Kootenai County Unincorporated
City Zoning Code

CHAPTER 10

AREAS OF CITY IMPACT

ARTICLE 10.4. RESERVED

(Ord. 493, 6-9-2016)

ARTICLE 10.10. RESERVED

(Ord. 493, 6-9-2016)

ARTICLE 10.11. RESERVED

(Ord. 493, 6-9-2016)

ARTICLE 10.13. RESERVED

(Ord. 493, 6-9-2016)

8.10.101: PURPOSE:

The purpose of establishing the 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 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. 493, 6-9-2016)

8.10.102: 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 Athol in consideration of trade areas, geographic factors, and areas that can reasonably be expected to be annexed to the city in the future. (Ord. 493, 6-9-2016)

8.10.103: STANDARDS:

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. Within the area of city impact, the following standards shall apply:

A. The Kootenai County comprehensive plan;

B. The subdivision regulations set forth in chapter 6 of this title;

C. The zoning regulations set forth in this title;

D. The stormwater management regulations set forth in chapter 7, article 7.1 of this title;

E. Except as set forth above, all other applicable standards set forth in this code;

F. City of Athol subdivision ordinance; and

G. Except as set forth above, all other standards of applicable special districts having jurisdiction within the identified area of city impact. (Ord. 493, 6-9-2016)

8.10.104: ENFORCEMENT:

A. Kootenai County shall be responsible for the administration and enforcement of the county's ordinances listed in subsections 8.10.103A through E 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 such as park land dedication fees or other costs arising from fulfilling the terms of each ordinance or regulation.

B. The city of Athol and special districts shall be responsible for the administration and enforcement of their respective regulations listed in subsections 8.10.103F and G 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, or other costs arising from fulfilling the terms of each ordinance or regulation. (Ord. 493, 6-9-2016)

8.10.105: RENEGOTIATION:

In accordance with subsection 67-6526(d), Idaho Code, the Athol city council or the board may request, in writing, renegotiation of any provisions of this article at any time. Within thirty (30) days of receipt of such written request by either party, a meeting between the two (2) jurisdictions shall occur.

While renegotiation is occurring, all provisions of this article shall remain in effect until this article is amended or a substitute ordinance is adopted by the city of Athol and Kootenai County, in accordance with the notice and hearing procedures provided in Idaho Code, or until a declaratory judgment from the district court is final. Provided, however, that this article or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution or ordinance. (Ord. 493, 6-9-2016)

8.10.106: ANNEXATION:

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

B. Prior to any annexation by the city of Athol, the city shall forward a copy of the annexation proposal to the county for review and comment at least thirty (30) days prior to the first public hearing on the annexation request. (Ord. 493, 6-9-2016)

8.10.107: COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND ZONING APPLICATIONS:

A. All applications for amendment of the Kootenai County comprehensive plan and implementing ordinances which apply to the Athol area of city impact shall be sent by Kootenai County to the city of Athol for review.

B. All Kootenai County land use applications and public notices within the Athol area of city impact shall be sent to the Athol city council for review and comment. The city shall have thirty (30) days after receipt of the notice prior to the public hearing to comment. (Ord. 493, 6-9-2016)

8.10.108: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted area of city impact is hereby established and shown on the map entitled "Athol area of city impact" as set forth in illustration 10-101 of this section.

ILLUSTRATION 10-101

ATHOL AREA OF CITY IMPACT MAP

B. Legal Description: The area of city impact for the city of Athol is hereby legally described as follows:

All of the following land lying within Township 53 North, Range 3 West, Boise Meridian, Kootenai County, Idaho: Sections 3, 4, 5, 8, 9, 10, 15, 16, 21, 22, and the East One-Half (1/2) of the Southeast Quarter (1/4), and the North One-Half (1/2), of Section 17.

C. Interpretation Of Area Of City Impact Boundary: In case a property under single ownership is divided by the boundary line of the Athol area of city impact and the line divides such property so that one or both of the parts has a depth of three hundred feet (300') or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located.

D. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 493, 6-9-2016)

8.10.201: 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 ensure 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. 493, 6-9-2016)

8.10.202: 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. 493, 6-9-2016)

8.10.203: STANDARDS:

Upon adoption 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. The subdivision regulations set forth in chapter 6 of this title, and provisions for future utility infrastructure set forth in title 16 of the Coeur d'Alene municipal code;

2. City road widths and profiles found in title 16 of the 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;

3. The zoning regulations set forth in this title;

4. The stormwater management regulations set forth in chapter 7, article 7.1 of this title;

5. Except as set forth above, all other applicable standards set forth in this code; 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 the area of city impact, only county standards shall apply. (Ord. 493, 6-9-2016)

8.10.204: ENFORCEMENT:

A. Kootenai County shall be responsible for the administration and enforcement of the county's ordinances listed in subsection 8.10.203A 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 such as park land dedication fees or other costs arising from fulfilling the terms of each ordinance or regulation.

B. The city of Coeur d'Alene and special districts shall be responsible for the administration and enforcement of their respective regulations listed in subsection 8.10.203A 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, and any development fees such as park land dedication fees or other costs arising from fulfilling the terms of each ordinance or regulation.

C. 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 8.10.203A of this article. (Ord. 493, 6-9-2016)

8.10.205: 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 the 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 provisions, 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 area of city impact, upon 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, or similar land use request, the applicant shall provide written notice to the Coeur d'Alene city clerk of any public hearing related to the application. The city shall have thirty (30) days after receipt of the notice but prior to any public hearing to comment on such application.

D. 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.

E. The city and the county may elect to jointly hear an application. (Ord. 493, 6-9-2016)

8.10.206: STANDARD AMENDMENT AND NOTICE:

A. Prior to amendment by the county of any provision set forth in subsection 8.10.203A of this article which is 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 provision set forth in subsection 8.10.203A1 or A2 of this article 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 to the first public hearing at which such amendment will be considered. (Ord. 493, 6-9-2016)

8.10.207: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted area of city impact is hereby established and shown on the map entitled "Coeur d'Alene area of city impact" as set forth in illustration 10-201 of this section.

ILLUSTRATION 10-201

COEUR D'ALENE AREA OF CITY IMPACT MAP

B. Legal Description: The area of city impact for the city of Coeur d'Alene is hereby legally described as follows:

BEGINNING at the intersection of the south line of Section 15, Township 50 North, Range 4 West, Boise Meridian, and the westerly shoreline of Coeur d'Alene Lake;

THENCE, westerly along said south line to the southwest corner of said Section 15;

THENCE, northerly along the west line of said Section 15 to the west quarter corner thereof;

THENCE, easterly along the south line of the northwest quarter of said Section 15 to the southeast corner thereof;

THENCE, northerly along the east line of said northwest quarter to the north quarter corner of said Section 15;

THENCE, westerly along the north line of said Section 15 to the northwest corner thereof;

THENCE, westerly along the south line of Section 9, Township 50 North, Range 4 West, Boise Meridian to the southwest corner thereof;

THENCE, northerly along the west line of said Section 9 to the north shoreline of the Spokane River and a point on the Coeur d'Alene city limits;

THENCE, along said city limits as follows:

Westerly along the Spokane River to an angle point on said city boundary;

(NOTE: The following bearings are based on the Idaho State Plane Coordinate System, West Zone, NAD 83, 92 adj.)

THENCE, North 1°25'34" East, 773.15 feet to the south line of Maplewood Avenue being a point on a nontangent curve concave to the north having a radius of 5799.65 feet, a central of 5°04'58", and a long chord that bears south 85°06'16" east, 514.33 feet;

THENCE, along said south line and said curve 514.50 feet;

THENCE, North 0°05'32" East, 100.00 feet to the north line of the Chicago, Milwaukee and St. Paul Railroad being a point on a nontangent curve concave to the north having a radius of 5699.65 feet, a central of 0°12'36", and a long chord that bears South 87°42'40" East, 20.90 feet;

THENCE, along said south line and said curve 20.90 feet;

THENCE, South 87°55'39" East, 441.66 feet;

THENCE, North 0°05'32" East, 446.48 feet;

THENCE, South 84°47'58" East, 180.82 feet;

THENCE, North 0°05'32" East, 360.00 feet to the south line of Reeves-Farrell Addition to Huetter, as per the plat recorded in Book "C" of Plats, Page 52, Records of Kootenai County;

THENCE, along said south line South 84°47'58" East, 316.09 feet;

THENCE, along the east line of said Reeves-Farrell Addition to Huetter North 0°03'12" West, 60.34 feet;

THENCE, North 89°56'48" East, 102.63 feet;

THENCE, North 0°03'12" West, 150.00 feet;

THENCE, South 89°56'48" West, 102.63 feet;

THENCE, along the east line of said Reeves-Farrell Addition to Huetter North 0°03'12" West, 81.85 feet to the south line of the abandoned Burlington Northern Railroad;

THENCE, along said south line South 73°04'49" East to the west one-sixteenth line of Section 4, Township 50 North, Range 4 West, Boise Meridian;

THENCE, leaving said city boundary, northerly along said one-sixteenth line to the south right-of-way 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 northwest corner of said Section 4, Township 50 North, Range 4 West, Boise Meridian;

THENCE, northerly along the west lines of Sections 33 and 28, Township 51 North, Range 4 West, Boise Meridian to the northwest corner of said Section 28;

THENCE, along the north lines of Sections 28, 27, and 26, 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, 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, Township 50 North, Range 3 West, Boise Meridian, to the southeast corner of said Section 4;

THENCE, southerly along the east lines of Sections 9, 16, 21, 28, 33, Township 50 North, Range 3 West, Boise Meridian to the southeast corner of said Section 33;

THENCE, southerly along the east line of Section 3, Township 49 North, Range 3 West, Boise Meridian, to the north shoreline of Coeur d'Alene Lake;

THENCE, along said shoreline in a northwesterly, westerly and southerly direction to the POINT OF BEGINNING.

C. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence.

