The recitals in this ordinance are incorporated in this chapter and by this reference made a part hereof. (Ord. 581, 2010; Ord. 662, 2020)

The agreed upon Kimberly Area of City Impact, shall be as depicted on the current adopted Kimberly Zoning /Area of City Impact map, adopted per Ordinance No. 659, dated 12-10-2019 and the Kimberly Comprehensive map, adopted per Resolution No. 364, dated 10-22-2019 or as herein after modified. (Ord. 581, 2010; Ord. 662, 2020)

   A.   Per the adopted Resolution No. 364, dated 10-22-2019, City of Kimberly comprehensive plan and Kimberly, Idaho, revised area of impact and comprehensive plan land use map, together with the City of Kimberly zoning and subdivision regulations contained in Kimberly City Code title 17, and the Kimberly Zoning/Area of City Impact map, adopted per Ordinance No. 659, dated 12-10-2019 are hereby adopted by reference by the County of Twin Falls to be in full force and effect in the area of City impact or as herein after modified.

   B.   Within the area of City impact, no provision of this subsection shall apply to any parcel of land twenty (20) acres or larger used solely for agricultural purposes. Within the area of City impact, this subsection shall apply to any parcel of land proposed to be used for nonagricultural purposes. (Ord. 581, 2010; Ord. 662, 2020)

   A.   The Board of Commissioners for Twin Falls County hereby appoints the County Planning Administrator to administer the provisions of title 17 of the Kimberly City Code, as adopted by reference herein for the area of City impact, to provide assistance and guidance to the County Planning and Zoning Commission, and to perform the same duties for the area of City impact that are performed for the County of Twin Falls.

   B.   The Board of Commissioners of Twin Falls County hereby appoints and authorizes the County of Twin Falls and its agents and employees to issue zoning and building permits required by the regulations adopted herein, and to charge and collect fees for such administrative duties. The building permit fees for the area of impact shall be the same as established for the County.

   C.   The Board of Commissioners of Twin Falls County hereby appoints the Twin Falls County Planning and Zoning Commission to administer the area of City impact.

   D.   All applications for preliminary and final plats of subdivisions, vacations, zoning compliance permits, rezones, special use permits and variances shall be submitted to the Twin Falls County Planning and Zoning Administrator, Planning and Zoning Commission or County Commissioners. 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. The County Planning and Zoning Commission may approve the application as commented on by the city council, deny the application, modify or condition the application, or request further proceedings.

   E.   Any person, including the City of Kimberly, directly aggrieved and affected by a final decision of the Twin Falls County Planning and Zoning Administrator, Planning and Zoning Commission or County Commissioners regarding property located within the area of city impact may appeal to the board of County Commissioners, or applicable courts of law. All appeal hearings shall be based upon the record established by the Twin Falls County Planning and Zoning Commission. (Ord. 631, 2016: Ord. 581, 2010; Ord. 662, 2020)

The Board of Commissioners of Twin Falls County appoints and authorizes the County of Twin Falls and its employees and agents to enforce compliance with the provisions of this subsection and the regulations adopted herein, and to institute civil action in district court on behalf of Twin Falls County. (Ord. 581, 2010; Ord. 662, 2020)

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 governing boards shall undertake a review at least every ten (10) years of the city impact plan and ordinance requirements to determine whether renegotiations are in the best interests of the citizenry. (Ord. 581, 2010; Ord. 662, 2020)