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RESOLUTION NO. 93-03 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE APPROVAL OF AN AREA OF CITY IMPACT AGREEMENT WITH LATAH COUNTY AND AUTHORIZING THE MAYOR'S SIGNATURE ON THE AGREEMENT. WHEREAS, the "Local Planning Act of 197511 as enacted by the Idaho Legislature requires adoption of an "area of city impact" around each city; and WHEREAS, Latah County and the City of Moscow have not, in the past, been able to agree on the boundaries or applicable regulations for an area of city impact; and WHEREAS, Latah County and the City of Moscow have convened a joint committee, pursuant to Section 67-6526 to recommend an area of city impact to the governing boards of the two entities; and WHEREAS, Latah County and the City of Moscow deem it in the public interest that development occurring in close proximity to Moscow conform to City regulations. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: That the agreement set forth in Exhibit attached hereto and made a part hereof, is hereby approved by the City council, and the Mayor is hereby authorized to sign said agreement. ADOPTED by the Council and APPROVED by the Mayor this J.2.L day of February , 1993. ATTEST: AREA OF CITY IMPACT RESOLUTION ---PAGE BREAK--- EXHIBIT MOSCOW AREA OF CITY IMPACT AGREEMENT / This AGREEMENT, dated this day of(---y)/rylAJ_ tl!vJJ 1993, by and between LATAH COUNTY, a government subdivision of the State of Idaho and the CITY OF MOSCOW, a municipal corporation of the State of Idaho, provides for an area of City Impact around the City. WITNESSETH WHEREAS, the "Local Planning Act of 1975" as enacted by the Idaho Legislature requires adoption of an "area of city impact" around each city; and WHEREAS, Latah County and the City of Moscow have not, in the past, been able to agree on the boundaries or applicable regulations for an area of city impact; and WHEREAS, Latah County and the City of Moscow have convened a joint committee, pursuant to Section 67-6526 to recommend an area of city impact to the governing boards of the two entities; and WHEREAS, Latah County and the City of Moscow deem it in the public interest that development occurring in close proximity to Moscow conform to City regulations; NOW THEREFORE, the City of Moscow and Latah County hereby agree as follows: SECTION 1. AREA. This agreement shall affect the unincorporated area of Latah County within the following sections: Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22 and 30 Township 39 North, Range 5 West, B.M.; Sections 1, 12, 13 and 24, Township 39 North, Range 6 West, B.M.; and Sections 31, 32 and 33, Township 40 North, Range 5 West, B.M. A map of this Area, attached as Exhibit A, is hereby incorporated as a part of this agreement by reference. Area of City Impact Agreement 1 ---PAGE BREAK--- SECTION 2. DEFINITIONS. The following words when used herein shall have these meanings: Ar.e.a shall mean City of Moscow's Area of City Impact; Board shall mean Board of Latah County Commissioners; .Qll shall mean City of Moscow; and County shall mean Latah County. SECTION 3. GOVERNING PLAN AND ORDINANCES. 3.01 The City's Comprehensive Plan, Zoning, Subdivision, and Mobile Home Park Ordinances shall be adopted by the County for the area described above. No amendments of the Plan or Zoning, Subdivision and Mobile Home Park Ordinances in the Area shall be effective until adopted by the City as required by its ordinances and thereafter by the County. 3.02 The City shall adopt a wne similar to the County's Agriculture-Forestry wne; said wne shall be substantially the same as shown in Exhibit B which is attached and made a part of this agreement by reference. Within the Area, the City may not initiate the rezone of any parcel over 20 acres which is presently zoned for agriculture unless the consent of the property owner is given. SECTION 4. ADMINISTRATION OF THE AREA OF CITY IMPACT. 4.01 The Board, by ordinance, shall authorize the City to administer the governing plan and ordinances for the Area and the Board shall thereby grant decision-making authority to the City Planning and Zoning Commission, City Board of Adjustment and the City Council. The Board shall also authorize the City to issue all zoning, subdivision, and mobile home park permits required by the adopted regulations, and to charge and collect fees for all administrative duties (not in excess of those charged in the City). 4.02 All zoning, subdivision and mobile home park applications in the Area shall be processed by the City in accordance with the application and appeal procedures of the adopted ordinances. Area of City Impact Agreement 2 ---PAGE BREAK--- 4.03 Subdivisions approved by the City shall be forwarded to the County for administrative review and plat approval. 4.04 When considering matters pertaining to the Area oflmpact, voting representation on the City Planning and Zoning Commission shall, as nearly as possible, reflect the ratio of population living within the Area as compared to the population living within the City. SECTION 5. APPEALS. 5.01 Conditional use permits, variances, and planned unit developments which have been approved by the City may be appealed to the Board. The Board may deny or affirm the decision and may attach reasonable conditions. Denial must be based on the Board's finding that the City's decision is unsubstantiated by evidence, unlawful, arbitrary or capricious. Conditional use permits, variances, and planned unit developments denied by the City may not be appealed to the Board. 5.02 Decisions by the City on subdivision and mobile home park applications are final. 