This code was last updated by ordinance 418-05 passed May 11, 2005.
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This code is provided for informational purposes only. The formatting of this document varies from the official hard copy of the code. In the case of any discrepancy between this version and the official hard copy, the official hard copy will prevail. This web version of the code may not reflect all of, or the most current, legislation passed by the municipality.
The Ashton city code, originally published by Book Publishing Company, has been kept current by regular supplementation. In 2004, Sterling Codifiers, Inc., began providing supplement service for the city code.
This city code of the city of Ashton, as supplemented, contains ordinances up to and including ordinance 418-05, passed May 11, 2005. Ordinances of the city adopted after said ordinance supersede the provisions of this city code to the extent that they are in conflict or inconsistent therewith. Consult the city office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed.
There is hereby adopted the "Ashton municipal code", as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 369 § 1, 1994)
This code shall be known as the ASHTON MUNICIPAL CODE and it shall be sufficient to refer to said code as the "Ashton municipal code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Ashton municipal code". References may be made to the titles, chapters, sections and subsections of the "Ashton municipal code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. (Ord. 369 § 2, 1994)
Whenever a reference is made to this code as the "Ashton municipal code" or to any portion thereof, or to any ordinance of the city/town of Ashton, Idaho, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 369 § 3, 1994)
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 369 § 4, 1994)
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 369 § 5, 1994)
The last ordinance included in this code was ordinance 368, passed December 14, 1993.
The following ordinances, passed subsequent to ordinance 368, but prior to adoption of this code, are hereby adopted and made a part of this code: None. (Ord. 369 § 6, 1994)
The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 369 § 7, 1994)
The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 369 § 7, 1994)
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 369 § 8, 1994)
References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this code. (Ord. 369 § 9, 1994)
The following words and phrases, whenever used in the ordinances of the city of Ashton, Idaho, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
CITY AND TOWN: The city of Ashton, Idaho, or the area within the territorial limits of the city of Ashton, Idaho, and such territory outside Ashton, over which the city of Ashton has jurisdiction or control by virtue of any constitutional or statutory provision.
COUNCIL: The city council of the city of Ashton, Idaho. "All its members" or "all council members" means the total number of council members holding office.
COUNTY: The county of Fremont.
LAW: Denotes applicable federal law, the constitution and statutes of the state of Idaho, the ordinances of the city of Ashton, Idaho, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
MAY: Is permissive.
MONTH: A calendar month.
MUST AND SHALL: Are each mandatory.
OATH: Means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
OWNER: Applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.
PERSON: Includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee or any of them.
PERSONAL PROPERTY: Includes money, goods, chattels, things in action and evidences of debt.
PRECEDING AND FOLLOWING: Next before and next after, respectively.
PROPERTY: Includes real and personal property.
REAL PROPERTY: Includes lands, tenements and hereditaments.
SIDEWALK: That portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
STATE: The state of Idaho.
STREET: Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENANT AND OCCUPANT: Applied to a building or land, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.
WRITTEN: Includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.
YEAR: A calendar year. (Ord. 357 § 1, 1993)
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Ashton, Idaho. (Ord. 357 § 2, 1993)
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 357 § 3, 1993)
The following grammatical rules shall apply in the ordinances of the city of Ashton, Idaho, unless it is apparent from the context that a different construction is intended:
A. Gender: Each gender includes the masculine, feminine and neuter genders.
B. Singular And Plural: The singular number includes the plural and the plural includes the singular.
C. Tenses: Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 357 § 4, 1993)
When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 357 § 5, 1993)
Whenever in the ordinances of the city of Ashton, Idaho, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 357 § 6, 1993)
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 357 § 7, 1993)
The provisions of the ordinances of the city of Ashton, Idaho, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 357 § 8, 1993)
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 357 § 9, 1993)
Pursuant to Idaho Code section 50-213, the "Standard Journal", a newspaper printed and published in the county of Madison, state of Idaho, is hereby designated the official newspaper of the city of Ashton, and such ordinances, notices and publications as are required by law to be given publication in a newspaper shall be published in said "Standard Journal". (Ord. 403-03 § 2, 2003)
Whenever any officer or employee of the city is otherwise authorized by law to enter any building or premises for the purpose of making an inspection to enforce any ordinance, he may enter such building or premises at all reasonable times to inspect the same; provided, that he shall effect entry in the manner provided in section 1.12.020 of this chapter, except in emergency situations, or when consent of the person having charge or control of such building or premises has been otherwise obtained. (Ord. 359 § 1, 1993)
If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If consent to such entry is not given, the authorized officer or employee shall have recourse to every remedy provided by law to secure entry. (Ord. 359 § 2, 1993)
A. The ordinance codified in this chapter shall be controlling over any other ordinance or part of an ordinance on the same subject, whether heretofore or hereafter adopted, unless such ordinance or part of an ordinance provides differently by an express reference to this ordinance.
B. Notwithstanding any other ordinance of this city, whether heretofore or hereafter adopted, it shall not be a violation of any ordinance to refuse or fail to consent to an entry for inspection. (Ord. 359 § 3, 1993)
A. Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of any ordinance of the city of Ashton, Idaho, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under this code shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. 360 § 1, 1993)
Each of the appointed officials of the city shall execute a good and sufficient bond to the city in a surety company in the following amounts:
A. City treasurer: Twenty thousand dollars ($20,000.00);
B. City clerk: One thousand dollars ($1,000.00);
C. City attorney: One thousand dollars ($1,000.00);
D. All other appointed officials: One thousand dollars ($1,000.00). (Ord. dated 1-18-1968)
Commencing January 1, 2000, the salaries of the mayor and of the members of the Ashton city council shall be as follows:
A. The mayor of Ashton shall receive an annual salary in the sum of six thousand dollars ($6,000.00).
B. Each member of the council shall receive an annual salary in the sum of one thousand five hundred dollars ($1,500.00). (Ord. 405-03 § 1, 2003; Ord. 404-03 § 1, 2003; Ord. 388 § 1, 1999; Ord. 342 § 1, 1991)
It is hereby established that regular monthly city council meetings shall take place on the second Wednesday of each month, beginning at seven o'clock (7:00) P.M., in the council chambers of the city building. (Ord. 2001-04 § 1, 2001)
Pursuant to section 19-5110 of chapter 51, Idaho Code, the city of Ashton, Fremont County, Idaho while receiving aid from the law enforcement planning commission pursuant to said chapter 51, will adhere to the standards for employment training established by the Idaho peace officer's standards and training advisory council. (Ord. 232, 1973)
Pursuant to Idaho Code section 50-1013, the following banking and governmental facilities are designated the official depositories of the city of Ashton, county of Fremont, state of Idaho:
A. Key Bank of Idaho, Ashton, Idaho Branch;
B. First Security Bank of Idaho, St. Anthony, Idaho Branch; and
C. The office of the state treasurer, state of Idaho. (Ord. 347 § 2, 1992)
The city treasurer is ordered, required and directed to keep monies belonging to the city, or in the care of the city treasurer, in the above named depositories; provided, however, that when so authorized by the mayor and council, city funds may be invested by the treasurer in securities otherwise authorized by law. (Ord. 347 § 2, 1992)
There shall be and is created in the city a special fund known and designated as local improvement guarantee fund of the city. (1994 Code; Ord. 160 § 1, 1956)
Said fund is created for the purpose of guaranteeing to the extent of said fund the payment of bonds and warrants, and interest thereon, hereafter issued against any local improvement district in the city for the payment of local improvements therein. (1994 Code; Ord. 160 § 2, 1956)
In order to provide money for said fund for the use and the purposes of said fund, the city shall levy an annual tax not to exceed one mill per year, beginning with the year 1957, which is due and collectible in the year 1957, on all of the taxable property in the city; provided, however, that the city may reduce the amount of said levy if the city appropriates from other proper courses, as may be determined by the city, any sum to the extent of the fund; and provided, further, that the total sum so levied or appropriated in any year shall not be more than sufficient to pay the outstanding warrants on said fund and to establish therein a balance, which combined levy and appropriations in any one year shall not exceed five percent (5%) of the outstanding obligations thereby guaranteed; and provided, further, that the city shall not levy any tax as provided in this chapter when the amount of monies in the local improvement guarantee fund equals ten percent (10%) of the total outstanding obligations to be guaranteed. The tax levies authorized in this chapter and directed shall be additional to and if need be in excess of any and all statutory limitations. (1994 Code; Ord. 160 § 3, 1956)
Hereafter when any bond, warrant or coupon drawn against any local improvement fund is presented to the city for payment and there is not sufficient amount in said local improvement fund against which to draw to pay the same, unless otherwise requested by the holder, payment therefor shall be made by warrant drawn against the local improvement guarantee fund. Such warrants when presented to the city treasurer for payment, if not paid, shall be registered and shall draw interest at a rate not to exceed six percent (6%) per annum, as may be fixed by the city council. Neither the holder nor the owner of any bond or warrant issued under the provisions of this chapter shall have any claim therefor except for the payment from the special assessment made for the improvement for which said bond or warrant was issued, and except as against the local improvement guarantee fund provided in this chapter. The city shall not be liable to any holder or owner of said bond or warrant for any loss to any guarantee fund occurring in the lawful operation thereof by the city. (1994 Code; Ord. 160 § 4, 1956)
Whenever there shall be paid out of the local improvement guarantee fund any sum on account of principal or interest of a local improvement bond or warrant, the city, as trustee for the fund, shall be subrogated to all of the rights of the holders or owners of the bonds or warrants for interest coupons or warrants so paid, and the policies thereof, or the assessment underlying the same, shall become part of the guarantee fund. There shall be paid into the guarantee fund any surplus remaining in any local improvement fund after the payment of all outstanding bonds or warrants, payable out of such local improvement fund. Bonds or warrants guaranteed by such fund shall have no preference except in the order or presentation for payment. (1994 Code; Ord. 160 § 5, 1956)
Hereafter, all monies derived from the assignment of delinquent certificates, redemptions, sale of property under foreclosure for delinquent local improvement assessments or from the rent or sale of property, title to which has been obtained by the city pursuant to chapter 17, title 50 Idaho Code, and the terms of this chapter, and all other laws amendatory thereof and supplemental thereto, shall be paid into the local improvement guarantee fund, and all delinquency certificates issued and such property acquired shall be held by the city for the benefit of such guarantee fund. Money from the guarantee fund may be used to redeem property subject to local improvement assessments from general tax delinquencies, underlying bonds or warrants guaranteed by the fund, or to purchase such property at county tax sales, or otherwise, from the county for the purpose of protecting the guarantee fund. After so acquiring title to real property, the city may lease or sell and convey the same for such price and on such terms as may be determined by the city council, and any provision of law or ordinance to the contrary notwithstanding, and all proceeds resulting therefrom shall belong to and be paid into the guarantee fund; provided, however, that in any event the city purchases such property at tax sale, or otherwise, it shall not be sold for a lesser sum than the city paid therefor. (1994 Code; Ord. 160 § 6, 1956)
Whenever there is not a sufficient cash balance in said local improvement guarantee fund at any time to pay any and all warrants, together with interest thereon, drawn against said fund, the city council may replenish said local improvement guarantee fund by transferring or appropriating to it, monies from the general fund of the city or other available sources as may be determined by the city council, subject, however, to the limitations prescribed in this chapter. Warrants drawing interest as provided in this chapter may be issued against said local improvement guarantee fund to meet any financial liability against it; but at the time of making its next annual tax levy, the city shall provide for the levy of a sum sufficient with other resources of the guarantee fund to pay warrants so issued and outstanding, the tax for this purpose not to exceed one mill in any one year. (1994 Code; Ord. 160 § 7, 1956)
The holder or owner of any local improvement bond or warrant shall have no claim thereon against the city, except to the extent of the funds created and received by assessments against the property within any local improvement district and to the extent of his pro rata share of the local improvement guarantee fund authorized and created under the provisions of this chapter. (1994 Code; Ord. 160 § 8, 1956)
At such time, and not before, when all bonds and coupons of all existing local improvement districts for Ashton shall have been paid in full, the amounts and all property rights of said local improvement guarantee fund shall revert to the general fund of the city, and said local improvement guarantee fund shall terminate and become nonexistent at said time. (1994 Code; Ord. 160 § 9, 1956)
A. There is adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the city, the laws of the state of Idaho being particularly title 23, Idaho Code, as presently in effect or as may hereafter be amended by the legislature and as contained in that certain volume "Idaho Liquor And Beer Laws", revised through the acts of the 1969 legislature, published by authority of the department of law enforcement, liquor law division, as it currently exists, and as any amendments thereto are made. And the same are adopted and incorporated as an ordinance of the city as fully as though set forth at length in this chapter.
B. Three (3) copies of the Idaho liquor and beer laws, together with all amendments thereto, all duly certified by the city clerk, shall be kept on file in the office of the city clerk for use and examination of and by the public. (Ord. 361, 1993; Ord. 218 §§ 1, 2, 1970)
The words "beer", "person", "retailer" and "package" as used in this chapter shall be construed in accordance with their meaning and definition as set out in 23-1001, Idaho Code. (Ord. 172 § 1, 1962)
It is unlawful for any person to sell, dispose of, or possess for the purpose of sale any beer within the corporate limits of the city of Ashton, Idaho, without having obtained a license from the city council of said city as provided in this chapter. (1994 Code; Ord. 172 § 2, 1962)
Annual fees for the sale of beer and wine in the city of Ashton, Idaho are as follows:
A. Retail wine by the drink: One hundred dollars ($100.00);
B. Retail sale of wine to be consumed off the premises in the original container: Fifty dollars ($50.00);
C. Retail draught beer, canned beer or bottled beer sold to consumer to be consumed on the premises: Two hundred dollars ($200.00);
D. Retail canned beer or bottled beer sold to consumer to be consumed on the premises: One hundred fifty dollars ($150.00);
E. Retail canned beer or bottled beer sold not to be consumed on the premises where sold: Fifty dollars ($50.00). (Ord. 302, 1981)
A. All licenses shall be granted by the mayor and council for a period of one year beginning January 1 and ending December 31. A full year's license fee shall be collected after January 1. The city council shall grant or deny the application within thirty (30) days of the time it is filed with the city clerk. Prior to any revocation or suspension the licenses shall be afforded a hearing according to section 23-1016 Idaho Code. Whenever the mayor and city council deny an application, they shall specify in writing:
1. The statutes, ordinances and standards used in evaluating the application;
2. The reason for the denial; and
3. The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof. (Ord. 318 § 1, 1983)
In all cases where the city council is considering applications for licenses, transfers or renewals thereof, a transcribable verbatim record of the proceeding shall be made. If the applicant for a license, transfer or renewal is denied, a transcribable, verbatim record of the proceedings shall be kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his own expense. The city council shall also provide for the keeping of the minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law. (Ord. 318 § 1, 1983)
No license shall be granted hereunder until there has been an investigation by the police department of all applicants hereunder. After investigation the applications will be forwarded to the city council with a recommendation from the chief of police. If the chief of police recommended that an application be denied he shall state in writing:
A. The statutes or ordinances and standards used in evaluating the application;
B. The reason for the denial; and
C. The action, if any, that the applicant could take to obtain the license, transfer or renewal thereof. (Ord. 318 § 2, 1983)
No retailer's license shall be granted to any person to sell or possess for the purpose of sale, beer, except at a certain room or building designated in said license, and the place of business shall not be changed or moved without the approval of the city council. (1994 Code; Ord. 172 § 6, 1962)
It is unlawful for any person, persons, company or corporation to sell beer on Sunday, Memorial Day, Thanksgiving Day, Christmas Day, on any day of a general or primary election until after the time when the polls are closed, or between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M. of any day, except that the sale of packaged beer only shall be lawful on Sunday, within the corporate limits of the city. (1994 Code; Ord. 354 § 1, 1993; Ord. 172 § 7, 1962)
A. It is unlawful for any retailer, his employee, agent or bartender to sell, deliver or give away, or cause to be sold, delivered or given away, any beer to any person under the age of twenty one (21) years or any person actually, apparently or obviously intoxicated.
B. Any person under the age of twenty one (21) years who knowingly misrepresents his or her qualifications for the purpose of obtaining beer from a retailer shall be equally guilty with the retailer, his agent, employee or bartender, of violating this chapter. (Ord. 362 § 1, 1993; Ord. 172 §§ 8, 9, 1962)
Application for any wine license shall be made to the city council on or before the first meeting of the city council of each and every year and said license shall be issued and passed upon and approved by the city council. (Ord. 254 § 6, 1976)
It is lawful to sell wine in the original container to be consumed off the licensed premises in Ashton, in any place licensed for the retail sale of wine in the original container to be consumed off the premises, between the hours of seven o'clock (7:00) A.M. and one o'clock (1:00) A.M. (Ord. 354 § 2, 1993; Ord. 254 § 1, 1976)
It shall be lawful to sell wine by the drink in Ashton, in any place licensed for the retail sale of wine by the drink to be consumed on the premises, between the hours of seven o'clock (7:00) A.M. and one o'clock (1:00) A.M., excepting the hours between seven o'clock (7:00) A.M. Sunday and seven o'clock (7:00) A.M. Monday. (Ord. 254 § 2, 1976)
It is unlawful for any retail licensee or his employees or agents to sell, serve or in any manner furnish or cause to be furnished or permit to be furnished wine in the original container or by the drink to any person under twenty one (21) years of age. (Ord. 362 § 1, 1993; Ord. 254 § 3, 1976)
The city retail wine license of any licensee may be revoked, canceled or suspended, upon a hearing thereon held before the city council, after written notice of the alleged violation thereof has been served personally upon the licensee or left with an adult person employed or apparently employed on the premises, and provided the city council find that said licensee has violated the provisions of any city wine regulations, order or ordinance. (Ord. 254 § 5, 1976)
Any person violating any of the provisions of sections 5.08.010 through 5.08.090 of this chapter shall be guilty of a criminal offense and upon conviction thereof be fined in any sum not exceeding one hundred dollars ($100.00) plus costs of prosecution, or be imprisoned in the city jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment. In event such fine and costs are not paid, the person convicted of such offense shall be confined in the city jail for the payment thereof at the rate of five dollars ($5.00) per day. (1994 Code; Ord. 172 § 11, 1962)
Violation of any of the provisions of sections 5.08.100 through 5.08.140 of this chapter shall be a misdemeanor and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment. (Ord. 254 § 7, 1976)
Every person, partnership, corporation or association shall first obtain a license from the city as hereinafter provided before selling liquor by the drink in the corporate limits of Ashton. (Ord. 141 § 1, 1947)
The license fee for such license to sell liquor by the drink, shall be three hundred seventy five dollars ($375.00) per year, payable in advance. All licenses issued hereunder shall expire January 1, of each year, provided the license for the year 1947, and other years, at the discretion of the council of said city, shall be prorated. (Ord. 141 § 2, 1947)
Application for license pursuant to this chapter shall be filed with the clerk of said city, upon forms to be furnished by said clerk, which application shall give the name of the licensee, a description of the premises to be licensed, the owner of said premises and such other relevant data as said council may require. No license shall be transferable from one location to another, or from one licensee to another, without the consent of the council, which consent must be in writing in the proceedings of said council at a regular or special meeting. In case any licensee desires a transfer, he shall make application to said council, a fee of five dollars ($5.00) shall be charged for the consideration of said application, and shall be retained by said city, whether or not such application is granted. No license shall be granted to any applicant unless such applicant has first procured a state license for the sale of liquor by the drink, as provided by chapter 274 of the 1947 Idaho session laws. (Ord. 141 § 3, 1947)
Upon the granting to any applicant of a license to sell liquor by the drink, as herein provided, the city shall issue to said licensee a license, under the seal of said city, which must be displayed in a conspicuous place on the premises so licensed. (Ord. 141 § 4, 1947)
The city council shall have the right to cancel any license granted pursuant to this chapter, of any licensee who violates the provisions hereof, or the provisions of chapter 274 of the Idaho 1947 session laws. Provided, however, that in the event it is brought to the attention of said city council that such violation or violations have taken place, then, before revoking such license, the city council shall cause a notice in writing to be served upon such licensee, setting forth in general terms the violations claimed to exist, and such notice shall provide a time for the hearing thereon, before said city council, not less than ten (10), nor more than fifteen (15) days from the date of service of said notice upon said licensee, and upon or following said hearing, the council, upon finding that the provisions of this chapter, or of said chapter 274, shall have been violated by such licensee, such licensee shall be revoked, in the discretion of the council. (Ord. 141 § 5, 1947)
Every licensee shall be responsible for all acts of his employees and the violation of this act, or of said chapter 274, Idaho 1947 session laws, shall be deemed to be a violation by the licensee. In case of the cancellation of any license under the provisions of this chapter, no refund shall be made to said licensee. (Ord. 141 § 6, 1947)
Any licensee violating the provisions of this chapter shall be guilty of a criminal offense and upon conviction thereof, shall be fined not more than one hundred dollars ($100.00), or be imprisoned in the city jail for not more than thirty (30) days, or both such fine and imprisonment, as the court shall impose. Any unpaid fine or costs shall be served in the city jail by such licensee at the rate of one dollar fifty cents ($1.50) per day. In case of the cancellation of any license under the provisions of this chapter, no refund shall be made to said licensee. (Ord. 141 § 7, 1947)
The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants,of said private residence, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or for the purpose of disposing of and/or peddling or hawking the same, is declared to be a nuisance, and punishable as such nuisance as a misdemeanor. (1994 Code; Ord. 133 § 1, 1937)
The chief of police and police officers of the city are required and directed to suppress the same, and to abate any such nuisance as is described in section 5.08.010 of this title. (1994 Code; Ord. 133 § 2, 1937)
Any person convicted of perpetuating a nuisance as described and prohibited in section 5.08.010 of this title, upon conviction thereof, shall be fined a sum not less than twenty five dollars ($25.00) or more then one hundred dollars ($100.00), together with costs of proceedings, which said fine may be satisfied, if not paid in cash, by execution against the person or anyone convicted of committing the misdemeanor prohibited in this chapter. (Ord. 133 § 3, 1937)
A. It is unlawful for any person or persons, corporation or association to keep and maintain within the corporate limits of the city any cows, pigs, goats, sheep, horses, mules, donkeys.
B. Any person or persons, corporation or association who shall violate any of the provisions of this section shall be deemed guilty of a public offense and upon conviction thereof shall be punished by fine not to exceed fifty dollars ($50.00) or by imprisonment in city jail for a period not to exceed thirty (30) days, or by fine and imprisonment. (1994 Code; Ord. 163 §§ 1, 2, 1958)
A. It is unlawful for any person, association or corporation to permit or allow any chickens, ducks, geese, turkeys or rabbits to run at large within the city.
B. Any person, association or corporation violating the provisions of this section shall be punished by a fine of not less than twenty five dollars ($25.00), together with costs of suit, and in default of the payment of such fine shall be imprisoned in the city jail for a period of one day for each two dollars ($2.00) of such fine. (1994 Code; Ord. 55 §§ 1, 2, 1913)
As used in this chapter:
DOG: Means and includes either male or female.
OWNER: Means and includes any person harboring or keeping a dog or dogs within the corporate limits of the city. (Ord. 228 § 1, 1972)
A. The owner or person keeping, harboring or having in charge any dog within the city shall, before January 1 of each year, pay to the clerk the sum of seven dollars fifty cents ($7.50) for each spayed female dog, the sum of seven dollars fifty cents ($7.50) for each male dog and ten dollars ($10.00) for each unspayed female dog for a license.
B. Upon payment of said fee it shall be the duty of the clerk to issue a license to said person bearing the same number as the number to be worn on the collar of the dog as hereinafter provided. The license shall give the date of issuance, the date of expiration, the amount paid, the name and address of the person to whom issued and the name and sex of the dog. The clerk shall furnish with each license a metal tag which shall be stamped with the number to correspond with the number of the license and the year for which it is issued.
C. In case a dog is brought within the corporate limits within the license year herein designated the owner or person having such dog in charge shall pay the said amount as herein specified and said clerk shall thereupon issue a license as in other cases. Provided, however, that the provisions of this section shall not apply to any person visiting in the city for a period not exceeding thirty (30) days and owning or possessing a dog currently licensed and bearing the license issued by another licensing authority.
D. It is unlawful to keep or harbor any dog within the city of Ashton, Idaho, without a license as herein provided and the violation of such provision shall be punishable by a fine of not more than twenty five dollars ($25.00). (Ord. 309, 1982; Ord. dated 1-18-1968 §§ 1, 2, 1968)
A. It shall be unlawful to keep, maintain, harbor or possess upon the premises of any household more than two (2) dogs unless the owner or person in charge thereof shall have obtained a noncommercial kennel license. Application for a noncommercial kennel license shall be made to the city clerk of the city and must be accompanied by the written consent to such noncommercial kennel by at least seventy five percent (75%) of all the persons in possession of premises within one hundred feet (100'), measured on street lines, of the premises upon which said noncommercial kennel is to be maintained. Such application shall be accompanied by the deposit of a noncommercial license fee of five dollars ($5.00) for three (3) dogs, and an additional one dollar ($1.00) for each dog over three (3), which deposit shall be returned to the applicant if the license is not finally issued.
B. The application shall state the name and address of the owner, where the noncommercial kennel is to be kept and the number of dogs. The application shall be in duplicate and the duplicate thereof shall be referred to the Ashton city council and a designated committee shall, within ten (10) days thereof, make its report of whether or not the location and operation of said kennel impairs the health and welfare of the residents of the city, and if such report is unfavorable, no license shall be issued.
C. Noncommercial kennel license shall be nontransferable, and shall expire December 31 of the year in which issued. Whenever additions are made to the number of dogs for which a kennel license had been issued, the licensee shall within three (3) days report to the city clerk of the city and pay the required license fee; provided, however, that whatever puppies are born the issue of a dog theretofore counted in computing the license fee, such puppies shall not be counted as additions until three (3) months old, and further provided that any license for a noncommercial kennel may be revoked if a number of dogs is harbored in excess of those in the original application for license and if it appears the health and welfare of the residents of the city will be impaired.
D. The issue of a noncommercial kennel license shall not obviate the necessity of obtaining an individual dog license, nor shall any of the provisions hereof be deemed to vary or alter any of the zoning ordinances of the city of Ashton, Idaho. (Ord. 228 § 4, 1972)
A. The chairman of the city council of the city is empowered to issue a proclamation giving notice that all dogs shall be muzzled by the owners thereof whenever he deems the existence or spreading of rabies or hydrophobia warrants the issuance of such proclamation. Said chairman is empowered, in said proclamation, to provide as a penalty for the owner of a dog failing to muzzle his dog in obeyance of such proclamation, either the destruction of the dog, or a fine of not to exceed twenty five dollars ($25.00). Said chairman may state in said proclamation the period during which all dogs shall be kept muzzled.
B. The chairman of the city council of the city is empowered to issue a proclamation requiring that all dogs of whatever age within the corporate limits of the city be inoculated against rabies or hydrophobia, or kept closely confined by the owners thereof or destroyed whenever he deems the existence or spread of rabies or hydrophobia warrants the issuance of such proclamation, to provide in said proclamation for the destruction or confining of dogs brought into the village limits, and the penalty for violation of said proclamation, such penalty to be the destruction or confining of the dog not inoculated or confined, or fine upon the owner thereof not exceeding twenty five dollars ($25.00) or both. Dog owners shall file with the city clerk evidence of inoculation. (1994 Code; Ord. 114, 1924; Ord. 75, 1918)
The city council of the city may designate areas of a public park or other public area for the training or exercise of dogs, or holding dog shows or exhibitions. Dogs within such areas so designated need not be controlled by leash or chain but shall be under the control of a responsible person and controlled by whistle, voice or other effective command. (Ord. 228 § 3, 1972)
Except as provided by section 6.08.050 of this chapter, it is unlawful for any person to cause, permit or allow any dog or dogs whether licensed or not, owned, harbored, controlled or kept by him, in the city, to roam, run or stray away from the premises of the owner, and to be or remain upon the streets or alleys of the city, or in any public place in the city, or upon any other premises without the consent of the person in possession of such premises unless:
A. Such dog be in charge of the owner or some duly authorized and competent person and controlled by a leash or chain not exceeding ten feet (10') in length;
B. Such dog is safely and securely confined or completely controlled while in or upon any motor vehicle. (Ord. 228 § 2, 1972)
A. Except as hereinafter provided, it shall be the duty of all policemen and the poundmaster to seize and impound any dog found to be running at large in violation of section 6.08.060 of this chapter.
B. All dogs so seized and impounded which do not have a collar and license as provided by this code and whose ownership is unknown to the police department or the poundmaster shall be retained in the pound for a period of forty eight (48) hours and then destroyed unless claimed.
C. The owner of every licensed dog so seized shall be notified by the police department in writing of the seizure within forty eight (48) hours thereafter. Notice shall be deemed sufficient when it identifies the dog by license number, states the date and place of seizure, is placed in a sealed envelope addressed to the owner of the dog at his residence as appears on the application for the current license, and is deposited in the United States mail with postage prepaid. Every licensed dog so seized shall be retained in the pound for a period of five (5) days after notice is mailed to the owner of the dog. At the expiration of five (5) days after notice shall have been mailed to the owner of the dog as herein set forth, the poundmaster is authorized to dispose of such licensed dog.
D. Any impounded dog may be redeemed by paying to the city clerk or the chief of police the sum of two dollars ($2.00) for every twenty four (24) hours the dog has been held at the pound.
