts. Such amounts may be
included upon the person’s regular monthly billing statement for water service as an extraordinary
service charge, and upon the person’s failure or refusal to pay the same, Water Service may be
terminated in accordance with the procedures set forth in this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-36: UNLAWFUL CONTAMINATION OR CROSS-CONNECTION. It shall be
unlawful for any person to introduce or permit the introduction of pollution or contamination of
any kind into the City water supply system. It shall be unlawful for any person to install or maintain
any Cross-Connection within the City.
(Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019).
8-2-37: BACKFLOW PREVENTION ASSEMBLIES AND DEVICES.
(A) It shall be unlawful to install, relocate or remove a Backflow Prevention Assembly without
a permit, as provided in this Section.
(B) Backflow Prevention Assemblies shall be installed by the property owner, tenant,
occupant, lessee, or other user of the Water System where the nature and extent of the
activities conducted or the materials used or stored on the premises would present a hazard
to the public health or be deleterious to the quality of the City water supply should a Cross-
Connection occur. Even though Cross-Connections may not exist at the time, Backflow
Prevention Assemblies shall be installed under circumstances including, but not limited to
the following:
(1) Premises having an auxiliary water supply;
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 222
(2) Premises having internal cross-connections that are not correctable, or having
intricate plumbing arrangements which make it impracticable to ascertain whether
or not cross-connections exist;
(3) Premises where entry is restricted so that inspections for cross-connections cannot
reasonably be made;
(4) Premises having a history of cross-connections being established or reestablished;
(5) Premises on which any substance is handled under pressure so as to permit the entry
of any harmful substance into the Water System;
(6) Premises having pumps or devices which may affect the pressure within any line
connected to the Water System.
(C) All Backflow Prevention Assemblies shall be installed in accordance with the Uniform
Plumbing Code, as is presently adopted by the City or as may be amended hereafter. All
such assemblies shall also be installed in accordance with the Cross-Connection Control
Manual, 7th Edition, published in April 2012 by the Pacific Northwest Section, American
Water Works Association Cross-Connection Control Committee. The City Clerk shall at
all times maintain a copy of such Cross-Connection Control Manual in the offices of the
City Clerk. Such copy shall contain a certification issued by the City Clerk that such copy
has been filed for use and examination by the public.
(D) All Backflow Prevention Assemblies shall be installed by the property owner at his expense
and shall be of a type commensurate with the degree of hazard which exists or which could
exist. An air-gap separation or a reduced pressure principle backflow prevention assembly
shall be installed where the public water supply may be contaminated with sewage,
industrial waste of a toxic nature, or other contaminant which could cause a public health
hazard. In all other cases where the contaminant may be objectionable but not hazardous
to the public health, a double check valve assembly, an air-gap separation, a pressure
vacuum breaker, or a reduced pressure principle backflow prevention assembly shall be
installed. All Backflow Prevention Assemblies and the installation thereof shall be
approved by the City Plumbing Inspector or his agent or designated representative.
(E) All Backflow Prevention Assemblies installed pursuant to this Chapter, except atmospheric
vacuum breakers, shall be inspected and tested by a certified tester at the time of initial
installation, relocation, or substantial repair and annually thereafter, or more often if
deemed necessary by the City. Whenever a Backflow Prevention Assembly is found to be
defective, it shall be repaired, overhauled, or replaced at the owner’s expense. The City or
its agent shall retain adequate records of all inspections, tests, or repairs made pursuant to
this Chapter.
(F) If a Backflow Prevention Assembly is found to be necessary, the owner, tenant, occupant,
or lessee of the property shall obtain an installation permit from the City, specifying the
type and location of such assembly. It shall be unlawful to install, relocate, or remove a
Backflow Prevention Assembly without a permit.
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 223
(Ord. 177-08-13, 8/20/2013); (Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019).
8-2-38: TERMINATION AND RESTORATION OF WATER SERVICE.
(A) Involuntary Termination of Water Service. Water Service may be involuntarily
discontinued to any Customer Property only pursuant to the provisions of this Chapter.
The City may charge a Service Fee when Water Service is involuntarily terminated to any
Customer Property.
(B) Voluntary Termination of Water Service. Whenever a Customer desires to voluntarily
terminate his or her existing customer service account, he or she shall notify the City Clerk
of such desire and execute a written request for termination of Water Service. Such
Customer shall be required to pay a Service Charge before Water Service will be terminated
to the specified Customer Property. Notwithstanding any written request for termination
of Water Service, the Customer shall remain liable for any amount due and owing to the
City arising from the City’s provision of Water Service. Upon receipt of such written
request for termination of Water Service, the City shall have no obligation to refund all or
any portion of the payments made in advance by the Customer for Water Service for the
remainder of the billing cycle. In the event a Customer fails to execute or deliver such
notice request or fails to pay the required Service Charge, the Customer shall continue to
be responsible for Water Service provided to the Customer Property notwithstanding that
the Customer Property may have been sold, transferred, or conveyed to another person and
that such new owner, transferee, or recipient may have used or received the benefit of
Water Service billed to the previous owner.
(C) Temporary Termination of Water Service. Whenever a Customer desires to temporarily
terminate or shut off Water Service to any of such Customer’s Customer Property, he or
she shall notify the City Clerk of such desire and execute a written request for temporary
termination of Water Service, which shall also specify when the Customer desires Water
Service to be restored. Such Customer shall be required to pay a Service Charge before
Water Service will be terminated to the specified Customer Property. Additionally, before
Water Service is restored to the Customer Property, the Customer shall be required to pay
all of the charges, including the Monthly Water Service Fee, that would have been paid for
such Customer Property if Water Service had not been terminated.
(D) Restoration of Water Service. In any event, whenever an Applicant or Customer desires
to restore Water Service to a Customer Property that was actually provided with Water
Service at any time within the prior 12 months, the Applicant or Customer shall be required
to pay all of the charges, including the Monthly Water Service Fee, that would have been
paid for such Customer Property if Water Service had not been terminated, unless a written
agreement providing otherwise is approved by the Council.
(Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
TITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 224
TITLE 8 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 225
CHAPTER 3 Public Right-of-Way Construction
SECTION:
8-3-1: Definitions
8-3-2: Permit Required
8-3-3: Exceptions
8-3-4: Insurance
8-3-5: Application for Permit
8-3-6: Location Procedure
8-3-7: Completion of Work and Backfilling
8-3-8: Time to Complete Repairs
8-3-9: Maintenance and Safeguards
8-3-10: Warranty of Repairs
8-3-11: Repairs by City
8-3-12: Remedy for Noncompliance
8-3-13: No Duty
8-3-14: Costs of Removal
8-3-1: DEFINITIONS. For the purposes of this chapter, certain terms shall have the
meanings ascribed below:
ACT: The Underground Facilities Damage
Prevention Act as set forth in Idaho Code
Section 55-2201, et seq.
CONSRUCTION: The construction, placement or laying of
any asphalt or concrete pavement,
sidewalk, driveway, curb, gutter, water
line, sanitary sewer line; storm drain line,
telephone line, conduit or facilities,
electrical line, conduit or facilities, cable
TITLE 8 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 226
TV line, conduit or facilities, gas line or
facilities, or any other structure or facilities
in any street, alley, easement or other
public right of way of the City.
EXCAVATION: Any operation in which earth, rock or other
material in the ground is moved or
otherwise displaced by any means,
including, but not limited to explosives.
EXCAVATOR: Any person who engages directly in
excavation.
REPAIR: The improvement, alteration, modification
or replacement of any asphalt or concrete
pavement, sidewalk, driveway, curb,
gutter, water line, sanitary sewer line,
storm drain line, telephone line, conduit or
facilities, electrical line, conduit or
facilities, cable TV line, conduit or
facilities, gas line or facilities, or any other
structure or facilities in any street, alley,
easement or other public right of way of the
City.
UNDERGROUND
FACILITY:
Any item buried or placed below for use in
connection with the storage or conveyance
of water, unless being delivered primarily
for irrigation, sewage, electronic,
telephonic or telegraphic communications,
cable television, electrical energy,
petroleum products, gas, gaseous vapors,
hazardous liquids or other substances,
including, but not limited to pipes, sewers,
conduits, cables, valves, lines, wires
manholes, attachments and those parts of
poles or anchors located below ground.
WORKING DAYS: All days except Saturdays, Sundays and
legal holidays.
WORKING HOURS: The hours from eight o’clock (8:00) a.m. to
five o’clock (5:00) p.m. of any working
day.
TITLE 8 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 227
8-3-2: PERMIT REQUIRED. No person shall engage in any construction, repair or
excavation in any street, alley, easement or other public right of way within the City without first
obtaining a permit from the City. No permit under this chapter shall be valid until or unless the
notice provisions of Idaho Code Section 55-2201, et seq., have been complied with. The permit
shall clearly define the area within which the permittee may do such construction, repair or
excavation. A copy of the permit shall be kept on file with the City Engineer for a period of not
less than five (5) years after its issuance. Any person engaging in any construction, repair, or
excavation within any public right of way without a permit, or otherwise damaging a street,
sidewalk, pavement, underground facility shall be liable for the actual costs of repair, whether such
repair is completed by the City, another contractor, or a third party.
(Ord. 259-04-21, 4/20/2021).
8-3-3: EXCEPTIONS. Unless facts exist which would reasonably cause an excavator to
believe that an underground facility exists within the depth of the intended excavation, a permit
shall not be required for the following excavations:
(A) The tilling of soil to a depth of less than 15 inches for agricultural purposes;
(B) For placement of highway guardrail posts, sign posts, delineator posts, culverts, electric
poles, telephone poles and traffic control device supports in the same approximate location
and depth of the replaced item within a public highway right of way.
(C) For the placement of a private mailbox structure, provided such placement conforms to
section 6-4-10 of this Code.
(Ord. 203-03-2016, 03/15/2016).
8-3-4: INSURANCE. No permit shall be issued pursuant to this chapter unless the
applicant presents with the application, or has on file with the City Engineer, a certificate of
insurance from an insurance company qualified to write insurance contracts within the State of
Idaho, certifying that the applicant has a policy of public liability insurance in an amount of not
less than five hundred thousand dollars ($500,000) single limit liability for personal injury, death
and property damage; provided, however, if the work to be done under the permit is limited to
excavation in an easement situated entirely on private property or is for construction of a concrete
sidewalk, driveway or curb and gutter within a street right of way, but parallel with and adjacent
to private property, the amount of such insurance shall be not less than one hundred thousand
dollars ($100,000) single limit for personal injury, death and property damage. Said insurance
policy shall contain a clause requiring that the City be given at least thirty (30) days' advance
written notice in the event of expiration or anticipated cancellation. The permit shall be revoked
at the time such insurance expires or is cancelled unless a certificate of comparable insurance is
filed with the City Engineer prior to the time of cancellation or expiration of the original policy of
insurance.
TITLE 8 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 228
8-3-5: APPLICATION FOR PERMIT. Applications for construction, repair and
excavation permits shall be made at the office of the City Engineer. The application shall state the
applicant's name, business or home address, the applicant's City Contractor's license number (if
any), telephone number, the location of the construction, repair or excavation, the date notification
was given to all one number locater services or the owner of any underground public facility
pursuant to the Act, and the nature of the work to be performed at the location specified. If the
applicant demonstrates compliance with the provisions of this chapter and the construction, repair
or excavation work complies with this Code and will not endanger public health, safety or welfare,
the City shall issue the permit, provided the City may issue the permit subject to such conditions
as are necessary to protect the public health, safety and welfare.
8-3-6: LOCATION PROCEDURE. If the permittee desires the City to locate any water
main, sewer main or other utility line, the permittee shall give written or oral notice to the City
Engineer or his designated representative not more than twenty-four (24) hours nor less than
twenty-four (24) working hours prior to commencing construction, repair or excavation. If the
permittee, after commencing work, shall cease construction, repair or excavation for more than
one working day, then notice shall again be given to the City Engineer or his designated
representative not more than twenty-four (24) hours nor less than two (2) working hours prior to
the time when construction, repair or excavation shall again commence.
8-3-7: COMPLETION OF WORK AND BACKFILLING. All work shall be
expeditiously performed and completed as soon as reasonably possible. Upon completion of
construction or repair, the permittee shall promptly backfill any street, alley, easement or other
public right of way in which permittee has made any excavation. Such backfilling shall be done
in accordance with the City Standard Drawings and Engineering Specifications adopted by
ordinance of the City.
8-3-8: TIME TO COMPLETE REPAIRS. Permanent asphalt repairs shall be
completed by the permittee not later than three (3) days after the excavation has been backfilled,
unless otherwise authorized by the City Engineer or his designated representative. If weather
conditions prohibit permanent repairs, the City Engineer, or his designated representative, may
authorize the use and installation of temporary cold patches. Such temporary cold patches shall
be replaced by the permittee as soon as weather permits.
8-3-9: MAINTENANCE AND SAFEGUARDS. The permittee shall continuously
maintain the construction, repair or excavation site in a safe condition and keep the site free from
any condition that may cause risk of harm to any person or property at all times after the work has
TITLE 8 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 229
commenced and until all work, including permanent patching, has been completed and accepted
by the City. During such time, permittee also shall provide, install and continuously maintain
proper safeguards, signs and barricades at the construction, repair or excavation site. Such signs
and barricades shall conform to the requirements and standards set forth in the most recent edition
of the Manual on Uniform Traffic Control Devices published by the U.S. Department of
Transportation, Federal Highway Administration, or any other manual adopted by the Idaho
Department of Law Enforcement pursuant to the provisions of Idaho Code Section 49-201.
8-3-10: WARRANTY OF REPAIRS. The permittee shall warrant to the City the
adequacy and continued satisfactory condition and function of all backfill and permanent patches
installed by permittee or by any agent or employee of permittee for a period of one year after the
permanent patch has been accepted by the City Engineer. Such warranty shall extend only to any
unsatisfactory condition or function caused by inferior design, workmanship and materials
furnished by permittee or by any agent or employee of permittee.
8-3-11: REPAIRS BY CITY. If the permittee fails to install permanent patching within
three (3) days after completion of backfill, or if the permittee fails to honor the warranty set forth
in the preceding section after demand by the City, the City may complete the work and make such
repairs. If such repairs are completed by the City, the City may charge the cost of the repairs to
the permittee. The cost of repairs shall be based upon the actual charges and cost to the City of
repairs at the time the repair was completed. If the permittee is charged with the City's costs of
repairs, the permittee shall pay such cost within five (5) days after the City has given written notice
to permittee of the cost.
8-3-12: REMEDY FOR NONCOMPLIANCE. If any permittee fails to perform any duty
imposed by this chapter or if any permittee fails to pay cost the costs assessed pursuant the
preceding section within the time provided therein, the City, at its option and upon prior written
notice to permittee, may suspend or revoke any contractor's license issued by the City to the
permittee, cancel or revoke all permits held by the permitted and refuse to issue to the permittee
further permits for construction, repair or excavation in public rights of way or easements of the
City.
8-3-13: NO DUTY. Nothing in this chapter shall be deemed or construed to impose any
private duty or obligation upon the City to properly or accurately locate any utility line or facility
or to ensue a result of the failure of any permittee to comply with the provisions hereof.
8-3-14: COSTS OF REMOVAL. If any private fence, pipe, pavement, structure, building,
appurtenance, or other property encroaches upon or interferes with any public, governmental, or
TITLE 8 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 230
utility property, right-of-way, easement, or other property interest, the property owner of the
property and/or associated real property shall be liable for the actual costs of removing the
encroaching or interfering property if:
(A) Such removal is reasonably necessary to the public, governmental, or utility entity’s
exercise of its property, right-of-way, easement, or other property interest; and
(B) The public, governmental, or utility entity provides written notice to the property owner at
least 72 hours before removing the encroachment or interference, which notice must: (1)
reference this Section, (2) state the date and time the removal is scheduled to take place,
and (3) state that the property owner will be required to pay the actual costs of removing
the encroaching or interfering property unless the property owner removes the property
before the date and time stated in the notice.
(Ord. 243-07-20, 7/21/2020).
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 231
CHAPTER 4 Community Forestry
SECTION:
8-4-1: Purpose
8-4-2: Definitions
8-4-3: Community Forester
8-4-4: Establishment of a Shade Tree Committee
8-4-5: Term of Office
8-4-6: Operation
8-4-7: Duties and Responsibilities
8-4-8: Species of Trees Permitted
8-4-9: Utilities
8-4-10: Regulations for Planting Street Trees
8-4-11: Trees and Shrubs Overhanging Public Property
8-4-12: Abuse of Public Trees and Shrubs
8-4-13: Street Tree Care
8-4-14: Tree Topping
8-4-15: Abatement of Nuisances
8-4-16: Interference with City Shade Tree Committee
8-4-17: Adoption of ANSI A300 and ANSI Z133.1
8-4-1: PURPOSE. The purpose of this chapter is to promote and protect the public health,
safety and general welfare by providing for the regulation of the planting, maintenance, and
removal of trees, shrubs and other plants within the City of Iona.
(Ord. 89, 6/11/2003).
8-4-2: DEFINITIONS. Terms used in this chapter shall have the meanings ascribed
below:
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 232
ANSI A300: That certain standard tree, shrub and other
woody plant maintenance standard practice
as set forth in ANSI A300 (Part I)—2001,
as published by the American National
Standards Institute, Inc. and approved on
May 22, 2001.
ANSI Z133.1: That certain safety standard regarding the
planting and maintenance of trees in
proximity to utility lines as published by
the American National Standards Institute,
Inc. May 22, 2001 Edition.
COMMUNITY FOREST: The sum of all trees and shrubs within the
City.
CRITICAL ROOT ZONE: The area under a tree extending from the
base of a tree in all directions to a line 10
feet outside of the drip-line.
PARK TREES: Public trees, shrubs, bushes and all woody
vegetation located in or upon any public
park owned by the City, but excluding
those trees in the public right-of-way.
PERSON: Any individual, firm, partnership,
corporation, association, company, or
other governmental entity or organization
of any kind.
PRIVATE TREES: Any tree that is not a public tree.
PUBLIC RIGHT-OF-WAY: Improved or unimproved public property
owned by, dedicated to, or deeded to, the
public or the public’s use for the purpose
of providing vehicular, pedestrian and
other public use. Such public property
includes, but is not limited to, streets,
alleys, sidewalks, public utility.
PUBLIC TREES: Trees located upon public property owned
by the City, including street trees.
SHRUB: A woody perennial plant, branched at or
near the base and which at maturity is
expected to grow less than fifteen (15) feet
in height.
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 233
STREET TREES: Trees, shrubs, bushes and all other woody
vegetation whose critical root zone is
located on or encroaches into any public
right-of-way or whose branches overhang
any public right-of-way owned or managed
by the City of Iona.
TOPPING: The severe cutting back of limbs to stubs
larger than three (3) inches in diameter
within the tree’s crown or the removal of
the top part (trunk and limbs) of a
coniferous tree, thereby removing the
normal canopy and disfiguring the tree.
TREE: A woody perennial plant, usually having
one main stem or trunk and many branches
and which, at maturity is expected to
exceed fifteen (15) feet in height and two
(2) inches in diameter. The failure to
achieve such height at maturity shall not
preclude its consideration as a tree.
(Ord. 89, 6/11/2003).
8-4-3: COMMUNITY FORESTER. The City Council may appoint a person to serve as
Community Forester. The Community Forester shall have such duties and perform such functions
as shall be prescribed herein and as required by the City Council. The Community Forester is
hereby authorized to:
(A) Direct, manage, supervise and control the City street tree and park tree program for the
planting, removal, maintenance and protection of all public trees and shrubs on all public
areas.
(B) To guard all public and private trees and shrubs within the City so as to prevent the spread
of disease or pest and to eliminate dangerous conditions which may affect the life, health
or safety of person or property.
(Ord. 89, 6/11/2003).
8-4-4: ESTABLISHMENT OF A SHADE TREE COMMITTEE. There is hereby
created and established a Shade Tree Committee for the City of Iona, which shall consist of a
minimum of five members who reside within the City, one of whom shall be a member of the City
Council. Each member shall be nominated by the Mayor and confirmed by the Council.
(Ord. 89, 6/11/2003).
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 234
8-4-5: TERM OF OFFICE. The terms of the members of the Committee shall be three
years, except that the initial term of two of the at-large members shall be only two years. In the
event that a vacancy occurs during the term of any member, his or her successor shall be appointed
for the unexpired portion of the term. Vacancies shall be filled in the same manner as original
appointments.
(Ord. 89, 6/11/2003).
8-4-6: OPERATION. The committee shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A majority of the members shall constitute
a quorum for the transaction of business.
(Ord. 89, 6/11/2003).
8-4-7: DUTIES AND RESPONSIBILITIES. The Iona Shade Tree Committee shall
provide advice to the City Council, Mayor, Community Forester and City Council as to the
preservation, protection and management of the community forest of Iona, in accordance with the
intent and purpose of this chapter. The committee shall have the following duties and
responsibilities:
(A) Assist the Community Forester in encouraging landscaping installation and maintenance
on private property by providing information on the value of landscaping and the proper
planting and care of trees and other vegetation;
(B) Recommend policies and procedures to identify, mark, publicize and preserve historic and
notable trees on both public and private property;
(C) Assist the Community Forester in promoting appreciation of trees and the Community
Forest through annual Arbor Day observances and other activities;
(D) Encourage improvement of the community forest through planning and policy
development;
(E) Assist City departments in every way possible to enhance the community forest in the City;
(F) Enhance opportunities for obtaining monetary funds for tree purchases, related supplies
and community forestry activities through local and federal assistantship grants and
donations;
(G) Serve as an advocate of the City’s community forest.
(Ord. 89, 6/11/2003).
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 235
8-4-8: SPECIES OF TREES PERMITTED. It shall be unlawful for any person to plant
any public tree except the following species of trees:
Small Trees
Cherry, Canada Red
Crabapple, (persistent or fruitless varieties)
Elm, Camperdown
Honeylocust, Imperial
Lilac, Japanese Tree
Maple, Amur
Mayday
Mountain Ash, European
Plum, Newport
Serviceberry, Saskatoon
Sumac Staghorn
Prunus virginiana ‘Shubert’
Malus spp.
Ulmus glabra ‘Camperdownii’
Gleditsia triacanthos var. inermis 'Imperial’
Syringa reticulata
Acer ginnala
Prunus padus
Sorbus aucuparia
Prunus cerasifera ‘Newport’
Amelanchier alnifolia
Rhus typhina
Medium Trees
Ash, Green (seedless varieties)
Ash, White (seedless varieties)
Birch, Cutleaf Weeping
Ginkgo (male sex only)
Hackberry
Honeylocust, (thornless varieties)
Linden, American (varieties)
Linden, Littleleaf
Maple, Norway (varieties)
Maple, Silver Queen
Fraxinus pennsylvanica
Fraxinus americana
Betula pendula laciniata
Ginkgo biloba
Celtis occidentalis
Gleditsia triacanthos var. inermis
Tilia americana
Tilia cordata
Acer platanoides
Acer saccharinum ‘Silver Queen’
Large Trees
Ash, Green (native species)
Ash, White (native species)
Coffeetree, Kentucky
Honeylocust, Thornless (native species)
Horsechestnut
Linden, American (native species)
Maple, Norway (native species)
Oak, Bur
Fraxinus pennsylvanica
Fraxinus americana
Gymnocladus dioicus
Gleditsia triacanthos var. inermis
Aesculus hippocastanum
Tilia americana
Acer platanoides
Quercus macrocarpa
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 236
Oak, Northern Red Quercus rubra
No species other than those included in the above list may be planted as street trees or in the public
right-of-way without written permission from the Shade Tree Committee.
(Ord. 89, 6/11/2003).
8-4-9: UTILITIES.
(A) It shall be unlawful for any person to plant any public or private tree under or within twenty
(20) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any
underground water line, sewer line, electric transmission or distribution line or other utility
except the following species of trees:
Cherry, Canada Red
Crabapple, (persistent or fruitless varieties)
Elm, Camperdown
Honeylocust, Imperia
Lilac, Japanese Tree
Maple, Amur
Mayday
Mountain Ash, European
Plum, Newport
Serviceberry, Saskatoon
Sumac, Staghorn
Prunus virginiana ‘Shubert’
Malus spp.
Ulmus glabra ‘Camperdownii’
Gleditsia triacanthos var. inermis 'Imperial’
Syringa reticulata
Acer ginnala
Prunus padus
Sorbus aucuparia
Prunus cerasifera ‘Newport’
Amelanchier alnifolia
Rhus typhina
(B) It shall be unlawful to plant any public or private tree at any location in any manner which
does not comply with the safety standards for planting and maintenance of trees in
proximity to public utilities, as set forth in ANSI Z133.1.
(C) The City of Iona will not be responsible for damage to any tree or shrub located within a
utility easement as a result of the operation or maintenance of public utility lines. Damage
to any public utility system caused by trees improperly located within the public right-of-
way or easement will be repaired at the owner’s expense.
(Ord. 89, 6/11/2003).
8-4-10: REGULATIONS FOR PLANTING STREET TREES. Street trees shall be
classified in accordance with the three species size classes listed in section 8-4-8 of this chapter.
Street trees shall not be planted closer together than the following: small trees, 20 feet; medium
trees, 30 feet; large trees, 40 feet. No trees may be planted closer to the backside of any curb or
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 237
the nearest edge of any sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and
large trees, 4 feet. All distances shall be measured from the center of the tree trunk at ground level.
(Ord. 89, 6/11/2003); (Ord. 260-04-21, 4/20/2021).
8-4-11: TREES AND SHRUBS OVERHANGING PUBLIC PROPERTY. All owners,
or persons in control of private real property upon which a street tree or shrub is growing, shall
remove or trim, at his or her expense, all limbs or foliage which overhang or project into any public
street, sidewalk, alley or easement and which interfere with public travel or use of such public way
or easement or which do not satisfy the clear view and corner clearance requirements of the City
Zoning Ordinance. Street trees and shrubs shall be trimmed from the ground level to at least twelve
feet (12’) above any public street, public easement or alley, and to at least eight feet (8’) above the
curb and sidewalk.
(Ord. 89, 6/11/2003).
8-4-12: ABUSE OF PUBLIC TREES AND SHRUBS.
(A) Unless authorized by an appropriate public officer, it shall be unlawful for any person to:
(1) injure, deface, disfigure or destroy any public tree;
(2) permit any animal under his control to injure any public tree or shrub;
(3) permit any fire to injure any portion of any public tree or shrub;
(4) cause any toxic chemical to be applied to, seep, drain or be emptied on or about any
public tree or shrub;
(5) attach any device or structure to or on public trees, in a manner which harms or
which may potentially harm a public tree;
(6) injure, destroy, cut or pick any flower or ornamental plant growing, standing or
being on public property;
(7) make or cause excavations in the soil near roots of public trees unless appropriate
measures are taken to prevent exposed soil from drying out;
(8) damage the roots of a public tree by compacting or filling on or around the base of
the tree;
(9) to top, prune or trim any public tree, except in accordance with the provisions of
ANSI A300.
(B) Nothing herein shall prevent or prohibit the pruning, removal, treatment, care or
maintenance of any public tree or shrub, provided such work complies with the provisions
of ANSI A300.
TITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 238
(Ord. 89, 6/11/2003).
8-4-13: STREET TREE CARE. The City Council shall have the right to remove, trim,
destroy and control all street trees which are planted, grown or maintained in violation of the
provisions of this Chapter. The City Council shall have the right to plant, prune, maintain and
remove street trees within the lines of all streets, alleys, avenues, lanes, squares and public grounds,
as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of
such public grounds.
(Ord. 89, 6/11/2003).
8-4-14: TREE TOPPING. It shall be unlawful for any person to prune or top any public
tree or other public tree, except in accordance with ANSI A300.
(Ord. 89, 6/11/2003).
8-4-15: ABATEMENT OF NUISANCES.
(A) The City hereby declares the following actions, practices or objects to be a public nuisance:
(1) Any living or standing private or public elm tree or part thereof infected with the
Dutch elm disease fungus Ceratocystis ulmi (Buisman) or which harbors any of the
elm bark beetles Scolytus multistriatus (Marsham) or Hylurgopinus rufipes
(Eichhoff).
(2) Any public or private dead elm tree or part thereof, including logs, branches,
stumps, firewood or other elm material not buried, burned, sprayed with an
effective elm bark beetle-destroying insecticide, or from which the bark has not
been removed.
(3) The cultivation, maintenance or allowing to grow of any private or public tree
which harbors any insect, disease or infestation by any living creature which poses
a threat to the health or safety of any other public or private tree within the City or
which poses a health or safety threat to any person or property.
(4) Any public or private tree infested by any insect, pest or disease which is
determined by the City Forester to pose a threat to the health of any other public or
private tree.
(5) Any public or private tree, the roots of which are growing beneath a public sidewalk
and which cause a public hazard to the safe and efficient pedestrian travel upon
such sidewalk.
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CHAPTER 4 (Revision: February 29, 2024) Page 239
(6) Any public tree planted, growing or maintained in violation of the provisions of
this Chapter.
(B) Any person who fails to commence the abatement of any nuisance within ten (10) days
after receiving written notice from the City, or who fails to diligently prosecute and
complete the abatement of such nuisance within a reasonable time after the delivery of such
notice, shall be guilty of a misdemeanor. Such notice shall be delivered to the owner or
person in control of any property upon which such nuisance shall exist. Notice shall be
deemed complete upon its deposit in the United States mail, postage prepaid, certified mail,
return receipt request, addressed to the last known address of such owner or person.
(C) In the event any owner or person in control of private real property fails to abate such
nuisance in accordance with the time frame set forth above, then the City may prevent,
remove or abate such nuisance at the expense of such owner or person and may levy a
special assessment against the property upon which such nuisance is located, in accordance
with the provisions of Idaho Code § 50-334.
(Ord. 89, 6/11/2003).
8-4-16: INTERFERENCE WITH CITY SHADE TREE COMMITTEE. It shall be
unlawful for any person to prevent, delay or interfere with the City Forester, or his or her agents
while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of
any street trees, park trees, or trees on public property, as authorized in this chapter.
(Ord. 89, 6/11/2003).
8-4-17: ADOPTION OF ANSI A300 AND ANSI Z133.1. There is hereby adopted as an
official code for the maintenance of trees, shrubs and other woody plants that certain standard
maintenance practice as published in ANSI Standard A300 (Part I)—2001, as published by the
American National Standards Institute, Inc. and approved on May 22, 2001. There is also hereby
adopted as an official code, that certain safety standard for planting and maintenance of three in
proximity to utility lines, known as ANSI Z133.1 as published by the American National Standards
Institute, Inc., May 22, 2001 Edition. One copy of such codes shall be filed with and maintained
in the office of the City Clerk, for use and examination by the public.
