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Coeur D Alene City Zoning Code

CHAPTER 17

25 AREA OF CITY IMPACT

17.25.010: PURPOSE:

The purpose of establishing the Coeur d'Alene area of City impact is to identify an urban fringe area in the unincorporated territory surrounding the City within which there is potential for development or changes in land use that must be planned in an orderly and compatible manner in order to insure timely or economical provision of public services such as water supply, sanitary and storm sewage collection and treatment, public safety services, other community service facilities and to promote land use compatibility, street alignment and traffic flow objectives. (Ord. 2562 §1, 1993)

17.25.020: AREA OF CITY IMPACT DEFINED:

The area of City impact shall consist of an area where development or use of land affects or may affect the City of Coeur d'Alene in consideration of trade areas, geographic factors and areas that can reasonably be expected to be annexed to the City in the future. (Ord. 2562 §2, 1993)

17.25.030: GEOGRAPHIC AREA OF CITY IMPACT ESTABLISHED AND DEFINED:

The officially-adopted area of City impact is hereby established and shown on the map entitled "Coeur d'Alene Area of City Impact" and is officially made a part hereof by reference, said map being specifically adopted by Coeur d'Alene Municipal Ordinance No. 2563, and Kootenai County Ordinance No. 194.
   A.   The Coeur d'Alene area of City impact shall be reevaluated by the City and Kootenai County at such times as they may agree upon to consider possible changes in the geographic area affected and/or other provisions of this Chapter including but not limited to applicable standards. (Ord. 2562 §3, 1993)

17.25.040: STANDARDS:

Upon adoption of an area of City impact by the City and County, 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, limited planned unit development, variance request or subdivision plat within the area of City impact.
   A.   Within the area of City impact, the following standards shall apply:
      1.   Kootenai County Subdivision Ordinance and provisions for future utility infrastructure set forth in Title 16 of the Coeur d'Alene Municipal Code; and
      2.   City road widths and profiles found in Title 16, Coeur d'Alene Municipal Code, except that where improvement standards of the Associated Highway Districts differ from those of the City, the provisions imposing the highest level of improvements shall prevail; and
      3.   Kootenai County Zoning Ordinance; and
      4.   Kootenai County Storm Water Management Ordinance; and
      5.   Except as set forth above, all other standards of applicable Kootenai County codes and ordinances; and
      6.   Except as set forth above, all other standards of applicable special districts having jurisdiction within the identified area of City impact.
   B.   Within unincorporated areas not in area of City impact, only County standards shall apply. (Ord. 2562 §4, 1993)

17.25.050: ENFORCEMENT:

Kootenai County shall be responsible for the administration and enforcement of the County's ordinances listed in subsection 17.25.040A 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 such as parkland dedication fees or other costs arising from fulfilling the terms of each ordinance or regulation.
   A.   The City of Coeur d'Alene and special districts shall be responsible for administration and enforcement of their respective regulations listed in subsection 17.25.040A within the area of City impact, and shall receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications and any development fees such as parkland dedication fees or other costs arising from fulfilling the terms of each ordinance or regulation.
   B.   A certificate shall appear on the face of the final plat for execution by the City Engineer attesting to the plat's conformance with Municipal infrastructure standards set forth in subsection 17.25.040A. (Ord. 2562 §5, 1993)

17.25.060: HEARING PROCEDURES WITHIN THE AREA OF CITY IMPACT:

   A.   All applications for subdivision plats and all other applications (e.g., zone change, Comprehensive Plan amendment, variance, conditional use, etc.) within area of City impact shall be filed by the applicant with Kootenai County. All public hearings in the area of City impact shall be held only before the County.
   B.   It is the intent of this Section that the processing of subdivisions be administered by the County, but with the inclusion of City infrastructure improvement standards, including but not limited to water, sewer and roads. Unless expressly waived by the City, in accord with the City's deviation provision, Municipal infrastructure standards shall apply to all subdivisions in the area of City impact. In furtherance thereof, applicants for preliminary plat approval shall solicit comments and recommendations from the City of Coeur d'Alene in the same manner as they are required to solicit same from other agencies and districts.
   C.   Within the unincorporated areas outside an area of City impact, the County will provide the City notice of any public hearing related to an application to the County or the County's Planning Commission for a zone change, Comprehensive Plan change, request for a special or conditional use permit, planned unit development, limited planned unit development, variance request, subdivision plat or similar land use request. The City shall have fifteen (15) days after receipt of the notice but prior to any public hearing to comment.
   D.   The City and the County may elect to jointly hear an application. (Ord. 2562 §6, 1993)

