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Juliaetta City Code
Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 4 Reserved
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 7 Reserved
Title 8 Health & Safety
Title 9 Public Peace & Welfare
Title 10 Vehicles and Traffic
Title 11 Reserved
Title 12 Streets, Sidewalks,and Public Places
Title 13 Public Services
Reserved
Title 15 Construction
Title 16 Subdivisions
Title 17 Zoning
Title 1 General Provisions
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 City Boundaries
1.12 Official Newspaper and Official Depository
1.16 Elections
1.20 Initiative and Referendum
1.24 General Penalty
Chapter 1.01 CODE ADOPTION (Reserved)
Chapter 1.04 GENERAL PROVISIONS Sections: 1.04.010 Definitions. 1.04.020 Interpretation of language. 1.04.030 Grammatical interpretation. 1.04.040 Acts by agents. 1.04.050 Prohibited acts include causing and permitting. 1.04.060 Computation of time. 1.04.070 Construction. 1.04.080 Repeal shall not revive any ordinances. 1.04.010 Definitions. The following words and phrases, whenever used in the chapters of the city of Juliaetta, 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” means the city of Juliaetta, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. “Council” means the city council of the city of Juliaetta. All of the members or all of the council members means the total number of council members holding office. “County” means the county of Latah, Idaho. “Law” denotes applicable federal law, the Constitution and statutes of the state of Idaho, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated there under. “May” is permissive. “Month” means a calendar month. “Must and shall” are each mandatory. “Oath” 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 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 of any of them. “Personal property” includes money, goods, chattels, things in action and evidences of debt. “Preceding and following” means next before and next after, respectively. “Property” includes real and personal property. “Real property” includes lands, tenements and hereditaments. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. “State” means 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 the public use or such other public property so designated in any law of this state. “Tenant and occupant” applied to a building or land, 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” means a calendar year. (Ord. 2002-04 § 1)
1.04.020 Interpretation of language. 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. 2002-04 § 2)
1.04.030 Grammatical interpretation. The following grammatical rules shall apply in the ordinances of the city 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. 2002-04 § 3)
1.04.040 Acts by agents. 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. 2002-04 § 4)
1.04.050 Prohibited acts include causing and permitting. Whenever the ordinances of the city, or 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. 2002-04 § 5)
1.04.060 Computation of time. 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. 2002-04 § 6)
1.04.070 Construction. The provisions of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects. (Ord. 2002-04 § 7)
1.04.080 Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 2002-04 § 8)
Chapter 1.08 CITY BOUNDARIES
Sections: 1.08.010 Legal description--City limits. 1.08.010 Legal description--City limits. A parcel of land in Sections 3, 4, 9 and 10, Township 37 North, Range 3 West, Boise Meridian, County of Latah, State of Idaho more particularly described as follows: Commencing at the southeast corner of Section 9 marked by a rebar; thence South 88°33’27” West, 990.28 feet, along the south line of said Section 9, to the True Point of Beginning, being a point on the Nez Perce County, Latah County line. Thence continuing South 86°33’27” West, 272.16 feet, along said south line of Section 9, to the southwest corner of the Southeast one-quarter of the Southeast one-quarter, marked by a rebar; thence North 00°4’52” East, 2589.37 feet along the west line of the east one-half of the Southeast one-quarter to the northwest corner of said east one-half of the Southeast one-quarter, marked by a rebar; thence North 00°14’46” East, 2615.65 feet along the west line of the east one-half of the Northeast one-quarter to the northwest corner of said east one-half of the Northeast one-quarter, marked by a rebar; thence North 00°43’05” West, 1139.28 feet along the west line of the Southeast one-quarter of the Southeast one-quarter to a rebar; thence North 88°34’12” West, 152.83 feet to a rebar; thence North 69°45’57” West, 58.19 feet to a rebar; thence North 59°14’00” West, 96.00 feet to a rebar; thence North 00°00’00” West, 67.00 feet to a rebar on the south line of the Northwest one-quarter of the Southeast one-quarter; thence South 89°07’31” West, 583.11 feet, along the south line of said Northwest one-quarter of the Southeast one-quarter, to a rebar; thence North 00°43’06” West, 781.01 feet to a rebar; thence North 88°56’10” East, 871.22 feet to a rebar on the east line of said Northwest one-quarter of the Southeast one-quarter; thence North 00°43’05” West, 500.00 feet along said east line, to the Southeast corner of the Southwest one-quarter of the Northeast one-quarter, marked by a rebar; thence South 88°56’10” West, 265.42 feet, along the south line of said Southwest one-quarter of the Northeast one-quarter, to a rebar; thence North 20°21’37” East, 439.40 feet to a rebar; thence North 57°45’25” West, 556.20 feet to a rebar; thence North 00°00’00” West, 135.84 feet to a rebar; thence North 89°34’41” West, 54.76 feet to a rebar; thence North 67°20’21” West, 439.96 feet to a rebar; thence North 33°00’00” West, 270.00 feet to a rebar; thence North 63°00’00” East, 200.00 feet to a rebar; thence North 31°48’51” East, 516.02 feet to a rebar; thence North 22°28’30” West, 132.45 feet to a rebar; thence North 75°15’53” East, 119.77 feet to a rebar; thence North 59°47’23” East, 87.20 feet to a rebar; thence South 69°44’31” East, 51.19 feet to a rebar; thence South 52°16’50” East, 203.01 feet to a rebar; thence North 90°00’00” East, 94.l5 feet to a rebar; thence South 78°42’34” East, 295.30 feet to a rebar; thence North 00°24’23” East, 449.65 feet to a rebar near the southerly bank of the Middle Potlatch Branch; thence meandering along said southerly bank, South 58°00’00” East, 200.00 feet; South 76°00’00” East, 800.00 feet; South 68°00’00” East, 371.71 feet; South 76°00’00” East, 800.00 feet and North 82°17’13” East, 448.70 feet to a rebar on the westerly right-of-way line of Highway No. 3; thence South 56°22’50” East, 110.00 feet to a rebar on the easterly right-of-way of said Highway No. 3; thence North 33°37’10” East, 935.86 feet along said easterly right-of-way line to the westerly right-of-way line of the Northern Pacific Railroad right-of-way, marked by a rebar; thence South 67°06’06” East, 100.00 feet to the easterly right-of-way of said N.P. Railroad right-of-way, being a point on a 2182.30 foot radius curve concave easterly, a radial line to said point bears North 67°06’06” West; thence southerly along said easterly right-of-way line, along the arc of said curve whose chord bears South 21°24’00” West, 114.11 feet, through a central angle of 02°59’47”, a distance of 114.13 feet to the beginning of a tangent 2814.79 foot radius curve concave easterly; thence along the arc of said curve whose chord bears South 18°18’07” West, 157.19 feet, through a central angle of 03°12’00”, a distance of 157.21 feet to the beginning of a tangent 2098.59 foot radius curve concave easterly; thence along the arc of said curve whose chord bears South 11°25’15” West, 386.32 feet, through a central angle of 10°33’44”, a distance of 386.87 feet; thence South 83°51’37” East, 17.74 feet to the Nez Perce County, Latah County line; thence along said Nez Perce County, Latah County line, South 02°58’33” East, 1190.79 feet; South 10°44’32” West, 235.84 feet; South 52°23’39” West, 474.82 feet; South 31°20’32” West, 1307.49 feet; South 15°41’57” West, 732.84 feet; South 10°30’41” East, 755.57 feet; South 02°09’12” East, 317.10 feet; South 11°07’49” West, 528.81 feet; South 33°26’30” West, 1343.54 feet; South 18°50’40” East, 514.74 feet; South 18°30’54” West, 902.45 feet; South 10°33’11” West, 654.11 feet; South 20°59’09” West, 343.00 feet; South 31°49’30” West, 896.41 feet and South 05°01’40” West, 139.52 feet to the True Point of Beginning. Including any and all lands lying between the meander line and the Southerly bank of the Middle Potlatch Branch. Said parcel of land contains 435.15 acres more or less. (Ord. 2002-03 § 1) 1.08.010
Chapter 1.12 OFFICIAL NEWSPAPER AND OFFICIAL DEPOSITORY Sections: 1.12.010 Official newspaper designated. 1.12.020 Official depository designated. 1.12.010 Official newspaper designated. The Latah Eagle, a newspaper published at Potlatch, Idaho, is designated as the official newspaper of record for the city of Juliaetta. (Ord. 98-3 § 1) 1.12.020 Official depository designated. Wells Fargo Bank of Kendrick, Idaho is designated as the official depository for the funds of the city of Juliaetta. The treasurer is ordered, required and directed to keep monies belonging to or in the care of the city treasurer in the above named depository, provided, however, that when so authorized by the mayor and council, the treasurer may invest city funds in securities as authorized by law. (Ord. 2002-06 § 1: Ord. 136 § 1, 1967)
Chapter 1.16 ELECTIONS Sections: 1.16.010 Appointment of election judges and clerks. 1.16.010 Appointment of election judges and clerks. The city of Juliaetta and the city clerk shall appoint election judges and clerks for municipal elections in conformity with Idaho Code Section 50-409 and its successors. (Ord. 2002-13 § 1)
Chapter 1.20 INITIATIVE AND REFERENDUM Sections: 1.20.010 Creation of right. 1.20.020 Number of petitioners required. 1.20.030 Form of petitions. 1.20.040 Time for filing petitions. 1.20.050 Printing of petition and sheets for signatures. 1.20.060 Verification on sheets for signatures. 1.20.070 Examination and certification of signatures. 1.20.080 Sufficiency of petition, notification, effect of council action, election. 1.20.090 Form of ballot. 1.20.100 Conduct of election. 1.20.110 Costs of elections. 1.20.120 Canvass of returns. 1.20.130 Prohibited acts, penalties. 1.20.140 Penalty. 1.20.010 Creation of right. The people of this city shall have the right to enact ordinances through the initiative process, and to repeal ordinances through the referendum process, according to the procedures set forth herein. (Ord. 233 § 1, 1988) 1.20.020 Number of petitioners required. To enact an ordinance by initiative or to repeal an ordinance by referendum, there shall be attached or appended to the petition the signatures of the legal voters of the city equal to at least twenty (20) percent of the total number of electors who cast votes at the last general election in the city. (Ord. 2002-14 § 1 (part): Ord. 233 § 2, 1988) 1.20.030 Form of petitions. The initiative petition shall be in substantially the following form: Initiative Petition to the Mayor and Council of the City of Juliaetta, Idaho: “We, the undersigned citizens and legal voters of the City of Juliaetta, respectfully demand that the following proposed ordinance, to wit: (setting out full text of measure proposed) shall be submitted to the legal voters of the City of Juliaetta, for their approval or rejection at an election to be called in accordance with Idaho Code Section 50-501 (3), and each for himself says: I have personally signed this petition; I am a legal voter of the City of Juliaetta; my residence and post office are correctly written after my name.” Name ______________________ Street and No. _______________ P.O. _______________________ (Here follow numbered lines for signatures) The petition for referendum on any ordinance passed by the city council shall be in substantially the same form with appropriate title and changes, setting out in full the text of the ordinance to be referred to the people for their approval or rejection. (Ord. 233 § 3, 1988) 1.20.040 Time for filing petitions. Referendum petitions with the requisite number of signatures attached shall be filed with the city clerk not less than sixty (60) days following the final adoption of the ordinance to be subject to referendum. (Ord. 233 § 4, 1988) 1.20.050 Printing of petition and sheets for signatures. Time limits for perfection of petition: A. Before or at the time of initiating the circulation of any petition or referendum, the person or persons, organization or organizations under whose authority the petition is to be circulated, shall send or deliver to the city clerk a copy of such petition duly signed by at least twenty (20) electors eligible to sign such petition. The clerk shall immediately examine the petition and specify the form and kind and size of paper on which the petition shall be printed and circulated for further signatures. All petitions and sheets for signatures shall be printed on a good quality bond or ledger paper, on pages eight and one-half inches in width by thirteen (13) inches in length, with a margin of one and three-fourths inches at the top for binding, and the sheets for signatures, shall have numbered lines thereon from one to twenty (20) for signatures. B. The city clerk shall indicate in writing on the petition that he or she has approved it as to form, the clerk shall inform the person or persons, organization or organizations under whose authority the petition is to be circulated, in writing, that the petition must be perfected with the required number of certified signatures within sixty (60) days following the date of approval as to form. Any petition that has not been perfected with the required~ number of certified signatures within the sixty (60) days allowed shall be declared null and void ab initio in its entirety. (Ord. 233 § 5, 1988) 1.20.060 Verification on sheets for signatures. Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof: State of Idaho ) ) County of Latah ) I, ________ swear, under penalty of perjury, that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition. Signature _____________________ Post Office Address _____________ Subscribed and sworn to before me this ____ day of ________, 19 ___ . (Notary Seal) Notary Public ___________ Residing at _____________ (Ord. 233 § 6, 1988) 1.20.070 Examination and certification of signatures. A. All petitions with attached signature sheets shall be presented on the same day to the city clerk, who shall make a cursory examination of them to determine whether the petitions apparently contain the necessary number of signatures. 1. If the total number of signatures on the petitions is not sufficient to satisfy the number required by Section 1.20.020, all petitions with attached signature sheets shall be retained by the city clerk who shall notify in writing the person filing the petition of the number of signatures needed and further signatures may be gathered, if within the time limit set by Section 1.20.050. 2. If the cursory examination of the signature sheets reveals: a. Erasures on any signature; b. Illegible or undecipherable signatures; c. Signatures not properly identified by all of the information required on the sheet; d. Duplicate signatures; e. Signatures of persons who have requested in writing to have their names removed from the petition. The city clerk shall summarily reject such signatures and they shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the clerk. If the total number of signatures not rejected is not sufficient to satisfy the number required by Section 1.20.020, all petitions with attached signature sheets shall be retained by the clerk who shall notify in writing the person filling the petition of the number of signatures needed, and further signatures may be gathered, if within the time limit of Section 1.20.050. B. All petitions presented to the city clerk found to apparently contain the necessary number of signatures, after the cursory examination provided for above, shall be filed with the city clerk and become public records of the city not to be returned. The city clerk shall examine each such signature purported to be that of a registered elector of the city, and compare each such signature with the registration documents available to the city clerk. The city clerk shall summarily reject all signatures which are not the signatures of a registered elector of the city; and such rejected signatures shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the city clerk. The city clerk within ten (10) days after the filing of the petition shall complete his or her examination. The city clerk shall certify each signature found to comply with all of the requirements of this chapter by an appropriate mark following each signature. The city clerk shall total the number of certified signatures, and if found to total the number of signatures required by Section 1.20.020, shall proceed as provided in Section 1.20.080. (Ord. 233 § 7, 1988) 1.20.080 Sufficiency of petition, notification, effect of council action, election. A. In the event that a petition filed with a city clerk does not contain the required number of certified signatures, the city clerk shall inform the person or organization under whose authority the petition was circulated that the petition is defective for lack of certified signatures, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within thirty (30) days of the date that the city clerk finds the petition defective for lack of certified signatures. If the petition is not perfected within the thirty (30) day period, the clerk shall declare the petition null and void ab initio in its entirety. B. In the event that a petition filed with a city clerk is found by the city clerk to contain the required number of certified signatures, the city clerk shall promptly, by certified mail, inform the petitioners, and shall also notify the city council at its next meeting, that the initiative or referendum petition is in proper form. C. If the petition is for a referendum, the city council shall have thirty (30) days from the date of certification of the petition to repeal the ordinance being referred to the voters. In the event the council repeals the ordinance, the referendum petition shall be declared null and void. D. If the petition is an initiative petition, the city council shall have thirty (30) days to pass an ordinance substantially as proposed by the petition. In the event the council passes such an ordinance, the initiative petition shall be null and void. E. In the event the city council neither repeals the ordinance which is the subject of referendum petition, nor enacts an ordinance which is the subject of initiative petition, an election shall be ordered by the city clerk to be conducted city-wide. Initiative, referendum and elections shall be held on the nearest date authorized by Idaho Code Section 34-106 (1), and its successors, which falls more than forty-five (45) days after the city clerk orders that such initiative or referendum election shall be held. (Ord. 2002-14 § 1 (part); Ord. 233 § 8, 1988) 1.20.090 Form of ballot. The city council shall prepare a ballot for an initiative or referendum election in one of the following ways: A. If the full text of the ordinance or proposed ordinance to be voted upon does not exceed one hundred (100) words in length, it may be set out in full on the election ballot; or B. If the full text of the ordinance or proposed ordinance to be voted upon exceeds one hundred (100) words in length, and the council votes not to have it printed at length on the election ballot, it shall, with the assistance of the city attorney, prepare a short title and description of the ordinance or proposed ordinance which shall clearly and impartially state its purpose and effect, which short title and description shall be printed on the election ballot. (Ord. 233 § 9, 1988) 1.20.100 Conduct of election. Initiative or referendum elections, whether special or general, shall be conducted and the results thereof canvassed and certified in all respects as near as practicable, in like manner as general elections, except as otherwise provided. (Ord. 233 § 10, 1988) 1.20.110 Costs of elections. Upon the filing of any initiative or referendum petition with the city clerk, petitioners shall post bond with the clerk in an amount sufficient to offset the estimated expense of conducting the election, unless such election is to be held at the time of a regular general municipal election. As near as practicable after the election the total actual expenses of the election shall be tabulated by the city clerk. The petitioners shall be jointly and severally liable for payment into the city treasury of the whole amount of the expenses of such election. (Ord. 233 § 11, 1988) 1.20.120 Canvass of returns. The mayor and council shall meet within five days after said election to canvass the votes cast at such election, and the city clerk shall immediately announce the results. Any initiative measure approved by a majority of the votes cast shall be in full force and effect from the date of such announcement. Any ordinance which is the subject of a referendum receiving less than a majority of the votes cast shall be repealed, effective on the date of such announcement. (Ord. 233 § 12, 1988) 1.20.130 Prohibited acts, penalties. A person is guilty of a misdemeanor who: A. Signs any name other than his own to any initiative or referendum petition; B. Knowingly signs his or her name more than once on the same initiative or referendum petition; C. Signs his or her name to any initiative or referendum petition knowing that he or she is not a registered city elector; D. Witnesses the signing of a petition by a person the witness knows is not a qualified city elector; E. Willfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the content, purport or effect of any initiative or referendum petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such petition; F. Presents to any officer for filing any initiative or referendum petition to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto; G. Circulates or causes to circulate any initiative or referendum petition, knowing the same to contain false, forged or fictitious names; H. Makes any false affidavit concerning any initiative or referendum petition or the signatures appended thereto; or I. Offers, proposes or threatens for any pecuniary reward or consideration: 1. To offer, propose, threaten or attempt to sell, hinder or delay any initiative or referendum petition or any part thereof or any signatures thereon, 2. To offer, propose or threaten to desist from beginning, promoting or circulating any initiative or referendum petition, 3. To offer, propose, attempt or threaten in any manner or form to use any recall petition or any power or promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest. (Ord. 233 § 13, 1988) 1.20.140 Penalty. Any person found in violation of this chapter shall be punished by a fine not to exceed three hundred dollars ($300.00) or by incarceration in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment. Each fraudulent signature or wrongfully filed petition shall constitute a separate violation. (Ord. 233 § 14, 1988)
Chapter 1.24 GENERAL PENALTY Sections: 1.24.010 General penalty for ordinance violations. 1.24.020 Legal actions and remedies for violations. 1.24.010 General penalty for ordinance violations. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city of Juliaetta shall be guilty of a misdemeanor. B. Any person convicted of a misdemeanor for a violation of an ordinance of the city is punishable by a fine not to exceed three hundred dollars ($300.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he or she shall be punishable accordingly. D. Any provision of any ordinance which conflicts with the penalty provisions set forth above is hereby repealed. (Ord. 2002-05 § 1) 1.24.020 Legal actions and remedies for violations. A. The city may proceed against a violator of the city code of the city of Juliaetta or a violator of any ordinance of the city of Juliaetta in civil court for both prohibitive and mandatory injunctions requiring the violator to conform to the code or ordinance, and/or for any other available civil remedy. In the event the city prevails, the violator shall be responsible for reasonable attorney fees. B. Nothing contained in this chapter shall prevent the city council or any other public official or private citizen from taking such legal action as may be necessary to restrain or prevent any violation of the city code or any city ordinance. C. The city may pursue civil remedies as well as criminal penalties for a violation of city code or city ordinance or both. (Ord. 2002-12 §§ 1--3) Title 2 ADMINISTRATION AND PERSONNEL
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Title 2 ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council
2.08 Mayor
2.12 Officers Generally
2.16 Planning and Zoning Commission
2.20 Peace Officer Standards and Training
Chapters:
2.04.010 Membership.
The legislative authority of the city of Juliaetta shall be vested in a council consisting of four members, qualified as provided by law. (Ord. 138 § 1, 1967)
2.04.020 President--Election--Powers.
A. At the first meeting of the council in January, following a general city election, the council shall, from its members, elect one councilmember to be styled president of the council.
B. The president of the council shall have all powers of the mayor when serving in that office due to absence of the mayor or vacancy in the office of mayor. (Ord. 138 § 2, 1967)
2.04.030 Members--Duties and responsibilities.
The members of the city council, the legislative and policy making branch of the government of the city of Juliaetta, shall devote so much of their time to the duties of their office as an efficient and faithful discharge thereof may require. They shall attend all meetings of the council unless lawfully excused therefrom by the mayor or by a majority of the remaining members, perform all duties required of them by law and as may be assigned committees to which they may severally be appointed by the mayor. (Ord. 138 § 3, 1967)
2.04.040 Regular meetings.
Regular meetings of the council shall be held in the council chambers on the second and fourth Tuesday of each month at the hour of seven p.m. Regular or special meetings of the council may be recessed until further notice or until a call by the mayor. At all meetings of the council, a majority of the council shall constitute a quorum for the transaction of business unless otherwise provided by law. A question before the council shall be decided by a majority of the members present unless otherwise provided by law. (Ord. 94-6 § 1)
2.04.050 Public funds.
The city council shall make provision for the care and safekeeping of all public funds of the city and for the deposit of the same. (Ord. 138 § 5, 1967)
2.04.060 Records.
The city council shall make provisions for an adequate record system and, by ordinance, establish a classification for retention of records in accordance with the provisions of Title 50, Idaho Code. (Ord. 138 § 6, 1967)
2.04.070 Examination of accounts.
At least once in each quarter of each year, the council shall examine, either in open session or by committee, the accounts and doings of all officers or other persons having the care, management or disposition of moneys, property or business of the city. (Ord. 138 § 7, 1967)
2.04.080 Ordinances.
A. All ordinances of the city shall be type written or printed and presented to the council by a member at any regular or special meeting. Every such ordinance shall be read at the meetings of the council on three different days. At each reading it shall be open to discussion and amendment or may be referred to a committee unless by majority vote other disposition is made. All ordinances which have been amended shall, after the second reading, be engrossed by the clerk as amended. On final passage the yeas and nays shall be called and recorded and a concurrence of a majority of the full council shall be required for passage; provided, however, that on the vote of one-half plus one member of the council may dispense with the portion of this section requiring all ordinances to be read on three different days, and on the vote upon the motion to dispense with this rule the yeas and nays shall be called and recorded.
B. When any such ordinance is passed, it shall be signed by the clerk, and the date of its passage by the council shall be added thereto, and it shall within three days thereafter be presented to the mayor, or, in case of his or her absence from the city, to the president of the council for his or her approval. If the president approves the same, he or she shall attach his or her signature thereto.
C. Should the mayor not approve the ordinance he or she shall, before the next regular meeting after such ordinance is presented to him or her for his or her approval, return the ordinance to the council with his or her objections in writing. When any ordinance is so returned by the mayor, it shall be reconsidered by the council at the first regular meeting thereafter. If, on such reconsideration, one-half plus one of the members of the full council shall vote in the affirmative, the ordinance shall become a law not withstanding the mayor’s veto. The clerk, in such cases, shall annex a certificate to the ordinance stating the same was vetoed by the mayor and that, on its reconsideration, it received the required majority of votes.
D. Should the mayor refuse or neglect to sign such ordinance and return the same with his or her objections in writing at the next regular meeting after the same has been presented to him or her, it shall become law without his or her signature. The clerk shall annex to such ordinance a certificate to the effect that the mayor has failed to sign or veto the same, and it has therefore become a law without his or her signature. (Ord. 138 § 8, 1967)
2.04.090 City clerk--Ordinance book.
It shall be the duty of the city clerk to safely keep the original ordinances as engrossed, and after final passage he or she shall copy the same at length in a book to be known as Ordinance Book No. One, which book is to be provided by the council for that purpose and shall be kept as a permanent record of the city. (Ord. 138 § 9, 1967)
2.04.100 Vacancy--Appointment.
In the event an office of the council shall become vacant, through death, removal of residence or for any other cause, the mayor shall appoint, with the approval of the council, a resident of the city to fill the unexpired portion of the term until the next general election, at which time the unexpired term shall be filled by regular election. (Ord. 138 § 10, 1967)
Chapter 2.08 MAYOR
Sections:
2.08.010 General duties and responsibilities.
2.08.020 Authority on behalf of city.
2.08.030 Authority to borrow money.
2.08.040 Ordinance--Power to veto or sign.
2.08.050 Power over officers.
2.08.060 Power to call aid in law enforcement.
2.08.010 General duties and responsibilities.
The mayor of the city of Juliaetta, shall devote so much of his or her time to the duties of the office of mayor as an efficient and faithful discharge thereof may require. He or she shall preside at all meetings of the council and shall have a vote when the council is equally divided, and may call special meetings of the council when necessary and according to Idaho law. He or she shall appoint all officers and employees of the city, subject to the approval of the council, and have such other powers as provided by law. He or she shall, from time to time, provide for the council such information and recommend such measures as he or she may deem beneficial to the city. He or she shall examine the grounds of all complaints against any officer or employee of the city to determine existence of a violation or neglect of duty and report to the council the evidence thereof, if deemed sufficient for the removal of said officer or employee. He or she shall require that every officer and employee, on the expiration of his or her term of office or resignation or removal, deliver to his or her successor or the city clerk all assets belonging to such office. He or she shall perform all other duties required and necessary for the efficient operation of the business of the city, and all other duties imposed by laws of the state of Idaho. (Ord. 2003-4 § 1 (part): Ord. 137 § 1, 1967)
2.08.020 Authority on behalf of city.
The mayor is authorized and empowered to sign, for and on behalf of the city, all contracts, documents and papers to which the city is a party, and to require that the conditions in any instrument are faithfully performed. (Ord. 2003-4 § 1 (part): Ord. 137 § 2, 1967)
2.08.030 Authority to borrow money.
The mayor may borrow money on the credit of the city when so authorized by the council. (Ord. 2003-4 § 1 (part): Ord. 137 § 3, 1967)
2.08.040 Ordinance--Power to veto or sign.
The mayor shall have the power to veto or sign any ordinance passed by the city council, provided, that any ordinance vetoed by the mayor may be passed over his or her veto by a vote of one-half plus one of the members of the full council, notwithstanding the veto, and should the mayor neglect or refuse to sign any ordinance and return the same with his or her objections, in writing, at the next regular meeting of the council, the same shall become a law without his or her signature. (Ord. 2003-4 § 1 (part): Ord. 137 § 7, 1967)
2.08.050 Power over officers.
The mayor shall have the power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, or to make reports to the council in writing, touching any subject or matter pertaining to his or her office. (Ord. 2003-4 § 1 (part): Ord. 137 § 8, 1967)
2.08.060 Power to call aid in law enforcement.
The mayor is authorized to call every inhabitant in the city over twenty-one (21) years of age to aid in enforcing the laws. (Ord. 2003-4 § 1 (part): Ord. 137 § 9, 1967)
Chapter 2.12 OFFICERS GENERALLY
Sections:
2.12.010 Officer salaries.
2.12.010 Officer salaries.
A. The mayor of Juliaetta shall receive a monthly salary in the sum of one hundred dollars ($100.00).
B. Each member of the council shall receive a monthly salary in the sum of fifty dollars ($50.00). (Ord. 97-3 § 1)
Chapter 2.16 PLANNING AND ZONING COMMISSION
Sections:
2.16.010 Purposes and duties of commission.
2.16.020 Membership.
2.16.030 Funding and support of commission.
2.16.040 Meetings.
2.16.010 Purposes and duties of commission.
The purposes of the Kendrick-Juliaetta planning and zoning commission shall be:
A. To assist in drafting and revision of land use ordinance, maps and the comprehensive plan.
B. To conduct public hearings on and make recommendations regarding zoning, subdivisions, special use permits and variances.
C. To advise the city council on land use issues.
D. To perform other duties as required by law. (Ord. 97-2 § 1)
2.16.020 Membership.
The membership of the commission shall consist of eight members, three from the city of Kendrick and one from Kendrick’s impact area, of whom shall be appointed by the mayor of Kendrick, with the consent of the city council of Kendrick, and three from the city of Juliaetta and one from Juliaetta’s impact area, of whom shall be appointed by the mayor of Juliaetta, with the consent of the city council of Juliaetta.
Odd years Term of one from each city expires
Even years divisible by 4 Term of one from each city expires
Even years not divisible by 4 Term of one from each city expires
Terms shall expire upon the anniversary of the effective date of the ordinance codified in this chapter. Members shall have been Latah county residents for at least two years prior to appointment. Members may be removed by the mayor, with the consent of the council, of the city who appointed them with or without cause. (Ord. 97-2 § 2)
2.16.030 Funding and support of commission.
A. The expense of the Kendrick-Juliaetta planning and zoning commission shall be funded by the cities of Kendrick and Juliaetta.
B. The cities of Kendrick and Juliaetta shall support the activities of the commission by providing support and assistance from staff and outside professional assistance as required. (Ord. 97-2 § 3)
2.16.040 Meetings.
The Kendrick-Juliaetta planning and zoning commission shall meet on the third Wednesday of each month. (Ord. 97-2 § 4)
Chapter 2.20 PEACE OFFICER STANDARDS AND TRAINING
Sections:
2.20.010 Qualification to receive aid.
2.20.020 Adherence to standards.
2.20.010 Qualification to receive aid.
The city of Juliaetta declares that it desires to qualify to receive aid for police training from the peace officers standards and training council under the provisions of Chapter 51, Section 19-5109, of the Idaho Code. (Ord. 2002-17 § 1 (part): Ord. 208 § 1, 1979)
2.20.020 Adherence to standards.
Pursuant to Section l9-5110, of said Chapter 51, the city of Juliaetta, while receiving aid from the peace officers standards and training council pursuant to said Chapter 51, will adhere to the standards for employment and training established by the Idaho peace officers standards and training council. (Ord. 2002-17 § 1 (part): Ord. 208 § 2, 1979)
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Title 3 REVENUE AND FINANCE
Chapters:
3.04 Fiscal Provisions Generally
3.08 Claims Against the City
Chapter 3.04 FISCAL PROVISIONS GENERALLY
Sections:
3.04.010 Bond posting.
3.04.020 State provisions adopted.
3.04.010 Bond posting.
The city of Juliaetta desires to provide a system for the posting of bonds for public works construction within the city limits of the city of Juliaetta that conforms to Idaho Code Section 54-1926. (Ord. 2002-16 § 1)
3.04.020 State provisions adopted.
The city of Juliaetta adopts the provisions of Idaho Code Section 54-1926 and its successors as the bonding requirements for conducting public works construction within the city of Juliaetta. (Ord. 2002-16 § 2)
Chapter 3.08 CLAIMS AGAINST THE CITY
Sections:
3.08.010 City treasurer--Compilation of bills and obligations.
3.08.020 Council review of bills and obligations.
3.08.030 Bills and obligations--Approval and payment.
3.08.040 Check signing authority.
3.08.050 Bills and obligations denied--Presentation to council.
3.08.060 Bills and obligations denied--Notification.
3.08.070 Denial after appeal--Notification of city attorney.
3.08.010 City treasurer--Compilation of bills and obligations.
The city treasurer shall compile all bills and obligations presented to the city of Juliaetta on a weekly basis and present those bills and obligations to the city council at the next regular city council meeting. (Ord. 2002-19 § 1)
3.08.020 Council review of bills and obligations.
The city council shall review all bills and obligations presented to them and approve those bills and obligations that the council determines to be due and owing. (Ord. 2002-19 § 2)
3.08.030 Bills and obligations--Approval and payment.
The city treasurer shall enter all bills and obligations approved by the city council into the city of Juliaetta accounting system and prepare checks for the payment of the approved bills and obligations. (Ord. 2002-19 § 3)
3.08.040 Check signing authority.
The checks for all approved bills and obligations shall be signed by either the city treasurer or the city clerk and one member of the city council who has been designated to sign checks. (Ord. 2002-19 § 4)
3.08.050 Bills and obligations denied--Presentation to council.
If there are any questions regarding any bills or obligations which are not approved by the city council, the city staff shall present information regarding those bills or obligations to the city council at the next regular meeting following the meeting where the bill or obligation was denied. (Ord. 2002-19 § 5)
3.08.060 Bills and obligations denied--Notification.
In the event that the city council determines that the city is not obligated to pay the bill or obligation presented, the city treasurer shall notify the person or entity presenting the bill or obligation and inform that person or entity that they may appeal that denial to the city council at the next regular council meeting. (Ord. 2002-19 § 6)
3.08.070 Denial after appeal--Notification of city attorney.
In the event that a bill or obligation is denied after the appeal, the city treasurer shall notify the city attorney and forward a copy of the bill or obligation to the city attorney. (Ord. 2002-19 § 7)
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Title 5 BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Alcoholic Beverages
Chapter 5.04
ALCOHOLIC BEVERAGES
Sections:
5.04.010 Definitions.
5.04.020 License required.
5.04.030 Issuance and revocation.
5.04.040 License fees.
5.04.050 Expiration of license.
5.04.060 Issuance and renewal.
5.04.070 Issuance by clerk.
5.04.080 Eligibility.
5.04.090 Violation by employee.
5.04.100 Inspection.
5.04.110 Under age persons.
5.04.120 Hours of operation.
5.04.130 Revocation or suspension of license.
5.04.140 Penalties.
5.04.010 Definitions.
The following words and phrases, when used in this chapter, shall for the purposes of this chapter, have the meanings ascribed to them below:
“Alcoholic liquors” shall be defined as set forth in Idaho Code.