(Ord. 89, 6/11/2003).
TITLE 9 IONA CITY CODE
(Revision: February 29, 2024) Page 240
TITLE 9 Motor Vehicle and Bicycle Regulations
Chapter Subject
1 Traffic Regulations
2 Traffic Control Signs and Signals
3 Speed Regulations
4 Public Parking
5 Parking on Private Property
6 Bicycles
TITLE 9 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 241
CHAPTER 1 Traffic Regulations
SECTION:
9-1-1: Applicability of Regulations
9-1-2: Applicability of State Laws
9-1-3: Enforcement
9-1-4: Obedience to Police Officers
9-1-5: Construction Crews
9-1-6: Following Fire Engines
9-1-7: Parking Near Emergency Vehicles
9-1-8: Crossing Fire Hose
9-1-9: Engine Compression Brakes
9-1-1: APPLICABILITY OF REGULATIONS. The provisions of this title shall apply
to the operation of all vehicles upon the streets, alleys and places within the City.
9-1-2: APPLICABILITY OF STATE LAWS. All traffic and motor vehicle laws of the
State of Idaho codified in Title 49, Idaho Code, and any rules and regulations promulgated by the
Idaho Department of Law Enforcement pursuant thereto, shall apply to the operation of all vehicles
upon the streets and alleys of the City, except to the extent such laws or regulations are expressly
inconsistent with the provisions of this Code. The City Clerk shall keep at least one (1) copy of
this chapter available for public use and examination in his or her office at all times.
9-1-3: ENFORCEMENT. Any person who violates any traffic or motor vehicle law
within the City shall be guilty of an infraction and shall be punishable in accordance with the
provisions of Title 49, Chapter 15, Idaho Code, as the same now exists or as amended hereafter.
All peace officers shall follow the procedures set forth in such chapter when issuing citations for
infractions.
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CHAPTER 1 (Revision: February 29, 2024) Page 242
9-1-4: OBEDIENCE TO POLICE OFFICERS. Any person who fails or refuses to
comply with any lawful order or direction of any police officer of the City, or any other police
officer of Bonneville County or the State of Idaho, shall be guilty of a misdemeanor.
9-1-5: CONSTRUCTION CREWS. This chapter shall not apply to the operation of any
vehicle while the operator is actually engaged in the construction, repair or maintenance of any
street, alley, sidewalk, curb, gutter or any utility located therein, if such operator is an employee
of the City or has a permit or is otherwise lawfully authorized to perform such work.
9-1-6: FOLLOWING FIRE ENGINES. Any person who operates a vehicle within 500
feet of any fire engine, equipment or vehicle responding to a fire alarm, except persons operating
a police, fire or public safety vehicle, shall be guilty of an infraction.
9-1-7: PARKING NEAR EMERGENCY VEHICLES. Any person who parks any
vehicle within 500 feet of any police, fire or emergency vehicle responding to a fire alarm shall be
guilty of an infraction.
9-1-8: CROSSING FIRE HOSE. Any person who drives any vehicle over any fire hose
while such hose is being used to suppress any fire, without the consent of a police officer or the
fire official in command, shall be guilty of an infraction.
9-1-9: ENGINE COMPRESSION BRAKES. No person shall, while operating a motor
vehicle within the City, apply or otherwise use Engine Compression Brakes, “Jake Brakes”, or any
similar braking system that emits a clearly audible noise when measured from a distance of 50 feet
away from the source. Engine Compression Brakes include any braking system that uses
compressed air from a motor vehicle’s engine to slow the vehicle as well as any similar system
that causes an audible noise prohibited by this section. Any person who violates this section shall
be guilty of an infraction.
(Ord. 276-04-22, 4/19/2022).
TITLE 9 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 243
CHAPTER 2 Traffic Control Signs and Signals
SECTION:
9-2-1: Adoption of Uniform Manual
9-2-2: Display of Unauthorized Signs or Signals
9-2-3: Tampering with Traffic Control Devices
9-2-1: ADOPTION OF UNIFORM MANUAL. The City hereby adopts the 2009
edition of the Manual on Uniform Traffic Control Devices, including revisions 1 and 2 thereto,
which are published by the Federal Highway Administration of the U.S. Department of
Transportation or any other manual adopted by the Idaho Transportation Department. All traffic
signs, signals, and devices installed within the City shall (A) be approved and authorized by the
Council and (B) conform to the provisions of such Manual on Uniform Traffic Control Devices,
except as otherwise expressly ordered by the Council.
(Ord. 274-01-22, 1/18/2022).
9-2-2: DISPLAY OF UNAUTHORIZED SIGNS OR SIGNALS. Any person who—
without the approval and authorization of the City Council—places, maintains or displays upon
any street, alley, public right of way or private property any unauthorized sign, signal, marking, or
device that imitates or resembles any official traffic control sign, signal, or device is guilty of a
misdemeanor. Such signs, signals or devices may be summarily removed by any police, fire, or
public safety officer or by any employee of the City’s Public Works Division.
(Ord. 274-01-22, 1/18/2022).
9-2-3: TAMPERING WITH TRAFFIC CONTROL DEVICES. Any person who
tampers, alters, injures, destroys, removes, defaces or knocks down any official traffic control sign,
signal or device, without lawful authority to do so, shall be guilty of a misdemeanor.
TITLE 9 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 244
CHAPTER 3 Speed Regulations
SECTION:
9-3-1: Basic Rule
9-3-2: General Speed Limit
9-3-3: Establishment of Speed Limits
9-3-4: Minimum Speed Regulations
9-3-1: BASIC RULE. Any person who operates a vehicle within the limits of the City,
at a speed greater than is reasonable and prudent under the conditions and having regard to the
actual and potential hazards then existing shall be guilty of an infraction.
9-3-2: GENERAL SPEED LIMIT. Subject to the provisions of the preceding section,
any person who drives or operates any vehicle in excess of the speed set forth below shall be guilty
of an infraction. Such speeds are as follows:
(A) Any speed established pursuant to Section 9-3-3 of this Code.
(B) Twenty-five (25) miles per hour on all streets except as posted in accordance with Section
9-3-3 of this Code.
(C) Twenty (20) miles per hour in all posted school zones, except where a different speed is
posted in accordance with Section 9-3-3 of this Code.
9-3-3: ESTABLISHMENT OF SPEED LIMITS. Whenever the Chief of Police and the
Mayor and Council shall determine, upon the basis of an engineering and traffic study or
investigation that any prima facie speed set forth above is greater or less than is reasonable or safe
under the conditions found to exist at any location within the City, the Council may determine and
declare by resolution a reasonable and safe prima facie speed limit, which, when proper signs
giving notice thereof have been erected, shall be the speed limit for such street or portion thereof.
9-3-4: MINIMUM SPEED REGULATIONS. Any person who drives a vehicle at such
a slow speed as to impede or block the safe and efficient movement of vehicular traffic, shall be
guilty of an infraction.
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CHAPTER 4 (Revision: February 29, 2024) Page 245
CHAPTER 4 Public Parking
SECTION:
9-4-1: General Parking Restrictions
9-4-2: Parking in Alleys Prohibited
9-4-3: Parking in Residential Zones
9-4-4: Repair of Vehicles on Public Streets
9-4-5: Storage of Vehicles on Public Street
9-4-6: Manner of Parking
9-4-7: Unattended Motor Vehicle
9-4-8: General Parking Restriction
9-4-9: Impounding Vehicles
9-4-10: [Reserved]
9-4-11: Payment of Towing and Storage Fees
9-4-12: Establishment of Storage Fees
9-4-13: Parking Zones Established
9-4-14: Designation of Parking Zones
9-4-15: Manner of Parking
9-4-16: Operating Time Defined, Exceptions
9-4-17: Parking in Loading Zones
9-4-18: Unlawful Parking
9-4-19: Handicapped Parking
9-4-20: Designation of Handicapped Parking Spaces
9-4-21: Enforcement on Private Property
9-4-22: Notice of Violation
9-4-23: Penalties
9-4-24: Additional Remedies Preserved
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CHAPTER 4 (Revision: February 29, 2024) Page 246
9-4-1: GENERAL PARKING RESTRICTIONS. Any person who parks a vehicle,
except when necessary to allow movement of other vehicular traffic or pursuant to the direction of
a peace officer or traffic control device, in any of the following designated places, shall be guilty
of an infraction, to-wit:
(A) On a public sidewalk.
(B) Within any portion of a public or private driveway or entrance to a public street.
(C) Within an intersection.
(D) Within fifteen (15) feet of a fire hydrant.
(E) Within a crosswalk.
(F) Within twenty (20) feet of a crosswalk located at any intersection.
(G) Within thirty (30) feet of the approach to any flashing beacon, stop sign or traffic control
signal.
(H) Between a designated safety zone and the adjacent curb or within thirty (30) feet of points
on the curb immediately opposite the ends of a safety zone, unless a traffic regulatory sign
indicates a different length is allowed.
(I) Within fifty (50) feet of the nearest rail of a railroad crossing.
(J) Within twenty (20) feet of the driveway entrance to any fire station or within seventy-five
(75) feet of such entrance when parking on the side of the street opposite such entrance,
when regulatory signs indicate such prohibition.
(K) Beside or opposite any street excavation or obstruction in a manner which obstructs traffic.
(L) Upon any street or portion thereof in a manner which blocks or interferes with the regular
flow of vehicular traffic.
(M) Upon any bridge or elevated structure upon or part of a public highway.
(N) At any place where traffic regulatory signs prohibit such parking.
9-4-2: PARKING IN ALLEYS PROHIBITED. Any person who parks a motor vehicle
in any alley within the City for any purpose other than to load or unload such vehicle in a
reasonably expeditious fashion shall be guilty of an infraction. Parking for purposes of loading or
unloading a vehicle shall be permitted only if a clearance of at least ten (10) feet in width between
the adjacent building or other structures is left on each side of the vehicle.
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CHAPTER 4 (Revision: February 29, 2024) Page 247
9-4-3: PARKING IN RESIDENTIAL ZONES. Any person who parks a motor vehicle
having a gross vehicle weight greater than 10,000 pounds in any residentially-zoned district within
the City shall be guilty of an infraction unless such parking is necessary to load or unload such
vehicle in an expeditious manner.
9-4-4: REPAIR OF VEHICLES ON PUBLIC STREETS. Any person who uses any
street or alley within the City for the purpose of repairing any vehicle, except for temporary
emergency repairs, shall be guilty of an infraction.
9-4-5: STORAGE OF VEHICLES ON PUBLIC STREETS. Vehicles stored, parked,
or otherwise placed on a street are subject to the following regulations. As used in this chapter,
“vehicle” has the meaning as “vehicle” is defined in Idaho Code § 49-123, and “street” has the
meaning as “roadway” is defined in Idaho Code § 49-119.
(A) It shall be unlawful for any automobile dealer to park or place any vehicle, upon any street
within the City for the purpose of selling or offering such vehicle for sale or lease. For the
purposes of this section, an automobile dealer is defined as any person who regularly
engages in the sale or offering for sale of motor vehicles for profit or pecuniary gain of any
kind.
(B) Subject to further restriction as specified in subsection (C), below, it shall be unlawful to
park or place any vehicle upon any street within the City for a period of more than seven
consecutive days at the same location. For the purposes hereof, the term “location” shall
mean an area within 500 feet in any direction from the exterior surface of such vehicle.
(C) It shall be unlawful to park or place any vehicle upon any street within the City, from and
including the period commencing on each November 22nd to and until April 10th of the
following year, between the hours of 5:00 a.m. and 5:00 p.m., Monday through Friday,
inclusive, except within areas lawfully designated for loading and unloading of goods and
materials or within any other area lawfully designated as exempt from the provisions of
this section, or except for the purpose of temporarily parking a bus or other public
conveyance while loading or unloading of passengers.
(D) Nothing in this Chapter shall be construed to prohibit the parking upon a public street of
police vehicles, fire trucks or other emergency vehicles, or vehicles operated by a licensed
physician while responding to an emergency call, from parking or allowing the parking of
such motor vehicle during the course of responding to such emergency call or to prohibit
the parking of public safety vehicles, snow removal vehicles, publicly owned maintenance
vehicles or police vehicles.
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CHAPTER 4 (Revision: February 29, 2024) Page 248
(E) Any vehicle parked or stored in violation of this Chapter may be removed by or under the
direction of any peace officer and may be impounded in accordance with the provisions of
this chapter or as otherwise provided by law.
(Ord. 140-14-08, 12/16/2008); (Ord. 255-04-21, 4/20/2021).
9-4-6: MANNER OF PARKING. Except as otherwise provided in this chapter, any
person who parks any vehicle, or allows the parking of any vehicle, in the following manner shall
be guilty of an infraction, to-wit:
(A) Where the right-hand wheels of such vehicle are at a distance greater than eighteen inches
(18”) from the right-hand curb upon any two-way street; or
(B) At a distance of greater than eighteen inches (18”) between the left wheels of the vehicle
and the left-hand curb where parking is permitted on either side of a one-way street.
(C) At a distance of greater than eighteen inches (18”) between the curb, the point on front
bumper of such vehicle closest to the curb, where the area is designated for angle parking.
9-4-7: UNATTENDED MOTOR VEHICLES. Any person who owns or has control of
any motor vehicle and who leaves the vehicle without first stopping the engine, locking the ignition
and removing the key therefrom, or who parks such vehicle upon a grade without turning the front
wheels to the curb or side of the street, shall be guilty of an infraction.
9-4-8: GENERAL PARKING RESTRICTION. Any person who parks or allows any
vehicle to be parked upon any street in violation of any sign restricting parking within such area,
shall be guilty of an infraction. All such parking restrictions shall be established only by resolution
of the City Council, after receiving the recommendation of the Traffic Safety Committee.
9-4-9: IMPOUNDING VEHICLES. Any peace officer may remove, cause to be
removed and impound any vehicle parked in violation of the provisions of this chapter.
9-4-10: [Reserved].
(Ord. 256-04-21, 4/20/2021).
9-4-11: PAYMENT OF TOWING AND STORAGE FEES. The owner of any motor
vehicle or trailer that has been duly impounded, removed from the City streets, towed or stored at
the direction of the Police Division shall pay a reasonable towing and storage fee before such
TITLE 9 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 249
vehicle or trailer may be released. The towing and storage fee shall be paid to the person or
company effecting the removal and towing and providing the storage for such vehicle or trailer. If
the motor vehicle or trailer is towed or stored by City personnel, the towing and storage fees shall
be paid to the City.
9-4-12: ESTABLISHMENT OF STORAGE FEES. The City Council shall annually
establish by resolution the towing and storage fees provided for in this chapter.
9-4-13: PARKING ZONES ESTABLISHED. The City Council may establish parking
and loading zones upon the streets of the City. The establishment of, and all changes in, such
zones shall be only as duly ordered by the City Council and entered in the official minutes of its
meeting.
9-4-14: DESIGNATION OF PARKING ZONES. The Chief of Police shall designate all
parking and loading zones established by the Council by causing appropriate parking signs to be
installed upon the streets clearly informing the public of the location of the parking and loading
zones and the parking time allowed therein. Such zones shall be designated by painting or
otherwise marking lines upon the street surface, or upon the adjacent curb, designating the area
within such zones are located.
9-4-15: MANNER OF PARKING. Any vehicle parked within a parking or loading zone
shall be parked entirely within the markings designating one parking space; shall be parked parallel
or diagonal to the curb in accordance with the markings of the parking space; and in case of
diagonal parking, shall be parked so that the front portion of the vehicle closest to the curb is within
eighteen inches (18”) of the curb.
9-4-16: OPERATING TIME DEFINED, EXCEPTIONS. “Operating time” is that time
when parking within parking zones and loading zones is regulated and is the time between eight
o’clock (8:00) a.m. and six o’clock (6:00) p.m. of every day. “Operating time” shall not include
any Saturday or legal holiday.
9-4-17: PARKING IN LOADING ZONES. Notwithstanding the provisions of this
chapter, a person may park a vehicle in a loading zone for the purpose of unloading persons,
supplies or merchandise. Parking in a loading zone or space during “operating time” for any other
purpose is unlawful.
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CHAPTER 4 (Revision: February 29, 2024) Page 250
9-4-18: UNLAWFUL PARKING. It shall be unlawful for any person to park a vehicle,
or, having parked the same, to allow it to remain parked in violation of the regulations of any
parking sign located within clear view of a restricted parking area. When the parking sign merely
states the duration of time allowed for parking, then the regulation shall be in force only during
“operating times.” When the sign forbids parking at all times, or at designated times, the regulation
is in force at all times, or as stated. Any person who violates this section shall be guilty of any
infraction.
9-4-19: HANDICAPPED PARKING. Any person who parks or allows a vehicle to be
parked in any parking space designated for use by handicapped persons and signed in conformity
with the next section of this Code is guilty of an infraction, unless the vehicle is momentarily in
the space for the purpose of allowing a handicapped person to enter or leave the vehicle, or unless
special license plates or a card or temporary card issued for the handicapped pursuant to Idaho
Code Section 49-410 is displayed on the vehicle. For the purposes of this section, the registered
owner of a vehicle who has expressly or impliedly consented to the use of his or her vehicle shall
be deemed to have allowed the parking of such vehicle by the person to whom such consent was
given. The term “handicapped” shall have the same meaning ascribed in Idaho Code Section 49-
109.
9-4-20: DESIGNATION OF HANDICAPPED PARKING SPACES. For the purposes
of the preceding section, a parking space designated for the handicapped shall be any parking space
or area upon which there is posted immediately adjacent thereto, and visible from each stall or
space, a sign which is at least thirty-six inches (36”) above the ground, displaying the international
handicapped symbol as depicted in Idaho Code Section 49-410. Such sign shall be approximately
centered along the front portion of the parking space or stall and the handicapped symbol shall
have the same proportions as shown in the Idaho Code and shall be at least ten inches (10”) high
at its greatest height. The surface of the parking stall shall have a four foot (4’) square area
displaying the handicapped symbol against a solid, light blue background, approximately centered
in the parking stall. The handicapped symbol shall be at least two feet (2’) in height and of the
same proportions as shown in the Idaho Code.
9-4-21: ENFORCEMENT ON PRIVATE PROPERTY. No person shall park or allow
the parking of a vehicle on any privately owned lot or property without the express or implied
consent of the owner thereof.
(Ord. 140-14-08, 12/16/2008).
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CHAPTER 4 (Revision: February 29, 2024) Page 251
9-4-22: NOTICE OF VIOLATION. Any person who operates a vehicle.
(A) Any police officer or other person duly authorized by the Chief of Police or Mayor may
issue a Notice of Violation to any person who violates the provisions of this Chapter. The
Notice of Violation shall be issued by placing it on the windshield of an illegally parked
vehicle, in a secure manner, or in a prominent place therein. A separate Notice of Violation
shall be issued for each parking regulation violated. If the violation is for overtime parking,
a separate notice shall be issued for each hour, or fraction thereof, the owner or operator of
the vehicle allows it to remain parked in violation of this chapter.
(B) The notice of violation shall state the date and time when it is issued, the nature of the
parking violation observed and the amount of the penalty as provided in section 9-4-23 of
this chapter. The notice shall advise the owner or operator of the vehicle that he or she
must admit the violation and pay the penalty therefor or deny the violation and deliver a
written notice of such denial to the City Clerk, within twenty one (21) days of the date the
notice of violation is issued, in default of which an Idaho uniform citation or summons and
criminal complaint may be served upon such person.
(C) Any person issued a Notice of Violation may enter an admission in the following ways:
(1) By depositing the Notice of Violation together with the amount of penalty stated
thereon in any collection box designated by the Chief of Police;
(2) By mailing the Notice of Violation together with the amount of the penalty stated
thereon to the address indicated on the notice; or
(3) By physically presenting the Notice of Violation together with the amount of the
penalty indicated thereon at the office of the City Clerk or City Treasurer.
(Ord. 140-14-08, 12/16/2008).
9-4-23: PENALTIES.
(A) Any person who violates any parking regulation herein, is guilty of an infraction and shall
be subject to penalties as follows:
(1) If a person violates Section 9-4-19 (Handicapped Parking), then:
(a) The violator shall have 21 days from the date the notice of violation is issued
to either (i) admit the violation and pay a $75.00 penalty or (ii) deliver a
written denial thereof to the City Clerk.
(b) If the violator shall provide a written denial within 21 days as described
above, and is thereafter convicted of the violation, the violator shall pay a
$75.00 penalty to the City Clerk (or the City Clerk’s agent) and any costs
allowed by law.
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CHAPTER 4 (Revision: February 29, 2024) Page 252
(c) If the violator does not either complete either option (i) or option (ii) within
21 days as described in subsection (a) above, the violator shall pay a
$150.00 penalty upon subsequent admission, or if convicted of the
violation, the violator shall pay a $150.00 penalty and any costs allowed by
law.
(2) If a person violates any parking regulation in this Chapter other than Section 9-14-
19, then:
(a) The violator shall have 21 days from the date the notice of violation is issued
to either (i) admit the violation and pay a $50.00 penalty or (ii) deliver a
written denial thereof to the City Clerk.
(b) If the violator shall provide a written denial within 21 days as described
above, and is thereafter convicted of the violation, the violator shall pay a
$50.00 penalty to the City Clerk (or the City Clerk’s agent) and any costs
allowed by law.
(c) If the violator does not either complete either option (i) or option (ii) within
21 days as described in subsection (a) above, the violator shall pay a
$100.00 penalty upon subsequent admission, or if convicted of the
violation, the violator shall pay a $100.00 penalty and any costs allowed by
law.
(B) In the event any person violates any provision of this chapter within sixty (60) days of any
prior violation of this chapter, the penalty therefor shall be double the amounts set forth
above.
(Ord. 140-14-08, 12/16/2008); (Ord. 257-05-21, 5/19/2021).
9-4-24: ADDITIONAL REMEDIES PRESERVED. The issuance of a notice of
violation shall not be the exclusive remedy for enforcing the parking regulations of this chapter
and all other lawful remedies are reserved, including prosecution by filing a criminal complaint
for an infraction violation.
TITLE 9 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 253
CHAPTER 5 Parking on Private Property
SECTION:
9-5-1: Parking on Private Property
9-5-1: PARKING ON PRIVATE PROPERTY. Any person who parks or leaves
unattended any motor vehicle upon any private property posted in accordance with the terms hereof
and located within the City, without the consent of the owner or person thereof, is guilty of an
infraction. For the purposes of this chapter, property is posted when one or more signs legibly
printed in the English language are placed upon the premises stating that public parking thereon is
prohibited, provided at least one such sign is plainly visible from each vehicular entrance to the
premises.
TITLE 9 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 254
CHAPTER 6 Bicycles
SECTION:
9-6-1: Definitions
9-6-2: Establishment of Bicycle Paths and Routes
9-6-3: Applicability of Vehicle Traffic Laws
9-6-4: Operation of Motor Vehicles upon Bicycle Path
9-6-5: Right of Way to Cyclists
9-6-6: Two-Way Traffic on Bicycle Paths
9-6-7: General Speed Regulation
9-6-8: Emerging from Alley or Driveway
9-6-9: Carrying Articles
9-6-10: Riding on Sidewalks
9-6-1: DEFINITIONS. The following terms whenever used in this chapter shall have the
meaning ascribed below:
BICYCLE: Every device propelled by human power
having one wheel at least 16 inches in
diameter.
BICYCLE PATH: A way established, marked and signed
specifically for the riding of bicycles, and
which is not otherwise part of a public
street.
BICYCLE ROUTE: A travel way designated specifically for the
riding of bicycles along and upon a public
street.
RIGHT OF WAY: The privilege of immediate use of a bicycle
path or bicycle route.
VEHICLE: Every device, in, upon or by which any
person or property is or may be transported
TITLE 9 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 255
or drawn upon a street, highway, alley or
other public way, except bicycles.
9-6-2: ESTABLISHMENT OF BICYCLE PATHS AND ROUTES. The City Council
may by resolution duly passed and approved establish and designate the location of bicycle paths
and bicycle routes within the City.
9-6-3: APPLICABILITY OF VEHICLE TRAFFIC LAWS. All motor vehicle traffic
laws shall apply with respect to the operation of any bicycle upon any bicycle path or bicycle route,
except as expressly otherwise provided in this chapter or except as the context of such ordinance
or statute expressly indicates otherwise.
9-6-4: OPERATION OF MOTOR VEHICLES UPON BICYCLE PATH. Any person
who operates a motor vehicle or parks a vehicle upon or across any bicycle path, except at
intersections of a path within a public street or alley or when necessary to enter or leave a driveway,
is guilty of an infraction.
9-6-5: RIGHT OF WAY TO CYCLISTS. Any person driving any vehicle into or across
any bicycle path which intersects a public street or alley or driveway who fails to yield the right
of way to any cyclist operating a bicycle is guilty of an infraction.
9-6-6: TWO-WAY TRAFFIC ON BICYCLE PATHS. Any person who fails to pass
to the right of any oncoming cyclist on a bicycle path shall be guilty of an infraction.
9-6-7: GENERAL SPEED REGULATION. Any person who operates a bicycle upon
any public street, bicycle route or bicycle path at a speed greater than is reasonable and prudent
under the conditions then existing, is guilty of an infraction.
9-6-8: EMERGING FROM ALLEY OR DRIVEWAY. Any person operating a bicycle
emerging from an alley, driveway or building shall yield the right of way to all pedestrians walking
upon any sidewalk or sidewalk area intersecting with the alley, driveway or building egress and
upon entering the public street shall yield the right of way to all vehicles approaching on such
public street.
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CHAPTER 6 (Revision: February 29, 2024) Page 256
9-6-9: CARRYING ARTICLES. Any person who carries any package, bundle or article
which prevents the rider from keeping at least one hand upon the bicycle handlebars shall be guilty
of an infraction.
9-6-10: RIDING ON SIDEWALKS. Any person fifteen (15) or more years of age who
rides a bicycle upon a sidewalk within the City is guilty of an infraction.
TITLE 10 IONA CITY CODE
(Revision: February 29, 2024) Page 257
TITLE 10 Planning and Building
Chapter Subject
1 Iona Subdivision Ordinance
2 Wireless Communication Towers and
Antennas
TITLE 10 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 258
CHAPTER 1 Iona Subdivision Ordinance
SECTION:
10-1-1: Title
10-1-2: Purpose
10-1-3: Definitions
10-1-4: Platting Requirement
10-1-5: General Plat Requirements
10-1-6: Application for Subdivision Approval
10-1-7: Preliminary Plat Approval Process
10-1-8: Final Plat Approval Process
10-1-9: Small Subdivision Procedure
10-1-10: Third Parties
10-1-11: Post-Decision Remedies
10-1-12: Variances
10-1-13: Subdivision Application Fees
10-1-14: Subdivision Standards
10-1-15: Surveying and Monuments
10-1-16: Lot Improvements
10-1-17: Requirements for Public Ways
10-1-18: Alleys and Easements
10-1-19: Blocks
10-1-20: Flood Plain Areas
10-1-21: Domestic Water System Works
10-1-22: Water and Sewage Facilities
10-1-23: Electrical Utilities
10-1-24: Open Park Space
TITLE 10 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 259
10-1-1: TITLE. This chapter shall be known as the Iona Subdivision Ordinance.
(Ord. 225-10-18, 10/20/2018).
10-1-2: PURPOSE. The purpose of this chapter is to:
(A) Promote the public health, safety and welfare;
(B) Provide guidance for future development and growth to the City in accordance with the
comprehensive plan;
(C) Integrate existing streets and highways with proposed transportation plans and other related
development of the City;
(D) Assure safe and adequate transportation systems, water, sewers, storm drains, parks, school
sites, and other public uses and facilities;
(E) Establish reasonable standards of design and uniform procedures for the subdivision and
re-subdivision of land;
(F) Provide for orderly layout, monumenting and legal description of subdivided lands; and
(G) Provide for an orderly and expeditious method of processing applications for subdivisions
and re-subdivisions.
(Ord. 225-10-18, 10/20/2018).
10-1-3: DEFINITIONS.
(A) The following definitions shall apply to terms used in this chapter.
(1) ALLEY: A Public Way, without a sidewalk, designed
to serve as secondary access to the side or
rear of Lots having principal access on some
other Street.
(2) AGRICULTURAL LAND: Land used strictly for the cultivation of crops
or for animal husbandry and which is held in
tracts or parcels no smaller than ten acres.
(3) APPLICANT: A person who submits any Application.
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CHAPTER 1 (Revision: February 29, 2024) Page 260
(4) APPLICATION: A Subdivision Application for approval of a
Plat, as described in Section 10-1-6.
(5) APPLICATION,
COMPLETED:
An Application that is fully filled out and is
submitted with five copies of the Plat for
which approval is requested (although the
City Engineer may require a reasonable
number of additional copies of the Plat, if
necessary) and all other required contents,
attachments, copies, or documentation.
(6) BLOCK: A tract of land bounded by Streets, Alleys,
parks, cemeteries, rights of way, or other
public boundary lines.
(7) BUILDING: Any structure built for the protection, shelter,
or enclosure of persons, animals, chattels, or
property of any kind.
(8) BUILDING SITE: An area upon which the Developer proposes
to erect or construct a Building or make any
Improvement to render the property suitable
for the erection of a building, together with
the surrounding land that is intended to be
used in conjunction with such Building or
Improvements.
(9) CITY: The City of Iona.
(10) CITY ENGINEER: The City Engineer duly appointed by the
Council.
(11) COMMISSION: The Planning and Zoning Commission of the
City as it presently exists or as may be
adopted or amended hereafter.
(12) COMPREHENSIVE PLAN: The Comprehensive Plan of the City.
(13) CUL-DE-SAC: A local street with only one outlet and having
a circuit for traffic reversal that is determined
to be safe and convenient by the City
Engineer.
(14) DEDICATION: The setting apart, acceptance, and
confirmation by the Council of land or an
interest in land for use by the public.
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CHAPTER 1 (Revision: February 29, 2024) Page 261
(15) DEVELOPER: A person who subdivides or proposes to
subdivide land, whether as an owner or an
agent of an owner.
(16) DEVELOPMENT: The land that is subdivided or proposed for
subdivision by a Developer.
(17) EASEMENT: The use of a designated part of property,
authorized by the owner, for another, in
perpetuity.