E. In lieu of seizing and impounding any dog found to be running at large in violation of section 6.08.060 of this chapter the policeman or poundmaster may, if the owner of the dog is known, issue a citation which shall meet the following requirements: must have consecutive serial numbers, space to provide date, time and location of offense, name and address of the owner and the offense by brief description. The citation shall be issued by the policeman or the poundmaster handing a copy of the original to the owner, or by mailing him a copy as above provided. If the owner does not appear before the court, city clerk or the chief of police with the citation within five (5) days after he has been notified of the offense, the policeman or the poundmaster having knowledge of the offense and who issued the citation, shall have prepared a complaint which he will verify, charging the owner with the offense and present the same to the court for a warrant of arrest. (Ord. 228 § 5, 1972)
A. Any person or persons violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable as follows:
1. For violations of section 6.08.060 of this chapter if the dog is licensed, by a fine of twenty five dollars ($25.00) for the first offense. Thereafter, if an offense occurs within a twelve (12) month period from the first offense, fifty dollars ($50.00) for the second offense, seventy five dollars ($75.00) for the third offense, and by a fine not to exceed one hundred dollars ($100.00) upon all subsequent offenses within a twelve (12) month period of the first offense and/or imprisonment for a term not to exceed thirty (30) days;
2. For violations of section 6.08.060 of this chapter if the dog is unlicensed, by a fine of forty dollars ($40.00) for the first offense. Thereafter, if an offense occurs within a twelve (12) month period from the first offense, eighty dollars ($80.00) for the second offense, one hundred twenty dollars ($120.00) for the third offense and by a fine not to exceed one hundred fifty dollars ($150.00) upon all subsequent offenses within a twelve (12) month period of the first offense and/or imprisonment for a term not to exceed thirty (30) days;
3. For violations of section 6.08.030 of this chapter, by a fine not to exceed one hundred dollars ($100.00) and/or imprisonment in the city jail for a term not to exceed thirty (30) days.
B. For the efficient disposition of any charge being brought under the provisions of section 6.08.060 of this chapter and the convenience of the owners of any dogs impounded and at the option of the person charged, the city clerk or chief of police is designated and may accept written appearance, waiver of trial, plea of guilty and payment of fine for the first three (3) offenses, which may be paid to the city clerk or chief of police and a receipt issued therefor. (Ord. 334, 1988; Ord. 228 § 6, 1972)
A. Anything which is injurious to the health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or anything that is a menace to public safety, or obstructs the free passage or use, in the customary manner, of any sidewalk, street or alley, is a nuisance.
B. "Person" as used in this chapter shall be construed to include association, partnership or corporation, either plural or singular. (Ord. 56 §§ 1, 5, 1913)
The city council may, after a hearing by resolution duly passed and spread upon the minutes of the city council, declare anything which comes within the purview of this chapter to be a nuisance, and it shall then be the duty of the city attorney to cause the chief of police to serve upon the person responsible for the existence of such nuisance a copy of such resolution and of this chapter, either by making personal service or by mailing in the post office at Ashton, Idaho, a letter containing such notice addressed to such person at his last known place of residence, in which case the notice shall be considered served upon the date that such notice is deposited in the post office. (1994 Code; Ord. 56 § 2, 1913)
If at the expiration of five (5) days from the date of personal service, or ten (10) days from the date of service by mail, work has not been commenced to abate or remove the nuisance, such person shall be deemed guilty of maintaining a nuisance, and the city council may, in its discretion, proceed to abate the same by having it removed, demolished or repaired in such manner and by such means as the case may in its judgment require. (1994 Code; Ord. 56 § 3, 1913)
It shall be the duty of the city attorney to prosecute any person maintaining a nuisance under the provisions of this chapter, and any person convicted thereof shall be punished as set out in section 1.16.010 of this code. (1994 Code; Ord. 363 § 1, 1993; Ord. 56 § 4, 1913)
There is adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code, known as the fire prevention code recommended by the American Insurance Association, being particularly the 1976 edition thereof and the whole thereof, of which code not less than three (3) copies have been and now are filed in the office of the clerk of the city and the same are adopted and incorporated as fully as if set out at length in this chapter, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city. (Ord. 305 § 1, 1982)
A. The fire prevention code shall be enforced by the fire department of the city.
B. The fire chief (or fire marshal) shall be elected by the Ashton fire department and North Fremont fire district and approved by the Ashton city council and commissioners of North Fremont fire protection district. His appointment shall continue during good behavior and satisfactory service.
C. The chief of the fire department is permitted to detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city council and commissioners of North Fremont fire protection district the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause.
D. A report of the fire chief shall be made annually and transmitted to the mayor of the city; it shall contain all proceedings under this code, with such statistics as the chief of the fire department decides to include therein; the chief of the fire department shall also recommend any amendments to the code which, in his judgment, shall be desirable.
E. The chief of the fire department may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the municipality. (Ord. 305 § 2, 1982)
A. Wherever the word "municipality" is used in the fire prevention code, it shall be held to mean the city of Ashton, Idaho.
B. Wherever the term "corporation counsel" is used in the fire prevention code, it shall be held to mean the attorney for the city. (Ord. 305 § 3, 1982)
The limits referred to in section 12.5b of the fire prevention code, in which storage of explosives and blasting agents is prohibited, are established as follows: areas zoned residential. (Ord. 305 § 4, 1982)
The limits referred to in section 13.3a of the fire prevention code, in which manufacture and storage of fireworks is prohibited, are established as follows: areas zoned residential. (Ord. 305 § 5, 1982)
A. The limits referred to in section 16.22a of the fire prevention code in which storage of flammable liquids in outside aboveground tanks is prohibited, are established as follows: areas zoned residential.
B. The limits referred to in section 16.61 of the fire prevention code, in which new bulk plants for flammable or combustible liquids are prohibited, are established as follows: areas zoned residential. (Ord. 305 § 6, 1982)
The limits referred to in section 21.6a of the fire prevention code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: areas zoned residential. (Ord. 305 § 7, 1982)
Drivers on the routes referred to in section 12.7o of the fire prevention code for vehicles transporting explosives and blasting areas are required to contact the city clerk for a permit approved by the city council twenty four (24) hours prior to the transporting above. (1994 Code; Ord. 305 § 8, 1982)
Drivers on the routes referred to in section 20.14 of the fire prevention code for vehicles transporting hazardous chemicals and other dangerous articles are required to contact the city clerk for a permit approved by the city council twenty four (24) hours prior to the transporting above. (1994 Code; Ord. 305 § 9, 1982)
The fire lanes referred to in section 28.16 of the fire protection code are established as follows: all established alleys and areas or rights of way delineated on the city plat as alleys. (Ord. 305 § 10, 1982)
The chief of the fire department shall have power to waive any of the provisions of the fire prevention code upon application in writing by the owner of lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the intent of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Ord. 305 § 11, 1982)
Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant is permitted to appeal from the decision of the chief of the fire department to the city council within thirty (30) days from the date of the decision appealed. (Ord. 305 § 12, 1982)
Members of the city council of the city and the chief of the fire department or his representative shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The chief of the fire department shall post such list in his office, and distribute copies thereof to interested persons. (1994 Code; Ord. 305 § 13, 1982)
A. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, within the time fixed in this chapter, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than one hundred eighty (180) days or both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each five (5) days that prohibited conditions are maintained shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 305 § 14, 1982)
The city adopts the Idaho state fireworks law, codified at Idaho Code, title 39, chapter 26. (Ord. 364 § 1, 1993)
The accumulation of waste, refuse, trash, garbage, rubbish or other deleterious substances on the premises of private residences or commercial and industrial establishments, vacant lots and in streets and alleys constitutes a public nuisance and menace and greatly increases the danger of the spread of infectious, contagious and epidemic diseases. It is necessary for the preservation of health, safety, sanitation, peace and public welfare that proper and adequate regulations be adopted to require property owners, tenants, occupants or lessees to secure containers and receptacles of sufficient kind and size in which to deposit waste, refuse, trash, garbage and rubbish for collection and removal at regular intervals. (Ord. 187 § 6-2-1, 1966)
This chapter shall apply to residential, commercial and industrial properties and areas of the city, including apartments, trailer courts and other dwelling units. (Ord. 187 § 6-2-2, 1966)
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the single number, and words used in the singular number include the plural number.
APPROVED CONTAINER: Only those containers which have been approved by the inspector as to type and make. Only those containers meeting the following specifications shall be approved by the inspector. They shall be constructed of galvanized metal or other material which is strong, not easily corrodible, rodent, fly, and dog proof, with two (2) handles, a capacity of not more than thirty two (32) gallons, and having a tightfitting lid or cover; provided, that refuse containers meeting all other requirements and having a capacity of ten (10) gallons or less may have a ball type handle. The term "approved container" shall include bushel baskets in good condition when used solely for the purpose of disposal of grass clippings, leaves or weeds. Ashes shall be stored in fire resistant containers with close fitting covers. Such containers shall be equipped with adequate handles to facilitate collection, and shall not be greater than ten (10) gallons in capacity.
ASHES AND CLINKERS: The residue from fire used for cooking, heating or burning of trash, after combustion has entirely ceased and the residue has entirely cooled.
COLLECTOR: Means and includes the person holding a license or contract with the city, or employed and thereby authorized and designated by the city to collect, handle, transport and dispose of refuse.
GARBAGE: Means and includes wastes resulting from the handling, preparation, cooking and consumption of food, and wastes from the handling and storage of produce.
INSPECTOR: The authorized employee or employees of the city or some individual designated by the council to enforce this chapter.
OWNER AND OCCUPANT: Wherever herein used may be used interchangeably, and mean and include every person in possession, charge or control of any commercial and industrial property or area where refuse is created or accumulated.
PERSON: Means and includes any person, firm, partnership, association, institute, company, corporation or organization of any kind.
REFUSE: Means and includes "garbage" and "trash" as defined in this chapter.
SHALL: Wherever the word "shall" appears in this chapter it shall be construed as being mandatory.
TRASH: Means and includes wastes other than garbage, such as tin cans, bottles, dust, ashes, clinkers, paper, pasteboard, cardboard or wooden boxes, lumber scraps and shavings, leaves, weeds, cuttings from trees, lawns, shrubs and gardens, or other similar waste materials produced in normal course of every day living. The term "trash" shall not include recognized construction wastes, industrial wastes or byproducts, carcasses of dead animals, appliances, furniture, automobile parts and bodies, and other similar items. (Ord. 187 § 6-2-3, 1966)
Every person who is an owner or occupant of the premises within the city limits shall use the refuse collection and disposal system herein provided and shall deposit or cause to be disposed of in accordance with this chapter all refuse which is accumulated on such premises; provided, that nothing herein is to be construed to prohibit any owner from transporting and disposing of refuse accumulated on such premises, subject to all regulations contained in this chapter. (Ord. 187 § 6-2-4, 1966)
A. It is unlawful for any person to permit to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises, owned or occupied by such person, any refuse so as to cause or create any offensive odor or atmosphere, be offensive as noticeably unsightly, or create an insect or rodent harborage, or thereby, in any manner, to be or to become, or cause or create, a public nuisance or a menace to public health within the limits of the city.
B. No person shall deposit refuse on or below the surface of the ground other than in a manner prescribed in this chapter. No person shall deposit or bury any refuse in or upon a public alley, street, other public area, or upon the premises of another person, whether or not the refuse is in an approved container. No refuse of any kind shall be thrown, swept or pushed into the street in front of any premises. The owner of the premises shall be responsible for the disposal of all such refuse. (Ord. 187 § 6-2-5, 1966)
The actual producers of refuse, or the owners of premises upon which refuse is accumulated, who desire personally to collect and dispose of waste material not included in the definition of refuse or material not acceptable for collection, and collectors of waste and refuse from outside of the city who desire to haul over the streets of the city, shall use a vehicle so equipped and operated as to prevent refuse from being blown, dropped or spilled therefrom and offensive odors escaping therefrom. (Ord. 187 § 6-2-6, 1966)
Every person using or occupying any building, house or structure within the corporate limits for residential, industrial or commercial purpose, shall provide and maintain approved containers of sufficient number and size to hold all refuse accumulating on the premises. The collector will empty and return only approved containers. (Ord. 187 § 6-2-7, 1966)
A. Containers: All refuse must be placed in "approved containers" as defined in section 8.16.030 of this chapter. In residential, commercial and industrial areas all refuse that is mixed with water or other liquid shall be drained and shall be well wrapped in paper before being placed in the container. No free liquids shall be placed in the container. Thirty two (32) gallon containers when filled shall not weigh more than seventy five (75) pounds. Lids of containers shall not be removed except when necessary to place or remove refuse, and the lid or cover of every refuse container shall at all times be kept securely in place and no refuse container shall be so overloaded that the lid or cover cannot be properly kept in place.
B. Exceptions: Grass, leaves, weeds, clippings from trees and shrubs, may be placed in a cardboard carton, bushel baskets or wooden boxes, provided the contents are prevented from being blown, spilled or removed by persons, wind or animals. Each carton, basket or box, including contents, shall not exceed fifty (50) pounds in weight, and shall be not exceed ten (10) cubic feet in volume. When used, such containers will not be returned to the premises, but will be removed with the contents by the collectors; provided, however, that bushel baskets in good condition and repair will be returned to the premises. Brush may be tied with heavy cord or twine in bundles not to exceed four feet (4') in length nor fifty (50) pounds in weight. (Ord. 187 §§ 6-2-8, 6-2-9, 1966)
Compost piles may be maintained for fertilizing purposes, and matter used for fertilization purposes only may be transported, kept and used; provided, that the same shall not cause obnoxious odors to the neighborhood. (Ord. 187 § 6-2-10, 1966)
A. The burning of refuse, other than that prohibited in this section, in the corporate limits of the city, shall be permitted between the hours of eight o'clock (8:00) A.M. and four o'clock (4:00) P.M. only. Authorized type refuse burners shall be used which shall be located not less than ten feet (10') from any building. Authorized type refuse burners shall be constructed of noncombustible material in a manner to confine burning materials, with all openings securely covered by a cover of fire resistant material in which no openings or mesh are larger than three-fourths inch (3/4") in size.
B. It is unlawful to burn refuse as provided under this section within one block of the main street of Ashton, without permission from the clerk's office.
C. It is unlawful for any person to burn grass or weeds off any lot or parkway without first notifying and receiving permission from the city clerk's office, except in an authorized type waste burner.
D. It is unlawful for any person or person acting for another person to burn any garbage, or carcasses of dead animals or dead fowls, or any other refuse that emits obnoxious or offensive odors within the limits of the city.
E. Approved incinerators may be used to burn trash.
F. Nothing herein shall be construed to prohibit the use of outdoor fireplaces, barbecue pits or grills in preparing food or for recreational purposes. (1994 Code; Ord. 187 § 6-2-11, 1966)
A. Refuse shall be collected from all premises within the city at least once each week. Premises wherein large accumulations of refuse occur may be classified separately with more frequent collection from the premises. The council shall establish a schedule of collection and the person who owns or occupies premises within the city shall place all containers on the premises adjacent to the alley line of the premises upon the day scheduled for the pick up.
B. Where there is no alley entrance to premises, refuse containers shall be placed at the street curb or at the inside edge of the sidewalk where the sidewalk is adjacent to the curb on the morning of the day scheduled for collection and the empty containers shall be withdrawn from the front of the premises as soon after collection as possible on the same day.
C. No refuse containers, refuse burners or piles of refuse shall be placed in or upon the alley right of way. (Ord. 187 § 6-2-12, 1966)
A. Dirt or earth debris from construction or building renovation, rocks, stones, automobile bodies and parts, washing machines, refrigerators, hot water tanks, stoves, tree trunks and stumps, and other similar materials, dead animals, furniture, building materials such as mortar, plaster, scrap lumber, broken concrete, and brick shall be collected and disposed of by the building contractor, person, owner or occupant of the premises.
B. Waste oils and lubricants from garage, service stations, machine shops, restaurants and other similar establishments shall be disposed of by the person responsible for same. (Ord. 187 § 6-2-13, 1966)
The meddling with refuse containers, in any way pilfering, scattering contents, and junking in any alley or street within the city limits by any person, or any person who knowingly or through negligence allows an animal owned by him to meddle, pilfer, scatter the contents, and junking in any alley or street within the city limits is prohibited. (Ord. 187 § 6-2-14, 1966)
It is unlawful for any person, firm or association to deposit garbage or refuse in a garbage or trash container in the city without the consent of the owner of such container. (Ord. 308, 1982)
Any persons, firm or corporation desiring a franchise for the collection and disposal of refuse, shall make application to the city council, who shall make and cause to be made such investigation as it may consider necessary in order to determine whether or not the public convenience and necessity requires the granting of such franchise. Any franchise so granted shall be subject to the terms and conditions set forth by the city council and this chapter. (Ord. 187 § 6-2-15, 1966)
A. The mayor and council have the sole authority:
1. To license, contract or perform all services pertaining to collection and disposal of refuse under this chapter;
2. To establish reasonable fees for refuse collection and disposal services;
3. To enter into contracts with one or more contractors;
4. To establish reasonable rules and regulations governing the conduct and operation of such licensees or contractors.
B. The council may require of any such collector or contractor a bond in a reasonable amount, the condition of which shall be the satisfactory performance of the contract. (Ord. 187 § 6-2-16, 1966)
All appropriate officers of the city shall have the right of ingress or egress to any premises for the purpose of inspecting all places and containers where refuse is accumulated or kept. (Ord. 187 § 6-2-17, 1966)
There is assessed for each premises within the city upon which refuse accumulates, monthly charges as assessed by the city council of the city of Ashton. Such fees shall be levied and collected irregardless of whether the property owner or occupant as herein used disposes of his garbage, refuse, ashes, clinkers, trash himself. (1994 Code; Ord. 187 § 6-2-16, 1966)
A. Fees shall be carried on the water bills, wherever applicable, and the clerk is authorized and directed to discontinue garbage service to any premises where the entire garbage bill is not paid, in the same manner that service is discontinued for nonpayment of water service.
B. All fees shall be paid by the person responsible for the same at the office of the clerk within ten (10) days after receipt of a statement, and if not paid the same shall become delinquent. All cases of delinquency shall be handled in the manner prescribed for delinquent accounts. (Ord. 187 § 6-2-19, 1966)
Violation of the terms of this chapter shall be a misdemeanor and upon conviction thereof, the guilty party may be fined a minimum of fifty dollars ($50.00) and up to three hundred dollars ($300.00) and/or imprisoned in the Fremont County jail up to six (6) months. (Ord. 308, 1982)
Pursuant to Idaho Code section 50-317, all offensive and noxious weeds and/or plants, located within the city limits, are declared to be a nuisance. (Ord. 356 § 1, 1993)
It shall be the duty of the chief of police to notify the owner or person having charge of any property within the city limits, where offensive or noxious weeds or plants are growing, to cut, remove and destroy the same.
A. The notice shall be in writing, and shall describe the location of the property as accurately as possible, and shall specify that the weeds and/or plants must be cut, removed and destroyed within fifteen (15) days of the date of the notice.
B. The notice shall be personally served upon the owner or person in charge of such property if such owner or person in charge can be found. In the event such owner or person in charge cannot be located, the notice shall be served by posting the notice upon a conspicuous place on the premises, and mailing a copy of the notice, by registered mail, to the owner or his agent in charge of the property. Notice is complete upon delivery, or upon mailing. (Ord. 356 § 3, 1993)
All offensive and noxious weeds and plants shall be cut, removed and destroyed by the owner or agent of the ground or premises on which the same are located, within fifteen (15) days of notification to do so, notification to be as set out below. (Ord. 356 § 2, 1993)
In the event the owner or person in charge of the premises for which an abatement notification is given fails to comply with the notice or fails to cut, remove or destroy the noxious weeds and/or plants growing thereon, the mayor may order the work to be done at the expense of the city, with that expense to be charged against and be a lien on the property until paid. Such lien shall be filed as provided in Idaho Code section 50-1008, for the filing of liens for special assessments against property. (Ord. 356 § 4, 1993)
This chapter shall be known as the ASHTON TREE ORDINANCE . (Ord. 2002-03 § 1, 2002)
It is the purpose of this chapter 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 Ashton.
It shall be the responsibility of the tree board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such a plan will be presented to the city council for their acceptance and approval. The plan shall also be delivered to the city's superintendent of public works for consideration and guidance on issuance of building permits, subdivision permits, and other planning and building matters. (Ord. 2002-03 § 2, 2002)
ADMINISTRATOR: A city council member or salaried employee of the city as appointed and overseen by the mayor, who is to carry out the terms of this chapter.
PRIVATE TREE: Any tree, shrub or other woody vegetation on private property.
PUBLIC PROPERTY: Property owned by the city of Ashton whether in fee simple absolute, or impliedly or expressly dedicated to the public for present or future use, for purposes of vehicular or pedestrian traffic, or for public easements.
PUBLIC TREE: Any tree, shrub or other woody vegetation on public property.
SHRUB: A multiple stemmed, woody plant whose height at maturity is between three feet (3') and fifteen feet (15').
TOPPING: The practice of cutting back large diameter branches of a mature tree to stubs.
TREE: A woody perennial plant with one or more main stem or trunk over fifteen feet (15') tall. (Ord. 2002-03 § 3, 2002)
There is hereby created and established a tree board for the city of Ashton, which shall consist of four (4) members, citizens and residents of this community, who shall be appointed by the mayor with the approval of the city council. The tree administrator will also serve as a member of the tree board.
A. Term Of Office: The term of the four (4) persons to be appointed by the mayor shall be three (3) years, except that two (2) of the members appointed to the first board shall be for only two (2) years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.
B. Compensation: Members of the board shall serve without compensation. This does not apply to the tree administrator who is a city councilman or salaried employee of the city of Ashton.
C. Duties And Responsibilities: It shall be the responsibility of the committee to develop and/or update an urban tree plan for the care, preservation, pruning, planting, replanting, and removal of trees and shrubs on public property. Such plan will be presented to the city council, and upon their acceptance and approval, shall constitute the official comprehensive city tree plan for the city of Ashton.
D. Tree Administrator: The tree administrator is hereby charged with the responsibility for the enforcement of this chapter and may serve notice to any person or entity in violation thereof or institute legal proceedings as may be required, and the city attorney is hereby authorized to institute appropriate proceedings to the end.
E. Operation: The committee shall choose its own officers, make its own rules and regulations, and keep a record of its proceedings. Majority of the members shall be a quorum for the transaction of business. (Ord. 2002-03 § 4, 2002)
No person shall plant, top, remove or alter any tree or shrub within a public right of way of the city of Ashton or upon public property in the city of Ashton without first obtaining a permit from the Ashton tree administrator. Such permit application shall be made five (5) working days before the intended activity. The tree administrator may grant the permit or grant a permit on conditions when such is consistent with the provisions of this chapter, the tree plan, and other applicable laws and public policy. No such permit shall be valid for a period greater than ninety (90) days of its issuance.
The permit requirement shall not apply to any action by an employee of the city of Ashton in furtherance of public safety or acting during the course and scope of that person's duty. The city of Ashton shall bear all costs, as budgeted for removal of public trees unless a private party has requested removal, or pruning and received a permit from the tree administrator. In that case, the private party requesting removal or maintenance will incur the entire cost.
Public utilities are exempted from obtaining a permit, however, the utility must observe good arboricultural practices as specified by the International Society of Arboricultural Specialists. (Ord. 2002-03 § 5, 2002)
A. Upon the discovery of an epidemic disease or pest in any public or private tree, the tree administrator shall serve notice upon the owner of the tree which shall require that owner to eradicate, remove or otherwise control such conditions within a given time frame. The owner of the tree will incur all costs.
B. A variance shall be required when a property owner wants to deviate from the rules and regulations of this chapter. All requests for variances shall be directed to the tree board and approved by the city council. (Ord. 2002-03 § 6, 2002)
Any person, partnership, firm, corporation or other legal entity that violates any provisions of this chapter is guilty of an infraction and punishable by a fine not to exceed five hundred dollars ($500.00). All such violations, which are of a continuing nature, shall constitute a separate offense for each day of such continuance. Any violation of this chapter shall also constitute a public nuisance and may be enjoined and abated as provided by law. (Ord. 2002-03 § 7, 2002)
It is unlawful for any person to keep a disorderly house, or any house for the purpose of assignation or prostitution, or for any person to frequent or become an inmate or habitant in such house or place. A "disorderly house" is declared to be a house whereby the peace, comfort or decency of the immediate neighborhood is disturbed. (Ord. 4 § 1, 1906)
A. Disorderly conduct occurs when any person:
1. Uses abusive language and thereby intentionally creates a risk of assault; or
2. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or
3. Intentionally obstructs vehicular or pedestrian traffic without lawful authority.
B. Any person committing an act of disorderly conduct is guilty of a misdemeanor criminal offense, which is punishable as set out in the general provisions of this code. (Ord. 365 §§ 1, 2, 1993)
A. It is unlawful for any person, association or corporation to run water through or upon the streets of the city or any of the public places thereof, so as to flood or overflow the same.
B. Violation of subsection A of this section is punishable by a fine of not more than three hundred dollars ($300.00). (1994 Code; Ord. 366 § 1, 1993; Ord. 18 §§ 1, 2, 1907)
A. It is unlawful for any person or persons to ride upon any sidewalk in the city on a bicycle or motorcycle or to ride or drive any team, horse or other animal upon or over any such walk.
B. Violation of subsection A of this section is punishable by a fine of not more than three hundred dollars ($300.00). (1994 Code; Ord. 366 § 1, 1993; Ord. 49 §§ 1, 2, (undated))
A. It is unlawful for any person to have in his or her possession glass containers of any kind, in any public park or any outdoor public recreation area, or in any public parking lot adjacent to such park or recreation area within the city.
B. Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding three hundred dollars ($300.00), or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 352 §§ 1, 2, 1993)
As used in this chapter, the following terms shall be defined as follows:
BOWS AND ARROWS: Any instrument used in the propulsion of any projectile by the use of tension strings and including, but not limited to, what are commonly known as traditional, compound or other bows.
FIREARMS: Any instrument used in the propulsion of shot, shell, lead, bullets, rocks or other harmful objects by the action of gunpowder being exploded within it, or by the action of compressed air within it, or by the power of springs, and including, but not limited to, what are commonly known as air rifles, BB guns, slings, slingshots, crossbows and flippers. (Ord. 345 § 1, 1992)
A. It is unlawful to discharge any firearm as defined herein, within the corporate limits of the city; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor prohibit any person from using a firearm in the lawful protection of his person or property.
B. It is unlawful to shoot arrows from bows as defined in this chapter, within the corporate limits of the city, while upon any street, alley or other public place, or while upon private premises without the consent of the person in lawful possession of such premises. (Ord. 345 § 2, 1992)
A. Nothing contained in this chapter shall prohibit the shooting of BB guns and bows and arrows, while engaged in target practice, or otherwise while on private property with the consent of the person in lawful possession of such property; provided that the shot or arrow or other projectile does not go beyond the boundaries of such property.
B. Upon application, the city council may grant permits to shooting galleries, gun/bow and arrow clubs and others for shooting firearms or discharging arrows from bows while within the corporate limits in fixed localities and under fixed rules. Such permits shall be in writing, attested by the clerk, and conforming to such demands as the council should require. (Ord. 345 § 3, 1992)
Upon a lawful arrest being made for a violation of this chapter, the firearm or bows and arrows may be confiscated by the law enforcement officer to be used as evidence before a court of competent jurisdiction. (Ord. 345 § 4, 1992)
Any person violating any provision of this chapter is guilty of a misdemeanor which shall be punishable by a fine of up to three hundred dollars ($300.00) or by imprisonment in the county jail of up to thirty (30) days, or by both such fine and imprisonment. In addition thereto, the weapon may be confiscated and either destroyed or sold as surplus property as may be ordered by the court. If sold, the proceeds thereof are to be paid into the general fund of the city. (Ord. 345 § 5, 1992)
ALCOHOLIC LIQUOR: As defined in the Idaho Code, relating to such term.
BEER: As defined in the Idaho Code, relating to such term.
MOTORIZED VEHICLE: As defined in the Idaho Code, relating to such term.
POSTED PRIVATE PROPERTY: Any private property which has posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that alcoholic liquor, wine and/or beer may not be consumed and/or possessed on the premises in any open or unsealed container.
WINE: As defined in the Idaho Code, relating to such term. (Ord. 353 § 3, 1993)
A. It is unlawful for any person to possess or consume, or have in his or her possession any alcoholic liquor, wine and/or beer in any public park or any outdoor public recreation area, or in any public parking lot adjacent to such park or recreation area within the city, except in those areas and under those circumstances set forth in subsection B of this section.
B. 1. Beer may be possessed and consumed in any public park by any bona fide social organization or group gathered together for a social event, provided such social organization or group shall have received a prior permit from the city council authorizing such possession and consumption.
2. Such permit shall set forth the boundaries wherein beer may be possessed and consumed and the hours wherein such possession and consumption shall be permitted. The members of the social organization or group gathered together for such a social event shall be permitted to transport beer into the licensed area of the park for use only as set out in the permit. (Ord. 353 § 1, 1993)
A. It is unlawful for any person to consume any alcoholic liquor, wine and/or beer on the sidewalks, streets and/or alleys of the city of Ashton, and/or on any posted private property.
B. It is unlawful for any person to possess any alcoholic liquor, wine and/or beer in an open or unsealed container of any kind, while being upon the sidewalks, streets and/or alleys of the city, and/or upon any posted private property.
C. It is unlawful for any person to transport in any motorized vehicle any alcoholic liquor, wine, and/or beer in an open or unsealed container of any kind while being upon the streets or alleys of the city. (Ord. 353 § 2, 1993)
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding three hundred dollars ($300.00), or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment (Ord. 353 § 4, 1993)
It shall be unlawful for any person under the age of eighteen (18) years to be or to remain, and it shall be unlawful for any parent, guardian or other person having the care and custody of any person under eighteen (18) years to permit such person to be or to remain, in or upon any street, alley, public ground, public place or any place open to the public or exposed to public use within the city between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. (Ord. 413-04 § 1, 2004)
The provisions of this chapter shall not apply to any person who is accompanied by his parent, guardian or other adult person having the care and custody of him/her, nor to any person who is in the performance of an errand or duty directed by his parent, guardian or other adult person having the care and custody of him/her, nor to any person who is actually at the time engaged in legitimate employment for profit, or on the way to such employment, or to any person engaged in interstate travel. (Ord. 413-04 § 1, 2004)
Violation of this chapter shall constitute an infraction, and be punishable as such. (Ord. 413-04 § 1, 2004)
The purpose of this chapter is the protection of the health, safety, and welfare of the citizens of Ashton. It is determined that sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the city. The mayor and council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. Now, therefore, it is hereafter the policy of this city to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the citizens of the city, and this chapter shall be liberally construed to effectuate that purpose. (Ord. 412-04 § 1, 2004)
For the purposes of this chapter, the following definitions shall apply:
CITY: City of Ashton, Idaho, or the area within the city limits of Ashton, Idaho.