17.25.070: STANDARD AMENDMENT AND NOTICE:

   A.   Prior to amendment by the County of any of Kootenai County's ordinances set forth above in subsections 17.25.040A1 and A3 through A5, which are applicable in the area of City impact, the County shall forward the proposed change to the City for review and comment at least thirty (30) days prior to the first public hearing at which such amendment will be considered.
   B.   Prior to amendment by the City of any of the City ordinances set forth above in subsections 17.25.040A1 and A2, which are applicable in the area of City impact, the City shall forward the proposed change to the County for review and comment at least thirty (30) days prior the first public hearing at which such amendment will be considered. (Ord. 2563 §7, 1993)

17.25.080: AREAS OF CITY IMPACT MAP:

That the area of City impact within the unincorporated area of Kootenai County is particularly described in Section 17.25.090 below and also set forth on the map in said Section 17.25.090, which map shall be in effect until amended or modified as allowed by law. (Ord. 2563 §1, 1993)

17.25.090: AREAS OF CITY IMPACT DESCRIBED:

BEGINNING at the intersection of the west line of Section 15, Township 50 North, Range 4 West, Boise Meridian, and the shoreline of Coeur d'Alene Lake;
Thence, northerly along said west line to the corner of Sections 9, 10, 15, and 16, Township 50 North, Range 4 West, Boise Meridian;
Thence, westerly along the south line of said Section 9 to the corner of Sections 8, 9, 16, and 17, Township 50 North, Range 4 West, Boise Meridian;
Thence, northerly along the west line of said Section 9 to the shoreline of the Spokane River;
Thence, northeasterly along said shoreline to its intersection with the west one-sixteenth line of said Section 9;
Thence, northerly along said one-sixteenth line to the north line of said Section 9;
Thence, northerly along the west one-sixteenth line of Section 4, Township 50 North, Range 4 West, Boise Meridian, to the south line of Interstate 90;
Thence, northwesterly along said south line to the west line of said Section 4;
Thence, northerly along said west line to the west corner of said Section 4, Township 50 North, Range 4 West, Boise Meridian;
Thence, northerly along the west lines of Sections 33 and 28 to the corner of Sections 20, 21, 28, and 29, all in Township 51 North, Range 4 West, Boise Meridian;
Thence, along the north lines of Section 28, 27, and 26, all in Township 51 North, Range 4 West, Boise Meridian, to U. S. Highway 95 and the Hayden City limits;
Thence, southerly along said City limits to the southwest corner thereof;
Thence, easterly along the south line of the City of Hayden to the west line of Section 25, Township 51 North, Range 4 West, Boise Meridian;
Thence, southerly along said west line and the west line of Section 36, Township 51 North, Range 4 West, Boise Meridian, to the west quarter corner of said Section 36;
Thence, easterly along the east-west quarter line of said Section 36 to the east quarter corner of said Section 36;
Thence, easterly along the east-west quarter lines of Sections 31 and 32, all in Township 51 North, Range 3 West, Boise Meridian, to the center quarter corner of said Section 32;
Thence, southerly along the north-south quarter line of said Section 32 to the south quarter corner thereof;
Thence, southerly along the north-south quarter line of Section 5, Township 50 North, Range 3 West, Boise Meridian, to the south quarter corner thereof;
Thence, easterly along the south lines of Sections 5 and 4, all in Township 50 North, Range 3 West, Boise Meridian, to the corner of Sections 3, 4, 9, and 10;
Thence, southerly along the east lines of Sections 9, 16, 21, 28, and 33, all in Township 50 North, Range 3 West, Boise Meridian, to the shoreline of Coeur d'Alene Lake;
Thence, along said shoreline in a northwesterly and westerly direction to the POINT OF BEGINNING.
(Ord. 2563 §1, 1993)