(18) FRONTAGE: That side of a Lot abutting on a Street from
which primary pedestrian access to the Street
is made.
(19) GRADE: The slope of a road or street expressed as a
percentage amount.
(20) IMPROVEMENT: Any alteration to, or construction upon real
property, which increases the value or utility
of the land.
(21) INDIVIDUAL SEWAGE
DISPOSAL SYSTEM:
A septic tank, seepage tile sewage disposal
system, or any other sewage treatment device
not connected or intended to serve more than
one Building or connected to any other public
or private sewage system.
(22) LOT: A tract, plot, or portion of a Subdivision or
other parcel of land of sufficient dimension
and area to meet the applicable zoning
requirements for lot size.
(23) LOT, CORNER: A Lot situated at the intersection of two
Streets.
(24) OPEN SPACE: An area open to the sky that is exclusive of
Streets, Buildings, or other covered
structures.
(25) OWNER: Any person, group of persons, partnership,
corporation, limited liability company, or
other legal entity having legal title to, or an
interest in, the land proposed to be
subdivided.
(26) PLAT A term referring to an Amended Plat, Final
Plat, Preliminary Plat, and/or Sketch Plat.
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CHAPTER 1 (Revision: February 29, 2024) Page 262
(27) PLAT, AMENDED: A change in the Final Plat of an approved or
recorded Development that affects the layout
of any Street or area reserved for public use
or creates any additional Lots.
(28) PLAT, FINAL: The final drawing of the Development,
including all dedications, certificates, and
acknowledgments thereon, which conforms
to the provisions of this chapter.
(29) PLAT, PRELIMINARY: The preliminary drawing or drawings,
indicating the proposed manner or layout of
the Development, including street layout and
design, lots, blocks and proposed zoning,
which conforms to the provisions of this
chapter.
(30) PLAT, SKETCH: A sketch prior to the preparation of a
Preliminary Plat and/or Final Plat with no
dedication, used for the purpose of generally
discussing the proposed Subdivision and any
applicable requirements.
(31) PUBLIC IMPROVEMENT: Any drainage system, road, curb, sidewalk,
off-street parking area, sewer system, water
system, or any other facility for which the
City may assume responsibility, or which
may affect Improvements that are presently
the responsibility of the City.
(32) PUBLIC WAY: A Right-of-Way for use of motor vehicles,
including any sidewalks, that has been
dedicated to the public for public use and
accepted by the Council. Dedication shall be
evidenced by a Final Plat approved by the
Council in accordance with the provisions of
this chapter or by a public dedication
accompanied by a written resolution of the
Council accepting such dedication.
(33) RECORDING: The act of filing and recording a document
with the Bonneville County Recorder and
submitting a full-size and complete copy of
the recorded document to the City Clerk.
(34) REPLAT or RE-SUBDIVIDE: The creation or submission of an Amended
Plat.
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CHAPTER 1 (Revision: February 29, 2024) Page 263
(35) RIGHT-OF-WAY: A strip of land, being the entire width
between the boundary lines (i.e., measured
from property line to property line), occupied
or intended to be occupied by a Public Way,
sidewalk, railroad, public utility, public
easement, or other public use.
(36) SALE or LEASE: Any immediate or future transfer of
ownership or any reversionary interest in
land, including a contract of sale, whether by
deed, contract, plat, or other agreement.
(37) SETBACK: The minimum horizontal distance between
any property line of a Lot and the foundation
or wall of the Building, excluding uncovered
steps. Uncovered steps or a deck may not
extend into the Setback more than one-third
of the Setback.
(38) STANDARD
SPECIFICATIONS:
The most recently issued Idaho Standards for
Public Works Construction, as modified by
the standard specifications and drawings
adopted by the City from time to time.
(39) STREET: A Public Way that is not an Alley, but
including any adjacent sidewalk.
(40) STREET, DEAD-END: A Street or portion thereof, with only one
point of ingress and egress.
(41) SUBDIVIDE
(or SUBDIVISION):
The division of land into three or more lots,
at once or through more than one division
occurring within any period of ten years,
including any replat of land.
(42) SUBDIVISION AGREEMENT: A legal document or contract between the
Developer and the City that sets forth the
rights, duties, and obligations of all parties
regarding each specific Subdivision or
Development.
(43) SUBDIVISION DIRECTIVES: The written regulations, procedures, and
specifications established by the City
Engineer, consistent with this chapter, to
more particularly set forth the information
required to be submitted in the Application
and the particular manner in which the Sketch
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CHAPTER 1 (Revision: February 29, 2024) Page 264
Plat, Preliminary Plat, and/or Final Plat shall
be drawn.
(44) SUBDIVISION POLICY: The procedures and policies for
administering and processing a Subdivision
application, as may be adopted by ordinance
or resolution of the Council, which policy
implements the provisions of this chapter.
(45) VARIANCE: A modification of the strict application of this
chapter.
(Ord. 182-05-14, 8/19/2014); (Ord. 225-10-18, 10/20/2018); (Ord. 252-03-21, 3/16/2021);
(Ord. 298-01-24, 1/23/2024).
10-1-4: PLATTING REQUIREMENT.
(A) Platting Required. No person shall Subdivide or Re-Subdivide any piece, parcel, or tract
of land situated within the City or within one mile outside the City limits or Re-Subdivide,
sell, lease, or convey any Development or portion thereof, within said area, without first
recording a Final Plat approved by the City in conformity with the requirements of this
Iona Subdivision Ordinance. Notwithstanding the foregoing, any Development situated
within an officially designated area of City impact as provided for in Section 67-6526,
Idaho Code, shall be subject to the terms and provisions of any area of impact agreement
between the City and Bonneville County, Idaho.
(B) Exclusions. Notwithstanding Subsection 10-1-4(A), above, no Final Plat must be recorded
in the following circumstances:
(1) A bona fide Sale, division, or partition of land intended strictly for use thereafter as
Agricultural Land. The intent to construct, as evidenced by a request for a building
permit, a residence, apartment, commercial, or industrial Building or other
nonagricultural Building or Buildings upon such tract of land shall be deemed
sufficient evidence that the land described in the application for a building permit
is no longer agricultural and shall immediately subject such land to the
requirements of this Iona Subdivision Ordinance.
(2) An allocation of land in settlement of an estate of a decedent or a court decree for
the distribution of property.
(3) An involuntary sale of land as result of legal condemnation as defined and allowed
in the Idaho Code.
(4) A widening of any existing Right-of-Way to conform to the comprehensive plan or
by authority of the City.
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CHAPTER 1 (Revision: February 29, 2024) Page 265
(5) The acquisition of a Right-of-Way by a public agency in conformity with the
Comprehensive Plan.
(6) An exchange of land for the sole purpose of straightening property boundaries or
enlarging any existing Lot, and which does not create additional Lots.
(C) Amended Plat or Replat. Whenever a Developer proposes to Subdivide or Re-Subdivide
and platting is required pursuant to this section, the Developer shall file an Application,
which shall be processed in the manner set forth in this Iona Subdivision Ordinance.
(Ord. 182-05-14, 08/19/2014); (Ord. 225-10-18, 10/20/2018).
10-1-5: GENERAL PLAT REQUIREMENTS.
(A) Plat Specifications. All Plats shall comply with Idaho Code Section 50-1304, this Iona
Subdivision Ordinance, and the Subdivision Directives.
(B) Subdivision Directives. Consistent with the provisions of the City Code, the City
Engineer may establish Subdivision Directives that describe the information required to be
submitted in or with any Plat or Application or are reasonably necessary to assure legibility,
permanency, clarity, reproducibility, accuracy, uniformity, and neatness of the Plat. The
City Engineer shall, upon request, make available a written copy of the Subdivision
Directives.
(C) Scale. The map drawings on any Plat shall be at a scale of one inch equals up to one
hundred feet (1" = 100').
(D) Standards. All Plats shall be drawn in accordance with generally accepted engineering
standards and practices and shall be drawn in such a manner as will assure legibility, clarity,
reproducibility, accuracy, uniformity and neatness of the Plat.
(Ord. 225-10-18, 10/20/2018); (Ord. 234-12-19, 12/17/2019).
10-1-6: APPLICATION FOR SUBDIVISION APPROVAL.
(A) Application Required. Whenever a Developer requests approval of any Plat, the
Developer shall submit a Completed Application. No Plat shall be recorded until a
Completed Application has been filed with the City Clerk and approved by the Council in
accordance with the provisions of this Iona Subdivision Ordinance.
(B) Form of Application. The City Clerk shall prepare one or more form Applications, which
shall require sufficient information to determine if the Plat complies with the provisions of
this Iona Subdivision Ordinance and the City Code. The City Clerk shall, upon request,
make available a written copy of any blank Application.
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CHAPTER 1 (Revision: February 29, 2024) Page 266
(C) Contents. Each Completed Application shall accurately and fairly describe and depict all
improvements, structures, boundary lines, lot configurations, area to be developed, existing
and proposed land use and zoning, grades, land contour, recreational and public use area,
utilities(including water works), topography, streets, alleys, easements, and shall contain
such other information as may be necessary to determine if the proposed Development
complies with the requirements of this Iona Subdivision Ordinance
(D) Payment of Fees Required for Submission. An Application shall be deemed to be filed
with the City Clerk’s office upon payment of all fees required by this Iona Subdivision
Ordinance and receipt of a Completed Application using the appropriate form prepared by
the City Clerk.
(E) Submission Date. Every Application shall be filed with the City Clerk at least twenty-
five days before the meeting date of the Commission or Council at which the Applicant
desires such Application to be considered.
(Ord. 225-10-18, 10/20/2018).
10-1-7: PRELIMINARY PLAT APPROVAL PROCESS.
(A) Action by City Clerk. Once the appropriate Completed Application for approval of a
Preliminary Plat and required fees have been submitted, the City Clerk shall:
(1) Cause the consideration of such Completed Application to be placed on the agenda
of the Commission’s next meeting that is at least twenty-five days after the date of
submission, unless otherwise requested by the Applicant;
(2) Cause the consideration of such Completed Application to be placed on the agenda
of the Council’s next meeting after the meeting at which the Commission will
consider such Completed Application; and
(3) Cause arrangements to be made to provide notice, in the manner required by law,
of (a) the meeting relating to the consideration of such Completed Application
before the Commission and (b) the public hearing relating to the consideration of
such Completed Application before the Council.
(4) Forward copies of the Completed Application to the Mayor, each member of the
Council, each member of the Commission, the City Public Works Director, the City
Engineer, the City Attorney, and other City staff as the Mayor shall direct.
(B) Commission Consideration. At the meeting at which the Commission considers such
Completed Application, the Commission shall review the Completed Application—
including the Preliminary Plat—to determine its compliance with this Iona Subdivision
Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. The
Applicant, Developer, and/or Owner may (but is not required to) address the Commission
to present additional evidence, answer questions from the Commission members, or make
TITLE 10 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 267
any other statement relevant to the Completed Application under consideration. The
Commission may (but is not required to) allow interested persons to address the
Commission in relation to the Completed Application under consideration. The
Commission shall prepare a written recommendation on such Completed Application and
cause its written recommendation to be forwarded to the Council before the meeting at
which the Council considers the Completed Application.
(C) Council Consideration. The Council shall conduct a public hearing in which interested
persons shall have an opportunity to be heard in relation to the Completed Application.
At the meeting at which the Council considers such Completed Application, the Council
shall consider the Commission’s written recommendation and review the Completed
Application—including the Preliminary Plat—to determine its compliance with this Iona
Subdivision Ordinance; the Comprehensive Plan; and all applicable federal, state, or local
laws.
(D) Council Action. Within 60 days after the date of the Council meeting at which the
Completed Application was first submitted, the Council shall complete its consideration
and review and shall either (a) approve, (b) conditionally approve, or (c) disapprove of the
Preliminary Plat and Completed Application.
(1) If the Preliminary Plat is approved, the Council shall advise the Developer in
writing of the Council’s approval.
(2) If the Preliminary Plat is conditionally approved, the Council shall advise the
Developer in writing of the conditions under which the approval is to be granted
and, upon Developer’s complete compliance with those conditions and the
Developer’s written certification of such compliance, the Preliminary Plat shall be
deemed approved.
(3) If the Preliminary Plat is disapproved, the Council shall advise the Developer, in
writing, of the reasons for denial of the Application.
(E) Expiration of Approval.
(1) Approval of a Preliminary Plat shall expire at such time as the Council may specify
or, if no other time is specified by the Council, one year after such Preliminary Plat
is approved.
(2) Provided, in the event a Final Plat relating to the same Development depicted on
such Preliminary Plat has been approved by the Council before the expiration of
the approval of the Preliminary Plat, the approval of the Preliminary Plat as to any
area of the Development not included within the Final Plat shall be deemed renewed
for one year after such Final Plat is approved unless otherwise specified by the
Council.
(3) Notwithstanding the above provisions, the Council may specify another expiration
date for its approval of any Preliminary Plat, but the Council may not set the
TITLE 10 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 268
expiration of such approval any later than one year after the approval of the
Preliminary Plat or approval of a Final Plat. Upon request of the Developer, the
Council may extend its approval for a period of not to exceed one year from the
date of the initial approval of the Preliminary Plat or Final Plat, as the case may be.
(4) The Council shall advise the Developer of the expiration date of the Preliminary
Plat at the time it approves any request for sectionalization.
(Ord. 225-10-18, 10/20/2018); (Ord. 248-12-20, 12/15/2020).
10-1-8: FINAL PLAT APPROVAL PROCESS.
(A) Additional Application Requirements for Approval of a Final Plat. Following the
approval of the Preliminary Plat, as the case may be, the Developer may file with the City
Clerk an Application for approval of a Final Plat. Such Completed Application shall, in
addition to all general requirements of a Completed Application, contain the following:
(1) A Completed Application requesting approval of the final plat in the appropriate
form prepared by the City Clerk, including a request for annexation or zoning, if
appropriate;
(2) Proof of current ownership of the real property included in the proposed Final Plat;
(3) Development street and utility improvement drawings prepared in accordance with
generally accepted engineering practices, the requirements of this Iona Subdivision
Ordinance, the Subdivision Directives, and any Subdivision Policy adopted by the
Council;
(4) A copy of a proposed Subdivision Agreement;
(5) Copies of any easements or other covenants which run with the land;
(6) Proof of payment of all fees prescribed by City ordinance; and
(7) Any other maps, data, or information deemed necessary by the City Engineer to
determine compliance with the provisions of this chapter.
(B) Action by City Clerk. Once the appropriate Completed Application for approval of a
Final Plat and required fees have been submitted, the City Clerk shall:
(1) Cause the consideration of such Completed Application to be placed on the agenda
of the Commission’s next meeting that is at least twenty-five days after the date of
submission, unless otherwise requested by the Applicant;
(2) Cause the consideration of such Completed Application to be placed on the agenda
of the Council’s next meeting after the meeting at which the Commission will
consider such Completed Application; and
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(3) Cause arrangements to be made to provide notice, in the manner required by law,
of (a) the meeting relating to the consideration of such Completed Application,
including any request for annexation or zoning, before the Commission and (b) the
public hearing relating to the consideration of such Completed Application,
including any request for annexation or zoning, before the Council.
(4) Forward copies of the Completed Application to the Mayor, each member of the
Council, each member of the Commission, the City Public Works Director, the City
Engineer, the City Attorney, and other City staff as the Mayor shall direct.
(C) Commission Consideration. At the meeting at which the Commission considers such
Completed Application, the Commission shall review the Completed Application—
including the Final Plat—to determine its compliance with this Iona Subdivision
Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. The
Applicant, Developer, and/or Owner may (but is not required to) address the Commission
to present additional evidence, answer questions from the Commission members, or make
any other statement relevant to the Completed Application under consideration. The
Commission may (but is not required to) allow interested persons to address the
Commission in relation to the Completed Application under consideration. The
Commission shall prepare a written recommendation on such Completed Application and
cause its written recommendation to be forwarded to the Council before the meeting at
which the Council considers the Completed Application.
(D) City Engineer’s Consideration. The City Engineer shall, with the assistance of a surveyor
as necessary, review the Completed Application—including the Final Plat—to determine
its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all
applicable federal, state, or local laws. The City Engineer shall prepare a written
recommendation on such Completed Application and cause its written recommendation to
be forwarded to the Council before the meeting at which the Council considers the
Completed Application.
(E) Council Consideration. The Council shall conduct a public hearing in which interested
persons shall have an opportunity to be heard in relation to the Completed Application.
At the meeting at which the Council considers such Completed Application, the Council
shall consider the Commission’s written recommendation, the City Engineer’s written
recommendation, and review the Completed Application—including the Final Plat—to
determine its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan;
and all applicable federal, state, or local laws. The Council may, in accordance with the
public notice provided as required by law, simultaneously consider a request for
annexation, zoning, rezoning, and/or amendment of the Comprehensive Plan relating to the
same property.
(F) Council Action. Within 60 days after the date of the Council meeting at which the
Completed Application was first submitted, the Council shall complete its consideration
and review and shall either (a) approve or (b) disapprove of the Final Plat and Completed
TITLE 10 IONA CITY CODE
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Application; provided, however, that the Developer may request that the matter be
recessed, and in such event, the 60-day period shall not commence running until the matter
is again considered by the Council.
(1) If the Final Plat conforms to the provisions of this Iona Subdivision Ordinance and
all other applicable federal, state, or local laws, the Council shall approve the Final
Plat and authorize the Mayor and City Clerk to sign the original Final Plat. If the
Final Plat is approved, the Council shall advise the Developer in writing of the
Council’s approval.
(2) If the Final Plat is disapproved, the Council shall specify, in writing, the ordinances
and standards used in evaluating the Completed Application, and its reasons for
denial thereof and the actions, if any, that the Applicant may take to obtain their
approval.
(G) Recording of Final Plat. All Final Plats shall be recorded within 90 days after approval
by the Council, unless an extension of time is granted by the Council. If the Final Plat is
not recorded within the specified time because of the Developer’s failure to meet the
requirements specified herein, the Council may rescind its approval of the Final Plat.
(Ord. 225-10-18, 10/20/2018); (Ord. 248-12-20, 12/15/2020).
10-1-9: SMALL SUBDIVISION PROCESS. [Reserved].
(Ord. 225-10-18, 10/20/2018).
10-1-10: THIRD PARTIES. Any person, other than an Applicant, may request notice and
service of any decision made by the Council under this Iona Subdivision Ordinance by submitting
a written request for such notice to the City Clerk and any such notice and service shall be provided
electronically by e-mail to an email address provided by such person.
(Ord. 225-10-18, 10/20/2018).
10-1-11: POST-DECISION REMEDIES. Any person who parks.
(A) Reconsideration.
(1) Any person denied a permit or aggrieved by a decision may, within 14 days after
the Council has issued a decision under this Iona Subdivision Ordinance, seek
reconsideration of such decision by submitting a written request for
reconsideration, which shall explain all the reasons (legal, factual, or otherwise)
why the person asks the Council to reconsider its decision.
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(2) The Council shall hear the request for reconsideration at the next possible Council
meeting before which sufficient public notice can be provided, as required by law.
(3) Within 14 days after the date of the Council meeting at which the request for
reconsideration is considered, the Council shall, in writing, notify the Applicant
and any person who requested reconsideration that the Council is either (a)
upholding its prior decision or (b) altering its prior decision in a manner specified.
(B) Appeal. Any person denied a permit or aggrieved by a decision may, within 28 days after
all remedies have been exhausted under this Iona Subdivision Ordinance, seek judicial
review pursuant to the procedures set forth in Section 67-6521, Idaho Code, as amended.
(Ord. 225-10-18, 10/20/2018).
10-1-12: VARIANCES. The Council may grant a Variance to the terms and provisions of
this Iona Subdivision Ordinance. A Variance may be granted only upon an express finding that
all of the following conditions exist.
(A) There are special circumstances or conditions affecting the property such that a strict
application of this Iona Subdivision Ordinance would clearly be impracticable or
unreasonable;
(B) Strict compliance with this Iona Subdivision Ordinance would result in extraordinary
hardship, as distinguished from mere inconvenience, to the Developer because of the
particular physical surroundings, shape, or unusual topography of the Developer’s
property, and will substantially preclude development of the property;
(C) The circumstances for which the variance is sought are unique to the property and are not
applicable to other properties similarly situated;
(D) The variance is the least deviation from this chapter necessary to mitigate the hardship;
(E) The granting of the variance will not be substantially detrimental to the public safety,
health, welfare or will not substantially injure other property adjoining the property for
which the variance is sought;
(F) The variance is not otherwise contrary to law; and
(G) The conditions necessitating the variance were not caused by or in any way arise from the
actions of the Developer.
(Ord. 225-10-18, 10/20/2018).
10-1-13: SUBDIVISION APPLICATION FEES. The following fees are hereby
established relative to the processing of Applications.
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(A) Application Fee for Consideration of Preliminary Plat. Any Applicant submitting a
Completed Application seeking approval of a Preliminary Plat shall pay to the City Clerk
a fee of $500.00.
(B) Application Fee for Consideration of Final Plat. Any Applicant submitting a Completed
Application seeking approval of a Final Plat shall pay to the City Clerk a fee as follows:
Number of Lots Amount of Fee
1 to 10 lots $ 2,120.00
11 to 50 lots $ 6,600.00
51 lots or more $ 12,200.00
(C) Fee for Consideration of Development Improvement Plans and for Infrastructure
Inspection. Any person who requests acceptance by the City of any street, utility line, or
other public improvement within a Development shall submit improvement plans, profiles,
and specifications for such improvements to the City Clerk. Substantial construction of
said public improvements shall not be commenced until the City Engineer has reviewed
and approved such plans and the Applicant has paid a fee as follows:
Number of Lots Amount of Fee
1 to 10 lots $ 3,200.00
11 to 50 lots $ 12,800.00
51 lots or more $ 24,800.00
(1) If such improvement plans comply with all state and local laws and ordinances and
any Subdivision Agreement executed or to be executed between the City and such
Developer, the City Engineer shall endorse his approval upon the improvement
plans and shall cause a notice to be imprinted upon the applicable Plat stating that
the City will not accept ownership or maintenance of such public improvements
until a professional engineer licensed in the State of Idaho has inspected the
construction of such public improvements and has delivered his written
certification to the City Engineer that such inspection was made and that
construction of such improvements meets or exceeds the minimum standards set
forth in the Standard Specifications.
(2) “As-built” drawings of such public improvements shall also be prepared by such
engineer and delivered to the City Engineer immediately upon completion of all
public improvements shown on the plans, or upon completion of any portion thereof
as required by the City.
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(D) Rebate Upon Filing of “As-Built” Drawings. Upon delivery of the “as-built” drawings,
together with the certification of the professional engineer within 90 days after the
completion of all public improvements shown on the plans or any portion thereof as
required or permitted by the City, the City Engineer shall then cause a “Notice of Public
Acceptance of Street and Utilities” to be recorded in the Bonneville County Recorder's
office for those public improvements which have been accepted by the City. The City
Engineer shall also cause the following portion of the above-referenced fees to be rebated
to the developer or other person who paid the same, according to the following schedule:
1 to 10 lots Amount of Rebate
Final Plat $1,060.00
Subdivision Improvement Plans and
Street & Utility Construction Inspection
$1,600.00
11 to 50 lots Amount of Rebate
Final Plat $3,300.00
Subdivision Improvement Plans and
Street & Utility Construction Inspection
$6,400.00
51 lots or more Amount of Rebate
Final Plat $6,100.00
Subdivision Improvement Plans and
Street & Utility Construction Inspection
$12,400.00
(1) In the event the Developer or Owner fails to file such “as-built” drawings and
deliver such certification within 90 days after the completion of all public
improvements shown on the plans or any portion thereof as required or permitted
by the City, then the developer or owner shall forfeit all right to such rebate. The
City Engineer shall cause the Development and any public improvements to be
inspected and, once satisfied that they have been completed per the approved Final
Plat and improvements plans, the City Engineer shall then cause a “Notice of Public
Acceptance of Street and Utilities” to be recorded in the Bonneville County
Recorder's office for those public improvements which have been accepted by the
City.
(Ord. 225-10-18, 10/20/2018).
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10-1-14: SUBDIVISION STANDARDS. All improvements located upon land which is
subdivided shall be designed and constructed in compliance with the following laws, rules and
regulations, and standards:
(A) Local Ordinances. The City Code, as applicable, including the Zoning Ordinance of the
City of Iona, the Uniform Building Code (as adopted and/or amended by the City), the
Uniform Fire Code (as adopted and/or amended by the City), and the Uniform Plumbing
Code (as adopted and/or amended by the City).
(B) State Laws. All applicable laws of the State including Sections 50-1304 through 50-1310,
Idaho Code, and all rules and regulations, having the force and effect of law, promulgated
by the Idaho Department of Transportation, Idaho Department of Health and Welfare,
Idaho Department of Environmental Quality, or other agency of the State of Idaho.
(C) The Standard Specifications.
In the event of any irreconcilable inconsistency between the Standard Specifications and this
Chapter, the provisions of this Chapter shall prevail.
(Ord. 225-10-18, 10/20/2018).
10-1-15: SURVEYING AND MONUMENTS.
(A) All linear dimensions shown on a Plat shall be calculated to the nearest one-hundredth
(0.01) of a foot and all bearings shall be calculated to one second (1”) of arc. All curves
shall be defined by the radius, central angle, tangent, arc, and chord distances. The
description and location of all monuments shall be shown. Monuments conforming to the
requirements of the Idaho Code shall be set at centerline tangent points, centerline points
of curve, centerline points of intersection of streets, and any subdivision boundary points
that fall in the paved area of the streets and shall be existing at the time of the City's final
acceptance of the street improvements. All points on the exterior boundary of the
subdivision where the boundary changes direction shall be marked with monuments
conforming to the requirements of the Idaho Code, consisting of iron or steel rods not less
than five-eighths inch (5/8”) in diameter and twenty-four inches (24”) long. Points shall
be plainly and permanently marked upon monuments so that measurements may be taken
to them to one-tenth (0.1) of a foot. All lot corners shall be marked with monuments
meeting the requirements of the Idaho Code, consisting of iron or steel rods, not less than
one-half inch (1/2”) in diameter and twenty-four inches (24”) long. These points shall be
marked prior to final acceptance by the City of the Public Improvements in the
Development. No Plat showing a plus or minus distance will be accepted unless agreed to
by the City Engineer. The survey for any Plat shall be conducted in such a manner as to
produce an unadjusted mathematical error of closure of each area bounded by property
lines within the survey of not more than one (1) part in five thousand (5,000).
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(B) All bearings shall conform to the 2004 Idaho Falls datum. All points requiring monuments
shall, if directed by the City Engineer, have coordinates based on the State plane coordinate
system shown on the Plat. A definite tie between not less than two prominent points shall
be shown between the exterior boundary of the subdivision and the section corner and
quarter corner system as established by the United States Government and supplemented
by the City and Bonneville County, and shall be indicated by bearing and distance and
coordinates if directed by the City Engineer.
(C) The Final Plat shall be submitted to the City Clerk along with a computation sheet bearing
coordinates on all points, based on the State plane coordinate system, and upon the 2004
Idaho Falls datum.
(Ord. 225-10-18, 10/20/2018).
10-1-16: LOT IMPROVEMENTS.
(A) All lots shall be arranged so that each lot meets all qualifications necessary to secure a
building permit.
(B) Lot dimensions shall conform to the minimum standards in the Zoning Ordinance of the
City of Iona. All lots shall have at least 85 feet of frontage upon a dedicated street.
Frontage for lots located on a cul-de-sac shall be measured at the front set-back line.
(C) No Plat shall be approved where the area between the property line of any unplatted
property owned by the Owner and any other property owned by another, is of insufficient
size or is of an irregular configuration such that the area cannot reasonably be used to
develop lots that will conform to the provisions of this Iona Subdivision Ordinance and the
Zoning Ordinance of the City of Iona.
(D) All lots shall have full frontage on, and access to, a Street or shall have access to a Street
through a private access road approved in accordance with the provisions of Section 11-
11-26 of this Code.
(E) Adequate provisions shall be made for soil preservation, drainage patterns, and debris and
waste disposal and collection.
(F) Side lines of lots shall be at, or near, right angles or radial to the street lines. All corner
lots shall have a minimum radius of 20 feet on the property line.
(G) All property within the Development shall be included within a lot or an area dedicated for
public use.
(H) All residentially zoned corner lots shall be a minimum of 10 percent larger in area than the
average area of all similarly zoned lots in the Plat or Development under consideration,
unless such average lot area is greater than 25,000 square feet. If less than 10 lots are
shown in the subdivision or plat under consideration, then the City Engineer may use other
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Plats or Developments within the surrounding area to calculate the average area of all
similarly zoned lots within the vicinity of the property under consideration.
(Ord. 182-05-14, 8/19/2014); (Ord. 225-10-18, 10/20/2018).
10-1-17: REQUIREMENTS FOR PUBLIC WAYS.
(A) All Public Ways within the Development shall be dedicated for public use.
(B) Alignment.
(1) All major Streets in the Development must conform to the major street plan of the
City, as may be adopted by the City or as set forth in the Comprehensive Plan.
(2) The alignment and width of previously platted Public Ways shall be preserved
unless topographical conditions or existing buildings or structures require
otherwise.
(3) Public Ways shall be laid out so as to intersect as nearly as possible at right angles
and no street shall intersect any other street at less than 80º or greater than 100º.
Notwithstanding the foregoing, the City Engineer may allow an angle of
intersection less than 80º or greater than 100º for a Public Way if circumstances so
warrant.
(4) All dead-end streets shall be cul-de-sacs, provided at the closed end with a turn-
around having a street property line diameter of at least 90 feet, and that are:
(a) Permanently not longer than 400 feet; or
(b) A temporary dead-end street with a distance of greater than 400 feet in
length (measured from the center point of the nearest intersection to the
center point of the cul-de-sac), provided the Developer files or has already
filed a Preliminary Plat of an adjoining Development depicting a through
Street connecting to such temporary dead-end street that is not a dead-end
street, and provided further the Council may order the Developer to file a
Final Plat for such Preliminary Plat, at any time at the expiration of three
years after the date the Plat showing the temporary dead-end street was
approved; or
(c) Designed and constructed pursuant to a detailed plan approved by the City
Council in conjunction with any Final Plat or in advance of the
commencement of any construction (whichever is earlier), in order to
protect public safety, which plan may include (but is not limited to)
requiring the street to be wider than normal, including the installation of
additional fire hydrants, and/or providing additional signage.