“Beer” shall be defined as set forth in Idaho Code.
“Clerk” means the city clerk of the city of Juliaetta.
“License” means a license to sell beer, wine or alcoholic liquors within the corporate limits of the city of Juliaetta, whether that license be for on premises or off premises consumption.
“Licensee” means a person having or seeking license required by this chapter.
“Minor” means any person under twenty-one (21) years of age.
“Person” includes partnerships, corporations and associations seeking licenses.
“Wine” shall be defined as set forth in Idaho Code. (Ord. 2003-1 § 1 (part): Ord. 236 § 1, 1989)
5.04.020 License required.
No person or business shall serve or sell beer, wine or alcoholic liquors at any location within the corporate limits of the city without having first obtained a license therefore for each location in accordance with the terms of this chapter. The license(s) shall be displayed in a conspicuous place on the premises at all times. (Ord. 2003-1 § 1 (part): Ord. 236 § 2, 1989)
5.04.030 Issuance and revocation.
There shall be no vested right to a license or the transfer or renewal thereof. It is declared to be the public policy of the city to make the possession of a license a personal privilege, revocable or non-renewable or suspendable upon any violation or conviction of any law set forth in this chapter or for violation of any federal, state or city ordinance pertaining, regulating, governing or prohibiting the sale, manufacturing, transportation or possession of any alcoholic beverage or intoxicating liquor. (Ord. 2003-1 § 1 (part): Ord. 236 § 3, 1989)
5.04.040 License fees.
Every person licensed under the provisions of this chapter shall pay the city an annual license fee for each location, as established or amended by ordinance or resolution of the council. Categories of licenses shall include:
(1) for consumption of beer on premises; (2) for sale of beer to be consumed off premises; (3) for consumption of wine on premises; (4) for sale of wine to be consumed off premises; or (5) for consumption of alcoholic liquors on premises. Fees for licenses, effective from the date of the ordinance codified in this chapter, shall be twenty-five dollars ($25.00) per year for license categories 1 through 4 and two hundred twenty-five dollars ($225.00) per year or license category 5. (Ord. 2003-1 § 1 (part): Ord. 236 § 4, 1989)
5.04.050 Expiration of license.
Each license issued under the provisions of this chapter shall be granted for a period of one year, beginning January 1st and expiring at twelve midnight on December 31st of the year issued. (Ord. 2003-1 § 1 (part): Ord. 236 § 5, 1989)
5.04.060 Issuance and renewal.
A. All licenses must be requested through written application for renewal submitted to the clerk, which must be accompanied by an affidavit of the applicant showing such applicant to be qualified by the provisions of this chapter and the laws of the state. The application must state the place of business with respect to which the license is to be renewed and must contain a simple floor plan for the building for which the permit or license is requested. In the event no changes in said matters have taken place since certification of the previous application, then the licensee may so state and need not attach said documents.
B. The application must be accompanied by a receipt from the clerk for the amount of the license fee. The application shall be submitted to the city council for approval within thirty (30) days of receipt of the application and fee.
C. No license shall be issued until the applicant has first obtained the appropriate county and state license(s).
D. Whenever the council denies an application, they shall specify in writing:
1. The laws, ordinance and standards used in evaluating the applications;
2. The reasons for the denial; and
3. The actions, if any, that the applicant could take to obtain the license, transfer of renewal thereof. (Ord. 2003-1 § 1 (part): Ord. 236 § 6, 1989)
Licenses shall be issued to qualified applicants by the clerk, but only with the approval of and at the direction of the city council. (Ord. 2003-1 § 1 (part): Ord. 236 § 7, 1989)
5.04.080 Eligibility.
Every application shall contain the following information:
A. The name and place of residence of the applicant and length of his residence within the state, and if the applicant is a partnership, the names, places of residence and lengths of residence within this state of each partner, and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places or residence of its officers and directors or members of its governing board, and the person who manages or will manage the business of selling beer and/or wine at retail.
B. The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other description as definitely locates such place, and the name of the owner of the premises.
C. The application shall affirmatively show:
1. That the applicant is the bona fide owner of the business which will be engaged in the sale of beer or wine at retail and with respect to which license is sought;
2. That the condition and location of the place or building where it is proposed to sell beer or wine at retail conforms to all laws and regulations of the state and to the ordinances of the county of Latah, Idaho and the city applicable thereto relating to public health and safety and to the zoning ordinances of the city;
3. That the applicant or the person who is to be manager shall have been a bona fide resident of the state for at least thirty (30) days prior to the date of application;
4. That neither the applicant nor his or her manager has been convicted of any violation of any law of the state, or any other state, or of the United States, or of any ordinance of the county or city regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages, intoxicating liquors, narcotic drugs or controlled substances, or within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation;
5. That the applicant has not, within five years immediately preceding the date of filing the application, been convicted of any felony or paid any fine or completed any sentence of confinement therefore within said time;
6. Such affirmative showing shall be required with respect to each partner, officer, director and member of the governing board of a corporation or association applicant, each manager and every person employed whose duties include the serving or dispensing of beer, wine or alcoholic liquors; and
7. That the zoning for the location of the premises is appropriate for said use.
D. If an applicant shall be unable to make any affirmative showing required in this chapter, or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license, and license shall be refused. If a license is issued to any applicant on any application containing a false material statement, knowingly made, such license shall be revoked. The licensee and licensed premises shall at all times during the period for which the license is issued continue to have all of the qualifications and none of the disqualifications set forth in this section. If at any time during the period for which license is issued, a licensee becomes unable to make the affirmative showings as required in this section, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of a license shall be in accordance with state law. (Ord. 2003-1 § 1 (part): Ord. 236 § 8, 1989)
5.04.090 Violation by employee.
A violation of any of the provisions of this chapter by an employee, agent, servant or other person in any way acting on behalf of the licensee shall be deemed to be a violation by the licensee. (Ord. 2003-1 § 1 (part): Ord. 236 § 9, 1989)
5.04.100 Inspection.
Any police officer or city inspector shall have the right to inspect the premises during any hour the premises are open for business; refusal to permit inspection shall constitute a violation of this chapter. (Ord. 2003-1 § 1 (part): Ord. 236 § 10, 1989)
5.04.110 Under age persons.
It is unlawful to sell (beer or wine) to, serve to, procure for, or give to any minor. It is unlawful for any person under twenty-one (21) years of age to purchase, attempt to purchase or otherwise procure, consume or possess beer, wine or alcoholic liquors. A valid driver’s license shall be acceptable as proof of age and the licensee shall require proof of age from any customer whose age may be less than twenty-one (21). It is unlawful for any under age person to represent that he or she is twenty-one (21) years of age or older. (Ord. 2003-1 § 1 (part): Ord. 236 § 11, 1989)
5.04.120 Hours of operation.
A. No beer or wine shall be sold, offered for sale, given away or dispensed by any licensee during the following hours:
1. Between the hours of two a.m. and six a.m.
2. On the day of a general or primary election until after the time for closing the polls.
B. No alcoholic liquors may be sold or dispensed by any licensee during the following hours:
1. Sunday, Memorial Day, Thanksgiving and Christmas from one a.m., to ten a.m. the following day; provided; however, that on any Sunday not otherwise being a prescribed holiday, it is lawful for a licensee having banquet area or meeting room facilities, separate and apart from the usual dispensing area (bar room) and separate and apart from a normal public dining room unless such dining room is closed to the public, to therein dispense liquor between the hours two p.m. and eleven p.m. to bona fide participants of banquets, receptions or conventions for consumption only within the confines of such banquet area or meeting room facility.
2. On any other day between one a.m. and ten a.m.
3. On any day of general or primary election until after the time when the polls are closed. (Ord. 2003-1 § 1 (part): Ord. 236 § 12, 1989)
5.04.130 Revocation or suspension of license.
The city council may revoke or suspend any license upon a showing that the licensee has ceased to be qualified under any provision. The licensee shall have a right to a hearing before the council regarding such revocation or suspension by filing a written request for hearing with the clerk. The council shall hold such hearing within thirty (30) days of receipt of a request for hearing. The licensee shall be afforded the following due process rights at such hearing: five (working) days written notice of hearing; the reasons for revocation or suspension shall be set forth by the clerk; the right to be represented by counsel; and the right to rebut any evidence presented against him. A recording shall be made of the hearing, but the licensee shall have the right to record or have the hearing transcribed. (Ord. 2003-1 § 1 (part): Ord. 236 § 13, 1989)
5.04.140 Penalties.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, shall be punished by a fine of up to three hundred dollars ($300.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Violation shall also be grounds for suspension and/or non-renewal of license. (Ord. 2003-1 § 1 (part): Ord. 236 § 14, 1989)
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Title 6 ANIMALS
Chapters:6.04 Dogs
DOGS
Sections:
6.04.010 Barking dogs.
6.04.020 Violation--Penalty.
6.04.010 Barking dogs.
It is unlawful for any person to keep, harbor or maintain a dog which barks in such manner as to disturb the peace, quiet or slumber of any other person or neighborhood in the city. (Ord. 237 § 1, 1989)
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Title 8 HEALTH AND SAFETY
Chapters:
8.04 Nuisances
8.08 Wrecked or Dismantled Vehicles
Chapter 8.04
NUISANCES
Sections:
8.04.010 Public nuisances.
8.04.020 Trash defined.
8.04.030 Violation--Penalty.
8.04.040 Separate offense.
8.04.050 Civil penalties.
8.04.010 Public nuisances.
The Juliaetta city council finds and declares the following specific acts, omissions, places, conditions and things to be public nuisances:
B. Any loud or unusual noises and annoying vibrations which offend the peace and quiet of two or more persons having ordinary sensibilities;
C. All hanging signs, awnings and other similar structures located over the streets or sidewalks so situated or constructed as to endanger any person;
D. Any thing or place whatsoever in which flies, other insects, rats or rodents are likely to breed or multiply;
E. Any accumulation of material or circumstance which may be a fire danger;
F. Any unsightly building, billboard or other structure which is dangerous, abandoned, partially destroyed or any building or structure commenced and left unfinished (for more than four months) or any abandoned well or excavation not properly protected;
G. All places used or maintained as junk yards or dumping grounds or for the wrecking or disassembling of automobiles, trucks, or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, or machinery of any kind, or of any parts thereof, or the storing or leaving of any machinery or equipment used by contractors, builders or by other persons which are not properly zoned or fenced or screened for such use. Storage of non-operable vehicles, boats, campers and trailers, equipment and parts is unlawful unless enclosed in a building or within sight-obscuring fence (fence must be kept in good condition); H. Abandoned, discarded or unused objects or equipment including, but not limited to, refrigerators, freezers, furniture, stoves, cans, automobile parts and containers;
I. All noxious weeds and unmaintained grass (grass must be kept at six inches or less in height);
J. Any substance emitting an odor, which annoys any person of ordinary sensibilities. (Ord. 2000-1 § 1)
8.04.020 Trash defined.
Trash is defined to include litter, rags, empty barrels, boxes, crates, packing cases, used tires, used building materials or lumber (not neatly stacked), used cabinets, used pipe or plumbing fixtures, firewood (not neatly piled), scrap iron, tin and other metal (not neatly piled). (Ord. 2000-1 § 2)
8.04.030 Violation--Penalty.
Any person who shall knowingly cause or create any public nuisance, or permit any public nuisance to be created, or to be placed upon, or to remain upon any premises owned, used or occupied by him, her or them, shall be guilty of a misdemeanor and upon conviction thereof, shall be penalized by a fine not to exceed three hundred dollars ($300.00), together with costs of such action, or by confinement in the county jail for not more than six months, or by both such fine or imprisonment. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations, conditions or defects immediately. The storage of materials defined as trash shall not constitute a nuisance if owner maintains a fence which screens the view of such materials and can demonstrate a reasonable use for said materials. (Ord. 2000-1 § 3)
8.04.040 Separate offense.
Each day’s, or part of day’s, continuance of any nuisance set forth in this chapter shall be a separate offense. (Ord. 2000-1 § 4)
8.04.050 Civil penalties.
A. The city may go onto public or private property to abate any public nuisance and may bill the property owner for abatement in accordance with law and have such cost assessed against the property by the county assessor as a special assessment.
B. The city or any citizen may utilize any civil remedy available by law to abate said nuisance or obtain a judgement for damages resulting from any of the nuisances described in this chapter. (Ord. 2000-1 § 5)
Chapter 8.08
WRECKED OR DISMANLTED VEHICLES
Sections:
8.08.010 Vehicles on streets.
8.08.020 Vehicles on private property.
8.08.030 Vehicles or equipment causing environmental problems.
8.08.040 Removal of vehicles.
8.08.050 Violation--Penalty.
8.08.010 Vehicles on streets.
It is unlawful for any person to place, keep or leave any motor vehicle, piece of machinery, trailer or equipment in a wrecked or partially dismantled condition or in a state of repair, for a period of forty-eight (48) hours or more on a public street, alley or other public property. Such vehicle, machinery, trailer or equipment is hereby declared to be a public nuisance. (Ord. 238A § 1, 1991)
8.08.020 Vehicles on private property.
It is unlawful for any person to place, keep or leave any motor vehicle, piece of machinery, trailer or equipment in a wrecked or partially dismantled condition or in a state of repair, for a period of more than ten (10) days on private property unless enclosed in a building or other area screened from public view and fenced in a manner to prevent children from entering the property. Any such fence and screening shall be constructed in compliance with the current provisions of the Uniform Building Code. Such vehicle, machinery, trailer, or equipment is hereby declared to be a public nuisance unless properly fenced or enclosed. (Ord. 238A § 2, 1991)
8.08.030 Vehicles or equipment causing environmental problems.
It is unlawful for any person to place, keep, leave or maintain any vehicle, piece of equipment or machinery in a fashion which permits same to leak or discharge oil or gasoline onto the ground or pavement or which discharges freon into the air. Such vehicle, equipment or machinery is declared to be a public nuisance. (Ord. 238A § 3, 1991)
8.08.040 Removal of vehicles.
The mayor or chief of police or their designee may cause any motor vehicle, piece of machinery, trailer or equipment which is in violation of this chapter to be removed at the expense of the owner of the personal or real property. If the owner fails to pay for such removal within thirty (30) days of billing, the amount owing shall be submitted to the appropriate county official for collection with property taxes in accordance with Idaho Code. (Ord. 238A § 4, 1991)
8.08.050 Violation--Penalty.
A violation of this chapter is a misdemeanor. Any person convicted of a violation of any section of this chapter shall be fined in the sum not to exceed three hundred dollars ($300.00) and such person may be confined in county jail for a period of not more than thirty (30) days, or both such fine and imprisonment may be imposed. Each day, after notice, that the property remains in violation shall constitute a separate violation. Both the person placing the nuisance on the premises and the owner of real property permitting such nuisance to exist on his or her property shall be deemed in violation of this chapter. (Ord. 238A § 5, 1991)
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Title 9 PUBLIC PEACE AND WELFARE
Chapters: 9.04 Offenses Against Public Peace and Decency
Chapter 9.04 OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
9.04.010 Firearm--Defined.
9.04.020 Discharge of firearm--Unlawful.
9.04.010 Firearm--Defined.
Firearm means any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. (Ord. 2002-20 § 2)
9.04.020 Discharge of firearm--Unlawful.
It is unlawful for any person to discharge a firearm within the city limits of the city of Juliaetta. (Ord. 2002-20 § 1)
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Title 10 VEHICLES AND TRAFFIC
Chapters:
10.04 Traffic Code
Chapter 10.04 TRAFFIC CODE
Sections:
10.04.010 Intent.
10.04.020 Adoption of state motor vehicle laws.
10.04.030 Copies on file.
10.04.040 Air compression brakes.
10.04.010 Intent.
It is declared to be the intent of the governing body of the city of Juliaetta, 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. 157 § 1, 1971)
10.04.020 Adoption of state motor vehicle laws.
There is adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city of Juliaetta 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 enforce-ment, and as the same may 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 herein. (Ord. 157 § 2, 1971)
10.04.030 Copies on file.
Three 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 or her office for use and examination of and by the public. (Ord. 157 § 3, 1971)
10.04.040 Air compression brakes.
The use of air compression brakes (also known as jake brakes) by trucks within the city of Juliaetta is prohibited and is unlawful, except under emergency circumstances where use of air compression brakes is necessary to prevent an accident or injury to persons or property. (Ord. 230 § 1, 1988)
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Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 Construction Standards for Streets, Sidewalks and Water and Sewer Lines
Chapter 12.04 CONSTRUCTION STANDARDS FOR STREETS, SIDEWALKS AND WATER AND SEWER LINES
Sections:
12.04.010 Public improvements.
12.04.020 Water facilities.
12.04.030 Sewer facilities.
12.04.040 Streets and sidewalks.
12.04.050 Stormwater facilities.
12.04.060 Inspection by city.
12.04.070 Off-street parking.
12.04.080 Plans must be approved.
12.04.090 Violation--Penalty.
12.04.010 Public improvements.
A. Street, Water And Sewer Extensions. Any owner seeking to develop property within the city or seeking connection to the city water or sewer system shall be responsible for paying for the extension of such facilities, including streets and stormwater facilities, to the property.