COMMON AREA(S): The area(s) of a facility, complex, apartment unit, hotel, motel or the like that is(are) open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner.
EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
EMERGENCY VEHICLE: A motor vehicle belonging to a fire department, firefighting association, or fire district, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal law enforcement agency.
LOUD AMPLIFICATION DEVICE: Any equipment designed or used for sound production, reproduction, or amplification, including, but not limited to, any radio, television, phonograph, musical instrument, stereo, tape player, compact disc player, loudspeaker, public address (PA) system, sound amplifier, comparable sound broadcasting device, or equipment to amplify muffler sounds on vehicles or engine "Jake" brakes.
PERSON: Any individual, association, organization, or entity having a legally recognized existence, whether public or private.
PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units (i.e., apartment, condominium, hotel, motel, duplex, triplex, etc.) each individual unit shall be considered a separate residence for the purposes of this chapter.
PLAINLY AUDIBLE: Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener. (Ord. 412-04 § 1, 2004)
It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom:
A. Is plainly audible within any place of residence not the source of the sound, or
B. Is plainly audible upon a public right of way or street at a distance of one hundred feet (100') or more from the source of such sound. (Ord. 412-04 § 1, 2004)
A. Peace Officer Citation: Any Ashton city peace officer or person empowered to enforce this chapter is authorized to issue a uniform citation upon his own observation of a violation without the necessity of a citizen complainant's signature on said citation. By signing the citation officer or person is certifying that he has reasonable grounds to believe that the person cited committed the offense contrary to law.
B. Citizen Citation: A uniform citation may also be signed by any citizen or person in whose presence an alleged violation of this chapter occurred and be witnessed by an Ashton city peace officer or person empowered to enforce this chapter whose name shall be endorsed on the citation. (Ord. 412-04 § 1, 2004)
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action, or remedy; nor, unless specifically provided, shall it be deemed to repeal, amend, or modify any law, ordinance, or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on such subject. (Ord. 412-04 § 1, 2004)
The following sounds are exempted from the provisions of this chapter:
A. Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency.
B. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property or facility, provided that such activities have been authorized by the owner of such property or facility or its agent.
C. Sounds caused by parades, fireworks displays, or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit.
D. Sounds caused by locomotives or other railroad equipment.
E. Sounds caused by burglar alarms that are not in violation of this code.
F. Sounds caused by safety warning devices required by law.
G. Sounds caused by devices approved for use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-through window speakers, car lot PA systems).
H. Sounds emanating from devices used within the common areas of a multi-unit facility which use has been approved by the owners or management of the facility. Said use must be in compliance with any regulations imposed by the owners or management of the facility to be exempt under this chapter. This exemption only applies in relation to other units within the same facility. (Ord. 412-04 § 1, 2004)
Any person who shall violate any of the terms or provisions of this chapter shall be guilty of an infraction and shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees. There is no right to a trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. (Ord. 412-04 § 1, 2004)
If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. (Ord. 412-04 § 1, 2004
It is declared to be the intent of the governing body of the city to aid and assist by whatever means possible, for the utmost consistency in traffic regulation among and between agencies of Idaho having such jurisdiction. Toward that end, adoption of the Idaho motor vehicle laws by the cities of Idaho is a necessary means of assuring maximum uniformity within the state. (Ord. 217 § 1, 1970)
There is adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city that certain code, identified as the 1969 revised edition, Idaho motor vehicle laws, more particularly title 49, Idaho Code, published by the department of law enforcement, and as the same may hereafter be revised by the Idaho legislature, or amended by the governing body, and the same is adopted and incorporated as an ordinance of the city as fully as though set forth at length in this chapter. (Ord. 217 § 2, 1970)
Three (3) copies of the Idaho motor vehicle laws, together with any revisions or amendments, duly certified by the city clerk, shall be kept on file in his office for use and examination of and by the public. (Ord. 217 § 3, 1970)
"Streets", as used in this chapter, means the entire legal right of way of all streets, alleys, and public roadways of the city of Ashton, Fremont County, Idaho. (Ord. 285, 1980)
There shall be no loaded trucks driven or operated upon the streets of the city except upon those streets designated as truck routes unless such trucks are making home deliveries and have first obtained a special use permit from the city, as hereinafter provided. (Ord. 281 § 2, 1980)
Trucks making home deliveries within the city limits of the city may obtain a special use permit for travel when the vehicle is loaded over all streets of the city. Such permits may have such restrictions as the city council of the city shall require and further may restrict travel over those streets which are not designated as truck routes during the time of the year when the streets are susceptible to damage. During those times of the year when the streets are susceptible to damage, delivery trucks will be restricted to a gross weight not to exceed three hundred (300) pounds per inch of tire width. (Ord. 281 § 3, 1980)
The following streets are designated as truck routes within the city without load limits:
All of Fifth Street south of Pacific Avenue.
Fifth Street north of Walnut Street to Spruce Street and Spruce Street west to Fourth Street.
Pacific Avenue north and south of Main Street.
Railroad Avenue south of Main Street.
Seventh Street north of Main Street to Maple Street and south of Main Street one-half (1/2) block.
Sixth Street north and south of Main Street one block.
Third Street north of Main Street to Maple and east on Maple to Railroad Avenue.
Walnut Street from Pacific Avenue to Fifth Street.
(Ord. 281 § 4, 1980)
Violation of any provisions of this chapter shall be deemed a misdemeanor and punishable by imprisonment in the county jail by a term not to exceed six (6) months and/or a fine not exceeding three hundred dollars ($300.00) or both. (Ord. 285, 1980)
"Streets", as used in this chapter, means the entire right of way of all streets, alleys and public roadways of the city of Ashton, Fremont County, Idaho. (Ord. 286, 1980)
It is unlawful for any person to use any street or portion thereof within the city for the purpose of repairing any vehicle except for temporary, emergency repairs, and it is unlawful for any person to store or abandon any vehicle upon any of the streets of the city. Any vehicle left standing or parked for a period of forty eight (48) or more consecutive hours in the same area shall be deemed to be an abandoned vehicle and the officers of the police department shall cause the same to be removed and impounded in such place as the police department shall determine for safekeeping. (Ord. 282 § 1, 1980)
It is unlawful for any person to park a motor vehicle in any alley or alley entrance in the city, except for the actual time required for loading or unloading such vehicle. (Ord. 282 § 2, 1980)
It is unlawful for any person to park any tractor-truck or semitrailer on the streets or street right of way in any residential district of the city, except for the purpose of loading or unloading such vehicle in the most expeditious manner, having due regard to the rights of others and traffic on the street. (Ord. 282 § 3, 1980)
A. It is unlawful for any person to park or leave parked or standing any automobile, motor driven vehicle, trailer, trailer house or other vehicle between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. on the streets of the city as may be marked with signs prohibiting such parking. If the person who parked the vehicle is unknown, it shall be presumed that the registered owner of the vehicle is the person to be charged with the violation.
B. The chief of police, fire chief and superintendent of public works shall cause such streets they may deem necessary, to be so marked. (Ord. 2002-06 § 1, 2002; Ord. 282 § 4, 1980)
The city shall remove snow from public streets. The city shall not be required to remove snow from public alleys or private property. (Ord. 282 § 5, 1980)
It is unlawful for any person to hinder or interfere with any person to park a motor vehicle or leave any other obstruction adjacent to or upon a public street in such a manner as to interfere with snow removal by the city. (Ord. 282 § 6, 1980)
The city police or the department of public works is authorized to remove and impound any motor vehicle or other property left upon a public street which interfere with snow removal from the streets of the city. (Ord. 282 § 7, 1980)
The police department of the city is authorized to remove from streets and impound any vehicle parked in violation of the provisions of this chapter. (Ord. 282 § 8, 1980)
The owner of any vehicle which has been impounded under the provisions of this chapter shall pay a fee of ten dollars ($10.00) plus the cost of removing and towing the vehicle, plus three dollars ($3.00) as cost per day after the first day, to the city clerk of the city, to cover the costs of impound, towing and storage before such vehicle shall be released. (Ord. 282 § 9, 1980)
If the impounded vehicle is not claimed within ten (10) days after it has been impounded as provided in this chapter, the police department shall proceed as provided in chapter 49-18 of the Idaho Code for the sale or junking of abandoned vehicles. (1994 Code; Ord. 282 § 10, 1980)
A. It shall be the duty of each police officer observing a violation of the provisions of this chapter to leave at or upon such vehicle a notice that such vehicle has been parked in violation of the provisions of this chapter; the notice shall bear the date and hour of leaving the same at or upon the vehicle, and shall instruct the owner or operator of such vehicle to report to the police department or magistrates court of the county of Fremont, state of Idaho, in regard to such violation.
B. It shall be the duty of each such police officer to leave at or upon such vehicle a separate notice for each hour or fraction thereof that such vehicle remains parked in violation of provisions of this chapter. Each owner or operator may, within twenty four (24) hours of the time of the notice, pay to the police department, as a penalty for such violation, or the magistrates court of Fremont County, Idaho, the amount of one dollar ($1.00) for each hour or fraction thereof that such vehicle was parked in violation of this chapter.
C. Violation of this chapter shall constitute an infraction, punishable by a fine of not more than one hundred dollars ($100.00).
D. All monies collected by the police department or magistrates court of Fremont County, Idaho, for violation of this chapter shall be paid to the city. (Ord. 367 § 1, 1993; Ord. 282 §§ 11, 13, 1980)
A. That area located between State Highway 47 and blocks 31 and 32 of the townsite of Ashton, Fremont County, Idaho is closed to parking or the standing of vehicles during the days school is in session, between the hours of one o'clock (1:00) A.M. and four o'clock (4:00) P.M., effective October 1, 1989.
B. All violations of this section shall result in a citation for illegal parking and upon conviction thereof, shall be subject to a fine of not more than twenty five dollars ($25.00) for violation of this section. (Ord. 337 §§ 1, 2, 1989)
A. No licensed or unlicensed vehicle shall be parked or left for a period in excess of two (2) hours between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. on that portion of Main Street lying between Park Avenue and Eighth Street.
B. No licensed or unlicensed vehicle may be parked or left upon that portion of Main Street between Park Avenue and Eighth Street between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. (Ord. 215, 1970)
No unlicensed or inoperable vehicle or equipment shall be parked or left for a period in excess of twelve (12) hours upon any street in the city. (Ord. 215, 1970)
Violation of section 10.16.020 or 10.16.030 shall constitute an infraction, punishable by a fine of not more than one hundred dollars ($100.00). (Ord. 367 § 1, 1993; Ord. 215, 1970)
A. No vehicle shall be parked on that portion of U.S. Highway 20 where it passes inside the city limits of the city of Ashton, between milepost 360 and milepost 361.
B. A violation of this section shall constitute an infraction punishable by a fine of not more than one hundred dollars ($100.00). (Ord. 390 §§ 1, 2, 1999)
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY: Any real property within the city which is not a street or highway.
STREET OR HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE: A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon. (Ord. 325 § 1, 1986)
No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. (Ord. 325 § 2, 1986)
No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on any street or highway within the city. (Ord. 325 § 3, 1986)
No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain on such property longer than forty eight (48) hours; and no person shall leave any such vehicle on any property within the city for a longer time than forty eight (48) hours; except that this chapter shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city, or under special permit as hereinafter provided. (Ord. 325 § 4, 1986)
Upon application of any person for a special permit and the payment of the sum of twenty five dollars ($25.00), the city clerk shall cause a permit to be issued to such applicant for salvage of parts for one vehicle for necessary repair of an existing vehicle; said permit shall be valid for not to exceed ninety (90) days; if, on inspection by the city clerk, or other appropriate city official, the unused salvage has been removed from the property by the permittee, the city shall cause to be returned the initial fee herein provided for, but if such salvage has not been so removed as required herein, the city shall cause same to be removed and retain the permit fee for the cost thereof. (Ord. 325 § 5, 1986)
The city chief of police or other appropriate official or any member of his department designated by him is authorized to remove or have removed any vehicle left at any place within the city which reasonably appears to be in violation of this chapter or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with this code and the laws of the state of Idaho. (Ord. 325 § 6, 1986)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one hundred dollars ($100.00) or be imprisoned in the county jail for a period not exceeding thirty (30) days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 325 § 7, 1986)
A.The speed on the streets of Ashton, except for Main Street, shall be restricted to twenty (20) miles per hour, and on Main Street, to twenty five (25) miles per hour.
B.Violation of this section shall constitute an infraction, punishable by a fine of not more than one hundred dollars ($100.00). (Ord. 367 § 1, 1993; Ord. 300, 1981)
Regulations for the operation of snowmobiles within the city of Ashton, Idaho are as follows:
A.State Registration And Driver's License: State registration of the snowmobile and a valid driver's license are required to operate a snowmobile on the streets of Ashton. The snowmobile registration number shall be displayed in a conspicuous place.
B.State Highways:
1. No person shall operate a snowmobile on a state highway.
2. Snowmobiles must make a complete stop before crossing a state highway, shall yield the right of way to all oncoming traffic and may cross a state highway by making a ninety degree (90°) direct crossing.
C.City Streets: The streets within the city of Ashton are to be used only as a method of transportation and not as a means of recreation.
D.Stops Required: A full stop must be made at all intersections, alleys, and stop signs.
E.Single File; Right Side; Speed: Snowmobiles must travel in a single file on the right side of the streets and shall not exceed the speed of fifteen (15) miles per hour.
F.Hours: Snowmobiles may not be operated within the city of Ashton between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. unless leaving or returning to the city.
G.Private Property; Sidewalks; Posted Areas: Snowmobiles must not be operated on private property without the permission of the owner and must not be operated on sidewalks or posted areas.
H.Equipment:
1. Lights: Headlights and taillights must be on at all times during operation.
2. Brake: Snowmobiles must be equipped with a hand or a foot braking device.
3. Muffler: Snowmobiles must be equipped with an adequate muffler.
I.Attaching To Vehicles Prohibited: No person riding on a snowmobile shall attach it or himself to any vehicle on a street or roadway.
J.Parking:
1. Snowmobiles must be parked in posted areas unless parked on private property with the owner's permission.
2. No snowmobile may be parked on a sidewalk.
K.Pulling Objects: Snowmobiles shall not be used to pull any sled, trailer, or other object without a rigid hitch.
L.Careless Or Reckless Operation Prohibited: Snowmobiles must not be operated in a careless or reckless manner. (Ord. 320 § 2, 1985)
Violation of this chapter shall be a misdemeanor and is punishable by a fine not to exceed three hundred dollars ($300.00) and/or imprisonment in the county jail for not to exceed six (6) months. (Ord. 320 § 3, 1985)
The city council may by resolution adopt by the affirmative vote of three-fifths (3/5) of the members of the council to provide for the construction of sidewalks along the abutting lots and lands on any street or highway in the city. (1994 Code; Ord. 46 § 1, 1912)
A. All the resolutions providing for the construction of sidewalks shall designate the street or highway upon which the same is to be constructed, and shall particularly describe the lot and parcel of land upon which the same shall abut.
B. Resolutions for the construction of sidewalks shall designate the kind and quality of material of which the same shall be constructed, define the manner of construction, state the width of the walk to be constructed and limit the time within which the owner or owners of the abutting property shall construct and complete the same. (Ord. 46 §§ 2, 3, 1912)
A. It shall be the duty of the city clerk, within one week from the adoption of any resolution providing for the construction of a sidewalk, to cause written notice thereof to be served on each owner of abutting property of the adoption of such resolution, stating in detail the kind and quality of the material of which the same is to be constructed, the manner of construction, the width of the walk to be constructed and the time within which the same must be constructed or be completed by such abutting property owner, and unless the same is constructed and completed within the time limited that such walk will be constructed by the city and the costs and expense thereof assessed against the abutting property. Providing that, if the abutting property owner be a resident of the city such notice may be served by the chief of police by delivering the same in person, or by leaving the same at his usual place of residence in the city. If such abutting property owner is not a resident of the city the notice may be served by the chief of police by delivering the same to any person in possession of the property, and if such property owner is not a resident of the city and if there is no one in possession of the property, notice may be given by publishing the same for one week in a newspaper published and of general circulation in the city.
B. And provided further, that where service of notice is had by publication, all nonresident abutting property owners may be included in one published notice, and such notice shall be sufficient if it runs to the owner of the property, describing it, without giving the name of the owner.
C. If any owner of the abutting property along which any sidewalk is directed to be constructed under the provisions of this chapter fails or refuses to construct such walk within the time limited by the resolution and notice, the city council may proceed to construct such walk and assess the cost and expense thereof to the abutting property owners and may levy a special tax on the lots and parcels of land abutting upon the walk so constructed, each lot and parcel of land being separately assessed in proportion to the number of front feet of such lands and lots. (1994 Code; Ord. 46 § 4, 1912)
Before the construction of any sidewalk under the provisions of this chapter, the city council shall procure from the city engineer an estimate of the cost of the walk to be constructed, and the construction of such sidewalk shall be let by contract to the lowest responsible bidder. Notice of the letting of any such contract shall be given by posting a copy thereof in three (3) of the most public places in the city or by publication in a newspaper for at least ten (10) days prior to the date of the letting of the contract and the cost of the construction shall in no case exceed the engineers' estimate. (1994 Code; Ord. 46 § 5, 1912)
Assessments under the provisions of this chapter shall be at a special meeting of the city council, by resolution fixing the amount against each lot or parcel of land. Notice of the holding of said meeting and the purpose for which it is to be held shall be published and of general circulation in the city, at least ten (10) days prior to the time of holding such meeting. All such assessments shall be known as special assessments for improvements and shall be levied and collected as a special tax in addition to the taxes for general revenue purposes, and shall be placed on the tax roll for collection subject to the same penalties and collected in like manner as other city taxes. (1994 Code; Ord. 46 § 6, 1912)
A. The owner of any property fronting or abutting any sidewalk in the city shall keep his sidewalk in a good state of repair.
B. Should the city council or its delegated agent at any time deem any sidewalk to be dangerous and unsafe and likely to be the cause of a personal injury, the owner of the property fronting or abutting such defective sidewalk shall be notified and ordered to repair the same and place it in such a condition that it not be likely that any person be injured by reason of such sidewalk. (1994 Code; Ord. 157 §§ 1, 2, 1955)
Should any property owner, after being so notified, refuse to repair or replace his defective sidewalk, within ten (10) days after the receipt of such notice, the city may remove or repair the same and replace said defective sidewalk with one that meets the usual standard requirements of safety. (1994 Code; Ord. 157 § 3, 1955)
Whenever any sidewalk replacements or repairs are made by the city, as provided by this chapter, the expense thereof shall be by them assessed against the property fronting and abutting on such sidewalk where such repairs or replacements were made, together with a penalty thereon in the amount of ten percent (10%) of the assessment, but not less than twenty five dollars ($25.00), to cover incidental costs, inherent in such a proceeding, and the same shall be certified to the county tax collector for collection, with the assessment and penalty to be a special tax on the property. (1994 Code; Ord. 157 § 4, 1955
A. The owners, their agents or assigns of the property along Main Street between the west side of Railroad Avenue and Eighth Street; and along Park Avenue, Fourth Street, Fifth Street, Sixth Street, Seventh Street and Eighth Street between Fremont Street and Pine Street, may remove snow from the sidewalks adjacent to the streets in the above described area and place it along the curb. The city may charge a snow removal fee as set out in subsection C of this section.
B. No snow shall be removed and placed on the streets of the city except as above provided without the express consent of the city. The cost of removal of snow placed on the streets of the city, except as hereinabove provided, shall be negotiated and payable to the city.
C. The city may provide for snow removal fees to be set by the city council for snow removal of the property owners of the city according to the benefits derived. (Ord. 2000-1 § 1, 2000; Ord. 304, 1982; Ord. 236, 1974)
It shall be a misdemeanor for any person to place snow on any street of the city except as hereinabove set forth and violation thereof shall be a misdemeanor punishable by a maximum fine of three hundred dollars ($300.00) and a maximum jail penalty of six (6) months. (Ord. 236, 1974)
It is prohibited for any person to ride a skateboard, scooter, bicycle or any wheeled or motorized vehicle on any public sidewalk within the city of Ashton. (Ord. 418-05 § 1, 5-11-2005)
Any person violating this chapter shall be guilty of an infraction and shall be subject to penalties, as established for nonmoving traffic violations in the Idaho infraction rules. (Ord. 418-05 § 1, 5-11-2005)
For the purpose of this chapter, the following definitions apply:
APPLICANT: Any person who makes application for a permit as set forth in this chapter.
CITY: The city of Ashton, a municipal corporation of the state of Idaho.
EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or property, or which causes interruption of utility services.
ENGINEER: The engineer designated by the city, or its authorized representative.
OBSTRUCTION: Any rubbish, glass, material, wood, ashes, tacks, metal, earth, stone, structure, or other object, thing, or substance which may interfere with or obstruct the free use or view of the public way by travelers, or injure or tend to injure or destroy or render unsightly the surface of a public way, or which may cause or tend to cause such public way to become restricted in its traffic uses or unsafe or dangerous for travelers thereon.
PERMITTEE: Any person who has been issued a permit and has agreed to fulfill the requirements of this chapter.
PERSON: Means and includes any natural person, partnership, firm, association, public utility company, corporation, company, organization, or entity of any kind.
PUBLIC UTILITY COMPANY: Any company subject to the jurisdiction of the state of Idaho public service commission, or any "person" providing gas, electricity, water, telephone, television, or other utility product or services for use by the general public.
PUBLIC WAY: Means and includes all public rights of way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainageways.
WORK SITE RESTORATION: Means and includes the restoring of the original ground or paved surface to the same (or better) condition than existed before construction commenced, and includes, but is not limited to, repair, cleanup, backfilling, compaction and stabilization, paving, and other work necessary to place the site in acceptable condition following the conclusion of the work. The engineer may require persons working in public ways constructed or resurfaced within three (3) years of the work to employ extraordinary measures in restoring the public way such as applying seal coat or other surface treatment to maintain the overall integrity of the surface. (Ord. 402 § 1, 2003)
It is unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, driveway, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a permit for the performance of such work, and unless such work shall be performed in conformity with the terms and provisions of this chapter and of the permit or permits issued hereunder, except as hereinafter specifically provided. (Ord. 402 § 2, 2003)
It is unlawful for any person, corporation, or utility company to perform any excavation within newly surfaced or resurfaced roadways for a period of at least seven (7) years after surfacing, unless the excavation is an "emergency" as defined in this chapter. The disapproval of an excavation permit by reason of new street construction may be appealed by filing a written request with the city council. The city council shall hear such request within thirty (30) days following notice of such appeal. (Ord. 402 § 3, 2003)
It is unlawful for any person to occupy or use any portion of a public way for the erection or repair of any building abutting thereon without first making application for and receiving a permit for the occupation or use for building purposes, or such limitations and restrictions as may be required by ordinance or by the public convenience. However, no offense construction pursuant to these ordinances and no building material shall remain in place on any public way after the ending date of the permit, unless the city extends the permit. (Ord. 402 § 4, 2003)
No portion of a public way other than that set forth in the permit shall be used for depositing materials for future work or for receiving rubbish arising from such work. All obstructions and other rubbish shall be removed by the permittee at such times as the city may direct and in case of the neglect or refusal of such permittee to remove such rubbish, the city shall cause it to be removed at the permittee's expense, shall bill the permittee for collection, and shall have a civil action for collection in city court. (Ord. 402 § 5, 2003)
Existing drainage channels such as gutters or ditches shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the natural drainage channel, a method of maintaining the flow must be submitted for approval by the city prior to blockage of the channel. (Ord. 402 § 6, 2003)
Barricades or covered walkways for the protection of the general public shall be provided at all times that any work or storage of material is being accomplished under this chapter. (Ord. 402 § 7, 2003)
Each and every person desiring to perform any work of any kind described in this chapter, subject to regulation by this chapter, in a public way within this city shall make application for a permit. Such application shall be filed with the city clerk on a form or forms to be furnished by the city. When necessary, in the judgment of the city to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the city may require the filing of engineering plans, specifications, and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved. (Ord. 402 § 8, 2003
It is unlawful for any person to commence work upon the public way until the city council has approved the application and until a permit has been issued for such work, except as specifically provided to the contrary in this chapter.
A permit shall be issued on approval of the application by the city council. Duration of the permit shall be set at the time of issuance of the permit. If no time is specified, the duration shall be sixty (60) days.
The disapproval of an application by the city may be appealed by the applicant to the city council by filing a written notice of appeal within ten (10) days of the action by the city. The city council shall hear such appeal, if written request therefor has been timely filed as soon as practicable, and render its decision, stating its reasons, within two (2) weeks following the notice of such appeal.
In approving or disapproving work within the public way, or permits therefor, in the inspection of such work; in reviewing plans, sketches, or specifications; and generally in the exercise of authority conferred by this chapter, the city shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons who have no relationship to the use, preservation, or protection of the public way or the use thereof. (Ord. 402 § 9, 2003)
No person shall be eligible to apply for or receive permits to do work within the public ways of the city, save and except for the following:
A.Contractors licensed by the state to perform the work,
B.Public utility companies, or
C.Property owners performing less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach work upon a portion of the public way adjacent to their residence.
However, it is lawful for city or state employees to perform routine maintenance work, not involving excavations, without first having obtained a permit therefor. (Ord. 402 § 10, 2003)
The city shall charge, and the city clerk shall collect before filing an application for a permit, a fee in the amount of one hundred dollars ($100.00) for work involving hard surfaces such as pavement and concrete, and a fee in the amount of fifty dollars ($50.00) for all other requested work. In the event the applicant's application is denied by the city, the city clerk shall refund to the applicant one-half (1/2) of the fee so paid upon application and filing, and retain one-half (1/2) of the fee to cover the city's cost for the review and processing of the application. (Ord. 402 § 11, 2003)
In the event of a cut or excavation, the restoration of the surface shall be accomplished by the permittee.
In the event that for any reason, the city elects to or is required to accomplish any restoration, then the permittee shall be liable for all the costs incurred by the city including materials, labor, and services. The city at the conclusion of the work shall bill such costs to the permittee, or from time to time as the work proceeds, and in the event of nonpayment of all or part thereof, after thirty (30) days, the balance due may be collected by legal action. In the event of nonpayment, the permittee shall not be entitled to receive further permits from the city, or to perform further work within the city's public ways. (Ord. 402 § 12, 2003)
Additional charges to cover the reasonable costs and expenses of any required engineering review, inspection, materials testing, and work site restoration associated with each undertaking may be charged by the city to each permittee, in addition to the permit fee. (Ord. 402 § 13, 2003)
Each permit application shall state the starting date and estimated completion date. Work shall be completed within sixty (60) days from the starting date unless extended by the city for good cause shown. The city shall be notified by the permittee of commencement within twenty four (24) hours prior to commencing work. The permit shall be valid for the time period specified. If the work is not completed during such period, the permittee may apply to the city for an additional permit or an extension, which may be granted by the city if the city finds that work under the original permit, or as extended, has not been satisfactorily performed. (Ord. 402 § 14, 2003)
Permit shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing contained in this section shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance, and other requirements of this chapter and under the permit. (Ord. 402 § 15, 2003)
All work performed in the public way shall, in all respects, conform to the requirements of the engineering regulations, design standards, construction specifications, and traffic control regulations of the city, a copy of which shall be kept on file in the office of the city clerk and shall be open to public inspection during office hours. (Ord. 402 § 16, 2003)
It is unlawful for any person maliciously or wantonly or without authorization and legal costs to extinguish, remove, or diminish any light illuminating any barricades or excavation, or to tear down or remove any rail, fence, or barricades protecting any excavation. (Ord. 402 § 17, 2003)
A person maintaining pipes, lines, or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand.
In the event that emergency work is commenced on or within any public way of the city during regular business hours, the city shall be notified within one-half (1/2) hour from the time the work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and direction and control of traffic.
Any person commencing emergency work in the public way during off business hours without a permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which the city office is open for business after such work is commenced, and a permit may be issued which shall be retroactive to the date when the work was begun, in the discretion of the city. (Ord. 402 § 18, 2003)
Any permit may be revoked or suspended by the city after written notice to the permittee for violation of any condition of the permit, the bond, or of any provision of this chapter; violation of any provision of any other ordinance of the city or law relating to the work; or existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.
A suspension or revocation by the city, and a stop order, shall take effect immediately upon entry thereof by the city and notice to the person performing work in the public way.
A stop order may be issued by the city directed to any person or persons doing or causing any work to be done in the public way without a permit, or in violation of any provision or provisions of this chapter, or whenever the city shall suspend or revoke a permit.
Any suspension or revocation or stop order by the city may be appealed by the permittee to the city council by filing a written notice of appeal within ten (10) days of the action of the city. The city council shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render its written decision within a reasonable time following hearing of the appeal. (Ord. 402 § 19, 2003)
Holders of permits for work on state highways within the city limits, issued by the Idaho department of transportation, shall not be required to obtain permits from the city under the provisions of this chapter. Any city permit shall not be construed to permit or allow work in a state highway within the city without a state highway permit.
The city shall have the right and authority to regulate work under such permits with respect to hours and days of work, and measures required to be taken by the permittee for the protection of traffic and safety of persons and property. (Ord. 402 § 20, 2003)
Each applicant, before being issued a permit, shall provide the city with an acceptable corporate surety bond of ten thousand dollars ($10,000.00) to guarantee faithful performance of the work authorized by permit granted pursuant to this chapter.