D. Reevaluation: The Coeur d'Alene area of city impact shall be reevaluated by the city of Coeur d'Alene 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 article, including, but not limited to, applicable standards. (Ord. 493, 6-9-2016)

8.10.301: PURPOSE:

The purpose of establishing the Dalton Gardens area of city impact is to identify an urban fringe area adjoining the city of Dalton Gardens, Idaho. The urban fringe area is realizing, or will realize, growth and development pressures that must be planned and managed in an orderly fashion. The area of city impact recognizes trade areas, geographic factors, and the potential delivery of public services as being associated with the city of Dalton Gardens and comprised of areas that may reasonably be annexed to the city in the near and distant future. (Ord. 493, 6-9-2016)

8.10.302: COMPREHENSIVE PLAN:

The comprehensive plan and subsequent amendments thereto as officially adopted by the county of Kootenai, Idaho, shall apply to the area of city impact within the unincorporated area of Kootenai County, Idaho. The city of Dalton Gardens shall amend its comprehensive plan to be consistent with the Kootenai County comprehensive plan, if in conflict. (Ord. 493, 6-9-2016)

8.10.303: SUBDIVISION ORDINANCE:

The subdivision regulations set forth in chapter 6 of this title and subsequent amendments thereto as officially adopted by the county of Kootenai, Idaho, shall apply to the area of city impact within the unincorporated area of Kootenai County, Idaho. The subdivision regulations set forth in chapter 6 of this title shall also prevail over any city ordinances pertaining to the division of original parcels of record, plat amendments, lot line adjustments, minor subdivisions, short plats, or administrative lot splits. (Ord. 493, 6-9-2016)

8.10.304: ZONING ORDINANCE:

The zoning regulations set forth in this title, zoning map, and subsequent amendments thereto, as officially adopted by the county shall apply to the area of city impact within the unincorporated area of Kootenai County, Idaho. (Ord. 493, 6-9-2016)

8.10.305: CODE AND ORDINANCE ADMINISTRATION AND ENFORCEMENT:

A. Kootenai County shall be responsible for the administration and enforcement of the plan and ordinances listed in sections 8.10.302, 8.10.303 and 8.10.304 of this article, and shall receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications, or other costs arising from fulfilling the terms of each ordinance or regulation.

B. Amendments to the Kootenai County comprehensive plan, requests for preliminary and final plats or the vacation thereof, requests for zone changes or any other type of development applications, with the exception of building permits or development applications for agricultural purposes, involving property located in the area of city impact within the unincorporated area of Kootenai County being proposed shall be reviewed by the city council upon recommendation of the city planning and zoning commission in accordance with titles 50 and 67, Idaho Code, who will give a recommendation to the county for approval, denial, or the placement of special conditions.

C. The city agrees not to annex any property outside of its established area of city impact, even if receiving a petition from such property owner, but reserves the right to renegotiate the area of impact boundaries in the future. This shall apply, with the exception of forty feet (40') south of the south boundary of the Dalton Gardens city limits, from 16th Street to 18th Street (right of way for Dalton Avenue). Upon a request for annexation within the area of city impact, the city agrees to notify the county and allow the county thirty (30) days to comment on such request.

D. Maintenance of public streets located in the area of city impact shall be the exclusive responsibility of the Lakes highway district unless stipulated by written agreement between the highway district and the city of Dalton Gardens.

E. The city of Dalton Gardens shall appoint a member on its planning and zoning commission to represent the area of city impact. This representative shall reside within the area of city impact and shall be reappointed, upon any vacancy, by citizens also residing within the area of city impact. (Ord. 493, 6-9-2016)

8.10.306: RENEGOTIATION:

The area of city impact agreement shall be reviewed by the city of Dalton Gardens and Kootenai County at least once every five (5) years and shall be renegotiated at any time upon the request of either party hereto. Renegotiation shall begin thirty (30) days after written request by either the city or county and shall follow procedures for the original negotiation, as set forth in section 67-6526, Idaho Code. (Ord. 493, 6-9-2016)

8.10.307: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted and agreed upon "area of city impact for Dalton Gardens, Idaho" is established and shown on the map entitled "Dalton Gardens area of city impact" as set forth in illustration 10-301 of this section.

ILLUSTRATION 10-301

DALTON GARDENS AREA OF CITY IMPACT MAP

B. Legal Description: The area of city impact for the city of Dalton Gardens is hereby legally described as follows:

BEGINNING at the point of intersection of the East right-of- way line of Government Way (a.k.a. Old U.S. Highway 95), and the East-West centerline of Section 36, Township 51 North, Range 4 West, Boise Meridian, Kootenai County, Idaho, said beginning point being 30 feet East of the West Quarter corner of said Section 36;

thence East along said East-West centerline of Section 36 and continuing along the East-West centerline of Section 31, Township 51 North, Range 3 West, Boise Meridian, to the East Quarter corner of said Section 31;

thence North along the East line of Sections 31 and 30, to the Northeast corner of the Southeast Quarter of the Northeast Quarter of Section 30 being a point on the southerly line of the Hayden Lake Recreational Water and Sewer District as defined in Exhibit B, Case No. 34668, First District Court, State of Idaho;

thence northwesterly and westerly along said line as follows:

West along the North line of said Southeast Quarter of the Northeast Quarter to the Northwest corner thereof;

thence North, 345 feet, more or less, along the East line of the Northwest Quarter of the Northeast Quarter of said Section 30;

thence North 89°59'57" West, 475.00 feet (of record as West, parallel with the North line of said Section 30, a distance of 475 feet, more or less);

thence North 47°00'03" West, 575.00 feet (of record as North 47° West, 575 feet, more or less);

thence South 86°59'57" West, 150.00 feet (of record as South 87° West, 150 feet, more or less);

thence South 68°42'25" West, 1660.00 feet (of record as South 66° West, 1657 feet, more or less) along the southerly line of WOODLAND HEIGHTS 5TH ADDITION, according to the plat on file in Book G of Plats at page 64, and said southerly line extended to the Northeast corner of Lot 7, Block 2, WOODLAND HEIGHTS, according to the plat on file in Book E of Plats at page 129;

thence along the northeasterly line of Block 2 of said WOODLAND HEIGHTS as follows:

South 82°20'15" West, 52.47 feet;

thence North 83°51'30" West, 158.91 feet;

thence North 64°21'30" West, 415.97 feet;

thence North 49°39'15" West, 647.74 feet, to the Northwest corner of Lot 1, said Block 2;

thence North 31°28'59" West, 450.19 feet;

thence North 89°29'17" West, 170.00 feet;

thence North 0°46'08" West, 239.76 feet, to the North line of said Section 30;

thence North 89°00'11" West, 30.0 feet along said North line to the corner common to Sections 24 and 25, Township 51 North, Range 4 West and said Sections 19 and 30, Township 51 North, Range 3 West;

thence North, 1139.26 feet along the West line of Section 19, Township 51 North, Range 3 West, Boise Meridian, to the Southwest corner of the Dalton Water Association tract;

thence along the southerly line of said tract as follows:

North 69°20' East, 187.00 feet;

thence North 20°40' West, 50.00 feet;

thence North 69°20' East, 197 feet, more or less, to the North line of the Southwest Quarter of the Southwest Quarter of said Section 19;

thence West, 342 feet, more or less, along said North line to the Northwest corner of said Southwest Quarter of the Southwest Quarter;

thence South, 115.12 feet along the West line of said Section 19 and the East line of Section 24, Township 51 North, Range 4 West, Boise Meridian, to the Northeast corner of Tax Number 10001 (Book 82, page 933);

thence southwesterly along the northwesterly line of Tax Number 10001 as follows:

South 68°28'06" West, 633.85 feet;

thence South 51°52'34" West, 263.29 feet;

thence South 28°47'04" West, 269.98 feet;

thence South 33°08'44" West, 319.38 feet;

thence South 35°06'49" West, 340.48 feet to the North line of Section 25;

thence along the North line of Section 25, Township 51 North, Range 4 West, Boise Meridian, to a point on the East right-of-way line of Government Way (a.k.a. Old U.S. Highway 95), said point being 30.00 feet East of the Northwest corner of said Section 25;

thence South along the East right-of-way line of U.S. Highway 95, to the POINT OF BEGINNING.

C. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 493, 6-9-2016)

8.10.501: PURPOSE:

The purpose of establishing the Harrison area of city impact is to identify an urban fringe area adjoining the city of Harrison, Idaho. The urban fringe area is realizing, or will realize, growth and development pressures that must be planned and managed in an orderly fashion. The area of city impact recognizes trade area, geographic factors, and the potential delivery of public services as being associated with the city of Harrison and comprised of areas that may reasonably be annexed to the city in the near and distant future. (Ord. 493, 6-9-2016)

8.10.502: COMPREHENSIVE PLAN:

The comprehensive plan and subsequent amendments thereto as officially adopted by the county of Kootenai, Idaho, shall apply to the area of city impact within the unincorporated area of Kootenai County, Idaho. The city of Harrison shall amend its comprehensive plan to be consistent with the Kootenai County comprehensive plan, if in conflict. (Ord. 493, 6-9-2016)

8.10.503: SUBDIVISION ORDINANCE:

8.10.504: ZONING ORDINANCE:

8.10.505: REVIEW:

The county acknowledges that the city of Harrison is currently working on a subdivision and zoning ordinance and may wish to reopen this agreement upon completion of those ordinances to review whether they should be applied within the area of impact. (Ord. 493, 6-9-2016)

8.10.506: CODE AND ORDINANCE ADMINISTRATION AND ENFORCEMENT:

A. Kootenai County shall be responsible for the administration and enforcement of the plan and ordinances listed in sections 8.10.502, 8.10.503 and 8.10.504 of this article, and shall receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications, or other costs arising from fulfilling the terms of each ordinance or regulation.

C. The county shall notify the city within twenty (20) days of receiving an application for development of any type within the area of city impact. Copies of such application shall be forwarded to the city with notification. The city shall return a recommendation within thirty (30) days of receipt of the application but at least fifteen (15) days prior to any public hearing set for the matter. The city agrees to return a response, even if they have no comment on the application, to acknowledge receipt of the application. If no acknowledgment is received within the time period, the county agrees to confirm that notice was received by the city.

D. The city agrees not to annex any property outside of its established area of city impact, even if receiving a petition from such property owner, but reserves the right to renegotiate the area of impact boundaries in the future. Upon a request for annexation within the Harrison area of city impact, the city agrees to notify the county and allow the county thirty (30) days to comment on such request. The county agrees to return a response even if they have no comment on the application. If no acknowledgment is received within the time period, the city agrees to confirm that notice was received by the county.

E. Maintenance of public streets located in the area of city impact shall be the exclusive responsibility of the East Side highway district unless stipulated by written agreement between the highway district and the city of Harrison.

