The purpose of establishing the Grangeville 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 ensure timely and economical provision of public services such as water, supplies, sanitary and storm sewage collection and treatment, public safety services, fire protection, and other community service facilities, and to promote the land use capability, street alignment, and traffic flow objectives consistent with orderly growth. (Ord. 863, 11-15-2010)

   A.   Area: The area of city impact shall consist of any area where development or land use affects and/or may affect the city of Grangeville in consideration of trade areas, geographic factors, and areas that can be reasonably expected to be annexed to the city in the future.

   B.   Geographic Area:

      1.   The officially adopted area of city impact is hereby established and is shown on the map entitled "Grangeville area of impact", which is attached as exhibit A to the ordinance codified herein, and is officially made part hereof by reference. The legal description of that area is attached as exhibit B to the ordinance codified herein, which is likewise incorporated by this reference.

      2.   The city of Grangeville area of city impact may be reconsidered by the city and Idaho County at such times as they may agree to consider possible changes in the geographic area affected and/or other provisions of this chapter, including, but not limited to, applicable standards and applicable ordinances. (Ord. 863, 11-15-2010)

   A.   Water: Residents within the area of city impact shall not construct a well on their property unless a variance is granted as outlined in section 10-9-8 of this chapter. Residents within the area of city impact shall not be required to hook up to the city of Grangeville water system. If the resident desires to hook up to said system they must contact the city of Grangeville to obtain approval from the city.

   B.   Wellhead Protection Plan: The city agrees to adopt the wellhead protection plan, as established in chapter 7 of this title.

   C.   Deep Well Ordinance: The city agrees to adopt the deep well ordinance, as established in title 8, chapter 6 of this code.

   D.   Sewer: All area of city impact residents are free to construct septic tanks or drain fields within the area of city impact. There shall be no requirement of a variance in order to construct said septic tank or drainage field. However, there may be requirements or restrictions imposed by the local health department. Area of impact residents shall contact the local health department for information regarding any possible restrictions or requirements.

   E.   Existing Wells: Property owners served by an existing domestic water well as of May 1, 2010, are not required to obtain a variance. They are allowed to keep and operate their existing wells on their property. However, a variance is required if: 1) the existing well is no longer used to provide domestic water for the property under circumstances consistent with abandonment of the well. "Abandonment" is defined as no use for one year or more; or 2) any new structure or dwelling intended or used for continuous or periodic habitation, occupancy, or use requiring or using water by human beings is constructed or placed on the property on or after May 1, 2010. Nothing in this subsection shall be deemed to require a variance in the event a domestic water well is not being utilized on a temporary basis due to repairs or maintenance of the well or water delivery system. "Temporary basis" shall be defined as less than one year. Such repairs and maintenance shall not include digging the well deeper.

   F.   Authority: Nothing in this chapter is intended to or shall limit or impair any authority of the city of Grangeville as may be provided by law as the owner and operator of municipal water, sewer, and storm sewer systems. Nothing in this chapter shall require the city to incur any debt or make any additions or modifications to its municipal systems, including, but not limited to, extending service lines or adding service capacity for the purpose of providing municipal water or sewer within the area of city impact.

   G.   Cross Connections Prohibited: No person shall cause, permit, or suffer any private water source or system on the person's property to be connected or cross connected to the Grangeville municipal water system without first obtaining the approval of the city. In addition to all other authority of the city recognized or authorized under this chapter, the city may refuse to permit connection or may discontinue any connection to the municipal water system in the area of city impact if it finds the connection poses an unreasonable risk of cross connection or contamination of the municipal water system from a private water source or system. (Ord. 863, 11-15-2010)

The city of Grangeville comprehensive plan shall be extended outward in contiguous directions as the same is now drafted and described. Zoning of the area of impact shall be consistent within those areas as would be consistent with that plan.

   A.   Within the area of impact, all existing agricultural uses now in existence shall be continued until the land use in that area actually in fact changes.

   B.   Prior to making a change of existing land use to a materially different use, including, but not limited to, maintenance of domestic livestock, and if such new use is inconsistent with the extended zoning classification applicable to the property, the landowner shall first make application to the city of Grangeville for an advisory opinion to permit modification of the land use inconsistent with what zoning in the area would be. The city shall make a recommendation to Idaho County concerning approval, denial, or modification of the application, including any recommended conditions for approval. Final approval or denial of the application, and any conditions for approval of the application, shall be made by the city in the manner provided in section 10-9-8 of this chapter.

      1.   A change from one agricultural use to another agricultural use which does not adversely, financially, or environmentally impact a neighboring city zone in a material and significant way shall not be considered material under this section.

      2.   If there is a question as to what zone any land will be subject to, an applicant shall apply to the city of Grangeville for an advisory opinion on that issue prior to making any variance application. (Ord. 863, 11-15-2010)

Any person proposing a subdivision within the area of city impact must apply for annexation with the city of Grangeville. This may include purchasing additional property to make annexation legal. If the city of Grangeville refuses to annex the planned development area then the county subdivision ordinance shall apply. (Ord. 863, 11-15-2010)

The existing agreement between the Grangeville rural fire protection district and the city of Grangeville shall remain in full force and effect, and be applicable to the area of city impact, based upon the current agreement and any amendments thereto. (Ord. 863, 11-15-2010)

Upon the effective date hereof, and upon the contemporaneous county ordinance being adopted, pursuant to Idaho Code section 67-6526, the city of Grangeville shall modify by appropriate ordinance the makeup of its planning and zoning commission requiring one member of the planning and zoning commission that physically resides or owns real estate within the Area of City Impact, who shall be a complete voting member of the Grangeville Planning and Zoning Commission thereafter.

The impact area member to be appointed to the Grangeville Planning and Zoning Commission shall be a person recommended to the Mayor and City Council by the Idaho County Commissioners. (Ord. 863, 11-15-2010)

Except as otherwise provided in this chapter, all applications for variances or waiver of any provision of this chapter shall first be submitted to the City of Grangeville for recommendations. The City of Grangeville shall issue in writing an advisory opinion concerning approval or denial of the application, including any recommended conditions for approval. Final approval or denial of the application shall be made by Idaho County following a public hearing with a transcribable record, with notice to all affected parties, including the City of Grangeville. Notice of hearing shall be given by certified mail or personal service to the City and to all landowners within three hundred feet (300') of the subject property, and by publication of the notice in the "Idaho County Free Press" on one occasion at least fifteen (15) days prior to the time set for the hearing. Final decisions on applications shall be in writing and made in accordance with Idaho Code section 67-6535. (Ord. 863, 11-15-2010)

Idaho County shall be responsible for the enforcement of the ordinances applicable in the Area of City Impact. Idaho County may establish fees for all applications and proceedings, including costs of publication, provided under this chapter. Any person violating any prohibition of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine as established in the master fee schedule or six (6) months in jail, or both. (Ord. 863, 11-15-2010; amd. Ord. 925, 10-1-2018)

The Area of City Impact may be reviewed and renegotiated at any time upon the request of either Idaho County or the City of Grangeville. (Ord. 863, 11-15-2010)