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34. Grangeville Area of Impact Ordinance (Amended by Ord. #41)

Idaho County Ordinance No. 34 (Amended in Ord # 41)
An ordinance of Idaho County, State of Idaho, passed pursuant to authority of Idaho code 67 — 6526, adopting Grangeville city ordinance No. 674, establishing area of impact around the city of Grangeville.
Whereas, Idaho code §67 — 6526 requires the governing boards of Idaho County and to the city of Grangeville to adopt by ordinance, around the city of Grangeville, and plans and ordinances to be applied in such area of city impact; and,
Whereas, Idaho County and the city of Grangeville have, pursuant to Idaho code §67 –6526, conferred and negotiated in good faith and geographic area to be included with an area of the city impact as the plan and ordinances to be applied in such area of the city impact; and,
Whereas, Idaho County of the city of Grangeville, in accordance with the procedures required by law, have mutually agreed upon area of city impact for the unincorporated areas of Idaho County around the city of Grangeville, have mutually agreed upon area of city impact; and,
Whereas, pursuant to such negotiations, the city of Grangeville is passing and enacting a Grangeville City Ordinance No. 674 regarding such area of city impact; and,
Whereas, Idaho County and city of Grangeville desire to have their ordinances read as nearly as identical to others;
Now, therefore be ordained by the commissioners of Idaho County and to the state of Idaho as follows;
Idaho County adopts Grangeville city ordinance no .674, as Idaho County ordinance no. 34, attached hereto as exhibit “A” thereby establishing an area of city impact within the unincorporated area of Idaho County are a city of Grangeville, and plans and ordinances to be applied in such area of city impact.
This ordinance is enacted by Idaho County, State of Idaho on this 24 day of April, 1995.
George Enneking, Chairman
Idaho County commissioners
Recorded at 55 minutes past 8O’clock AM
This 25 day of April, 1995
Rose E. Gehring recorder
By Edith L. Anderson
(Publish – May 3, 1995)
GRANGEVILLE CITY ORDINANCE NO. 674
AN ORDINANCE OF THE CITY OF GRANGEVILLE, IDAHO COUNTY, IDAHO, PASSED PURSUANT OT THE AUTHORITY OF IDAHO CODE S67-6526, AS AMENDED; DEFINING AND AREA OF CITY IMPACT FOR THE CITY OF GRANEVILLE, IDAHO, WITHIN THE UNINCORPORATED LIMITS OF IDAHO COUNTY, IDAHO , AND ADOPTION A MAP IDENTIFYING THE AREA OF CITY IMPACT, AND DEFINING THE LEGAL DESCRIPTION THEREOF; DEFINING THE GEOGRAPHIC AREAS OF CITY IMPACT; ADOPTING STANDARDS; PROVIDING FOR THE ENFORCEMENT THEREOF, ESTABLISHING VARIANCE APPROVAL PROCEDURES WITHIN THE AREA OF CITY IMPACT; AND PROVIDING FOR ESTABLISHING PROCEDURES WITHIN THE AREA OF CITY IMPACT; PROVIDING FOR  INITIAL APPLICATION OF ORDINANCE WITHIN THE AREA OF CITY IMPACT AS FOLLOWS: (A) THE GRANGEVILLE CITY SUBDIVISION ORDINANCE; (B) ALL APPLICABLE UNIFORM CODES AND SAFETY CODES THAT ARE IN FORCE IN THE CITY OF GRANGEVILLE AT THE PRESENT TIME, WITH AN EXEMPTION OF PRINCIPALLY AGRICULTURAL BUILDINGS; (C) PROVIDING APPLICATION OF THE IDAHO COUNTY AIRPORT ZONING ORDINANCE, WITH LIMITATIONS’ (D) AND THE ZONING ORDINANCE APPLICABLE THERETO; (E) PROVIDING FOR EH EXISTING CITY REQUIREMENTS RELATING TO CONNECTIONS TO THE GRANGEVILLE WATER AND SEWER SYSTEM; (F) PROVIDING THAT ALL EXISTING AGRICULTURAL LAND USES SHALL BE CONTINUES UNTIL LAND USE IN THAT AREA CHANGES; (G) PROVIDING FOR THE MAINTENANCE OF THE CURRENT FIRE PROTECTION SYSTEM THAT IS IN PLACE; (H) PROVIDING FOR ULTIMATE AUTHORITY OVER LAND USE CHANGES BEING VESTED IN A NEWLY CREATED BOARD MADE UP OF CITY COUNCIL PERSONS AND COUNTY COMMISSIONERS; (I) PROVIDING FOR STANDARDS FOR LAND USE CHANGES THAT DO NOT AMOUNT TO SUBDIVISIONS; (J) PROVIDING THAT THE GRANGEVILLE ICTY PLANNING AND ZONING COMMISSION SHALL BE MODIFIED TO INCLUDE TWO RESIDENTS OF THE PROPOSED AREA OF CITY IMPACT ON THE PLANNING AND ZONING COMMISSION AS SOON AS THEY CAN BE APPOINTED AFTER PASSAGE; PROVIDING FOR TH REPEAL OF ORDINANCES OF PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, pursuant to Idaho Code S67-6526, the city of Grangeville and Idaho County, Idaho have conferred and negotiated in good faith an Area of City Impact for the City of Grangeville within the unincorporated area of Idaho County, Idaho; and,