F. Law enforcement and fire protection services in the area of city impact shall be the exclusive responsibility of Kootenai County, the East Side fire protection district, and the St. Maries rural fire district unless otherwise stipulated by written agreement between the county and/or fire district and the city of Harrison.

G. The city of Harrison shall appoint a member on its planning and zoning commission to represent the area of city impact. This representative shall reside within the area of city impact and shall be reappointed, upon any vacancy, by citizens also residing within the area of city impact. (Ord. 493, 6-9-2016)

8.10.507: RENEGOTIATION:

The area of city impact agreement shall be reviewed by the city of Harrison and Kootenai County at least once every five (5) years and shall be renegotiated at any time upon the request of either party hereto. Renegotiation shall begin thirty (30) days after written request by either the city or county and shall follow procedures for the original negotiation, as set forth in section 67-6526, Idaho Code. (Ord. 493, 6-9-2016)

8.10.508: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted and agreed upon "area of city impact for Harrison, Idaho" is established and shown on the map entitled "Harrison area of city impact" as set forth in illustration 10-501 of this section.

ILLUSTRATION 10-501

HARRISON AREA OF CITY IMPACT MAP

B. Legal Description: The area of city impact for the city of Harrison is hereby legally described as follows:

BEGINNING at the southern Municipal boundary at the City of Harrison, where it intersects the high water mark of Coeur d'Alene Lake (Elevation 2128 feet);

THENCE, westerly in a straight line from that point to the point where the Section line between Sections 34 and 35, Township 48 North, Range 4 West Boise Meridian, intersects the high water mark of Coeur d'Alene Lake;

THENCE, following said Section line north until it intersects with the centerline of Bell Bay Road;

THENCE, easterly along the centerline of Bell Bay Road until it intersects the centerline of State Highway 97;

THENCE, southeasterly on State Highway 97 until it intersects the north south half section line of Section 30, Township 48 North, Range 4 West Boise Meridian;

THENCE, easterly along said half section line to the east section line of said Section 30;

THENCE, southerly along said section line and continuing south along the east section line of Section 31, Township 48 North, Range 4 West Boise Meridian, to the southeast corner of Section 31;

THENCE, continuing south on the east section line of Section 6, Township 47 North, Range 4 West Boise Meridian, until it intersects with the center line of Skyline Drive;

THENCE, southeasterly along the center line of Skyline Drive, to the center line of State Highway 97;

THENCE, easterly along the center line of State Highway 97 to the center line of Manifold Road;

THENCE, southerly along the center line of Manifold Road, until it intersects the north south half section line of Section 8, Township 47 North, Range 4 West Boise Meridian,

THENCE, westerly along said half section line, and continuing west along the half section line of Section 7, Township 47 North, Range 4 West Boise Meridian, until it intersects the mean high water mark of Coeur d'Alene Lake;

THENCE, northwesterly along said high water mark to the southern Municipal boundary of the City of Harrison, which is the POINT OF BEGINNING.

C. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 493, 6-9-2016)

8.10.601: PURPOSE:

The purpose of establishing the City of Hauser Area of City Impact is to identify a fringe area adjoining the City of Hauser, Idaho. The fringe area is realizing, or will realize, growth and development pressures that must be anticipated, planned for and managed in an orderly fashion. The Area of City Impact recognizes trade area, geographic factors, and the potential delivery of public services as being associated with the City of Hauser and comprised of areas that may reasonably be annexed to the City in the future. (Ord. 557, 11-12-2020)

8.10.602: GOALS:

The City of Hauser and Kootenai County:

A. Desire to adopt an Area of City Impact where urban services can be most efficiently and economically provided for orderly growth and development;

B. Desire to see the quality of life within the Area of City Impact maintained or improved;

C. Recognize a mutual intent to protect the Hauser Lake Watershed Area from further environmental pollution; and

D. Recognize a mutual intent to minimize the disruptive impacts of uncoordinated growth. (Ord. 557, 11-12-2020)

8.10.603: GEOGRAPHIC AREA OF CITY IMPACT ESTABLISHED AND DEFINED:

The officially adopted and agreed upon "Area of City Impact for Hauser, Idaho" is hereby established, and is set forth on the map entitled "City of Hauser Area of City Impact" in Illustration 10-601 of this article. The City of Hauser Area of City Impact is broken down into three (3) areas. The area defining the City of Hauser trade area shall be known as Area 1. The area defining the geographic factors of Hauser Lake and its watershed shall be known as Area 2. The area for potential delivery of public services and areas reasonably expected to be annexed into the City shall be known as Area 3.

ILLUSTRATION 10-601
HAUSER AREA OF CITY IMPACT MAP

(Ord. 557, 11-12-202 0)

8.10.604: COMPREHENSIVE PLAN:

The Kootenai County Comprehensive Plan, and subsequent amendments thereto, shall apply within the Area of City Impact, including Area 1, Area 2, and Area 3 thereof. The City of Hauser Comprehensive Plan, and subsequent amendments thereto, shall continue to apply within the city limits of the City of Hauser. (Ord. 557, 11-12-2020)

8.10.605: SUBDIVISION ORDINANCE:

The subdivision regulations set forth in this title, and subsequent amendments thereto, shall apply within the Area of City Impact, including Area 1, Area 2, and Area 3 thereof. The subdivision regulations set forth in this title shall also prevail over any City ordinances pertaining to the division of original parcels of record, plat amendments, lot line adjustments, minor subdivisions, short plats, or administrative lot splits outside of the City's boundaries and within the Area of City Impact. The Hauser City Code shall govern over lands within the City's boundaries. (Ord. 557, 11-12-2020)

8.10.606: OTHER ORDINANCES:

The zoning regulations set forth in this title, zoning map, other applicable provisions of this code, and subsequent amendments thereto, shall apply outside of the City's boundaries and within the Area of City Impact, including Area 1, Area 2, and Area 3 thereof. The zoning regulations set forth in the Hauser City Code shall apply within the City's boundaries. (Ord. 557, 11-12-2020)

8.10.607: CODE AND ORDINANCE ADMINISTRATION AND ENFORCEMENT:

A. The County shall be responsible for the administration and enforcement of its Comprehensive Plan and this title. Fees shall be charged pursuant to the then-current County fee resolution and distributed as follows:

Fiscal Year	City of Hauser	Kootenai County
2020	90%	10%
2021	80%	20%
2022	70%	30%
2023	60%	40%
2024 and later	50%	50%

All fees collected by the County and to be distributed to the City shall be disbursed on or before September 30 of each year.

B. Amendments to the Kootenai County Comprehensive Plan, requests for preliminary and final plats or the vacation thereof, requests for zone changes or any other type of development applications, involving property located in Area 1, Area 2, or Area 3 within the unincorporated area of Kootenai County being proposed shall be reviewed by the City in accordance with titles 50 and 67, Idaho Code, who will give comments and/or a recommendation to the County for approval, denial, or the placement of special conditions. The City's Comprehensive Plan and subsequent amendments thereto shall apply to areas within the City's boundaries.

C. Upon application to the County for a land use request, the County shall provide written notice and a copy of the application to the City. The City shall have thirty (30) days to comment after receipt of the notice, prior to any public hearing on said request. The City agrees to return a response even if they have no comment on the application to acknowledge receipt of the application. If the City does not respond within the time period, it shall be presumed that it approves the application. Kootenai County Community Development shall notify the City of Hauser, in writing, of the County's recommendations and actions on said applications within the Hauser Area of City Impact within thirty (30) days following a recommendation or action on such matter.

D. The City agrees not to annex any property outside of its established Area of City Impact, even if a petition from such property owner has been received, but reserves the right to renegotiate the boundaries of the Area of City Impact.

E. Upon receiving a request for annexation within the Area of City Impact, the City agrees to notify the County and allow the County thirty (30) days to comment on such request prior to any public hearing on the request. (Ord. 557, 11-12-2020)

8.10.608: RENEGOTIATION:

In accordance with subsection 67-6526(d), Idaho Code, the City of Hauser or the County may request in writing to renegotiate any provision of this article at any time. Within thirty (30) days of receipt of such request by either party, a meeting between the two (2) jurisdictions shall occur. While renegotiation is occurring, all provisions of this article shall remain in effect until this article is amended or a substitute ordinance is adopted by the City of Hauser and Kootenai County, in accordance with the notice and hearing procedures provided in title 67, chapter 65, Idaho Code or until a declaratory judgment from the District Court is final. Provided, however, that this article or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree in writing. (Ord. 557, 11-12-2020)

8.10.609: LEGAL DESCRIPTION; PRECEDENCE:

A. Legal Description:

1. The Area of City Impact for the City of Hauser is hereby legally described as follows:

Commencing at the Northwest Corner of Government Lot 4 of Section 25 (Township 51 North, Range 6 West), said point being the REAL POINT OF BEGINNING,

thence along the northerly line of said Government Lot 4, the northerly line of the South 1/2 of the East 1/2 of the Southwest 1/4 and the northerly line of the South 1/2 of the Southeast 1/4 of said Section 25 and its easterly projection thereof East a distance of 4700 feet, more or less, to a point on the southerly line of Bonneville Power Administration, Washington Water Power and Pacific Gas and Transmission easements as they cross Section 30 (Township 51 North, Range 5 West),

thence leaving said easterly projection along the southerly line of said easements northeasterly a distance of 4600 feet, more or less, to a point on the southerly line of the North 1/2 of the Northeast 1/4 of said Section 30,

thence leaving said southerly easement line along said southerly line East a distance of 1400 feet, more or less, to the Southeast Corner of said North 1/2,

thence leaving said southerly line along the easterly line of said Section 30 a distance of 1320 feet, more or less, to a point on the Northeast Corner of said section 30, also being the Northwest Corner of Section 29 (Township 51 North, Range 5 West),

thence leaving said easterly line along the northerly line of said Section 29 a distance of 2640 feet, more or less, to a point on the North 1/4 Corner of said Section 29,

thence leaving said northerly line along the North-South Center of Section line of Section 20 (Township 51 North, Range 5 West) North a distance of 4550 feet, more or less, to a point on the center line of State Highway 53,

thence leaving said North-South Center of Section along said center line northeasterly a distance of 3500 feet, more or less, to a point on the easterly line of Section 17 (Township 51 North, Range 5 West),

thence leaving said center line along the easterly line of said Section 17 North a distance of 1175 feet, more or less, to a point on the East 1/4 Corner of said Section 17;

thence leaving said easterly line along the East-West Center of Section line of said Section 17 West a distance of 2660 feet, more or less, to a point at the Center of Section 17;