5.03 Final decisions made under Sections 5.01 and 5.02 may be subject to judicial review. SECTION 6. ENFORCEMENT. It shall be the responsibility of the City, and not the County, to issue any zoning, subdivision or mobile home park permits in the Area. The City or County may take reasonable enforcement action to ensure compliance with conditions set by the County prior to the effective date of this agreement. The County and/or the City may take legal action to enforce land use regulations within the Area. Area of City Impact Agreement 3 ---PAGE BREAK--- SECTION 7. BUILDING PERMITS. 7. 01 The County retains the authority to issue building permits and mobile home installation permits in the Area and shall forward copies of these applications to the City immediately. The City shall review for compliance with zoning, subdivision or mobile home park ordinances within the Area. The City shall approve or deny the application's ordinance compliance without unreasonable delay. If the City has failed to approve, deny, or request a time extension within one week of receipt, the County may assume approval. 7.02 The County shall collect and pay the City a reasonable fee for review regarding building compliance with zoning, subdivision and mobile home park regulations. SECTION 8. RENEGOTIATION. 8.01 This agreement shall be renegotiated at any time upon the written request of either party. This written request shall set forth the changes in the agreement sought by the requesting party. If the other party has not agreed to adopt the requested changes within 180 days, the procedure for renegotiation set forth in Idaho Code 67-6526 shall be implemented. 8.02 It is the intent of the parties that this agreement be renegotiated prior to December 31, 1998, however, this agreement shall remain in full force and effect until a new agreement replaces it. Area of City Impact Agreement 4 ---PAGE BREAK--- IN WITNESS WHEREOF, the City, by and through its Mayor and City Clerk, and the County, by and through the Chairmember of the Board of County Commissioners and the County Clerk, have executed this agreement to be effective the day and year first above written. City of Moscow R. Petersen, Clerk Nancy John, · Chairmember Latah County 1 Board of Latah County Commissioners Area of City Impact Agreement 5 ---PAGE BREAK--- ' - . i • ' ' . • ' tXHIBIT A ---PAGE BREAK--- EXHIBIT B AF AGRICULTURE-FORESTRY ZONE SECTION 3.01 PURPOSE The purpose of the AF Agriculture-Forestry zone is to foster agricultural and forestry land uses while providing for limited, low-density residential land uses which will not conflict with farm and forest practices nor place inappropriate demands on rural public services nor promote the indiscriminate conversion of farm and forest land to other uses. SECTION 3.01 PERMITTED USES A. Agriculture, including the raising, harvesting, and Selling of crops; on-site storage of grain and seed; the raising and sale of livestock or poultry; dairying and sale of dairy products; and other similar agricultural, horticultural, or animal husbandry uses, excluding feedlots with more than 20 animals. B. Accessory building and uses normal and incidental to the buildings and uses permitted, including dwellings or persons engaged for farm or forestry labor provided such dwelling units are located on the farm owned or operated by the employer. C. Forestry, including the raising, harvesting, and sale of timber and other forest products produced on the property. D. Small sawmills operated as a short-term or subsidiary use on farms or woodlots. E. Home occupations. F. Single-family dwelling. G. Family Day Care Home (1-6 children) and Group Day care Facility (7-12 children). H. Mobile Home. SECTION 3.03 CONDITIONAL USES A. Mini-warehouses; B. Campgrounds, seasonal recreational camps, commercial stables, golf courses, parks and gun clubs, and recreational resorts; c. Public utility structures and uses, such as electrical substations, maintenance and repair facilities, and similar uses; D. Radio towers and transmitters; E. Airports, landing fields, and heliports; F. Carnivals and circuses, except those in conjunction with a county fair or other governmentally-sponsored outdoor event; G. Wastewater treatment plants; ---PAGE BREAK--- H. Cemeteries. I. Places of worship or religious practice. J. Schools. K. Meeting halls, community and neighborhood center, grange halls, and similar gathering places not for commercial use. L. Small (13-20 children) and large day care (21 or more children) center. M. Feedlots with 20 to 200 animals shall be permitted only after issuance of a conditional use permit by the Moscow Zoning Board of Adjustment. Feedlots with more than 200 animals shall be allowed only where permitted by the applicable City of Moscow zone. SECTION 3. 04 MINIMUM LOT AREA, WIDTH, AND YARD REQUIREMENTS A. Area: Three acres, subject to North Central District Health Department approval for sewage system installation, exclusive of those areas where development is prohibited, such as designated floodways. B. Front yard: Twenty feet (20') from the public right-of-way. C. Rear yard: Thirty-five feet D. Side yard: Thirty-five feet SECTION 3. 04. 01 DETACHED ACCESSORY BUILDINGS Detached accessory buildings in the AF zone shall comply with the front yard setback required for the principal building and shall maintain a ten (10) foot setback from the rear and side lot lines, except that a detached accessory building can be built to the side or rear lot line provided a written mutual agreement of the abutting property owners on the property line affected be filed with the County Clerk.