WHEREAS, the City of Grangeville and Idaho County, Idaho, in accordance with the procedures required by law, have mutually agreed upon an Area of City Impact for the City of Grangeville within the unincorporated limits,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GREANGEVILLE, AS FOLLOWS:
Section 1. Purpose: The purpose of establishing the Grangeville Area of City Impact is to identify an urban fringe area in the unincorporated territory surrounding the City, within which there is potential for development or changes in land use that must be planned in an orderly and compatible manner in order to insure timely and economical provision of public services such as water, supplies, sanitary and storm sewage collection and treatment, public safety services, fire protection , and other community service facilities, and to promote the land use capability, street alignment and traffic flow objectives consistent with orderly growth of the maintenance of appropriate property values at all times.
Section 2. Area of City Impact Defined:   The area of City Impact shall consist of an area where development or land use affects and or may affect the city of Grangeville in consideration of trade areas, geographic factors, and areas that can be reasonably expected to be annexed to the city in the future.
Section 3. Geographic Areas of City Impact Established and Defined:  The officially adopted Area of City Impact is hereby established and is shown on the map entitled, “City of Grangeville Area of City Impact,” which is Exhibit A, and is officially made part hereof by reference. The legal description of that area is attached as Exhibit B, which is likewise incorporated by this reference.
The city of Grangeville Area of City Impact may be reconsidered by the City and Idaho County at such times ad they may agree to consider possible changes in the geographic area affected, and/or other provisions of this ordinance, including, but not limited to, applicable standards and applicable ordinances.
Section 4. Standards and Ordinances: Within the Are of City Impact, the following standards and ordinances shall apply:
1.       The City of Grangeville Subdivision Ordinances shall be applicable. All applicable building codes, including the Uniform Building Code (which includes the Fire Code and Life Safety Code), the Abatement of Dangerous Building Code, and the Uniform Sign Code, which are currently in force in the City of Grangeville shall be applicable to this area
a.       However, within the Impact Area, except where state law applies, buildings which are principally agricultural in nature shall not be subject to the stated City Uniform Codes. This exception shall not apply to dwellings.
b.       The City of Grangeville shall administer the issuance of building permits, and the inspection of nonagricultural buildings and dwellings within the Area of Impact after the effective date of this ordinance.
2.       That, the Idaho County Airport Zoning Ordinance in effect at this time will be maintained and in full force and effect.
a.       The City shall not enact any ordinance without the consent of the County which will in any way affect airport noise, weed regulation, or fuel tank maintenance on the airport.
b.       Any such ordinances hall not conflict with FAA Rules and Regulations.
3.       That, the City of Grangeville Comprehensive Plan shall be extended outward in contiguous directions as the same is now drafted and described. Zoning of the Area of Impact shall be consistent within those areas as would be consistent with that Plan.
a.       Within the Area of Impact, all existing agricultural uses now in existence shall be continued until the land use in that area actually in fact changes.
b.       Upon a change of excising land use to a naturally different use, and if such new use is inconsistent with the potential extended zoning that would be applicable to this area, the land owner must make an application to the planning and zoning commission for permission to modify the land use inconsistent with what zoning in the area would be
1. A changer from one agricultural use to another era cultural use which does not adversely, financially, or environmentally impact in neighboring city zone in a material and significant way shall not be considered material under the section.