thence leaving said East-West Center of Section along the North-South Center of Section line of said Section 17 North a distance of 2645 feet, more or less, to the Northeast Corner of said Section 17;

thence leaving said North-South Center of Section along the northerly line of said Section 17 West, a distance of 1340 feet, more or less, to a point on the Southeast Corner of the West 1/2 of the West 1/2 of Section 8 (Township 51 North, Range 5 West);

thence leaving said northerly line along the easterly line of the West 1/2 of the West 1/2 of said Section 8 North a distance of 5280 feet, more or less, to a point on the northerly line of said Section 8;

thence leaving said easterly line along the northerly line of said Section 8 West a distance of 1375 feet, more or less, to the Northwest Corner of said Section 8, also being the Southeast Corner of Section 6 (Township 51 North, Range 5 West),

thence leaving said northerly line along the easterly line of said Section 6 North a distance of 1320 feet, more or less, to the Northeast Corner of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 6;

thence leaving said easterly line along the southerly line of the Northwest 1/4 of the Southwest 1/4 of Section 5 (Township 51 North, Range 5 West) East a distance of 1360 feet, more or less, to the Southeast Corner of the Northwest 1/4 of the Southwest 1/4 of said Section 5;

thence leaving said southerly line along the easterly line of the Northwest 1/4 of the Southwest 1/4 of Section 5 North a distance of 1325 feet, more or less, to a point on the East-West Center of Section line of said Section 5;

thence leaving said easterly line along the East-West Center of Section line of said Section 5 East a distance of 1340 feet, more or less, to a point at the Center of said Section 5;

thence leaving said East-West Center of Section along the North-South Center of Section line of said Section 5 North a distance of 2660 feet, more or less, to the North 1/4 Corner of said Section 5;

thence leaving said North-South Center of Section along the northerly line of said Section 5 West a distance of 2700 feet, more or less, to the Northwest Corner of said Section 5, also being the Southeast Corner of Section 31 (Township 52 North, Range 5 West),

thence leaving the northerly line of said Section 5 along the easterly line of said Section 31 North a distance of 5280 feet, more or less, to the Northeast Corner of said Section 31, said Corner being on the southerly line of Section 30 (Township 52 North, Range 5 West),

thence leaving said easterly line along the southerly line of said Section 30 East a distance of 250 feet, more or less, to the Southeast Corner of said Section 30,

thence leaving said southerly line along the boundary of said Section 30 the following courses:

North a distance of 5280 feet, more or less, to the Northeast Corner of said Section 30,

thence West a distance of 5280 feet, more or less, to the Northwest Corner of said Section 30,

thence South 5280 feet, more or less, to the Southwest Corner of said Section 30 being also the Northwest Corner of Section 31 (Township 52 North, Range 5 West),

thence leaving the boundary of said Section 30 along the westerly line of said Section 31 South a distance of 5280 feet, more or less, to the Southwest Corner of said Section 31 being also the Northeast Corner of Section 1 (Township 51 North, Range 6 West),

thence leaving the westerly boundary of said Section 31 along the northerly boundary of said Section 1, West a distance of 4400 feet, more or less, to a point on the westerly boundary of the State of Idaho,

thence leaving the northerly line of said Section 1 along said westerly boundary South a distance of 22,910 feet, more or less, to the Northwest Corner of Government Lot 4 of said Section 25 (Township 51 North, Range 6 West), said point being the REAL POINT OF BEGINNING.

2. Area 1 shall be defined as that area within the Area of City Impact described in paragraph 1 of this subsection located to the south of a line described as follows:

COMMENCING at a point on the Southwest Corner of Section 13, Township 51 North, Range 6 West Boise Meridian, Kootenai County, Idaho, which point is located on the Idaho-Washington State Line, and said point being the POINT OF BEGINNING for this description;

Thence along the southerly line of said Section 13 East 4590 feet, more or less, to the Southeast Corner of said Section 13, being also the Southwest Corner of Section 18, Township 51 North, Range 5 West;

Thence continuing along the southerly line of said Section 18 East 5210 feet, more or less, to a point on the Southeast Corner of said Section 18, being also the Southwest Corner of Section 17, Township 51 North, Range 5 West;

Thence continuing along the southerly line of said Section 17 East 2655 feet, more or less, to a point on the Southeast Corner of the Southwest 1/4 of said Section 17, being also the Northeast Corner of the Northwest 1/4 of Section 20, Township 51 North, Range 5 West;

Thence leaving the southerly line of said Section 17 along the North-South Center of Section line of said Section 20 South 750 feet, more or less, to a point on the center line of State Highway 53, said point being the POINT OF TERMINATION for this description.

3. Area 2 shall be defined as that area within the Area of City Impact described in paragraph 1 of this subsection that is located to the north of a line described as follows:

COMMENCING at a point on the Southwest Corner of Section 1, Township 51 North, Range 6 West Boise Meridian, Kootenai County, Idaho, said point being located on the Idaho-Washington State Line, and said point being the POINT OF BEGINNING for this description;

Thence along the southerly line of said Section 1 East 4410 feet, more or less, to the Southeast Corner of said Section 1, being also the Southwest Corner of Section 6, Township 51 North, Range 5 West;

Thence continuing along the southerly line of said Section 6 East 5320 feet, more or less, to a point on the Southeast Corner of said Section 6, said point being the POINT OF TERMINATION for this description.

4. Area 3 shall be defined as that area within the Area of City Impact described in paragraph 1 of this subsection that is located to the north of the line described in paragraph 2 of this subsection and south of the line described in paragraph 3 of this subsection.

B. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 557, 11-12-2020)

8.10.610: ELIGIBILITY FOR PERMITS:

Any parcel located within the Area of City Impact that has been determined to have been legally created and was eligible for permit issuance under City of Hauser land use regulations and zoning designations as of November 12, 2020 shall not be deemed ineligible for permit issuance solely by virtue of the adoption of Kootenai County land use regulations and zoning designations within the Area of City Impact on that date. (Ord. 577, 9-8-2022)

8.10.701: RECITALS OF PREMISES OF COOPERATION:

Whereas, Kootenai County and the cities of Rathdrum, Post Falls and Hayden are mutually facing the pressures and benefits of shared growth; and

Whereas, each of these public agencies shares jurisdiction regarding development and management of public services and facilities on lands within parts of the Rathdrum Prairie; and

Whereas, the Rathdrum Prairie has provided a land resource for private development that has added to the geographic area of the cities of Rathdrum, Post Falls and Hayden; and

Whereas, the Rathdrum Prairie Aquifer has served as a source of clean, available water to sustain life, health and economic development; and

Whereas, the Rathdrum Prairie has traditionally supplied open spaces that contribute to the overall quality of life upon and around its environs; and

Whereas, development of private lands on the Rathdrum Prairie has been subject to planning and regulation by one or more of the public agencies referenced above; and

Whereas, continued political pressure and ongoing litigation are challenging the viability of current agricultural practices, and owners of agricultural lands are seeking viable options for their future; and

Whereas, a regional approach to serving the Rathdrum Prairie with cooperative wastewater disposal options would be prudent and worthy of further study; and

Whereas, such cooperation among the parties may result in an area wide wastewater master plan that includes the potential for land application of treated wastewater, thereby enabling options to sustain agriculture or to preserve open space on parts of the Rathdrum Prairie; and

Whereas, continuing agriculture on the prairie holds significant potential to aid in preserving green space that will otherwise be lost if an affordable means for preservation cannot be found; and

Whereas, each of the parties hereto recognizes the need to protect the common water resource and to integrate means of transportation and provision of other public services in developing areas; and

Whereas, the parties recognize that the rate of urbanization for the communities that are a party to this agreement will be different from one community to another; and

Whereas, Idaho law provides tools to allow the cooperation of counties and cities in public planning and implementation; and

Whereas, since the adoption of the area of city impact agreements and ordinances for the cities of Rathdrum, Post Falls and Hayden there have been significant changes while growth continues to be strong and sustained, thereby supporting amendment of the current area of city impact agreements for the cities; and

Whereas, the parties share common goals and desire to engage in a shared, cooperative effort to chart a meaningful intergovernmental plan and implementation strategy for the Rathdrum Prairie.

Now, therefore, the parties hereto agree that a coordinated area of city impact agreement for the cities of Rathdrum, Post Falls and Hayden is hereby adopted with the following terms and conditions. (Ord. 493, 6-9-2016)

8.10.702: EFFECTIVE DATE:

This agreement/article shall be effective with respect to Kootenai County and each respective city referenced herein upon the latter day of the date of publication of this article after passage or the date of publication of a companion ordinance enacted by each cooperating city. This article establishing area of city impact requirements for each of the respective cities referenced herein shall not become effective with respect to each respective city until said city passes and publishes an area of city impact ordinance consistent with the provisions of this article. (Ord. 493, 6-9-2016)

8.10.703: TERM; EARLY TERMINATION:

The term of this agreement/article shall be for a period of five (5) years from the initial effective date set forth above. The parties further agree to begin renegotiation of their respective area of city impact agreements no later than three and one-half (31/2) years after the initial effective date set forth above. If the parties are unable to agree upon a replacement for this agreement/article within five (5) years from its initial effective date, this agreement/article shall remain in full force and effect with each party thereafter authorized to seek a two (2) party area of city impact agreement with Kootenai County that would supersede this agreement with respect to that city. Any participating city that elects to terminate participation as set forth herein prior to expiration of the five (5) year term, or before mutual agreement upon a superseding cooperative agreement, whichever comes first, shall be entitled to fifteen (15) days' notice of any special use, subdivision or rezoning proposals within an area one-half (1/2) mile from its corporate boundary as such boundary existed on the initial effective date of this article. Otherwise, regular county standards and procedures would apply. (Ord. 493, 6-9-2016)

8.10.704: TWO TIERED AREA OF CITY IMPACT:

The parties agree that the area of city impact for each of the cities signatory hereto shall consist of two (2) tiers.

A. Exclusive Tier: The first tier of the area of city impact shall be an area exclusive to each respective city as set forth in a companion ordinance enacted concurrently with this article as depicted on the reference map set forth in section 8.10.710, illustration 10-701 of this article. The parties agree that the exclusive tier geographic area may be modified for any individual city after consultation among all parties and showing that community development needs would best be addressed by such modification. Any such subsequent modification shall require concurrence by the respective city councils of each cooperating city.