B. The city may require that water and sewer lines be sized to provide services beyond the needs of the property being developed. In such case, the city shall pay the incremental costs related to increasing the size of the line.
C. All utility and street extensions shall be designed by a licensed engineer. Plans must be approved by the city prior to construction and as built plans shall be provided to the city. The city may waive any of the foregoing requirements for small projects (four or fewer dwelling units).
D. Such extensions shall be made in accordance with all city and state standards including fire hydrants and manholes. (Ord. 95-7 § 1)
12.04.020 Water facilities.
Water lines within the city shall comply with the following standards:
A. The Idaho Standards For Public Works Construction, 1990, published by the Idaho Standards for Public Works Construction Committee are adopted. Three copies of these standards shall be on file with the city clerk for public use.
B. Fire hydrants shall be constructed every six hundred (600) feet, or less.
C. All plans shall be subject to approval by the city’s engineer. (Ord. 95-7 § 2)
12.04.030 Sewer facilities.
Sewer lines shall comply with the following standards:
A. The Idaho Standards for Public Works Construction, 1990, shall be utilized.
B. All plans shall be subject to approval by the city’s engineer. (Ord. 95-7 § 3)
12.04.040 Streets and sidewalks.
Rights-of-way and sidewalks shall be constructed to the requirements of this section. Dedication of streets to these standards shall be a condition of development unless waived by the city council.
A. Residential Streets.
1. Dedicated right-of-way shall be fifty (50) feet in width with a five foot utility easement on each side.
2. The street shall be constructed to at least twenty-four (24) feet in width according to one of the following standards:
a. Twelve (12) inches (minimum) of rock with a base of at least six inches (pit run) topped by at least four inches of crushed aggregate. After eight months if the road has deteriorated it shall be graded and be finished with an additional two inches of crushed aggregate;
b. Asphaltic concrete of at least two and one-half inches or such other surface as may be approved by the city council on the above-indicated base.
3. Curbs shall be constructed on both sides of the street unless waived by the city council.
4. A sidewalk shall be developed on one side of the street. Sidewalks shall be at least forty (40) inches in width and shall be constructed of concrete four inches in depth (six inches at curb cuts and driveways) with at least four inches of compacted gravel as a base. Sidewalks shall be set back at least four feet from curbs or pavement. The city council may permit alternate materials or, where it is in the public interest, permit installations to be delayed until adjacent properties develop.
B. Minor Arterial Streets.
1. Dedicated right-of-way shall be fifty (50) feet in width with a five foot utility easement on each side.
2. The street shall be constructed to at least forty-two (42) feet in width (twenty-six (26) foot travel width and eight foot wide parking lane on each side) according to the following standards:
a. Twelve (12) inches (minimum) of rock with a base (four inches minimum) of at least six inches topped by at least four inches of crushed aggregate, after eight months retop with two inches of crushed aggregate;
b. The travel way shall be finished with asphaltic concrete of at least four inches or such other surface as may be approved by the city council. This may be waived if adjacent right-of-way on both sides is not paved.
3. Curbs shall be constructed on both sides of the street unless waived by the city council.
4. Four-foot sidewalks shall be developed on both sides of the street, or a five-foot sidewalk on one side of the street. Sidewalks shall be at least forty (40) inches in width and shall be constructed of concrete four inches in depth (six inches at curb cuts and driveways) with at least four inches of compact gravel as a base. Sidewalks shall be set back at least four feet from curbs or pavement. The city council may permit alternate materials or, where it is in the public interest, permit installations to be delayed until adjacent properties develop.
5. The following streets are minor arterials:
2nd Street
4th Street
1 St Avenue between 4th Street and the Genesee-Juliaetta Highway
State Street
C. Major Arterials.
1. Dedicated right-of-way shall be eighty (80) feet in width with a five foot utility easement on each side.
2. The street shall be constructed to at least sixty (60) feet in width according to the following standards:
a. Twelve (12) inches (minimum) of rock with a base (four inches minimum) of at least six inches topped by at least four inches of crushed aggregate, after eight months finished with an additional two inches of crushed aggregate and leveled;
b. Asphaltic concrete of at least four inches or such other surface as may be approved by the city council.
3. Curbs shall be constructed on both sides of the street unless waived by the city council.
4. Sidewalks with a minimum width of five feet shall be developed on both sides of the street. Sidewalks shall be at least forty (40) inches in width and shall be constructed of concrete four inches in depth (six inches at curb cuts and driveways) with at least four inches of compact gravel as a base. Sidewalks shall be set back at least four feet from curbs or pavement. The city council may permit alternate materials or, where it is in the public interest, permit installations to be delayed until adjacent properties develop.
5. The following streets are designated as major arterials:
State Highway No. 3.
(Ord. 95-7 § 4)
12.04.050 Stormwater facilities.
Stormwater facilities shall be installed at the time of or prior to development of adjacent property. Stormwater facilities must be designed by an engineer for any subdivision or large project (over two acres in size or over five hundred thousand dollars ($500,000.00) in construction costs). If a project will place a burden on downstream facilities, the developer may be required to construct or improve such off-site facilities. (Ord. 95-7 § 5)
12.04.060 Inspection by city.
No water line, sewer line or stormwater pipe shall be covered until it has been inspected by the city. The developer or contractor shall provide at least twenty-four (24) hours notice to city of need for inspection (weekends and legal holidays excepted). (Ord. 95-7 § 6)
12.04.070 Off-street parking.
At least two off-street parking spaces shall be provided for every residential unit hereafter constructed or placed on a site within the city. Commercial and office facilities shall provide at least one parking space per employee and at least one customer parking space for every four hundred (400) square feet of building space. The city council may reduce this requirement upon a showing by the property owner that the requirement is excessive. (Ord. 95-7 § 7)
12.04.080 Plans must be approved.
Plans must meet all specifications of this chapter brought to and approved by the city council before any work is done. Within thirty (30) days of completion of construction, as built plans shall be provided to the city. Owner shall reimburse the city for all engineering costs incurred by the city. (Ord. 95-7 § 8)
12.04.090 Violation--Penalty.
The city may enforce these regulations through civil action and/or prosecution. Violations of any provisions of this chapter are misdemeanors punishable by a fine not to exceed three hundred dollars ($300.00), imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment. Each day of violation after notice shall constitute a separate violation. (Ord. 95-7 § 10)
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Title 13 PUBLIC SERVICES
Chapters:
13.04 Water Wells
13.08 Sewer Service System
Chapter 13.04 WATER WELLS
Sections:
13.04.010 Protection of water system.
13.04.020 Water connection.
13.04.030 Water well drilling requires approval.
13.04.040 Information to be provided.
13.04.050 Conditions for disapproval.
13.04.060 Violation--Penalty.
13.04.010 Protection of water system.
The mayor and city council specifically find that protection of the water supply of the city is important to the health, safety and welfare of the citizens and property owners within the city; and furthermore that regulation of well drilling activities is necessary to protect that water system. (Ord. 226 § 1, 1987)
13.04.020 Water connection.
It shall be the duty of every property owner in all cases where there is a public water line in any street, or easement in the city to compel every owner of land, buildings or premises used for human occupancy, employment, recreation or used for other purposes requiring potable water and abutting on such street or easement or within three hundred (300) feet of the same, to construct or cause to be constructed a sufficient water service line which shall connect said land, building or premises. to said water line within ninety (90) days after date of official notice, unless in the opinion of the administrative authority such connection is not desirable. Every owner of premises shall connect said land, building or premises to such nearest accessible water line within ninety (90) days after date of official notice. (Ord. 226 § 2, 1987)
13.04.030 Water well drilling requires approval.
Any person or property owner seeking to have a water well drilled at any location within the city must obtain the written approval of the city council prior to drilling. (Ord. 226 § 3, 1987)
13.04.040 Information to be provided.
Applicants seeking approval for the drilling of a well shall provide the following information to the city at least ten (10) days prior to evaluation of the request by the city council:
A. The location of the proposed well and distance of the proposed well from existing city wells and water lines.
B. The size and estimated depth of the proposed well.
C. The estimated amount of water to be drawn from the proposed well per month.
D. The use which the water will be put to.
E. An opinion from a hydrologist or an engineer having experience in hydrology as to the impact that the well will have on other wells or water resources within or proximate to the city. (Ord. 226 § 4, 1987)
13.04.050 Conditions for disapproval.
The city council may decline to permit the drilling of the proposed well under the following circumstances:
A. When the applicant fails to show that the proposed well will not be detrimental to the water supply of the city or of residents and property owners thereof.
B. Where adequate water is available to the applicant through the city water system.
C. Such other circumstances as would demonstrate that the proposed well would adversely affect the interest and welfare of the general public. (Ord. 226 § 5, 1987)
13.04.060 Violation--Penalty.
A. It is unlawful to drill a well within the city without compliance with this chapter.
B. Any person or corporation in violation of a provision of this chapter shall be punished by a fine of up to three hundred dollars ($300.00). Each separate incident and each continued day in violation shall constitute a separate offense. Furthermore, the use of any water well drilled in violation of this chapter shall be discontinued until such time as the required approvals are obtained. (Ord. 226 § 6, 7, 1987)
Chapter 13.08 SEWER SERVICE SYSTEM
Sections:
13.08.010 Sewer connections required.
13.08.020 Drains required.
13.08.030 Water commissioner to order.
13.08.040 Application for permit.
13.08.050 Revocation of permit.
13.08.060 Specifications for connections.
13.08.070 Drains--Material--Grade.
13.08.080 Written notice for connection required.
13.08.090 Specifications for drains.
13.08.100 Plans must be submitted with application.
13.08.110 Right of entry for inspection.
13.08.120 Injury to sewer prohibited.
13.08.130 Notice to lay drain required.
13.08.140 City employees to determine if work authorized.
13.08.150 Workmanship and materials.
13.08.160 Drains to sewers--Specifications.
13.08.170 Terra cotta sewers prohibited.
13.08.180 Specifications for connections and building sewer lines.
13.08.190 Excavations for building sewers.
13.08.200 Discharge of harmful wastes.
13.08.210 Action of water commissioner upon discharges having deleterious effect.
13.08.220 Sewer rates.
13.08.230 Charges--When due and payable.
13.08.240 Delinquency--Notice.
13.08.250 List--Discontinuance of water.
13.08.260 Application for sewer connections--Fees.
13.08.270 Sewers property of city--Filing of costs.
13.08.280 Permitting other connections--Costs to be paid.
13.08.290 Person first connecting may receive money from later connections.
13.08.300 Private sewer prohibited.
13.08.310 Private sewer abolished.
13.08.320 Contents of cost statements.
13.08.330 City not liable.
13.08.340 Illegal connections prohibited.
13.08.350 Connecting sewer--Connections defined.
13.08.360 Responsibility to maintain feeder sewer pipe and sewer lines.
13.08.370 Violation--Penalty.
13.08.010 Sewer connections required.
The water commissioner is empowered and it is made his or her duty in all cases where there is a public sewer in any street, highway or alley in the municipality to compel every owner or occupant of lands, buildings or premises, fronting or abutting on streets, highways or alleys or within three hundred (300) feet of the same in case of unplotted land, and every such owner or occupant is compelled to construct or cause to be constructed a sewer service connection in the manner hereinafter described, which shall connect such lands, buildings or premises with the nearest accessible public sewer, (unless such connections be impracticable by reason of the topography of the ground). The material used in the construction of such sewer service connection, shall be substantially like that used in the general public sewers with which the connection is to be made and the water commissioner shall have power and authority to examine all buildings, as to plumbing, drainage and ventilation thereof, and when in his or her judgment, the plumbing fixtures or the sewerage connection fixtures are found to be defective or unsanitary, he or she shall have the power to order the removal, repair or substitution of such plumbing or sewerage fixtures and require the ventilation and drainage of such building to be placed in a sanitary condition and he or she shall thereupon give the owner or any person occupying any building or premises notice in writing, specifying the time when any defective drainage sewerage connection or unsanitary fixtures must be completed or corrected. The water commissioner shall make a copy of such notice which shall be kept in the office of the clerk and open to the inspection of the public during the hours of the clerk’s office. After the time fixed by the water commissioner for the completion of the connection and repairs, the owner or occupant shall be held responsible for the refusal to comply with such notice. The term “private dwelling house” means and constitutes all houses occupied by persons or owners for the use of themselves and family, and this shall not be construed to mean the houses used or occupied as private or public boarding, lodging or rooming houses.
In the event the building sewer and connection required by this chapter are not made within thirty (30) days after notification to the property owner by the clerk, by registered mail, the superintendent shall cause the same to be made and file a statement of the cost thereof with the city clerk. Thereupon a warrant shall be issued under the direction of the city council against the water and sewer fund for the payment of such cost. The amount, together with a penalty of ten (10) percent thereof, plus interest at the rate of eight percent per annum upon the total amount of the cost and penalty, shall be assessed against the property upon which such building, sewer and connection has not been placed as required and shall become a lien thereon as provided by this chapter. The total amount, when collected, shall be paid into the water and sewer fund. (Ord. 196 § 1, 1975)
13.08.020 Drains required.
Every person owning any land or premises situated within the city limits, in all cases where there is a public sewer in any street, highway or alley shall make a sufficient drain, from his or her lot or premises, connected with such sewer, and the water commissioner shall have the power in all cases where there is a public sewer as aforesaid to cause such connection to be made and shall give the owner or occupant, notice in writing, specifying the time at which the drain or improvement must be completed, provided the time shall not exceed ten (10) days. If the owner or occupant shall fail, neglect or refuse to comply with the time specified, the water commissioner shall report the same to the council and the council shall immediately, either at a regular meeting or at a special meeting of the council, called for that purpose, cause the drain or improvements to be constructed and the amount paid for the construction of the same shall be assessed against the lands or premises so drained and improved, and the same shall be reported to the council as to the amount of such assessments for the work and improvements and upon confirmation by the council the same shall constitute a lien upon said lands and premises so drained or improved. (Ord. 196 § 2, 1975)
13.08.030 Water commissioner to order.
When any private drain pipe connected with any public sewer or drain becomes obstructed, broken or out of order, the water commissioner shall, if the owner or occupant of such premises fails to repair the same after two days notice so to do, cause such drain pipe to be removed, reconstructed, repaired, altered or cleaned as he or she may deem expedient, at the expense of the owner or occupant of the premises as aforesaid, to be collected as provided in this section. No person shall make any connections with any of the public sewers, nor shall any opening be made into the same until the person making the same shall obtain from the water commissioner a permit so to do and upon obtaining such permit, the person shall perform the work in strict conformity with the provisions of this chapter and under the supervision of the water commissioner and he or she shall also replace and repair the streets, alleys or highway over, in or through which the same may pass to as good a state and condition as at the time of the commencement of the work and maintain the same in good order to the satisfaction of the water commissioner and shall conform in all respects to the rules and regulations of the city relative to the streets, alleys and highways. (Ord. 196 § 3, 1975)
13.08.040 Application for permit.
All applications for permits under this chapter shall be made by the owner or agent and must state the locality of the sewer, the number of the lot and block and the number of the buildings to be connected and how they are occupied.