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(5) Public Ways in new Developments shall continue the alignment of existing Public
Ways in adjoining Developments, or their proper projections when adjoining
property is not subdivided. All Rights-of-Way (Streets, Alleys, utility lines, etc.)
shall be arranged in a manner that will, insofar as possible, facilitate convenient
extension and connection thereof to future Public Ways that may be developed by
the owners of adjoining property.
(6) In determining the appropriate angle of intersection of two or more Public Ways or
other issues with regard to the alignment of Public Ways, the City Engineer may
take into consideration the following factors:
(a) Zoning and land usage of the area in which the street is located.
(b) Anticipated traffic volume and character of traffic use.
(c) Character or function of the street.
(d) Vehicular and pedestrian safety.
(e) Anticipated future growth in the area served by the street.
(f) Population density in the area served by the street.
(C) Width.
(1) The minimum width of all Streets shall be 70 feet. Notwithstanding the foregoing,
the City Engineer may require a wider width for a Street if circumstances so
warrant.
(2) All Alleys shall be at least 20 feet in width. Notwithstanding the foregoing, the
City Engineer may require a wider width for an Alley if circumstances so warrant.
(3) In determining the appropriate width for any Public Way or the appropriate angle
of intersection of two or more Public Ways, the City Engineer may take into
consideration the following factors:
(a) Zoning and land usage of the area in which the street is located.
(b) Anticipated traffic volume and character of traffic use.
(c) Character or function of the street.
(d) Vehicular and pedestrian safety.
(e) Anticipated future growth in the area served by the street.
(f) Population density in the area served by the street.
(4) The dedication of half streets in any Development is prohibited except where
essential to the reasonable development of the Development in conformity with
other requirements of this Iona Subdivision Ordinance and where it will be
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practicable to require the dedication of the other half when the adjoining property
is subdivided. Wherever a half street is situated adjacent to a tract to be subdivided,
the other half shall be platted within such tract.
(D) Grading and Hydrologic Considerations.
(1) All Public Ways other than sidewalks shall have a minimum vertical (longitudinal)
grade of 0.4 percent, with the maximum grade being 7 percent for major Streets
and 10 percent for Alleys or local/minor Streets. Stormwater features in the
Development shall be utilized in a manner that will prevent flooding in the lower
elevations of the Development during rain or snow melt on frozen ground events.
(2) Sizing criteria shall utilize Rational Method Calculations with the minimum rain
intensity and infiltration values provided in the Standard Specifications.
(3) Infiltration trenches may be used at periodic low points created with adverse
longitudinal grading in the Public Way profiles to ensure flooding does not occur
at the lower elevations of the Development. Driveways across swales shall be
graded or have culverts installed so as to avoid impeding the flow of surface waters.
(4) Hydrologic design for curb-and-gutter Public Ways may be completed with the use
of accepted engineering principles and the Subdivision Directives.
(E) Construction.
(1) All Streets shall conform to the Standard Specifications for sub-grade, sub-base,
crushed gravel, pavement, asphalt and chip seal, and sidewalk—except to the extent
a different standard is expressly adopted in this Section. The construction of each
Street section shall also be in accordance with the methods and procedures set forth
in the Standard Specifications—except to the extent a different standard is
expressly adopted in this Section. Notwithstanding the Standard Specifications, the
street cross section shall be constructed in accordance with the Subdivision
Directives.
(2) All streets and driveway approaches shall be constructed in accordance with the
Standard Specifications for a rural street section. No residential driveway
approach, excluding any transition slope, shall exceed 30 feet in width across any
portion thereof unless permitted in accordance with Section 10-1-17(E)(3), below.
Further, multiple driveway approaches (such as half-circle driveways or multiple
independent driveways), excluding any transition slope, shall not exceed 50 percent
of the length of the frontage of the lot unless permitted in accordance with Section
10-1-17(E)(3), below.
(3) Any person desiring a driveway approach in excess of the limits provided in Section
10-1-17(E)(2), above, shall first submit an application to the City, together with an
application fee of $200, which application shall include or attach the following
information: the applicant’s name and address, the landowner’s name and address,
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the legal description of the property for which the application is submitted,
landowner’s consent to the application, the plan for the proposed driveway
approach, and the required engineering work to show that the proposed driveway
approach will (a) not conflict with the public interest (including, but not limited to,
neighborhood appearance and aesthetic considerations), and (b) satisfy, by other
means, the purposes of limiting driveway approaches (including, but not limited to,
drainage and public safety) in accordance with accepted engineering principles, the
Subdivision Directives, and the City’s standard specifications and drawings. This
application shall be considered by the City Council.
(4) Half-circle driveways may be constructed in any residential zone, provided the
inside diameter of such driveway shall be no greater than 50 percent of the length
of the frontage of the lot upon the street on which such accesses are located, or in
the case of a corner lot having driveway accesses upon two streets, then the
combined length of the street frontage encompassed within such driveway exits
shall be no greater than 25 percent of the combined frontage of the lots on both
streets.
(5) All sidewalks throughout the Development shall be five feet wide and constructed
per the standards required by the Americans with Disabilities Act and all rules
and/or regulations associated therewith, including connecting sidewalks through
the drainage swales in each direction at each street corner. Sidewalks must be
placed over the minimum base requirements given in the Standard Specifications.
Sidewalk concrete shall be properly cured by Developer using any method allowed
by the Standard Specifications.
(6) Curbs at street intersections shall be rounded with curves having a minimum radius
of 25 feet.
(F) Where street lines within a block deflect from each other at any one point more than 10º,
there shall be a connecting curve. The radius of the curve for the inner street line shall be
not less than 700 feet for a major street, 250 feet for a collector or secondary street, and 50
feet for local or minor streets.
(G) Street name signs shall be erected by the developer at the corner of each intersection located
within the Development. Such signs shall conform to the Manual on Uniform Traffic
Control Devices (2009 Edition, including Revision 1 and 2, both dated May 2012), as
published by the United States Federal Highway Administration and most recently
supplemented by the State of Idaho (the “MUTCD”), and the Standard Specifications to
the extent not specified in the MUTCD. Sign posts shall be made of steel square tubing
with the one-piece anchor post per SD(Standard Drawing)-1130 of the Standard
Specifications. Street name signs are to be white lettering on green signage to match
existing City name signs and may be installed on the same sign post as any stop sign.
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(Ord. 225-10-18, 10/20/2018); (Ord. 264-06-21, 6/15/2021); (Ord. 278-07-22, 7/19/2022);
(Ord. 284-11-22, 11/15/2022); (Ord. 288-07-23, 7/18/2023); (Ord. 295-11-23, 11/21/2023);
(Ord. 298-01-24, 1/23/2024).
10-1-18: ALLEYS AND EASEMENTS.
(A) The minimum width of any Alley shall be 20 feet. Alleys may be required along the rear
line of business property and in the rear of all lots fronting major Streets.
(B) Where Alleys are not provided, easements of not less than eight feet in width shall be
dedicated on each side of all rear lot lines and six feet on side lot lines, where necessary,
for poles, wires, conduits, storm or sanitary sewers, and gas and water lines. Easements of
greater width may be required along lines across lots or along boundaries where necessary
for surface drainage or for the extension of main sewers or other utilities.
(C) Alley intersections and sharp changes in alignment shall be avoided, but where necessary,
corners shall be of sufficient radius to permit safe vehicular movement.
(D) Dead-end alleys shall be avoided where possible, but if unavoidable, such alleys shall be
provided with adequate turn-around facilities at the dead-end.
(Ord. 225-10-18, 10/20/2018).
10-1-19: BLOCKS.
(A) Blocks shall be designed in accordance with sound engineering practices and standards,
taking into consideration such factors as access, circulation, traffic safety and control,
topography, utilities, and service easements.
(B) Residential block lengths shall not exceed 1,300 feet nor be less than 400 feet. The City
Engineer may require dedication and construction of hard-surfaced pedestrian ways, not
less than five feet wide, where necessary, to provide safe and convenient circulation or
access to school, playgrounds, shopping areas, transportation, or any other community
facilities.
(Ord. 225-10-18, 10/20/2018).
10-1-20: FLOOD PLAIN AREAS. The City may prohibit the subdivision of any portion
of land which lies within the flood plain of any body of water as designated by the U.S. Department
of Housing and Urban Development for the public health, safety, and welfare if it is determined
that construction of such Development could create a potential hazard to the health or safety of the
occupants of the Development.
(Ord. 225-10-18, 10/20/2018).
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10-1-21: DOMESTIC WATER SYSTEM WORKS.
(A) Mainline Pipe. All mainline water pipe shall be AWWA C-900 (DR18) Polyvinyl
Chloride (PVC) bell and spigot pipe with rubber gasket joints. All fittings are to be ductile
iron. All PVC pipe shall be installed per the requirements of the Standard Specifications
and American Water Works Association C-605 Underground Installation of Polyvinyl
Chloride Pressure Pipe for Water. Flexible couplings for use with pipe shall be as specified
in ISPWC.
(B) Pipe Lay and Testing. Developer shall trench, lay, backfill, pressure test, and disinfect
all pipelines in accordance with the Standard Specifications and all applicable American
Water Works Association requirements.
(C) Trace Wire. No. 12 AWG insulated copper wire (the “Wire”) shall be placed over the top
of all mainline pipe, hydrant runs, and service lines from the mainline to each water meter
box. The Wire shall be accessible at the surface at all mainline gate valves and hydrants
and meter boxes.
(D) Hydrants. Hydrants shall be installed as specified in the Standard Specifications and as
required by the City. At each hydrant location, the hydrant shall be centered two feet from
the back of sidewalk within the utility easement and the hydrant valve shall be located in
the Public Way. Each hydrant shall be a Mueller Centurian, Clow Medallion, or Waterous
Pacer. Each hydrant shall be supplied to accommodate a bury depth of six feet and be
painted yellow.
(E) Gate Valves. Mainline resilient seated gate valves as per the Standard Specifications shall
be installed. Any valve larger than a 12-inch valve may be the butterfly type.
(F) Flush Hydrants. Developer shall provide and install flush hydrants, as specified by the
City Engineer, at the end of all permanent and temporary dead-end mainlines. All flush
hydrants shall be placed two feet from the back of the sidewalk, within the utility easement.
(G) Service Lines. Residential service lines shall be iron pipe size, one-inch diameter, 250 psi
rated polyethylene (“PE”) pipe per American Water Works Association C-901, as specified
in the Standard Specifications. Each service line connection to the mainline shall utilize a
service saddle and corporation stop as per the Standard Specifications for use with PE pipe.
(H) Meters. For each Lot in a Development, the size of the Lot shall determine the required
size of the meter. For each Lot that is less than ½ acre in size, a ¾-inch meter shall be
required. For each Lot that is ½ acre in size or larger, a 1-inch meter shall be required.
(I) Meter Boxes. All meter boxes in the Development shall be 18-inch diameter, 72-inch deep
Mueller Thermal-Coil type meter boxes, or an acceptable equivalent meter box, for use
with the required meter. Each meter box shall be complete with a side locking cast iron
lid, an angle dual check valve, insulation pad, and one-inch lock wing full port ball valve
to be used as a shutoff.
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(J) Meter Box Placement. Each water meter box, with meter, shall be centered two feet from
the back of sidewalk within the utility easement in the middle of each lot, while maintaining
a horizontal separation of at least 10 feet from the sewer service line. In all cases where
the meter/meter box assembly is placed on private property, an easement must be provided
with the Final Plat that will allow City access to the meter/meter box assembly.
(K) Meter Box Grading and Initiation of Service. The meter lid is to be set at or within one
inch above finished grade level, which is defined as the same elevation as the back of the
sidewalk in most cases. The City may place a lock in the closed position of each ball valve
after the meter/meter box assembly is installed. Any such lock will remain in place until
the water account has been established with the City and the meter box installation is
approved and accepted by the City.
(L) Backflow Prevention. Backflow prevention devices shall be installed on each Lot served
by the City’s water system, as required by and in accordance with Title 8, Chapter 2 of this
Code (including the specific requirements of Section 8-2-43), and the Idaho Department of
Environmental Quality requirements, including IDAPA 58.01.08. Backflow prevention
devices for residential lawn sprinkler systems shall be approved for use in Idaho.
(M) Pressure Testing and Bacteriological Testing of Water Lines. All materials testing
(frequency, test standards, etc.) shall be in accordance with the Standard Specifications and
conducted by an independent testing firm. Developer’s independent testing firm will report
all test results to the City Public Works Department (in writing, by email to
publicworks@cityofiona.org) on a weekly basis throughout construction. A Professional
Engineer, employed by Developer, shall witness each pressure test segment and monitor
each segment proven bacteriologically safe. Developer and/or Project Engineer shall
notify the City’s Public Works Department (in writing, by email to
publicworks@cityofiona.org) 24 hours in advance of each water pressure test so that a
representative of the City may, at the City’s election, also be present during each test.
(Ord. 225-10-18, 10/20/2018).
10-1-22: WATER AND SEWAGE FACILITIES.
(A) The developer shall design and construct all utility improvements and extensions in a
manner which ensures sufficient sanitary sewage disposal; storm drainage; and water
quality, quantity, and pressure for domestic use and fire protection. All water, sewage, and
storm drainage utility systems shall be designed in accordance with sound engineering
standards and the rules and regulations of the Idaho Department of Environmental Quality.
No construction on such utility systems may be commenced until the City Engineer and
the Idaho Department of Environmental Quality have approved the design of such system
in writing.
(B) Individual sewage systems or treatment plants may be used if such systems are not
otherwise prohibited by this Code and the design thereof is approved by the Idaho
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Department of Environmental Quality, the Idaho Department of Health and Welfare, and
the City Engineer. In considering such systems, the City Engineer shall consider:
(1) The size of the Lot seeking to utilize an individual system;
(2) Whether there is a significant distance from sewer line;
(3) The proximity of the system to other water sources, land uses, and Lots; and
(4) Whether connecting to another sewage system is an economical or viable option.
(C) No Plat shall be accepted by the City or recorded unless the plat bears the necessary water
and sanitary certificates required by Idaho Code Sections 50-1326, 50-1334, and 31-3805,
as amended.
(Ord. 225-10-18, 10/20/2018).
10-1-23: ELECTRICAL UTILITIES.
(A) All electrical distribution and service lines located outside the original townsite shall be
buried underground.
(B) The Developer of a Development shall depict the location of all street lights on the
Development improvement plans, which shall be approved by the City. After approval of
the Final Plat (including the improvement plans), the City shall coordinate with the
applicable electric utility provider to install, own, and maintain the street lights—utilizing
(as possible and recommended by the applicable electric utility provider) 33-foot wood
poles, LED type bulbs in cobra head lights, mounted on standard metal extension arms—
and other necessary related infrastructure. City shall cooperate with Developer to
coordinate with the applicable electric utility provider regarding the installation of the
street lights at a time appropriate and convenient to Developer’s construction. Developer
shall pay all costs associated with the installation of the street lights and other necessary
related infrastructure. Developer shall also pay all costs associated with the ownership,
maintenance, and operation of the street lights by the applicable electric utility provider,
until the City accepts the public improvements on the Development.
(Ord. 225-10-18, 10/20/2018).
10-1-24: OPEN PARK SPACE.
(A) Applicability. This Section shall only apply to Subdivisions that create 10 or more Lots.
For all such subdivisions, the Developer must mitigate the Development’s impact on the
City’s park system by setting aside or acquiring land within the City or contiguous with
(and simultaneously annexed into) the City for park space.
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(B) Mitigation Acreage. A park is required to be included on any Plat subject to this Section,
which park shall, unless a variance is granted under this Chapter, comprise:
(1) at least 8% of the acreage of the Development (omitting any Public Way entirely
within the Development), or
(2) one acre for every 50 EDUs (or any fraction of 50 EDUs) in the Development,
which “EDUs” shall be calculated in the manner described in Title 8, Chapter 2 of
this Code (which Chapter is entitled “Water Service”).
(C) Required Improvements and Standards. Any park must comply with other City
requirements for Parks and may be dedicated to the City or maintained by an active home
owners’ association. Any park shall also meet the following standards:
(1) Shall provide safe and convenient public access, including ADA standards.
(2) Shall be configured in size, shape, topography, and improvements to be functional
for the general public without intruding or creating an undue negative impact on
private property.
(3) Shall be buffered from conflicting land uses (including residential uses) by use of
landscaping, which shall not exceed 6 feet in height and which landscaping plan
must be reviewed and approved by the City Council in advance of construction
thereof.
(Ord. 291-08-23, 8/15/2023).
TITLE 10 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 285
CHAPTER 2 Wireless Communication Towers and Antennas
SECTION:
10-2-1: Purpose
10-2-2: Definitions
10-2-3: Applicability
10-2-4: General Requirements
10-2-5: Permitted Uses—T-1 and T-2 Zones
10-2-6: Application
10-2-7: Separation
10-2-8: Buildings or Other Equipment Storage
10-2-9: Removal of Abandoned Antennas and Towers
10-2-10: Non-Conforming Uses
10-2-11: Requests for Tower Overlay Zones
10-2-1: PURPOSE. The purpose of this Chapter is to establish requirements for the siting
of wireless communications towers and antennas within the City. In particular, the purposes of
this Chapter are to:
(A) Protect residential areas and land uses from adverse impacts of Wireless Communication
towers and antennas.
(B) Discourage the location of Wireless Communication towers in or near residential areas.
(C) Minimize the total number of Wireless Communication towers throughout the City.
(D) Strongly encourage the joint use of new and existing Wireless Communication tower sites,
rather than constructing single-use Wireless Communication towers
(E) Encourage the location of Wireless Communication towers and antennas, to the maximum
extent possible, in areas where the adverse impact on the City residents is minimal.
(F) Encourage the configuration of Wireless Communication towers and antennas in a way
that minimizes adverse visual impact of the Wireless Communication towers and antennas
through careful design, siting, landscape screening, and innovative camouflaging
techniques.
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CHAPTER 2 (Revision: February 29, 2024) Page 286
(G) Enhance the ability of the providers of telecommunications services to provide such
services to the City quickly, effectively, and efficiently.
(H) Protect the public health and safety by encouraging proper design and construction of
Wireless Communication towers.
(I) Avoid potential damage to adjacent properties from Wireless Communication tower failure
through engineering and careful siting of Wireless Communication tower structures.
(Ord. 191-03-15, 2/17/2015).
10-2-2: DEFINITIONS. As used in this Chapter, the following terms shall have the
meanings set forth below:
ALTERNATIVE TOWER
STRUCTURES:
Man-made trees, clock towers, bell
steeples, light poles and similar mounting
structures that camouflage or conceal the
presence of wireless communication
towers or antennas.
ANTENNA: Any exterior transmitting or receiving
device mounted on a tower, building or
structure and used in communications that
radiate or capture electromagnetic waves,
digital signals, analog signals, radio
frequencies (excluding radar signals),
wireless telecommunications signals or
other communication signals.
BACK-HAUL NETWORK: The lines that connect a provider’s
towers/cell sites to one or more cellular
telephone switching offices, and/or long
distance providers, or the public switched
telephone network.
CONCEALED ANTENNAS: Antennas placed and concealed within
existing structures.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications
Commission.
GUYED TOWER: A support structure of metal crossed strips
or bars steadied by wires in a radial pattern
around the tower structure.
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HEIGHT: When referring to a tower or other
structure, the distance measured from the
finished grade of the parcel to the highest
point on the tower or other structure,
including the base pad and any antenna.
LATTICE TOWER: A support structure consisting of metal
crossed strips or bars supporting antennas
and related equipment, without supporting
guy wires.
MICROCELL NETWORK: Installing a cable microcell network
through the use of multiple low-powered
transmitters/receivers attached to existing
wireline systems, such as conventional
cable or telephone wires, or similar
technology that does not require the use of
towers.
MONOPOLE: A structure composed of a single spire.
OWNER: The person who owns or operates an
antenna or tower, including the person or
entity which owns the property upon which
an antenna or tower is located.
PRE-EXISTING TOWERS
AND PRE-EXISTING
ANTENNAS:
Any tower or antenna for which a building
permit has been properly issued prior to the
effective date of this Chapter, including
permitted towers or antennas that have not
yet been constructed so long as such
approval is current and not expired.
REPLACEMENT OF LIGHT
STANDARDS AND
SIMILAR STRUCTURES:
Antennas attached to a light standard or
flagpole on a commercial or institutional
use, provided the height of the standard is
not increased, the height of the antenna
does not exceed the height of the standard
replaced, and the equipment shelter can
meet the location requirements of this
Chapter.
WIRELESS
COMMUNICATION
TOWER OR TOWER:
Any structure that is designed and
constructed primarily for the purpose of
supporting one or more antennas for
television, telephone, radio and similar
voice, video or data transmission purposes,
TITLE 10 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 288
including self-supporting lattice towers,
guyed towers, or monopole towers. The
term includes microwave towers,
common-carrier towers, cellular telephone
towers and alternative tower structures.
The term also includes any supporting guy
wires or structures, as well as building used
to house equipment and facilities used to
operate or provide power to such antennas.
ZONING
ADMINISTRATOR:
A person appointed by the Council to
administer the provisions of this Chapter.
Such person may be an employee or officer
of the City, including the Mayor or
members of the Council or a private
person. In the absence of such
appointment, any reference to the “Zoning
Administrator” shall be deemed to refer to
the Mayor.
(Ord. 191-03-15, 2/17/2015).
10-2-3: APPLICABILITY.
(A) Wireless Communication Towers and Antennas. All Wireless Communication towers
or antennas in the City shall be subject to the provisions of this Chapter, except as provided
in section (B) below.
(B) Exceptions.
(1) Amateur Radio Station Operators/Receive Only Antennas. This Chapter shall
not govern any tower, or the installation of any antenna, that is under seventy (70)
feet in height and is owned and operated by a federally-licensed amateur radio
station operator or is used exclusively as a “receive-only” antenna.
(2) Pre-existing Towers or Antennas. Pre-existing Wireless Communication towers
and antennas shall not be required to meet the requirements of this Chapter, other
than the requirements of Section 10-2-4(F) and (G).
(3) Radio and TV Towers and Antennas. Towers and antennas when constructed as
accessory uses for radio and television stations, as permitted under Section 11-7-3
(Industrial Zone) of the Iona Zoning Ordinance, shall not be required to meet the
requirements of this Chapter unless modified for collocation as specified in
subsection 10-2-5(D).
(Ord. 191-03-15, 2/17/2015).
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CHAPTER 2 (Revision: February 29, 2024) Page 289
10-2-4: GENERAL REQUIREMENTS.
(A) Principal or Accessory Use. Wireless Communication towers and antennas may be
considered either as principal or accessory uses. The existence of an existing structure on
the same lot shall not preclude the installation of another antenna or tower on such lot.
(B) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to
the Zoning Administrator an inventory of its existing towers, antennas, or sites approved
for towers or antennas, that are either within the City or within one mile of the borders
thereof, including specific information about the location, height, and design of each tower.
The Zoning Administrator may share such information with other applicants applying for
approvals under this Chapter or other organizations seeking to locate antennas within the
City, provided, however that the Zoning Administrator is not, by sharing such information,
in any way representing or warranting that such sites are available or suitable for
collocation.
(C) Aesthetics. Wireless Communication Towers and antennas shall meet the following
requirements:
(1) Towers shall have a galvanized steel finish or, subject to any applicable standards
of the FAA, shall be painted a neutral color so as to reduce visual obtrusiveness,
unless the tower is a laminated monopole.
(2) At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend
into the natural setting and be compatible with surrounding buildings.
(3) If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to, or closely compatible with, the color of the supporting structure so as
to make the antenna and related equipment as visually unobtrusive as possible.
(D) Lighting. Wireless Communication Towers shall not be artificially lighted, unless
required by the FAA or other applicable regulatory authority. If lighting is required, such
lighting must employ the alternative which will cause the least possible disturbance to the
surrounding views, as between all alternatives that comply with FAA regulations.
(E) State or Federal Requirements. All towers must meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the state or federal government
with the authority to regulate Wireless Communication Towers and antennas. If such
standards and regulations are changed, then the owners of the towers and antennas
governed by this Chapter shall bring such towers and antennas into compliance with such
revised standards and regulations within six (6) months of the effective date of such
standards and regulations, unless a different compliance schedule is mandated by the
controlling state or federal agency. Failure to bring towers and antennas into compliance
TITLE 10 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 290
with such revised standards and regulations shall constitute grounds for the removal of the
tower or antenna at the owner’s expense.
(F) Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner
of a tower shall ensure it is maintained in compliance with standards contained in the
International Building Code and the National Electric Code, as amended and adopted by
the City from time to time.
(G) Measurement. For the purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located in the City irrespective of municipal and
county jurisdictional boundaries.
(H) AM Array. For purposes of implementing this Chapter, an AM array, consisting of one
or more tower units and a supporting ground system which functions as one AM
broadcasting antenna, shall be considered one tower. Measurements for setbacks and
separation distances shall be measured from the outer perimeter of the towers included in
the AM array. Additional tower units may be added within the perimeter of the AM array
by right.
(I) Towers Not Considered as Essential Services. Wireless Communication Towers and
antennas shall be regulated and permitted pursuant to this Chapter and shall not be
regulated or permitted as essential services, public utilities, or private utilities.
(J) Signs. No signs, as defined in Section 11-1-5 of this Code, may be attached to or supported
by an antenna or Wireless Communication Tower, except for any sign that is (1) required
by law or (2) necessary for safety.
(K) Buildings and Support Equipment. Buildings and support equipment associated with
antennas or towers shall comply with the setback requirements of the applicable zone
unless the provisions of this Chapter are more restrictive.
(Ord. 191-03-15, 2/17/2015); (Ord. 274-01-22, 1/18/2022).
10-2-5: PERMITTED USES—T-1 AND T-2 ZONES.
(A) General. Antennas or towers, including appurtenant additional buildings or other
supporting equipment used in connection with said tower and antenna, are permitted uses
in the T-1 and T-2 overlay zones.
(B) T-1 Overlay Zone. The purpose of the T-1 Overlay Zone is to permit towers of limited
height on publicly-owned property or commercial areas near County roads and existing
towers. The height of the towers is limited due to the close proximity of residential
structures.
(1) Design Requirements. Antennas or towers, including the placement of additional
buildings or other supporting equipment used in connection with said tower and
antenna, shall meet the following requirements:
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CHAPTER 2 (Revision: February 29, 2024) Page 291
(a) The height shall not exceed ninety (90) feet.
(b) The tower shall be constructed to permit another carrier to co-locate on the
same tower without significant structural modification to the tower.
(c) The distance between the base of the tower and the property line of the
nearest residence shall not be less than the height of the tower.
(d) Towers shall meet the separation distances in Tables 1 and 2, Section 10-2-
7.
(e) Towers and accessory buildings shall meet the setback requirements of the
underlying zone.
(f) Noise levels above 45dB, as measured from the nearest property line on
which the tower is located, are not permitted.
(C) T-2 Overlay Zone. The purpose of the T-2 Overlay Zone is to permit towers and
appurtenant buildings and equipment on commercially or industrially zoned properties near
county roads. These zones are buffered from residential areas by natural or man-made
features such as rivers, railroads or natural geographical or topological features.
(1) Design Requirements. Antennas or towers, including the placement of additional
buildings or other supporting equipment used in connection with said tower and
antenna, shall meet the following requirements:
(a) The height of the tower or antenna shall be no greater than the following:
(i) For a single user, up to ninety (90) feet.
(ii) For two users, up to one hundred twenty (120) feet; and
(iii) For three or more users, up to one hundred (150) feet.
(b) Setbacks.
(i) Towers must be set back a distance equal to at least seventy-five
percent (75%) of the height of the tower from any public street.
(ii) Guys and accessory buildings shall meet the setback requirements
of the underlying zone.
(c) Separation. Towers shall meet the separation requirements of Tables 1 and
2, Section 10-2-7.
(d) Noise levels. No equipment shelter shall produce noise levels separate or
accumulative above 45dB as measured from the nearest property line of the
closest residence.
TITLE 10 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 292
(D) Existing Structures. Antennas may be installed after the effective date of this Chapter on
existing structures or existing towers as permitted uses in the T-1 and T-2 zones, provided
they comply with the terms of subsections (1) and (2) below.
(1) Antennas on Existing Structures. Any antenna which is not attached to a tower
may be approved by the Zoning Administrator as an accessory use to any
commercial, industrial, professional building or use or upon a multi-family
structure of eight or more dwelling units, provided:
(a) The antenna does not extend more than thirty (30) feet above the highest
point of the structure;
(b) The antenna complies with all applicable FCC and FAA regulations; and
(c) The antenna complies with the International Building Code and National
Electric Code as amended and adopted by the City from time to time.
(2) Antennas on or in Conjunction with Existing Towers. An antenna which is to
be attached to an existing tower may be approved by the Zoning Administrator,
provided such collocation is accomplished in a manner consistent with the
following:
(a) In order to minimize adverse visual impacts associated with the
proliferation and clustering of towers, collocation of antennas by more than
one carrier on existing towers shall take precedence over the construction
of new towers.
(b) A tower which is modified or reconstructed to accommodate the collocation
of an additional antenna shall be of the same tower type as the existing
tower, unless the Zoning Administrator allows reconstruction as a
monopole.
(c) Height Restrictions.
(i) An existing tower other than one in a T-1 zone may be modified or
rebuilt to a taller height, not to exceed thirty (30) feet over the
tower’s existing height, in order to accommodate the collocation of
an additional antenna. The height change referred to in this
subsection may only occur one time per tower.
(ii) The additional height referred to in this subsection shall not require
an additional distance separation as set forth in Table 1 or 2 of
Section 10-2-7 of this Chapter. The tower’s pre-modification height
shall be used to calculate such distance separations.
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CHAPTER 2 (Revision: February 29, 2024) Page 293
(d) Relocation of Existing Tower.
(i) A tower which is being rebuilt to accommodate the collocation of
an additional antenna may be moved on-site within fifty (50) feet of
its existing location.
(ii) After the tower is rebuilt to accommodate collocation, the old tower
must be removed.
(iii) A relocated on-site tower shall be measured from the original tower
location for purposes of calculating separation distances between
towers pursuant Table 2. The relocation of a tower hereunder shall
not be deemed as a violation of Table 2.
(iv) The on-site relocation of a tower shall not come within the
separation distances to residential units or residentially zoned lands
as established in Table 1.
(Ord. 191-03-15, 2/17/2015).
10-2-6: APPLICATION. The application for a permitted tower or antenna shall contain
at the minimum the following information:
(A) Applicant’s name, address, and telephone number.