B. Shared Tier: The shared tier shall constitute the balance of the Rathdrum Prairie that is not within the corporate limits of any other city and not within an exclusive area of city impact of any other city established by this article or of any other city established by prior ordinance and located within the area enclosed by the Washington state line to the west, Highway 53 to the north, Highway 95 to the east, and Interstate 90 to the south that is not within the exclusive tier of area of city impact. The shared tier shall be managed jointly by the parties to this agreement in accordance with the terms and conditions set forth in this article. (Ord. 493, 6-9-2016)

8.10.705: APPLICABLE REGULATIONS WITHIN AREAS OF CITY IMPACT:

The following regulations shall be applicable in the respective tiers of area of city impact for each of the signatory cities:

A. Exclusive Tier:

1. The county agrees to apply infrastructure and subdivision development standards identical to those from the respective cities to all development within the exclusive tier of area of city impact.

2. The county agrees that no new subdivisions or resubdivision of existing large lot developments will be allowed unless the development will be served by municipal sewer and the sewer system installed is continued to the exterior property boundaries of the subdivision in the direction where subsequent development is likely to occur.

3. The county agrees to zone land within the exclusive tier at a density that will be compatible with the respective city's comprehensive plan. Said obligation will not require any change to existing zoning.

4. The county agrees to require all development to use public sewer and public water systems and to meet the fire flow requirements of the respective cities or of the international fire code.

B. Shared Tier:

1. The county agrees, for the duration of this agreement, that county will not hereafter rezone agricultural zoned land to any other zone unless Kootenai County provides at least thirty (30) days' notice to each of the cooperating cities prior to the initial public hearing concerning a rezoning request. If any party to this agreement expresses concerns or objections to a proposed rezoning of land currently zoned agricultural, the board of county commissioners agrees it will not approve any such rezoning request unless it makes an express finding that the proposed rezone will not adversely affect the provision of or potential for provision of public wastewater collection and treatment to the lands that are the subject of the rezoning application or to lands that would be collaterally affected thereby.

2. County agrees not to allow special/conditional use permits within any zone except in accordance with the notice and finding procedures provided above. (Ord. 493, 6-9-2016)

8.10.706: COMPREHENSIVE STUDIES:

The parties agree to promptly embark upon cooperative comprehensive studies of wastewater collection and disposal, transportation and circulation, and open space preservation within the first three (3) years of this agreement. These studies shall culminate in an array of options for wastewater collection and treatment, open space preservation and roadway and pathway designation and responsibility. (Ord. 493, 6-9-2016)

8.10.707: IMPLEMENTATION OF STUDIES:

Upon completion of the studies, the parties shall enter into negotiations, pursuant to section 8.10.703 of this article, to provide a long term area of city impact agreement, either shared or independent, to supersede this agreement. (Ord. 493, 6-9-2016)

8.10.708: LIMITATION ON ANNEXATION:

The parties agree that during the term of this agreement that no annexation of land within the shared tier will occur without the concurrence of all of the cities that are a party to this agreement. Such concurrence shall be provided unless an objective planning concern addressed by this article is invoked. The board of county commissioners agrees to attempt to mediate any such dispute concerning annexation and the respective cities agree to accept their efforts in this regard. (Ord. 493, 6-9-2016)

8.10.709: GEOGRAPHIC AREA:

A. Establishment; Precedence: The geographical areas to be included within each tier of the area of city impact shall be as set forth in the legal descriptions contained in this section and the map contained in section 8.10.710, illustration 10-701 of this article. In the event of any conflict between any legal description and the map, the legal description shall take precedence.

B. Legal Descriptions; Exclusive Tiers: The exclusive tiers of area of city impact for the respective cities are hereby described as follows:

1. Exclusive Tier For The City Of Hayden: Lands not within the city limits of the city of Hayden, but situated within the following legal description, shall fall within the exclusive area of city impact for the city of Hayden.

The exclusive tier for the City of Hayden shall consist of all of Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, and 23, Township 51 North, Range 4 West Boise Meridian; a part of Sections 24, 25, and 26, Township 51 North, Range 4 West Boise Meridian; and a part of Sections 7, 19, and 30, Township 51 North, Range 3 West Boise Meridian, Kootenai County, Idaho; more particularly described as follows:

BEGINNING at the Southwest corner of said Section 21, Township 51 North, Range 4 West B.M., being the intersection of Huetter Road and Prairie Avenue;

THENCE East along the South lines of said Sections 21, 22, and 23 to the Easterly right-of-way line of U.S. Highway 95 in said Section 23;

THENCE South 5°51' West, 630 feet, more or less, along said Easterly right-of-way line to Highway right-of-way monument P.T. 153+44.70;

THENCE 347.38 feet along said Easterly right-of-way line on the arc of a 28,537.9 foot radius curve left, said curve having a chord bearing South 5°28'06" West, 347.38 feet to the Northerly right-of-way line of Aqua Avenue;

THENCE South 88°57'32" East, 1275.35 feet along said Northerly right-of-way line to its intersection with the Westerly right-of-way line of Government Way (a.k.a. Old Highway 95);

THENCE continuing South 88°57'32" East, 60.00 feet, and leaving said Westerly right-of-way line to the Easterly right-of-way line of said Government Way and the Westerly line of the City of Dalton Gardens;

THENCE North 1°04'06" East, 989.24 feet (of record as North) along said Easterly right-of-way line and the Northerly projection thereof, and said Westerly line of the City of Dalton Gardens to a point on the South line of said Section 24 on the centerline of Prairie Avenue, said point also being the Northwest corner of the City of Dalton Gardens;

THENCE East 3930.00 feet, more or less, along the South line of said Section and the Northerly line of the City of Dalton Gardens to the East 1/16 section corner common to said Sections 24 and 25;

THENCE along the Northwesterly boundary of that certain right-of-way easement granted from Charles Finucane and Marion Finucane to the Dalton Gardens Irrigation District on the 13th day of March, 1954, as Instrument Number 284140, records of said County, and described as follows:

A strip of land 11 feet in width situated in the Southeast Quarter of Section 24, Township 51 North, Range 4 West Boise Meridian, Kootenai County, Idaho, the centerline of said strip of land being parallel with and 12 feet to the left of the following described line:

BEGINNING at the Southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 24;

North 34°44' East, 750.0 feet;

thence North 31°20' East, 241.4 feet;

thence along a curve to the right, 190.0 feet;

thence North 69°20' East, 618.6 feet to a point on the East line of said Southeast Quarter of Section 24, said point being 129.0 feet South of the Northeast corner of the Southeast Quarter of the Southeast Quarter of Section 24, all in Kootenai County, Idaho;

THENCE South (from said point, being 129.0 feet South of the Northeast corner of the SE 3 of the SE 3 of said section, which point is also North 47°41'00" East, 1740.97 feet from the East 1/16 section corner common to said Sections 24 and 25), along the East line of said Section 24 to the corner common to said Sections 24 and 25, Township 51 North, Range 4 West and said Sections 19 and 30, Township 51 North, Range 3 West;

THENCE South 89°00'11" East, 30.0 feet along the North line of said Section 30;

THENCE South 0°46'08" East, 239.76 feet;

THENCE South 89°29'17" East, 170.0 feet;

THENCE South 31°28'59" East, 450.19 feet to the Northwest corner of Lot 1, Block 2, WOODLAND HEIGHTS, according to the plat on file in Book E of Plats at page 129;

THENCE traversing the northerly line of Block 2 of said WOODLAND HEIGHTS, as follows:

South 49°39'15" East, 647.74 feet;

thence South 64°21'30" East, 415.97 feet;

thence South 83°51'30" East, 158.91 feet;

thence North 82°20'15" East, 52.47 feet to the Northeast corner of Lot 7, Block 2 of said Plat;

THENCE leaving said plat of WOODLAND HEIGHTS, North 68°42'25" East, 1660.00 feet (of record as North 66° East, 1657 feet, more or less) along the Southerly line of WOODLAND HEIGHTS 5th ADDITION, according to the plat on file in Book G of Plats at page 64, and said Southerly line extended;

THENCE North 86°59'57" East, 150.00 feet (of record as North 87° East, 150 feet, more or less);

THENCE South 47°00'03" East, 575.00 feet (of record as South 47° East, 575 feet, more or less);

THENCE South 89°59'57" East, 475.00 feet (of record as East, parallel with the North line of said Section 30, a distance of 475 feet, more or less), to a point on the East line of the NW 3 of the NE 3 of said Section 30, said point being South 0°10'56" East, 975.00 feet from the Northeast corner of said NW 3 of the NE 3;

THENCE South, along the East line of said NW 3 of the NE 3 to the Southeast corner thereof;

THENCE East along the South line of the NE 3 of the NE 3 of said Section 30, to the Southeast corner thereof;

THENCE North along the East line of said NE 3 of the NE 3 to the Northeast corner of said Section 30 (corner to said Sections 19, 20, 29, and 30);

THENCE North along the East line of said Section 19 to the shoreline of Hayden Lake;

THENCE Westerly, Northerly, and Easterly along the mean high water line of Hayden Lake to the Southeast corner of Tax Number 1560, according to Book 91 of Deeds at page 514;

THENCE West along the Southerly line of said Tax Number, also being along the Southerly line of the Village of Hayden Lake, according to said Book 91 of Deeds at page 514, and also being along said Southerly line extended to the Westerly right-of-way line of Chalet Road;

THENCE Northerly along said Westerly right-of-way line to the Southerly line of a parcel recorded in Book 76 of Deeds at page 425, as Instrument Number 16016;

THENCE West along said Southerly line, parallel with the North line of the NW 3 of said Section 19, a distance of 1265.9 feet, more or less, to the West line of said NW 3;

THENCE North along said West line to the Northwest corner of said Section 19, at Hayden Avenue;

THENCE North along the East lines of said Sections 13 and 12 to the 3 section corner common to said Section 12, Township 51 North, Range 4 West, and said Section 7, Township 51 North, Range 3 West, being on the centerline of Strahorn Road;

THENCE North 0°03'45" East, 770.8 feet along the West line of the NW 3 of said Section 7 and also being the centerline of Strahorn Road;

THENCE Northeasterly along said centerline to the North line of said Section 7;

THENCE West along the North line of said Section 7 to the Northwest corner thereof (corner to said Sections 1, 12, 6, and 7);

THENCE North along the East line of said Section 1 to the Northeast corner thereof (corner common to Sections 1, 6, 31, and 36);

THENCE West along the North line of said Section 1 and the North lines of Sections 2, 3, and 4, Township 51 North, Range 4 West Boise Meridian, to the Northwest corner of said Section 4;

THENCE South along the West line of Sections 4, 9, 16, and 21, Township 51 North, Range 4 West Boise Meridian, to the Southwest corner of said Section 21, the POINT OF BEGINNING.