It is unlawful for any person to extend any private sewer or drain beyond the limits of the building or property for which the permit has been given, or to connect with any private or general sewer without having first obtained such permit. (Ord. 196 § 4, 1975)
13.08.050 Revocation of permit.
All permits given as aforesaid to connect sewers and drains shall be upon the express condition that the council may at any time revoke or annul the same and the person making such connection or their successors in interest, shall have no right to claim any damage in consequence of such permit being revoked or annulled. (Ord. 196 § 5, 1975)
13.08.060 Specifications for connections.
All connections with public sewers or drains shall be made in a workmanlike manner, and even with the inside surface of the sewer, where the connecting “Y” has been left or in case the water commissioner shall deem best, any person making such connection shall remove a joint of the sewer pipe and insert in its place a “Y” properly placed and securely cemented before making connection therewith. When a “Y” has been left, the connection shall be made without damage or breaking the same. The street must be opened and the paving or planking deposited in a manner that will occasion the least inconvenience to the public and to provide for the free passage. One-half of the street must be kept clear for the purpose of passage of vehicles, and bridgeways must be provided on sidewalks for foot passengers. In refilling the trenches the earth must be deposited in layers of not more than six inches in depth and well rammed and tamped to prevent after settlements. As soon as any such drain or sewer is completed, the paving or planking of streets or sidewalks must be reconstructed in as good a condition as previous to the excavation and all rubbish and surplus earth immediately removed. (Ord. 196 § 6, 1975)
13.08.070 Drains--Material--Grade.
The drains which enter into any public sewer or drain in any street, alley, avenue or highway, shall be built of such fixed materials and with such grade and in such manner as is provided by the council. (Ord. 196 § 7, 1975)
13.08.080 Written notice for connection required.
Notice in writing must be given to the water commissioner at the office of the clerk, by any person desiring to make connection with any public sewer or drain at least twenty-four (24) hours previous to the time of making the connection, when the work is ready for inspection. The water commissioner or his or her authorized agent shall inspect the same and the connections must be made in the manner prescribed in this chapter as well as to the satisfaction of the water commissioner before the trench is filled. (Ord. 196 § 8, 1975)
13.08.090 Specifications for drains.
It is unlawful to construct or extend any drain pipe for the reception of sewerage or wastewater under or into any hotel, tenement or dwelling house or any building, or to connect the same with a public sewer unless the drain shall, in its plan and construction, conform with the following requirements:
A. There shall be in the drain a trap so constructed as to bar the passage of air from beyond the trap into the house by an obstacle equal to one inch in depth or water.
B. Between the trap and the foot soil pipe there shall be connected with the drain an inlet pipe for the admission of fresh air, and the soil pipe within the house shall be continued above the earth and left above the same, so that the whole drain may be thoroughly and constantly ventilated.
C. All joints, where the building is used as a hotel, tenement house, boarding house or restaurant, the owner or occupant must provide a properly constructed grease trap, through which all slops of a greasy nature shall be drained and the water commissioner is authorized and directed to compel any person to provide and use a grease trap as aforesaid, whenever, in his or her judgment, the same is necessary. In all cases the connection with a cast iron soil pipe, whether inside the building or otherwise, shall be made with pig lead and oakum and thoroughly caulked. (Ord. 196 § 9, 1975)
13.08.100 Plans must be submitted with application.
Whenever any person desires to construct a house drain to be connected with or discharged into any sewer, he or she shall, before beginning work upon the same, deposit with the clerk a plan thereof, which shall show the whole course of the drain from the connection with the sewer to its termination within the house, with the location of all branches and fixtures to be connected therewith, the plans or a copy thereof, to be left on file in the office of the clerk. If upon the investigation of the plans, the water commissioner shall find that the same does not conform with the requirements of this chapter, the commissioner shall issue no permit for its construction or connection with any sewer, and it is unlawful to construct the drain or to connect the same either directly or indirectly with any sewer. (Ord. 196 § 10, 1975)
13.08.110 Right of entry for inspection.
The city engineer, or the water commissioner, shall have the right to enter upon any premises drained by any house drain or connected with any public sewer, at all reasonable hours, to ascertain whether the provisions of this or any other chapter in regard to house drains has been complied with and if he or she should find that the drain or its attachments are in conflict with the provisions of any law, he or she shall notify the owner of the premises, or the agent of such owner of the fact. It shall thereupon be the duty of the owner or agent to cause the drain or its attachments to be so altered, repaired or reconstructed, so as to make them conform to the requirements stated herein, within ten (10) days after the time of receiving such notice. (Ord. 196 § 11, 1975)
13.08.120 Injury to sewer prohibited.
No person shall injure, break or remove any portion of any manhole, lamp hole, flush tank, septic tank or any part of the public sewer or sewer system. (Ord. 196 § 12, 1975)
13.08.130 Notice to lay drain required.
When any person shall desire to lay any pipe or pipes in any of the streets on which sewerage pipes are laid, he or she shall give at least twenty-four (24) hours notice to the water commissioner of the intention so to do and procure a permit therefor before proceeding. (Ord. 196 § 13, 1975)
13.08.140 City employees to determine if work authorized.
It shall be the duty of any person employed by the city in all cases where they shall find any person engaged in the breaking of ground for the purpose of making connection with the public sewer to ascertain at once if such person is duly authorized to perform such work, and in the event that such person is not duly authorized or does not have a permit, to order them to desist under penalty of this chapter and to immediately report the facts to the chief of police and the water commissioner of such violation. (Ord. 196 § 14, 1975)
13.08.150 Workmanship and materials.
All materials used in connections must be of good quality, free from defects and the work must be executed in a thorough and workmanship-like manner and to the entire satisfaction and approval of the water commissioner. (Ord. 196 § 15, 1975)
13.08.160 Drains to sewers--Specifications.
A. Every house or building connected with the public sewer or private cesspool, must have a house drain through which sewerage is carried, constructed of approved pipe, which shall extend five feet outside of the building or foundation. The drains are to be laid in trenches of uniform grade or securely suspended from floor timbers by strong iron hangers; they shall have proper fall of not less than one-fourth of an inch per foot towards the main sewer and in as straight a line as possible.
B. All changes in direction or connections of soil or waste pipes shall be made by means of “Y” branches with one-eighth and one- sixteenth bands. Sanitary tees shall only be made in vertical lines of pipe. Heel outlets shall not be used for vent connections. Saddle hubs and saddle bands are strictly prohibited. There shall be a cleanout put in the sewer at the last change of direction or at the end of the horizontal main drain of the building. All clean-outs shall be closed by screw covers, and shall be kept accessible; when sewers are laid beneath the floor, manholes must be constructed to give access to cleanouts. (Ord. 196 § 16, 1975)
13.08.170 Terra cotta sewers prohibited.
In no case shall terra cotta sewers be used within the city. (Ord. 196 § 17, 1975)
13.08.180 Specifications for connections and building sewer lines.
All connections and building sewer lines connecting with the public sewer system shall be constructed, installed and connected in such a manner as to insure a permanent and sanitary sewer, watertight throughout. The pipe used in the installation thereof shall be equal in quality to the pipe used in the general sewer system and not less than four inches in diameter. The jointing compound, where mechanical joints are not used, shall be equal in quality to that used in the general or public sewer systems and no cement or grout made therefrom shall be permitted. Where mechanical joints are used, they shall be of such construction that an absolutely tight joint is insured. The building sewer shall be sufficient to carry all sewage into the general sewer system and each toilet, sink, stationary washstand and every other piece or type of equipment or facility having waste fluids or sewage shall be connected therewith. The slope of the building sewer shall be subject to the approval of the water commissioner. The pipe in the building sewer shall be laid so that the flow line therein will be at a depth of not less than thirty (30) inches from the surface ground. (Ord. 196 § 18, 1975)
13.08.190 Excavations for building sewers.
A. All excavations for building sewer installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. All streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 196 § 19, 1975)
13.08.200 Discharge of harmful wastes.
A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpoluted industrial process waters to any sanitary sewer.
B. No person shall discharge or cause to be discharged any of the following described waters or wastes to any sewer in the city:
1. Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid, or gas.
2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by inter action with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant.
3. Any waters or wastes having a pH lower than six and one-half or higher than eight and one-half, a chlorine demand of over five p.p.m. (parts per million) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshlings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. Any substances prohibited by the Idaho Department of Health and Welfare.
C. No person shall discharge or cause to be discharged into a sewer any of the following described substances, materials, waters or wastes if it appears likely in the opinion of the water commissioner or technical expertise at his or her disposal that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the water commissioner or his or her authorized representative will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit or sixty-five (65) degrees Celsius.
2. Septic tank effluent.
3. Any water or waste containing fats, wax, grease or oils, whether emulsified or not containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit or zero and sixty-five (65) degrees Celsuis.
4. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the water commissioner or his or her authorized representative.
5. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
6. Any ground or unground fruit peelings and cores from canneries and packing plants. Cull fruits and vegetables. Fruit and vegetable pits and seeds.
7. Any waters or wastes containing the materials in excess of the following limits:
Copper .5 milligrams per liter
Total chromium .5 milligrams per liter
Cyanide .5 milligrams per liter
Nickel .5 milligrams per liter
Silver . 5 milligrams per liter
Zinc .5 milligrams per liter
Total heavy metals 1.0 milligrams per liter pH minimum 6.5, maximum 8.5
Or wastes exerting a chlorine demand of over 5. ppm.
8. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the water commissioner or expertise at his or her disposal as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies or jurisdiction such discharge to the receiving waters.
9. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the water commissioner or expertise at his or her disposal in compliance with applicable state or federal regulations.
10. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. Unusual BOD (biochemical oxygen demand), or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
. d. Unusual volume of flow or concentration of wastes constituting “slugs” as defined in this section.
e. Waters or wastes containing substances which are not amenable to treatment or reduction a by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 196 § 20, 1975)
13.08.210 Action of water commissioner upon discharges having deleterious effect.
If, any waters or wastes are discharged, or are proposed to be discharged into the sewers, as defined in this chapter, and which in the judgment of the water commissioner may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance the water commissioner may:
A. Reject the wastes;
B. Require pretreatment to an acceptable condition for discharge to the public sewers;
C. Require control over the quantities and rates of discharge; and/or
D. Require additional payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions.
If the water commissioner permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the water commissioner and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 196 § 21, 1975)
13.08.230 Charges--When due and payable.
All sewer charges shall be due and payable to the clerk between the first and tenth day of each month and upon failure to pay the same by the fifteenth day of the month, each user shall pay, in addition to the amount due, a fine of one dollar ($1.00). These charges shall be paid at the same time as the water charges. It is understood, however, that where a charge is made for both water and sewer that only one delinquency fine for any one month shall become due and payable. (Ord. 196 § 23, 1975)
13.08.240 Delinquency--Notice.
On the fifteenth day of each month the clerk shall make a delinquent roll, listing the names of those delinquent and the charges against each delinquent, including a one dollar ($1.00) penalty above indicated. On or before the sixteenth day of each month the clerk shall mail to each delinquent sewer user a statement showing the total amount charged against him or her, and notifying such sewer user that unless this total amount is paid to the clerk on or before the twenty-fifth day of the month the water service to his or her premises shall be discontinued. (Ord. 196 § 24, 1975)
13.08.250 List--Discontinuance of water.
On the twenty-fifth day of each month the treasurer shall make out a list containing the names of all sewer users then delinquent in the payment for the use of the sewer during the previous month, together with the amounts of the delinquency charges, including penalties, and shall direct the water commissioner to shut off and discontinue all water to the premises to which the delinquency applies, and the same shall not be reinstated or turned on again until the delinquency charge, including penalties, has been paid. (Ord. 196 § 25, 1975)
13.08.260 Application for sewer connections--Fees.
The water commissioner is authorized to permit connections to be made with the city sewer system by any property owner desiring to connect with the sewer system; provided, that any person desiring to so connect with the sewer system shall make application therefor, in writing, to the water commissioner, and in which application he or she shall describe in particular the connection to be made and along what streets or alleys the applicant proposed to construct any sewer, the probable cost of such connection along said street or alley and the applicant shall give such other information as the water commissioner may demand. If a permit is granted, such connecting sewer shall be of such size and shall be built of such materials and at such point and of such grade and depth as the water commissioner and city engineer may direct, taking into consideration future connections which may be made with such connecting sewer. The water commissioner may refuse to issue such permit if the proposed connection would overload any existing sewer or drain. All decisions of the water commissioner and city engineer may be reviewed and modified or reversed by the council.
There shall be no fee charge for a permit to make a service sewer connection with a city sewer line if the property for which the sewer connection is desired has contributed equally toward the cost of the original construction of the city sewer line whether on an assessment or cash basis. Otherwise, the application shall be accompanied by a sum of three hundred fifty dollars ($350.00), which shall be a fee payable to the city for each and every service connection made to the city sewer line from said property, a charge of fifty dollars ($50.00) will be made by the water comissioner for each inspection of sewer service connections. (Ord. 196 § 26, 1975)
13.08.270 Sewers property of city--Filing of costs.
All sewers located in any street or alley in the city shall belong to the city, and in the event that any person shall make a connection with the city sewer system and such connection is available to others who might connect with such connection, the person so first connecting with the sewer shall, as soon as such connection is made, file with the clerk an itemized statement of the costs of building such connecting sewer. The water commissioner, together with the city engineer, shall audit and determine the reasonable costs of such connection through any streets or alleys and file a report thereon with the clerk, and in the event that the water commissioner and the city engineer shall determine that the cost of such connecting sewer is less than that submitted by the person constructing such sewer, the water commissioner and the city engineer shall hold a hearing and give such person ten (10) days written notice of such hearing and at such hearing evidence may be taken by the city engineer and the water commissioner of the cost of such sewer and at the close of such hearing the commissioner and engineer shall file a written report with the clerk of their determination of the costs and expenses of building and connecting such sewer with any sewer, and which determination shall be subject to review by the council at its next regular meeting after the filing of such report. It shall be the duty of the clerk to give the person building such connecting sewer written notice of the regular meeting of the council and that the costs of building such sewer will be settled at such meeting, and the council shall have the power to fix the cost of such connecting sewer, which determination shall be final and binding upon all parties. (Ord. 196 § 27, 1975)
13.08.280 Permitting other connections--Costs to be paid.
The water commissioner may permit other connections to be made with such connecting sewer by other parties upon payment to the city of the proportionate share of the cost of constructing such connecting sewer properly payable by the person wishing to connect thereon. The amount of payment to be made for such connection shall be based upon the original cost of such connecting sewer, as determined by the water commissioner and city engineer, taking into consideration the probable future use of such sewer by other connection therewith. No extra allowance shall be made for interest upon the original investment in such connecting sewer, and no deduction. shall be made for depreciation thereon.
If the property proposed to be connected with such connecting sewer abuts upon or is adjacent to such sewer, the owner of the same shall pay to the city for so connecting that proportion of the total original cost of such connecting sewer which the frontage of all the property he owns abutting upon or adjacent to such connecting sewer bears to the total frontage capable of being served by such connecting sewer. In the event the property proposed to be connected to such connecting sewer does not abut upon and is not adjacent to such connecting sewer, then the owner of such property shall pay such fee as reasonably compensates the original builder for the use thereof. The amounts shall be fixed by the water commissioner and the city engineer. All decisions of the commissioner and engineer under this chapter shall be subject to review by the council, after reasonable notice to the party concerned, and may be modified or reversed by the council. (Ord. 196 § 28, 1975)
13.08.290 Person first connecting may receive money from later connections.
Upon payment of any money to the city by a person desiring to connect with such sewer, the person first constructing such connecting sewer, or his or her successors or assigns, shall be entitled to such moneys upon filing a claim with the clerk to be allowed by the council us other bills against the city are allowed and paid. (Ord. 196 § 29, 1975)
13.08.300 Private sewer prohibited.
All connections with the city’s sewer system in any street or alley shall belong to the city and no private sewer, except as otherwise provided in this chapter shall be deemed valid and binding upon the city or any of its inhabitants. (Ord. 196 § 30, 1975)
13.08.310 Private sewer abolished.
It is the intent and purpose of this chapter to abolish all private sewer connections with the city sewer system and the city shall own all sewer connections made by private persons along any street or alley and the city shall own, control and operate all sewers laid or placed along any street or alley within the corporate limits. (Ord. 196 § 31, 1975)
13.08.320 Contents of cost statements.
Any person filing a cost statement on connecting sewers constructed or to be constructed shall specify the particular land to which the right to claim reimbursements for connections thereafter made by other persons upon such connecting sewer shall be appurtenant. In the event such land shall be subdivided, the right to reimbursement for subsequent connections shall be prorated between the several portions created by said subdivision in accordance with the area of such portion. The original cost estimate may divide such total cost among several separate tracts of land in the first instance, in which event the right to reimbursement shall be prorated according to the proportion of the cost attributed to and appurtenant to each tract. (Ord. 196 § 32, 1975)
13.08.330 City not liable. The city shall in no circumstances become liable to any person who has constructed a connecting sewer except to the extent of the money collected for his or her use and benefit as herein provided. In the event that the city has paid moneys so collected to any person claiming to be the rightful owner of the land to which the right to be reimbursed for subsequent connections may be appurtenant, it shall not be liable to any other person for and on account of such moneys. (Ord. 196 § 33, 1975)
13.08.340 Illegal connections prohibited. No person shall connect with the sewer system of the city without a permit as set forth in this chapter. Any illegal connection may be prevented by the city’s severing such connection or by injunction or other appropriate action, instituted in the name of either the city or the property owner entitled to reimbursement. The right to collect reimbursement for connecting with a sewer connected at private expense on which cost statements have been filed as herein provided may be enforced by the property owner beneficially interested in an ordinary civil action in any court of competent jurisdiction. (Ord. 196 § 34, 1975)
13.08.350 Connecting sewer--Connections defined. The words “connecting sewer” or “connection” as used in this chapter means that portion on any sewer pipe or line which is located within any street or alley and which is or has been constructed at private expense and connected with the city sewer system. (Ord. 196 § 35, 1975)
13.08.360 Responsibility to maintain feeder sewer pipe and sewer lines. It shall be the responsibility of each sewer user to maintain all sewer pipes and sewer lines from his or her inlet to the connection of his or her sewer pipe and sewer line to the city sewer system being the collector sewer lines located in the streets and alleys of the city. (Ord. 196 § 36, 1975)
13.08.370 Violation--Penalty. Any person, firm or corporation that shall fail to comply with, or violate 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 three hundred dollars ($300.00) or imprisonment in the county jail for a period not to exceed thirty (30) days, or both such fine and imprisonment for each offense, provided that each day a violation is permitted to exist shall constitute a separate offense. (Ord. 196 § 37, 1975)
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Title 15 Construction
Chapters: 15.04 Uniform Construction Codes Adopted 15.08 Manufactured Housing and Mobile Homes 15.12 City Impact Area 15.16 Flood Hazard Area Regulations
Chapter 15.04 UNIFORM CONSTRUCTION CODES ADOPTED Sections: 15.04.010 Code adoption. 15.04.020 Amendments to adopted codes. 15.04.030 Available for inspection. 15.04.040 Notice of noncompliant building or structure. 15.04.050 Exemptions. 15.04.060 Enforcement and penalties.