(B) Name, phone number and principle place of business of the carrier.
(C) A scaled site plan, construction plans and engineering calculations, elevations, and other
data as required by the Zoning Administrator.
(D) Lighting plans, if any.
(E) A statement as to whether construction of the tower will accommodate collocation of
additional antennas for future users.
(F) The distance separating the proposed tower from other towers on the same site.
(G) An inventory of existing sites of the carrier within the City in accordance with Section 10-
2-4(C) of this Chapter.
(H) Written proof that all applicable requirements of the FCC and FAA have been satisfied. If
such documentation is older than one (1) year, new documentation shall be submitted.
(I) Certification by a professional engineer licensed in the State of Idaho that the proposed
installation complies with the requirements of the International Building Code.
(J) Color photo simulations showing the proposed tower as it will appear:
(1) From the nearest public street.
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CHAPTER 2 (Revision: February 29, 2024) Page 294
(2) From the nearest residential property.
(K) A description of compliance with 10-2-4(D), (E), (J) and (K).
(Ord. 191-03-15, 2/17/2015).
10-2-7: SEPARATION. The following minimum separation requirements shall apply to
all towers in the T-1 and T-2 Overlay Zones:
(A) Separation from Off-site Uses/designated Areas. Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or boundary line of
designated areas as specified in Table 1. Towers shall comply with the minimum
separation distances established in Table 1 below.
TABLE 1
Off-Site Use/Designated Area Separation Distance
Residential zones or land shown as
residential on the City Zoning Map
or Comprehensive Plan
200 feet or 300% height of
tower, whichever is greater
Agricultural, commercial or
industrial zones or land shown as
agricultural, commercial/industrial
on the City Zoning Map or
Comprehensive Plan
Setback as required for main
buildings by applicable zone.
(B) Separation Distances Between Towers. The minimum separation distances (listed in
lineal feet) shall be as shown in Table 2. Separation distances between towers shall be
applicable for and measured between the proposed tower and pre-existing towers. The
separation distances shall be measured by drawing or following a straight line between the
base of the existing tower and the proposed base, pursuant to a site plan of the proposed
tower.
TABLE 2
Lattice Guyed
Monopole
70 feet in
Height or
greater
Monopole
less than 70
feet in
Height
Lattice 2,000 feet 2,000 feet 1,000 feet 500 feet
Guyed 2,000 feet 2,000 feet 1,000 feet 500 feet
TITLE 10 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 295
Monopole
70 feet in
Height or
greater
1,000 feet 1,000 feet 1,000 feet 500 feet
Monopole
less than 70
feet in
Height
500 feet 500 feet 500 feet 500 feet
(Ord. 191-03-15, 2/17/2015).
10-2-8: BUILDINGS OR OTHER EQUIPMENT STORAGE.
(A) Antennas Mounted on Structures or Roof Tops. The equipment cabinet or structure
used in association with antennas mounted on structures or roof tops shall contain no more
than one hundred-twenty (120) square feet of gross floor area or be more than twelve (12)
feet in height. Equipment storage buildings or cabinets shall comply with all applicable
building codes and the zoning district setback requirements.
(B) Antennas Mounted on Utility Poles and Light Standards. The equipment cabinet or
structure used in association with antennas mounted on utility poles or light standards shall
not contain more than one hundred-twenty (120) square feet of gross floor area or be more
than twelve (12) feet in height. Equipment storage buildings or cabinets shall comply with
all applicable building codes and the zoning district setback requirements. If the equipment
cabinet/structure is located in a residential zone, it shall be screened by an evergreen hedge
with an ultimate height of at least forty-eight (48) inches and a planted height of at least
thirty-six (36) inches. The light standard, utility poles or similar existing structure on which
the antenna are placed shall not be required to meet the setback requirements of the zone
and separation distances in Sections 10-2-5 or 10-2-7.
(Ord. 191-03-15, 2/17/2015).
10-2-9: REMOVAL OF ABANDONED ANTENNAS AND TOWERS. Any antenna or
tower that is not used or operated for a continuous period of one hundred eighty (180) days shall
be deemed as abandoned, and the Owner of such antenna, tower or property shall remove the same
within ninety (90) days of receipt of notice from the City notifying the Owner of such
abandonment. Any Owner who fails to remove an abandoned antenna or tower within said time
frame shall be guilty of a misdemeanor for each day thereafter that such abandoned tower or
antenna is left in place. Such failure shall also be grounds to remove the tower or antenna at the
TITLE 10 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 296
Owner’s expense. If there are two or more users of a single tower, then abandonment shall not be
deemed to occur until all users cease using the tower.
(Ord. 191-03-15, 2/17/2015).
10-2-10: NON-CONFORMING USES.
(A) No Expansion of Nonconforming Use. Towers constructed and antennas installed in
accordance with the provisions of this Chapter shall not be considered as an expansion of
an existing, lawful nonconforming use or structure.
(B) Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they
presently exist, provided such use is not enlarged, modified, expanded or additional
antennas are added. Routine maintenance (including replacement with a tower of like
construction and height) shall be permitted on such pre-existing towers. Construction
expansion, enlargement or installation of additional equipment, poles, towers or
appurtenances, other than routine maintenance on a pre-existing tower shall comply with
the requirements of this Chapter.
(C) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas.
Notwithstanding Section 10-2-8, bona-fide nonconforming towers or antennas damaged or
destroyed by force majeure or accidental events may be rebuilt without having to meet the
separation requirements specified in Section 10-2-7. The type, height, and location of the
tower shall be of the same as the original facility. Building permits to rebuild the facility
shall be obtained within 180 days from the date the facility is damaged or destroyed. If no
permit is obtained or if said building permit expires, the tower or antenna shall be deemed
abandoned as specified in Section 10-2-9.
(Ord. 191-03-15, 2/17/2015).
10-2-11: REQUEST FOR TOWER OVERLAY ZONE. When evaluating applications
for permits within the T-1 and T-2 overlay zones, the City Council may grant a variance to any
condition or requirement under this Chapter, upon a showing of hardship not caused by the
applicant, any unusual topographical feature or existing lot configuration or feature or other
condition which makes compliance with this Chapter impossible or highly impractical. In
considering a request for a variance the Council shall consider the following non-exclusive factors:
(A) The purposes listed in Section 10-2-1.
(B) Whether or not alternative technology can accommodate the applicant’s proposed antenna,
without the need for a variance.
(C) Whether there are existing towers or structures at other locations without or within the City
that meet applicant’s engineering requirements in terms of location, height, or structural
strength.
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(D) Whether the applicant’s proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or whether the antenna on the existing
towers or structures would cause interference with the applicant’s proposed antenna.
(E) Whether the fees, costs, or contractual provisions required by an Owner in order to share
an existing tower or structure, adapt an existing tower or structure for sharing, or locate a
tower or antenna are unreasonable or highly impractical or impossible.
(F) Whether the applicant demonstrates an alternative technology that does not require the use
of towers or structures, such as a cable microcell network using multiple low-powered
transmitters/receivers attached to a wireline system.
(Ord. 191-03-15, 2/17/2015).
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(Revision: February 29, 2024) Page 298
TITLE 11 Zoning
Chapter Subject
1 Scope, Definitions, and Establishment of
Districts
2 Agricultural (A) Zone
3 Residential Agricultural (R-A) Zone
4 Single Family Residential (R-1) Zone
4A Residential Townhouse (R-T) Zone
5 Residential (R-2) Zone
6 Commercial (C) Zone
7 Industrial (I) Zone
8 Conditional Use Permits
9 Non-Conforming Uses
10 Iona Sign Ordinance
11 Miscellaneous Use Regulations
12 Off-Street Parking and Loading Facilities
13 Comprehensive Plan and Zoning Map
14 Variances
15 Enforcement and Administration
TITLE 11 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 299
CHAPTER 1 Scope, Definitions, and Establishment of Districts
SECTION:
11-1-1: Short Title
11-1-2: Authority
11-1-3: Purpose
11-1-4: Scope
11-1-5: Definitions
11-1-6: Establishment of Districts
11-1-7: Zoning Map and Interpretation of District Boundaries
11-1-8: Zoning Map Amendment Procedures
11-1-9: Uses Prohibited
11-1-10: Zoning and Land Use Change Applications
11-1-1: SHORT TITLE. This Title shall be known and may be cited as the “Zoning
Ordinance of the City of Iona.”
(Ord. 170-01-13, 1/15/2013).
11-1-2: AUTHORITY. This Zoning Ordinance is adopted pursuant to authority granted
by Title 67, Chapter 65 of the Idaho Code, and Article 12, Section 2 of the Idaho Constitution.
(Ord. 170-01-13, 1/15/2013).
11-1-3: PURPOSE. The purpose of this Title is to promote the public health, safety and
welfare, retain and enhance the aesthetics of the community, preserve and enhance land values,
separate incompatible uses, promote security within the community, protect the public safety,
facilitate adequate fire protection and avoid undue concentration of population.
(Ord. 170-01-13, 1/15/2013).
TITLE 11 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 300
11-1-4: SCOPE. Where this Title imposes greater restrictions upon land, buildings or
structures than are imposed or required by existing provisions of law, ordinance, contract or deed,
the provisions of this Title shall control.
(Ord. 170-01-13, 1/15/2013).
11-1-5: DEFINITIONS.
(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
BUILDING:
A subordinate use or building customarily
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. The definition of accessory
building shall include, but not be limited
to, any accessory use conducted in one or
more shipping containers.
(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.
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(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
LINE:
The line defined by the intersection of the
surface of a lot and the plane within which
is located the building wall or frame closest
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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
CONFINEMENT
OPERATION (LCO):
Any lot, corral, or facility where more than
fifty (50) animal units of livestock,
excluding animals six (6) months of age or
younger, are confined, stabled or fed, or
maintained for a total of two hundred forty
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CHAPTER 1 (Revision: February 29, 2024) Page 303
(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)
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CHAPTER 1 (Revision: February 29, 2024) Page 304
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
BUILDING:
A building, structure, or portion thereof
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
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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: An entire or any part of a structure, natural
object (such as tree, rock, bush or the
ground itself), or man-made object that is
displayed to the public to (a) communicate
any message; (b) attract attention to any
object, product, place, activity, person,
institution, organization, or business,
and/or (c) include any letter, word, image,
symbol, banner, insignia, device, or
representation.
(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,
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CHAPTER 1 (Revision: February 29, 2024) Page 306
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.
TITLE 11 IONA CITY CODE
CHAPTER 1 (Revision: February 29, 2024) Page 307
(Ord. 128, 1/15/2008); (Ord. 145-03-09, 9/8/2009); (Ord. 170-01-13, 1/15/2013); (Ord. 232-08-
19, 8/20/2019); (Ord. 272-10-21, 10/19/2021); (Ord. 274-01-22, 1/18/2022); (Ord. 296-10-23,
10/17/2023).
11-1-6: ESTABLISHMENT OF DISTRICTS.
(A) Use Districts Established. For the purposes of this Title the following Use Districts are
hereby established:
(1) Agricultural (A) District
(2) Residential-Agricultural (RA) District
(3) Residential (R-1) District
(4) Residential (R-2) District
(5) Residential Townhouse (R-T) District
(6) Commercial (C) District
(7) Industrial (I) District
(Ord. 170-01-13, 1/15/2013).
11-1-7: ZONING MAP AND INTERPRETATION OF DISTRICT BOUNDARIES.
(A) The boundaries of the Use Districts shall be determined and defined by the adoption of a
zoning map on which are shown the boundaries of the Use Districts, which map is adopted
as part of this Title. The City Clerk shall at all times maintain an accurate and current
zoning map in his or her office at the Iona City Hall.
(B) As much as possible zoning district boundaries shall fall at the back property line so that
like uses will be facing each other.
(C) Where any such boundary line is indicated as following a street, alley or public right of
way, it shall be construed as following the centerline thereof.
(D) Where a boundary line is indicated as approximately following a lot line, such lot line shall
be construed to be such boundary line.
(E) If a lot which was platted or recorded prior to the adoption of this Title, is split by two (2)
different zones, the lot shall be considered, in whole, zoned to that use in which a majority
of the lot is zoned.
(Ord. 170-01-13, 1/15/2013).
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CHAPTER 1 (Revision: February 29, 2024) Page 308
11-1-8: ZONING MAP AMENDMENT PROCEDURES.
(A) All amendments of the official zoning map shall follow the procedure set forth in Title 67,
Chapter 65 of the Idaho Code. In conformance with notice and hearing procedures
established by law, the Iona City Council shall make the final decision of approval,
conditional approval or disapproval of all applications for initial zoning or rezoning of
property within the City.
(Ord. 170-01-13, 1/15/2013).
11-1-9: USES PROHIBITED. It shall be unlawful to use, occupy, inhabit or construct
any structure or building within the City of Iona, unless such use is expressly permitted by the
provisions of this Chapter.
(Ord. 145-03-09, 9/8/2009); (Ord. 170-01-13, 1/15/2013).
11-1-10: ZONING AND LAND USE CHANGE APPLICATIONS. All applications for
zoning and/or land use changes (e.g., original zoning, rezoning, conditional use permits, and
variances) shall
(A) be submitted in writing, by fully completing the applicable form adopted by the City Clerk,
(B) contain or incorporate all such information required by this Zoning Ordinance or otherwise
necessary to enable the City Council to determine whether the proposed change or use will
comply with the provisions of this Zoning Ordinance; and
(C) accompanied by the applicable filing fee adopted by resolution of the City Council.
(Ord. 274-01-22, 1/18/2022).
TITLE 11 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 309
CHAPTER 2 Agricultural (A) Zone
SECTION:
11-2-1: Purpose
11-2-2: Permitted Uses
11-2-3: Conditional Uses
11-2-4: Height Regulations
11-2-5: Setback and Site Requirements
11-2-6: Area Requirements
11-2-1: PURPOSE. The purpose of the agricultural zone is to provide areas characterized
by agricultural uses and rural lifestyles. All other uses will be considered secondary and not
allowed if they pose any interference or negative impacts upon the agricultural uses on the land.
The minimum lot size and building locations in this zone shall be of a size to allow for
economically viable agricultural uses without affecting surrounding properties adversely.
(Ord. 170-01-13, 1/15/2013).
11-2-2: PERMITTED USES.
(A) Agriculture uses, excluding livestock confinement operations (LCO’s).
(B) Single-family dwelling, conforming to regulations in the R-1 zone, with the exception that
the minimum lot size for such use shall be one (1) acre.
(C) Accessory uses, subject to the restrictions in Section 11-11-6 of this Code.
(D) Any agricultural building under one hundred twenty (120) square feet in area and corrals,
pens, loafing sheds, grain bins under twenty (20) feet in height.
(E) Other similar uses that are determined by the City Council to be compatible with the
purpose and intent of this zone.
(Ord. 170-01-13, 1/15/2013).
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CHAPTER 2 (Revision: February 29, 2024) Page 310
11-2-3: 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 Agricultural Zone.
(1) Airports
(2) Cemeteries
(3) Commercial kennels, veterinary hospitals and animal clinics
(4) Broadcasting towers for radio or television
(5) Mining, dredging, and excavation of sand, dirt, gravel or other aggregate
(6) Home occupations, subject to the provisions of §§ 11-11-12 and 11-11-13 of this
Code
(7) Public buildings, schools, hospitals or churches
(8) Riding stables and schools
(9) Bicycle ways
(10) Day care facilities
(11) Religious facilities
(12) Automotive, truck and tractor repair
(13) Secondary dwellings for farm-related purposes
(14) Temporary buildings for construction purposes for a period not to exceed one (1)
year
(15) Public utility facilities
(16) Livestock Confinement Operations (LCO’s)
(Ord. 170-01-13, 1/15/2013).
11-2-4: HEIGHT REGULATIONS. No building or structure shall exceed three and one-
half (3½) stories or thirty-five (35) feet in height, whichever is greater. Roofs above the square of
TITLE 11 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 311
the building and building features not used for human occupancy, such as chimneys, flag poles,
television antennas, ornamental architectural design appurtenances or other similar building
features, shall not be considered in determining such height. This height restriction shall not apply
to storage facilities for agricultural produce products.
(Ord. 170-01-13, 1/15/2013).
11-2-5: SETBACK AND SITE REQUIREMENTS.
(A) Front Yard. No building or structure shall be erected nearer than 45 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 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 lot.
(C) Rear Yard. No building or structure, other than an accessory building, may be constructed
closer than 25 feet 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.
(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.
(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.
(Ord. 170-01-13, 1/15/2013); (Ord. 279-07-22, 7/19/2022).
11-2-6: AREA REQUIREMENTS. Lots within this zone shall be not less than one (1)
acre in total area and shall be of a width of not less than one hundred fifty feet (150’) measured at
the front setback line.
(Ord. 170-01-13, 1/15/2013).
TITLE 11 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 312
CHAPTER 3 Residential Agricultural (R-A) Zone
SECTION:
11-3-1: Purpose
11-3-2: Permitted Uses
11-3-3: Conditional Uses
11-3-4: Height Regulations
11-3-5: Setback and Site Requirements
11-3-6: Area Requirements
11-3-7: Water and Sewer Services
11-3-8: Off-Street Parking Requirements
11-3-9: Farm Building Setbacks
11-3-1: PURPOSE. The purpose of the residential agricultural zone is to provide for and
protect residential lands, conveniently located, in relation to urban centers, of substantial size for
families who desire a single-family residential environment in an area transitioning from
agricultural uses and to provide for gardening and family recreation opportunities and the keeping
of a limited number of livestock and similar endeavors. Lots must be large enough to offer a
country lifestyle without imposing upon neighboring properties. The minimum lot size and
building locations in this zone must be such that water and sewer facilities and other utilities can
be easily provided on an individual basis on each lot, without adversely affecting surrounding
properties.
(Ord. 170-01-13, 1/15/2013).
11-3-2: PERMITTED USES. The following uses are allowed in the R-A zone.
(A) Agriculture uses, excluding livestock confinement operations (LCO’s). Livestock shall be
allowed on all properties exceeding one (1) acre in size following the guideline of one (1)
animal unit per half (½) acre. For the purposes of this zone, one (1) animal unit shall be
equal to:
(1) One (1) cow
(2) One (1) horse
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CHAPTER 3 (Revision: February 29, 2024) Page 313
(3) Five (5) sheep
For all other animals not listed, the City Council may set compatible standards. Pigs or
swine shall not be allowed under any circumstances.
(B) Golf courses.
(C) Single-family dwellings as allowed in the R-1 zone with the exception that the minimum
lot size for such use shall be twenty-one thousand seven hundred eighty (21,780) square
feet (one-half acre).
(D) Garden or plant nurseries, selling only produce or plants, the major portion of which is
raised on the premises, and excluding any use injurious, noxious or offensive to the
neighborhood.
(E) Accessory uses, subject to the restrictions in section 11-11-6 of this Code.
(F) Clerical Home Occupations, Small Service Home Occupations, and Small Merchandising
Home Occupations as defined in this Title and subject to the restrictions of Chapter 11 of
this Title.
(G) Other similar uses that are determined by the City Council to be compatible with the
purpose and intent of this zone.
(Ord. 170-01-13, 1/15/2013); (Ord. 232-08-19, 8/20/2019).
11-3-3: 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-A zone:
(1) Commercial kennel, small animal hospital.
(2) Public utility installations.
(3) Public buildings, hospital or churches.
(4) Private, commercial, and public schools.
(5) Automotive, truck, tractor, and home and farm utility vehicle and equipment repair.
TITLE 11 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 314
(6) Riding stables and schools.
(7) Home occupations, subject to the provisions of 11-11-12 and 11-11-13 of this Title.
(8) Day Care facilities.
(9) Temporary buildings as uses necessary for construction purposes for a period not
to exceed one (1) year.
(10) Buildings allowed as unconditional uses under section 11-3-2(B) through (F)
inclusive, and which exceed twenty-five feet (25’) in height.
(11) Service Home Occupations and Merchandising Home Occupations, each as defined
in this Title and subject to the restrictions of Chapter 11 of this Title.
(Ord. 170-01-13, 1/15/2013); (Ord. 232-08-19, 8/20/2019).
11-3-4: HEIGHT REGULATIONS. Any building or structure or portion thereof which
is not used for agricultural purposes, shall not exceed twenty-five (25) feet in height unless a
greater height is approved by conditional use permit. Roofs above the square of the building and
building features not used for human occupancy, such as chimneys, flag poles, television antennas,
ornamental architectural design appurtenances or other similar building features, shall not be
considered in determining such height.
(Ord. 170-01-13, 1/15/2013).
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 35 feet from the front
property line of the street.
(B) Side Yard. No building shall be erected closer than 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 lot.
(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 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 3 feet and a height of 8 feet above the plane
through their curb, street or roadway grades whichever is the highest.
TITLE 11 IONA CITY CODE
CHAPTER 3 (Revision: February 29, 2024) Page 315
(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.
(Ord. 170-01-13, 1/15/2013); (Ord. 279-07-22, 7/19/2022).
11-3-6: AREA REQUIREMENTS. Lots within this zone shall be not less than twenty-
one thousand seven hundred eighty (21,780) square feet (one-half acre) in total area and the lot
width measured at the front setback shall be not less than eighty-five (85) feet.
(Ord. 170-01-13, 1/15/2013).
11-3-7: WATER AND SEWER SERVICES.
(A) Sewer. All residential structures within this zone shall be connected to a public sewer
facility, if located within three hundred (300) feet of the terminus of any existing sewer
line. If such sewer facilities are not available, then the use shall meet the requirements of
the District Seven Health Department.
(B) Water. All domestic uses shall be connected to the domestic water system of the City.
(Ord, 138-12-08; 8/19/2008); (Ord. 170-01-13, 1/15/2013).
11-3-8: OFF-STREET PARKING REQUIREMENTS. Off-street parking requirements
for the R-A zone as set forth in Chapter 12 of this Title.
(Ord. 170-01-13, 1/15/2013).
11-3-9: FARM BUILDING SETBACKS. All buildings, shelters, or enclosures for farm
animals shall be located no closer than fifty (50) feet from any property line.
(Ord. 170-01-13, 1/15/2013).
TITLE 11 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 316
CHAPTER 4 Single Family Residential (R-1) Zone
SECTION:
11-4-1: Purpose
11-4-2: Permitted Uses
11-4-3: Conditional Uses
11-4-4: Height Regulations
11-4-5: Setback and Site Requirements
11-4-6: Area Requirements
11-4-7: Water and Sewer Services
11-4-8: Off-Street Parking Requirements
11-4-9: Keeping of Domestic Hens
11-4-1: PURPOSE. The purpose of the R-1 residential zone is to preserve residential
neighborhoods, prevent over-crowding of the land and encourage the development of low density
areas which are best suited for residential purposes.
(Ord. 170-01-13, 1/15/2013).
11-4-2: PERMITTED USES. The following uses are allowed in the R-1 zone.
(A) Single family dwellings; including manufactured homes as defined in Idaho Code § 39-
4105(8), that meet the additional standards for manufactured homes set forth in section 11-
11-21 of this Code.
(B) The keeping of domestic farm animals under the following restrictions:
(1) No livestock or domestic farm animals may be kept on lots of less than one (1) acre
in total area.
(2) Only one (1) animal unit per one-half (½) acre or greater shall be allowed. One (1)
animal unit shall represent:
(a) Cow - 1
(b) Horse - 1
TITLE 11 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 317
(c) Sheep - 5
For all other animals not listed the City Council may set compatible standards.
(3) All buildings, shelters, or enclosures for farm animals shall be located no closer
than fifty (50) feet from any property line.
(4) Pigs, swine, poultry, or fowl shall not be allowed in the R-1 zone, except for
domestic hens as otherwise allowed under section 11-4-12 of this Chapter.
(C) Home gardening and other horticultural uses not operated as a commercial enterprise.
(D) Accessory buildings and uses, subject to the restrictions in section 11-11-6 of this Code.
(E) Clerical Home Occupations, Small Service Home Occupations, and Small Merchandising
Home Occupations as defined in this Title and subject to the restrictions of Chapter 11 of
this Title.
(F) Construction and maintenance of a private emergency well, subject to the restrictions and
requirements of Section 8-2-4(B) of this Code.
(G) Other similar uses that are determined by the City Council to be compatible with the
purpose and intent of this zone.
(Ord. 96, 5/24/2005); (Ord. 144-02-09, 9/8/2009); (Ord. 148-01-10, 4/27/2010); (Ord. 170-01-13,
1/15/2013); (Ord. 221-06-18, 6/26/2018); (Ord. 232-08-19, 8/20/2019); (Ord. 253-03-21,
3/16/2021); (Ord. 274-01-22, 1/18/2022).
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.
TITLE 11 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 318
(4) Nursery school or Day Care facilities.
(5) Cemeteries.
(6) Greenhouses.
(7) Residential occupancies located only 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 is 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.
(Ord. 96, 5/24/2005); (Ord. 170-01-13, 1/15/2013); (Ord. 179-02-14, 4/15/2014); (Ord. 221-06-
18, 6/26/2018); (Ord. 232-08-19, 8/20/2019); (Ord. 268-08-21, 8/17/2021); (Ord. 270-09-21,
9/28/2021).
TITLE 11 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 319
11-4-4: HEIGHT REGULATIONS. No building or structure shall exceed two and one-
half (2½) stories or twenty-five (25) feet in height, whichever is greater. Roofs above the square
of the building and building features not used for human occupancy, such as chimneys, flag poles,
television antennas, ornamental architectural design appurtenances or other similar building
features, shall not be considered in determining such height.
(Ord. 170-01-13, 1/15/2013).
11-4-5: SETBCK 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 35 feet
from the right-of-way line of the street.
(B) Side Yard. No building shall be closer than 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 lot.
(C) Rear Yard. No building shall be constructed closer than 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
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 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 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 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.
(Ord. 170-01-13, 1/15/2013); (Ord. 279-07-22, 7/19/2022).
TITLE 11 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 320
11-4-6: AREA REQUIREMENTS. The following area requirements shall apply in the
R-1 zone:
(A) Lots within this zone shall be not less than fourteen thousand five hundred twenty (14,520)
square feet in total area and shall be of a width at the front lot line of not less than eighty-
five (85) feet.
(B) Lot coverage. No more than fifty percent (50%) of the lot area may be covered by
buildings or structures.
(Ord. 170-01-13, 1/15/2013).
11-4-7: WATER AND SEWER SERVICES.
(A) Sewer. All residential structures within this zone shall be connected to a public sewer
facility, if located within three hundred (300) feet of the terminus of any existing sewer
line. If such sewer facilities are not available, then the use shall meet the requirements of
the District Seven Health Department.
(B) Water. All domestic uses shall be connected to the domestic water system of the City.
(Ord. 170-01-13, 1/15/2013).
11-4-8: OFF-STREET PARKING REQUIREMENTS. The following off-street parking
requirements shall apply in the R-1 zone.
(A) For each single-family residence, two (2) off-street parking spaces.
(B) All residential structures within this zone shall have a garage or carport constructed of like
materials.
(C) All other uses shall comply with the provisions of Chapter 12 of this Title.
(Ord. 170-01-13, 1/15/2013); (Ord. 221-06-18, 6/26/2018).
11-4-9: KEEPING OF DOMESTIC HENS.
(A) The keeping of domestic hens is hereby permitted within the R-1 zone subject to the
provisions of this section. For the purposes of this section, the term “domestic hen” shall
mean a common domestic hen (domesticus gallus gallus) for the purpose of domestic egg
production or as a domestic pet.
(B) Only one (1) animal unit per one-third (1/3) acre shall be allowed. One (1) animal unit
shall represent ten (10) domestic hens.
TITLE 11 IONA CITY CODE
CHAPTER 4 (Revision: February 29, 2024) Page 321
(C) All buildings, shelters or enclosures used for the purpose of housing or sheltering domestic
hens shall be located no less than twenty feet (20') from the primary residence located upon
the lot or parcel for such uses permitted and no closer than fifty feet (50') from the
foundation wall of any building or structure used for human occupation and located upon
any adjoining lot or lots. In no event shall domestic hens be kept within a front yard or a
side yard, as defined by section 11-1-5 of this Title.
(D) Domestic hens shall at all times be kept within a secure enclosure having a total area of not
less than two (2) square feet per domestic hen. Domestic hens shall not be kept within any
building or structure designed for human occupancy.
(E) The area within which domestic hens are kept shall be cleaned and maintained in a manner
that does not unreasonably attract flies, emit foul or objectionable odors or create a public
health hazard nor shall the keeping of domestic hens disturb the peace of the adjoining
properties or otherwise constitute a public nuisance.
(Ord. 96, 5/24/2005); (Ord. 138-12-08; 8/19/2008); (Ord. 144-02-09, 9/8/2009); (Ord. 148-01-10,
4/27/2010); (Ord. 170-01-13, 1/15/2013).
TITLE 11 IONA CITY CODE
CHAPTER 4A (Revision: February 29, 2024) Page 322
CHAPTER 4A Residential Townhouse (R-T) Zone
SECTION:
11-4A-1: Purpose
11-4A-2: Permitted Uses
11-4A-3: Conditional Uses
11-4A-4: Prohibited Uses
11-4A-5: Height Regulations
11-4A-6: Setback and Site Requirements
11-4A-7: Area Requirements
11-4A-8: Water and Sewer Services
11-4A-9: Off-Street Parking Requirements
11-4A-10: Special Provisions Regarding Single Family Attached Dwellings
11-4A-11: Patio Homes
11-4A-1: PURPOSE. The purpose of the R-T residential townhouse zone is to provide a
residential environment for patio homes and single family attached dwellings, commonly known
as townhouses. The zone is characterized by a slightly denser residential environment than is
characteristic of the R-1 resident zone with smaller yards and greater lot coverage. Accessory uses
are permitted provided they are consistent with a residential environment.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013); (Ord. 209-01-17, 01/17/2017).
11-4A-2: PERMITTED USES. The following uses are allowed in the R-T zone.
(A) Single family dwellings, subject to the setback and side yard requirements, area
requirements, parking and utility service requirements as set forth in sections 11-4-5
through 11-4-8 of this Code.
(B) Single family attached dwellings with no more than two (2) single family units in any one
structure and no more than one (1) structure for human habitation upon a lot.
(C) Attached garages.
(D) Home gardening and other horticultural uses not operated as commercial enterprises.
TITLE 11 IONA CITY CODE
CHAPTER 4A (Revision: February 29, 2024) Page 323
(E) Accessory buildings and uses, subject to the restrictions in section 11-11-6 of this Code.