2. Exclusive Tier For The City Of Post Falls: Lands not within the city limits of the city of Post Falls, but situated within the following legal description, shall fall within the exclusive area of city impact for the city of Post Falls.

The exclusive tier for the City of Post Falls shall consist of all of Sections 25, 26, 27, 28, 32, 33, 34, 35, and 36, Township 51 North, Range 5 West Boise Meridian; a part of Sections 22, 23, 24, and 31, Township 51 North, Range 5 West Boise Meridian; all of Sections 19, 29, 30, 31, and 32, Township 51 North, Range 4 West Boise Meridian; all of Sections 5 and 6, Township 50 North, Range 4 West Boise Meridian; that part of Sections 7 and 8, Township 50 North, Range 4 West Boise Meridian lying North of the Spokane River; all of Sections 1, 2, and 6, Township 50 North, Range 5 West Boise Meridian; part of Sections 3, 4, 5, 7, 8, 11, and 12, Township 50 North, Range 5 West Boise Meridian; and part of Sections 1 and 12, Township 50 North, Range 6 West Boise Meridian, Kootenai County, Idaho; more particularly described as follows:

BEGINNING at the Northwest corner of Section 28, Township 51 North, Range 5 West, Boise Meridian;

THENCE Easterly along the North section line to the Northeast corner of said Section 28, also being the Southwest corner of Section 22, Township 51 North, Range 5 West;

THENCE Northerly along the West section line of the Southwest quarter of Section 22 to the West quarter corner of said section;

THENCE Easterly along the north line of the South 1/2 of said Section 22, to the east quarter corner;

THENCE continuing Easterly along the north line of the South 1/2 of Sections 23 and 24 to the east quarter corner of said Section 24;

THENCE continuing Easterly along the North line of the Southwest 1/4 of Section 19, Township 51 North, Range 4 West, to the center of said section;

THENCE Southerly along the East line of the Southwest 1/4 of Section 19 to the South quarter corner of said section;

THENCE Easterly along the North section line of Section 30 and Section 29, Township 51 North, Range 4 West, to the Northeast corner of said Section 29;

THENCE Southerly along the centerline of Huetter Road to the Southeast corner of Section 5, Township 50 North, Range 4 West;

THENCE Southerly along the East line of Section 8, Township 50 North, Range 4 West, to a point on the North bank of the Spokane River;

THENCE Westerly along the North bank of the Spokane River and existing city limits to a point on the East right-of-way line of Spokane Street where it meets the river;

THENCE Southerly along the East side of the Spokane Street bridge across the Spokane River and along the East line of Spokane Street to the north side of Park Way Drive, also being the North line of Section 10, Township 50 North, Range 5 West;

THENCE Westerly along the North line of Section 10, Township 50 North, Range 5 West, to the Northwest corner of said section;

THENCE Northerly along the East line of Section 4, Township 50 North, Range 5 West, to a point on the South bank of the South channel of the Spokane River;

THENCE Westerly along the South bank of the South channel of the Spokane River to the main channel and continuing Westerly along the centerline of the Spokane River to the Washington State line;

THENCE Northerly along the Washington State line to a point on the South right-of-way line of Seltice Way;

THENCE Northeasterly along the Southeast boundary of the City of Stateline to where it intersects with the North right-of-way line of Seltice Way;

THENCE Easterly along Seltice Way to a point that is the Northwest corner of the Northeast quarter of the Northeast quarter of Section 6, Township 50 North, Range 5 West;

THENCE Northerly to a point that is the Northwest corner of the Northeast quarter of the Northeast quarter of Section 31, Township 51 North, Range 5 West;

THENCE Easterly along the North section line of Sections 31 and 32, Township 51 North, Range 5 West, to the Northeast corner of said Section 32;

THENCE Northerly along the West section line of Section 28, Township 51 North, Range 5 West, to the Northwest corner of said Section, being the POINT OF BEGINNING.

3. Exclusive Tier For The City Of Rathdrum: Lands not within the city limits of the city of Rathdrum, but situated within the boundaries of the following described area, shall fall within the exclusive area of city impact for the city of Rathdrum.

The exclusive tier for the City of Rathdrum shall consist of all of Sections 5 and 6, and portions of Sections 2, 7, 8 and 10, Township 51 North, Range 4 West, Boise Meridian, together with all of Sections 1, 11 and 12, Township 51 North, Range 5 West, Boise Meridian, together with all of Sections 19, 29, 30, 31 and 32, and portions of Sections 20 and 21, Township 52 North, Range 4 West, Boise Meridian, together with all of Sections 23, 24, 25, 26, 35 and 36, Township 52 North, Range 5 West, Boise Meridian, all in Kootenai County, Idaho, and being more particularly described as follows:

BEGINNING at the Southwest corner of Section 10, Township 51 North, Range 5 West;

THENCE along the West line of said Section 10, Northerly, 790 feet, more or less, to the centerline of State Highway No. 53, as it now exists;

THENCE along the centerline of State Highway No. 53, as it now exists, Northeasterly, 13,220 feet, to a point of intersection with the Southerly extension of the East boundary line of that parcel of land described in the Warranty Deed recorded as Instrument No. 1715425, hereinafter referred to as the "1715425 Parcel";

THENCE along said East boundary line of said "1715425 Parcel", Northerly, 430.37 feet, more or less, to the Northeast corner thereof;

THENCE Northerly, 564.88 feet, more or less, to the Southwest corner of Block 1, of the plat of "Raging Bull", recorded in Book J of Plats, Page 141;

THENCE along the West boundary line of said Block 1, Northerly, 375.88 feet, more or less, to an angle point in said Block 1;

THENCE continuing along said West boundary line of Block 1, Westerly, 150 feet, more or less, to an angle point;

THENCE continuing along said West boundary line of Block 1, Northerly, 868.36 feet, more or less, to the Northwest corner thereof;

THENCE along the Northerly extension of said West boundary line of Block 1, being coincidental with the West boundary line of that parcel of land described in the document recorded as Instrument No. 1417172, Northerly, 108.46 feet, more or less, to a point of intersection with the North line of the Southeast Quarter of the Southeast Quarter of Section 35, Township 52 North, Range 5 West;

THENCE along said North line of the Southeast Quarter of the Southeast Quarter of Section 35, Easterly, 809.92 feet, more or less, to the Northeast corner thereof, on the East line of said Section 35;

THENCE along said East line of Section 35, Northerly, 3,960 feet, more or less, to the Northeast corner thereof, being coincidental with the Southeast corner of Section 26, Township 52 North, Range 5 West;

THENCE along the North line of said Section 35, being coincidental with the South line of said Section 26, Westerly, 5,280 feet, more or less, to the Northwest corner of said Section 35, being coincidental with the Southwest corner of said Section 26;

THENCE along the West line of Section 26, Township 52 North, Range 5 West, Northerly, 5,280 feet, more or less, to the Northwest corner thereof;

THENCE along the North line of said Section 26, being coincidental with the South line of Section 22, Township 52 North, Range 5 West, Easterly, to the Southeast corner of said Section 22, being coincidental with the Southwest corner of Section 23, Township 52 North, Range 5 West;

THENCE along the West line of said Section 23, Northerly, 5,280 feet, more or less, to the Northwest corner thereof;

THENCE Easterly along the North line of said Section 23 and Section 24, Township 52 North, Range 5 West;

THENCE continuing Easterly along the North line Section 19, Township 52 North, Range 4 West to the Northeast corner thereof;

THENCE Southerly along the East line of the Northeast quarter of said Section 19 to the East quarter corner thereof, being also the West quarter corner of said Section 20;

THENCE Easterly along the North line of the Southwest quarter of said Section 20, to the center quarter thereof;

THENCE along the North line of the Southeast quarter of said Section 20 to the East quarter corner thereof, being also the West quarter corner of Section 21 of said Township 52 North, Range 4 West;

THENCE along the North line of the Southwest quarter of said Section 21, a distance of 2,100 feet, more or less, to a point on the northerly line of the Burlington Northern Santa Fe right-of-way;

THENCE along said right-of-way southwesterly a distance of 2,850 feet, more or less, to a point on the West line of Section 21, being also the East line of Section 20;

THENCE along the West line of Section 21, being also the East line of Section 20 a distance of 750 feet, more or less, to the Southwest corner of Section 21, being also the Southeast corner of Section 20;

THENCE Southerly along the East line of Section 29 and Section 32 to the Southeast corner thereof;

THENCE Southerly along the East line of said Section 5, to the Southeast corner thereof, being also the Northeast corner of Section 8 of Township 51 North, Range 4 West;

THENCE Southerly along the East line of the Northeast quarter of said Section 8, to the East quarter corner thereof;

THENCE Westerly along the South line of said Northeast quarter of Section 8 to the center quarter thereof;

THENCE along the South line of the Northwest quarter of said Section 8, to the West quarter corner thereof, being also the Southeast corner of the Northeast quarter of Section 7, Township 51 North, Range 4 West;

THENCE along the South line of the Northeast quarter of said Section 7, to the center quarter corner thereof;

THENCE Southerly along the East line of the Southwest Quarter of said Section 7 to the South quarter corner thereof;

THENCE Westerly along the South line of said Southwest Quarter of Section 7, to the Southwest corner thereof;

THENCE continuing Westerly along the South line of Sections 12, 11, and 10 to the Southwest corner of said Section 10, Township 51 North, Range 5 West; being the TRUE POINT OF BEGINNING.