15.04.010 Code adoption. The approved editions of the following nationally and statewide recognized codes, as adopted by the state of Idaho Building Code Board, are adopted as the official building codes of the city of Juliaetta, except as provided in Section 15.04.020: International Building Code International Residential Code, parts I-IV, and IX International Energy Conservation Code A. The adopted versions of the foregoing codes shall be deemed superceded by successive versions of such codes as they are adopted or approved by the Idaho Building Code Board effective on the date any such codes are made effective by the Idaho Building Code Board. B. The 1997 Uniform Code for Building Conservation, the 1997 Uniform Mechanical Code, the 1997 Uniform Housing Code and the 1997 Code for the Abatement of Dangerous Buildings are adopted as building codes of the city of Juliaetta, except as provided below. (Ord, 2003-2 § 1)
15.04.020 Amendments to adopted codes. The following amendments shall be applicable to the adopted building codes: A. Scope. The provisions of this code shall apply to the construction, alteration, moving, repair, maintenance and use of any building or structure within the city of Juliaetta, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control devices. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. B. Amendments to the 1997 Uniform Building Code. Section 104.2.4, Section 105, Section 106, Section 109, Chapter Four, Section 1806 and Section 1914 of the 1997 Uniform Building Code are hereby amended as follows:
Section 104.2.4 Stop Orders. Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official may order the work stopped by posting a stop work order at the construction site, notification by certified mail to the property owner, or other method which provides written notice to the property owner or persons engaged in the work. Upon notification, all such work shall cease until authorized to resume by the building official.
Section 105.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation to this code, there shall be and is hereby created a board of appeals consisting of three members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction The board of appeals shall be appointed by the Mayor and City Council of the City of Juliaetta and shall hold office at its pleasure. A member of the board of appeals shall act as Secretary. The board of appeals shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
Section 105.3 Filing and Timing of Appeals. Any person may file an appeal from any notice or action of the building official to provide for the reasonable interpretation of the provisions of the codes as adopted. A $25.00 fee and written appeal describing the specific issues being appealed must be submitted to the City clerk within fifteen (15) days of the date of notice or action of the building official. After receiving the written appeal, the board of appeals shall be appointed within fifteen (15) days and shall fix a date, time, and place for hearing the appeal. The board of appeals shall hear the appeal within thirty (30) days after appointment by the Mayor and City Council. Written notice of the time and place of the hearing shall be given at least fifteen (15) days prior to the date of the hearing to each appellant and to the building official. The board of appeals must render a decision within thirty (30) days of the hearing of such appeal. Every decision of the board of appeals must be based upon findings of fact and every finding must be supported in the record of the proceedings of the board of appeals.
Section 106 Work exempted from permits. 1. One story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the square footage does not exceed 200 square feet. 2. Retaining walls of which the exposed wall is not over four (4) feet in height, measured from the lowest grade to the top of the wall, unless supporting a surcharge or impounding Class I, II or 111-A liquids. 3. Replacement of existing windows and doors on R-3 and U occupancies, when the area and shape of the rough opening of the window or door is not changed. 4. Replacement of existing exterior siding on R-3or U occupancies.
Section 106.4.1 Issuance. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the building official. Such permit plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, including verification of sewage disposal permits or approval from the North Central District Health Department or appropriate sewer district or municipality, and that the fees specified in Section 107 have been paid, the building official shall issue a permit therefore to the applicant.
When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans.
Section 106.4.4 Expiration. Every permit issued by the building official under the provisions of this code shall expire and become null and void if no inspection is requested and performed for the work authorized by such permit within one (1) year from the date of the permit’s issuance. If no inspection is requested work performed within one (1) year after the most recent inspection, the permit shall expire and become null and void. Prior to expiration, the building official may grant one extension of one (1) year to any permittee that makes a written request for such an extension. No permit shall be extended more than once, and if no inspection has been requested and performed within the one (1) year of the extension, the permit shall expire and become null and void. No inspection shall be performed unless the building official determines there is a reasonable prospect that the project is ready for a required inspection.
Within one (1) year of the expiration of the permit, work may only recommence by permit renewal approved by the building official The fee for renewal shall be $25.00 or one half the original permit fees, whichever is less, provided no changes have been made or will be made in the original plans and specifications for such work. No work covered by a permit expired for one (1) year or more shall recommence until a new permit has been issued including full payment of fees established in this code. Section 109.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the code enforcement agency, and that the necessary State of Idaho electrical and plumbing permits are completed, the building official shall issue a certificate of occupancy that shall contain the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. Chapter 4, Section 419--Signs. The installing or constructing of signs shall require a permit. Signs shall be designed in accordance with accepted engineering practices. Permits for signs shall require payment of $25.00 fee. Exception: Signs not exceeding a height of fourteen feet and not exceeding an area of 64 square feet are exempt from building permit plan review requirements. Section 1806.1 General footing requirements for decks. Exception: Uncovered decks on manufactured homes which are not set on permanent foundations may be placed on footings that do not extend below the frost line under the following conditions: 1. The floor level of the deck is not more than 40 inches above grade. 2. The dimensions of the deck shall not exceed eight (8) feet perpendicular to the home and twelve (12) feet parallel to the home. Slab-on grade and mat-type footings for buildings located on expansive soils may be designed in accordance with the provisions of Division III of such other engineering design based on geotechnical recommendation as approved by the building official. Section 1914.2.1 Walls. Walls shall be designed for eccentric loads and any lateral or other loads to which they are subjected. Concrete walls exceeding a height of nine feet and subject to lateral loads shall be designed in accordance with accepted engineering practices. Exception: Concrete walls not exceeding a height of four feet may have vertical reinforcement spaced not farther apart than 48 inches. C. Amendments to the 1997 Uniform Housing Code. Chapter 1, Section 104 of the Uniform Housing Code is hereby amended by adding a new Section 104.3 as follows: Section 104.3 Existing buildings and structures. The provisions of this code shall apply equally to all buildings or structures including those buildings or structures constructed prior to the adoption or existence of recognized building codes. (Ord. 2003-2 § 2)
15.04.030 Available for inspection. Three copies of the adopted codes, duly certified by the city clerk, shall at all times be kept available for inspection by the public at the office of the city clerk and shall be available to the public during normal business hours. (Ord. 2003-2 § 3)
15.04.040 Notice of noncompliant building or structure. A. Definition of Noncompliant Building or Structure. Any building or structure that does not comply with the provisions of the codes as adopted in this chapter. B. Commencement of Proceedings. When the building official has inspected or caused to be inspected any building or structure and has found that such building or structure is noncompliant, or the building official is unable to verify compliance because the required inspections have not been requested and performed, the building official shall commence proceedings to cause the repair or inspections of the building or structure. C. Notice, Order and Appeal Process. The building official shall issue a notice and order directed to the record owner of the building or structure. The notice and order shall contain: 1. The street address, if issued, and a legal description or assessor’s parcel number sufficient for identification of the premises upon which the building or structure is located. 2. A statement that the building official has found the building or structure to be noncompliant with a brief and concise description of the conditions found to render the building or structure noncompliant under the applicable provisions of the applicable code. 3. A statement of the action required to be taken as determined by the building official. a. When the building official has determined that the building or structure must be repaired or inspected to comply with adopted codes, the order shall require that all required permits be secured if a permit is no longer valid and the work or inspection physically commenced within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the building official shall determine is reasonable under the circumstances. 4. A statement advising that if any required repair work or inspection is not completed within the time specified, the building official will file a Certificate of a Noncompliant Building or Structure in the office of the County Recorder. 5. Statements advising: (i) that any person having any record title or legal interest in the building or structure may appear from the notice and order or any action of the building official to the board of appeals, in accordance with Section 105 of the 1997 Uniform Building Code; and, (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. D. Service and Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner. One copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed or trust or lien or encumbrance of record; and the owner of holder of any lease of record; and other estate or legal interest of record in or to the building official to serve any person required herein to be served shall not invalidate proceedings hereunder as to any other person duly served or relieve any such person form any duty or obligation imposed by the provisions of this section. E. Method of Service. Service of the notice and order shall be made upon all persons entitled to notice either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt request, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice shall be mailed, addressed to such person, at the of the building involved in the proceedings. The failure of any such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. F. Proof of Service. Proof of service of the notice and order shall be certified as to the time of service by a sworn and notarized statement executed by the persons effecting service, declaring the date and manner in which service was made. The declaration or any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official. G. Recordation of Noncompliance. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying: (i) that the building or structure is noncompliant; and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer noncompliant, whichever is appropriate. H. Referral for Further Action. The building official shall notify the mayor and city council of completion of this proceeding and refer the matter to the city for determination of any further proceedings. (Ord. 2003-2 § 5)
15.04.050 Exemptions. Agricultural buildings are exempt from the building codes adopted herein but shall remain subject to placement requirements established by zoning regulations. (Ord. 2003-2 § 6)
15.04.060 Enforcement and penalties. Nothing herein shall prevent the city of Juliaetta, its mayor and city council, or any other public official or private citizen from taking such lawful action as is necessary to prevent or correct any violation of this chapter or of Idaho Code. The remedies that are available to the city include, but are not limited to: injunction, criminal action, and civil action. (Ord. 2003-2 § 4)
Chapter 15.08 MANUFACTURED HOUSING AND MOBILE HOMES Sections: 15.08.010 Application of regulations. 15.08.020 Manufactured housing--Residential lots. 15.08.030 Single wide manufactured homes--Residential lots. 15.08.040 Manufactured housing--Mobile home parks. 15.08.050 Permits required. 15.08.060 Repair and remodeling. 15.08.070 Appeals. 15.08.080 Violations constitute misdemeanor. 15.08.010 Application of regulations. This chapter shall apply to any manufactured home or mobile home placed in the city after the effective date of the ordinance codified in this chapter. Habitable homes which are located within the city and connected to water and sewer services prior to the effective date of the ordinance codified in this chapter are not regulated, however, any such home which is destroyed or more than fifty (50) percent damaged shall be replaced or repaired in accordance with these regulations. (Ord. 95-5 § 1) 15.08.020 Manufactured housing--Residential lots. Manufactured housing and mobile homes which are twenty-two (22) feet or greater in width may be placed on individual residential lots if the following: A. The minimum lot size shall be seven thousand five hundred (7,500) sq. feet; B. Must be set on a concrete pad or other footings satisfactory to the city; C. Must be skirted with masonary, wood, metal or plastic skirting; D. Must have landscaping on all unimproved lot areas (landscaping is defined to include grass, shrubs, trees and gardens); E. Must have certification by the US Department of Housing and Urban Development; F. Must have a main entry porch which is at least thirty-six (36) square feet; G. Must comply with the manufacturer’s specifications, and all laws applicable to set up (the most stringent requirement will apply); H. Must have a pitched roof which is an integral part of the home of at least a nominal three to twelve pitch; I. Must have a garage or an attached carport; J. If more than five years old, must have a special use permit issued by the city council prior to placement. To obtain such permit, applicant must demonstrate that the home to be placed meets current life safety and fire code standards, is in good condition, will conform to the character of the surrounding neighborhood, and will not have a negative impact on property values. The city council may attach reasonable conditions to ensure that such home is safe and compatible with housing in the neighborhood. (Ord. 95-5 § 2) 15.08.030 Single wide manufactured homes--Residential lots. Single wide mobile homes and manufactured homes less than twenty-two (22) feet wide may be placed on individual residential lots upon a showing that the owner will comply with the standards set forth in Section 15.08.020 and upon the issuance of a special use permit by the city council prior to placement. To obtain such permit, the applicant must show that such placement will conform to the character of the surrounding neighborhood, and will not have a negative impact on property values. The city council may attach reasonable conditions to ensure that such home is safe and compatible with housing in the neighborhood. (Ord. 95-5 § 3) 15.08.040 Manufactured housing--Mobile home parks. Manufactured housing and mobile homes may be placed within mobile home parks which conform to city ordinances, providing such homes meet the following standards: A. Must be skirted with masonary, wood, metal or plastic skirting; B. Must have landscaping on all unimproved lot areas (landscaping is defined to include grass, shrubs, trees and gardens); C. Must have certification by the US Department of Housing and Urban Development; D. Have a main entry porch which is at least thirty-six (36) square feet; E. Setup must comply with the manufacturer’s specifications, and all other laws applicable to set up. (Ord. 95-5 § 4) 15.08.050 Permits required. Any person placing a mobile home or manufactured home must first obtain a placement permit from the city clerk and pay all applicable fees, including sewer and water connection fees, if applicable. No used mobile home shall be occupied until a life safety inspection has been conducted and modifications may be required to bring the home up to current life safety standards and to ensure that the electrical system is adequate and safe. Permits for electrical and plumbing connections must be obtained from the state. When all fees have been paid, inspections completed, and necessary corrections made, an occupancy certificate will be issued. It is unlawful to occupy a home without an occupancy certificate. Fees may be adopted by the city council from time to time by resolution. (Ord. 95-5 § 5) 15.08.060 Repair and remodeling. Any repair or remodeling of any mobile home within the city shall be done only after a permit is obtained from the city. Such repair or construction shall conform to the current edition of the Uniform Building Code where applicable or to the latest accepted standards for mobile home construction where the UBC is not applicable. Applicable electrical and plumbing permits must be obtained from the state. (Ord. 95-5 § 6) 15.08.070 Appeals. Any decision of an inspector may be appealed by an aggrieved party to the city’s building code advisory board. (Ord. 95-5 § 7) 15.08.080 Violations constitute misdemeanor. Violations of the above sections are misdemeanors punishable by a fine not to exceed three hundred dollars ($300.00), imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment. The city may also enforce this chapter through civil suit. (Ord. 95-5 § 9)
Chapter 15.12 CITY IMPACT AREA Sections: 15.12.010 Definitions. 15.12.020 Area. 15.12.030 Governing plan and ordinances. 15.12.040 Administration of the area of city impact. 15.12.050 Enforcement. 15.12.010 Definitions. The following words when used herein shall have these meanings: “Area” means city of Juliaetta’s area of city impact; “Board” means board of Latah County commissioners; “City” means city of Juliaetta; “County” means Latah County; “City council” means Juliaetta city council. (Ord. 95-4 § 3) 15.12.020 Area. This chapter shall affect the unincorporated area of Latah County within the following sections: All of sections 3 and 10, sections 4, 9, and 16 excepting the west ½ of the west ½ of said sections 4, 9, and 16, Township 37 North, Range 3 West, B M , the south ½ of the south ½ of sections 33 and 34, Township 38 North, Range 3 West, B.M. A map of this area, attached as Exhibit A, is hereby incorporated as a part of this chapter by reference. Land outside the city limits, but within the above described area shall be deemed within the Juliaetta Area of city impact. The geographic area is established by city of Juliaetta Ordinance #95-3. (Ord. 95-4 § 2) 15.12.030 Governing plan and ordinances. The county’s comprehensive plan and land use ordinances shall be applied to the area. (Ord. 95-4 § 4) 15.12.040 Administration of the area of city impact. The area shall be administered by the county which shall have final authority for approval of applications for conditional use permits, planned unit developments, variances, rezones, or platted subdivisions. All applications shall first be submitted by the applicant to the city council for review prior to hearing before the Latah County planning and zoning commission. The city council shall have thirty (30) days to conclude such review and submit written recommendations to the Latah County planning and zoning commission. The city may require that platted subdivisions within the area conform to reasonable standards for public improvements set forth in the city’s subdivision or other ordinances. (Ord. 95-4 § 5) 15.12.050 Enforcement. The city or county may enforce compliance with conditions set by the county prior to the effective date of the ordinance codified in this chapter. The county or the city may take legal action to enforce land use regulations within the area. (Ord. 95-4 § 6)
Chapter 15.16 FLOOD HAZARD AREA REGULATIONS Sections: 15.16.010 Basis for establishing the areas of special flood hazard. 15.16.020 Development permit required. 15.16.030 Use of other base flood data. 15.16.040 Alteration of watercourses. 15.16.050 General standards. 15.16.060 Specific standards. 15.16.070 Floodways. 15.16.080 Information to be obtained and maintained.
