TITLE 9
AREAS OF CITY IMPACT
CHAPTER 1
BLACKFOOT AREA OF CITY IMPACT
SECTION:
9-1-1: Area Of City Impact Described
9-1-2: Applicability Of Chapter
9-1-3: Subdivision Review Process
9-1-4: Public Utilities
9-1-5: Commercial Development
9-1-6: Amendments
9-1-7: Enforcement
9-1-1: AREA OF CITY IMPACT DESCRIBED:
   A.   The Bingham County Comprehensive Plan text and map and the general Bingham County zoning ordinance and zoning map are hereby amended to include the following described premises as the City impact area for the City of Blackfoot:
Part of Townships 2 and 3 South, Range 35 E.B.M. described as:
Beginning at the intersection of the North Bank of the Blackfoot River and the West line of Section 17, T3S, R35 E.B.M. and running thence North along the West line of Sections 17, 8 and 5 in T3S and continuing North along the West line of Sections 32, 29 and 20 to the Northwest corner of Section 20, T2S, R35 E.B.M.; thence East along the North line of Sections 20, 21, 22, 23 and 24 to the Northeast corner of Section 24, T2S, R35 E.B.M.; thence South along the East line of Sections 24 and 25 to the Southeast corner of Section 25, T2S, R35 E.B.M.; thence West along the South line of said Section 25 to the Northeast corner of the West 1/2 of the West 1/2 of Section 36, T2S, R35 E.B.M.; thence South along the West 1/2 of the West 1/2 of Section 36, T2S, R35 E.B.M. to the Northeast corner of the West 1/2 of the West 1/2 of Section 1, T3S, R35 E.B.M. to the Northeast corner of the West 1/2 of the West 1/2 of Section 1, T3S, R35 E.B.M.; thence continuing South along the West 1/2 of the West 1/2 of Section 1, T3S, R35 E.B.M. to the Southwest corner of said West 1/2 of the West 1/2 of Section 1; thence East along the North line of Section 12, T3S, R35 E.B.M. to the Northeast corner of said Section 12; thence South along the East line of Sections 12 and 13, T3S, R35 E.B.M. to the Intersection point of the North bank of the Blackfoot River; thence Westerly along the North bank of the Blackfoot River through Sections 13, 14, 11, 10, 9, 8 and 17, T3S, R35 E.B.M. to the point of beginning.
   B.   The area of City impact for the City of Blackfoot is further set out on the land use map as Exhibit A on file in the County, and made a part hereof by this reference. (Ord. 2002-08, 9-30-2002)
9-1-2: APPLICABILITY OF CHAPTER:
   A.   Bingham County Zoning Ordinance: With the exception of items discussed below, the planning and zoning ordinance of Bingham County, as amended, shall apply to the impact area.
   B.   Adoption Of City Subdivision Ordinance: The substantive portions of the subdivision ordinances of the City shall be adopted by the County to apply in the area of City impact. The County's procedural requirements and process for granting subdivision approval (as set forth in the County's planning and zoning ordinance, as amended, and the Idaho Code) shall apply to all subdivision applications to be located in the area of City impact. The County shall enforce the substantive portions of the City's subdivision ordinance as it has been made a part of the County planning and zoning ordinances.
   C.   Subdivision Procedure: The County's application and approval process for the granting of subdivision approval shall apply. Nevertheless, to the extent that the subdivision review process outlined in section 9-1-3 of this chapter differs from the County's application and approval process, the procedures detailed in section 9-1-3 of this chapter shall apply. (Ord. 2002-08, 9-30-2002)
9-1-3: SUBDIVISION REVIEW PROCESS:
   A.   Applications: Applications to locate a subdivision within the area of City impact shall be made to the appropriate County agency pursuant to the County's planning and zoning ordinance, as amended.
   B.   Application Fees: Fee requirements of the County shall apply to applications to locate a subdivision within the area of City impact.
   C.   Referral Of Applications By County To City: Within three (3) days after filing of the application, the County shall forward a copy of the subdivision application to the City.
   D.   Review Of Application By City: The City's Engineering Department shall review the application and forward comments and recommendations to the County Planning Office within thirty (30) days of receipt of the application. The County Planning and Zoning Administrator, or designee, shall be invited to attend such review meeting.
   E.   County Review: Upon receiving comments and recommendations from the City, the County shall review the application pursuant to the procedures outlined in the County's planning and zoning ordinance, as amended.
   F.   Public Hearings: The County shall give written notice to the City of all public hearings held with respect to the application. The City may attend any public hearings as an interested party.
   G.   Review By City Of Preliminary And Final Plats: Prior to approval by the County of preliminary or final plats, the City's Engineering Department shall hold a review meeting and make formal written comments and recommendations to the County. The County Planning and Zoning Administrator, or designee, shall be invited to attend such review meeting.
   H.   Final Approval By County: The County Planning and Zoning Commission and the Board of County Commissioners, in considering a proposed application, preliminary plat or final plats shall give due regard to the comments and recommendations of the City.
   I.   Findings Of Fact And Conclusions Of Law: All findings of fact and conclusions of law made by the County with respect to any application shall be in writing and forwarded to the City.
   J.   Appeals: Appeals of the decisions of the County shall be handled pursuant to the County's planning and zoning ordinance, as amended, and applicable State laws. The City, as an interested party in the development of the City impact area, shall have standing to appeal such decisions. (Ord. 2002-08, 9-30-2002)
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