4. Line Of Demarcation; City Of Rathdrum: The Line of Demarcation for the City of Rathdrum lies within or adjacent to portions of Sections 19 and 30, Township 52 North, Range 4 West, and also portions of Sections 25, 35 and 36, Township 52 North, Range 5 West, and also a portion of Section 2, Township 51 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, said Line of Demarcation being more particularly described as follows:

BEGINNING at the Southeast corner of that parcel of land described in the Warranty Deed recorded as Instrument No. 1715425, located upon the Northerly line of the Right-of-Way for State Highway No. 53, as it now exists;

THENCE along said Northerly line of the Right-of-Way for State Highway No. 53, 4700 feet, more or less, to a point of intersection with the East line of the Southwest Quarter of Section 36, Township 52 North, Range 5 West;

THENCE along said East line of the Southwest Quarter of Section 36 and the West line of the Northeast Quarter of said Section 36, Northerly, 3150 feet, more or less, to the Northwest corner of said Northeast Quarter of Section 36, being coincidental with the Southwest corner of the Southeast Quarter of Section 25, Township 52 North, Range 5 West;

THENCE along the South line of said Section 25, Easterly, 1320 feet, more or less, to the Southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 25;

THENCE along the West line of said Southeast Quarter of the Southeast Quarter of said Section 25, Northerly, 1320 feet, more or less, to the Northwest corner thereof;

THENCE along the North line of said Southeast Quarter of the Southeast Quarter of Section 25, Easterly, 1320 feet, more or less, to the Northeast corner thereof, on the East line of said Section 25, being coincidental with the West line of Section 30, Township 52 North, Range 5 West;

THENCE along said West line of Section 30, Northerly, 1320 feet, more or less, to the Southwest corner of the West Half of the Northwest Quarter of said Section 30;

THENCE along the South line of said West Half of the Northwest Quarter of said Section 30, Easterly, 1320 feet, more or less, to the Southeast corner thereof;

THENCE along the East line of said West Half of the Northwest Quarter of said Section 30, Northerly, to the Northwest corner of the parcel of land described in the Quitclaim Deed recorded as Instrument No. 1539659, said parcel being the South 660 feet of the North 868.71 feet of the Northeast Quarter of the Northwest Quarter of said Section 30 and being hereinafter referred to as the "1539659 Parcel";

THENCE along the North boundary line of said "1539659 Parcel", Easterly, 1320 feet, more or less, to the Northeast corner thereof, on the East line of said Northeast Quarter of the Northwest Quarter of Section 30;

THENCE along said East line of said Northeast Quarter of the Northwest Quarter of Section 30, and along the West line of the Southwest Quarter of the Southeast Quarter of Section 19, Township 52 North, Range 4 West, Northerly, 1320 feet, more or less, to the Northwest corner of said Southwest Quarter of the Southeast Quarter of Section 19;

THENCE along the North line of said Southwest Quarter of the Southeast Quarter of Section 19, Easterly, 1320 feet, more or less, to the Northeast corner thereof, being coincidental with the Southwest corner of the Northeast Quarter of said Southeast Quarter of Section 19;

THENCE along the West line of said Northeast Quarter of said Southeast Quarter of Section 19, Northerly, 1320 feet, more or less, to the Northwest corner thereof;

THENCE along the North line of said Northeast Quarter of said Southeast Quarter of Section 19, Easterly, 1320 feet, more or less, to the Northeast corner thereof, located on the East line of said Section 19, and being the Terminus of the described Line of Demarcation.

C. Legal Description; Shared Tier: The shared tier shall generally constitute the balance of the Rathdrum Prairie that is not within the corporate limits of any other city and not within an exclusive area of city impact of any other city established by this article or of any other city established by prior ordinance and located within the area enclosed by the Washington state line to the west, Highway 53 to the north, Highway 95 to the east, and Interstate 90 to the south that is not within the exclusive tier of area of city impact. The shared tier is more particularly described as follows:

The shared tier for this Area of City Impact shall consist of all of Sections 17, 18, and 20, Township 51 North, Range 4 West; a portion of Sections 7, 8, and 19, Township 51 North, Range 4 West; all of Sections 13, 14, 15, and 21, Township 51 North, Range 5 West; a portion of Sections 16, 17, 20, 22, 23, 24, 30, and 31, Township 51 North, Range 5 West; all of Section 36 and a portion of Section 25, Township 51 North, Range 6 West; a portion of Section 6, Township 50 North, Range 5 West Boise Meridian; and a portion of Section 1, Township 50 North, Range 6 West Boise Meridian, Kootenai County, Idaho; more particularly described as follows:

BEGINNING at the Southeast corner of said Section 20, Township 51 North, Range 4 West B.M., being the intersection of Huetter Road and Prairie Avenue;

THENCE Northerly along the East section line of Sections 20, and 17, Township 51 North, Range 4 West, to the Northeast corner of said Section 17;

THENCE continuing Northerly along the east line of the Southeast quarter of Section 8, Township 51 North, Range 4 West, to the East quarter corner of said Section 8;

THENCE Westerly along the North line of the South 1/2 of Section 8 to the West quarter corner thereof, being also the Northeast corner of the Southeast quarter of Section 7, Township 51 North, Range 4 West;

THENCE continuing Westerly along the North line of the Southeast quarter of said Section 7, to the center quarter corner thereof;

THENCE Southerly along the East line of the Southwest Quarter of said Section 7 to the South quarter corner thereof;

THENCE Westerly along the South line of said Southwest Quarter of Section 7, to the Southwest corner thereof;

THENCE continuing Westerly along the South line of Sections 12, 11, and 10 to the Southwest corner of said Section 10, Township 51 North, Range 5 West;

THENCE continuing Westerly along the North line of Section 16, Township 51 North, Range 5 West, to a point on the center line of State Highway 53;

THENCE Southwesterly along the center line of State Highway 53 to a point on the East section line of Section 17, Township 51 North, Range 5 West;

THENCE continuing along the center line of State Highway 53 to a point on the South section line of Section 17, Township 51 North, Range 5 West;

THENCE continuing along the center line of State Highway 53 to a point on the North-South center section line of Section 20, Township 51 North, Range 5 West;

THENCE Southerly on the North-South center section line of said section 20, 4550 feet, more or less, to the South quarter corner of said section;

THENCE continuing Southerly along the East line of the North 1/2 of the Northwest 1/4 of Section 29, Township 51 North, Range 5 West to the Southeast corner of said North 1/2 of the Northwest 1/4;

THENCE Westerly along the South line of said North 1/2 of the Northwest 1/4 of Section 29 to the southwest corner of said North 1/2 of the Northwest 1/4;

THENCE continuing Westerly along the South line of the North 1/2 of the Northeast 1/4 of Section 30 a distance of 1400 feet, more or less, to a point on the Southerly line of Bonneville Power Administration, Avista (a.k.a. Washington Water Power), and Pacific Gas and Transmission easements as they cross Section 30, Township 51 North, Range 5 West;

THENCE Southwesterly along the Southerly line of said easements a distance of 4600 feet, more or less, to a point on the West section line of Section 30, also being the Northeast corner of the South 1/2 of the Southeast 1/4 of Section 25, Township 51 North, Range 6 West;

THENCE Westerly along the North line of said South 1/2 of the Southeast 1/4 of Section 25;

THENCE continuing Westerly along the North line of the South 1/2 of the Southwest 1/4 of said Section 25 to a point on the Idaho State line;

THENCE Southerly along the State line to the Northwest corner of the City of Stateline;

THENCE Northerly and Easterly along the North boundary of the City of Stateline to where it intersects with the North right-of-way line of Seltice Way;

THENCE Easterly along Seltice Way to a point that is the Northwest corner of the Northeast quarter of the Northeast quarter of Section 6, Township 50 North, Range 5 West;

THENCE Northerly to a point that is the Northwest corner of the Northeast quarter of the Northeast quarter of Section 31, Township 51 North, Range 5 West;

THENCE Easterly along the North section line of Section 31, Township 51 North, Range 5 West, to the Northeast corner of said Section 31;

THENCE Easterly along the North section line of Section 32, Township 51 North, Range 5 West, to the Northeast corner of said Section 32;

THENCE Northerly along the West section line of Section 28, Township 51 North, Range 5 West, to the Northwest corner of said Section;

THENCE Easterly along the North section line to the Northeast corner of said Section 28, also being the Southwest corner of Section 22, Township 51 North, Range 5 West;

THENCE Northerly along the West section line of the Southwest quarter of Section 22 to the West quarter corner of said section;

THENCE Easterly along the North line of the South 1/2 of said Section 22, to the East quarter corner;

THENCE continuing Easterly along the North line of the South 1/2 of Sections 23 and 24 to the East quarter corner of said Section 24;

THENCE continuing Easterly along the North line of the Southwest 1/4 of Section 19, Township 51 North, Range 4 West, to the center of said section;

THENCE Southerly along the East line of the Southwest 1/4 of Section 19 to the South quarter corner of said section;

THENCE Easterly along the North section line of Section 30 and Section 29, Township 51 North, Range 4 West, to the Northeast corner of said Section 29, said corner also being the Southeast corner of Section 20, Township 51 North, Range 4 West B.M., the intersection of Huetter Road and Prairie Avenue and the POINT OF BEGINNING.

D. Map: The exclusive tier areas of city impact for the cities of Hayden, Post Falls and Rathdrum, and the shared tier as described in this article, shall be as set forth in section 8.10.710, illustrations 10-701 through 10-704 of this article. (Ord. 493, 6-9-2016)

8.10.710: ILLUSTRATIONS:

ILLUSTRATION 10-701

COORDINATED AREA OF CITY IMPACT MAP

ILLUSTRATION 10-702

RATHDRUM EXCLUSIVE TIER

Showing Line Of Demarcation

ILLUSTRATION 10-703

POST FALLS EXCLUSIVE TIER AND SHARED TIER

ILLUSTRATION 10-704

HAYDEN EXCLUSIVE TIER

(Ord. 493, 6-9-2016)

8.10.801: PURPOSE:

The purpose of establishing the new Hayden Lake 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 with the adopted comprehensive plan of the city and to ensure timely or economical provision of public service, and to protect and sustain existing public services and residential communities, and to promote traffic flow objectives, conform with the comprehensive plan and zoning regulations of the city of Hayden Lake, and protect the safety of all users of city streets affected by increased traffic from land use decisions in the Hayden Lake area of city impact. Traffic safety, bicycling safety and pedestrian safety are substantial governmental goals furthered by this article. (Ord. 493, 6-9-2016)

8.10.802: AREA OF CITY IMPACT DEFINED:

The new area of city impact shall consist of an area where development or use of land affects or may affect the city of Hayden Lake in consideration of trade areas, geographic factors, and areas that can reasonably be expected to be annexed to the city in the future. (Ord. 493, 6-9-2016)

8.10.803: STANDARDS:

Upon adoption by the city and county, the following standards shall apply wherever 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, other land use decision, or subdivision plat within the area of city impact:

A. The Kootenai County comprehensive plan;

B. The subdivision regulations set forth in chapter 6 of this title;

C. The zoning regulations set forth in this title as amended for application within the area of city impact;

D. The site disturbance regulations set forth in chapter 7, article 7.1 of this title;

E. Except as set forth above, all other applicable standards set forth in this code;

F. The city of Hayden Lake standards for street, bicycle access, pedestrian usage and traffic calming devices, which may include dedication requirements and provisions for future street improvements; and

G. Except as set forth above, all other standards of applicable special districts having jurisdiction within the identified area of city impact.