15.16.010 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of Juliaetta,” dated September, 1 979, as amended with accompanying flood insurance rate map and floodway map, as amended, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the Juliaetta City Hall, Juliaetta, Idaho. (Ord. 97-1 § 1)
15.16.020 Development permit required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures including manufactured homes and for all development including fill and other activities. (Ord. 97-1 § 2)
15.16.030 Use of other base flood data. When base flood elevation data have not been provided in accordance with this chapter, the building official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer this chapter. (Ord. 97-1 § 3)
15.16.040 Alteration of watercourses. The city shall: A. Notify adjacent communities and the Idaho Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, B. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord. 97-1 § 4)
15.16.050 General standards. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’ s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques). B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision Proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five acres (whichever is less). E. Review of Building Permits. Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. F. Review of Development Permits. The local administrator (building official) will review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. (Ord. 97-1 § 5)
15.16.060 Specific standards. In all areas of special flood hazards, the following provisions are required. A. Residential Construction. 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the building official; 4. Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in subsection A(2) of this section; and 5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below). C. Manufactured Homes. 1. All manufactured homes to be placed or substantially improved within zones Al-AH, A30 and AE on the community’s FIRM on sites: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park or subdivision; c. In an expansion to an existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and is securely anchored to an adequately designed foundation system to resist floatation, collapse and lateral movement. 2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community’s FIRM that are not subject to the above manufactured home provisions shall be elevated so that either: a. The lowest floor of the manufactured home is elevated one foot above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. D. Recreational Vehicles. Recreational vehicles placed on sites within zones A1-30, AH, and AE on the community’s FIRM either: a. Be on site for fewer than one hundred eighty (180) consecutive days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or c. Meet the requirements of subsection A(2) of this section and the elevation and anchoring requirements for manufactured homes. (Ord. 97-1 § 6)
15.16.070 Floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. If the provisions of this chapter are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions. (Ord. 97-1 § 7)
15.16.080 Information to be obtained and maintained. The following information shall be obtained and maintained: A. Where base flood elevation data are provided through the flood insurance study or required as in Section 15.16.030, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, whether or not the structure contains a basement. B. For all new or substantially improved floodproofed structures (non-residential only): 1. Verify and record the actual elevation (in relation to mean sea level); and 2. Maintain the floodproofing certifications required in Section 15.16.060B. C. Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 97-1 § 8)
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Title 16 SUBDIVISIONS
Chapters: 16.04 Subdivisions Generally
Chapter 16.04 SUBDIVISIONS GENERALLY Sections: 16.04.010 Authority. 16.04.020 Jurisdiction. 16.04.030 Application of regulations. 16.04.040 Basic rule--Subdivision plan approval required. 16.04.050 Definitions. 16.04.060 Procedure for subdivision approval. 16.04.070 Plans and specifications. 16.04.080 Expiration of subdivision plan approval. 16.04.090 Fees set by resolution. 16.04.100 Violation--Penalties. 16.04.010 Authority. The requirements established by this chapter are authorized by Title 67, Chapter 65, of the Idaho Code, as amended or subsequently codified, which provides a process which is a prerequisite to the filing of a subdivision plat when required by Title 50, Chapter 13, of the Idaho Code. (Ord. 95-6 § 1)
16.04.020 Jurisdiction. The provisions of this chapter shall apply to the subdivision of all land within the city of Juliaetta. This chapter governs the design and improvement of subdivision of land. It does not abrogate or otherwise modify any provisions of Idaho Code, Title 50, Chapter 13, which governs requirements of subdivision plats. In instances of potential conflict in application of this law and state statute, the more stringent provision shall take priority. Nothing contained herein shall be construed as license to avoid filing of a subdivision plat when otherwise required by state law. (Ord. 95-6 § 2)
16.04.030 Application of regulations. A. This chapter regulates the division of any tract of land within the city into two or more lots, parcels, tracts, or sites for the purpose of sale, lease, establishing a regulated primary land use, or building development, whether immediate or future. Mere recordation of legal descriptions, without actual conveyance of the land described, shall not constitute a division. All divisions of land which were the result of conveyance prior to the effective date of the ordinance codified in this chapter shall be governed by provisions of the law which pre-dated this chapter. B. The provisions of this chapter shall not apply to: 1. Divisions of land where the smallest tract is twenty (20) acres or more (gross area to include road right-of-way). 2. Divisions of a tract of land made by testamentary provision, the laws of descent, or similar orders of partition entered by court proceeding. 3. Divisions made for cemeteries or burial plots while used for that purpose. This exemption is limited to exemption from internal improvement requirements. No exemption is provided from boundary or exterior improvement requirements necessary to provide services or access to or through a cemetery. 4. Divisions made for the purpose of lot line adjustments where no additional building sites are created and where the resultant tracts comply with zoning ordinance requirements. (Ord. 95-6 § 3)
16.04.040 Basic rule--Subdivision plan approval required. No person shall carry out actions which constitute the subdivision of land as defined by this chapter and/or state law without first complying with the provisions of this chapter and, when applicable, state platting law; nor shall such actions contravene any provisions of the city zoning ordinance or any other ordinance of the city relating to the subdivision or development of land, adopted pursuant to authority granted by the Local Planning Act. Failure to comply shall be subject to enforcement in accordance with provisions of this chapter. (Ord. 95-6 § 4)
16.04.050 Definitions. The following words shall have the following meanings: “Subdivision” means the division of any contiguous ownership of land into two or more lots, parcels, tracts, or sites for the purpose of sale, offering for sale, lease, building development, or establishment of a primary land use, whether immediate or future, inclusive of all redivisions of existing tracts of land or subdivided lots and future divisions. (Ord. 95-6 § 5)
16.04.060 Procedure for subdivision approval. A. Application. Any person seeking to subdivide land within the city shall make application to the city clerk on forms provided by the city and pay all applicable fees at the time of application. The applicant shall be responsible for providing names and addresses of property owners who must receive notice pursuant to this chapter. B. Minor Subdivision. Proposals for division of a platted lot or division of one tract of land into no more than four parcels, all of which front upon an existing public road. Short subdivisions shall be heard by the city council by way of an established comment period of at least ten (10) days following mailing of notice adjacent property owners. The proposed plat or record of survey must be provided at least five days prior to the notice period. No formal public hearing shall be required in such matters unless ordered by the city council. A plat need not be filed for a minor subdivision unless required by the city council; a record of survey prepared by a licensed surveyor or engineer may be utilized. C. Major Subdivision. Proposals for divisions of land into more than four lots or which require dedication of right-of-way shall constitute a major subdivision. Major subdivision proposals shall be approved only after public hearing before the city council. The proposed plat must be filed with the city clerk at least fifteen (15) days prior to hearing on the subdivision. Notice of such hearing shall be provided to all property owners within three hundred (300) feet of the proposed subdivision. D. Action Taken. Final approval will not be granted until the city council has approved all final plans for a subdivision. The city council may approve subdivision requests, deny such request or approve the request with conditions. The council may require the developer to mitigate any negative impacts the development may have on adjacent property or the community. The city may require bonding for public improvements not constructed and accepted prior to sale of lots. (Ord. 95-6 § 6)
16.04.070 Plans and specifications. Plans must meet all specifications of the city and must be presented to, and approved by the city council before any work is done. Within thirty (30) days of completion of construction, as built plans shall be provided to the city. Owner shall reimburse the city for all engineering costs required to evaluate the plan or inspect public facilities installed. (Ord. 95-6 § 7)
16.04.080 Expiration of subdivision plan approval. Subdivision plan approval shall be effective for twelve (12) months. The owner may request an extension of subdivision plan approval for one additional twelve (12) month period by submitting his request, in writing, to the city council prior to the scheduled expiration deadline. (Ord. 95-6 § 8)
16.04.090 Fees set by resolution. The Juliaetta City Council is hereby authorized to adopt by resolution a fee schedule for services associated with review and inspection of subdivision plans and proposals. (Ord. 95-6 § 9)
16.04.100 Violation--Penalties. Failure to comply with the provisions of this chapter shall constitute a misdemeanor. Each day such violation exists may be considered a separate offense, subject to the penalty of a fine of three hundred dollars ($300.00), thirty (30) days incarceration in the county jail, or both such fine and imprisonment. In addition to the criminal penalties above, the city may proceed against the violator in civil court for both prohibitive and mandatory injunctions requiring the violator to conform to this chapter. In the event the city prevails, the violator shall be responsible for all platting costs, including a reasonable sum for attorney fees. Nothing herein contained shall prevent the city council or any other public official or private citizen from taking such legal action as may be necessary to restrain or prevent any violation of this chapter or of the Idaho Code. (Ord. 95-6 § 10)
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Title 17 ZONING
Chapters:
Section 1. Title and Purpose
This Ordinance shall be known as, and may be cited and referred to as “The Juliaetta Comprehensive Zoning Ordinance” in accordance with and exercising the authority of Title 67 Chapter 65 of the Idaho code. The purposes of this Ordinance shall be to:
1. Provide for the establishment of use zones and for restrictions in these zones.
2. Provide for side yard areas and non-conforming areas.
Section 2 Zoning Map Adopted
Section 3 Definitions
Words not defined herein shall be given the meaning ordinarily applied to such words as used in Zoning Laws.
3.01 Accessory Use or Building Shed for tools, fuel, accessory to and used with the residence building or other buildings. Accessory buildings shall be limited to twenty (20) percent of the total lot area and at no time shall more than fifty (50) percent of the floor area of all structures on the lot be accessory uses.
3.02 Alley means a street which affords only a secondary means of access to the property and is not intended for general traffic circulation.
3.03 Commercial means any activity where there is remuneration customarily received, exchanged, or paid for goods, merchandise or services
3.04 Floor Area means the area included in the surrounding walls of a building, or portion thereof, exclusive of vent shafts and courts, multiplied by the number of stories.
3.05 Height of Building means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof
3.06 Kennel, commercial means any lot or premises or portion thereof, other than a veterinary hospital, on which four (4) or more dogs are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
3.07 Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street,
3.08 Lot area means the total area of a lot measured in a horizontal plane within the lot boundary lines, exclusive of public and private roads, and easements of access to other property.
3.09 Lot coverage means that portion of the lot that is covered by buildings and structures.
3.10 Lot line, front means the property line separating the lot from the street, other than an alley.
3.11 Lot line, rear means a property line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or other shaped lot, means a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.
3.12 Lot line, side means any property line not a front or rear lot line.
3.13 Professional offices means the use of offices and related spaces for such service as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
3.14 Rear Yard means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to a building.
3.15 Single Family Dwelling means a detached building containing one (1) dwelling unit.
3.16 Side Yard means a yard between the front and rear yard measured horizontally and at right angles from the side lot line to a building.
3.17 Special Use means a use permitted in one or more zones as defined by this ordinance but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, street, and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones.
3.18 Structure means something constructed or built and having a fixed base on, or fixed connections to, the ground or another structure.
Section 4 Naming Zoning Districts
For the purposes of this ordinance the City shall be and is divided into zoning districts as follows
Zone “R” Residential Zone
Zone “C” Commercial Zone
Zone “I” Industrial Zone
Zone “Ag” Agricultural Zone
Zone “F” Flood Plain
Section 5 Boundaries Established on zoning map
The boundaries of the zones as designated by this Ordinance shall be established by indicating said boundaries upon the “City of Juliaetta Zoning Map” as adopted in this ordinance; provided that such established boundaries shall first be approved by the city council after a public hearing.
Section 6 Residential “R” Zone
6.01. In the Residential “R” Zone no building or premises shall be used or occupied or hereafter erected, or structurally altered excepting for the one or more of the following purposes:
Residential Dwellings
Accessory Uses
Churches
Schools
Home Occupations
6.02. In the Residence “R” Zone the following uses may be permitted by Special Use Permit:
Apartment buildings
Bed and breakfasts
Fire Station built in residence style
Isolated Private Garage
Library
Museum
Parks, Playgrounds, and Swimming Pools
Trailer courts and Mobile Home Parks
Tourist Park
6.03 Home Occupation:
a) The enclosed floor space required for the commercial or business activity, if located in a residence, shall not exceed 50% of the living space of the residence or, if located in an accessory structure, shall not exceed the floor space of the residence.
b) The building shall retain the character of a residence or residential accessory building. One sign to identify the business, unlighted and no larger than two square feet, shall be permitted. No additional outside signs, displays or other decorations shall be used to indicate that the residence is used for commercial or business purposes.
c). All parking associated with the activity shall be off the public right-of-way.
d). The commercial or business use shall be operated by the person(s) occupying the residence, and this residence must be their primary residence.
6.04 Isolated Private Garage: A Private garage for the use of occupants of a building or buildings on the same premise may be built upon lots isolated or detached from the dwelling or apartment house upon obtaining a Special Use Permit after a public hearing on same.
6.05 No livestock or poultry shall be raised or maintained in Zone”R” without a Special Permit and no billboards or sign boards may be erected.
6.06 In zone “R” Residential zone every building hereafter erected or structurally altered shall have a front set back of at least ten (10) feet from the street property line on which the building fronts; provided, however that in each block in which fifty per cent (50%) or more of the of the buildings on the same side of the street have been built in conformity with a fairly even and determinable front building line of less than ten feet (10”) from the street line, all buildings thereafter erected, established or rebuilt shall be in conformity with said front building line. In determining whether or not a front building line has been determined or established, the fair intents and purposes shall be considered and minor irregularities ignored and where any dispute arises in determining of any such front building line, the determination of the Zoning Commission shall be final. No part of the building, excepting unenclosed and unroofed porches which do not exceed four feet (4’) above the established grade, shall extend in front of the set back line.
6.07 In “R” Residence zone, buildings shall have a side yard setback of at least ten feet (10’). For the purposes of this Ordinance, fences, walls, or other obstructions over five feet (5’) in height above the established grade shall be regarded as structures.
6.08 In “R” Residence Zone buildings shall have a rear yard setback of at least 10 feet (10’).
6.09 In “R” Residence Zone, buildings shall have a maximum height of no more than 25 feet at the eaves.
6.10 In “R” Residence Zone buildings and concrete or other impermeable surface may not cover more than 50% of the lot surface.
6.11 In “R” Residence Zone the minimum lot size shall be 7500 square feet.
Section 7 Commercial “C” Zone
7.01 In the Commercial “C” Zone, all buildings or premises may be used or occupied for any use permitted in the “R” Residential Zone and for any of the following uses:
Business and Professional Offices
Retail Commercial business
Wholesale Commercial Business
Printing and Book-binding Establishments
Restaurants
7.02 In the “C” Commercial Zone, the following uses may be permitted by Special use Permits:
Automobile Service Stations
Light manufacturing which shall not be dangerous or offensive by reason
of dust, gas, odor, smoke, or excessive noise.
Places of amusement
7.03 In the Commercial “C” Zone, buildings shall meet the International Building Code as adopted by the city.
Section 8 Industrial “I” Zone
In the Industrial “I” zone all buildings or premises may be used or occupied for any use permitted in “R” or “C” Zones and for any of the following uses:
Auto wrecking establishments confined within buildings
Creameries
Grain Storage
Lumber Yard
Manufacturing which shall not be dangerous or offensive by reason of dust, gas, pollutants, smoke, or excessive noise.