The amount of the bond required may be increased or decreased in the discretion of the city whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of bond otherwise required under this chapter.
Public utilities franchised by the city and property owners performing work adjacent to their residences shall not be required to file a corporate surety bond, provided the companies or persons agreed to be fully bound by the conditions set forth hereafter pertaining to comprehensive liability insurance. (Ord. 402 § 21, 2003)
The bond required by the preceding section shall be conditioned such that the person making excavation shall:
A.Fully comply with the requirements of the city ordinances and the regulations, specifications, and standards promulgated by the city relative to the work in the public way, and respond to the city in damages for failure to conform therewith.
B.After an excavation is commenced, the permittee shall proceed with diligence and expedition to promptly complete such work and restore the public way to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.
C.Unless authorized otherwise by the city on the permit, all paving and replacement of street facilities shall be done in conformance with this chapter within seven (7) calendar days from the time the excavation commences, or within three (3) calendar days on major or collector streets, and five (5) calendar days on all other streets from the time the excavation is backfilled, whichever is less, except as provided for during excavation in winter. In any case, every effort should be made to resurface utility cuts immediately after backfilling is completed. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.
D.Guarantee the work site restoration for a period of two (2) years from completion of the restoration, reasonable wear and tear expected. (Ord. 402 § 22, 2003)
Whenever the city finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal into the surety of the bond, if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city to be reasonably necessary for the completion of the work. (Ord. 402 § 23, 2003)
In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the circumstances of the situation, the nature of the work, and the requirements of public safety and for the protection of persons and property), fails either to commence and cause a required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may use its own forces or contract forces or both to accomplish the work, and suit may be commenced by the city attorney against the contractor and bonding company and such other persons as may be liable to recover the entire amount due to the city on account thereof. In the event that cash has been deposited, the cost of performing work may be charged against the amount deposited, and suit brought for the balance due, if any. (Ord. 402 § 24, 2003)
It is unlawful for any person to place, cast, deposit, permit, erect, or suffer to remain in or upon any public way in the city, any "obstruction" as defined in this chapter, without obtaining from the city permission to do so, and then only in strict accordance with the terms and conditions of this chapter and of the express permission granted. (Ord. 402 § 25, 2003)
Before any excavation permit, as provided in this chapter, is issued, the applicant shall furnish to the city a certificate of insurance in a company authorized to issue insurance by the state, evidencing that such applicant has comprehensive general liability and damage policy that includes contractual liability coverage with minimum limits of two hundred fifty thousand dollars ($250,000.00) for injuries, including accidental death to any one person; in an amount not less than five hundred thousand dollars ($500,000.00) on account of injuries sustained in any one accident; and property damage insurance in an amount of not less than one hundred thousand dollars ($100,000.00) for each accident. The insurance policy shall include a provision to indemnify, save harmless, and defend the city and its officers and employees against any and all claims, loss, damage, or expense sustained on account of damages to persons or property occurring by reason of any work made by the permittee, his subcontractors or agents, whether or not the work has been completed. (Ord. 402 § 26, 2003)
The permittee agrees to save the city, its officers, employees, and agents harmless from any and all costs, damages, and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The acceptance of any permit under this chapter shall constitute such an agreement by the permittee whether the same is expressed or not. (Ord. 402 § 27, 2003)
This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by, or by reason of, the performance of any work within the public way, or under a permit issued pursuant to this chapter; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work. (Ord. 402 § 28, 2003)
The city may direct any person owning or maintaining facilities or structures in a public way to alter, modify, or relocate such facilities or structures as the city may require. Sewers, pipes, drains, tunnels, conduits, vaults, trash receptacles, and overhead and underground gas, electric, telephone, and communication facilities shall specifically be subject to such directives. Any directed by the city shall be based upon one of the following grounds: the facility or structure was installed, erected, or is being maintained contrary to law; the facility or structure constitutes a nuisance as defined under state statute or city ordinance; the authority under which the facility or structure was installed has expired or has been revoked; the facility or structure is not in conformity with public improvements proposed for the area; or the public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction.
Any person owning or maintaining facilities or structures in the public way who fails to alter, modify, or relocate such facilities or structures upon notice to do so by the city shall be guilty of a misdemeanor. All costs of alteration, modification, or relocation shall be borne by the person owning or maintaining the facilities or structures involved. (Ord. 402 § 29, 2003)
Any person found to be doing work in the public way without having obtained a permit, as provided by this chapter, shall be required to pay a permit fee equal to two (2) times the normal permit fee as civil penalty. The civil penalty may be enforced in any court of competent jurisdiction. (Ord. 402 § 30, 2003)
A violation of any provision of this chapter shall be a misdemeanor. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse a person from otherwise complying with the provisions of this chapter, nor shall relieve the person of the civil penalties which may be imposed. A conviction under this section shall be punished by a fine not exceeding five hundred dollars ($500.00), by imprisonment not to exceed ten (10) days, or by both such fine and imprisonment, it being the intention of the city council that violation of this chapter is an absolute liability offense. In case the violation is by a firm, corporation, or similar entity, the manager or other person in charge shall, prima facie, be held responsible and be punished as provided in this section. (Ord. 402 § 31, 2003)
A. Short Title: This chapter shall be known as RATES, RULES AND REGULATIONS FOR THE OPERATION OF THE WATER SYSTEM OF THE CITY OF ASHTON, FREMONT COUNTY, IDAHO , and may be so cited and pleaded.
B. Scope: The water department and all customers receiving services from the water department, whether inside or outside the city limits, are bound by these rules and regulations of the water department. (Ord. 350 § 1, 1993)
APPLICANT: The person or persons, firm or corporation, making application for water service from the water department under the terms of these regulations.
AUTO COURT, MOTOR COURT, TRAVEL TRAILER COURT, MOTEL, HOTEL, ETC.: The combination of a group of two (2) or more dwelling units occupying a building site or area under one ownership, used for the purpose of furnishing transient living accommodations.
CITY: The legally constituted municipal government of the city of Ashton, Fremont County, Idaho.
CITY COUNCIL: The legally elected group of members composing the city council, including the mayor, or the city of Ashton, Idaho.
CUSTOMER OR USER: An applicant who has been accepted under the terms of these regulations and who receives water service from the water department.
DUPLEX: A building designed, built, rented or leased for occupancy by two (2) families living independently of each other.
MULTI-FAMILY DWELLING OR APARTMENT HOUSE: Any building or portion thereof which is designed, built, rented, leased, lent or hired out to be occupied or which is occupied as the home or residence of three (3) or more families or persons living independently of each other and doing their own cooking within the premises, which shall include townhouses or condominiums.
SINGLE-FAMILY DWELLING: A building designed for or occupied by one family for living or sleeping purposes, and having kitchen or cooking facilities.
SUPERINTENDENT: The person appointed by the city council to superintend the affairs of the water department.
TRAILER HOUSE OR MOBILE HOME: A detached single-family dwelling unit used or so constructed as to permit it being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
WATER DEPARTMENT: The water department of the city of Ashton, Idaho. (Ord. 350 § 2, 1993)
A. Service Area: The area serviced by the water department shall be all that area included within the corporate limits of the city and such other contiguous and neighboring territory as the city council shall, from time to time, deem necessary to serve.
B. Connection To Water System Required: Every parcel of land or premises within the boundaries of the city, improved by new construction for occupancy and occupied or used by any persons or persons, or as a commercial business, shall be connected to the public water system. The owner or person in charge of such land shall make or cause to be made, such connection within sixty (60) days after receiving official notice from the city to so connect. All charges associated with the laying of pipe from the home or facilities to be served by the city's mains shall be properly designed and constructed in conformity with requirements specified by the city. (Ord. 350 § 3, 1993)
A. Delivery:
1. Supply: The water department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a reasonable pressure and to avoid so far as reasonably possible any shortage or interruption in delivery.
2. Damage: The water department shall not be liable for damage resulting from the interruption in service or from the lack of service. Temporary suspension of service by the water department for improvements and repairs will be necessary occasionally. Whenever possible, and when time permits, all customers affected will be notified prior to shutdowns.
B. Quality: The water department will exercise reasonable diligence to supply safe and potable water at all times.
C. Ownership Of System: All water mains, valves, fittings, hydrants and other appurtenances, except "customer service lines," as defined in subsection 13.04.070A of this chapter, shall be the property of the water department.
D. Classes Of Service: The classes of service shall be residential, commercial, standby fire and contract as further qualified by the number after the class as follows:
1: Inside city limits;
2: Outside city limits.
1. Residential Service: Residential services shall consist of all services for domestic purposes, single-family dwellings, homes and municipal purposes.
2. Commercial Service: Commercial services shall consist of those services where water is used for commercial services, such as businesses and multi-family dwellings.
3. Standby Fire: Standby fire services shall consist of those services where water is available or used for fire protection only.
4. Contract Service: Contract services shall consist of those services for industrial or independent water district purposes under contracts authorized by the city council.
E. Special Contracts: When the applicant's requirements for water are unusual or large, such as an independent water district, or necessitate considerable special or reserve equipment or capacity, the water department, by authorization of the city council, reserves the right to make special contract, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. This special contract shall be in writing, signed by the applicant and approved by the city council and city attorney and signed by the mayor and city clerk of the city.
F. Resale Of Water: Resale of water shall be permitted only under special contract, in writing, between the city council and the persons, parties or corporation selling the water.
G. Service Preference: In case of shortage of supply, the water department reserves the right to give preferences in the matter of furnishing service to customers and interest of the water department from the standing of public convenience or necessity. Water service to users outside of the city limits shall at all times be subject to the prior and superior rights of the customers within the city limits. (Ord. 350 § 4, 1993)
A. Application Form: Each applicant for water service shall sign an application form provided by the water department giving the date of application, location of premises to be served, the date applicant desires services to begin, purpose for which services is to be used, the address from mailing of the billings, the class and the size of the meter service and such other information as the water department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the water department. The application is merely a written request for service and does not bind the water department to serve.
B. Deposits And Establishment Of Credit: At the time application for service is made, the applicant shall establish his credit with the water department.
1. Deposit Requirements And Establishment Of Credit: With each and every application for water service to be supplied through the water system of the city, there shall be deposited with the city clerk a sum in cash, the amount to be determined by resolution of the city council upon the passage of this chapter and be reviewed annually and updated by resolution of the council.
2. Deposits: At the time the deposit is given to the water department, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. In the event the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded. The water department will not pay interest on any deposits.
3. Forfeiture Of Deposit: If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all outstanding bills due the water department have been paid and the cash deposit replaced, together with a service charge as provided in subsection 13.04.110F of this chapter.
C. Application Amendments: Customers desiring a material change in the size, character or extent of equipment or operation which would result in a material change in the amount of water used shall give the water department written notice of such change prior to the change and the application for service shall be amended. Customers desiring a change in the size, location or number of services shall fill out an amended application. (Ord. 350 § 5, 1993)
A. Within The City Limits: Water main extensions to areas within the city limits not presently served with water shall be installed under procedures to be established by the city council. Subdividers for newly partitioned properties will assume all costs of main extensions with the approval of the city council.
B. Outside The City Limits: Water mains outside the city limits shall be extended only at the expense of the customers serviced. The main extensions shall become the property of the water department at the time installed. The city council shall determine the size of the main extensions and all extensions shall be of a suitable material approved by the city council. Extensions outside the city limits shall be installed by the water department or by contractors approved by the water department. The installation procedures and materials used shall be in accordance with the city and the state of Idaho standards.
C. Locations Of Extensions: The water department will make water main extensions only on rights of way, easements or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of the city, along with all rights and title to the main at the time the service is provided to the customers paying for the extension. (Ord. 350 § 6, 1993)
A. Definition: The "service connection" shall be that part of the water distribution system which connects the meter to the main and shall normally consist of corporation stop, service pipe, curb stop and box, meter, meter yoke and meter box. The "customer service line" shall be that part of the piping on the customer's property that connects the service to the customer's distribution system.
B. Ownership, Installation And Maintenance: The water department shall own, install and maintain all services and installation and maintenance shall only be performed by authorized employees of the water department. The customer shall own, install and maintain the customer service line.
C. Service Connection Charge: At the time the applicant files for service where no service previously existed, or if he is filing for a change in service size or location, he shall submit with his application the service connection charge. This charge is to cover the actual cost to the water department to install the service from the main to and including the meter and meter housing. The service connection charge shall be established by the council by resolution upon the passage of this chapter and be reviewed annually and updated by resolution of the council.
D. Size Of Service: The water department will furnish and install a service of such size at such locations as the applicant requests, provided such requests are reasonable and that the size requested is one that is listed by the water department. The minimum size of service shall be determined by the water department. The water department may refuse to install a service line which is undersized or oversized as determined by a study and report of the superintendent to the city council.
E. Changes In Service Size: Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of actual cost to the water department for making the change.
F. Length Of Service:
1. Where the main is in a public right of way, the meter if required will be placed at the right of way line nearest the property to be serviced for the standard connection fee, provided the length of service line does not exceed the width of the right of way.
2. Where the main is on an easement or publicly owned property other than designated rights of way, the services shall be installed to the boundary of the easement or public property by the water department, provided the length of service does not exceed thirty feet (30').
3. If, in either case cited above, the length of service line to the meter location exceeds the maximum stated, the applicant shall pay the extra cost of the line on the basis of actual cost to the water department for labor, materials and equipment plus fifteen percent (15%).
G. Joint Service Connections:
1. The water department may, at its option, serve two (2) or more premises with one connection. On new service connections, the inside diameter of such joint lines shall be sufficient to provide a carrying capacity of not less than the combined capacity of individual service lines of the same size as the meters installed.
2. Service extensions from an existing service to other occupancies or ownerships than that for which the existing service was intended shall not be permitted, nor shall separate residences be permitted to receive service through one meter except under special considerations approved by the city council.
H. Number Of Service Connections On Premises: The owner of a single parcel of property may apply for and receive as many services as he and his tenants may require, provided his application or applications meet the requirements of the policies, rules and regulations.
I. Standby Fire Protection Service Connections:
1. Purpose: Standby fire protection connections of two inch (2") size and larger will be installed only if adequate provisions are made to prevent the use of water from such services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water operated alarms shall be considered as having such provisions. The water department may require that a suitable detector check meter be installed in the standby fire protection service connections, to which hose lines or hydrants are connected. All piping on the customer's premises shall be installed in accordance with the plumbing code of the state of Idaho.
2. Charges For Service: Charges for standby fire protection service shall be determined by resolution by city council upon written request for a standby fire protection connection. No charge will be made for water used in the standby fire protection services to extinguish accidental fires or for routine testing of the fire protection system. The customers shall pay the full cost of the standby protection service connection, any required detector check meters, and any required special water meter installed for the service to the standby connection.
3. Violations Of Regulations: If water is used from a standby pipe connection service in violation of these regulations, an estimate of the amount used will be computed by the water department. The customer shall pay for the water used at the regular rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates.
J. Fire Service Connections Other Than Standby: A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered as an ordinary service and metered as such. All water used through that service, regardless of its use, will be charged at the regular rates.
K. Temporary Service Connections: For water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material furnished by the water department. The applicant shall also pay his water bill in advance and based on an estimate of the quantity to be used, or he shall otherwise establish satisfactory credit.
1. Time Limit: Temporary service connections shall be disconnected and terminated within six (6) months after installation unless an extension of time is granted in writing by the water department.
2. Charge For Water Served: Charges for water furnished through a temporary service connection shall be at the established rates set forth in the current water rate schedule.
3. Installation Charge And Deposits: The applicant for temporary service will be required:
a. To pay the water department in advance, the estimated cost of installing and removing all facilities necessary to furnish each service;
b. To deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used, or to otherwise establish credit approved by the water department;
c. To deposit with the utility an amount equal to the value of any equipment loaned by the water department to such applicant under the terms of subsection K4 of this section.
4. Responsibility For Meters And Installation: The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the water department. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit fund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service.
L. Customer's Plumbing:
1. Plumbing Code: The customer's plumbing, which shall include the customer's service line and all plumbing, piping, fixtures and other appurtenances carrying or intended to carry water, sewer or drainage, shall comply with the plumbing code of the state of Idaho.
2. Control Valves: Customers shall install a suitable control valve in the customer service line as close to the meter as possible, the operation of which will control the entire water supply to the premises served. In the event a customer's service is discontinued for any reason, a control valve must be installed, if none exists, as provided by this section.
M. Unauthorized Operation: It shall be a violation of these rules and regulations for the customer to operate, cause or permit unauthorized operation of the meter stop or any appurtenances on the service connection. (Ord. 350 § 7, 1993)
A. Ownership: The water department will own and maintain all water meters. The water department will not pay rent or any other charge for a meter or other water facilities, including housing and connections on a customer's premises.
B. Installation: Installation of water meters shall be performed only by authorized employees of the water department. All meters shall be sealed by the water department at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.
C. The Size And Type Of Meter: Applicant may request and receive any size meter regularly stocked or furnished by the water department, provided the request is reasonable and further provided that the meter is not greatly oversized or undersized, as determined by the water superintendent. The water department reserves the right to determine the type of meter to be installed.
D. Location Of Meters: Meters shall normally be placed at the curb or property lines; the meter will be installed wherever the applicant desires within reason, but the location must be approved by the water department. The meters will not be located in driveways or other location where damage to the meter or its related parts may occur.
E. Joint Use Of Meters: The joining of several customers to take advantage of the single minimum charges and large quantity rates shall be prohibited, except under special contract, in writing, with the city council.
F. Changes In Size Or Location: If for any reason a change in the size of a meter and service is required, the installation will be accomplished on the basis of a new connection, and the customer's application shall be amended. Meters or services moved for the convenience of the customer will be relocated only at the customer's expense. (Ord. 350 § 8, 1993)
A. Setting, Review And Revision Of Rates: The water user charges shall be established by resolution by the council upon the passage of this chapter. Water user charges shall be reviewed at least annually and updated by resolution of the council, to reflect actual costs of operation, maintenance, replacement and financing of the water system and its facilities. Any revisions of the user charges shall be based on actual operation, maintenance, replacement and financing expenses and the total water usage. Revisions due only to changes in expenses and user class shall be made by the city. All changes in user charges applicable to this chapter shall be computed by the methods outlined herein.
B. Outside City Limits: Water charges for the use of the water system outside of the city shall be established on an individual user basis by resolution of the council and may be changed from time to time by resolution of the council. (Ord. 350 § 9, 1993)
A. Notices To Customer: Notices from the water department to the customer will normally be given in writing and either mailed or delivered to him at his last known address. Where conditions warrant and in emergencies, the water department may notify either by telephone or messenger.
B. Notices From Customer: Notices from the customer to the water department may be given by the customer or his authorized representative orally or in writing at the office of the water department in the city hall or to an agent of the water department duly authorized to receive notices or complaints. (Ord. 350 § 10, 1993)
A. Meter Readings:
1. Meters will be read and customers billed on the basis of the meter reading to the nearest one hundred (100) gallons.
2. The water department will keep an accurate account on its books of all readings of meters and such account so kept shall be offered at all times, places and courts as prima facie evidence of the use of water service by the customer.
B. Rendering Of Bills:
1. Billing Period: All meters shall be read and bills rendered monthly.
2. Bills For Other Than Normal Billing Period: Opening or closing bills, or bills that for any other reason cover a period containing ten percent (10%) more days or ten percent (10%) less days than in the normal billing period shall be prorated.
3. Bills For More Than One Meter: All meters supplying a customer's premises shall be billed separately, except that where the water department has for operating purposes installed two (2) or more meters in place of one, the reading may be combined for billing.
C. Disputed Bills: When a customer disputes the correctness of a bill, he shall deposit the amount of the disputed bill at the time the compliant is lodged, to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make such a deposit shall warrant discontinuance of service as provided under subsection F of this section.
D. Failure To Read Meters: In the event that it shall be impossible or impractical to read a meter on the regular reading date, the water consumption shall be prorated on the basis of thirty (30) days per month and the total water consumption for billing purposes for that period shall be estimated.
E. Payment Of Bills: Each bill rendered shall contain the final date on which payment is due. If the bill is not paid by that date, the account shall be considered delinquent, unless other arrangements have been made with the water department in writing that specify another due date.
F. Delinquent Accounts:
1. Delinquent Notice: A reminder of account delinquency may be sent, at the discretion of the city recorder, to each delinquent account on or about ten (10) days after the account becomes delinquent.
2. Late Charges: Sixty (60) days after an account becomes delinquent, late charges shall be assessed. An account is delinquent on the day following the due date. Delinquent account late charge shall be established by the council by resolution upon the passage of this chapter and be reviewed annually and updated by resolution of the council.
3. Turnoff Notice: On or about fifteen (15) days after an account becomes delinquent, a turnoff notice may be sent to the customer. Said notice shall state a date on which water will be turned off if delinquent account is not paid in full prior thereto.
4. Service Turnoff: On the turnoff date, the meter reader or other agent of the city shall deliver a written notice to the customer stating that the water service is being turned off until all delinquent amounts have been paid. The meter reader or other agent of the city shall immediately thereafter turn off the service. Delivery of notice to the premises served by the meter reader shall be considered delivery to the customer.
5. Service Charge: In all instances where water has been turned off because of delinquent accounts, a service charge shall be made for the restoration of services and replacement of cash deposit, as stated in subsection 13.04.050B of this chapter, will be required. The service charge for restoration of delinquent accounts shall be established by the council by resolution upon the passage of this chapter and be reviewed annually and updated by resolution of the council.
G. Installment Payment Of Delinquent Accounts: In cases of extreme hardship, the city shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount, installment period not to exceed the period of time the account was delinquent. (Ord. 2000-02, 2000; Ord. 350 § 11, 1993)
A. Meter Accuracy: All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service which is known to have an error in registration in excess of two percent (2%) under conditions of normal operation.
B. Meter Test:
1. Standard Test: Meter tests will be conducted in accordance with standards of practice established by the American Water Works Association.
2. On Customer Request: A customer may, giving not less than seven (7) days' notice, request the water department to test the meter servicing his premises. The water department will require the customer to deposit the testing fee. This fee shall be an estimate of the cost of testing the meter as determined by the water superintendent. The deposit will be returned to the customer if the test reveals the meter to over register more than two percent (2%) under the standard test conditions; if less than two percent (2%) the deposit shall be retained by the water department. Customers may at their option witness any meter tests which they request.
3. On Water Department Request: If, upon comparison of past water usage, it appears that a meter is not registering properly, the water department may at its option test the meter and adjust the charges accordingly if the meter either over registers or under registers. No charge for meter testing will be made to the customer for the meter test under these conditions.
C. Adjustments Of Bill For Meter Error:
1. Inaccurate Meters: No credits or debits will be borne by the city or the customer should the tested meter show variance, high or low, from the accuracy defined in subsection A of this section.
2. Nonregistering Meters: The water department will bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer's prior use during the same season of the year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same season and under similar circumstances and conditions. (Ord. 350 § 12, 1993)
A. On Customer Request:
1. Each customer about to vacate any premises supplied with water service by the water department shall give the water department written notice of his intentions at least three (3) working days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all water supplied to such premises until the water department shall receive notice of such removal.
2. At the time specified by the customer that he expects to vacate the premises where service is supplied or that he desires to be discontinued, the meter will be read and a bill rendered which is payable immediately. In no case will the bill be less than the monthly minimum specified in the schedule applying to the class or classes of service furnished.
B. Nonpayment Of Bills: A customer's water service may be discontinued if the water bill is not paid in accordance with the procedures listed in subsection 13.04.110F of these rules and regulations.
C. Nonpayment Of Sewer Service Charges: If said sewer service charges are not paid when due by any such person, firm or corporation whose premises are served or who are subject to the charges herein provided, water service provided to that customer by the city water department may be discontinued because of the default in the payment of the sewer service charges. As an additional alternative method, if such rates and charge are not paid when due by any such person, firm or corporation, the amounts so unpaid may be certified by the city recorder to the county assessor of Fremont County, Idaho, and shall be by him assessed against the premises served as provided by law and shall be collected and paid over to the city in the same manner as other taxes are assessed, collected and paid over, with interest. Interest on unpaid bills shall run from the due date thereof at a rate to be determined by the city. Such unpaid charges may also be recovered in an action at law in the name of the city, with interest as aforesaid.
D. Improper Customer Facilities:
1. User Responsible For Compliance: The city shall not perform or be liable for any inspection to determine if users' plumbing facilities conform to the state of Idaho plumbing code. All users shall be required to bring their own facilities into compliance with the code, performing such inspections as the user deems necessary. The city shall have no liability for unsafe user facilities or for failure of the user to bring such facilities into code compliance.
2. Unsafe Facilities: The water department may refuse to furnish water and may discontinue services to any premises without prior notice where plumbing facilities, appliances or equipment using water are dangerous, unsafe or not in conformity with the plumbing code of the state of Idaho.
3. Cross Connections:
a. A "cross connection" is defined as any physical connection between the water department's system and another water supply. The Idaho state health division and the U.S. environmental protection agency prohibit cross connections.
b. The water department will not permit any cross connection and will discontinue service to any persons or premises where a cross connection exists. Service will not be restored until the cross connection is eliminated. Customers using water from one or more sources in addition to receiving water from the water department on the same premises shall maintain separate systems for each; and the water department's water supply facilities shall be separated from any and all other systems by an air gap of not less than one foot (1'), or if in the ground, by not less than five feet (5').
E. Water Waste: Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the water department may discontinue service if such conditions are not corrected after due notice by the water department, after taking into consideration nature and extent of waste.
F. Service Detrimental To Others: The water department may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.
G. Fraud Or Abuse: The water department will refuse or discontinue service to any premises where it is deemed necessary to protect the water department from fraud or abuse. Discontinuance of service from one or both of these causes will be made immediately upon receipt of knowledge by the water department that the condition or conditions exist.
H. Unauthorized Turn On: Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting off the water at the main or removing the meter shall be computed at actual cost to the water department plus fifteen percent (15%) overhead. These charges shall be billed to the offending customer and water shall not be furnished to the premises or customer until such charges are paid and the water department has reasonable assurance that the violation will not reoccur.
I. Noncompliance With Regulations: The water department may, upon five (5) days' notice, discontinue service to a customer's premises for failure to comply with any of the provisions of these regulations. (Ord. 350 § 13, 1993)
A. Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges plus a restoration charge and posting a deposit as hereinbefore provided.
B. Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse or for noncompliance with any of the policies, rules and regulations will only be made after the irregularity has been corrected and the water department has been assured that the irregularity will not reoccur. The restoration charge as herein provided shall be in addition to any other charges due or past due that the water department may have incurred to correct the irregularity. (Ord. 350 § 14, 1993)
A. When an abnormally large quantity of water is desired for filling a swimming pool, pond, or for other purposes, arrangements must be made with the utility prior to taking such water.
B. Permission to take water in unusual quantities will be given only if the water department facilities and other consumers are not inconvenienced. (Ord. 350 § 15, 1993)
All duly appointed employees of the water department, under the direction of the water superintendent, shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered for the purposes of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The water department does not, however, assume the duty of inspecting the customer's line, plumbing and equipment, and shall not be responsible therefor. (Ord. 350 § 16, 1993
A. Responsibility For Customer Equipment: The water department shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer's line, plumbing or equipment, nor shall the water department be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for valves on his premises being turned off when the water service is turned on.
B. Responsibility For Water Department Equipment: Water department equipment on the customer's premises remains the property of the department and may be repaired, replaced or removed by the department employees at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace or remove water department equipment on his premises. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operations and maintenance.
C. Damage To Water Department Equipment: The customer shall be liable for any damage to equipment owned by the water department which is caused by an act of the customer, his tenants, agents, employees, contractors, licensees or permittees. Damage to equipment shall include, but not be limited to, breaking of seals and locks, tampering with meters, injury to meters, including, but not limited to, damages by hot water, steam, and damaged meter boxes, curb stops, meter stops and other appurtenances. (Ord. 350 § 17, 1993)
A. Operation: No person or persons other than those designated and authorized by the water department shall open any fire hydrant belonging to the water department, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where a temporary service has been granted and receives water through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.
B. Moving A Fire Hydrant: When a fire hydrant has been installed in the locations specified by the proper authority, the water department has fulfilled its obligation. If a property owner or other party desires to change the size, type or location of the hydrant, he shall bear all costs of such changes. Any changes in the location of a fire hydrant must be approved by the water department and the fire department. (Ord. 350 § 18, 1993)
Any person violating any of the provisions of these rules and regulations shall, upon conviction thereof, be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 350 § 19, 1993)
No employee of the water department is authorized to suspend or alter any of the policies, rules and regulations cited in this chapter without specific approval or direction of the city council, except in cases of emergency involving loss of life or property or which would place the water system operation in jeopardy. (Ord. 350 § 20, 1993)
Each applicant and user gives and grants to the city an easement and right of way on and across his property for the installation of water mains and the necessary valves and equipment in connection therewith. (Ord. 350 § 21, 1993)
A. Any charges for use of municipal water, wastewater collection and treatment, street lighting services and solid waste collection and transportation shall be the legal responsibility of the property owner of record. From the effective date of this section, each municipal utility account shall be the responsibility of the owner of the property served by the city. Each property owner shall execute such documentation as may be required by the city as a condition of receiving continuing utility service. The city may allow the party responsible for payment of such utility charges on the date of enactment of this section to remain responsible therefor until an unremedied delinquency occurs or until a new primary payer is proposed. For utility accounts which have been paid by a tenant, the owner of said property may continue to have the tenant continue to pay so long as the owner agrees to serve as guarantor of such accounts in the event of nonpayment by the authorized tenant. If a tenant becomes delinquent in payment of a utility account such that service is discontinued by the city, no subsequent tenant shall be authorized to initiate service at such location or address until all delinquent charges and assessments have been paid in full. Further, in the city's sole discretion the city may require an increased deposit or security guarantee upon evidence of any delinquency or failure of past performance.
