ORDINANCE NO. 2007- 5
AN ORDINANCE OF THE CITY OF PONDERAY, IDAHO, SETTING FORTH ITS AUTHORITY AND AMENDING TITLE 11, PONDERAY CITY CODE BY PROVIDING NEW DEFINITIONS FOR SCHOOLS AND PRESCHOOLS, ALLOWING AS A PERMITTED USE BED AND BREAKFASTS WITHIN THE RURAL AND RESIDENTIAL ZONES, CREATING A SETBACK FOR RENTAL WAREHOUSES AND MINI STORAGES FROM ARTERIALS WITHIN THE COMMERCIAL AND INDUSTRIAL ZONES, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Idaho Code, Title 67, Chapter 65, provides for the adoption of procedures for the review and processing of permits, for the adoption of standards, and for the enforcement of ordinances and regulations; and,
WHEREAS, Ponderay has updated its comprehensive plan land use component and map as of June 6, 2005, and has adopted revised goals, objectives and policies as of June 6, 2005; and
WHEREAS, the Ponderay Planning and Zoning Commission has held a series of public workshops in an attempt to reduce inconsistencies within Titles 10 and 11 of the Ponderay City Code; and,
WHEREAS, the Ponderay Planning and Zoning Commission did hold a public hearing May 9, 2007, and did recommend approval of the amendment to the City Council; and,
WHEREAS, the Ponderay City Council did hold a public hearing June 4, 2007.
NOW, THEREFORE BE IT ORDAINED by the City Council of Ponderay, Idaho that the following be and is hereby adopted as an ordinance of the City of Ponderay:
SECTION 1: AUTHORITY.
This Ordinance is adopted pursuant to the authority granted at Chapter 65, Title 67, Idaho Code, and pursuant to the procedural requirements contained at Section 67-6509, Idaho Code.
SECTION 2: A new subsection 11-307(c) (2) of the Ponderay City Code, to read as follows: 11-307(c) (2) Golf courses and other athletic facilities
SECTION 3: Section 11-302(74) shall be amended to read as follows: School- - An institution of learning, whether pubic or private, teaching children from K-12. Colleges, universities, pre-schools and trade schools are excluded from this definition.
SECTION 4: Section 11-302(59) shall be amended to read as follows: Pre-school— A school or organized program for the care and/or instruction of pre-school children under the age of seven years, whether public or private.
SECTION 5: A new subsection 11-305(d) (4) of the Ponderay City Code, to read as follows: Bed and Breakfasts
SECTION 6: A new subsection 11-304(c) (8) of the Ponderay City Code, to read as follows: Bed and Breakfasts
SECTION 7: Section 11-304(7) shall be amended to read as follows: School, Pre-schools, Day Care Centers, Colleges and Universities.
SECTION 8: A new subsection 11-305(c) (9) of the Ponderay City Code, to read as follows: Schools
SECTION 9: Section 11-306(c)(8) shall be amended to read as follows: Rental Warehouses and mini-storages, provided the location is three-hundred (300) feet or farther from the centerline of the nearest arterial as defined under Section 11-302(10).
SECTION 10: Section 11-307(d)(6) shall be amended to read as follows: Rental Warehouses and mini-storages, provided the location is three-hundred (300) feet or farther from the centerline of the nearest arterial as defined under Section 11-302(10).
SECTION 11: SEVERABILITY
The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
SECTION 12: EFFECTIVE DATE
This ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee Newspaper.
Regularly considered, passed and approved as an ordinance of Ponderay, Idaho, done this 4th, day of June, 2007, upon roll call vote:
Jessie E. DeMers
Mayor of the City of Ponderay
ATTEST:
Nancy B. Piatt, City Clerk
Legal SNP 8721
June 8, 2007