(F) Clerical Home Occupations, Small Service Home Occupations, and Small Merchandising
Home Occupations as defined in this Title and subject to the restrictions of Chapter 11 of
this Title.
(G) Other similar uses that are determined by the City Council to be compatible with the
purpose and intent of this zone.
(Ord. 97, 5/24/2005); (Ord. 160-09-11, 6/28/2011); (Ord.161-10-11, 8/16/2011); (Ord. 170-01-13,
1/15/2013); (Ord. 195-07-15, 7/21/2015); (Ord. 232-08-19, 8/20/2019); (Ord. 274-01-22,
1/18/2022).
11-4A-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-T zone:
(1) Manufactured homes as defined in Idaho Code § 39-4105(8), meeting the
placement standards set forth in section 11-11-21 of this Code.
(2) Public facilities such as schools, parks and playgrounds, utility facilities and other
municipal uses.
(3) Churches.
(4) Temporary buildings for construction purposes for a period not to exceed one (1)
year.
(5) Service Home Occupations and Merchandising Home Occupations, each as defined
in this Title and subject to the restrictions of Chapter 11 of this Title.
(6) Patio homes, subject to the requirements set forth in section 11-4A-11 of this
Chapter.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013); (Ord. 232-08-19, 8/20/2019).
TITLE 11 IONA CITY CODE
CHAPTER 4A (Revision: February 29, 2024) Page 324
11-4A-4: PROHIBITED USES. The following uses are prohibited in the residential-
townhouse (R-T) zone:
(A) Livestock, horses, cows, poultry, swine, or other similar animals used for husbandry
purposes. Common household pets are however permitted.
(B) Parking and storage of recreational vehicles, except recreational vehicles may be parked
upon the front driveway of the primary residence for a period of not more than three (3)
hours per day while such vehicle is being loaded or unloaded or used for loading or
unloading of passengers.
(1) For the purposes of this section, the term “recreational vehicle” shall have the
following meaning: A motor home, travel trailer, fifth wheel trailer, truck camper
or camping trailer, with or without motive power, designed for human habitation
for recreational or emergency occupancy. Such term shall include school buses or
van-type vehicles which have been converted into temporary living quarters for
recreational use. The term does not include pick-up hoods, shells or canopies
designed, created or modified for occupational usage.
(C) Daycare facilities.
(Ord. 97, 5/24/2005); (Ord. 160-09-11, 6/28/2011); (Ord. 170-01-13, 1/15/2013); (Ord. 209-01-
17, 01/17/2017).
11-4A-5: HEIGHT REGULATIONS. No building or structure shall exceed two (2) stories
or twenty (20) feet in height, whichever is greater. Roofs above the square of the building and
building architectural design features not used for human occupancy, such as chimneys, flag poles,
television antennas, ornamental architectural design appurtenances or other similar building
features, shall not be considered in determining such height.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013).
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 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 lot. 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 8 feet from any side yard property line.
TITLE 11 IONA CITY CODE
CHAPTER 4A (Revision: February 29, 2024) Page 325
(C) Rear Yard. No main building shall be constructed closer than 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
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 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 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 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.
(Ord. 97, 5/24/2005); (Ord. 161-10-11, 8/16/2011); (Ord. 170-01-13, 1/15/2013); (Ord. 279-07-
22, 7/19/2022).
11-4A-7: AREA REQUIREMENTS. The following area requirements shall apply in the
R-T zone:
(A) Lots within this zone shall be not less than twelve thousand (12,000) square feet in total
area and shall be of a width at the front lot line of not less than one hundred (100) feet,
measured at the front building set back line.
(B) The floor area of the first story above grade of any single family structure, excluding garage
space and open porches, shall not be less than one thousand two hundred (1,200) square
feet.
(C) No more than fifty percent (50%) of the lot area may be covered by buildings or structures.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013); (Ord. 221-06-18, 6/26/2018).
11-4A-8: WATER AND SEWER SERVICES.
(A) Sewer. All residential structures within this zone shall be connected to a public sewer
facility, if located within three hundred (300) feet of the terminus of any existing sewer
TITLE 11 IONA CITY CODE
CHAPTER 4A (Revision: February 29, 2024) Page 326
line. If such sewer facilities are not available, then the use shall meet the requirements of
the District Seven Health Department.
(B) Water. All domestic uses shall be connected to the domestic water system of the City.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013).
11-4A-9: OFF-STREET PARKING REQUIREMENTS. The following off-street parking
requirements shall apply in the R-T zone.
(A) Each single family dwelling unit shall have two (2) off-street parking spaces.
(B) All residential structures within this zone shall have a garage or carport constructed of like
materials.
(C) All other uses shall comply with the provisions of Chapter 12 of this Title.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013); (Ord. 221-06-18, 6/26/2018).
11-4A-10: SPECIAL PROVISIONS REGARDING SINGLE FAMILY ATTACHED
DWELLINGS.
(A) No single family attached dwelling shall be located above another dwelling unit, either in
whole or in part.
(B) Each single family attached dwelling shall have at least one direct pedestrian access from
the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access
may be held in common with another single family dwelling unit.
(C) Except as noted below, single family dwelling shall have no facilities or property in
common with another single family attached dwelling and all dwellings shall be
structurally and functionally independent from each other. All single family attached
dwellings shall have separate electrical service, water service lines, and sanitary sewer
service lines. Common facilities or property are allowed for the following:
(1) Common party walls constructed in accordance with the International Building
Code.
(2) Foundations supporting attached or party walls.
(3) Flashing at the termination of the roof covering over any attached walls.
(4) Roofs.
(5) Vehicular access to a dedicated street for off street parking facilities.
(D) No building permit shall be issued for the construction of a single family attached dwelling
unless a common facility or party wall agreement or Declaration of Condominium has been
TITLE 11 IONA CITY CODE
CHAPTER 4A (Revision: February 29, 2024) Page 327
filed with the Bonneville County Recorder’s Office for each such dwelling unit which
shares common facilities with another unit. Such agreement shall include a legal
description of the lots sharing common facilities and shall allocate responsibility as and
between the owners of such lots for the use, maintenance, and ownership of all common
facilities.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013).
11-4A-11: PATIO HOMES.
(A) For the purposes of this section, a “patio home” shall mean a residential structure which
occupies a substantially greater portion of the lot in comparison to other residential
structures allowed within the zone. The use is characterized by small yards, modest
landscaping, and no gardens or accessory buildings. A minimum structure size is also
established in order to ensure such use is not characterized by entry level homes.
(B) Patio Homes shall be permitted within the R-T Zone subject to the following restrictions:
(1) The minimum lot area shall be not less than six thousand five hundred square feet
(6,500).
(2) The minimum building size, excluding basements, open patio areas, attached
garages and carports shall be not less than one thousand two hundred square feet
(1,200).
(3) No building or structure shall be erected nearer than thirty feet (30) from the front
property line adjacent to the street.
(4) Accessory uses and structures are allowed provided such uses and structures
comply with the following restrictions in addition to the restrictions set forth in §
11-11-6 of this Code:
(a) All structures shall have no more than two hundred (200) square feet of
floor space.
(b) All structures shall be constructed with durable, low maintenance exterior
materials that complement the color and construction of the associated
primary residence.
(c) The combined floor space area of the primary residence, garage, car port,
covered patio area and accessory structures does not exceed fifty percent
(50%) of the total surface area of the lot.
(5) Each patio home shall have a basement.
(Ord. 97, 5/24/2005); (Ord. 170-01-13, 1/15/2013); (Ord. 200-11-15, 11/17/2015); (Ord. 209-01-
17, 01/17/2017).
TITLE 11 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 328
CHAPTER 5 Residential (R-2) Zone
SECTION:
11-5-1: Purpose
11-5-2: Permitted Uses
11-5-3: Conditional Uses
11-5-4: Prohibited Uses
11-5-5: Height Regulations
11-5-6: Setback Requirements
11-5-7: Area Requirements
11-5-8: Water and Sewer Service Requirements
11-5-9: Off-Street Parking Requirements
11-5-1: PURPOSE. The purpose of the R-2 residential zone is to provide an area for multi-
family residential dwellings with a greater density of population than the R-1 zone. Uses in this
zone shall include single and multi-family dwellings and other public facilities which are necessary
to promote and maintain stable residential areas.
(Ord. 170-01-13, 1/15/2013).
11-5-2: PERMITTED USES. The following uses are allowed in the R-2 zone.
(A) All uses permitted in the R-1 and R-T zones.
(B) Multi-family dwellings.
(C) Boarding and rooming houses.
(D) Clerical Home Occupations, Small Service Home Occupations, and Small Merchandising
Home Occupations as defined in this Title and subject to the restrictions of Chapter 11 of
this Title.
TITLE 11 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 329
(E) Other similar uses that are determined by the City Council to be compatible with the
purpose and intent of this zone.
(Ord. 170-01-13, 1/15/2013); (Ord. 232-08-19, 8/20/2019); (Ord. 274-01-22, 1/18/2022).
11-5-3: 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-2 Zone.
(1) All conditional uses permitted in the R-1 and R-T zones, not otherwise permitted
as an unconditional use in this zone.
(2) Service Home Occupations and Merchandising Home Occupations, each as defined
in this Title and subject to the restrictions of Chapter 11 of this Title.
(Ord. 170-01-13, 1/15/2013); (Ord. 232-08-19, 8/20/2019).
11-5-4: PROHIBITED USES. The following uses are prohibited in the Multi-Family R-
2 zone:
(A) Storage of Recreational Vehicles. Recreational vehicles shall not be stored within the
area located between the front face set back line and nearest edge of the public street upon
which the lot fronts, provided however recreational vehicles may be parked upon the front
driveway for a cumulative period not to exceed twenty-four (24) hours within any period
of seven (7) consecutive days.
(B) Livestock, horses, cows, poultry, swine or other similar animals used for husbandry
purposes. Common household pets are permitted.
(Ord. 170-01-13, 1/15/2013).
11-5-5: HEIGHT REGULATIONS. No building or structure shall exceed two and one-
half (2½) stories or twenty-five (25) feet in height, whichever is greater. Roofs above the square
of the building and building architectural design features not used for human occupancy, such as
TITLE 11 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 330
chimneys, flag poles, television antennas, ornamental architectural design appurtenances or other
similar building features, shall not be considered in determining such height.
(Ord. 170-01-13, 1/15/2013).
11-5-6: SETBACK 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
(30) feet from the right-of-way line of the street.
(B) Side Yard. No main building shall be closer than 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 lot.
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 8 feet from any side property line.
(C) Rear Yard. No main building shall be constructed closer than 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
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 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 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 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.
(Ord. 122, 11/20/2007); (Ord. 170-01-13, 1/15/2013); (Ord. 279-07-22, 7/19/2022).
TITLE 11 IONA CITY CODE
CHAPTER 5 (Revision: February 29, 2024) Page 331
11-5-7: AREA REQUIREMENTS. The following area requirements shall apply in the
R-2 zone.
(A) Minimum lot area and building line width requirements.
(1) Lots occupied by single family dwellings shall be not less than fourteen thousand
five hundred twenty (14,520) square feet (1/3 acre) in total area and shall have a lot
width at the front lot line of not less than seventy-five (75) feet measured at the
front setback line.
(2) Each additional dwelling unit shall have additional one thousand (1,000) square
feet of yard space per unit. Any multi-family dwelling shall have a minimum lot
width at the front lot line of not less than eighty-five (85) feet.
(B) Lot coverage. No more than sixty percent (60%) of the lot area may be covered by
buildings or structures.
(Ord. 170-01-13, 1/15/2013).
11-5-8: WATER AND SEWER SERVICE REQUIREMENTS.
(A) Sewer. All residential structures within this zone shall be connected to a public sewer
facility, if located within three hundred feet (300’) of the terminus of any existing sewer
line. If such sewer facilities are not available, then the use shall meet the requirements of
the District Seven Health Department.
(B) Water. All domestic uses shall be connected to the domestic water system of the City.
(Ord. 138-12-08; 8/19/2008); (Ord. 170-01-13, 1/15/2013).
11-5-9: OFF-STREET PARKING REQUIREMENTS. The following off-street parking
requirements shall apply in the R-2 zone.
(A) For each single-family residence, two off-street parking spaces. Two additional spaces are
required for each additional unit on any lot.
(B) All single-family residential structures within this zone shall have a garage or carport
constructed of like materials.
(C) All other uses shall comply with the provisions of Chapter 12 of this Title.
(Ord. 170-01-13, 1/15/2013); (Ord. 289-07-23, 7/18/2023).
TITLE 11 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 332
CHAPTER 6 Commercial (C) Zone
SECTION:
11-6-1: Purpose
11-6-2: Permitted Uses
11-6-3: Conditional Uses
11-6-4: Height Regulations
11-6-5: Setback and Site Requirements
11-6-6: Area Requirements
11-6-7: Water and Sewer Service
11-6-8: Off-Street Parking Requirements
11-6-9: Landscaping/Buffering Required
11-6-1: PURPOSE. The purpose of this zone is to regulate general retail uses, professional
offices and travel or highway related service requirements within the City.
(Ord. 170-01-13, 1/15/2013).
11-6-2: PERMITTED USES. The following uses are allowed in the Commercial (C)
zone.
(A) All commercial uses that are retail in nature or provide a service not involving
manufacturing on the premises, except products the major portion of which are to be sold
at retail by the manufacturer to the consumer.
(B) Public utilities and facilities such as schools, city infrastructure, parks and playgrounds,
churches and other similar facilities of a non-industrial nature.
(C) Residential use directly related to the commercial use on the property.
(D) Accessory buildings subject to the restrictions in section 11-11-6 of this Code, provided
such buildings do not exceed two (2) stories in height.
(E) Automobile and trailer sales, service and rental.
TITLE 11 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 333
(F) Other similar uses that are determined by the City Council to be compatible with the
purpose and intent of this zone.
(Ord. 170-01-13, 1/15/2013).
11-6-3: 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 Commercial Zone:
(1) Wholesale operations.
(2) Junk or salvage yards/Second hand sales.
(3) Adult book stores or adult businesses.
(4) Welding or machine shops, motor vehicle and agricultural vehicle repair shops or
garages.
(5) Commercial storage buildings.
(6) Manufactured home or recreational vehicle sales or parks.
(7) Government protective facilities.
(8) Temporary buildings as uses necessary for construction purposes for a period not
to exceed one (1) year.
(9) Any business requiring bulk storage for resale of any flammable liquid to be stored
above or below ground.
(10) Any business for which a beer, wine or liquor license is required under the
provisions of Chapters 2, 3 and 4, of Title 4 of this Code, whether for consumption
on or off premises.
(11) Wireless communication towers and associated operational facilities, buildings,
and equipment, provided such facilities are located within a T-1 or T-2 Overlay
zone and are compliant with the provisions set forth in Chapter 2, Title 10 of this
City Code.
TITLE 11 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 334
(12) All buildings used in conjunction with unconditional uses otherwise allowed in this
zone, where such buildings exceed thirty-five (35) feet in height.
(Ord. 143-01-09, 3/17/2009); (Ord. 170-01-13, 1/15/2013); (Ord. 190-02-15, 2/17/2015).
11-6-4: HEIGHT REGULATIONS. No building, structure or any portion thereof shall
exceed thirty-five (35) feet in height, unless approved by conditional use permit. Roofs above the
square of the building and building architectural design features not used for human occupancy,
such as chimneys, flag poles, television antennas, ornamental architectural design appurtenances
or other similar building features, shall not be considered in determining such height.
(Ord. 170-01-13, 1/15/2013).
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 10 feet.
(B) Rear yards shall have a depth of not less than 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.
(Ord. 170-01-13, 1/15/2013); (Ord. 238-07-20, 7/21/2020); (Ord. 279-07-22, 7/19/2022).
11-6-6: AREA REQUIREMENTS. There shall be no minimum lot size or setbacks,
unless the commercial use is contiguous to a residential zone. The side and rear yard setbacks as
required by that residential zone shall be observed on all sides of the commercial property
contiguous with the residential zone.
(Ord. 170-01-13, 1/15/2013).
11-6-7: WATER AND SEWER SERVICE.
(A) Sewer. All commercial structures within the zone shall be connected to a public sewer
facility, if located within three hundred (300) feet of the terminus of any existing sewer
TITLE 11 IONA CITY CODE
CHAPTER 6 (Revision: February 29, 2024) Page 335
line. If such sewer facilities are not available, then the use shall meet the requirements of
the Idaho District Seven Health Department.
(B) Water. All commercial uses shall be connected to the domestic water system of the City.
(Ord. 170-01-13, 1/15/2013).
11-6-8: OFF-STREET PARKING REQUIREMENTS. Off-street parking shall comply
with the provisions of Chapter 12 of this Title.
(Ord. 170-01-13, 1/15/2013).
11-6-9: LANDSCAPING/BUFFERING REQUIRED. Landscaping shall cover at least
five percent (5%) of the parking lot areas of any commercial development. Landscaping will be
placed in such a manner as to buffer adjacent incompatible uses. This requirement shall apply to
all new commercial developments commenced after the effective date of the original Ordinance
adopting this section, and to any remodel of a commercial facility should it be determined that
more than fifty percent (50%) of the facility is being remodeled or expanded. If the commercial
development abuts a residential area, a buffer of landscaping or fencing shall divide the
commercial development from the residential area. No buffer shall exceed 6 feet in height,
provided however that the Council may approve certain landscaping or trees that exceed 6 feet in
height. The Council shall review and approve all landscaping plans.
(Ord. 170-01-13, 1/15/2013); (Ord. 238-07-20, 7/21/2020).
TITLE 11 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 336
CHAPTER 7 Industrial (I) Zone
SECTION:
11-7-1: Purpose
11-7-2: Permitted Uses
11-7-3: Conditional Uses
11-7-4: Height Regulations
11-7-5: Setback and Site Requirements
11-7-6: Area Requirements
11-7-7: Water and Sewer Services
11-7-8: Off-Street Parking Requirements
11-7-9: Landscaping/Buffering Required
11-7-1: PURPOSE. The Industrial zone is established to provide for and encourage the
grouping together of industrial uses capable of being operated under such standards as to location
and appearance of buildings and the treatment of the land about them, that they will be unobtrusive
and not detrimental to surrounding commercial or residential uses.
(Ord. 170-01-13, 1/15/2013).
11-7-2: PERMITTED USES. The following uses are permitted in the Industrial zone:
(A) All light industrial uses including manufacturing plants, processing plants and related uses,
provided such uses shall not cause:
(1) Dust, smoke, gas, fumes, noise, vibrations, or odors beyond the boundaries of the
site on which such use is conducted, that are unduly hazardous or injurious to other
properties in the vicinity or to the general public.
(2) Hazard of fire, explosion, or other physical damage to any adjacent building or
plant growth.
(B) Construction equipment, maintenance or operating equipment of public agencies or public
utilities or materials and equipment or a similar nature including lumber, coal, sand and
gravel yards.
TITLE 11 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 337
(C) Food processing.
(D) Laundry and dry-cleaning establishments of an industrial character.
(E) Accessory buildings, subject to the restrictions in section 11-11-6 of this Code.
(F) Other similar uses that are determined by the City Council to be compatible with the
purpose and intent of this zone.
(Ord. 170-01-13, 1/15/2013).
11-7-3: 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 Industrial zone:
(1) All heavy industrial uses.
(2) Temporary buildings used necessary for construction purposes for a period not to
exceed one (1) year.
(3) Broadcasting towers for radio or television.
(4) Wireless communication towers and associated operational facilities, buildings,
and equipment, provided such facilities are located within a T-1 or T-2 Overlay
zone and are compliant with the provisions set forth in Chapter 2, Title 10 of this
City Code.
(5) Storage, for wholesale or for distribution in bulk, of any flammable liquid above or
below ground.
(6) Sewage treatment plants and similar facilities.
(7) Railroad box cars, motor vehicle cargo containers or other containers normally used
for the shipment of freight, cargo or other items, by rail, ship or motor vehicular
transportation, where the owner uses such containers for storage purposes.
(8) Recycling collection centers.
(9) Any lawful use not otherwise permitted in any other zone established under this
Title.
TITLE 11 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 338
(10) Buildings or structures exceeding five (5) stories or forty-five (45) feet in height,
whichever is greater, but in no event exceeding one hundred fifty (150) feet in
height.
(Ord. 170-01-13, 1/15/2013); (Ord. 190-02-15, 2/17/2015).
11-7-4: HEIGHT REGULATIONS. No building or structure shall exceed five (5) stories
or forty-five (45) feet in height, whichever is greater, unless approved as a conditional use under
section 11-7-3(A) of this Chapter. Roofs above the square of the building and building
architectural design features not used for human occupancy, such as chimneys, flag poles,
television antennas, ornamental architectural design appurtenances or other similar building
features, shall not be considered in determining such height.
(Ord. 170-01-13, 1/15/2013).
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 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 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 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.
(Ord. 170-01-13, 1/15/2013); (Ord. 279-07-22, 7/19/2022).
11-7-6: AREA REQUIREMENTS. There shall be no minimum lot size.
(Ord. 170-01-13, 1/15/2013).
TITLE 11 IONA CITY CODE
CHAPTER 7 (Revision: February 29, 2024) Page 339
11-7-7: WATER AND SEWER SERVICES. Industrial activities shall secure an
adequate water supply and shall provide for the proper treatment of discharge water in a manner
to eliminate adverse effects upon the IBSD sewer system and the environment.
(Ord. 170-01-13, 1/15/2013).
11-7-8: OFF-STREET PARKING REQUIREMENTS. Off-street parking shall comply
with Chapter 12 of this Title.
(Ord. 170-01-13, 1/15/2013).
11-7-9: LANDSCAPING/BUFFERING REQUIRED. Landscaping shall cover at least
five percent (5%) of the parking lot areas of any industrial development. Landscaping shall be
placed in a manner to buffer adjacent incompatible uses. This requirement shall apply to all new
industrial development for which a permit is issued after the date of the ordinance adopting this
Title, and to any remodel of an industrial facility should it be determined that more than fifty
percent (50%) of the facility is being remodeled or expanded. If the industrial development abuts
a residential area, a buffer of landscaping or fencing shall divide the industrial development from
the residential area. No buffer shall exceed six (6) feet in height. The City Council shall review
and approve all landscaping plans.
(Ord. 170-01-13, 1/15/2013).
TITLE 11 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 340
CHAPTER 8 Conditional Use Permits
SECTION:
11-8-1: Application—Filing—Content
11-8-2: General Standards Applicable to Conditional Uses
11-8-3: Supplementary Conditions and Safeguards May Be Required
11-8-4: Consideration and Notice of Application for Conditional Use Permit
11-8-5: Council Action
11-8-6: Applicant Notification
11-8-7: Expiration
11-8-8: Violation of Conditions
11-8-1: APPLICATION—FILING—CONTENT.
(A) An application for conditional use permit shall be filed with the City Clerk and shall be
signed by all owners of the subject property for which such conditional use is proposed.
The application shall contain the following information:
(1) Name, address and phone number of applicant.
(2) Legal description of property (with street address, if possible).
(3) Description of existing use.
(4) Present zoning of the property.
(5) A detailed description of the proposed conditional use.
(6) A plan of the proposed site for the conditional use showing the proposed or current
location of all buildings, parking and loading area, traffic access and traffic
circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards
and such other information as the City may require to determine if the proposed
conditional use meets the intent and requirements of this title.
(7) A narrative statement evaluating the effects on adjoining property; the effect of
such elements as noise, glare, odor, fumes and vibrations on adjoining property; a
discussion of the general compatibility with adjacent and other properties in the
district; and the relationship of the proposed use to the comprehensive plan.
TITLE 11 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 341
(8) Any other information required by the City.
(B) Each applicant, owner or developer proposing a conditional use may be required to prepare
an impact study which shall show the potential effects of the proposed development upon
the City both in terms of economics and environment.
The application must show that the proposed development is not harmful to the
environment, that adequate transportation, fire and police protection, pollution control, and
other factors which may be of concern to the City and its residents are considered. If in the
judgement of the City the proposal would have little or no impact upon such factors the
City may waive the requirement of an impact study.
The impact study may be required to include but not be limited to a study of the potential
impact upon:
(1) Drainage and grading of slopes.
(2) Utilities, water sources, sewerage facilities, and solid waste.
(3) Vegetation impact and influence.
(4) Public and wildlife easements.
(5) Air and water quality.
(6) Geological impact.
(7) Transportation and fire and police protection.
(8) Schools, public and recreation facilities.
(9) Aesthetic value.
When the applicant owns or controls more contiguous or adjacent land that is not included
in the proposal, the City may require the applicant to submit an overall plan for
development of the entire tract, which plan shall show the manner in which the entire tract
of property is to be developed. If no further land is owned, nor any further plan of
development, a written statement to that effect shall be required.
The City may require the applicant to supply additional information on any of the factors
or criteria of the study.
11-8-2: GENERAL STANDARDS APPLICABLE TO CONDITIONAL USES. The
City Council and/or Zoning Commission shall review the particular facts and circumstances of
each proposed conditional use in terms of the following standards and shall find adequate evidence
showing that such use at the proposed location:
(A) Will, in fact, constitute a conditional use as established in this Title for the zoning district
involved, in that it is not already defined as a permitted use in the zoning ordinance.
TITLE 11 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 342
(B) Will be harmonious with and in accordance with the general objectives of the zoning
district involved and with all specific objectives of the comprehensive plan.
(C) Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area.
(D) Will not be hazardous or disturbing to existing or future neighboring uses.
(E) Will be served adequately by essential public facilities and services such highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer and
schools, or that the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services.
(F) Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community.
(G) Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors.
(H) Will have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares.
(I) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
11-8-3: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS MAY BE
REQUIRED. In granting any conditional use, the City may prescribe appropriate conditions,
bonds and safeguards in conformity with this Title. Violations of such conditions, bonds or
safeguards, when made a part of the terms under which the conditional use is granted, shall be
deemed a violation of this Title.
11-8-4: CONSIDERATION AND NOTICE OF APPLICATION FOR
CONDITIONAL USE PERMIT.
(A) Process of Consideration. Prior to granting a conditional use permit, the application shall
be considered by the Planning and Zoning Commission and at least one public hearing in
which interested persons shall have an opportunity to be heard shall be held before the City
Council.
(B) Planning and Zoning Commission Consideration. At the meeting at which the Planning
and Zoning Commission considers the application for conditional use permit, the Planning
and Zoning Commission shall review the application to determine its compliance with the
Zoning Map; the Comprehensive Plan of the City; this Chapter 11 of the Iona City Code;
TITLE 11 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 343
and all applicable federal, state, or local laws. The person submitting the application may
(but is not required to) address the Planning and Zoning Commission to present additional
evidence, answer questions from the Planning and Zoning Commission members, or make
any other statement relevant to the application under consideration. The Planning and
Zoning Commission may (but is not required to) allow interested persons to address the
Planning and Zoning Commission in relation to the application under consideration. The
Commission shall prepare a written recommendation on such application and cause its
written recommendation to be forwarded to the City Council before the meeting at which
the City Council considers the application.
(C) Notice of Public Hearing. At least 15 days prior to the hearing, notice of the time and
place and a summary of the proposal shall be published by the City in the official
newspaper or paper of general circulation within the jurisdiction or in any other manner as
allowed by state statute. Notice may also be made available to other newspapers, radio or
television stations serving in the jurisdiction for use as a public service announcement
utility. Notice of such application shall also be sent to all utilities providing utility services,
which notice shall be mailed at least 15 days prior to the public hearing. Notice of the
hearing shall also be provided by the applicant by regular mail to property owners and
residents within the land being considered, and within 300 feet of the external boundaries
of the land being considered, and any additional area that may by substantially impacted
by the proposed conditional use as determined by the Council. When notice is required to
200 or more property owners or residents, in lieu of the mailing notification, 3 notices in
the newspaper or paper of general circulation is sufficient; provided, the third notice is
published at least 10 days prior the public hearing. The applicant shall certify to the City
that this notice has been given in the manner required by the City and applicable law.
(D) City Council Consideration. The City Council shall conduct a public hearing in which
interested persons shall have an opportunity to be heard in relation to the application for
conditional use permit. At the meeting at which the City Council considers such
application, the City Council shall consider the Planning and Zoning Commission’s written
recommendation and review the application to determine its compliance with the Zoning
Map; the Comprehensive Plan of the City; this Chapter 11 of the Iona City Code; and all
applicable federal, state, or local laws.
(Ord. 248-12-20; 12/15/2020).
11-8-5: COUNCIL ACTION.
(A) Within forty-five (45) days after the public hearing, the City Council shall recommend
approval, or disapproval of the application for conditional use permit as presented, unless
a time extension is agreed upon. If the application is to be approved, the City shall list the
specific conditions for approval.
TITLE 11 IONA CITY CODE
CHAPTER 8 (Revision: February 29, 2024) Page 344
(B) Upon granting of a conditional use permit, conditions may be attached to a conditional use
permit including, but not limited to, those:
(1) Minimizing adverse impact on other developments.
(2) Controlling the sequence and timing of development.
(3) Controlling the duration of development.
(4) Assuring that development is maintained properly.
(5) Designating the exact location and nature of development.
(6) Requiring the provisions for on-site or off-site public facilities or services.
(7) Requiring more restrictive standards than those generally required in an ordinance.
(C) Prior to granting a conditional use permit, the Council may request studies from the
applicant or public agencies concerning social, economic, fiscal and environmental effects
of the proposed conditional use. A conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits. A conditional use
permit is not transferable from one parcel of land to another.
(D) The Council shall ensure that any approvals for conditional use permits are in accordance
with the comprehensive plan.
11-8-6: APPLICANT NOTIFICATION. Within ten (10) days after a decision has been
rendered, the City Clerk shall provide the applicant with written notice of the action on the request.
11-8-7: EXPIRATION. If the conditional use is not implemented within ninety (90) days
of final approval, such approval shall, unless prior to such expiration an extension is granted by
the City Council. Any conditional use that is not substantially used for a period of six (6)
consecutive months shall be deemed to be waived.
11-8-8: VIOLATION OF CONDITIONS. If conditions are not met as approved, the City
may rescind approval of the conditional use and cause such use to cease.
TITLE 11 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 345
CHAPTER 9 Non-Conforming Uses
SECTION:
11-9-1: Conditions of Non-Conforming Uses
11-9-1: CONDITIONS OF NON-CONFORMING USES.
(A) Any use lawfully occupying a building or land at the effective date of the Title or of
subsequent amendments thereto, which does not conform to the regulations for the zone in
which it is located shall be deemed to be a non-conforming use and may be continued,
subject to the provisions of this Chapter. Maintenance and minor repairs necessary to keep
a non-conforming use in sound condition during such continuance shall be permitted.