B. The finance director may waive, in writing, the requirement that the underlying property owner be responsible to guarantee payment of commercial utility charges upon a showing by a commercial tenant that it is creditworthy and/or upon the maintenance of a deposit deemed adequate to assure payment of utility charges to be incurred. In order to confirm information of creditworthiness, the finance director may require a credit report at the expense of the tenant or property owner and such other evidence of creditworthiness as the finance director deems reasonably necessary. The waiver of owner responsibility authorized above must be requested by the owner and must list the name and address of tenant for whom it is requested. Any such waiver will only remain in effect for the duration of the tenancy of the tenant named in the waiver. Any subsequent request for waiver by a property owner for a different tenant shall require a new application. Further, for commercial accounts, the finance director is authorized to establish deposit requirements and amounts in whatever amount deemed reasonably necessary to assure payment of the utility charges in question. At any time the finance director may give notice to the property owner that a guarantee waiver has been revoked and that the guarantee requirements of this code have been reinstated. The city administrator and finance director are authorized to take such steps as may be necessary to implement the provisions of this section. (Ord. 401 § 1, 2003)
A. A utility deposit in an amount to be established by resolution of the city council shall be paid to the treasurer for every new service or connection to the water system. A deposit shall also be required on each occasion that the utility account is past due for forty five (45) days or more. The deposit shall be returned after one year of on time payments or when the service is discontinued, whichever is first. Return of the deposit at the termination of service shall include a setoff of any unpaid utility charges then due the city. Further, the finance department of the city is authorized to charge additional service fees, to be set by resolution of the city council, when utility accounts have become delinquent through nonpayment or when specific services are made necessary because of disconnection of service on either voluntary or involuntary grounds. Rate adjustments based upon economic necessity and will-pay agreements are authorized hereby.
B. There shall be charged for every water connection to the water main of the city, where there has been no prior service to the land, premises or building for which the connection is made or where an increase in demand due to a change in use or water requirement is effected and for the installation of a water meter, a hook up fee in such amount as shall be determined by the city council and approved by resolution set forth in the minutes of the meeting at which the fee is opted. (Ord. 401 § 1, 2003)
All water charges shall constitute a lien upon the property to which service is made, and the clerk shall certify to the county treasurer, at the same time as other levies are certified, the amount of unpaid water charges upon each parcel of property within the city. (Ord. 401 § 1, 2003)
BOD (BIOCHEMICAL OXYGEN DEMAND): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter.
CITY: The city of Ashton, Idaho.
COLLECTION SYSTEM: The system of public sewers to be operational by the city designed for the collection of sanitary sewage.
MAY: Permissible.
OPERATION AND MAINTENANCE: All activities, goods, and services which are necessary to maintain the proper capacity and performance of the treatment works for which such works were designed and constructed. The term "operation and maintenance" shall include "replacement" as defined hereinafter.
PERSON: Any individual, firm, company, association, society, corporation, or group.
PUBLIC TREATMENT WORKS: A treatment works owned and operated by a public authority.
REPLACEMENT: Acquisition and installation of equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
SERVICE AREA: All the area served by the treatment works and for which there is one uniform user charge system.
SEWAGE: A combination of water carried wastes from residences, business building, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
SEWAGE TREATMENT PLANT: An arrangement of devices and structures used for treating sewage.
SHALL: Mandatory.
SUSPENDED SOLIDS: Solids that either float on the surface or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
TREATMENT FACILITIES: All facilities for collecting, pumping, treating, and disposing of sewage. "Treatment system" and "sewerage system" shall be equivalent terms for "treatment works".
USER: Every person using any part of the public treatment works of the city of Ashton.
USER CHARGE: The periodic charges levied on all users of the public treatment works, and shall, at a minimum, cover each user's proportionate share of the cost of operation and maintenance. (Ord. 284, 1980)
The city shall have exclusive control and management of the municipal sewer collection and treatment facility belonging to the city. All persons in the city who desire to discharge waste or sewerage from any building or structure located in the city shall make application to the city clerk and upon acceptance by the mayor and city council shall be entitled to hook onto the city sewerage collection and treatment facility. (Ord. 323 § 1, 1985)
It is expressly provided that there shall be no private sewerage disposal systems, cesspools, septic tanks, drain fields, vaults or other means of collection of sewerage in the city. All sewerage from any building or structure in the city shall be collected by the city sewer system unless a variance is granted by the mayor and city council for installation of a septic tank and drain field to be constructed outside of the city limits to collect sewerage from a private residence or building. (Ord. 323 § 2, 1985)
This is a user charge system for a small community which follows model number one in appendix B of the federal register, dated September 27, 1978. This treatment works is primarily flow dependent and will utilize the equivalent user concept. The equivalent user system has been set up based on flow.
A sewer user charge shall be levied on all users of the sewage collection and treatment facilities, to cover the actual or estimated costs of operation, maintenance, replacement and financing of this facility. The user charge system shall distribute these costs to each user or user class in approximate portion to such user's contribution to the total wastewater loading of such facilities. (Ord. 284, 1980)
The rate for all services rendered by the sewer system of the city shall be as determined from time to time by resolution of the mayor and city council of the city. (Ord. 411-04 § 2, 2004; Ord. 323 § 3, 1985)
The sewer user rates for each user (or user class) shall be based on the user's contribution to the total wastewater loading of the treatment facilities in comparison to a standard equivalent user as defined below. Each user (or user class) shall be assigned a number of equivalent users to be multiplied by a constant monthly cost factor to determine the basic user monthly rate. Special users contributing sewage of excessive flow and/or strength, for which the tabulated equivalent users below do not apply, shall be individually calculated as provided below. (Ord. 284, 1980)
(Rep. by Ord. 411-04 § 1, 2004)
The sewer user charges shall, as a minimum, be reviewed annually and updated to reflect actual costs of operation, maintenance, replacement, and financing of the sewage collection and treatment facilities and to maintain the equitability of the user charges with respect to proportional distribution of the costs of operation and maintenance in proportion to each user's contribution to the total wastewater loading of the treatment works. Any revisions of the user charges shall be based on actual operation, maintenance, replacement, and financing expenses, and/or on significant changes in the total number of equivalent users, the total daily flow, the total daily suspended BOD or solids. The city may install flow measuring devices and/or collect wastewater samples at any time in any user's service line to determine actual usage as a basis for revision of the user's charge. Revisions due only to changes in expenses and user class shall be made by the city. Revisions involving user's flow, BOD and/or suspended solids shall normally only be made upon the recommendation of a registered professional engineer. All changes in user charges applicable to this chapter shall be computed by the methods outlined herein. (Ord. 284, 1980)
Any sewer user, who feels his user charge is unjust and inequitable as applied to his premises within the spirit and intent of the foregoing provisions, may make written application to the city council requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made. Any flow measurements and/or testing of wastewater shall be approved in detail by the city and/or its engineer. Review of the request by the city council shall determine if it is substantiated or not, including recommending further study of the matter for the city and/or user by a registered professional engineer or change of user charge. (Ord. 284, 1980)
Charges for dumping septic tank wastes at the city's sewage treatment plant shall be based on the total capacity of each truck tank. These charges shall cover costs of operation and maintenance of the treatment plant and any appropriate local capital costs allowable to the treatment of these wastes. The strengths of 8,700 mg BOD/1, 20,000 mg SS/1 shall be assigned to these wastes from which the following charges were derived:
$2.00/100 gallon tank capacity per load
(Ord. 284, 1980)
The sewer user charge for all occupied property shall begin sixty (60) days after the sewer service becomes available or the day that connection is made to the public sewer, whichever occurs first. The sewer user charge for all unoccupied property shall begin within thirty (30) days after the property is ready for occupancy or on the first day of occupancy, whichever occurs first. All unoccupied property which is ready for occupancy at the time of the sewer service becoming available shall be treated as occupied property. Once the sewer user charge has commenced, no credit shall be given for vacancy unless it can be demonstrated that water service to that property from any and all sources has been discontinued, at which time the user charge shall be reduced to no less than two dollars ($2.00) per month, per equivalent user and the regular user charge shall be reinstated as soon as water service to that property from any source has begun. If the dates upon which the user charge is commenced or altered does not fall on the first day of a billing period, the rates shall be appropriately prorated. (Ord. 284, 1980)
A single user having more than one classification of use shall be charged the sum of the charges for those classifications. (Ord. 284, 1980)
The person who owns the premises served by the sewerage system shall be responsible for payment of the sewer user charge for that property notwithstanding the fact that the property may be occupied by a tenant or other occupant who may be required by the owner to pay said charges. (Ord. 284, 1980)
The users of the sewerage system shall be billed on a monthly basis for services after rendered in accordance with the rate schedule as set forth in section 13.08.070 of this chapter. (Ord. 284, 1980)
The date of billing shall be the first day of the month for which the sewer user charge is calculated as provided in this chapter. (Ord. 284, 1980)
Sewer user charges shall be due and payable to the city recorder no later than ten (10) days after the date of billing. (Ord. 284, 1980)
In the event of the failure to pay any bill for sewerage collection within forty (40) days from the date rendered, there shall become due in addition to all other rates, tolls and charges then due a penalty of twenty five percent (25%) of the unpaid bill together with any and all costs of collection. In addition thereto, the city may disconnect any sewer line for nonpayment of sewer fees. (Ord. 323 § 5, 1985)
Sewer service shall not be restored until all charges, including interest accrued and the expense of removal, closing, and restoration shall have been paid. (Ord. 284, 1980)
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. (Ord. 284, 1980)
Any cost incurred by the city in making any sewer connection, installing sewer pipe for collection of sewerage from a residence or building or disconnecting a sewer line shall be charged to the property owner being served by such sewer line or connection. (Ord. 323 § 4, 1985)
Bills for sewer user charges shall be mailed to the address specified in the application for permit to make the connection unless or until a different owner or user of the property is reported to the city public works. (Ord. 284, 1980)
All collections of sewer user charges shall be made by the city clerk. Sewer user charges shall be computed as provided in this chapter and shall be payable as provided in this chapter. (Ord. 284, 1980)
The officers of the city are authorized to take all action necessary or appropriate to collect the rates, tolls and charges for sewerage collection. (Ord. 323 § 6, 1985)
The city clerk is hereby directed to deposit in the sewer treatment fund all of the gross revenues received from charges, rates, and penalties collected for the use of the sewerage system as herein provided. (Ord. 284, 1980)
The revenues thus deposited in the sewer treatment fund shall be used exclusively for the operation, maintenance, and repair of the sewerage system; reasonable administration costs; expenses of collection of charges imposed by this chapter, connection fees and payments of the principal and interest on any debts of the sewerage system of the city. (Ord. 284, 1980)
Violation of this chapter shall be a misdemeanor for each day this chapter is violated and shall be punishable by a fine of up to three hundred dollars ($300.00) and/or imprisonment in the Fremont County, Idaho, jail for up to thirty (30) days for each violation. (Ord. 323
The purpose of this chapter is to protect the public health of water consumers of the city by the control of actual and/or potential cross connections. (Ord. 291 § 1, 1980)
BACKFLOW: The flow other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of the city water supply.
BACKFLOW PREVENTION DEVICE: A device to counteract back pressure or prevent back siphonage.
CITY: The city of Ashton and its designated representatives.
CONTAMINATION: The entry into or presence in a city water supply of any substance which may be deleterious to health and/or quality of the water.
CROSS CONNECTION: Any physical arrangement whereby the city water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing future or other device which contains or may contain contaminated water sewage, or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the city water supply as a result of backflow. (Ord. 291 § 2, 1980)
No water service connection to any premises shall be installed or continued in the city unless the water supply is protected by backflow prevention devices as may be required by this chapter, Idaho Code and all standards, rules and regulation of the state of Idaho, the Idaho department of health and welfare and any other federal, state, county or city authority or agency thereof. The installation or maintenance of a cross connection which will endanger the water quality of the potable water supply of the city shall be unlawful and is prohibited. Any such cross connection now existing or hereafter installed is declared to be a public nuisance and the same shall be abated. The control or elimination of cross connections shall be in accordance with this chapter, Idaho Code and all standards, rules and regulations of the state of Idaho, the Idaho department of health and welfare and any other federal, state county or city authority or agency thereof, together with the latest addition of appropriate manuals of standard practice pertaining to cross connection control enacted by the city and any applicable county, state and federal authorities and agencies. The city shall have the authority to establish requirements more stringent than state regulations if it deems that the conditions so dictate. (Ord. 291 § 3, 1980)
A. Backflow prevention devices shall be installed in connection with water service connections or within any premises where, in the judgment of the city, the nature and extent of the activities, or the materials stored on the premises, would present an immediate and dangerous hazard to health and/or be deleterious to the quality of the water should a cross connection occur; even though such cross connection does not exist at the time the backflow prevention devices shall be installed under circumstances including, but not limited to, the following:
1. Premises having an auxiliary water supply, unless the quality of the auxiliary supply is in compliance with Idaho Code, and all standards, rules and regulations of the state of Idaho, the Idaho department of health and welfare and any other federal, state, county or city authority or agency thereof and is acceptable to the city;
2. Premises having internal cross connections that are not correctable, or 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 be made with sufficient frequency or at sufficiently short notice to ensure that cross connections do not exist;
4. Premises having a repeated history of cross connections being established or reestablished;
5. Premises on which any substance is handled under pressure so as to permit entry into the city water supply, or where a cross connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters;
6. Premises where materials of a toxic or hazardous nature are handled in such a way
A. No water shall be delivered to any structure hereafter built within the city or within areas served by city water until the same shall have been inspected by the city for possible cross connections and been approved as being free of the same.
B. Any construction for industrial or other purposes which is classified as hazardous facilities pursuant to subsection 13.12.040A7 of this chapter, where it is reasonable to anticipate cross connections, or as determined by the city, shall be protected by the installation of one or more backflow prevention devices at the point of service from the city water supply or any other location designated by the city, and applicable county, state and federal authorities and agencies.
C. Inspections may be made periodically of all buildings, structures, or improvements of any nature now receiving water through the city's system, for the purpose of ascertaining whether cross connections exist.
Such inspections shall be made by the city or applicable county, state and federal authorities and agencies. (Ord. 291 § 5, 1980)
If cross connection control device(s) are found to be necessary, the owner of the property served must apply to the city for a specific installation permit. (Ord. 291 § 6, 1980)
A. In the event an improper cross connection is not corrected within the time limits set by the city or in the event the city is refused access to any property for the purpose of determining whether or not cross connections exist, the city may cease delivery of water to the property until the deficiency is corrected to the city's satisfaction.
B. In addition, the city without waiving any terms of this chapter may, but shall not be required to, effect the necessary repairs or installations at the expense of the property owner and refuse delivery of water to the property until the cost thereof shall have been paid Violations of this chapter are declared to be a nuisance, and the city, after notice to the customer or property owner to remove or correct the violation, may prevent, remove and abate the same at the expense of the party creating or maintaining the same, in which event the city may levy a special assessment as provided in Idaho Code 50-1008 on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same. (Ord. 291 § 7, 1980)
In addition to, or in lieu of the foregoing, the city may bring any appropriate civil action, including abatement, injunction and/or damages in which event the city shall be entitled to all costs including attorney fees in the prosecution of such action. (Ord. 291 § 8, 1980)
In addition to the foregoing, any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties as provided by law. (Ord. 291 § 9, 1980)
This chapter shall not be construed to hold the city responsible for any damage to persons or property by reasons of the inspection or testing herein, or the failure to inspect or test or by reason of approval of any cross connections. (Ord. 291 § 10, 1980)
The purpose of this chapter is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. (Ord. 407-03 § 1, 2003)
Permits required under this title require fees be paid at time of issuance of said permit, unless specified otherwise herein. Permit fees shall be based upon the valuation of the proposed project. The valuation for new construction, including additions, shall be based on the "building valuation data" in the latest issue of the "Building Standards Magazine" except for manufactured homes which shall be twenty seven cents ($0.27) per square foot. The building official based on the information available shall determine all other project valuation.
Permit fees for projects started without the required permits shall be subject to a special investigation fee, which shall be assessed at a rate of twice that of the original permit fee unless otherwise provided herein. (Ord. 407-03 § 1, 2003)
Fees paid for the permits associated with the construction or improvement to any building regulated under this code shall be refundable at a rate of eighty percent (80%) of the original permit. Refund requests must be made in writing, be accompanied by the original permit and requested prior to the start of any work on the proposed project. Refunds cannot be granted for plan review fees or for permits that have expired or determined null and void for any reason. (Ord. 407-03 § 1, 2003)
Except as otherwise specified all fees are established by resolution. (Ord. 407-03 § 1, 2003)
Unless otherwise prescribed, violations of the building codes are a misdemeanor and shall be punished by a fine not exceeding three hundred dollars ($300.00) or imprisonment for a term not exceeding six (6) months, or both such fine and imprisonment. (Ord. 407-03 § 1, 2003)
In case of violation of any of the provisions of the building code, or other regulation of the city of Ashton related to any permitted project, by any person holding a required permit and after such violator has been given written notice of such violation and said permit holder has failed to correct the violation within the time specified in the notice, the building official, or his authorized representative, may declare the permit revoked and shall notify the permit holder of his action and reason therefor. Any permit holder who has had their permit revoked shall not be issued another permit until said violation has been corrected.
Any revocation may be appealed in writing to the city council within fifteen (15) days from the date notice of the revocation is given to the permit holder. (Ord. 407-03 § 1, 2003)
Any person, firm or corporation holding a building permit shall not lend such permit to any other person, firm or corporation without the approval of the building official. (Ord. 407-03 § 1, 2003)
Any expired permit may be reactivated for an additional one hundred eighty (180) days upon the payment of a fee totaling twenty percent (20%) of the fee as it would apply to the permitted work at the time of reactivation. All projects whose permits are expired and are under consideration for reactivation will be subject to the codes in effect at the time of reactivation and may require plan review. If a rereview is required, the building official shall assess a plan review fee equal to that specified for a new project. (Ord. 407-03 § 1, 2003)
The building official may withhold issuance of any permit to any owners, firm or corporation who has an outstanding correction notice and has failed to take the corrective action necessary to bring the project into compliance.
Issuance of new permits may not be withheld if an appeal of the building official's action has been filed using the procedure set out in the city zoning ordinance or development code. (Ord. 407-03 § 1, 2003)
Any person who commences any work on a building, structure, or mechanical system before obtaining the necessary permits shall be determined to be in violation of the adopted building code. A late or nonfiled building permit application fee, in addition to the building permit fee, shall be collected whether or not a permit is then or subsequently issued. The fee shall be equal to the amount of the permit fee required herein, unless the building official determines that special circumstances exist which indicate a justifiable reason for the failure to obtain said permit. Upon such a finding, the building official may reduce the fee to an amount deemed reasonable based upon the circumstances. (Ord. 407-03 § 1, 2003)
The city of Ashton, Idaho, hereby adopts:
A.The 2003 international building code, all as set out in Idaho Code 39-4109, and any amendments thereto;
1. Including appendices thereto pertaining to building accessibility, including all rules promulgated by the Idaho building code board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the fair housing act accessibility guidelines;
2. Excluding the incorporated electrical codes, plumbing codes, fire codes, mechanical code, fuel gas code, plumbing codes, fire codes or property maintenance codes other than specifically referenced subjects or sections of the international fire code;
3. Replacing section 903.2.7 of the 2003 international building code with sections 903.2.7, 903.2.8 and 903.2.9 of the 2000 international building code, which sections pertain to fire sprinklers in group R occupancies.
B.The international residential code, parts I-IV and IX.
C.The international energy conservation code. (Ord. 415-04 § 1, 2004; Ord. 407-03 § 1, 2003)
Agricultural buildings are hereby exempted from the requirements of the codes set out herein, from the codes set out in the Idaho building code act, and from the rules promulgated by the Idaho building code board, all as set out in Idaho Code 39-4116, and any amendments thereto. (Ord. 407-03 § 1, 2003)
It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, or install any building, structure, or manufactured/mobile home without first obtaining a building permit which said permit is the authority to commence construction or installation. (Ord. 407-03 § 1, 2003)
The determination of valuation for group R, division 3 and 4, and group U occupancies (single-family dwellings, duplexes and private garages), will be made by the building official using the most recent "building valuation data" contained in the current issue of "Building Standards Magazine".
For all other occupancies the building official shall use the project value as established within the most current edition of the "Building Standards Magazine", "building valuation data", or the actual project cost, whichever is greater. (Ord. 407-03 § 1, 2003)
Pursuant to Idaho Code section 50-335, it is declared to be in the best interest of the public health and safety of the citizens of the city to declare any dangerous building or structure to be a nuisance, which in the opinion of the city council, is so dilapidated or is in such condition as to menace the public health or the safety of persons or property on account of increased fire hazard or otherwise; to cause the destruction or removal of any such building or structure at the expense of the person or persons, associations, corporations or copartnerships holding, owning or maintaining the same; and, to defray the cost or reimburse the city for the cost of destruction or removal of said building or structure by levying a special assessment as provided in Idaho Code section 50-1008. (Ord. 348 § 1, 1992)
DANGEROUS BUILDING: As used in this chapter, means and includes:
A. Any building, shed, fence or other manmade structure which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease, or injury, to the health of the occupants of it or neighboring structures;
B. Any building, shed, fence or other manmade structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard;
C. Any building, shed, fence or other manmade structure, which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure;
D. Any building, shed, fence or other manmade structure which, because of its condition or because of lack of doors or windows, is available to and frequented by malefactors, or disorderly persons who are not lawful occupants of such structure;
E. Any building or manmade structure which has been partially destroyed by fire. (Ord. 348 § 2, 1992)
Any "dangerous building", as defined in this chapter, which exists in the city is declared to be a nuisance. (Ord. 348 § 3, 1992)
It is unlawful, and shall constitute a misdemeanor criminal offense:
A. For the owner, occupant or other person in custody of any dangerous building, to maintain or permit the existence of any dangerous building in the city;
B. For the owner, occupant or other person in custody of any dangerous building to permit the same to remain in a dangerous condition, by failing to remedy or demolish said building;
C. For the owner, occupant or other person in custody of any dangerous building, to occupy or permit to be occupied, any dangerous building, while it is or remains in a dangerous condition. (Ord. 348 § 4, 1992)
Whenever the mayor, a city councilman, fire chief, chief of police or superintendent of public works is of the opinion that any building or structure in the city is a dangerous building, he may file a written statement to this effect with the city clerk. The city clerk shall thereupon cause written notice by way of an order to show cause why the building should not be abated as a nuisance, to be served upon the owner thereof, and upon the occupant thereof, if any, by certified mail or by personal service. Service by mail shall be made at the last known address of the person, and is complete upon mailing. Such notice shall state that unless the owner of the premises appears and shows good cause, the building will be declared to be a dangerous building and abatable as a nuisance. The notice shall specify the time, date and place to show cause which shall in no event be less than ten (10) or more than thirty (30) days after service of notice, and shall be at any regularly convened public meeting of the council of the city. The notice shall be in substantially the following terms:
To (owner-occupant of the premises) of the premises known and described as . You are hereby notified that (describe building) on the premises above mentioned will be declared to be a dangerous building and a nuisance and abatable as such unless you shall appear and show cause, if any there be, why such action should not be taken by the city council at a regularly convened public meeting on , 19 , at the hour of o'clock .m. You may remedy the condition or demolish the building, prior to the hearing. If after hearing, the council shall determine that the building is a dangerous building and a nuisance and abatable as such, and if you do not remedy the condition or demolish the building, or provide to the council a plan for such remedy or demolition, on or before the date of such hearing, the council will order the condition to be remedied or the building demolished. The cost of such action by the city will be a charge against the premises, collectable as a special assessment thereon, and penalties may accrue.
Dated: ___________________
(SIGNED)
CITY CLERK
(Ord. 348 § 5, 1992)
If after hearing, the council determines that the building is a dangerous building and a nuisance and abatable as such, the office of the mayor shall issue an order to the owner of the premises and the occupant thereof, if any, to forthwith remedy the condition, demolish the building, or to remove the structure. If after ten (10) days from the date of issuance of the order, the owner, or occupant, if any, has not complied with the order, the city must proceed to remedy the condition, demolish the building or remove the structure, by means and methods as in the discretion of the city council shall be appropriate and feasible.
The order shall be substantially in the following terms:
To (owner/occupant of the premises) of the premises known and described as .
At a regularly convened public meeting on , 19 , at o'clock .m., the city council after hearing, determined that (describe building) on the premises above mentioned was a dangerous building, a nuisance and abatable as such. You must remedy this condition, demolish or remove the building within ten days from the date of this Order, or the city will proceed to do the same. The cost of such action by the city will be a charge against the premises, collectable as a special assessment, and penalties may accrue.
Dated: ____________
(signed)___
OFFICE OF THE MAYOR
(Ord. 348 § 6, 1992)
The expenses incurred by reason of the remedy, demolition or removal of a dangerous building by the city, as set out above, shall be borne by the owner of the premises, or become a special assessment on the premises as provided in Idaho Code section 50-1008. The clerk shall submit a statement of charges as a notice of assessment to the owner of the premises on completion of such work, and if such assessment be not paid within thirty (30) days from the date of mailing thereof, the assessment shall be declared delinquent and be certified to the tax collector of the county by the city clerk, not later than August 1 and shall be by said tax collector placed upon the tax roll and collected in the same manner and subject to the same penalties as other city taxes. (Ord. 348 § 7, 1992)
Any person, firm or corporation who alone, or jointly, or severally with others shall violate any provisions of this chapter, or permit any dangerous building or structure to remain in a dangerous condition after such is declared a nuisance and abatable as such, shall be fined not less than one dollar ($1.00) nor more than one hundred dollars ($100.00) for each day during which a violation occurs or continues. (Ord. 348 § 8, 1992)
Mobile homes parked in commercial zones of the city shall be parked in such a manner so as to leave twelve feet (12') between the edge of the lot upon which a mobile home is parked and the mobile home. (Ord. 324 § 1, 1986)
There shall only be one mobile home which is occupied as a residence for every seven thousand five hundred (7,500) square feet of property in a residential zone in the city. All mobile homes parked in residential zones shall be parked in conformity with this code providing for distances of a residence from the property line. Nothing herein shall prevent parking of a travel trailer or camper trailer on a lot smaller than seven thousand five hundred (7,500) square feet; however, the camper trailer or travel trailer may not be occupied as a residence. (Ord. 324 § 2, 1986)
Parking shall be provided for all mobile homes so automobile parking will be off of the streets and general right of way of the city. (Ord. 324 § 3, 1986)
A permit must be obtained from the city before any mobile home may be moved from outside of the city limits to within the city and a permit must be obtained from the city to move any mobile home from one lot to another lot. (Ord. 324 § 4, 1986)
All mobile homes parked in the city must be hooked to the water and sewer facilities of the city. (Ord. 324 § 5, 1986)
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the county jail for a period not exceeding thirty (30) days or be both so fined and imprisoned Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 324 § 6, 1986)
Prior ordinance history: Ord. 158 §§ 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 1956; Ord. 162, 1958; Ord. 180, 1965; Ord. dated 7-1974; 1994 Code.
This chapter establishes the purpose of this title, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, establishes certain vested rights during the transition from the previous ordinance, provides rules for the continuation of nonconforming uses, and establishes rules for its interpretation.
The purpose of this title shall be to promote the health, safety, and general welfare of the people of Ashton by fulfilling the purposes and requirements of the local land use planning act of 1975 and implementing the comprehensive plan. (Ord. 387, 1998)
This title is adopted pursuant to the authority granted by the local land use planning act of 1975. It includes the zoning ordinance required by Idaho Code 67-6511 and the subdivision ordinance required by Idaho Code 67-6513. It also fulfills the other requirements of the local land use planning act, including the provision for variances required by Idaho Code 67-6516, the adoption of procedures for processing permits required by Idaho Code 67-6519, and the adoption of a hearing procedure required by Idaho Code 67-6534. (Ord. 387, 1998)
All prior ordinances are repealed to the full extent of their inconsistency with this title. (Ord. 387, 1998)
A "vested right" is the right to proceed with development under a previous set of regulations, or the right to proceed under this title, pursuant to a development agreement.
A. Vested rights to proceed with development initiated prior to the adoption of this title shall be established only by:
1. Having obtained a building permit in full compliance with the provisions of the previous regulations (such vested rights expire with the permit); or
2. Having recorded a final plat in full compliance with the provisions of the previous regulations. Recording a final plat establishes a vested right to the lot layout and street network of the subdivision. It does not establish a vested right for any particular use or development of any lot.
