Ordinance #77: Amending Ordinance #27
CITY OF GEORGETOWN, STATE OF IDAHO
ORDINANCE No. 77
AN ORDINANCE OF THE CITY OF GEORGETOWN A MUNICIPAL CORPORATION OF IDAHO, AMENDING PROVISIONS OF CITY ORDINANCE 27; PROVIDING FOR AMENDING SECTION V(1)(H)(2) TO REMOVE THE 300 FOOT PROHIBITION OF ANIMALS FROM A DWELLING; AMENDING SECTION X TO ALLOW ANIMALS TO BE WITHIN 50 FEET OF THE OWNERS RESIDENCE; AMENDING THE DEFINITIONS TO INCLUDE PASTURING AND CORRALING; AND GRANDFATHERING NON-CONFORMING USES; THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW, THE RULE REQUIRING THAT AN ORDINANCE BE READ ON THREE SEPARATE OCCASIONS HAVING BEEN DISPENSED WITH.
WHEREAS, Ordinance 27 was passed in 1957, and has since never been revised or amended; and
WHEREAS, there are provisions which are out of date; and
WHEREAS, a public hearing before the City Council being held on December 10, 2009, notice of said hearing being provided pursuant to Idaho Code; and
WHEREAS, after public comment being heard it being determined that amending Ordinance 27 as provided is in the public good;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GEORGETOWN; STATE OF IDAHO AS FOLLOWS:
Section 1: That Section V, (1) (H) (2) be amended to remove, the following language as indiciated:
No cows or horses shall be kept within a distance of fifty (50) feet from any street line, nor within a distance of three hundred (300) feet from any dwelling other than a dwelling on the parcel of land on which the same are kept, nor within a distance of fifty (50) feet from any dwelling.
Section 2: That Section X shall be amended as follows:
No animals or fowl, which are allowed to be kept under the provisions of this ordinance shall be kept or maintained closer than fifty (50) feet to any dwelling, except the dwelling of the owner of said animals or fowl, or for purposes of pasturing as defined in this Ordinance.
Section 3: That Section IV shall be amended to include the following definitions:
47. Pasturing: Is the process of placing horses, sheep, or cattle to graze in any enclosure, for the purpose of grazing and feeding from natural vegetation; and
48. Corralling: Is the enclosure of horses, sheep, cattle, or other animals for the purpose of confining said animals, and providing feed from an outside source.
Section 4: Any use existing at the time of passage of this amendment which, due to construction by an adjoining land owner, would result in a prohibited use will be allowed to continue, as a nonconforming use. However, if said use is discontinued for one year, said use may not be resumed if it is otherwise nonconforming.
Section 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.
Section 6: One half (1/2) plus one (1) of the members of the full council agree to dispense with the rule requiring the reading of this ordinance on three (3) separate occasions.
Section 7: If any portion of this ordinance is determined by a Court of competent jurisdiction to be invalid or unenforceable, all other provisions of this ordinance shall remain in full force and effect.
PASSED AND APPROVED by the Mayor and the City Council of the City of Georgetown, Bear Lake County, Idaho, this 10th day of December, 2009.
Albert Johnson, Mayor
Marty Nate, City Clerk