The recitals set forth in this Ordinance are on file in the office of the City Clerk, are incorporated in the Chapter and by this reference made a part hereof. (Ord. 2024-03, 2-12-2024)

The agreed upon area of city impact for the city of Buhl is established and set forth herein and described as: the current adopted Buhl Zoning/Area of City Impact map, adopted per Buhl Ordinance No. 2024-2, dated 2-12-2024 and the Buhl Comprehensive map, adopted per Buhl Resolution No. 391, dated 4-24-2017 or herein after modified by the parties (“Area of City Impact”). (Ord. 2024-03, 2-12-2024)

The following standards shall apply whenever an agency, planning and/or zoning commission, hearing examiner, or governing body of the city or county considers a zone change, comprehensive plan change, request for a special or conditional use permit, planned unit development, variance request, or subdivision plat within the area of city impact. Within the area of city impact, the following standards shall apply:

   A.   The City of Buhl Comprehensive Plan;

   B.   The zoning and subdivision regulations set forth in Buhl City Code Title 9;

   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 of applicable special districts having jurisdiction within the identified area of city impact. (Ord. 2024-03, 2-12-2024)

   A.   The City of Buhl Comprehensive Plan, Comprehensive Plan Land Use map, Zoning Districts map, Area of Impact map, and Buhl City Code Title IX shall comprise the governing plan and ordinance in the Buhl Area of City Impact.

   B.   Within the Area of City Impact, any parcel of land used solely for agricultural purposes, may continue said use until a change of use occurs. (Ord. 2024-03, 2-12-2024)

   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 title 9 of the Buhl City Code, to charge and collect fees for such administrative duties as adopted by reference herein for the area of city impact.

      2.   The County Community Development Services Director accepts the appointment and authorization.

   B.   Commission:

      1.   The Board of Commissioners of Twin Falls County here by appoints the County Planning and Zoning Commission as the area of city impact commission to administer Title 9 of the Buhl City Code in the area of city impact.

      2.   All applications for preliminary plat of subdivisions, vacations, rezones, special use permits, variances, and other such permit shall be submitted to the County Planning and Zoning Commission. All applications for final plat of subdivisions, for vacations and rezones shall be submitted to the County Planning and Zoning Commission for their recommendation and action, prior to submission to the Board of County Commissioners. The Board of County Commissioners may approve, deny, or remand the application. The County shall provide the City with notice and an opportunity to provide comment on these applications pursuant to the standards provided within Idaho Code § 67-6509. (Ord. 2024-03, 2-12-2024)

9-7-6: ENFORCEMENT WITHIN THE BUHL AREA OF IMPACT:

   A.   Twin Falls County shall be responsible for the administration and enforcement of the county’s ordinances listed in subsection 8-9-19F of this article within the area of city impact, and shall 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 the City to administer the County building code enforcement program within the Buhl Area of City Impact pursuant to Idaho Code § 39-4116, in the event the City requests the ability to maintain building code enforcement in its Area of City Impact. (Ord. 2024-03, 2-12-2024)

   A.   Annexation by the city of Buhl shall be limited to those lands lying within the area of city impact and being contiguous to the city limits of the city of Buhl. Upon annexation, the provisions of this article, which is the agreement between the city of Buhl and Twin Falls County, shall no longer apply to the annexed area.

   B.   The City of Buhl shall send notice of all annexations, de-annexations, Zoning Code and Comprehensive Plan changes and updates along with maps to the County Community Development Services office.

   C.   All Twin Falls County land use applications and public notices within the Buhl area of city impact shall be sent to the Buhl city council for review and comment. The city shall have fifteen (15) calendar days after receipt of the notice prior to the public hearing to comment. (Ord. 2024-03, 2-12-2024)

   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 Buhl 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. 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. (Ord. 2024-03, 2-12-2024)