B. Vested rights to proceed with development under the provisions of this title shall be established only by:
1. Recording a final plat in full compliance with its provisions;
2. Executing a development agreement in full compliance with its provisions; or
3. Obtaining a class I or class II permit in full compliance with its provisions. Such vested rights expire with the permit. See section 17.16A.110 of this title on the duration of permit approvals. (Ord. 387, 1998)
This chapter provides definitions for terms used in this title. Any dispute about the meaning of a term shall be resolved using the appeals procedure of section 17.16B.010 of this title. (Ord. 387, 1998)
ACCESSORY: Accessory buildings and uses are those customarily associated with and clearly subordinate to a principal building or use that exists on the same lot or parcel. ADJACENT: Includes all lots or parcels that directly border a lot or parcel, and all lots or parcels separated from that lot or parcel by only a public or private easement or right of way, including streets, railroads, and irrigation canals. ADMINISTRATOR: The city employee or contractor responsible for administration of this title. ARTERIAL: Includes all state and federal highways and other major streets, as shown in the comprehensive plan. BUFFER: A landscaped area along the perimeter of a site that complies with the standards of this title for width and planting density. BUILDING: Refers to any structure. Includes liquid or gas storage tanks. BUILDING BULK: May be measured and compared in terms of floor area ratio (the total square footage of all floors as a percent of lot size). BUILDING HEIGHT: The vertical distance from mean natural grade to the highest point on a building. Building height excludes chimneys, vents, and antennas. CERTIFICATE OF COMPLIANCE: A certificate issued by the administrator upon completion and acceptance of all required improvements. See section 17.16D.020 of this title. CITY: Refers to Ashton, Idaho. COMMERCIAL: Includes all land uses in standard land use code (SLUC) 4923 and 4924, 52-59, 61-69, 71-79, and 8221, except as follows: a) SLUC 637, which shall be considered an industrial use category, or b) any use in SLUC 639, 64, 66, 72-79, or 8221 which includes an outdoor or only partially enclosed work and/or materials handling and/or storage yard of more than ten thousand (10,000) square feet. All such uses shall be considered industrial. COMMISSION: The Ashton planning and zoning commission established by section 17.12.020 of this title. COMPATIBILITY: Land uses need not be identical to be compatible, but must be sited, designed, constructed, and used in such a way that the normal functions and operation of neighboring uses do not seriously conflict, and so that their appearance is harmonious. COUNCIL: The Ashton city council. The elected officials responsible for adoption of this title. DAYCARE: As per Idaho Code 39-1102, means "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 ". A daycare center provides daycare for thirteen (13) or more children. DEVELOPMENT: Used as a generic term covering any and all activities for which a permit is required by this title. The "developer" is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for proceedings required by this title. EPCRA: The emergency planning and community right to know act of 1986. Refers to 42 USC 1101-11050, as amended. FOOT-CANDLE: Measure of the amount of ambient light. HAZARDOUS SUBSTANCES: Any material regulated by EPCRA, as amended. HIGHER DENSITY RESIDENTIAL: Refers to multiple-family dwellings, including apartments and condominiums, and mobile home parks. HOME BUSINESS: A commercial or industrial activity conducted in a dwelling or a building accessory to a dwelling. "Home occupations", by definition, comply with the performance standards of chapter 17.64 of this title. IC: Refers to the Idaho Code, the state statutes. INDUSTRIAL: Includes all land uses in SLUC 21-51, 637, and 82-89, plus any use defined as industrial by the term "commercial", as defined in this section, except: a) SLUC 4923 and 4924; and b) SLUC 8221. Irrigation with industrial wastewater is an industrial use. LARGE SCALE DEVELOPMENT: See section 17.48D.010 of this title. LOT: Used as both a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat. MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet. Manufactured homes comply with the national manufactured home construction and safety standards act (40 USC 5401) or the adopted building code. MINIMIZE: "To minimize" (as in the number of access points or impacts on visually sensitive areas) means to show that no alternative plan for the proposed development will result in a smaller impact. MINOR UTILITY INSTALLATIONS: Includes cable television, electric power, and telephone cables and transmission lines, and natural gas pipelines that serve the area through which they are routed. Also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines. Other utility installations are industrial uses. MOBILE HOME PARK: Any lot or parcel on which there are spaces for occupancy by more than one manufactured home that will not be placed on a permanent foundation. Such spaces are normally rented or leased, but rental or lease is not necessary for the purposes of this definition. NONCONFORMING: Describes any use or building that was in existence on the effective date of this title, but that would not comply with one or more of its requirements if submitted for approval. See sections 17.04.050 and 17.04.060 of this title. OCCUPANCY: The use of a building or lot. Occupancies are classified using the standard land use coding system (SLUC). A "minor change in occupancy" is a change within the two (2) digit SLUC code or a change to any occupancy that has identical parking requirements and similar traffic generation potential, creates no additional signage, and, has, as determined by the administrator, similar or lesser impacts on neighboring land uses. ONE-FAMILY DWELLING: A detached building designed for occupancy by one family. Also includes group homes, as required by Idaho Code 67-6530 et seq. Includes both conventional dwellings and manufactured homes that: a) comply with the national manufactured home construction and safety standards act (40 USC 5401) or the adopted building code; b) have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation; and c) where available, are permanently connected to central utilities. Recreational vehicle and travel trailers are not single-family dwellings, and shall not be used as such, but are included within the definition of "manufactured home" for the purposes of chapter 17.68 of this title. ORIGINAL PARCEL: An original parcel of land is any parcel that existed on the effective date hereof. OUTDOOR MATERIAL HANDLING OR STORAGE: Stockpiling, storage, processing, or packaging of materials for any reason, including the long term storage of construction materials and inoperative machinery or vehicles, that are not enclosed in a building and that are visible from a public street. PLAT: The legal map of a subdivision. A "plat amendment" is a minor change in the lot arrangement or routing of rights of way or easements in a previously recorded subdivision plat. It may result in the consolidation of lots, but does not result in the creation of any additional lots or parcels, or the addition of land to the subdivision. Plat amendments are instituted by the recording of an amended plat following the process provided in section 17.16A.070 of this title. PRIVATE UTILITIES: Cable television, electric power, natural gas, and telephone services. RECREATIONAL VEHICLE: As per Idaho Code 49-2801, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for recreational or emergency occupancy. RESIDENTIAL CARE FACILITY: A residential facility in which care and/or protection is provided for the elderly, children, or adults under a license issued by the Idaho department of health and welfare pursuant to the child care licensing reform act, the alcoholism and intoxication treatment act, and similar authorities. This definition does not include halfway houses or any other detention facility. SETBACK: All setbacks are measured at right angles, from the nearest point on the property line to the foundation or to any above grade projection of the structure that extends more than three feet (3') beyond the foundation. See section 17.44.010 of this title for more detailed definitions. SITE PLAN: A scale drawing, or a series of such drawings, that illustrates all those details of a proposed development needed to demonstrate compliance with this title, including the location of existing and proposed property lines, easements, buildings, parking areas, streets, sidewalks, landscaped buffers, and other features of the site. Where an erosion and runoff control plan is required, the site plan must be prepared on a detailed (contour intervals of 2 feet) topographic base. SKETCH PLAN: A sketch plan is a general or conceptual site plan of a development. It must include the approximate location of all lot lines and streets, the approximate location and exterior dimensions of all structures, the approximate location, size, and circulation pattern of all parking areas, and the approximate location and dimensions of all landscaped buffers. SOLID WASTE: Material, including vehicles, being stored, packaged, or processed for ultimate disposal or recycling. For the purposes of this title, the waste normally generated by a farming operation (crop stubble and residue, manure, etc.) is not solid waste until transported from the farm on which it was generated. STANDARD LAND USE CODE: Abbreviated SLUC. The standard land use code is a method of classifying land uses adapted from the "Standard Land Use Coding Manual", U.S. department of transportation, federal highway administration, as reprinted in March 1977. A summary appears in table 4 attached to ordinance 387. STRUCTURE: Any object, including any mobile object, constructed or installed by man, including, without limitation, buildings, towers, cranes, smokestacks, earth formations, liquid storage tanks, and overhead transmission lines. For the purposes of this title, synonymous with "building". See definition of Building. SUBDIVISION: Any division of an original parcel of land, or any land so divided, which creates more than one additional contiguous or adjacent parcel containing one hundred sixty (160) acres or less, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed, and shall include any replat or any condominium. A subdivision requires a class II permit (see subsection 17.16A.010B of this title). Note that creation of a single parcel of one hundred sixty (160) acres or less requires a class I permit (see subsection 17.16A.010A of this title). UBC: Abbreviation for the uniform building code published by the International Conference of Building Officials. UPLIT: Uplighting occurs when signs or structures are illuminated by a spotlight shining on them from below. USE: See definition of Occupancy. The terms are synonymous. VACATION: The process provided by state law 3 and this title (see section 17.16F.010 of this title) for the elimination of a recorded subdivision plat. VARIANCE: According to Idaho Code 67-6516, "A variance is a modification of the requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of structure or the placement of the structure upon lots, or the size of lots ". Land use cannot, by definition, be varied. VESTED RIGHT: The right to proceed with development under a previous set of regulations, or the right to proceed under this title, pursuant to a development agreement. See section 17.04.040 of this title. YARD: The area between the lot lines and the principal building created by the required setbacks. (Ord. 387, 1998)
The commission shall, as required by Idaho Code 67-6508, "conduct a comprehensive planning process designed to prepare, implement, and review and update a comprehensive plan " for the city. The commission shall exercise all powers granted it by the local land use planning act and fulfill all duties required by this title, including, but not limited to: A. Hearing appeals from decisions of the administrator, as provided by subsections 17.16A.070D, 17.16D.040B2, and section 17.20.040 of this title; B. Reviewing the impacts of proposed developments referred by the administrator, as provided by subsection 17.16A.070F of this title; C. Reviewing and acting upon applications for class II permits, as provided by section 17.16A.080 of this title, and applications for variances, as provided by section 17.16B.020 of this title; and D. Making recommendations on proposed amendments, as provided by section 17.16E.010 of this title, and on proposed vacations, as provided by section 17.16F.010 of this title. (Ord. 387, 1998)
The duties of the mayor and council in the administration shall include, but are not limited to: A. Appointment of an administrator, as permitted by section 17.12.050 of this chapter; B. Hearing appeals from decisions of the commission, as provided by subsection 17.16A.080I of this title and in all other cases where the commission makes a decision; C. Reviewing and acting on proposed plat amendments, as provided by subsection 17.16A.070E of this title, final plats recommended for approval by the commission, as provided by subsection 17.16A.080J of this title, amendments, as provided by section 17.16E.010 of this title, and vacations, as provided by section 17.16F.010 of this title. (Ord. 387, 1998)
The mayor and council may appoint an administrator, who shall perform the following duties: A. Assist the public in understanding the applicability and requirements of this title; B. Review applications for permits required by this title, accepting only complete applications, as required by section 17.16A.040 of this title; C. Review applications for class I permits for compliance with this title and approve or disapprove such applications as required by its provisions; D. Arrange for professional review of applications for class II permits, as provided by subsection 17.16A.080D of this title; E. Issue certificates of compliance, based on site inspections, and enforce the provisions of development agreements; F. Investigate possible violations of this title; G. Properly account for all fees collected in the administration of this title and prepare monthly and annual reports of development activity in the city; H. Perform all other duties assigned by this title and assist the commission in the execution of its duties. (Ord. 387, 1998)
A permit shall be required for any division of land; any clearing, grading, construction, or reconstruction; and any change in land use, except as specifically exempted by sections 17.16A.020 and 17.16A.030 of this article. A. A class I permit shall be required for: 1. Any lot split or plat amendment; 2. Any one- or two-family dwelling; 3. Any home occupation; 4. Any accessory building or fence not exempted by section 17.16A.030 of this article; 5. Any minor change of occupancy in an existing commercial or industrial use or structure; 6. Any other development that is not exempted by section 17.16A.020 or 17.16A.030 of this article, but does not require a class II permit; and 7. Any clearing, grading, or excavation preparatory to any activity listed in subsections A1 through A6 of this section. The class I permit procedure is found at section 17.16A.070 of this article. B. A class II permit shall be required for: 1. Any subdivision; 2. Any higher density residential development, including multi-family dwellings or manufactured home parks; 3. Any commercial or industrial development, including any major change in occupancy in an existing commercial or industrial use or structure; and 4. Any clearing, grading, or excavation preparatory to any activity listed in subsections B1 through B3 of this section. The class II permit procedure is found at section 17.16A.080 of this article. (Ord. 387, 1998)
The activities listed here are not exempt from any applicable requirement of this title, except the requirement for a permit. No permit shall be required for: A. Clearing and grading for agricultural purposes, the maintenance and construction of irrigation works, and grading required for the maintenance (but not change or expansion) of an existing use or structure; B. Repair or remodeling that does not alter the exterior dimensions of the structure involved (note that the adopted building code may require a building permit for such remodeling); C. Accessory buildings that are also exempted from review by the adopted building code (note that this generally exempts accessory buildings of less than 120 square feet in floor area and less than 10 feet in height); D. Fences of eight feet (8') or less in height (note that all fences must comply with the requirements of chapters 17.56 and 17.60 of this title for clear sight triangles at intersections and points of access to public streets); E. Minor utility installations; and F. Certain signs. (Ord. 387, 1998)
The class I permit procedure provides for the prompt review of minor developments and plat amendments, while assuring they have no significant adverse impact on environmental quality, neighboring uses, or public facilities and services. The class I permit procedure shall be as follows: A. Filing: The developer shall file a properly completed permit application form, the required supporting materials, and the required application fee with the administrator. B. Compliance Determination: The administrator shall determine whether the proposed development is in compliance with the comprehensive plan and this title. If the proposed development complies, the application for a permit shall be approved. If the proposed development fails to comply, the application for a permit shall be disapproved. Where the proposed development is part of a larger development for which a class II permit was previously approved, the administrator shall also determine whether it is in compliance with the previously approved development plan and all conditions attached to that approval. Conditions may be attached to approval of any permit, as provided in section 17.16A.090 of this article. C. Notification Of Decision: The administrator shall notify the developer of the decision within ten (10) days, except as provided in subsection F of this section. D. Appeal: The administrator's decision on a proposed development or plat amendment may be appealed to the commission using the appeals procedure of section 17.16B.010 of this chapter. A notice of any such appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued. Developers proceed at their risk during the appeal period. E. Additional Procedures For Plat Amendments: 1. The administrator shall determine: a) whether all lots resulting from the proposed plat amendment are capable of accommodating a use permitted by this title, and b) whether the proposed amendment affects street or utilities access to any adjoining lot or parcel. If the lots resulting from the proposed plat amendment are capable of accommodating such a use and the amendment does not adversely affect access to any adjoining lot or parcel, the administrator shall approve the application for a permit and place the proposed plat amendment on the agenda of the next regular council meeting at which time will permit its proper review. If the lots resulting from the proposed plat amendment are not capable of accommodating such a use, or the amendment adversely affects access to a lot or adjoining parcel, the administrator shall disapprove the application for a permit. 2. Plat amendments approved by the administrator shall be reviewed by the council which, if it affirms the administrator's findings, shall sign the amended plat. F. Referral: Upon finding that a proposed development or plat amendment will have a significant adverse impact on environmental quality, neighboring land uses, or public facilities and services, the administrator may refer any application for a class I permit to the commission. The commission may, upon confirming the administrator's finding, require that the application for a class I permit be converted to an application for a class II permit. Such referrals shall be placed on the agenda of the next regular commission meeting. (Ord. 387, 1998)
The purpose of the class II permit procedure is to assure effective regulation of developments that may have significant impacts on public facilities, environmental quality, or neighboring uses. The class II permit procedure shall be as follows: A. The developer shall file a request for sketch plan review with the administrator at least five (5) days before the meeting at which the review is requested. 1. The administrator shall place the sketch plan on the agenda of the next regular commission meeting at which time will permit its proper review. 2. The commission shall conduct a sketch plan review. A sketch plan review is not a regulatory proceeding, but an opportunity for the commission to be made aware of the proposal and for the developer to be made aware of possible questions and the applicable requirements of this title. B. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator at least thirty (30) days before the commission meeting at which a hearing on the application is requested. C. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements of subsection E of this section can be met, and at which time will permit its proper review. D. The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials. E. The content of all hearing notices shall comply with the requirements of section 17.16A.100 of this article. Notice shall be provided, as follows: 1. By certified mail; to all owners of record of property within three hundred feet (300') of the site, at least fifteen (15) days before the hearing, except as provided in subsection E5 of this section; 2. By newspaper publication; two (2) legal notices in the official newspaper, with the first newspaper notice appearing at least fifteen (15) days prior to the hearing and the second one week later; 3. By first class mail; to all potentially affected public agencies, including the appropriate school and fire protection districts, and other interested parties on a list maintained by the administrator; and 4. By posting; at least seven (7) days before the hearing, a sign conveying the required notice shall be placed on the site. Such signs shall be clearly visible from the nearest public street and may be placed at a point of access to the site, rather than on the site where the administrator determines that so doing will provide more effective notice. 5. Where more than two hundred (200) certified mail notices would be required, the administrator may limit certified mail notice to adjoining owners of record, while providing all other forms of notice required by this title. 6. The actual cost of mail and newspaper notice shall be in addition to the application fee required by section 17.16A.050 of this article. No permit shall be issued until payment is received. F. The commission shall conduct a hearing on the proposed development following the procedure established in section 17.16C.010 of this chapter. No application shall be reviewed if the developer or a representative is not present. G. The commission shall determine whether the proposed development is in compliance with the comprehensive plan and all requirements of this title. If the proposed development complies, the application for a permit shall be approved. If the proposed development fails to comply, the application for a permit shall be disapproved. Conditions may be attached to approval of any permit, as provided in section 17.16A.090 of this article. H. The administrator shall notify the developer and interested parties of the commission's decision within ten (10) days. I. The commission's decision may be appealed to the council using the appeals procedure of section 17.16B.010 of this chapter. A notice of any such appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued. Developers proceed at their own risk during this appeals period. J. The developer may file a final plat with the administrator at any time after the class II permit for a subdivision is approved. Phased final platting is permitted by section 17.68.050 of this title. 1. The administrator shall place the final plat on the agenda of the next commission meeting. 2. No public notice or hearing is required for final plats, but no final plat shall be reviewed if the developer or a representative is not present. 3. The commission shall review the final plat and determine whether it is in compliance with the subdivision permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat and recommend that it be signed by the council. If it finds that the final plat fails to comply, it shall disapprove that plat and recommend that it not be signed by the council. Conditions may be attached to approval of a final plat, as provided in section 17.16A.090 of this article. 4. If the commission approves the final plat, the administrator shall place it on the agenda of the next regular council meeting. Commission disapproval of a final plat may be appealed to the council using the appeals procedure of section 17.16B.010 of this chapter. A notice of any such appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued. 5. The council shall determine whether the final plat is in compliance with the subdivision permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat fails to comply, it shall disapprove that plat. Conditions may be attached to council approval of a final plat, as provided in section 17.16A.090 of this article. 6. The administrator shall notify the developer and interested parties of the council's decision within ten (10) days. (Ord. 387, 1998)
Permits shall be valid for one year from the date of approval, unless extended by a development agreement, as provided in section 17.68.050 of this title. (Ord. 387, 1998)
Any decision of the administrator or commission may be appealed using the procedure described herein. A notice of appeal must be filed within ten (10) days after the administrator's notice of the decision being appealed. Appeals from decisions of the administrator are heard by the commission. Appeals from decisions of the commission are heard by the council. A. The appellant shall file a properly completed notice of appeal, the required supporting materials, and the required appeal fee with the administrator. If a notice of appeal alleges that the decision of the administrator or commission constitutes a taking of property without just compensation, the administrator shall direct the appeal to the city attorney. B. The city attorney shall review the allegation that a decision of the administrator or commission constitutes a taking of property without just compensation. This review shall be based on the Idaho attorney general's checklist provided herein and other information the city attorney deems relevant, including the property rights policy of the plan. 1. Idaho Attorney General's Takings Checklist Criteria: Agency staff must use the following questions in reviewing the potential impact of a regulatory or administrative action on specific property. While these questions also provide a framework for evaluating the impact proposed regulations may have generally, takings questions normally arise in the context of specific affected property. The public review process used for evaluating proposed regulations is another tool that the agency should use aggressively to safeguard rights of private property owners. If property is subject to regulatory jurisdiction of multiple government agencies, each agency should be sensitive to the cumulative impacts of the various regulatory restrictions. Although a question may be answered affirmatively, it does not mean that there has been a "taking". Rather, it means there could be a constitutional issue and that agency staff should carefully review the proposed action with legal counsel. a. Does the regulation or action result in a permanent or temporary physical occupation of private property? Regulation or action resulting in a permanent or temporary physical occupation of all or a portion of private property will generally constitute a "taking". For example, a regulation that required landlords to allow the installation of cable television boxes in their apartments was found to constitute a "taking". See Loretto v. Teleprompter Manhattan CATV Corp. , 458 U.S. 419 (1982). b. Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement? Carefully review all regulations requiring the dedication of property or grant of an easement. The dedication of property must be reasonably and specifically designed to prevent or compensate for adverse impacts of the proposed development. Likewise the magnitude of the burden placed on the proposed development should be reasonably related to the adverse impacts created by the development. A court will also consider whether the action in question substantially advances a legitimate state interest. For example, the United States supreme court determined in Nollan v. California Coastal Commission , 483 U.S. 825 (1987), that compelling an owner of waterfront property to grant a public easement across his property that does not substantially advance the public's interest in beach access constitutes a "taking". Likewise, the United States supreme court held that compelling a property owner to leave a public greenway, as opposed to a private one, did not substantially advance protection of a floodplain, and was a "taking". Dolan v. City of Tigard , 114 U.S. 2309 (June 24, 1994). c. Does the regulation deprive the owner of all economically viable uses of the property? If a regulation prohibits all economically viable or beneficial uses of the land, it will likely constitute a "taking". In this situation, the agency can avoid liability for just compensation only if it can demonstrate that the proposed uses are prohibited by the laws of nuisance or other preexisting limitations on the use of the property. See Lucas v. South Carolina Coastal Coun. , 112 S. Ct. 2886 (1992). Unlike subsections B1a and B1b of this section, it is important to analyze the regulation's impact on the property as a whole, and not just the impact on a portion of the property. It is also important to assess whether there is any profitable use of the remaining property available. See Florida Rock Industries, Inc. v. United States , 18 F.3d 1560 (Fed. Cir. 1994). The remaining use does not necessarily have to be the owner's planned use, a prior use or the highest and best use of the property. One factor in this assessment is the degree to which the regulatory action interferes with a property owner's reasonable investment backed development expectations. Carefully review regulations requiring that all of a particular parcel of land be left substantially in its natural state. A prohibition of all economically viable uses of the property is vulnerable to a takings challenge. In some situations, however, there may be preexisting limitations on the use of property that could insulate the government from takings liability. d. Does the regulation have a significant impact on the landowner's economic interest? Carefully review regulations that have a significant impact on the owner's economic interest. Courts will often compare the value of the property before and after the impact of the challenged regulation. Although a reduction in property value alone may be a "taking", a severe reduction in property value often indicates a reduction or elimination of reasonably profitable uses. Another economic factor courts will consider is the degree to which the challenged regulation impacts acts any development rights of the owner. As with subsection B1c of this section, these economic factors are normally applied to the property as a whole. e. Does the regulation deny a fundamental attribute of ownership? Regulations that deny the landowner a fundamental attribute of ownership - including the right to possess, exclude others and dispose of all or a portion of the property - are potential takings. The United States supreme court recently held that requiring a public easement for recreational purposes where the harm to be prevented was to the floodplain was a "taking". In finding this to be a "taking", the court stated: The city never demonstrated why a public greenway, as opposed to a private one, was required in the interest of flood control. The difference to the petitioner, of course, is the loss of her ability to exclude others... [T]his right to exclude others is "one of the most essential sticks in the bundle of rights that are commonly characterized as property". Dolan v. City of Tigard , 114 U.S. 2309 (June 24, 1994). The United States supreme court has also held that barring the inheritance (an essential attribute of ownership) of certain interests in land held by individual members of an Indian tribe constituted a "taking". Hodel v. Irvin , 481 U.S. 704 (1987). f. Does the regulation serve the same purpose that would be served by directly prohibiting the use of action, and does the condition imposed substantially advance that purpose? A regulation may go too far and may result in a takings claim where it does not substantially advance a legitimate governmental purpose. Nollan v. California Coastal Commission , 107 S. Ct. 3141 (1987); Dolan v. City of Tigard , 114 U.S. 2309 (June 24, 1994). In Nollan , the United States supreme court held that it was an unconstitutional "taking" to condition the issuance of a permit to landowners on the grant of an easement to the public to use their beach. The court found that since there was no indication that the Nollans' house plans interfered in any way with the public's ability to walk up and down the beach, there was no "nexus" between any public interest that might be harmed by the construction of the house, and the permit conditions. Lacking this connection, the required easement was just as unconstitutional as it would be if imposed outside the permit context. Likewise regulatory actions that closely resemble, or have the effects of a physical invasion or occupation of property, are more likely to be found to be takings. The greater the deprivation of use, the greater the likelihood that a "taking" will be found. C. The administrator shall place a hearing on the appeal on the agenda of the next regular commission or council meeting for which the attorney's review (if relevant) and notice requirements can be met, and at which time will permit its proper consideration. Notice requirements for an appeal shall be the same as for the original permit application. D. The commission or council shall conduct a hearing on the appeal following the procedure established in section 17.16C.010 of this chapter. No appeal shall be heard if the appellant or a representative and, when the appellant is not the developer, the developer or a representative is not present. E. The commission or council shall determine whether the decision being appealed is in compliance with the comprehensive plan and this title, and affirm, modify, or overturn that decision accordingly. Where a taking of property without just compensation is alleged, the commission or council shall also consider the city attorney's review of the decision, as provided by subsection B of this section. F. The administrator shall notify the appellant and interested parties of the commission's or council's decision within ten (10) days. (Ord. 387, 1998)
Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this title is strictly enforced. Applications for variances shall follow the procedure described herein. Applications for variances may be combined and processed simultaneously with applications for class II permits. A. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator. B. The administrator shall place a hearing on the variance on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for a variance shall be the same as for a class II permit, and class II permit and variance hearings may be combined when appropriate. When such a combination is made, the hearing notice shall specifically describe the proposed variance, including a citation of the sections of this title from which a variance is requested. C. The commission shall conduct a hearing on the proposed variance following the procedure established in section 17.16C.010 of this chapter. No application for a variance shall be reviewed if the developer or a representative is not present. D. The commission shall approve a variance only upon finding that: 1. The need for a variance results from physical limitations unique to the lot or parcel on which the variance is requested; 2. Failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot or parcel is possible without a variance; 3. The alleged hardship has not been created by action of the owner or occupants; 4. Approval of the variance will not create a nuisance, result in potential harm to adjoining properties or the neighborhood, or have an adverse effect on the implementation of the comprehensive plan; and 5. The variance approved is the minimum relief from the requirements of this title necessary to permit a reasonable conforming use. 6. Conditions may be attached to the approval of any variance, as provided in section 17.16A.090 of this chapter. E. The administrator shall notify the developer and interested parties of the commission's decision within ten (10) days. F. The commission's decision may be appealed to the council using the appeals procedure of section 17.16B.010 of this article. A notice of any such appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued. Developers proceed at their own risk during this appeal period. (Ord. 387, 1998)
The process for enforcement of these regulations shall be as described herein: A. The administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the section(s) of this title being violated, and order the occupant to attain compliance within thirty (30) days. B. Any person who receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the thirty (30) days allowed, or: 1. File a written request with the administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of sixty (60) days and culminated by an inspection to show that compliance has been attained; or 2. File an appeal of the administrator's notice, following the appeals procedure of section 17.16B.010 of this chapter. C. The administrator shall ask the prosecuting attorney to commence legal action, as authorized by Idaho Code 67-6527, against any occupant or owner who fails to attain compliance within the specified time, or to show, on appeal, that a violation has not occurred. (Ord. 387, 1998)
Any person may petition for the amendment of the comprehensive plan or this title. The amendment procedure shall be as described herein and in Idaho Code 67-6509 or 67-6511, respectively: A. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator. B. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for an amendment shall be as set by Idaho Code 67-6509 or 67-6511(b). C. The administrator may contract with a planner for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials. D. The commission shall conduct a hearing on the proposed amendment following the procedure established in section 17.16C.010 of this chapter. No application for an amendment shall be reviewed if the developer or a representative is not present. E. In the case of proposed plan amendments, the commission shall determine whether the proposed amendment is consistent with the public interest, and recommend that the council approve or disapprove it accordingly. In the case of proposed ordinance amendments, the commission shall determine whether the proposed amendment is consistent with the comprehensive plan, and recommend that the council approve or disapprove it accordingly. F. The administrator shall convey the commission's recommendation to the council and, unless the application is withdrawn, place a hearing on the application on the agenda of the next regular council meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice shall be provided in the same manner as for the hearing before the commission. G. The council shall conduct a hearing on the proposed amendment following the procedure established in section 17.16C.010 of this chapter. No application for an amendment shall be reviewed if the person who petitioned for the amendment or a representative is not present. H. The council shall determine whether the proposed amendment is consistent with the public interest and/or the comprehensive plan and approve or disapprove it accordingly. I. The administrator shall notify the developer and interested parties of the council's decision within ten (10) days. No amendment to this title shall become effective until that amendment has been adopted as an ordinance and published as required by law. (Ord. 387, 1998)
Any land that is added to the city by annexation must be added to the official zoning map, as required by Idaho Code 67-6525. Also, an annexation plat shall accompany all proposals for annexation. A. All applications for annexation shall be accompanied by a plat that complies with the requirements of chapter 17.52 of this title. That plat may be strictly an annexation plat, showing the boundaries of the area to be added to the city, or it may be a subdivision plat, which shall be reviewed as required by section 17.16A.080 of this chapter and the other provisions of this title. B. All applications for annexation shall first be submitted as applications for an amendment to the official zoning map, as required by this section. The proposed amendment shall be approved before the annexation is accepted. (Ord. 387, 1998)
Vacation of any plat, or any portion of a plat, may be proposed following the procedure provided herein and in Idaho Code 50-1306A. Note that the county may take no action on a proposed vacation within one mile of an incorporated city until the vacation has been approved by the city. A. A petition for vacation and the required fee shall be filed with the administrator, who shall place consideration of that petition on the agenda of the next regular commission meeting at which time will permit its proper review. B. The commission shall review the proposed vacation and recommend that the vacation either be accepted or denied by the council. C. The administrator shall notify the council and the petitioner of the commission's recommendation within ten (10) days, and unless the petitioner withdraws the petition, place a hearing on the proposed plat vacation on the agenda of the next regular council meeting for which the notice requirements of subsection D of this section can be met, and at which time will permit its proper review. D. Notice of the hearing shall be provided, as follows: 1. By certified mail; to all owners of record of property within, and within three hundred feet (300') of, the boundaries of the plat proposed to be vacated, at least ten (10) days before the hearing, and 2. By newspaper publication; two (2) successive legal notices in the official newspaper, with the final newspaper notice appearing at least seven (7) days prior to the hearing. E. The council shall conduct a hearing on the proposed plat vacation following the procedure established in section 17.16C.010 of this chapter. No petition shall be reviewed if the petitioner or a representative is not present. F. The council shall accept or reject the petition for vacation, with acceptance based on findings that: 1. The vacation will not eliminate safe street access to any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to, the plat, 2. The vacation will not eliminate easements or rights of way used for utilities serving any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to, the plat, and 3. All owners of record of property or property interests within the plat proposed to be vacated have consented, in writing, to the vacation. G. The administrator shall notify the petitioner and interested parties of the council's decision within ten (10) days. (Ord. 387, 1998)
Any person who disputes the location of a zoning district or commercial area or node boundary, as interpreted by the administrator, may appeal the administrator's decision using the appeals procedure of section 17.16B.010 of this title. (Ord. 387, 1998)
The permitted uses in the LDRZD shall be: Accessory uses and buildings customarily associated with the uses permitted in this zoning district, including the class II permit uses. Home businesses, in compliance with the detailed performance standards of chapter 17.64 of this title. Minor utility installations. One- or two-family dwellings. A class I permit shall be required for the establishment of any new use or building listed above, unless that use or building is specifically exempted from the requirement for a permit by section 17.16A.020 or 17.16A.030 of this title. (Ord. 387, 1998)
The uses that may be permitted only upon approval of a class II permit in the LDRZD shall be:
Schools, churches, daycare centers, and parks.
