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ORDlNANCE NO. 2003 - 17 A TEMPORARY, EMERGENCY CITY ORDINANCE; DESIGNA 11NG TIIE "MOSCOW AREA OF CITY IMPACT" WITHIN AN UNINCORPORATED PORTION OF LATAH COUNTY, AS DESCRIBED HEREIN; DEFINING THE GEOGRAPHIC AREA OF CITY IMPACT; PROVIDING DEFINITIONS; IDENTIFYING THE GOVERNING PLAN AND ORDINANCES; PROVIDING FOR ADMINISTRATION OF TIIE AREA OF CITY IMPACT; ESTABLISHING THE PROCESS FOR REVIEW AND APPEAL; PROVIDING FOR ENFORCEMENT OF REGULATIONS; ESTABLISHING THE RESPONSIBILITY FOR BUILDING PERMITS IN THE AREA OF CITY IMPACT; PROVIDING FOR SEVERABILrfY; AND ESTABLISHING AN EFFECTIVE DATE AND ENDING DATE FOR THIS ORDINANCE. WHEREAS, the LocaLLand Use Planning Act as enacted by the Idaho Legislature, LC. 67-6501 et. seq., requires adoption of an "area of city impact" around each city; and WHEREAS, Latah County aud the City of Moscow have coordinated land use planning as provided by the Moscow Area of City Impact Agreement since Jauuary 11, l 993; and WHEREAS, a District Court, State of Idaho, County of Latah has ruled that the Area of Impact Ordinance, Latah County Ordinauce # 122, as amended, is unconstitutional; and WHEREAS, the declaration by the District Court of the unconstitutionality of Latah County Ordinauce #122, as amended, leaves the Moscow Area of Impact without a current Zoning or Subdivision Ordinance; and WHEREAS, the lack of laud use ordinauces in the City of Moscow Area of City Impact could have dire financial, land use, environmental, and quality of life effects upon the City of Moscow, Latah County, and their residents, and the Council has determined that not having a current Zoning or Subdivision Ordinance creates imminent peril to the public health, safety, or welfare; and WHEREAS, the Council believes that this Ordinauce cures the declared constitutional defects of Ordinance # 122, as amended, in that this Ordinauce requires that Latah County perform a final, substautive review of auy decision made by the City of Moscow in the Area of City Impact, thus putting into place a temporary, constitutional procedure for laud use applications and permits in the Area of City Impact; and WHEREAS, Latah County and the City of Moscow intend to execute an interim Area of Impact Agreement to replace the existing agreement aud incorporate the chauges made by this Ordinance, aud further intend to adopt a renegotiated agreement prior to the expiration of this emergency ordinance; NOW, THEREFORE, BE IT ORDA!NED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: AREA This ordinance shall affect the unincorporated area of Latah County within the following sections: Sections 3, 4, 5, 6, 7, 8, 9, IO, 15, 16, l 7, 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 3 l, 32, 33, Township 40 North, Range 5 West, B.M. 2003-17 /l.10SCOW AREA OF CITY l!vlPACT EivlERGENCY ORDINANCE Page ! of 3 1 ---PAGE BREAK--- SECTION 2: DEFINITIONS The following words when used herein shall have these meanings: AREA shall mean the City of Moscow's Area of City Impact; BOARD shall mean the Board of Latah County Commissioners; CITY shall mean the City of Moscow; and COUNTY shall mean Latah County. SECTION 3: G OVERNING PLAN AND ORDINANCES 3.01 The City's Comprehensive Plan, Zoning, Subdivision, and Mobile Home Park and RV Park Ordinances are adopted by the County for the Area, with the following exceptions: the City's mobile home installation standards and building standards. 3.02 No amendments of the Comprehensive Plan or the Zoning, Subdivision, and Mobile Home Park and RV Park Ordinances in the Area shall be effective until adopted by the City as required by its ordinances and thereafter by the County. SECTION4: ADMINISTRATION ffF THE AREA OF CITY IMPACT 4.01 The Board authorizes the City to administer the governing plan and ordinances for the Area and the Board authorizes the City Planning and Zoning Commission, the City Board of Adjustment, and the City Council to make initial decisions, subject to Section 5.0 l . The Board also authorizes the City to initially issue all zoning, subdivision, and mobile home park and RV park permits required by the adopted regulations, subject to Section 5 .0 l 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 and RV park applications in the Area shall be processed by the City in accordance with the application procedures of the adopted ordinances, with the exception of the City's appeal processes, which shall not apply to applications in the Area. 4.03 When considering matters pertaining to the Area, 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. SECTIONS: REVIEW AND APPEAL PROCESS 5.01 Conditional use pennits, variances, planned unit developments, subdivision applications, and any other application or permit in the Area of Impact shall be forwarded by the City to the County for review within ten {IO) days of the City's initial decision. Additionally, any appeals from initial decisions by the City will be made to the County by delivering a written notice of appeal to the County Planning and Building Department within fifteen ( 15) days of the City's initial decision. In reviewing an initial decision or in considering an appeal, the County has unlimited authority to reverse, modify or affirm the City's initial decision. The County may attach or remove conditions and may also hold its own public hearing. If the County intends to modify or reverse an initial decision by the City, it shall hold its own public hearing. 5.02 Final decisions by the County made under Section 5.0 I may be subject to judicial review. 2003-! 7 l\10SCO\V AREA OF CITY IMPACT EtvfERGENCY ORDINANCE Page 2 of3 ---PAGE BREAK--- 4 8 SECTION 6: ENFORCEMENT The County may take legal action to enforce land use regulations within the Area, or may designate/appoint the City Attorney to take enforcement action on behalf of the County. SECTION7: BUILDING PERMITS 7.01 The County will 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 these applications for compliance with zoning, subdivision or mobile home park ordinances within the Area. 1be City shall indicate compliance or non-compliance without unreasonable delay. If the City has failed to indicate compliance or non-compliance or to request a time extension within one week of receipt, the County may assume compliance. 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: SEVERABILITY Should any word, clause, phrase, sentence, paragraph, subsection, or other part of this ordinance or any particular application thereof be declared unconstitutioual or invalid by a court or competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. SECTION9: EFFECTIVE DATE This ordinance shall take effect and be in full force as of the date and time indicated below. Pursuant to LC. 67-6523, notice requirements have been abbreviated to allow immediate adoption. This ordinance shall be in full force and effect for one hundred twenty (120) days from the date signed. DATED this '??jday of July, 2003 at OZ\it.{!ime). ATI'EST: 2003+17 l\10SCOW AREA OF CITY Uv1PACT E!\1ERGENCY ORDINANCE Page 3 of 3 1 l ---PAGE BREAK--- I, Stephanie Kalasz, Interim City Clerk for the City of Moscow, do hereby certify that the attached is a full, true and correct copy of Ordinance No. 2003-17 approved by Moscow City Council at its Regular Meeting of July 7, 2003. WITNESS my hand and official seal this 14