(B) A non-conforming building may be enlarged or extended only if the non-conforming use
is totally discontinued and a permitted use is made for the structure.
(C) No building partially occupied by a non-conforming use shall be altered in such a way to
permit the enlargement or expansion of the space occupied by such non-conforming use.
(D) No non-conforming use may be enlarged or extended in such a way as to occupy any
required open space, or any land beyond the boundaries of the lot on which it existed at the
effective date of the ordinance codified in this Title, nor may any such non-conforming use
displace any conforming use in the same building or on the same parcel.
(E) Any non-conforming building destroyed by fire or other calamity to an extent of sixty
percent (60%) or more of the floor space area of the structure may not be restored unless
such restoration shall make the building a conforming use; provided, however, that nothing
in this Title shall be construed to prevent the restoration and the resumption of former
lawful use of any building that is damaged or partially destroyed by fire, or other calamity,
to the extent of less than sixty percent (60%); provided, that such restoration is started
within one (1) calendar year and diligently prosecuted to completion.
(F) Whenever a non-conforming use of land or building has been discontinued for a period of
one (1) year, with the exception of non-conforming agricultural uses which must be
discontinued for a period of three (3) years, or whenever there is evidence of a clear intent
to abandon a non-conforming use, such use shall not thereafter be reestablished, and the
uses of the premises thereafter shall be in conformity with the regulations of the zone in
which the use is located.
(G) Regardless of the provisions of subsections 11-9-1(A) through (E) of this chapter, and those
uses allowed under other provisions of the Iona Municipal Code, where there are
agricultural grain storage sheds or bins used exclusively for the storage of grain or grass
TITLE 11 IONA CITY CODE
CHAPTER 9 (Revision: February 29, 2024) Page 346
seed located on property within the City for private and non-commercial storage of grain,
or construct new sheds or bins for the same purpose within the use district in which said
property and prior existing facilities are located so long as the same is located upon the
same parcel of property as the prior existing facilities, and subject to owner obtaining and
the City approving a conditional use permit for same.
TITLE 11 IONA CITY CODE
CHAPTER 10 (Revision: February 29, 2024) Page 347
CHAPTER 10 Iona Sign Ordinance
SECTION:
11-10-1: Title and Purpose
11-10-2: Scope
11-10-3: Traffic and Private Access Road Signs
11-10-4: Only City Signs Allowed on Public Property
11-10-5: Enforcement
11-10-1: TITLE AND PURPOSE. This chapter shall be known as the Iona Sign Ordinance.
The Council finds and declares that this Iona Sign Ordinance is necessary to regulate the
construction, erection, and maintenance of signs on public property within the City to protect the
health, safety, property, and welfare of the public; improve the neat, clean, orderly, and attractive
appearance of the City; and provide for sign needs of special or noteworthy areas, facilities, and
events.
(Ord. 274-01-22, 1/18/2022).
(Ord. 274-01-22, 1/18/2022).
11-10-2: SCOPE. This Iona Sign Ordinance applies to all Signs on public property within
the City. For purposes of this Iona Sign Ordinance, “public property” refers to real property that
is owned by or has been dedicated to (and accepted by) the City or another governmental entity,
including all roadways and rights-of-way for public access; it does not include any utility or other
easement interest that does not provide public access.
11-10-3: TRAFFIC AND PRIVATE ACCESS ROAD SIGNS. Notwithstanding any
provision of this Chapter to the contrary:
(A) Any Sign for the purpose of controlling or regulating traffic is allowed only upon strict
compliance with the provisions of Chapter 2, Title 9 of this Code (regarding Traffic Control
Signs and Signals), as the same currently exists or is hereafter amended.
(B) Any sign required in relation to any private access road by Section 11-11-26 of this Code
or other applicable law is hereby allowed separate from and independent of any other
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CHAPTER 10 (Revision: February 29, 2024) Page 348
restrictions of this Chapter, subject only to the requirements of Section 11-11-26 of this
Code or other applicable law.
(Ord. 274-01-22, 1/18/2022).
11-10-4: ONLY CITY SIGNS ALLOWED ON PUBLIC PROPERTY. Regardless of
any underlying zoning, only the City; the City’s authorized employees, agents, and contractors; or
another person authorized by the City Council may place any Sign within any part or portion of
public property.
(Ord. 274-01-22, 1/18/2022).
11-10-5: ENFORCEMENT. The City may remove and dispose of any sign placed on any
public property in violation of this chapter. Any person who knowingly and willfully violates the
provisions of this chapter shall be guilty of an infraction.
(Ord. 274-01-22, 1/18/2022).
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CHAPTER 11 (Revision: February 29, 2024) Page 349
CHAPTER 11 Miscellaneous Use Regulations
SECTION:
11-11-1: Miscellaneous Use Regulations
11-11-2: Conversion of Dwelling to More Units
11-11-3: Temporary Buildings
11-11-4: [Repealed]
11-11-5: Dangerous, Hazardous or Highly Objectionable Uses
11-11-6: Accessory Buildings
11-11-7: Animal Clinics, Animal Hospitals, Veterinary Offices and Commercial Kennels
11-11-8: Bulk Storage of Flammable Liquids and Gases, Above or Below Ground and for
Resale
11-11-9: Hazardous Uses
11-11-10: Contractors Yards
11-11-11: Drive-In Restaurants
11-11-12: Home Occupations
11-11-13: Restrictions upon Home Occupations
11-11-14: Riding Stables and Schools
11-11-15: Rifle and Pistol Ranges
11-11-16: Wrecking Yards and Junk Yards
11-11-17: Landfills, Recycling Centers, Incinerators, Compost Operators, and other Solid
Waste Disposal Facilities
11-11-18: [Repealed]
11-11-19: Fences
11-11-20: Developments near Canals
11-11-21: Manufactured Home Placement
11-11-22: Manufactured/Mobile Home Parks
11-11-23: Street Access
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 350
11-11-24: Extended Use of Recreational Vehicles for Human Habitation Prohibited in
Residential Zones
11-11-25: Parking of Inoperative or Unregistered Motor Vehicles Prohibited in Front and
Side Yard of Residential Lots
11-11-26: Private Access Roads
11-11-1: MISCELLANEOUS USE REGULATIONS. The purpose of these
miscellaneous use regulations is to set specific conditions for various uses, and classification of
uses in areas where problems are frequently encountered. In addition to all other regulations
specified in this Title, the following provisions in this Chapter shall be adhered to.
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 zone.
(B) The lot area per family or dwelling unit equals the lot area requirements for new structures
in that zone.
(C) The floor area per dwelling unit is not reduced to less than that which is required for new
construction in that zone; and
(D) The conversion is in compliance with all other applicable zoning, building, health, and
safety codes and ordinances.
(Ord. 272-10-21, 10/19/2021).
11-11-3: TEMPORARY BUILDINGS. Temporary buildings, construction trailers,
equipment and materials used in conjunction with construction work may only be permitted on the
site by conditional use permit in any zone during the period construction work is in progress, but
not to exceed one (1) year, and such temporary facilities shall be forthwith removed upon
completion of the construction work.
11-11-4: [Repealed]. (Ord. 152-05-10, 9/21/2010).
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CHAPTER 11 (Revision: February 29, 2024) Page 351
11-11-5: DANGEROUS, HAZARDOUS OR HIGHLY OBJECTIONABLE USES. No
land or building in any district shall be used or occupied in any manner creating dangerous,
injurious, noxious or otherwise highly objectionable conditions which adversely affect the
surrounding areas or adjoining premises, except that any use permitted by this Title may be
undertaken and maintained if the following performance requirements are observed:
(A) Fire Hazards. Any activity involving the use or storage of flammable or explosive
materials, including hazardous materials shall be protected by adequate fire fighting and
fire protection equipment and by such safety devices as are normally used in the handling
of any such material. Such hazards shall be kept and maintained in compliance with the
Uniform Fire Code.
(B) Radioactivity or Electrical Disturbance. No activity shall emit harmful radioactivity at
any point, or electrical disturbance adversely affecting the operation of any equipment at
any point other than that of the creator of such disturbance.
(C) Noise. Objectionable noise due to volume, frequency, or beat shall be muffled or otherwise
controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt
from this requirement, as are noises attendant to ordinary agricultural operations.
(D) Vibration. No vibration shall be permitted which is readily discernable upon any
adjoining lot or property.
(E) Air Pollution. Air pollution shall be subject to the requirements and regulations
established by the District Seven Health Department or the State of Idaho.
(F) Glare. No direct or reflected glare shall be permitted which is visible from any property
adjacent to an industrial-commercial zone which is visible from any street.
(G) Erosion. No erosion, caused by human instrumentalities, shall be permitted which will
carry hazardous, noxious or foul-smelling substances onto neighboring properties.
(H) Enforcement Provisions. Prior to the issuance of a Building Permit, the City Council may
require the submission of statements and plans indicating the manner in which dangerous
and objectionable elements involved in processing and in equipment operations are to be
eliminated or reduced to acceptable limits and tolerances.
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 200 square feet in total area shall not be located closer
than 5 feet from any side or rear property line. Accessory buildings less than 200 square
feet in total area shall not be located closer than 3 feet from any side or rear property line.
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 352
(C) Accessory buildings greater than 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.
(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.
(E) Accessory buildings may not be any closer than 12 feet from the main building on the lot.
This setback requirement shall be the distance measured from (1) the foundation of the
main building nearest the accessory building to (2) the building wall or frame of the
accessory building nearest the main building.
(Ord. 129,1/15/2008); (Ord. 170-01-13, 1/15/2013); (Ord. 210-02-17, 3/21/2017); (Ord. 272-10-
21, 10/19/2021); (Ord. 286-04-23, 4/18/2023).
11-11-7: ANIMAL CLINICS, ANIMAL HOSPITALS, VETERINARY OFFICES
AND COMMERICAL KENNELS. Animal clinics, animal hospitals, veterinary offices and
kennels shall be located at least three hundred (300) feet from any residence use, motel or hotel,
except for an owner's residence. The City may modify these requirements if the animals are housed
in sound-proof structures that also screens them from view of the abutting residential property.
11-11-8: BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES, ABOVE OR
BELOW GROUND AND FOR RESALE.
(A) Bulk storage of flammable liquids and gases, above or below ground and for resale shall
be located at least three hundred (300) feet from a residence, motel, or hotel, except for an
owner's residence.
(B) Bulk storage of flammable liquids and gases, above or below ground and for resale shall
be erected only with the written approval of the City.
(C) Bulk storage of flammable liquids and gases, above or below ground and for resale shall
have suitable loading and unloading spaces and off-street parking facilities in conformity
with Chapter 12 of this Title and the Uniform Fire Code.
11-11-9: HAZARDOUS USES. All chemicals, pesticide and fertilizer storage and
manufacturing shall have adequate fire protection, storage area, handling and disposal in
accordance with the Uniform Fire Code.
11-11-10: CONTRACTORS YARDS.
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CHAPTER 11 (Revision: February 29, 2024) Page 353
(A) All contractors yards shall be located a minimum distance of the three hundred (300) feet
from any residence except for the owner's residence.
(B) All contractors yards shall have a vision screening fence around areas utilized for storage
equipment and demolition material.
11-11-11: DRIVE-IN RESTAURANTS.
(A) All drive-in restaurants shall be enclosed by landscaping or fencing, except for ingress and
egress roads or pedestrian entrances, in such a manner as to prevent trash from moving
onto other properties.
(B) All drive-in restaurants shall have a six (6) foot high-sight obscuring fence along the
property lines that adjoin a residence.
(C) All drive-in restaurants shall provide for adequate trash receptacles; and
(D) All drive-in restaurants shall avoid the direction of night lighting upon adjoining residential
uses.
11-11-12: HOME OCCUPATION CLASSIFICATIONS. Every Home Occupation, as
defined in this Title, shall be classified into one of the following classifications:
(A) Clerical Home Occupations. A “Clerical Home Occupation” is a Home Occupation that,
regardless of the nature of the underlying business conducted, only uses one building for
office, clerical, planning, file storage, or similar uses.
(B) Service Home Occupations. A “Service Home Occupation” is a Home Occupation that
provides services, documents, or intangible products. Examples include: professional
skills, expertise, advice, salons, repair shops, schools, banks.
(C) Small Service Home Occupations. A “Small Service Home Occupation” is a Service
Home Occupation that is physically visited at the lot by fewer than ten individuals
(regardless of whether such individuals are employees, vendors, customers, clients, or
otherwise) per calendar month.
(D) Merchandising Home Occupations. A “Merchandising Home Occupation” is a Home
Occupation that buys and sells products without changing the form of the products.
Examples include: retail merchants, distributors, and resellers.
(E) Small Merchandising Home Occupations. A “Small Merchandising Home Occupation”
is a Merchandising Home Occupation that is physically visited at the lot by fewer than ten
individuals (regardless of whether such individuals are employees, vendors, customers,
clients, or otherwise) per calendar month.
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CHAPTER 11 (Revision: February 29, 2024) Page 354
(F) Manufacturing Home Occupations. A “Manufacturing Home Occupation” is a Home
Occupation that consists only of one or more uses that are light industrial (as defined in
this Title).
(G) Industrial Home Occupations. An “Industrial Home Occupation” is a Home Occupation
that includes a use that is heavy industrial (as defined in this Title).
(Ord. 232-08-19, 8/20/2019).
11-11-13: RESTRICTIONS UPON HOME OCCUPATIONS. It shall be an infraction if
any person fails to comply with the restrictions upon any Home Occupation contained in this
Section or to fail to obtain a conditional use permit if one is necessary for the operation of a Home
Occupation. Notwithstanding any other provision of this Code, no more than two Home
Occupations shall be permitted on the same lot and each Home Occupation (as defined in this
Title) is subject to the following restrictions, based on the classifications described and defined in
this Chapter.
(A) Clerical Home Occupations. A Clerical Home Occupation is a permitted use within any
residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established in this Title), subject to
the following provisions:
(1) The outside appearance of the lot shall not be altered in any way to attract customers
or signify the undertaking of the Clerical Home Occupation and there shall be no
visible evidence of the conduct of such Clerical Home Occupation.
(2) No significant traffic shall be generated by such Clerical Home Occupation and the
dwelling shall only rarely, if ever, be visited by any customer.
(3) No equipment or process shall be used in such Clerical Home Occupation that
creates noise, vibration, glare, fumes, odors, or electrical interference detectable to
the normal senses at any point outside the lot on which the dwelling is located.
(4) No equipment or process shall be used which creates visual or audible interference
in any radio or television receivers off the lot on which the dwelling is located, or
which causes fluctuations in line voltage off the premises.
(5) The business shall not create a nuisance to the surrounding neighborhood in the
form of noise, odors, traffic generated, or in any other manner.
(B) Small Home Occupations. A Small Service Home Occupation or a Small Merchandising
Home Occupation (together referred to in this Section as “Small Home Occupations”) is a
permitted use within any residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established
in this Title), subject to the following provisions:
(1) The outside appearance of the lot shall not be altered in any way to attract customers
or signify the undertaking of the Small Home Occupations and there shall be no
visible evidence of the conduct of such Small Home Occupations.
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CHAPTER 11 (Revision: February 29, 2024) Page 355
(2) The business shall continually satisfy the limitation of being visited by no more
than ten individuals per calendar month, as specified in the definition of the Small
Home Occupations in Section 11-11-12.
(3) No equipment or process shall be used in such Small Home Occupations that create
noise, vibration, glare, fumes, odors, or electrical interference detectable to the
normal senses at any point outside the lot on which the dwelling is located.
(4) No equipment or process shall be used which creates visual or audible interference
in any radio or television receivers off the lot on which the dwelling is located, or
which causes fluctuations in line voltage off the premises.
(5) The business shall not create a nuisance to the surrounding neighborhood in the
form of noise, odors, traffic generated, or in any other manner.
(C) Service Home Occupations. A Service Home Occupation is a conditional use within any
residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established in this Title), subject to
the following provisions and any other conditions imposed by the Council:
(1) The use of any building on the lot for the Service Home Occupation shall be clearly
incidental and subordinate to their use for residential purposes by the occupants.
Not more than 20% of the total square footage in the buildings shall be used in the
conducting of the Service Home Occupation, and no portion of the Service Home
Occupation shall occur on the lot outside the building in which the Service Home
Occupation is located.
(2) The outside appearance of the lot shall not be altered in any way to attract customers
or signify the undertaking of the Service Home Occupation and there shall be no
visible evidence of the conduct of such Service Home Occupation other than one
sign, not exceeding two square feet in area, indirectly illuminated and mounted flat
against the wall of the building in which the Service Home Occupation is located.
(3) No significant traffic shall be generated by such Service Home Occupation and any
need for parking generated by the conduct of such Service Home Occupation shall
meet the off-street parking requirements as specified in this Title and shall not be
located in a required front yard.
(4) No equipment or process shall be used in such Service Home Occupation that
creates noise, vibration, glare, fumes, odors, or electrical interference detectable to
the normal senses at any point outside the lot on which the dwelling is located.
(5) No equipment or process shall be used which creates visual or audible interference
in any radio or television receivers off the lot on which the dwelling is located, or
which causes fluctuations in line voltage off the premises.
(6) The business shall not create a nuisance to the surrounding neighborhood in the
form of noise, odors, traffic generated, or in any other manner.
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CHAPTER 11 (Revision: February 29, 2024) Page 356
(D) Merchandising Home Occupations. A Merchandising Home Occupation is a conditional
use within any residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established in this
Title), subject to the following provisions and any other conditions imposed by the Council:
(1) The use of any building on the lot for the Merchandising Home Occupation shall
be clearly incidental and subordinate to their use for residential purposes by the
occupants and not more than 20% of the total square footage in the buildings or
10% of the area of the lot on which the Merchandising Home Occupation is located
(whichever is less) shall be used in conducting of the Merchandising Home
Occupation.
(2) The outside appearance of the lot shall not be altered in any way to attract customers
or signify the undertaking of the Merchandising Home Occupation and there shall
be no visible evidence of the conduct of such Merchandising Home Occupation
other than one sign, not exceeding two square feet in area, indirectly illuminated
and mounted flat against the wall of the building in which the Merchandising Home
Occupation is located.
(3) No significant traffic shall be generated by such Merchandising Home Occupation
and any need for parking generated by the conduct of such Merchandising Home
Occupation shall meet the off-street parking requirements as specified in this Title
and shall not be located in a required front yard.
(4) No equipment or process shall be used in such Merchandising Home Occupation
that creates noise, vibration, glare, fumes, odors, or electrical interference
detectable to the normal senses at any point outside the lot on which the dwelling
is located.
(5) No equipment or process shall be used which creates visual or audible interference
in any radio or television receivers off the lot on which the dwelling is located, or
which causes fluctuations in line voltage off the premises.
(6) The business shall not create a nuisance to the surrounding neighborhood in the
form of noise, odors, traffic generated, or in any other manner.
(E) Manufacturing Home Occupations. A Manufacturing Home Occupation is not allowed
within any residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established in this Title).
(F) Industrial Home Occupations. An Industrial Home Occupation is not allowed within
any residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established in this Title).
(Ord. 232-08-19, 8/20/2019).
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 357
11-11-14: RIDING STABLES AND SCHOOLS.
(A) All stables or loafing sheds shall be located not less three hundred (300) feet from any
residence, except for owner's residence. All such facilities shall be set back a distance of
thirty (30) feet from any property line.
(B) All riding stables and schools shall be conducted in a manner that avoids excessive noise
and obnoxious odors. No riding stable or school shall be conducted in a manner which
creates a nuisance.
11-11-15: RIFLE AND PISTOL RANGES.
(A) All rifle and pistol ranges shall be constructed and operated at all times with an adequate
and safe backstop.
(B) All rifle and pistol ranges shall be designed to avoid a line of fire that is directed towards
any residence or business within one (1) mile.
(C) All rifle and pistol ranges shall incorporate landscaping that is compatible with the
surrounding landscaping.
(D) All rifle and pistol ranges shall provide supervision and security measures during all
periods of use.
11-11-16: WRECKING YARDS AND JUNK YARDS.
(A) No wrecking yards or junk yards shall be operated unless the owner or operator thereof
constructs and maintains a site-obscuring fence located parallel to and ten (10) feet back of
the right-of-way line of any public street or highway for any auto wrecking yard and
salvage yard. Said fence shall be constructed around the entire premises devoted to such
auto wrecking or salvage yard. Any person operating a wrecking yard or junk yard on the
effective date of this Title shall construct such fence within one (1) year from such effective
date.
(B) Materials used for the construction of such fence and details of construction must be
approved by the City. The decision of the City shall be guided by the need to preserve and
protect the scenic and aesthetic values of the surrounding area, and to protect property
value.
(C) No person operating a wrecking yard or junk yard shall store automobile, junk or salvage
material that is visible from any other property.
(D) No person operating a wrecking yard or junk yard shall store automobiles or junk in a
manner that exceeds the height of fence.
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 358
11-11-17: LANDFILLS, RECYCLING CENTERS, INCINERATORS, COMPOST
OPERATORS, AND OTHER SOLID WASTE DISPOSAL FACILITIES. The City Council
may grant a conditional use permit for the construction of a landfill, recycling center, incinerator,
commercial composting operation, liquid waste land farm or any other type of solid waste disposal
or recycling operation subject to the following conditions:
(A) No such permit shall be granted to allow operation of such use in any residential zone.
(B) The applicant shall establish to the City Council's satisfaction that he intends to and is
financially capable of complying with all State, Federal, and local laws, ordinances, and
regulations governing the conduct of such operations.
(C) Such operation shall be required to plan for, install and maintain such safeguards and
measures as the Council shall require to ensure that ground water quality and air quality,
are preserved and environmental hazards and nuisance and unsightly areas are not created
by the operation.
11-11-18: [Repealed]. (Ord. 192-04-15, 2/17/2015).
11-11-19: FENCES. Fences shall not exceed six feet in height when located behind the front
setback line of the building within the zone in which the fence is placed. Fences shall not exceed
three feet in height if located within the front yard (in front of the front setback line) unless such
fence is constructed of material that allows clear vision for sight distance through the fence. If the
fence is constructed of such material, it may be constructed to four feet in height in the front yard
area. All fences constructed must be permitted in accordance with the following provisions:
(A) Permit Required. No person shall construct or substantially reconstruct any fence or other
appurtenance performing a similar function without first obtaining a Fence Permit from the
City.
(B) Application for Permit. The application for permit must be accompanied by an
application fee of $50.00, and shall provide the following information:
(1) The applicant’s name and address;
(2) The landowner’s name (if different);
(3) The address at which the fence is being constructed or substantially reconstructed;
(4) The legal description of the real property at which the fence is being constructed or
substantially reconstructed; and
(5) An affirmation that the boundaries of the real property (including any easements
near to or affecting the construction of the fence) have been accurately marked by
survey or otherwise, including the date on which the locations were marked.
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CHAPTER 11 (Revision: February 29, 2024) Page 359
(C) Site Inspection. Upon receipt of the completed application and application fee, the
applicant shall schedule an appointment with the Division of Public Works, or other
authorized agent on behalf of the City, to inspect the proposed location of the fence together
with the marked boundaries of the real property to ensure compliance with this Section,
any other applicable provisions of the City Code and Idaho law, as well as the limitations
of property boundaries, easements, and any other property interest. After conducting the
site inspection, the Division of Public Works (or other authorized agent) may either
approve the application or refer the application to the Council for consideration.
(Ord. 239-07-20, 8/18/2020).
11-11-20: DEVELOPMENTS NEAR CANALS. No building or structure shall be
constructed within thirty (30) feet from the high water mark of any canal.
11-11-21: MANUFACTURED HOME PLACEMENT. Manufactured homes meeting the
following standards may be sited on single family lots not located in any historic district within
the City limits. The term “manufactured home” shall have the same meaning ascribed in Section
39-4105(8), Idaho Code. Any manufactured home on a lot located outside a mobile home park
shall meet the following standards:
(A) The manufactured home shall be multi-sectional and enclose a space of not less than one
thousand (1,000) square feet.
(B) The manufactured home shall be placed on an excavated and back-filled, permanent,
foundation and enclosed at the perimeter such that the home is located not more than twelve
(12) inches above grade, except when placed on a basement foundation.
(C) The manufactured home shall have a pitched roof, and shall have a slope of at least three
(3) feet in height for each twelve (12) feet in width.
(D) The manufactured home shall have exterior siding and roofing which in color, material and
appearance is similar to the exterior siding and roofing material commonly used on
residential dwellings within the City or which is comparable to the predominant materials
used on surrounding dwellings as determined by the City Council.
(E) The manufactured home shall have a garage or carport constructed of like materials. If the
predominant construction in the area is attached or detached garages then the same can be
required.
(F) Additions to a manufactured home shall be of compatible construction using like materials.
(G) The manufactured home, at the time of placement, must meet all City, state, and county
building codes and must satisfy all other requirements, including, but not limited to,
minimum size requirements, applicable to the zone in which the manufactured home is
located.
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CHAPTER 11 (Revision: February 29, 2024) Page 360
(H) Only one (1) manufactured home may be placed on any single lot.
(Ord. 170-01-13, 1/15/2013); (Ord. 221-06-18, 6/26/2018).
11-11-22: MANUFACTURED/MOBILE HOME PARKS.
(A) Mobile home parks may be constructed or operated in R-2 and C zones by conditional use
permit, but only when such parks are constructed and maintained in accordance with the
following standards and conditions. The park shall be in one (1) ownership and shall remain
in one (1) ownership and the same shall not be subdivided.
(B) The park must be approved by the City prior to the issuance of a permit therefor. The
application for said permit shall be accompanied by twelve (12) copies of the plot plan of
the proposed park. The plot plan shall contain all of the following information.
(1) The name and address of the applicant(s), as well as the name and address of the
individual or company by whom the plan was prepared.
(2) Location and legal description of the tract of land certified by an Idaho Registered
Land Surveyor.
(3) Name of the manufactured home park.
(4) Vicinity map, showing the relationship of the manufactured home park to adjacent
properties.
(5) Location and width of access way.
(6) Street layout, including location, width and proposed names.
(7) Location and width of walkways, alleys, crosswalks, and easements.
(8) Proposed and existing facilities in the park for water supply, sewage, garbage and
waste disposal, and fire protection.
(9) Building plans and specifications for existing buildings and facilities shall be
included in the plot plan.
(10) Location and type of landscaping plantings, fences, walls or other forms of
landscaping.
(11) Enlarged plot plan of typical manufactured home space, showing location of the
land, patio, storage space, parking, sidewalk, utility connections and landscaping.
(12) All sites shall be properly indicated by location and size and numbered on the plot.
(13) Complete information regarding storm sewers and plans to handle storm water.
(14) Grades of driveways; and,
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(15) Such other information as required by the City.
(C) The park shall contain at least two (2) acres, and at least one (1) side of the park shall abut
upon a public street.
(D) The park must be connected to the water system of the City and shall be served by a sewage
disposal system operated by the I.B.S.D. or any other sewer utility licensed by the State of
Idaho and approved by the City.
(E) Spaces in a park shall be not less than ten thousand eight hundred ninety (10,890) square
feet in area. Such minimum area shall include off-street parking areas for the spaces as
required by this Title.
(F) The minimum lot width shall be seventy-five (75) feet.
(G) Yard areas shall be required in accordance with the following:
(1) Each home or accessory building shall be located as to provide a minimum side
yard setback of ten (10) feet, except the side where the primary entrance is located
shall be a minimum of twenty (20) feet.
(2) Each home or accessory building shall be set back at least twenty-five (25) feet
from the front property line or road right-of-way.
(3) A minimum rear yard setback of ten (10) feet shall be required. A minimum setback
of twenty (20) feet shall be required for each space adjacent to any exterior
boundary of the trailer park.
(H) The boundaries of each space shall be clearly, distinctly and permanently outlined.
(I) In no event shall the occupied area of a space exceed fifty percent (50%) of the total space.
The area shall be deemed to be occupied when covered, or occupied by a manufactured
home or any other stored vehicle or structure, or combination thereof.
(J) The park shall be completely surrounded by a fence, not less than six (6) feet in height, or
a twenty (20) foot wide landscaped lawn area and shrubs shall be installed with the
following exceptions:
(1) Points of ingress and egress from dedicated public streets.
(2) A fifty (50) foot yard shall be provided, landscaped and maintained between the
public street and the park.
(3) If the park adjoins a similar land use the City may modify the setback requirement
along the common boundary.
(K) Trees, shrubs, grass, or other forms of landscaping shall be provided in sufficient quantities
to ensure a residential appearance.
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 362
(L) Off-street parking shall be provided in accordance with the terms of this Title. All
driveways and off-street parking spaces shall be paved.
(M) The layout of the park shall be so designed that it can be coordinated with a residential
neighborhood street system in the event such park is discontinued.
(N) Roads that are three hundred (300) feet or longer are to be stubbed to the perimeter of all
sides of the park. The maximum distance between streets to the perimeter are not to exceed
one thousand (1,000) feet. At least two (2) access roads shall be provided to and from each
trailer park.
(O) Road rights-of-way shall be constructed with a minimum width of at least sixty (60) feet
wide with a five (5) foot wide sidewalk and a five (5) foot wide landscape strip on each
side thereof. All driveways and sidewalks shall be hard-surfaced and driveways shall be
lighted at night with electric lamps of not less than twenty-five (25) lumens, or some equal
light, spaced at intervals of not more than one hundred (100) feet on the roadway.
(P) An electrical outlet supply of at least one hundred-ten (110) volts shall be provided for
each trailer space.
(Q) The owner or operator of a park shall maintain the entire park in a neat and orderly manner.
All common areas and facilities required by this Title shall be maintained in a good state
of repair.
(R) Points of ingress and egress shall be located and designed so as to provide safe and
convenient access to and from the park and to eliminate congestion in the streets.
(S) No more than one manufactured home or mobile home may be placed on a lot.
(Ord. 81, 2/16/2000).
11-11-23: STREET ACCESS. No building permit shall be issued for the construction of any
building or structure upon any lot which does not have frontage upon and access to a dedicated
public street. At least one side of each lot used as a dwelling site shall abut upon a street which
has been deeded or dedicated to the public for street purposes, and the length of such abutting side
shall be at least as great as the width required for dwelling sites in the zone in which such building
site is located.
11-11-24: EXTENDED USE OF RECREATIONAL VEHICLES FOR HUMAN
HABITATION PROHIBITED IN RESIDENTIAL ZONES.