Subdivisions designed for occupancy by one- and two-family dwellings, as permitted in this zoning district. (Ord. 387, 1998)
The specification standards for development within the LDRZD shall be as shown in section 17.44.010 of this title. (Ord. 387, 1998)
Development in the LDRZD shall be subject to the general performance standards of chapter 17.48 of this title, as applicable, and the additional performance standards adopted herein.
A. Accessory Buildings: Accessory buildings shall be permitted in side or rear yards only and are subject to the setback requirements of section 17.44.010 of this title. Accessory buildings shall also be separated from other buildings on the same lot by at least five feet (5').
B. Outdoor Storage: Outdoor storage shall be confined to side or rear yards and screened from public view and neighboring properties by a dense evergreen hedge or an opaque fence or wall that is at least six feet (6') in height.
Exception: Construction equipment and materials may be temporarily stored in a front yard, but shall be removed promptly upon completion of construction. The parking of a currently licensed vehicle is not outdoor storage.
C. Landscaped Buffers: Developments in the LDRZD shall install and maintain any landscaped buffers required by section 17.44.020 of this title. (Ord. 387, 1998)
The higher density residential zoning district (HDRZD) provides for a mix of housing types and densities, but is protected from conflict with commercial and industrial uses. Conflict between different densities of residential development within the HDRZD will be avoided or mitigated by requiring approval of a class II permit for subdivisions, mobile home parks, and most multiple-family dwellings. Home businesses are permitted, but only in compliance with performance standards that require them to be compatible with neighboring homes. Schools, churches, daycare centers, and parks are also allowed, but only after public review and approval of a class II permit ensures that they are compatible with a predominantly residential environment. (Ord. 387, 1998)
The permitted uses in the HDRZD shall be:
Accessory uses and buildings customarily associated with the uses permitted in this zoning district, including the class II permit uses.
Home businesses, in compliance with the detailed performance standards of chapter 17.64 of this title.
Minor utility installations.
One- or two-family dwellings and multiple-family (attached) dwellings containing no more than eight (8) dwelling units.
A class I permit shall be required for the establishment of any new use or building listed above, unless that use or building is specifically exempted from the requirement for a permit by section 17.16A.020 or 17.16A.030 of this title. (Ord. 387, 1998)
The uses that may be permitted only upon approval of a class II permit in the HDRZD shall be:
Mobile home parks.
Multiple-family (attached) residential developments containing more than eight (8) dwelling units.
Schools, churches, daycare centers, and parks.
Subdivisions designed for occupancy by any of the dwelling types or densities permitted in this zoning district, and by the class II permit uses listed here. (Ord. 387, 1998)
The specification standards for development within the HDRZD shall be as shown in section 17.44.010 of this title, with the addition of the following standards for the spacing of units within mobile home parks:
A. Front setback (from internal streets): Fifteen feet (15');
B. Side setback: Five feet (5'); and
C. Rear setback: Five feet (5'). (Ord. 387, 1998)
Development in the HDRZD shall be subject to the general performance standards of chapter 17.48 of this title, as applicable, and the additional performance standards adopted herein.
A. Accessory Buildings: Accessory buildings shall be permitted in side or rear yards only, and are subject to the setback requirements of section 17.44.010 of this title. Accessory buildings shall also be separated from other buildings on the same lot by at least five feet (5').
B. Outdoor Storage: Outdoor storage shall be confined to side or rear yards and screened from public view and neighboring properties by a dense evergreen hedge or an opaque fence or wall that is at least six feet (6') in height.
Exception: Construction equipment and materials may be temporarily stored in a front yard, but shall be removed promptly upon completion of construction. The parking of a currently licensed vehicle is not outdoor storage.
C. Internal Circulation: Multiple-family developments that include multiple buildings and mobile home parks shall provide a safe system of internal circulation that is maintained by the owner or operator, or, in the case of condominiums, the owners' association. Internal circulation systems shall comply with the detailed performance standards of chapters 17.56 and 17.60 of this title.
D. Landscaped Buffers: Developments in the HDRZD shall install and maintain any landscaped buffers required by section 17.44.020 of this title. (Ord. 387, 1998)
The purpose of the highway commercial zoning district (HCZD) is to provide a place for commercial uses that depend on a high degree of accessibility and visibility from U.S. Highway 20. (Ord. 387, 1998)
The permitted uses in the HCZD shall be:
Accessory uses and buildings customarily associated with the uses permitted in this zoning district, including the class II permit uses.
All commercial uses, except those for which a class II permit is required by section 17.32.030 of this chapter.
Minor utility installations.
A class I permit shall be required for the establishment of any new use or building listed above, unless that use or building is specifically exempted from the requirement for a permit by section 17.16A.020 or 17.16A.030 of this title. (Ord. 387, 1998)
The uses that may be permitted, upon approval of a class II permit, in the HCZD shall be:
Commercial uses that may reasonably be expected to involve the use or storage of combustible, flammable, explosive, or hazardous materials in quantities greater than one hundred kilograms (100 kg) per month.
"Large scale commercial developments", which shall be defined as any commercial building or any outdoor display and sales area, or any combination of the two (2) that occupies more than five thousand (5,000) square feet.
Subdivisions designed for occupancy by any of the uses permitted in this zoning district. (Ord. 387, 1998)
The specification standards for development within the HCZD shall be as shown in section 17.44.010 of this title. (Ord. 387, 1998)
Development in the HCZD shall be subject to the general performance standards of chapter 17.48 of this title, as applicable, and the additional specific performance standards adopted herein.
A. Accessory Buildings: Accessory buildings are subject to the setback requirements of section 17.44.010 of this title. Accessory buildings shall also be separated from other buildings on the same lot by at least five feet (5').
B. Landscaped Buffers: Developments in the HCZD shall install and maintain any landscaped buffers required by section 17.44.020 of this title.
C. Planting Strips: Developments in the HCZD shall install and maintain, or provide for the maintenance of, a ten foot (10') wide planting strip along any adjoining state maintained highway, and along any adjoining street that serves as a boundary between the HCZD and a residential zoning district. The planting strip shall comply with the requirements of section 17.44.020 of this title for landscaped buffers.
D. Internal Circulation: Commercial developments that include multiple buildings shall provide a safe system of internal circulation that is maintained by the owner or operator, or an owners' association. Internal circulation systems shall comply with the detailed performance standards of chapters 17.56 and 17.60 of this title. (Ord. 387, 1998)
The purpose of the community core zoning district (CCZD) is to provide for a traditional "main street" pattern of development in downtown Ashton. (Ord. 387, 1998)
The permitted uses in the CCZD shall be:
Accessory uses and buildings customarily associated with the uses permitted in this zoning district, including the class II permit uses.
All commercial uses, except those for which a class II permit is required by section 17.36.030 of this chapter.
Minor utility installations.
Residential use of upper floors in commercial buildings.
A class I permit shall be required for the establishment of any new use or building listed above, unless that use or building is specifically exempted from the requirement for a permit by section 17.16A.020 of 17.16A.030 of this title. (Ord. 387, 1998)
The uses that may be permitted, upon approval of a class II permit, in the CCZD shall be:
Commercial uses that may reasonably be expected to involve the use or storage of combustible, flammable, explosive, or hazardous materials in quantities greater than one hundred kilograms (100 kg) per month.
"Large scale commercial developments", which shall be defined as any commercial building or any outdoor display and sales area, or any combination of the two (2) that occupies more than eight thousand (8,000) square feet.
Subdivisions designed for occupancy by any of the uses permitted in this zoning district. (Ord. 387, 1998)
The specification standards for development within the CCZD shall be as shown in section 17.44.010 of this title. (Ord. 387, 1998)
Development in the CCZD shall be subject to the general performance standards of chapter 17.48 of this title, as applicable, and the additional performance standards adopted herein.
A. Accessory Buildings: Accessory buildings are subject to the setback requirements of section 17.44.010 of this title. Accessory buildings shall also be separated from other buildings on the same lot by at least five feet (5').
B. Landscaped Buffers: Developments in the CCZD shall install and maintain any landscaped buffers required by section 17.44.020 of this title.
C. Internal Circulation: Commercial developments that include multiple buildings shall provide a safe system of internal circulation that is maintained by the owner or operator, or an owners' association. Internal circulation systems shall comply with the detailed performance standards of chapters 17.56 and 17.60 of this title. (Ord. 387, 1998)
The purpose of the industrial zoning district (IZD) is to provide places where industrial uses can operate with minimal conflict with less intensive uses. (Ord. 387, 1998)
The permitted uses in the IZD shall be:
Accessory uses and buildings customarily associated with the uses permitted in this zoning district, including the conditional uses.
All industrial uses, except those for which a class II permit is required by section 17.40.030 of this chapter.
A class I permit shall be required for the establishment of any new use or building listed above, unless that use or building is specifically exempted from the requirement for a permit by section 17.16A.020 or 17.16A.030 of this title. (Ord. 387, 1998)
The uses that may be permitted upon approval of a class II permit in the IZD shall be:
Industrial uses that may reasonably be expected to involve the use or storage of combustible, flammable, explosive, or hazardous materials in quantities greater than one hundred kilograms (100 kg) per month.
"Large scale industrial developments", which shall be defined as any industrial building or outdoor materials handling and storage area, or any combination of the two (2) that occupies more than ten thousand (10,000) square feet.
Subdivisions designed for occupancy by any of the uses permitted in this zoning district. (Ord. 387, 1998)
The specification standards for development within the IZD shall be as shown in section 17.44.010 of this title. (Ord. 387, 1998)
Development in the IZD shall be subject to the general performance standards of chapter 17.48 of this title, as applicable, and the additional specific performance standards adopted herein.
A. Accessory Buildings: Accessory buildings shall be separated from other buildings on the same lot by at least five feet (5').
B. Landscaped Buffers: Developments in the IZD shall install and maintain any landscaped buffers required by section 17.44.020 of this title.
C. Planting Strips: Developments in the IZD shall install and maintain, or provide for the maintenance of, a ten foot (10') wide planting strip along any adjoining state maintained highway, and along any adjoining street that serves as a boundary between the IZD and a residential zoning district. The planting strip shall comply with the requirements of section 17.44.020 of this title for landscaped buffers.
D. Internal Circulation: Industrial developments that include multiple buildings (an industrial park) shall provide a safe system of internal circulation that is maintained by the owner or operator, or an owners' association. Internal circulation systems shall comply with the detailed performance standards of chapters 17.56 and 17.60 of this title. (Ord. 387, 1998)
A. TABLE 1
| Specification Standard | LDRZD | HDRZD | HCZD | CCZD | IZD |
| Minimum lot size | 6,000 square feet | None | None | ||
| Minimum lot frontage | 50 feet | 50 feet | - | None | None |
| Minimum front setback | 20 feet | 20 feet | None | ||
| Minimum side setback | 6 feet | 6 feet | 6 feet | None | |
| Minimum rear setback | 6 feet | 6 feet | 6 feet | 5 feet | |
| Maximum lot coverage | 50% | 60% | 85% | 100% | |
| Maximum building height | 35 feet | 35 feet | 35 feet | 35 feet | |
| Minimum parking spaces | Chapter 17.60of this title | Chapter 17.60 of this title | None |
Notes: 1. Minimum lot size will be a function of the requirements of this title relative to the size and type of use, including the minimum setbacks and maximum lot coverage, off street parking and loading requirements, and landscaped buffer requirements. 2. Minimum front setback will be a function of the required landscaped buffers (which include a planting strip for HCZD uses along U.S. Highway 20) and other site planning considerations. 3. There is no minimum side or rear setback within the IZD, nor is there a maximum lot coverage, but landscaped buffers may be required where the IZD adjoins other zoning districts. 4. No set limit, but the fire department must provide a statement of record that it can adequately protect structures over 35 feet in height. Exception: Where a uniform (maximum 2 foot variation among buildings) setback that is less than the requirement of this table has been established by at least 60 percent of the existing buildings on a block facing a local street (this exception does not apply along U.S. Highway 20 or Idaho State Highway 47), new buildings may come to that line. B. Definitions of the principal terms used in this table are provided below. Every lot has one front, one rear, and two (2) side yards. BUILDING HEIGHT: Measured from average finished grade to the highest part of the structure. Antennas, vents, and similar nonstructural projections above the roofline are not included. CORNER LOTS: A "corner lot" is any lot that is bordered by more than one street. Front Setback: The distance, at the nearest point, from the street right of way on which the principal building has its address to the outer foundation wall of the principal building, or to any projection of that building which extends more than three feet (3') beyond the outer foundation wall. Rear Setback: The distance, at the nearest point, from the property line opposite the street on which the principal building has its address to the outer foundation wall of the principal building, or to any projection of that building which extends more than three feet (3') beyond the outer foundation wall. Side Setback: The distance, at the nearest point, from a property line that is perpendicular, or more or less perpendicular, to the street on which the building has its address, or to any projection of that building which extends more than three feet (3') beyond the outer foundation wall. INTERIOR LOTS: An interior lot is any lot that is bordered by only one street. Front Setback: The distance, at the nearest point, from the street right of way to the outer foundation wall of the principal building, or to any projection of that building which extends more than three feet (3') beyond the outer foundation wall. Rear Setback: The distance, at the nearest point, from the alley right of way, or the property line that is parallel, or more or less parallel, to the street, to the outer foundation wall of the principal building, or to any projection of that building which extends more than three feet (3') beyond the outer foundation wall. Side Setback: The distance, at the nearest point, from a property line that is perpendicular, or more or less perpendicular, to the street, to the outer foundation wall of the principal building, or to any projection of that building which extends more than three feet (3') beyond the outer foundation wall. LOT COVERAGE: The portion of the lot covered by buildings, including accessory buildings, sidewalks, driveways, and other hard surfaces. For example, a maximum lot coverage of fifty percent (50%) means that at least fifty percent (50%) of the lot must be in yard, garden, buffers, or other landscaped space. (Ord. 387, 1998)
A. Buffers:
TABLE 2
| LDRZD | HDRZD | HCZD | CCZD | IZD | |
| € Providing Buffer | |||||
| LDRZD | None | 20 feet | 20 feet | 20 feet | 50 feet |
| HDRZD | 20 feet | None | 20 feet | 10 feet | 50 feet |
| HCZD | 20 feet | 20 feet | None | None | 20 feet |
| CCZD | 10 feet | 10 feet | 10 feet | None | 20 feet |
| IZD1 | 50 feet | 50 feet | 20 feet | 20 feet | None |
Note: 1. Buffers shall not be required for redevelopment of existing IZD uses. B. Minimum Buffer Requirements: The width of required buffers varies with the nature of the uses being separated, as shown in subsection A of this section. The minimum buffer width given in the table is the width required where the buffer consists of a level or gently sloping area of sod or ground cover and at least four (4) major trees per hundred lineal feet of buffer. C. Buffer Width Reduction; Berms Or Walls: The minimum buffer width requirements may be reduced where a berm is included in the buffer or where an opaque fence or wall is installed along the interior edge of the buffer. The width reduction shall be twice the height of a berm or the height of a fence or wall, but the maximum permitted reduction shall be thirty percent (30%) of the minimum required buffer width. No berm shall have a slope of more than three to one (3:1), except where a retaining wall is incorporated into the berm on the side opposite the use or public way being buffered. Fences or walls shall be consistent in design and the choice of materials and color with the principal building being buffered. D. Buffer Width Reduction; More Plants: The basic buffer width requirements may be reduced where a greater density and diversity of plantings is included in the buffer. The buffer width reductions permitted for different types of additional plantings are cumulative and may result in a total reduction of up to thirty percent (30%). The buffer width reduction permitted for a berm or wall is cumulative with those permitted herein permitting a maximum total sixty percent (60%) reduction in the width of the buffer, but note that there is a minimum buffer width, regardless of reductions permitted. 1. Major Trees: The required buffer width shall be reduced by ten percent (10%) where five (5) or more major trees per hundred lineal feet are planted or retained. 2. Understory Trees: The required buffer width shall be reduced by ten percent (10%) where five (5) or more understory trees per hundred lineal feet are planted or retained. 3. Shrubs: The required buffer width shall be reduced by ten percent (10%) where twenty (20) or more shrubs per hundred lineal feet are planted or retained. E. Minimum Buffer Width; Regardless Of Reductions: No required buffer shall be less than half the minimum required buffer width or less than eight feet (8') wide, regardless of any reductions permitted. F. Buffer Crossings; Inclusions: Buffers may be crossed by access driveways, utility lines, sidewalks, and pedestrian trails. A sidewalk or pedestrian trail may also run along the length of a buffer, with its width, up to a maximum five feet (5'), being included in the required buffer width. Buffers may also include permitted signs. G. Plant Materials Specifications: Plant materials installed in required buffers shall be warrantied for one year and meet the following specifications: 1) all trees, major and understory, shall be containerized or bagged and burlapped stock in good condition with a caliper of at least 1.5 inches, measured one foot (1') above grade, for deciduous trees, and a height of at least six feet (6') for coniferous trees; and 2) all shrubs shall be minimum one gallon containerized stock in good condition. H. Maintenance: Perpetual maintenance of required buffers is required by sections 17.68.120 through 17.68.150 of this title. (Ord. 387, 1998)
This chapter establishes performance standards that apply to all developments. (Ord. 387, 1998)
All developments shall demonstrate continuing compliance with state and federal water quality regulations. (Ord. 387, 1998)
A professionally prepared runoff and erosion control plan shall be implemented by developments where a cumulative total of more than one acre of land with a slope of more than eight percent (8%) will be disturbed, or where a cumulative total of more than twenty thousand (20,000) contiguous square feet of impervious cover will be created. That plan shall:
A. Identify runoff and erosion hazard areas on the site;
B. Identify areas and facilities, both on and downslope from the site, that are vulnerable to damage from accelerated runoff or erosion;
C. Show how the retention of existing vegetation will be maximized and land disturbance minimized;
D. Show how existing trees that are to be retained will be protected from damage during construction;
E. Show how the area disturbed by construction at any one time will be minimized and how disturbed areas will be stabilized during the construction period;
F. Show how disturbed areas will be promptly, permanently stabilized by revegetation or structural techniques;
G. Show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase of runoff;
H. Show how any additional runoff, generated will be retained on site and infiltrated or evaporated, or released at a rate not exceeding the predevelopment rate of release;
I. Show how sediment resulting from accelerated soil erosion will be retained on site; and
J. Show how water quality in adjoining or nearby streams and wetlands will be protected by retention of existing vegetation, installation of vegetative filter strips, and other means. (Ord. 387, 1998)
All developments shall demonstrate compliance with state and federal wetlands protection requirements. (Ord. 387, 1998)
All developments shall demonstrate continuing compliance with state and federal air quality regulations. (Ord. 387, 1998)
All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, headgates, canals, pumps, drains, etc.) shall be reviewed by the responsible irrigation entity. No development shall be permitted to adversely impact the operation of any irrigation system and all developments shall comply with the specific performance standards established herein.
A. Subdivisions shall demonstrate compliance with Idaho Code 31-3805, as amended, which provides for the approval of subdivisions by irrigation entities. Compliance shall be attained by the transfer of water rights or the installation of a central irrigation system maintained by a community association. Irrigation systems installed in subdivisions to achieve compliance with Idaho Code 31-3805 are subject to the requirements imposed on other subdivision improvements.
B. No development shall channel storm water or snowmelt runoff into any irrigation system without written consent of the responsible irrigation entity. (Ord. 387, 1998)
As required by Idaho Code 22-2407, "It shall be the duty and responsibility of all persons and nonfederal agencies to control noxious weeds on land and property that they own ". (Ord. 387, 1998)
All potential nuisances and hazards shall be mitigated by appropriate means.
A. Noise: No development that will create excessive levels of sound beyond its property line shall be permitted. Excessive sound, measured at the property line of the receiving use, exceeds the standards of table 3 provided herein. This performance standard applies to sounds generated by the occupancy or operation of a development, including sound generated by the operation of trains, motor vehicles, and heavy equipment on the site. It does not apply to the movement of trains on existing railroad rights of way, the movement of motor vehicles on public streets, the operation of farm machinery, the operation of watercraft, or other sources of noise that are not attributable to a particular development.
TABLE 3
DETAILED PERFORMANCE STANDARDS FOR NOISE
|
Receiving Use |
Maximum Sound Level
|
|
Residential |
60 dBA1, 7:00 A.M. to 10:00 P.M.
|
|
|
50 dBA, 10:00 P.M. to 7:00 A.M.
|
|
Commercial, industrial |
70 dBA, any time
|
Note:
1. dBA is the measure of sound levels in A-weighted decibels.
Temporary Exception: The maximum sound levels of table 3 herein may be exceeded by temporary construction and maintenance activities, but any excessive noise generated by those activities shall be restricted to the hours between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
B. Light, Glare, Heat:
1. No industrial or commercial development shall direct hazardous light, glare, or heat beyond its property line. Such developments shall shield welding equipment and similar sources of intense light from neighboring properties or public ways by enclosure in a building, location on the property, or construction of a fence or wall, or a densely planted landscaped buffer.
2. All fixtures used to illuminate commercial and industrial uses shall have a full cutoff, no building or landscape feature shall be uplit, and no commercial or industrial use shall generate a level of illumination greater than 0.4 foot-candle in any neighboring area that is zoned for residential use.
C. Interference: No development shall create electrical interference that adversely affects other uses.
D. Solid Waste:
1. Solid waste shall be stored in an enclosed building or in approved containers and handled in a manner that does not: a) attract rodents, flies, or other animals; b) generate odors perceptible beyond the property line or liquid runoff; or c) permit the blowing of paper and other lightweight waste.
2. Industrial or commercial solid waste handling and storage areas shall be effectively screened from the public view by enclosure in a building, location on the site, or the construction of a fence or wall. This includes expansions of existing solid waste handling and storage areas.
E. Runoff: No development shall channel storm water or snowmelt runoff in a way that adversely impacts neighboring properties or public ways. See also section 17.48.030 of this chapter.
F. Snow Hazards And Storage:
1. No building shall be designed or constructed so as to shed snow from a pitched roof onto a public sidewalk.
2. All developments shall demonstrate that adequate snow storage is available, either on site (see section 17.48C.040 of this chapter) or via regular removal. No development shall rely on public rights of way, or other public lands, for snow storage, except where the city has granted written permission for snow storage on otherwise unused land. (Ord. 387, 1998)
Any development that is, or that may reasonably be expected to be, subject to the reporting requirements of EPCRA, the emergency planning and community right to know act of 1986, shall demonstrate continuing compliance with all state and federal requirements for the storage and handling of hazardous substances. (Ord. 387, 1998)
A. All developments shall be designed to optimize functional connections with adjoining developments, including shared access to arterials, shared parking and service access, shared buffers and open space, and shared pedestrian circulation.
B. Industrial, commercial, and higher density residential developments shall be designed to route traffic as directly as possible to arterial streets (the state highways) and avoid routing traffic through lower density residential areas. (Ord. 387, 1998)
A. Manufactured homes shall comply with the national manufactured home construction and safety standards act (40 USC 5401) or the uniform building code.
B. Manufactured homes that are not in an approved mobile home park shall be placed on a permanent foundation that complies with the manufactured home setup code 4 and permanently connected to municipal utilities.
C. Where a system A foundation is used, the manufactured home shall be skirted using a compatible material and color. Skirting materials shall have an R value of at least nineteen (19). (Ord. 387, 1998)
All developments and all lots or parcels within a development shall be connected to the city's water and sewerage systems.
A. Water and sewerage service shall be extended to all lots before the street surface is constructed.
B. The provision of municipal utilities, including any necessary extension of mains, lift stations, etc., shall be the responsibility of the developer (see chapter 17.68 of this title on required improvements), but the city may choose to bear the additional costs of constructing larger facilities to prepare for future development.
C. Commercial developments may be required to provide pretreatment before the wastes they generate enter the city's sewerage system. (Ord. 387, 1998)
A. All developments, and all lots or parcels within a development, shall have direct access to electric power, telephone, and, where available, cable television and natural gas. Private utilities shall be provided by the developer, in compliance with the standards of the individual utilities.
B. Wherever such service is available, utilities shall be placed underground, with the connections to each lot made before street or road surfaces are constructed. (Ord. 387, 1998)
No building shall be placed in any utility easement, public or private. Fences may be constructed across municipal utility easements, but only where a gate or separable section is approved by the council. Fences across other easements must have approval of the affected utility. (Ord. 387, 1998)
Off street parking and loading areas shall be provided as required by chapter 17.60 of this title, including properly drained and graded gravel driveways. Snow storage shall not be permitted to reduce the size of any required off street parking or loading area. (Ord. 387, 1998)
Points of access to public streets shall be constructed in compliance with the standards of chapters 17.56 and 17.60 of this title. Developments with points of access to a state maintained highway shall obtain approval for those points of access from the Idaho transportation department.
A. Developments shall minimize the number of points of access to arterials, but also comply with subsection B of this section.
B. Developments shall maintain the existing grid pattern of the city's streets, where feasible. (Ord. 387, 1998)
Safe all weather access to all developments and all lots within any development shall be provided by the developer. The design and construction of streets shall be in compliance with the detailed performance standards of chapter 17.56 of this title. (Ord. 387, 1998)
Streetlights shall be installed at all intersections, at the developer's expense. (Ord. 387, 1998)
Sidewalks shall be installed by all developments in the CCZD and HCZD. (Ord. 387, 1998)
All applications for class II permits shall be referred to the North Fremont fire protection district for review and comment. If comments are not received before or at the scheduled hearing, it shall be assumed that the district had none. Fire protection district comments may result in approval of a permit being conditioned on:
A. Provision of additional access for firefighting apparatus where the exterior wall of a commercial or industrial building is located more than one hundred fifty feet (150') from a public street, or other safe and adequate access for firefighting apparatus;
B. Installation of a fire alarm system and installation of sprinklers or other fire suppression devices;
C. Provision of a water supply for firefighting by commercial or industrial developments where the city water system does not provide adequate fire flows;
D. Limitations on the storage of combustible material, including location on the property, setbacks from property lines, minimum aisle widths, and the height, size, and/or volume of individual piles, stacks, etc.;
E. Setbacks or buffers larger than those otherwise required by this title for uses that use or store combustible, flammable, explosive, or hazardous materials;
F. Setbacks from property lines and buildings and/or separations between containers or tanks used to store hazardous materials;
G. Installation of spill and drainage control, including secondary containment and overflow control by developments that handle hazardous materials, including flammable and combustible liquids;
H. Limitations on the total quantity of hazardous materials, including flammable and combustible liquids, that may be kept at a site;
I. Submission and implementation of a hazardous materials management plan (see also section 17.48B.020 of this chapter). (Ord. 387, 1998)
A "large scale development" is a residential or mixed use project, or a series of adjacent or related residential or mixed use projects, that will contain twenty (20) or more residential lots or units, or a commercial, industrial, or mixed use project, or series of adjacent or related commercial, industrial, or mixed use projects, that will contain more than five thousand (5,000) square feet of commercial or industrial space.
A. Large scale developments shall provide, or make a fair, proportional contribution to the provision of, any new public facilities or improvements to existing public facilities necessitated by their development. Such facilities shall be provided in compliance with all requirements of this title and may include: off site runoff and erosion control measures; additional water supplies; additional sewerage system capacity; off site street improvements such as deceleration or acceleration lanes, left turn lanes, signs or signals, and bridges or culverts; solid waste transfer stations; emergency services buildings and apparatus, including fire engines or ambulances; and neighborhood parks (including space used for recreational trails) at a rate of two (2) acres per thousand population.
B. The public facilities needs of the large scale development shall be determined through a fact finding process conducted by the commission, at the expense of the developer. The commission may retain planners and/or engineers to conduct this study, the purpose of which shall be to determine what new facilities needs may be attributed to the proposed development. The large scale development study process shall be conducted as follows:
1. The administrator shall determine whether a proposed development is a large scale development upon the filing of an application for sketch plan review.
2. The administrator shall place the initiation of a large scale development study on the agenda of the next regular commission meeting, along with the sketch plan review.
3. The commission shall review the application at that meeting. If it confirms the administrator's determination, the commission shall direct the administrator to begin a large scale development study.
4. Where a large scale development study is required, the developer shall place a deposit with the city in the amount provided in the resolution establishing fees for administration of this title. The administrator shall retain appropriate professional assistance for the study, drawing against the required deposit as necessary. All unused funds shall be returned to the developer upon completion of the study.
5. The application shall be considered complete and a hearing scheduled only after completion of the large scale development study.