Planing Mills
Public Auction or Sales Yard
Warehouses
The hours of operation shall be restricted to the period from 6 a.m. to 9 p.m. Operation
outside these hours shall require a special use permit
Section 9 Agricultural “Ag” Zone
9.01 In the Agricultural “Ag” Zone buildings or premises may be used or occupied for the following uses only:
Single Family dwellings
Field, tree, or bush crops
Hatching, raising, and marketing of poultry, provided no building pertaining to this use shall be closer than 50’ from the nearest adjoining property
Nursery and greenhouses
Temporary sales stands for the sale of farm and ranch products
Veterinarian office, kennel, animal training establishment, and animal hospital, subject to grant of a Special Use Permit
9.02 Lot sizes in the Agricultural Zone must be a minimum of one acre in size.
9.03 In the “Ag” Agricultural zone, the following uses may be permitted by
Special Use Permit:
Pasturage of horses, cattle, goats, and sheep
Public parks, playgrounds, and other recreational uses
Public facilities and utilities
Section 10 Flood Plain Zone
The Flood Plain “F” Zone is a hazardous area in which the building of permanent structures is discouraged. Only the following uses are allowed:
All agricultural uses with out structures
Public parks, camps, playgrounds, picnic areas, and riding areas, tennis courts, and other recreational uses not requiring structures
Industrial – commercial uses such as loading areas and parking areas
Residential uses such as lawns, gardens, parking areas, and play areas
Section 11 NONCONFORMING USES
11.01 DEFINITION AND PURPOSE OF REGULATION
A nonconforming use is a parcel, use, or structure which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations. It is the purpose of this Section to allow, but not encourage, the continuation of nonconforming uses. Nonconforming uses shall not be allowed to expand in size or increase in intensity except as provided by this Article.
11.02 CONTINUATION AND EXPANSION OF USE
A nonconforming use may be continued indefinitely. Unless they become a conforming building or use, nonconforming buildings or uses shall not be enlarged or expanded. Enlargement or expansion includes, but is not limited to, any alteration to the original building or use which would increase its size or intensity of use. The existence of a nonconforming use shall not be adequate justification for permitting other uses prohibited by this ordinance.
11.03 DISCONTINUANCE OF USE
Property with nonconforming uses discontinued for more than one year shall thereafter only be used for conforming uses. An intent to resume operation of a nonconforming use without actual operation of the non-conforming use shall not be sufficient by itself to allow resumption of a nonconforming use after one year of nonuse of the nonconforming use. Evidence must be provided by the individual of the last date the use occurred prior to an interrupted use being allowed to resume. If an illegal intervening use occurs, the nonconforming use will not be allowed to continue at any time.
11.04 REPAIR AND RESTORATION
After obtaining the proper building permits, ordinary repair work is permitted on any nonconforming structure, provided that the size of the structure is not increased and that the repair work does not result in an increase in the nonconformity of the building or use, After obtaining the proper building permits, a nonconforming building or building containing a nonconforming use which has been damaged or destroyed by natural causes may be restored to its former size and use, provided such restoration work is started within one year of damage and the building permit is not subsequently abandoned or does not expire prior to completion. A nonconforming building or building containing a nonconforming use that is intentionally moved or torn down cannot be replaced; except nonconforming dwellings may be replaced as provided by Section 11.05
11.05 REPLACEMENT OF NONCONFORMING DWELLINGS
Nonconforming single family dwellings that exceed the permitted residential density may be expanded or replaced, regardless of size, if the new or enlarged single family dwelling unit conforms to all other provisions of this ordinance. A residence may only be replaced or expanded if it has been permanently occupied for at least one year immediately prior to replacement or if the residence meets the standards for a residential building under the provisions of the Uniform Housing Code adopted by the City of Juliaetta.
11.06 DWELLINGS ON NONCONFORMING PARCELS AND LOTS
Existing parcels or lots platted and approved by the Juliaetta City council prior to adoption of this ordinance which do not meet the size or frontage requirements for their present zoning designation shall be considered nonconforming parcels. Single family dwellings may be placed on nonconforming eligible parcels provided that the new residence meets the zone's setback requirements. Adjacent parcels in the same ownership may be combined to provide adequate setbacks for new residences. Single family dwellings may be placed on nonconforming eligible parcels, where setbacks cannot initially be met, provided that the owner of the non-conforming parcel completes one or more boundary line adjustments to make the parcel meet the size, setback, and frontage requirements of its zoning designation.
Section 12 VARIANCES
A variance shall only be used to modify setbacks, building height, yard or frontage requirements, and parking requirements on a lot or parcel of land prescribed by this ordinance. Variances are not a property right and shall be reviewed by the Zoning Commission prior to construction. This review shall determine if the variance is in conflict with the public interest and that compliance with the specified ordinance restrictions would deny the property owner an otherwise permitted use on the property.
12.01 APPLICATION
Application for a variance shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the Planning & Zoning Commission shall be submitted to the Commission prior to scheduling a public hearing.
12.02 VARIANCE CRITERIA
A variance may be granted if the Planning & Zoning Commission finds that the proposed variance meets each of the following criteria:
A. The variance will not be detrimental to the public interest or other property in the vicinity of the proposed variance.
B. Compliance with setbacks, building height, yard or frontage requirements, and parking
requirements prescribed would deny the property owner an otherwise permitted use on the property due to the parcel's peculiar physical characteristics.
1. A public hearing before the Planning &Zoning Commission shall be held on each complete application received by the Commission within four months of receiving the complete application.
2. Notice for the public hearing shall be given as set forth in Idaho Code Section 67-6516.
3. The Planning & Zoning Commission shall determine whether the proposal conforms to the variance criteria set forth in Section 12.02. Based on its determination, the Planning & Zoning Commission shall approve or deny the application for the variance.
4. The Planning & Zoning Commission shall announce its decision and approve findings of fact and conclusions of law within forty days of closing the public hearing. A copy of the signed findings of fact and conclusions of law will be mailed to the applicant within 48 hours of them being signed.
12.03 EFFECTIVE DATE
No variance shall become effective nor shall any building or installation permit be issued until the 15-day appeal period has elapsed or until the City Council has made a decision upon appeal.
12.04 EXPIRATION OF A VARIANCE
A variance shall expire if the structure allowed by the variance is not physically established within one year of the effective date.
Section 13 Permits
13.01 A permit may be issued by the City Clerk for the construction, alteration, repair, or removal of any structure. When applying for a building permit, the owner shall present a verification of survey stakes or a resurvey. He shall also show the present or future location of the garage and access drive. The City clerk may require the applicant to submit a plan showing the proposed construction, alteration or improvement and all other information pertinent to the proposed project. A fee as set by the state shall accompany each application for a permit.
Section 14 Special Use Permits
To comply with the purposes of this ordinance, specific land uses within a particular zone require special consideration prior to their being permitted in that zone. These conditional uses must be reviewed and approved by the Planning & Zoning Commission prior to initiation or development. This review shall determine the compatibility of the proposed use with the surrounding area and particularly with permitted uses in that zone. The approval may provide specific conditions which ensure that the proposed use will be compatible with the permitted uses. The listing of a particular use as a conditionally permitted use does not give the property owner a property right in that use.
14.01 APPLICATION
Application for a conditional use permit shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the Planning & Zoning Commission shall be submitted to the Commission prior to the scheduling of a public hearing.
14.02 PERMIT CRITERIA
1. A conditional use permit shall be granted if the Commission finds that the proposed use conforms to each of the following criteria:
A. The use is not detrimental to the health or safety of those in the surrounding area and will not otherwise adversely affect permitted uses or the enjoyment of such uses in that zone to any greater extent than a permitted use in that zone.
B. The use will not require facilities or services with excessive costs to the public.
C. The use is not in conflict with the goals and policies of the Comprehensive Plan.
D. Neighborhood compatibility must be proven. Any proposal which radically or adversely affects the density, typical pattern of development or style of housing will not be permitted.
2. The Commission shall have the authority to set an expiration date for any conditional use permit so long as the reasons for such are included in their findings of fact and conclusions of law.
14.03 PUBLIC HEARINGS AND PROCEDURES
A public hearing before the Planning & Zoning Commission shall be held on each complete application received by the Planning Department within four months of receiving the complete application. In the event that the applicant does not want a hearing to be held within this four month period, at the end of the four month period the application will be returned to the applicant, with a refund of 80% of the application fee if the hearing has not been noticed. The applicant can withdraw an application at any time, with a refund of 80% of the application fee if the hearing has not been noticed.
2. Notice for the public hearing shall be given as set forth in Idaho Code Section 67-
6512(b).
3. The Commission shall determine whether the proposal conforms to the permit
criteria set forth in Section 14.02. Based on its determination, the Commission may approve or deny the application for the permit.
4. The Commission may require such changes or impose such reasonable conditions for the proposed use which are in its judgment necessary to ensure conformity with Section 14.02. Each approved permit shall conform to the specifications of the proposal except as explicitly modified by the Commission. Special use permits may be temporary so that the period of approval for a particular use is limited.
5. The Commission shall approve findings of fact and conclusions of law and notify the applicant of its decision within forty days of closing the public hearing.
14.05 EFFECTIVE DATE
Section 15 APPEALS PROCEDURE
All final decisions of the Planning and Zoning Commission for Variances and Special Use permits may be appealed by an applicant or affected party who is dissatisfied with a decision within 15 days after the decision is made. The written appeal stating the issues shall be submitted to the City Council. A vote of three fifths (3/5) is required to decide the question appealed.
Section 16 APPLICATION OF ORDINANCE HELD TO MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this Ordinance, the provisions hereof shall be held to the minimum requirements adopted by the City Council for the promotion of the health, safety, and morals of the city and to promote the general welfare
Section 17 EXISTING AGREEMENTS NOT ALTERED
It is not intended by this ordinance to alter or change any existing agreement between parties where this ordinance imposes a greater restriction upon the height of buildings or requires larger lots or yards than are imposed or required by existing permits, easements, covenants, or agreements, but where there is such variation, then this ordinance shall be liberally construed to promote the best interest and welfare of the public.
Section 18 CERIFICATE OF INSPECTION REQUIRED
No building here after erected or altered shall be occupied, used, or changed in use until a certificate of inspection shall be issued by the City’s Building Inspector stating that the building or proposed use of the building complies with the building requirements of the city and the provisions of this Ordinance.
Section 19 LIVESTOCK AND PASTURE STANDARDS
19.01. Purpose.
The purpose of this article is to provide standards for the keeping and raising of livestock. It is the intent of this section to encourage the use and protection of agricultural lands, maintain and enhance the city’s rural lifestyle and minimize potential adverse effects on adjoining property from the establishment of incompatible uses relating to the keeping and raising of animals. The city of Juliaetta recognizes and supports the right to maintain livestock in a manner consistent with accepted customs and standards in the Agriculture district, and with a conditional use permit, the Residential district. The city of Juliaetta has determined that inconveniences or discomforts with farming activities shall not be considered a nuisance if operations are consistent with accepted customs and standards and the code sections set forth below.
19.02 Definitions.
Animal rights means the ability to keep a specific number and type of livestock or poultry on a piece of property because of it being allowed by the zoning, authorized by a conditional use permit, or as a historic, legally established and continuously maintained nonconforming use.
Cleaning means the removal of manure from stalls or pens, stockpiling of manure, composting of manure, tilling manure into fields or hauling the manure off site.
Corral means an outdoor stall.
Dry lot means an area of property upon which no forage is present for feeding. Dry lots shall be at least nine hundred (900) square feet with a minimum dimension of ten (10) feet. Dry lots shall not be partitioned into less than nine hundred (900) square foot areas. Dry lots are a place of temporary containment for convalescing animals, animals being worked, or animals given regular exercise on a different location of the property.
Farming means the raising and harvesting of crops; feeding, breeding and management of livestock; growing and harvesting of timber; dairying; or any other agricultural or horticultural use or any combination thereof. It includes the construction and use of dwellings and other structures customarily provided in conjunction with farming and further includes the disposal, by marketing or otherwise, of products produced on the premises. Standards for the keeping of livestock in a zone in which farming is permitted shall be the same as the standards for the keeping of livestock under a conditional use permit.
Feedlot means a property which does not have sufficient livestock area or animal rights for the number of livestock and poultry on-site, whereon livestock is confined for any period of time, for the primary purpose of feeding prior to sale. Feedlot does not include the raising, feeding and keeping of livestock by children residing on the property for the purpose of participation in educational programs such as 4-H.
Livestock is a generic term and includes all cattle or animals of the bovine species; all horses, mules, burros and donkeys or animals of the equine species; all goats or animals of the caprine species; pigs or other members of the porcine species; all sheep or animals of the ovine species; all poultry; llamas and alpacas.
Livestock area means pasture, corrals, dry lots, feedlots and other property including buildings available and used by livestock. Livestock area size shall be determined by taking the gross parcel size, and any leased area, and excluding therefrom the minimum residential lot size required by the zoning classification and any other properties not in regular use by the livestock. Livestock area shall not be reduced by the minimum lot size required by the zoning classification when a residential structure has not been constructed on the property.
Pasture means an area of property whereon forage for the type of livestock being grazed or otherwise confined is sustained over the entire area on a continual basis except for when the pasture is being rotated, plowed or replanted.
Stall means a compartment for one animal in a stable or barn. The minimum stall size is ten (10) feet by ten (10) feet.
19.03. Allowed number of animals.
Farming includes the keeping of livestock. Where the keeping of livestock is permitted outright or as conditional use in a residential zone, the following standards shall apply:
(a) Horse and cattle. One (1) head for the first one-half (1/2) acre of livestock area and one (1) head for each additional one-third (1/3) acre of livestock area (not including sucklings).
(b) Llamas. Two (2) llamas for the first one-half (1/2) acre of livestock area and four (4) llamas for each additional acre of livestock area (not including sucklings).
(c) Sheep, goats and alpacas. Five (5) head of sheep for the first one-half (1/2) acre of livestock area and ten (10) head of sheep for each additional acre of livestock area (not including sucklings). Five (5) head of female or castrated male goats or alpacas, or any combination thereof, for the first one-half (1/2) acre of livestock area and ten (10) head for each additional acre of livestock area. The keeping of uncastrated male goats in a residential zone is not permitted.
(d) Poultry. All poultry must be confined on-site. Only one (1) rooster is permitted for each one-half (1/2) acre of livestock area.
(e) The keeping of swine in a residential zone is prohibited.
(f) Standards for the keeping of animals, other than those listed, shall be set by the Planning and Zoning Commission following consultation with appropriate advisors.
(g) The standards above may be exceeded for a three (3) month period for a suckling when it is slow to mature to market weight and needs to be kept with its mother.
(h) Animals shall be kept in such a manner as to not constitute a nuisance with respect to neighboring properties.
(i) Grandfathered animal rights. For properties that do not have sufficient livestock area for a given number and type of livestock or poultry as required by this section, a determination that animal rights exists will be made upon demonstrating that the property has been consistently used for animals from 2003 to present, the number of animals has not increased and the type of animals has not changed. Changes can be made in the number and types of animals that bring the property into closer conformance with the adopted livestock area standards.)
19.04 Pasture Maintenance
(a) Drainage. Positive drainage shall be maintained in all stalls, dry lots and manure storage areas to avoid introducing moisture into areas with manure if possible.
(b) Fencing. Properties with animal rights are to be fenced to keep animals on their owner’s property. The type of animals confined shall determine the appropriate fence materials. Fencing shall be maintained by the owner.
( c) Forage.
( 1) Forage shall be continually present on all areas of property considered to be pasture, unless the pasture is in the process of being replanted.
(2) The person owning the pasture shall be responsible for eliminating noxious weed growth.
(d) Manure clean up.
(1) Stalls and buildings shall be cleaned at least twice per week.
(2) Corrals shall be cleaned at least twice per week except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried.
(3) Dry lots shall be cleaned weekly except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried.
(4) Pastures need not be cleaned when established livestock area/ratios are being complied with. If manure becomes concentrated in a small portion of the pasture it shall be cleaned monthly.
(e) Manure disposal.
(1) Manure may be hauled off site to an approved facility.
(2) Manure may be composted on-site provided the composting area is not located within thirty (30) feet of any property line and manure composting/storage guidelines are being complied with.
( 3) Manure may be spread, tilled, and harrowed into pastures. The pasture area shall be a minimum of one-half (1/2) acre for each two (2) cows or horses being confined on the property. Manure may not be tilled into the soil one hundred (100) feet of a municipal well, or in areas known to have high water table.
(f) Manure storage.
(1) Stockpiled manure storage areas shall not exceed a footprint of five hundred (500) square feet from March through October and eight hundred (800) square feet from November through February and be no greater than six (6) feet high. Stockpiled manure shall be placed a minimum of thirty (30) feet from any property line.
(2) Stockpiled manure shall not be stored for a period of longer than forty-five (45) days during the months of March through October, and sixty (60) days from November through February, weather permitting
19.05. Conditional use permit.
(a) Livestock owners who have met all aspects of the standards for livestock and pasture areas for a period of two consecutive years may apply for a conditional use permit to exceed the number of animals allowed by section 19.03 of this code.
(b) The Commission shall determine whether standards have been met after taking into account any evidence the livestock owner submits and any legitimate complaints filed against the livestock owner.
(c) The livestock owner shall have the burden of demonstrating why a greater number of animals is appropriate and will not unduly impact neighboring property owners.
(d) Any conditional use permit approved under this section shall be granted to a specific owner(s) and shall not be transferable or relocatable.
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