IDAHO COUNTY ORDINANCE #61
AN ORDINANCE OF IDAHO COUNTY, STATE OD IDAHO, PASSED PURSUANT TO AUTHORITY OF IDAHO CODE 67-6526, ESTABLISHING PLANS AND ORDINANCES FOR AN AREA OF IMPACT AROUND THE CITY OF GRANGEVILLE.
WHEREAS, Idaho Code 67-6526 requires the governing boards of Idaho County and the City of Grangeville to adopt by ordinance, an area of city impact within the unincorporated area of the county 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 County 67-6526, conferred and negotiated in good faith the geographic area to be included within the area of city impact and the plans and ordinances to be applied in such area of city impact; and,
WHEREAS, Idaho County and the City of Grangeville, in accordance with the procedures required by law, have mutually agree upon an area of city impact for the unincorporated areas of Idaho County around the City of Grangeville; and,
WHEREAS, pursuant to such negotiations, Idaho County has contemporaneously with the passage of this ordinance passed and enacted an ordinance regarding such geographic area of city impact; and,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF IDAHO COUNTY, STATE OF IDAHO, AS FOLLOWS:
IDAHO COUNTY ORDINANCE NO. 61 hereby establishes plans and regulations to be applied in the area of city impact, as defined in Idaho County ordinance No. 61.
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.
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 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 as 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. Water and Sewer:
- Water: Residents within the Area of City Impact shall not construct a well on their property unless a variance is granted as outlined in Section 9 of this ordinance. Residents within the Area of City Impact shall not be required to hook up to the City of Grangeville water system. If the resident desires to hook up to said system he must contact the City of Grangeville to obtain approval form the City.
- Wellhead Protection Plan: The County agrees to adopt the attached Wellhead Protection Plan, which is Exhibit”C.”
- Deep Well Ordinance: The County agrees to adopt the attached Deep Well Ordinance, which is Exhibit “D.”
- Sewer: All Area of City Impact residents are free to construct septic tanks or drain fields within the Area of City Impact. There shall be no requirement of a variance in order to construct said septic tank or drainage field. However, there may be requirements or restrictions imposed by the local Health Department. Area of Impact residents shall contact the local Health Department for information regarding any possible restrictions or requirements.
- Existing Wells: Property owners served by an existing domestic water well as of May 1, 2010, are not required to obtain a variance. They are allowed to keep and operate their existing wells on their property. However, a variance is required if: 1) the existing well is no longer used to provide domestic water for the property under circumstances consistent with abandonment of the well. Abandonment is defined as no use for one year or more, or 2) any new structure or dwelling intended or used for continuous or periodic habitation, occupancy or use requiring or using water by human beings is constructed or place on the property on or after May 1, 2010. Nothing in this subsection shall be deemed to require a variance in the event a domestic water well is not being utilized on a temporary basis due to repairs or maintenance of the well or water delivery system. “Temporary basis” shall be defined as less than one year. Such repairs and maintenance shall not include digging the well deeper.
- Nothing in their ordinance is intended to or shall limit or impair any authority of the City Of Grangeville as may be provided by law as the owner and operator of municipal water, sewer and storm sewer systems. Nothing in this ordinance shall require the City to incur any debt or make any additions or modifications to it municipal systems, including but not limited to extending service lines or adding service capacity, of the purpose of providing municipal water or sewer within the Area of City Impact.
- Cross-connections Prohibited: No person shall cause, permit or suffer any private water source or system on the person’s property to be connected or cross=connected to the Grangeville Municipal water system without first obtaining the approval of the City. In addition to all other authority of the City recognized or authorized under this ordinance, the City may refuse to permit connection or may discontinue any connection to the municipal water system in the Area of City Impact if it finds the connection poses an unreasonable risk of cross-connection or contamination of the municipal water system from a private water source or system.
Section 5. 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 the Plan.
- 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.
- Prior to making a change of existing land use to a materially different use, including but not limited to maintenance of domestic livestock, and if such new use is inconsistent with the extended zoning classification applicable to the property, the land owner shall first make application to the city of Grangeville for an advisory opinion to permit modification of the land use inconsistent with what zoning in the area would be. The City shall make a recommendation to Idaho County concerning approval, denial or modification of the application, including any recommended conditions for approval. Final approval or denial of the application, and any conditions for approval of the application shall be made by Idaho County in the manner provided in Section 9 of this ordinance.
1) A change from on agricultural use to another agricultural use which does not adversely, financially, or environmentally impact a neighboring city zone in a material and significant way shall not be considered material under this section.
2) If there is a question as to what zone any land will be subject to, an applicant shall apply to the City of Grangeville for an advisory opinion on that issue prior to making any variance application.
Section 6. Subdivision Standards and Ordinances: any person proposing a subdivision within the Area of City Impact must apply for annexation with the City of Grangeville. This may include purchasing additional property to make annexation legal. If the City of Grangeville refused to annex the planned development area then the county subdivision ordinance shall apply.
Section 7. Fire Protection: The existing agreement between the Grangeville Rural Fire Protection District and the City of Grangeville shall remain in full force and effect, and be applicable to the Area of City Impact, based upon the current agreement and any amendments thereto.
Section 8. 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 requiring on member of the Planning and Zoning Commission that physically resides or owns real estate within the Area of City Impact, who shall be a complete voting member of the Grangeville Planning and Zoning Commission thereafter.
- The Impact Area member to be appointed to the Grangeville Planning commission shall be a person recommended to the mayor and city council by the Idaho County Commissioners.
Section 9. Variances and Waivers: Except as otherwise provided in this ordinance, all applications for variances or waiver of any provision of this ordinance shall first be submitted to the City of Grangeville for recommendations. The City of Grangeville shall issue in writing an advisory opinion concerning approval or denial of the application, including any recommended conditions for approval. Final approval or denial of the application shall be made by Idaho County following a public hearing with a transcribable record, with notice to all affected parties, including the City of Grangeville. Notice of hearing shall be given by certified mail or personal service to the City and to all landowners within three hundred feet (300′) of the subject property, and by publication of the notice in the “Idaho County Free Press” on one occasion at least fifteen (15) days prior to the time set for the hearing. Final decisions on applications shall be in writing and made in accordance with Idaho Code 67-6535.
Section 10. Enforcement – Fees – Violations: Idaho County shall be responsible for the enforcement of the ordinances applicable in the Area of City Impact. Idaho County may establish fees for all applications and proceedings, including costs of publication, provided under this ordinance. Any person violating any prohibition of this ordinance shall be guilty of a misdemeanor, and shall be punishable by a fine not to exceed five hundred dollars ($500.00), or six (6) months in jail, or both.
Section 11. Renegotiation: The Area of City Impact may be reviewed and renegotiated at any time upon the request of either Idaho County or the City of Grangeville.
Section 12. This ordinance shall be effective upon its passage, approval and publication as required by law.
Section 13. This ordinance is servable, and in the event any portion of this ordinance is deemed unenforceable under the law for any reason the remaining portions of the ordinance not so affected shall remain in full force and effect.
Section 14. All other ordinances, or portions thereof, in conflict with this ordinance are hereby repealed.
DATED this 14th day of September, 2010.
BOARD OF IDAHO COUNTY COMMISSIONERS
By R. SKIP BRANDT, Chairman
JIM REHDER, Commissioner
JAMES ROCKWELL, Commissioner
Attest: ROSE GEHRING, clerk.
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