2. If there is a question as to what zone in the land will be subject, it Plug-in shall apply to the Grangeville city Council for a determination of that leave prior to making any variation application
(C) Any landowner desiring to use a parcel of land which would be in a variance from what the proposed zoning of the area would be to comply with section 4-4-17 of the Grangeville city code in addition to the submission of the plan to require below in section (D) and (E)
(D) any change of land use which is insufficient to trigger the application of the Grangeville subdivision law and would include a proposed maintenance of domestic livestock, must be submitted to the planning and zoning commission and joined city County Board with a plan proposing at least two acres of land area, and in expected minimum number of domestic livestock for the area, which will not unreasonably interfere with existing contingents city zoning, or constitute a public or private nuisance upon any proposal and use going into effect.
(E) any other land use which does not amount to a subdivision, though which is inconsistent with extended potential zone, must also come initially before the planning and zoning commission and then go before the joint city — County Board, and have permission granted in order to allow such modified land use under the then existing circumstances.
Section 5: Joint City – County Board: There shall be created upon the effective passage of this ordinance and a contemporaneous Idaho County ordinance, a board consisting of six city council persons and the three out of county commissioners, who shall hear and approve potential land-use durations within the area of city impact. Any proposed land-use change must be first submitted to the modified green show planning and zoning commission for action, and then submitted on for final approval to the joint city — County Board. Meetings of the joint city — County Board shall color possible be concurrent with the next regularly scheduled regional city Council meeting. Occurring after the action of the planning and zoning commission, and be acted upon only after actual vote is of such meeting is delivered to the interested land owners.
If a quorum of each board cannot be gathered within 30 days, then, a majority vote of those present shall be sufficient for Board action.
Section 6: That all existing city requirements relating to the connections of the Grangeville water system and the gringo sewer system, or Grangeville storm sewer system that now appears in the Grangeville municipal code shall be a applicable to the area of city impact.
Section 7: Amended planning and zoning commission: upon the effective date of this ordinance, and upon the contemporaneous county ordinance being adopted, pursuant to § 67 — 6526, the city of Grangeville shall modify by appropriate ordinance the makeup of its planning and zoning commission of pointing to a additional members to the planning and zoning commission that physically reside within the area of city impact, we shall be complete voting members of the great toe planning and zoning commission thereafter.
(A)    These impact area members to be appointed to the Grangeville planning commission shall be persons recommended to this mayor and city Council by the Idaho County commissioners
(B)    except as to the area of city impact, the city of Grangeville hereby waives its jurisdiction to enforce his subdivision ordinance, and any area out side the area city impact, pursuant to the provisions of Idaho code §50 — 1306
Section 8: Enforcement: The city of Grangeville shall be responsible for the administration and enforcement of the ordinance applicable in the area of city impact, and it shall receive all permit fees for inspections and building permits, and have the direct cost of inspection and administration, legal publications, and any development fees as from time to time are required by the ordinances or regulations.
Section 9: Fire Protection: the existing agreement between the Grangeville rule fire protection District and the city of Grangeville shall remain in full force and effect, and the applicable to the area of city impact based upon the current agreement and any amendments thereto.
Section 10: Any amendments of ordinances applicable to the area of city impact char require the consent of both the Idaho County commission and the Grangeville city Council in accordance with requirements of Idaho law relating to the passage of ordinances.
Section 11: Renegotiation: The area of city impact may be reviewed and renegotiated at any time upon the request of either the Idaho County or the city of Grangeville.
Section 12: This ordinance shall be effective upon his passage, approval and publication as her part by law.
This ordinance passed under a suspension of the rules requiring three readings on separate at a regular meeting of the city Council polo appointed day of March, 1995.
Terry Vanderwall-Mayor
Attest:
Donna Forsman-City Clerk
CITY of Grangeville
Area of impact
A. Tract of land all in township 30 North, Range 3 East, Boise Meridian more particularly described as follows:
In Section 17
The South ½ of the Northwest ½
The Southwest ¼
In Section 18
The South ½ of the Northeast ¼
The East ½ of the Northwest ¼
The East ½ of the Southwest 1/4 Southwest ¼
The East ½ of the Southwest ¼
The Southeast ¼
In Section 19
The Northeast ¼
The East ½ of the Northwest ¼
The East ½ of the West 1/2 of the Northwest ¼
The East ½ of the West ½ of the Southwest ¼
The Southeast ¼
In Section 20
The West ½ of the West 1/2 of the Northeast ¼
The Northwest ¼
The Southwest ¼
The West ½ of the West ½ of the Southeast ¼
In Section 29
The North ¼ for the Northwest ¼
In Section 30
The North 1/2 of the Northeast ¼
The Northeast 1/4 of the Northwest ¼

The East 1/2 with the Northwest ¼ Northwest ¼

 

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