C. A large scale development study shall:
1. Project the additional need for public facilities that will be generated by the proposed development;
2. Inventory the facilities that will serve the proposed development and their existing condition and capacity;
3. Combine the projections and inventory to show what, if any, additional or improved facilities will be needed to serve the proposed development; and
4. Estimate the costs of those additional or improved facilities. Where it is anticipated that new or improved facilities will also serve other developments (existing or new), the study shall calculate the fair proportional contribution of the large scale development to the total costs of the new or improved facilities. (Ord. 387, 1998)
A record of survey or plat shall be required for all land divisions, except those exempted by section 17.16A.020 of this title. Records of survey and plats shall meet all requirements of title 50, chapter 13 of the Idaho Code, "Plats And Vacations" 5 , as amended, and all requirements of subsection 17.16A.100B of this title. (Ord. 387, 1998)
5- IC 50-1301 through 50-1329.
Lot splits require a class I permit. All lot splits shall comply with the following requirements, in addition to all applicable performance standards of this title:
A. Lot splits shall not be used as a means to evade the requirements of this title for subdivisions. The use of multiple lot splits to evade those requirements shall be a violation of this title.
B. Any parcel created shall be capable of accommodating a use permitted by this title.
C. Any parcel created shall have safe direct access to an existing public street in compliance with the performance standards of this title.
D. The county treasurer must certify that all real property taxes due on the parcel being split have been paid.
E. Approval of a lot split does not constitute or imply approval of any specific development on the parcel created, but the administrator may combine processing of class I permits for a lot split and the construction or placement of a one- or two-family dwelling on the parcel created. (Ord. 387, 1998)
A. Master Planning: Any application for a class II permit for a subdivision may be disapproved solely on the basis that it fails to show an overall plan for the development of the entire contiguous holdings of the developer and/or owner. Every lot created shall be capable of accommodating a use permitted by this title.
B. Subdivision Of Irrigated Lands: See section 17.48A.010 of this chapter.
C. Improvements: The subdivision improvements required by this title shall be provided, at the expense of the developer, as required by chapter 17.68 of this title.
D. Property Taxes: The county treasurer must certify that all real property taxes due on the parcel being subdivided have been paid. (Ord. 387, 1998)
Mobile home parks which permit short term (less than 1 month) occupancy shall be classified as commercial uses.
A. Skirting: All manufactured homes placed in a mobile home park shall be skirted with a matching metal or wood skirting material that has an insulating value of at least R-19.
B. Improvements: The mobile park improvements required by this title shall be provided, at the expense of the developer, as required by chapter 17.68 of this title. (Ord. 387, 1998)
This chapter establishes standards for the form and content of subdivision plats. The requirements it imposes are in addition to the requirements of state law. (Ord. 387, 1998)
A preliminary plat is one part of the application for a class II permit to subdivide (see section 17.16A.080 of this title) and shall accompany the official application form and all other materials required for a complete application. (Ord. 387, 1998)
Preliminary plats shall cover the entire area to be developed by one owner or a group of related or associated owners, even when it is anticipated that development will be phased or occur in the form of multiple subdivisions over several years. An application for a subdivision permit may be rejected as incomplete solely because it covers insufficient area. (Ord. 387, 1998)
Preliminary plats shall include:
A. A title block showing the name of the proposed subdivision and its location by quarter-quarter section, section, township, range, principal meridian, city, county, and state;
B. The name, address, and registration number of the engineer or land surveyor who prepared the preliminary plat;
C. A north point and both graphic and written scales;
D. A vicinity map that locates the proposed subdivision within the city and shows major streets and watercourses adjacent to or near the subdivision; and the boundaries of and recorded names of all adjacent or nearby subdivisions;
E. The location, nature, and boundaries of all existing public ways and public or private easements in or adjacent to the proposed subdivision, including the county book and page number references to the instruments establishing those ways or easements;
F. The location and size of all existing utility lines in or adjacent to the proposed subdivision;
G. The exterior boundaries of the proposed subdivision;
H. The location, exterior dimensions, and number of proposed lots and blocks, or other parcels created by the subdivision;
I. The acreage of each proposed lot, and a table showing the total acreage of the area proposed for subdivision, the total acreage in lots, the total acreage in streets, and the total acreage of parcels proposed for dedication to public use or to be held in common by the lot owners;
J. The names of all proposed streets and widths and boundaries of all proposed street rights of way and utility easements;
K. The location of all irrigation structures, watercourses, and wetlands within or adjacent to the proposed subdivision; and
L. Any other information required by this title. (Ord. 387, 1998)
Preliminary plats shall be prepared at a scale of one inch equals one hundred feet (1" = 100'), and all dimensions shown shall be in feet and decimals thereof. Plats of large areas may be prepared on multiple, serially numbered sheets with match lines and a sheet index map, which may be combined with the vicinity map. The vicinity and index maps shall appear on the first of the serially numbered sheets. (Ord. 387, 1998)
All final plats submitted shall be prepared in compliance with chapter 13, title 50 of the Idaho Code, as amended, and shall include all information listed below:
A. A title block showing the name of the subdivision and its location by quarter-quarter section, section, township, range, principal meridian, city, county, and state;
B. The name, address, and registration number or seal of the engineer or land surveyor who prepared the plat and that person's certification that the plat is accurate, and that the monuments described in it have been located and/or established as described;
C. A north point and both graphic and written scales;
D. A vicinity map that locates the proposed subdivision within the section and shows major roads and watercourses adjacent to or near the subdivision; and the boundaries of and recorded names of all adjacent or nearby subdivisions;
E. The point of beginning for the subdivision survey, which shall be a section or quarter section corner;
F. The location and a description of all existing monuments found during the course of the survey;
G. The location, nature, and boundaries, with bearings and distances, of all existing public ways and public or private easements in or adjacent to the subdivision including the county book and page number references of the instruments establishing those ways or easements;
H. The exterior boundaries of the subdivision, with all bearings and distances, including curve data for curving boundaries;
I. The location, exterior dimensions, and number of all lots and blocks, or other parcels created by the subdivision, including bearings and distances and curve data for curving boundaries;
J. The location and a description of all monuments established during the course of the survey;
K. The acreage of each lot, and a table showing the total acreage of the subdivided area, the total acreage in lots, the total acreage in streets, and the total acreage of any parcels dedicated to public use or held in common by the lot owners;
L. The names of all streets and widths and boundaries of all street rights of way and utility easements, including bearings and distances and curve data for curving boundaries;
M. A signed and dated owner's certificate which includes a complete legal description of the parcel being subdivided, and in which the owners of record dedicate all public ways and other public spaces to public use;
N. A public notary's acknowledgment of the owner's certificate;
O. A signed and dated certificate of consent in which all mortgagors, lien holders, and other parties with any real property interest, including the holders of mineral rights, in the property consent to its subdivision;
P. A public notary's acknowledgment of the certificate of consent;
Q. A certificate for signature by the county assessor and county treasurer, stating that the plat properly describes the property being divided and that all real property taxes due on the land being subdivided have been paid;
R. Certificates for plat approval by the commission and council;
S. A statement of "sanitary restriction", as required by Idaho Code 50-1326;
T. A certificate for use by the county recorder in recording the plat after its approval; and
U. Any other information required for compliance with this title. (Ord. 387, 1998)
Final plats shall be prepared at the scale of one inch equals one hundred feet (1" = 100') and all dimensions shown shall be in feet and decimals thereof. Plats of large areas may be prepared on multiple, serially numbered sheets with match lines and a sheet index map, which may be combined with the vicinity map. All required certificates and the vicinity and index maps shall appear on the first of the serially numbered sheets. (Ord. 387, 1998)
The developer shall also provide the city with one reproducible copy of the final plat suitable for photographic reproduction and reduction. (Ord. 387, 1998)
Plat amendments should be submitted in substantially the same form as a final plat (see article B of this chapter).
A. The amendment plat shall be clearly identified as such.
B. The amendment plat shall show the dimensions and acreage of all parcels that have been modified. New parcels may not be created by amendment.
C. The amendment plat shall include a key. That key shall show all changes made as an overlay over the final plat originally recorded.
D. The certificate of consent must be signed by all owners of record affected by the amendment.
E. Plat amendments are reviewed by the administrator rather than the commission before being presented to the council. The certificates of approval should be for the administrator and the council. (Ord. 387, 1998)
The purpose of this chapter is to provide standards for the construction or reconstruction of streets. These standards are for streets in low to medium density residential and light commercial areas. A large scale development study (see section 17.48D.010 of this title) will be required for any development that generates sufficient traffic to necessitate additional construction requirements. (Ord. 387, 1998)
Any requirement of this chapter may be altered as a result of a large scale development study required by section 17.48D.010 of this title. (Ord. 387, 1998)
A sixty foot (60') right of way shall be dedicated for all streets. Where alleys are provided they shall be twenty feet (20') in width. (Ord. 387, 1998)
The paved width of streets shall be forty feet (40') (two 12-foot travel lanes and two 8-foot parking lanes). (Ord. 387, 1998)
Street surfaces shall be laid over a properly compacted subgrade and consist of: a) minimum six inches (6") of coarse aggregate subbase; b) minimum two inches (2") of crushed coarse aggregate base; and c) minimum two inches (2") of bituminous asphalt paving. (Ord. 387, 1998)
Street surfaces shall be crowned so as to slope away from the centerline at a grade of two percent (2%). Curbs and gutters shall be installed in the HCZD and CCZD, with appropriate provision for handling the runoff accumulated. See section 17.48.030 of this title. In other areas, shallow, parabolic drainage and snow storage areas shall be provided along all streets. These drainageways shall be reseeded promptly after construction. (Ord. 387, 1998)
Clear vision triangles shall be provided as follows:
A. At intersections: The clear vision triangle includes the area defined by extending a line between two (2) points, one on each lot line paralleling the road, each of which is thirty feet (30') from the lot corner at the intersection; and
B. At other points of access: The clear vision triangle includes the area defined by extending a line between two (2) points, one on the lot line paralleling the road, and one on the outer edge of the driveway, each of which is fifteen feet (15') from the point where the driveway crosses the lot line.
C. No fence or wall, planter, hedge, shrubbery, or other visual obstruction more than three feet (3') in height above the grade of the intersecting streets or streets and access drives shall be permitted within a clear vision triangle.
D. No parking shall be permitted in a clear vision triangle. Trees shall be permitted, but only if all branches are removed to a height of at least seven feet (7') above grade. (Ord. 387, 1998)
The maximum grade of any street shall be eight percent (8%), except at intersections. The maximum grade at, and within fifty feet (50') along all approaches to, any intersection shall be two percent (2%). (Ord. 387, 1998)
Subsection 17.48C.050B of this title requires that subdivisions extend the existing grid pattern of city streets in additions to the city and subdivisions that may reasonably be expected to be annexed. Cul-de-sacs may be used within blocks where: a) maximum cul-de-sac length shall be six hundred sixty feet (660'); and b) minimum cul-de-sac radius shall be sixty feet (60'). (Ord. 387, 1998)
Dead end streets shall be prohibited, except where temporarily permitted by a development agreement. A temporary cul-de-sac shall be provided wherever a temporary dead end street serves four (4) or more lots. (Ord. 387, 1998)
The design approach speed for all intersections shall be fifteen (15) miles per hour. This requirement may be altered as the result of a large scale development study, as provided in section 17.48D.010 of this title. (Ord. 387, 1998)
All intersections shall be at a ninety degree (90°) angle plus or minus five degrees (±5°), with both approaches running at a ninety degree (90°) angle plus or minus five degrees (±5°) for at least fifty feet (50') before the intersection. (Ord. 387, 1998)
Curb radius (the radius at the intersection of the graded streets) at all intersections shall be twenty feet (20'), except at intersections with arterials, where it shall be twenty five feet (25'). (Ord. 387, 1998)
The minimum centerline offset of intersections shall be one hundred twenty five feet (125'), except for intersections with arterials, where it shall be two hundred feet (200'). (Ord. 387, 1998)
The developer shall install stop signs at all intersections with arterials. The developer shall also install all other signs required for safe traffic and pedestrian movement in the subdivision. (Ord. 387, 1998)
All culverts and bridges shall be designed by an engineer.
A. All bridges and culverts on natural watercourses shall be designed to pass a 100-year flood without damage to the bridge or its approaches and without diverting floodwaters onto neighboring properties.
B. Culverts shall be designed to pass the runoff from the 10-year, 6-hour storm.
C. The minimum gross vehicle load supported by any bridge or culvert shall be forty thousand (40,000) pounds. A higher load bearing capacity may be required by a large scale development study, as provided in section 17.48D.010 of this title.
D. There shall be a minimum fifty foot (50'), ninety degree (90°) approach to all bridges. (Ord. 387, 1998)
Sidewalks shall be installed in the HCZD and CCZD. Sidewalks shall be located within the street right of way, one foot (1') from and parallel to the outer edge of that right of way. Sidewalks shall be at least five feet (5') in width and consist of:
A. Subbase: A minimum four inches (4") of crushed coarse aggregate; and
B. Base: A minimum four inches (4") of Portland cement sidewalk. (Ord. 387, 1998)
These performance standards are intended to prevent traffic congestion by requiring provision of adequate off street parking and loading areas. (Ord. 387, 1998)
All buildings and uses shall provide the minimum number of off street parking spaces required by table B-1, section 17.60.040 of this chapter. Parking spaces shall have paved or properly graded and drained gravel surfaces. (Ord. 387, 1998)
The classification of uses and the off street parking requirements for uses not listed in table B-1, section 17.60.040 of this chapter shall be determined by the administrator. Any person who disputes a decision of the administrator may request a review of that decision using the appeals procedure of section 17.16B.010 of this title. (Ord. 387, 1998)
TABLE B-1
|
Land Use |
Parking Spaces
|
|
Dwellings (SLUC 11, 14) |
2 per unit
|
|
Lodging places (SLUC 15) |
1 per unit, plus 1
|
|
Theaters and similar places of assembly |
|
|
(including SLUC 72) |
0.33 per seat
|
|
Elementary and junior high schools |
1 per classroom, plus 1 (auditoriums used for public events are places of assembly)
|
|
Hospitals, rest homes, and similar uses |
|
|
(SLUC 6513, 6516) |
0.6 per bed, medical offices calculated separately as health services
|
|
|
|
|
Parking Spaces Per 1,000 |
|
|
Land Use |
Feet Of Gross Floor Area
|
|
Building materials, farm equipment, and |
1
|
|
furniture (SLUC 5211-5240, 5252, 57) |
|
|
Hardware, apparel, and miscellaneous |
3
|
|
retail uses (SLUC 5251, 56, 59) |
|
|
General merchandise, groceries, bakeries |
4
|
|
(SLUC 53, 54) |
|
|
Retail automotive, marine (SLUC 55) |
5
|
|
Eating and drinking places (SLUC 58) |
15
|
|
Financial, real estate, and insurance |
3
|
|
services (SLUC 61) |
|
|
Beauty and barber services (SLUC 623) |
6
|
|
Other personal services, miscellaneous |
3
|
|
services (SLUC 62, 69) |
|
|
Health services, except hospitals (SLUC 51) |
5
|
|
Professional services (SLUC 65) |
3
|
|
Shopping centers |
4
|
|
Mixed office uses |
3
|
Note: Other uses (transportation, communications, and utilities; wholesale trade; and industrial) shall provide 1 parking space for each anticipated employee plus 1 and 1 parking space for each anticipated company vehicle, plus 1. Where a place of assembly does not have fixed seating, 1 space shall be provided for each 25 square feet of assembly area. Off street parking requirements for different uses in the same building shall be calculated separately.
(Ord. 387, 1998)
Off street parking shall be provided on the same lot and under the same ownership as the use it serves, except that two (2) or more uses may share a parking area where:
A. The total number of spaces provided is not less than the sum of the parking spaces required for all buildings or uses served, and
B. A contract providing for shared parking for a period of ten (10) or more years is executed before approval of a permit and recorded before issuance of a certificate of compliance.
Required off street parking spaces shall be within six hundred feet (600') of a main entrance of the building or use being served, except for spaces serving a dwelling unit, which shall be within one hundred feet (100') of the unit served. (Ord. 387, 1998)
Daycare centers, preschools, public schools, and places for public assembly located on arterial roads shall provide at least one safe off street passenger loading area. Such areas shall be located where there is adequate visibility for their safe use and: a) be divided from the road by a curbed barrier of at least four feet (4') in width; b) be at least sixty feet (60') in length and twelve feet (12') wide; c) accommodate one-way traffic only; d) include a depressed curb section for handicapped access; and e) be marked by pedestrian crossing signs facing both traffic lanes. (Ord. 387, 1998)
Daycare centers, preschools, public schools, and places for public assembly located on arterial roads shall provide at least one safe off street passenger loading area. Such areas shall be located where there is adequate visibility for their safe use and: a) be divided from the road by a curbed barrier of at least four feet (4') in width; b) be at least sixty feet (60') in length and twelve feet (12') wide; c) accommodate one-way traffic only; d) include a depressed curb section for handicapped access; and e) be marked by pedestrian crossing signs facing both traffic lanes. (Ord. 387, 1998)
A. Agricultural Storage Facilities: Certain agricultural storage facilities, like potato cellars, generate substantial traffic during harvest, and may affect the flow of traffic on public roads. Setting specific setback or loading area standards for such uses is difficult, but all proposals for class I permits for new agricultural storage facilities shall include an on site circulation plan showing how trucks will flow through the site and demonstrating that potentially adverse impacts on public roads will be minimized. Where storage facilities are part of a commercial or industrial development, the circulation plan must be submitted with the application for class II permit review.
B. Commercial And Industrial Uses: All commercial and industrial buildings and uses, except those to which subsection A of this section applies, shall provide one safe, properly signed off street loading area for each ten thousand (10,000) square feet of gross floor area. Off street loading areas shall: 1) be on the same lot and under the same ownership as the building or use they serve, 2) be designed to accommodate the largest vehicle that may reasonably be anticipated for use on the site, and 3) have the following minimum dimensions:
|
Vertical clearance |
14 feet |
|
Width |
12 feet |
|
Depth (length) |
35 feet |
No vehicle parked in a required off street loading space shall extend into a public right of way. (Ord. 387, 1998)
Paved access driveways shall be provided for safe access to all off street parking and loading areas.
A. No parking area, except those serving single-family dwellings, shall be designed or constructed to create a situation in which vehicles are required to back onto a public road.
B. Parking and loading areas shall be sited and designed to minimize the number of access points to arterial roads.
C. No access driveway to a local road shall be within twenty feet (20') of any intersection or alley or ten feet (10') of another access point. The distance from an access driveway to an intersection is measured from the junction of the corner lot lines at the intersection, to the nearest side of the driveway.
D. No access driveway to an arterial road shall be within sixty feet (60') of its intersection with any local street, or two hundred feet (200') of its intersection with another arterial.
E. Clear vision triangles shall be provided for all access driveways, as described in section 17.56A.050 of this title.
F. Access driveways for single-family dwellings shall be a minimum of ten feet (10') wide, with a curb radius of five feet (5'). Access driveways for other uses shall be designed to accommodate the reasonably anticipated level of use. No access driveway shall approach a public road at a grade of more than twelve percent (12%).
G. Where required for drainage, access driveways shall be constructed over a minimum twelve inch (12") culvert capable of supporting a load of forty thousand (40,000) pounds. (Ord. 387, 1998)
The pattern of circulation within parking areas shall be designed to provide safe and efficient access to individual parking spaces, protect pedestrians moving through the parking area and prevent accidents by minimizing the random movement of automobiles, and facilitate safe access to public streets.
A. Minimum aisle widths shall be:
1. For two-way circulation and/or ninety degree (90°) parking: Twenty four feet (24');
2. For one-way circulation and sixty degree (60°) angle parking: Eighteen feet (18');
3. For one-way circulation and forty five degree (45°) angle parking: Fifteen feet (15'); and
4. For one-way circulation and thirty degree (30°) angle parking: Thirteen feet (13').
B. Where one-way circulation is used, directional signs shall be installed at all access points to the parking area.
C. No parking area shall be designed so that circulation from one portion of the area to another relies on a public street. (Ord. 387, 1998)
There shall be safe pedestrian access around or through all parking and loading areas. (Ord. 387, 1998)
This chapter provides detailed performance standards to help ensure that home businesses do not conflict with neighboring homes. (Ord. 387, 1998)
No home business shall have more than three (3) full time equivalent employees who are not members of the resident family. (Ord. 387, 1998)
Home businesses may be conducted within dwellings or customary accessory buildings (garage, shop), but the floor area occupied by home businesses shall be limited to:
A. For retail, personal service, and healthcare businesses: Twenty five percent (25%) of the floor area of the home or two hundred (200) square feet, whichever is smaller; and
B. For other businesses: Twenty five percent (25%) of the floor area of the home or one thousand (1,000) square feet, whichever is smaller.
Exception: See section 17.64.040 of this chapter for limits on bed and breakfast inns, traditional boarding houses, campgrounds, and recreational vehicle parks. (Ord. 387, 1998)
Bed and breakfast inns, traditional boarding houses, campgrounds, and recreational vehicle parks may be operated as home businesses, but with a limit of six (6) guestrooms or units. (Ord. 387, 1998)
Home businesses shall provide off street parking for all employees and any business vehicles, as required by the detailed performance standards of chapter 17.60 of this title. (Ord. 387, 1998)
Accessory buildings associated with home businesses shall be subject to the same standards as accessory buildings for residences in the zoning district in which the home business is located. (Ord. 387, 1998)
Outdoor storage associated with home businesses shall be subject to the same standards as outdoor storage for residences in the zoning district in which the home business is located. (Ord. 387, 1998)
Home occupations may display only one nonilluminated wall sign of no more than six (6) square feet. (Ord. 387, 1998)
This chapter requires the installation of improvements in subdivisions, manufactured home parks, and other developments at the developer's expense, sets improvement standards, permits the phased installation of improvements pursuant to formal development agreements, and requires the perpetual maintenance of required improvements. (Ord. 387, 1998)
A "required improvement" is any improvement required for compliance with this title. Required improvements specifically include (but are not limited to): a) any runoff and erosion control measures, including plantings, required in an approved runoff and erosion control plan; b) any open space or recreational area or facilities required of a large scale development; c) landscaped buffers and any other improvements required to mitigate a nuisance; d) water, sewer, and other utilities, including any extension of lines required to serve the development; e) off street parking and loading areas; and f) streets, including bridges, culverts, and street identification and traffic control signs. (Ord. 387, 1998)
The installation of all required improvements shall be at the developer's expense. (Ord. 387, 1998)
All required improvements shall be installed in compliance with this title and any design and engineering standards separately adopted by the city or other agencies responsible for providing services to the development. (Ord. 387, 1998)
A. Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied.
B. Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:
1. Incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phase(s);
2. Identifies all required improvements in the initial phase(s) and establishes their estimated cost;
3. Sets a schedule for the completion of the required improvements in the initial phase(s) and an anticipated schedule for future phases;
4. Guarantees completion, repair, and one year's maintenance of all required improvements in the initial phase(s) using one of the methods listed in section 17.68.070 of this chapter and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases;
5. Provides a process by which the city may, if necessary, complete required improvements using the guarantee(s) provided;
6. Provides a process by which either party may request renegotiation of the development agreement;
7. Provides a process by which the development agreement may be transferred, with city approval, to the developer's successors; and
8. Provides that the development agreement and any vested rights it confers shall be void if the city is required to "call" a guarantee to complete required improvements or if the anticipated schedule required by subsection B3 of this section is not met or renegotiated. The developer shall have the right to renegotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated, by the developer, within ninety (90) days after failure to initiate or complete a phase as scheduled.
9. An "initial" phase is any phase anticipated to begin within eighteen (18) months. The anticipated schedule may set times for the initiation or completion of a phase in terms of reasonable ranges of no more than twelve (12) months: i.e., phase I will be completed between June 1992 and June 1993. (Ord. 387, 1998)
The effect of a development agreement shall be to create vested rights in the conceptual site plan, as it was approved. All such rights expire with the development agreement. Development agreements do not insulate developments from changes in state or federal regulations or changes in building and fire codes. (Ord. 387, 1998)
Completion of the improvements identified in a development agreement shall be guaranteed by one of the following methods:
A. The developer may place an amount equal to one hundred ten percent (110%) of the estimated cost in escrow, with that amount and accumulated interest being released only after the city has inspected and accepted the required improvements. A development agreement may provide for the phased release of a portion of the escrowed funds as work proceeds, but at least twenty five percent (25%) of the amount in escrow shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the escrow account to complete those improvements, before returning any remaining balance to the developer.
B. The developer may provide an irrevocable or standing letter of credit for an amount equal to one hundred ten percent (110%) of the estimated cost. The letter of credit shall be released only after the city has inspected and accepted the required improvements. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the credit available to complete those improvements. (Ord. 387, 1998)
Fees for the inspection of required improvements shall be set by resolution of the city commissioners. Inspection fees shall be paid before any work on required improvements is permitted. (Ord. 387, 1998)
Required improvements shall be inspected by the administrator before acceptance. Acceptance of required improvements shall be by action of the council, following submission of the developer's written request for acceptance and receipt of the administrator's report that all improvements have been inspected and are in compliance with these regulations. (Ord. 387, 1998)
Reproducible as built drawings of all subdivision improvements shall be provided to the city at the developer's expense. (Ord. 387, 1998)
Required improvements shall be warranted by the developer for both materials and workmanship for one year after their acceptance. Such a warranty provision shall be included in all development agreements. Where all required improvements will be completed before a final plat is approved and the development is offered for lease, sale, or occupancy, a warranty agreement shall be submitted for approval. Enforcement of the warranty shall be assured by:
A. Retention of ten percent (10%) of an escrow account established to comply with section 17.68.070 of this chapter;
B. A continuing letter of credit, as provided in section 17.68.070 of this chapter, but for ten percent (10%) of the cost of the required improvements; or
C. Establishment of a new escrow account, in which an amount equal to ten percent (10%) of the cost of all required improvements is deposited, and which shall be released only upon expiration of the warranty. (Ord. 387, 1998)
The continuing maintenance of any improvement required for compliance with these regulations shall be required. Failure to maintain any required improvement shall be a violation of these regulations. (Ord. 387, 1998)
Any development subject to the continuing maintenance requirement of section 17.68.120 of this chapter that results, or may reasonably be expected to result, in the creation of multiple ownerships (subdivisions, condominiums) shall create a community association or similar mechanism to assure continuing maintenance. The developer shall submit the proposed declaration of covenants, articles of incorporation, and bylaws for the community association with the application for a permit and these documents shall be approved by the city attorney and recorded before any certificate of compliance is issued.
Exception: Creation of a community association shall not be required where the only improvement provided is future access to adjoining parcels. (Ord. 387, 1998)
The maintenance of any open space area required for compliance with these regulations shall include fencing, where required; control of noxious weeds; litter removal; and wildfire suppression. Maintenance activities shall not diminish the open space values (wetlands, slopes, etc.) being protected. (Ord. 387, 1998)
Maintenance of landscaped areas includes the installation and maintenance of an irrigation system, timely irrigation, weed and pest control, and all other activities required to maintain the function of the landscaped area. (Ord. 387, 1998)
Unlike the other chapters of this title, which apply to existing land uses or buildings only when they are changed, this chapter applies to all existing uses and buildings. This chapter is based on the authorities previously cited (see Idaho Code) and Idaho Code 50-334. (Ord. 387, 1998)
The uniform code for the abatement of dangerous buildings published by the International Conference of Building Officials is hereby adopted, and adapted as necessary to the administrative procedures used in this title. This code provides the city with the power, following due process, to order the demolition or repair of buildings that threaten public heath and safety. (Ord. 387, 1998)
A. No existing solid waste storage or handling area, or outdoor storage area may be expanded, except in compliance with the provisions of this title. For the purposes of this requirement, "expansion" shall include either an increase in the area used for storage, or an increase in the quantity of materials stored. This prohibition applies to outdoor storage for any reason, including storage on residential lots.
B. No solid waste storage or handling area, or outdoor storage area shall constitute an attractive nuisance, fire hazard, or health hazard.
ATTRACTIVE NUISANCE: Any property onto which abandoned appliances, buildings, or machines; bodies of water, or excavations could attract children into potentially hazardous areas. The required mitigation for an attractive nuisance will normally be installation and continued maintenance of an effective fence or wall.
FIRE HAZARD: Any accumulation or stockpile of combustible or flammable solid waste or material that, in the opinion of the fire chief, presents the possibility of accidental ignition and rapid spread to adjacent properties. The required mitigation for a fire hazard can be removal or enclosure in an appropriate container or structure.
HEALTH HAZARD: Any accumulation of solid waste or material that attracts vectors of disease, including insects and rodents. The required mitigation for a health hazard can be removal or enclosure in an appropriate container or structure. (Ord. 387, 1998)
A. All premises shall be maintained free of litter and weeds that might pose a health or safety hazard or result in the spread of weeds to other properties. Failure to so maintain any lot or parcel shall be a violation of this title.
B. All vacant lands shall be maintained in turf or an equivalent vegetative cover that prevents water and wind erosion. Failure to so maintain any lot or parcel shall be a violation of this title. (Ord. 387, 1998)
The procedure of section 17.16D.040 of this title should be used to determine whether a violation of this chapter exists.
A. Upon finding that a violation of this chapter exists, the administrator shall give the owner a reasonable time to correct the violation, as provided by subsection 17.16D.040B of this title.
Exception: See section 17.16D.050 of this title regarding emergency situations.
B. Upon finding that a violation of this chapter continues after the time permitted for its correction, the administrator may ask the prosecuting attorney to commence legal action, as provided by subsection 17.16D.040C of this title and/or ask the city council to declare the continuing violation a nuisance and authorize its removal by the city or a contractor, at the owner's expense. The city may levy a special assessment on the property to pay for the costs of nuisance abatement. (Ord. 387, 1998)