ORDINANCE NO. 642
AN ORDINANCE OF THE CITY OF FILER, IDAHO AMENDING TITLE 9 ZONING REGULATIONS, CHAPTER 13, AREA OF CITY IMPACT; REPEALING AND REPLACING IN ITS ENTIRETY TITLE 9, ZONING REGULATIONS, CHAPTER 13, AREA OF CITY IMPACT; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.
WHEREAS, the Mayor and City Council find that the amendment of Title 9, Chapter 13, of the Filer City Code will further the public health, safety and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FILER, IDAHO, AS FOLLOWS:
SECTION 1. That Title 9, Chapter 13 of the code of the City of Filer, is hereby repealed in its entirety and replaced with the following:
CHAPTER 13
SECTION:
9-13-2: STANDARDS
9-13-3: GOVERNING PLAN, POLICIES, AND ORDINANCES
9-13-4: ADMINISTRATION OF THE FILER AREA OF CITY IMPACT
9-13-5: ENFORCEMENT WITHIN THE FILER AREA OF CITY IMPACT
9-13-6: ANNEXATION
9-13-7: RENEGOTIATION OF THIS CHAPTER
9-13-1: FILER AREA OF CITY IMPACT BOUNDARY: The agreed upon area of city impact for the city of Filer is established and set forth herein and described as: the current adopted Filer Zoning/Area of City Impact map, adopted per Filer Ordinance No. 638, dated 11-01-2022 and the Filer Comprehensive map, adopted per Filer Resolution No. 646, dated 11-01-2022 or as herein after modified by the City of Filer and Twin Falls County (“Area of City Impact”).
9-13-2: STANDARDS:
The following standards shall apply whenever an agency, planning and/or zoning commission, hearing examiner, or governing body of the city of Filer or Twin Falls County considers a zone change, comprehensive plan change or request of any real property, planned unit development, vacations, rezones, special use permits, variances, and other such land use permit applications within the Filer Area of City Impact which is subject to this ordinance:
A. The city of Filer Comprehensive Plan;
B. The zoning and subdivision regulations set forth in Title 9 and 10 of the Filer City Code;
C. Except as set forth above, all other applicable standards set forth in this code; and
D. Except as set forth above, all other standards for any subdistricts or overlay districts applicable within the Area of City Impact.
9-13-3: GOVERNING PLAN, POLICIES, AND ORDINANCES:
A. Governing Plan: The City of Filer Comprehensive Plan, Comprehensive Plan Land Use Map, Zoning Districts Map, Area of Impact Map, and Titles 9 and 10 of the Filer City Code shall comprise the governing plan and ordinance for the Filer Area of City Impact except as provided in subsection 9-13-3 (B) below.
B. Within the Area of City Impact, any parcel of land used solely for agricultural uses and in excess of 20 acres may continue said use until a change of use occurs.
9-13-4: ADMINISTRATION OF THE FILER AREA OF CITY IMPACT:
A. Administration:
1. The Board of Commissioners of Twin Falls County hereby appoints and authorizes the Twin Falls County Community Development Services Director, its agents and employees, to enforce and administer the provisions of Titles 9 and 10 of the Filer City Code and to charge and collect fees for such administrative duties as adopted by reference herein for the Area of City Impact.
B. Commission:
1. The Board of Commissioners of Twin Falls County hereby appoints the Twin Falls County Planning and Zoning Commission to administer Titles 9 and 10 of the Filer City Code in the Area of City Impact.
2. All applications for subdivision of any real property, planned unit development, vacations, rezones, special use permits, variances, and other such land use permit applications shall be submitted to the Twin Falls County Community Development Services Director to process prior to submittal to the Twin Falls County Planning and Zoning Commission. All applications for subdivision of any real property, planned unit development, vacations, and rezones, shall be submitted to the Twin Falls County Planning and Zoning Commission for their consideration. The Board of County Commissioners of Twin Falls County may approve, deny, or remand an application that has been appealed to them. Twin Falls County shall provide the city of Filer with notice and an opportunity to provide comments on these applications no less than 30 days prior to any Public Hearing before the Twin Falls County Planning and Zoning Commission or the Board of County Commissioners
9-13-5: ENFORCEMENT WITHIN THE FILER AREA OF CITY IMPACT
A. Twin Falls County shall be responsible for the administration and enforcement of the city of Filer ordinances listed in subsections 9-13-2 A through D of this ordinance within the Area of City Impact and shall collect and receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications, any development fees or other costs arising from fulfilling the terms of each ordinance or regulation.
B. Building Code Enforcement Program: The Board of Commissioners of Twin Falls County hereby appoints and authorizes the Twin Falls County Community Development Services Director to contract, subject to Board approval, with a public or private entity to administer the County building code enforcement program within the Filer Area of City Impact pursuant to Idaho Code § 39-4116.
9-13-6: ANNEXATION:
A. Annexation by the City of Filer shall be compliant with Idaho Code §§67-6509, 67-6526 and 50-222. Upon annexation, the provisions of this article, which is the agreement between the city of Filer and Twin Falls County, shall no longer apply to the annexed area.
B. The City of Filer shall send notice of all annexations, de-annexations, amendments, changes and updates to Title 9 of the Filer City Code and the Comprehensive Plan along with maps to the Twin Falls County Community Development Services office.
C. All applications and requests to Twin Falls County for subdivision of any real property, planned unit development, vacations, rezones, special use permits, variances, and other such land use permit applications and public notices within the Filer Area of City Impact shall be provided to the city of Filer with notice and an opportunity to provide comment on these applications no less than 30 days prior to any Public Hearing before the Twin Falls County Planning and Zoning Commission or the Board of County Commissioners.
9-13-7: RENEGOTIATION OF THIS CHAPTER:
A. Renegotiation: The Area of City Impact may be reviewed and renegotiated at any time upon written request of either party hereto. In any event, pursuant to Idaho Code §67-6526(e), the city and the county shall review the agreement every ten (10) years.
B. While renegotiation is occurring, all provisions of this chapter shall remain in effect until this chapter is amended or a substitute ordinance is adopted by the city of Filer and Twin Falls County, in accordance with the notice and hearing procedures provided in title 67, chapter 65 of Idaho Code, or until declaratory judgment from the District Court is final pursuant to Idaho Code §67-6526(b). Provided, however, that this chapter or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted ordinance.
C. Repeal of Conflicting Provisions: All ordinances and code sections or parts thereof in conflict with this subsection are hereby repealed.
SECTION 2. Repealer Clause. All Ordinances and Resolutions or parts thereof in conflict herewith are hereby repealed and rescinded.
SECTION 3. Severability Clause. If any section, paragraph, sentence or provision hereof or the application thereof to any particular circumstances shall ever be held invalid or unenforceable, such holding shall not affect the remainder hereof, which shall continue in full force and effect and applicable to all circumstances to which it may validly apply.
SECTION 4. Effective Date. This Ordinance shall be in full force and effect after its passage, approval and publication according to law.
PASSED AND ADOPTED BY THE FILER CITY COUNCIL and approved by the Mayor this ___ day of January, 2023.
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Robert Templeman, Mayor
ATTEST:
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Emily Daubner, City Clerk