(A) For the purposes of this section, a “Recreational Vehicle” shall mean a vehicle primarily
designed for use as temporary living quarters for recreational, camping, or travel use, which
either has its own motive power or is mounted on or drawn by another vehicle. Such
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 363
vehicles include, but are not limited to travel trailers, camping trailers, truck campers, fifth-
wheel trailers and motor homes.
(1) “Camping trailer” means a vehicular portable unit mounted on wheels and
constructed with collapsible partial side walls which fold for towing by another
vehicle and unfold at the campsite to provide temporary living quarters for
recreational, camping or travel use.
(2) “Fifth wheel trailer” means a vehicular unit, mounted on wheels, designed to
provide temporary living quarters for recreational, camping or travel use, of such
size or weight as not to require special highway movement permit(s), of gross trailer
area not to exceed four hundred (400) square feet in the set- up mode, and designed
to be towed by a motorized vehicle that contains a towing mechanism that is
mounted above or forward of the tow vehicle's rear axle.
(3) “Motor home” means a vehicular unit designed to provide temporary living quarters
for recreational, camping or travel use built on or permanently attached to a self-
propelled motor vehicle chassis or on a chassis cab or van which is an integral part
of the completed vehicle.
(4) “Travel trailer” means a vehicular unit, mounted on wheels, designed to provide
temporary living quarters for recreational, camping or travel use, of such size or
weight as not to require special highway movement permits when towed by a
motorized vehicle, and of gross trailer area less than three hundred twenty (320)
square feet.
(5) “Truck camper” means a portable unit constructed to provide temporary living
quarters for recreational, camping or travel use, consisting of a roof, floor and sides,
designed to be loaded onto and unloaded from the bed of a pickup truck.
(B) It shall be unlawful for any person to use, occupy or permit the use of any Recreational
Vehicle for the purposes of human habitation upon any lot located within a residential zone
within the City for more than thirty (30) days within any period of six (6) consecutive
months.
(C) Notwithstanding the foregoing, upon request by the owner of any lot located within a
residential zone, the City Council may grant or authorize a permit for any person to
undertake such use or occupation for a period of time greater than allowed by subsection
B hereof, provided the applicant can demonstrate exceptional hardship not cause or created
by the applicant or a member of his or her household. Such permit shall be for a finite
period of time or until such hardship ceases to exist, whichever is shorter. The Council
may also impose reasonable conditions upon such permit in order to minimize impact of
the permit upon adjoining property owners.
(Ord. 174-05-13, 8/20/2013).
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 364
11-11-25: PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES
PROHIBITED IN FRONT AND SIDE YARD RESIDENTIAL LOTS.
(A) Definitions. For the purposes of this Section, the following terms shall be defined as
follows:
DRIVEWAY: A regularly traveled way used for parking
and movement of motor vehicles between
a public street and an attached or
unattached garage or carport serving a
main building located upon a Lot, or if
there is no garage or car port, then a paved,
concrete or gravel surface upon a Lot,
which surface is regularly used for parking
of motor vehicles owned or operated by the
occupants of the residence.
INOPERATIVE VEHICLE: Any Motor Vehicle, which in its current
state is not capable of being used as a
means of transportation, whether due to
broken, defective or missing parts,
including missing or flat tires, missing
doors, missing or badly damaged
windshields or broken or defective parts
essential for movement.
LOT: A platted or unplatted parcel of real
property located within a residential zone
within the City.
MOTOR VEHICLE: Every self-propelled device in, upon, or by
which any person or property is or may be
transported or drawn upon a highway. The
term “Motor Vehicle” does not include
Recreational Vehicles, riding lawn
mowers, garden tractors or vehicles moved
solely by human power, electrical personal
assistive mobility devices and motorized
wheel chairs or other such vehicles that are
specifically exempt from titling or
registration requirements under Title 49,
Idaho Code.
OPEN SPACE: Any area on a Lot which is vacant or not
occupied by a residential building or
accessory building.
TITLE 11 IONA CITY CODE
CHAPTER 11 (Revision: February 29, 2024) Page 365
RECREATIONAL
VEHICLE:
Such term shall have the same meaning as
ascribed in section 11-11-24(A) of this
Title.
UNREGISTERED
VEHICLE:
Any Motor Vehicle which is not currently
registered under Title 49, Chapter 4, Idaho
Code or any Motor Vehicle which does not
bear current license plates or decals issued
by the State of Idaho or any other State or
is not currently registered in such other
State.
YARD: An open space on a Lot upon which there
is a principal building or group or
buildings, which space is unoccupied by a
building or structure used for human
habitation or accessory use.
YARD, FRONT: A Yard lying between the front Lot line
and the nearest foundation line of the main
building and extending across the full
width of the Lot.
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 a 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.
YARD, SIDE: A Yard lying between the sides of the main
building and the side line of the Lot and
located between the Front Yard and the
Rear Yard of the Lot.
(B) Storage of Inoperative or Unregistered Motor Vehicles in Front or Side Yards. Except
as set forth below, it shall be unlawful for any person to park, store or allow the parking or
storage of any Inoperative or Unregistered Motor Vehicle i) within the Front Yard of any
Lot, or ii) within any Side Yard facing a public street, unless such vehicle is parked upon
a Driveway.
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CHAPTER 11 (Revision: February 29, 2024) Page 366
(C) It shall also be unlawful for any person to park, store or allow the parking or storage of
more than one (1) Inoperative or Unregistered Motor Vehicle within or upon the Driveway
of any Lot within the City.
(Ord. 178-01-14, 1/21/2014).
11-11-26: PRIVATE ACCESS ROADS.
(A) Notwithstanding the provisions of section 10-1-16(B) of this Code, lots located within any
residential zone may derive access to a public street through a private access road,
commonly referred to as a flag lot, provided it is constructed in accordance with the
provisions of this Section.
(B) All private access roads must comply with the following requirements:
(1) Such access shall not be less than 20 feet in width.
(2) The surface of the access road shall not be less than 20 feet in width throughout the
entire length of such road and shall be comprised of a graveled surface containing
not less than 4 inches of crushed ¾-inch aggregate gravel or a paved surface
comprised of not less than 2 inches of asphalt over 4 inches of ¾-inch crushed
gravel.
(3) The landowner shall construct and post at the entrance of such private access road
to a public street a clearly visible sign containing letters not less than 2 inches in
height, reflecting the street address of the residence accessed by the private access
road. Such sign shall also contain the words “Parking on Private Roadway Not
Allowed.” The landowner shall also keep such sign in a good state of repair.
(4) Private gates shall not be permitted or constructed across such private access road
at any time.
(5) The location and distance of the lot served by such private access road shall comply
with all fire codes and public safety codes, relative to the nearest distance to a fire
hydrant.
(C) The landowner shall at all times keep and maintain the surface of such private access road
in good and passable condition, including keeping the roadway plowed and free of
obstruction from snow and ice. Failure to maintain the road or sign in such condition or
failure to fully comply with the terms and conditions of such permit, shall be deemed an
infraction under this Code.
(Ord. 182-05-14, 8/19/2014); (Ord. 245-09-2020, 9/15/2020).
TITLE 11 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 367
CHAPTER 12 Off-Street Parking and Loading Facilities
SECTION:
11-12-1: General Requirements
11-12-2: Standards
11-12-3: Off-Street Parking Design and Dimensional Tables
11-12-4: Parking Space Requirements
11-12-1: GENERAL REQUIREMENTS.
(A) No building or structure shall be erected, substantially altered or its use changed unless
permanently maintained off-street parking and loading spaces have been provided in
accordance with the provisions of this Title.
(B) The provisions of this Chapter shall not apply to any existing building or structure unless
and until there is a change of use, substantial alteration or addition, or an enlargement of a
current use.
(C) Whenever a building or structure constructed after the effective date of this Title is changed
or enlarged in floor area, number of employees, number of dwelling units, seating capacity
or otherwise, to create a need for an increase in the number of existing parking spaces,
additional parking spaces shall be provided on the basis of the enlargement or change.
Whenever a building or structure existing prior to the effective date of this Title is enlarged
to the extent of 50% or more in floor area, number of employees, number of housing units,
seating capacity or otherwise, said building or structure shall then and thereafter comply
with the full parking requirements set forth herein.
(Ord. 246-09-20, 9/15/2020).
11-12-2: STANDARDS.
(A) Location of Parking Spaces. Unless otherwise allowed by the City, the following
regulations shall govern the location of off-street parking spaces and areas:
(1) Parking spaces for all detached residential uses shall be located on the same lot as
the use which they are intended to serve.
(2) Parking spaces for commercial, industrial or institutional use shall be located not
more than 500 feet from the principal use.
TITLE 11 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 368
(3) Parking spaces for apartments, dormitories or similar residential uses shall be
located not more than 300 feet from the principal use.
(B) Loading Space Requirements and Dimensions. Off-street loading spaces for
commercial uses shall be provided as set forth in Section 11-12-4 of this Chapter.
(C) Maintenance. The owner of property used for parking and/or loading shall maintain such
area in good condition without holes and free of dust, trash and other debris.
(D) Surface. The required number of parking and loading spaces as set forth in section 11-12-
4 below, together with driveways, aisles and other traffic circulation areas, and shall be
improved to a standard equal to or better than the surface of the public street it adjoins,
unless otherwise approved by the City.
(E) Drainage. All parking and loading areas shall provide for proper on-site drainage of
surface water as approved by the City.
(F) Lighting. Any parking area, either located in a commercial zone or used in a commercial
manner, that is intended to be used during night-time hours shall be properly directed to
avoid glare into on-coming vehicular traffic. Any lights used to illuminate a parking lot
shall be so arranged as to reflect light away from the adjoining property.
(G) Access. Any commercial or industrial parking area shall be designed in such a manner that
any vehicle leaving or entering the parking area from or onto a public or private street shall
travel in a forward motion. Access driveways for parking areas or loading spaces shall be
located in such a way that any vehicle entering or leaving such area shall be clearly visible
by a pedestrian or motorist approaching the access or driveway from a public or private
street.
(H) Striping and Paving. All parking areas, either located in a commercial zone or used in a
commercial manner, with a capacity over 20 vehicles shall be paved and striped between
parking stalls to facilitate the movement into and out of the parking stalls.
(I) Screening and/or Landscaping. Whenever a parking area is screened on any side that
adjoins or faces other properties, the screen shall be maintained in good condition and shall
be not less than four feet nor more than six feet in height, unless the screen is made up of
trees in accordance with Chapter 4 of Title 8 of this Code, provided that in no event shall
any screening obstruct the view around corners of any road, street, alley, or ingress/egress
to a parking area. The space between such fence, wall or planting screen and the lot line
of the adjoining premises in any residential district shall be landscaped with grass, hardy
shrubs, or evergreen ground cover, and maintained in good condition.
(J) Wheel Blocks. Whenever a parking lot extends to a property line, wheel blocks or other
suitable devices shall be installed to prevent any part of a parked vehicle from extending
beyond the property line.
(K) Minimum Distance Setbacks. No part of any parking area, either located in a commercial
zone or used in a commercial manner, for more than ten vehicles shall be closer than twenty
TITLE 11 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 369
feet to any dwelling unit, school, hospital or other institution for human care located on an
adjoining lot, unless such parking area is separated by an acceptably designed screen. In
no case shall any part of a parking area be closer than four feet to any established street or
alley right-of-way.
(L) Vehicles.
(1) No person shall park or allow to be parked any inoperable motor vehicle or vehicle
not having a current registration upon a public street for a period of more than
72 consecutive hours at the same location.
(2) For the purposes of this subsection, the following terms shall have the meanings
ascribed below.
(a) The term “motor vehicle” shall mean every vehicle which is self-propelled
and is or may be operated upon a public highway. Motor vehicle does not
include vehicles moved solely by human power, electric personal assistive
mobility devices and motorized wheelchairs or other such vehicles that are
specifically exempt from titling or registration requirements under title 49,
Idaho Code.
(b) The term “vehicle” shall mean every device in, upon, or by which any
person or property is or may be transported or drawn upon a highway,
excepting devices used exclusively upon stationary rails or tracks.
(M) Joint Use. Two or more non-residential uses may jointly provide and use parking spaces
when their hours of operation do not normally overlap, provided a written agreement
provided for such joint use, is filed with the application for a building permit.
(Ord. 152-05-10, 9/21/2010); (Ord. 246-09-20, 9/15/2020).
11-12-3: OFF-STREET PARKING DESIGN AND DIMENSIONAL TABLES. All
parking spaces shall comply with the following dimensions:
45º 60º 90º Parallel
A Width of Parking Space 13’ 10’ 9’ 9’
B Length of Parking Space 15’ 18’ 19’ 23’
C Width of Driveway Aisle 13’ 17’ 25’ 12’
TITLE 11 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 370
11-12-4: PARKING SPACE REQUIREMENTS. For the purposes of this Chapter the
following parking space requirements shall apply:
TYPE OF USE PARKING SPACES REQUIRED
Residential
1. Single family or two (2)
family dwelling
Two (2) for each unit
2. Apartments, or multi-
family dwelling
Two (2) for each unit
3. Boarding houses and
rooming houses
One (1) for each sleeping room
and one(1) for each permanent
occupant
4. Manufactured home park Two (2) for each unit
Commercial
1. Automobile service garages
which also provide repair
One (1) for each two (2)
gasoline pumps and two (2) for
each service bay
2. Hotels, motels One (1) for each sleeping room
and one (1) for each two (2)
employees
3. Funeral parlors, mortuaries
and similar uses
One (1) for each four (4) person
capacity in the viewing and
chapel areas
4. Dining rooms, restaurants,
taverns, night clubs, etc.
One (1) for each two hundred
(200) sq. ft. of floor area
5. Bowling alleys Four (4) for each alley or for
each one hundred (100) sq. ft. of
the area used for restaurant,
cocktail lounge or similar use
6. Dance floors, skating rinks One (1) for each one hundred
(100) sq. ft. of floor area used
for the activity
TITLE 11 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 371
TYPE OF USE PARKING SPACES REQUIRED
7. Outdoor swimming pools,
public or community or
club
One (1) for each five (5) persons
capacity plus one (1) for each
four (4) seats or one (1) for each
thirty (30) sq. ft. floor area used
for seating purposes, whichever
is greater
8. Auditoriums, sports arenas,
theaters and similar uses
One (1) for each four (4) seats
9. Retail stores One (1) for each two hundred
and fifty (250) sq. ft. floor area
10. Banks, financial
institutions
One (1) for each two hundred
(200) sq. ft. similar uses of floor
area
11. Offices, public or
professional administration
service building
One (1) for each four hundred
(400) sq. ft. of floor area
12. All other types of business
or commercial uses
permitted in any business
district
One (1) for each three hundred
(300) sq. ft. of floor area
Institutional
1. Churches or other places of
religious assembly
One (1) for each five (5) seats
2. Hospitals One (1) for each bed
3. Sanitariums, homes for the
aged, nursing homes,
children homes, asylums
and similar
One (1) for each two (2) beds
4. Medical and dental clinics
uses room office and
waiting rooms
One (1) for every two hundred
(200) sq. ft. floor area
5. Libraries, museums and art
galleries
One (1) for each four hundred
(400) sq. ft. floor area
Schools (Public, Parochial or Private)
TITLE 11 IONA CITY CODE
CHAPTER 12 (Revision: February 29, 2024) Page 372
TYPE OF USE PARKING SPACES REQUIRED
1. Elementary and Junior
High schools
Two (2) for each classroom and
one (1) for every eight (8) seats
in auditorium or assembly halls
2. High Schools One (1) for every ten (10)
students and one (1) for each
teacher and employee
3. Business, technical and
trade schools
One (1) for each two (2) students
4. College, universities One (1) for each four (4)
students
5. Kindergartens, child care
center
Two (2) for each classroom, but
not less nursery schools and
similar use than six (6) for the
building
Manufacturing
1. All types of manufacturing
storage
One (1) for every two (2)
employees (except, parcel
delivery and freight for which
the building is terminal
designed) plus one (1) for each
motor vehicle used in the
business
Other Uses As required by the City Council
TITLE 11 IONA CITY CODE
CHAPTER 13 (Revision: February 29, 2024) Page 373
CHAPTER 13 Comprehensive Plan and Zoning Map
SECTION:
11-13-1: Comprehensive Plan and Zoning Ordinance Changes
11-13-2: Official Zoning Map
11-13-1: COMPREHENSIVE PLAN AND ZONING ORDINANCE CHANGES. Prior
to annexation of an unincorporated area, the City Council shall amend the Comprehensive Plan
and Zoning Map for the unincorporated area. The Council shall follow the notice and hearing
procedures provided in section 67-6509, Idaho Code.
11-13-2: OFFICIAL ZONING MAP. The Zoning Map on file in the office of the City
Clerk is hereby adopted as the official Zoning Map of the City of Iona. The City Clerk shall ensure
the map accurately reflects all zone boundaries within the City at all times.
TITLE 11 IONA CITY CODE
CHAPTER 14 (Revision: February 29, 2024) Page 374
CHAPTER 14 Variances
SECTION:
11-14-1: Administrative Procedures
11-14-2: Applications for Variances
11-14-3: Consideration by the Planning and Zoning Commission
11-14-4: Hearing Before City Council
11-14-1: ADMINISTRATIVE PROCEDURES. Upon receipt of an application for a
variance, the City Clerk shall forward the application to the Planning and Zoning Commission and
the City Council; cause the consideration of such application to be placed on the agenda of the
Planning and Zoning Commission’s next meeting that is at least twenty-five days after the date of
submission, unless otherwise requested by the applicant; cause the consideration of and public
hearing regarding such application to be placed on the agenda of the City Council’s next meeting
after the meeting at which the Planning and Zoning Commission will consider such application;
cause arrangements to be made to provide notice, in the manner required by law, of the meeting
relating to the consideration of such application before the Planning and Zoning Commission; and
cause arrangements to be made to provide notice, in the manner required by law, of the public
hearing relating to the consideration of such application before the City Council. All applications
must be signed by all property owners in question. All applications for a variance shall include
therein the names and mailing address of all property owners located within 300 feet of the
property for which the variance is requested.
(Ord. 119, 3/27/2007); (Ord. 248-12-20; 12/15/2020).
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).
TITLE 11 IONA CITY CODE
CHAPTER 14 (Revision: February 29, 2024) Page 375
(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.
(Ord. 119, 3/27/2007); (Ord. 292-08-23, 8/15/2023).
11-14-3: CONSIDERATION BY THE PLANNING AND ZONING COMMISSION.
At the meeting at which the Planning and Zoning Commission considers the application for a
variance, the Planning and Zoning Commission shall review the application to determine its
compliance with the Zoning Map; the Comprehensive Plan of the City; this Chapter 11 of the Iona
City Code; and all applicable federal, state, or local laws. The person submitting the application
may (but is not required to) address the Planning and Zoning Commission to present additional
evidence, answer questions from the Planning and Zoning Commission members, or make any
other statement relevant to the application under consideration. The Planning and Zoning
Commission may (but is not required to) allow interested persons to address the Planning and
Zoning Commission in relation to the application under consideration. The Commission shall
prepare a written recommendation on such application and cause its written recommendation to be
forwarded to the City Council before the meeting at which the City Council considers the
application. If the Commission recommends denial of the variance, the Commission shall specify
in writing the reasons why the variance was recommended for denial.
(Ord. 119, 3/27/2007); (Ord. 248-12-20; 12/15/2020).
11-14-4: HEARING BEFORE CITY COUNCIL. Upon receipt of the written
recommendation from the Planning and Zoning Commission, the City Clerk shall notify the Mayor
of such recommendation and shall schedule a public hearing before the City Council for
consideration of the variance application. The City Clerk shall also cause a notification to be
published in the official newspaper in accordance with the provisions set forth in Title 67 of the
Idaho Code. The City Clerk shall also cause a written notice to be mailed to all property owners
located within three hundred (300) feet of the boundaries of the property for which the application
for a variance is requested. At the public hearing, the City Council shall afford the applicant an
opportunity to present testimony and evidence of the reasons why the application should be granted
and shall afford all other interested persons an opportunity to present testimony and evidence at
TITLE 11 IONA CITY CODE
CHAPTER 14 (Revision: February 29, 2024) Page 376
the hearing regarding the variance. At the conclusion of the hearing, the City Council shall grant
or deny the variance or take the matter under consideration for determination at a later date. At
the time the Council grants or denies the variance it shall set forth its decision in writing, setting
forth the facts upon which it bases its decision and the reasons why the variance is granted or
denied.
(Ord. 119, 3/27/2007).
TITLE 11 IONA CITY CODE
CHAPTER 15 (Revision: February 29, 2024) Page 377
CHAPTER 15 Enforcement and Administration
SECTION:
11-15-1: Office of Zoning Administrator and Building Official
11-15-2: Application and Plans Required
11-15-3: Building Permits Required
11-15-4: Powers and Duties of the Enforcing Officers
11-15-5: Permits to Comply with Ordinance
11-15-6: Certificate of Occupancy
11-15-7: Construction and Use to be Stated in Applications, Plans, Permits and Certificates
of Occupancy
11-15-8: Establishment of Planning and Zoning Commission
11-15-9: Organization of Planning and Zoning Commission
11-15-10: Rules, Records and Meetings
11-15-11: Expenditures
11-15-12: Duties of Planning and Zoning Commission
11-15-13: Conflict of Interests
11-15-1: OFFICE OF ZONING ADMINISTRATOR AND BUILDING OFFICIAL.
The Mayor may, with the advice and consent of the City Council appoint a Zoning Administrator
to enforce and administer the provisions of this chapter. The Zoning Administrator may also be
the chairperson of the Planning and Zoning Commission. The Mayor may in a similar fashion
appoint a Building Official. The Building Official shall report to and be supervised on a day to
day basis by the Zoning Administrator and shall be the officer charged with the administration and
enforcement of this Zoning Ordinance, the Subdivision Ordinance, and with the administration
and enforcement of the Building Codes. Unless otherwise specified, the Mayor, with the advice
and consent of the City Council may from time to time entrust the administration and enforcement
of these Ordinances, in whole or in part, to any other officer of the City.
(Ord. 118, 2/20/2007).
TITLE 11 IONA CITY CODE
CHAPTER 15 (Revision: February 29, 2024) Page 378
11-15-2: APPLICATION AND PLANS REQUIRED. Any person, firm or corporation
desiring to construct a building in the City, shall first apply for a permit by making application
therefor to the Building Official. All applications for building permits shall be accompanied by a
plot plan showing the size and location of the existing buildings and parking, landscaping,
vehicular access, buildings to be erected and such other items as may be required by the Zoning
Administrator. The plot plan shall also show the zone in which a lot or parcel of land is located.
(Ord. 118, 2/2/2007).
11-15-3: BUILDING PERMITS REQUIRED. It shall be unlawful to erect, construct,
move or structurally alter any building or structure, or any part thereof, until after a written permit
to do so has been issued by the Building Official.
(Ord. 118, 2/2/2007).
11-15-4: POWERS AND DUTIES OF THE ENFORCING OFFICERS. It shall be the
duty of the Zoning Administrator and/or Building Official or other designated official to inspect
or cause to be inspected all buildings in the course of construction or repair. He/She shall enforce
all provisions of this Ordinance and shall refer all violations to the City Prosecutor, entering actions
in the courts when necessary, but his/her failure to do so shall not legalize any violation of such
provisions, nor shall the failure of the City Prosecutor to enter actions in the courts shall not
legalize any violation of such provisions.
(Ord. 118, 2/2/2007).
11-15-5: PERMITS TO COMPLY WITH ORDINANCE. From and after the effective
date of this Ordinance, neither the Zoning Administrator nor the Building Official shall grant a
permit for the construction of any building or structure, or for the moving of a building or structure
onto a lot, or for the change in any use of land, building structure if such construction, alteration,
moving or change in use would be in violation of any of the provisions of this Title, nor shall any
other officer of the City grant any permit or license for the use of any building or land if such
would be in violation of this Code.
(Ord. 118, 2/2/2007).
11-15-6: CERTIFICATE OF OCCUPANCY. It shall be unlawful to use or permit the use
of any building or premises or part thereof hereafter created, erected, altered, changed, or converted
wholly or partly in its use or structure until a Certificate of Occupancy to the effect that the building
or premises or the part thereof so created, erected, altered, changed or converted and the proposed
use thereof conforms to the provisions of this Code shall have been issued by the Building Official.
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CHAPTER 15 (Revision: February 29, 2024) Page 379
It shall be the duty of the Building Official to issue a Certificate of Occupancy within ten (10) days
after a request for same shall have been filed in his office by any owner of a building or premises
affected by this Title, provided said building or premises or the part thereof so created, erected,
altered, changed or converted and the proposed use thereof conform with all the requirements
herein set forth.
(Ord. 118, 2/2/2007).
11-15-7: CONSTRUCTION AND USE TO BE STATED IN APPLICATIONS,
PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY. Building permits or
Certificates of Occupancy issued on the basis of plans and applications approved by the Building
Official authorizes only the use, arrangement, and construction set forth in such approved plans
and applications, and no other use, arrangements, or construction. Any use, arrangement, or
construction at variance with that authorized shall be deemed a violation of this Chapter, and
punishable as provided herein.
(Ord. 118, 2/2/2007).
11-15-8: ESTABLISHMENT OF PLANNING AND ZONING COMMISSION. The
Iona Planning and Zoning Commission is hereby established and shall be comprised of five (5)
voting members, at least one of whom resides within the Area of Impact. All members of the
Commission shall be appointed by the Mayor and confirmed by majority of the City Council. Each
member of the Commission must have resided in Bonneville County for a period of at least two
(2) years prior to the date of his or her appointment and must remain a resident of either the City
or the Area of Impact throughout his or her service on the Commission. The term of office for the
members of the Commission shall be for a period of three (3) years, provided that the initial
appointment of one of the members shall be for a period of one (1) year and two (2) of the members
shall be for a period of two (2) years. No person shall serve on the Commission for more than two
(2) full consecutive terms without specific concurrence by a vote of at least three (3) members of
the City Council, which votes shall be recorded in the minutes. Vacancies in the term of any
member shall be filled in the same manner as the original appointment. Members of the
Commission may be removed for cause by a majority vote of the City Council. Members of the
Commission shall be selected without respect to political affiliation. In appointing such members,
the Mayor and City Council shall consider the various areas and interests within the City and
ensure that the same are broadly represented on the Commission.
(Ord. 118, 2/2/2007); (Ord. 199-10-15, 10/20/2015); (Ord. 218-03-18, 3/20/2018).
11-15-9: ORGANIZATION OF PLANNING AND ZONING COMMISSION. By
appointment by the Mayor and City Council, the Commission shall elect a chairperson and a
secretary. The Commission may also establish subcommittees, advisory committees, or
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CHAPTER 15 (Revision: February 29, 2024) Page 380
neighborhood groups to assist and advise in carrying out its responsibilities under this chapter.
The Commission may also appoint non-voting ex officio advisors as deemed necessary.
(Ord. 118, 2/2/2007).
11-15-10: RULES, RECORDS AND MEETINGS. The Planning and Zoning Commission
shall adopt written bylaws consistent with the provisions of this chapter and the Idaho Local Land
Use Planning Act. The Commission shall provide for the taking of minutes of all meetings,
hearings and for the maintaining of a record of all the resolutions, studies, findings, permits and
actions taken by the Commission. All meetings and records shall be open to the public. The
Commission shall conduct at least one (1) meeting per month for not less than nine (9) months in
a calendar year. A majority of the voting members of the Commission shall constitute a quorum.
(Ord. 118, 2/2/2007).
11-15-11: EXPENDITURES. Subject to the budgetary process adopted and approved by the
Mayor and City Council, the Planning and Zoning Commission may expend funds and purchase
goods and services and contract for professional services, all as necessary to undertake and fulfill
its purposes and duties under the provisions of this chapter. Without limiting the foregoing, the
Commission may hire or contract for the services of professional planners, engineers, architects or
legal assistance.
(Ord. 118, 2/2/2007).
11-15-12: DUTIES OF THE PLANNING AND ZONING COMMISSION. The Planning
and Zoning Commission shall have the following duties:
(A) To hear and consider and make recommendations to the City Council regarding
applications for variances, conditional use permits, zoning requests, PUD’s or other
permits as expressly allowed under the provisions of this chapter.
(B) To advise and make recommendations to the City Council with respect to the adoption of
a comprehensive plan, zoning ordinance, area of impact and amendments thereto, all in
accordance with the notice and hearing procedures set forth in the Idaho Local Land Use
Planning Act.
(C) To consider and make recommendations to the City Council regarding the annexation of
property into the City and to further make recommendations concerning the zoning and
rezoning thereof.
(D) To consider and make recommendations to the City Council regarding amendments to the
subdivision ordinance, and to conduct hearings when expressly required by the subdivision
ordinance.
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CHAPTER 15 (Revision: February 29, 2024) Page 381
(E) To undertake and perform such other duties as may be expressly set forth in other
provisions of this chapter.
(F) Make recommendations to the City Council concerning the comprehensive plan, planning
process or implementation of the comprehensive plan.
(G) Conduct citizen hearings, meetings, surveys or obtain advice regarding the comprehensive
planning process, comprehensive plan and its implementation. The Commission may also
conduct informational meetings and consult with public officials and agencies, public
utilities and civic, educational, professional or other organizations.
(H) The Planning and Zoning Commission shall have the duty of conducting a comprehensive
planning process designed to prepare, implement and review and update the
Comprehensive Plan, all as provided in accordance with Idaho Code § 67-6508. The
adoption, amendment and/or repeal of the plan shall be consistent with the provisions of
Idaho Code § 67-6509.
(I) Appoint a hearing examiner, including a professionally trained or licensed planner,
engineer or architect for the purpose of conducting hearing applications for subdivision,
special use and variance permits and requests for zoning district boundary changes, all as
provided under Idaho Code § 67-6520.
(Ord. 118, 2/2/2007).
11-15-13: CONFLICT OF INTERESTS. No member of the Commission shall participate
in any proceeding or action when he or she or his or her employer, business partner, business
associate or any person related to him or her by affinity or consanguinity within the second degree
has an economic interest in the proceeding or proposed action. Any actual or potential interest in
said proceeding shall be disclosed at or before the meeting in which the action is being heard or
considered. No member of the Commission shall participate in any deliberation or in any aspect
of the decision-making process if he or she has a conflict of interest as provided under Idaho Code
§ 67-6506.
(Ord. 118, 2/2/2007).