H. No application for a preliminary plat within the area of city impact shall be accepted by the county as complete until the city of Hayden Lake city engineer attests in writing that either traffic flow from the subdivision will not impact city streets or that appropriate measures have been addressed by the applicant to improve traffic, bicycling and pedestrian safety along affected city streets, or that the applicant and the city have not come to an agreement on appropriate measures to improve traffic, bicycling and pedestrian safety along affected city streets. The city shall provide review and comment to the applicant in a timely manner. (Ord. 493, 6-9-2016)

8.10.804: ENFORCEMENT:

A. Kootenai County shall be responsible for the administration and enforcement of county ordinances and regulations within the area of city impact and shall, except as otherwise provided, receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications, any development fees such as park land dedication fees, or other costs arising from fulfilling the terms of each ordinance or regulation.

B. The city of Hayden Lake shall receive its adopted applicable fees within the area of city impact, for design review and inspections performed in evaluating traffic flow and inspecting, designing and implementing traffic calming devices and other street improvements to address traffic, bicycling and pedestrian safety. (Ord. 493, 6-9-2016)

8.10.805: HEARING PROCEDURES WITHIN THE AREA OF CITY IMPACT:

A. All applications for subdivision plats, zone change, comprehensive plan amendment, variances, conditional use, planned unit development, and limited planned unit development within the area of city impact shall be heard by Kootenai County. Upon receipt of an application, the county shall forward to the city a copy of the application and related material. The city shall have thirty (30) days after receipt of the same, but prior to the scheduling of any public hearing, to comment on such application.

B. Prior to amendment by the county of any ordinance which is 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. The city shall have thirty (30) days after receipt of the same, but prior to the scheduling of any public hearing, to comment on such amendment.

C. Prior to amendment by the city of any ordinance which is applicable in the area of city impact or any annexation, the city shall forward the proposed change or request for annexation to the county for review and comment at least thirty (30) days prior to the first public hearing at which such amendment or annexation will be considered. The county shall have thirty (30) days after receipt of the same for comment. (Ord. 493, 6-9-2016)

8.10.806: ANNEXATION:

A. Annexation by the city of Hayden Lake shall be limited to those lands lying within the area of city impact and being contiguous to the city limits of the city of Hayden Lake. Upon annexation, the provisions of this article, which is the agreement between the city of Hayden Lake and Kootenai County, shall no longer apply to the annexed area. (Ord. 493, 6-9-2016)

8.10.807: GEOGRAPHIC AREAS OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted area of city impact is hereby established and shown on the map entitled "Hayden Lake area of city impact" as set forth in illustration 10-801 of this section.

ILLUSTRATION 10-801

HAYDEN LAKE AREA OF CITY IMPACT MAP

B. Legal Description: A legal description for the area of city impact for the city of Hayden Lake, Idaho, being portions of Section 7, Section 9, Section 16, Section 17, Section 18, Section 19 and all of Section 8, all located in Township 51 North, Range 3 West, Boise Meridian, Kootenai County, Idaho, more particularly described as follows:

BEGINNING at the southwest corner of said Section 18;

THENCE, northerly along the west line of said Section 18 and said Section 7, to the southwest corner of Lot 1, Block 26, Avondale on Hayden Third Addition, on the northerly right- of-way line of Strahorn Road;

THENCE, leaving said west line, in a generally northeasterly direction, along the northerly right-of-way of Strahorn Road, and the northeasterly extension thereof, to a point of intersection with the north line of said Section 7;

THENCE, easterly along the north line of said Section 7 to a point of intersection with the northerly extension of the east line of Lot 6, Block 25, Avondale on Hayden Third Addition;

THENCE, southerly along said line, and continuing southerly along the east lines of Lots 5 and 4, Block 25, Avondale on Hayden Third Addition, to the southeast corner of said Lot 4, said point also being the northwest corner of lot 5, Block 11, Avondale on Hayden Second Addition;

THENCE, easterly along the north lines of Lots 5, 4, 3, 2, and 1, Block 11, Avondale on Hayden Second Addition, to the northeast corner of said Lot 1, said point also being on the northerly right-of-way line of St. James Avenue;

THENCE, easterly on said northerly right-of-way line of St. James Avenue to the northwest corner of Lot 1, Block 28, Avondale on Hayden Fourth Addition;

THENCE, easterly along the northerly property lines of Lots 1, 2, and 3, Block 28, Avondale on Hayden Fourth Addition, to the point of intersection with the westerly line of Lot 2, Block 42, Avondale on Hayden Ninth Addition;

THENCE, northwesterly along said westerly line to the northwest corner of said Lot;

THENCE, northeasterly along the northerly line of said Lot 2 to the northeast corner of said Lot; said point also being on the westerly right-of-way line of St. James Avenue;

THENCE, northeasterly across said St. James Avenue to the northwest corner of Lot 4, Block 41, Avondale on Hayden Ninth Addition, said point also being on the easterly right- of-way line of said St. James Avenue;

THENCE, northeasterly along the northerly line of said Lot 4 to the northernmost northeast corner of said Lot, said point also being on the westerly line of dedicated right-of-way for Common Space;

THENCE, southeasterly across said Common Space to the northernmost corner of Lot 8, Block 45, Avondale on Hayden Eleventh Addition, said Point also being on the easterly right-of-way for said Common Space;

THENCE, southeasterly along the line common to said Lot 8 and Lot 9, Block 45, Avondale on Hayden Eleventh Addition, to the southernmost corner of said Lot 9, said point also being on the northerly right-of-way line of York Court;

THENCE, northeasterly along said right-of-way line and the extension thereof, to a point of intersection with the west line of said Section 8;

THENCE, northerly along the west line of said Section 8 to the northwest corner of said Section;

THENCE, easterly along the north line of said Section to the northeast corner of said Section, also being the northwest corner of Section 9;

THENCE, easterly along the north line of Section 9 to the northeast corner of said Section;

THENCE, southerly along the east line of Section 9 to the point of intersection with the shore line of Hayden Lake;

THENCE, along said shore line in a generally southwest direction to the point of intersection of the north line of Section 16 with said shore line,

THENCE, continuing along said shore line in a generally southwest direction to the point of intersection of the east line of said Section 17 with said shore line,

THENCE, continuing along said shore line in a generally westward direction to the point of intersection of the eastern city boundary of the City of Hayden Lake;

THENCE, continuing along said shore line in a generally southwest direction to the point of intersection of the east line of Section 18 with said shore line;

THENCE, continuing along said shore line in a generally southwest direction to the point of intersection of the north line of said Section 19 with said shore line;

THENCE, continuing along said shore line in a southerly direction to the southeast corner of that real property described in Book 91, Page 514, Kootenai County Records, a.k.a. Tax No. 1560, in said Section 19;

THENCE, westerly along the south line and its extension of said parcel to the westerly right-of-way of Chalet Road;

THENCE, in a generally northeasterly direction, along said right-of-way to its intersection with the easterly extension of the south line of Block 13, Hayden Lake Country Homes;

THENCE, along the south line of said Block 13, and the easterly and westerly extensions thereof, to the west line of said Section 19;

THENCE, northerly along the west line of said Section 19 to the southwest corner of said Section 18, which is the POINT OF BEGINNING.

EXCEPTING THEREFROM, all parcels within the city limits of the City of Hayden Lake.

C. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 493, 6-9-2016)

8.10.901: GOALS AND OBJECTIVES:

A. Goals:

1. Kootenai County and the city of Huetter desire to adopt an area of city impact to enhance and encourage planned, orderly growth and development where urban services can be most efficiently and economically provided.

2. Kootenai County and the city of Huetter desire to preserve and enhance the quality of life within the area of city impact.

3. Kootenai County and the city of Huetter recognize a mutual intent to protect the Rathdrum Prairie Aquifer from further pollution.

4. Kootenai County and the city of Huetter recognize a mutual intent to protect the investments of both present and future property owners in the area of city impact and to minimize the disruptive impacts of uncoordinated growth upon those property owners.

5. Kootenai County and city of Huetter recognize a mutual intent to make efficient use of local tax dollars through policies encouraging development within the area of city impact.

B. Objectives: To accomplish the above goals, Kootenai County and the city of Huetter agree to the following objectives as a means of accomplishing the foregoing goals:

1. Encourage and contain urban development within the city of Huetter and its area of city impact and preserve farmland and open space by discouraging development outside the area of city impact.

2. Provide, through the use of joint planning powers, for continuity and consistency between city and county developments within the area of city impact.

3. Develop a plan for the orderly annexation of land within the area of city impact.

4. Provide, through land use planning, for the orderly extension of urban services such as sewerage disposal, urban roads and streets, domestic water, refuse disposal, storm drainage and public safety services (urban fire protection, law enforcement and emergency medical services).

5. Develop appropriate policies, ordinances, and techniques to enhance and protect the public health, safety, comfort and general welfare.

6. Review the area of city impact boundary annually and adjust as necessary. (Ord. 493, 6-9-2016)

8.10.902: TERMS OF THE AREA OF CITY IMPACT:

A. Upon annexation of any portion of the area of city impact into the city of Huetter, the provisions of this agreement shall no longer apply to such annexed areas.

B. The city of Huetter shall limit its annexation to those lands within its area of city impact. If the city of Huetter wishes to annex lands outside of its area of city impact, it shall renegotiate its area of city impact boundary with Kootenai County in accordance with subsection 67-6526(d), Idaho Code.

C. The comprehensive plan for Kootenai County, adopted and amended by Kootenai County as of December 30, 2010, shall apply within the unincorporated lands within the Huetter area of city impact.

D. The official zoning map of Kootenai County and the regulations set forth in this title shall apply within the unincorporated lands within the Huetter area of city impact.

E. All zoning, planning and development applications of Kootenai County shall be sent to the city of Huetter in accordance with the referral process agreement as included in section 8.10.903 of this article. (Ord. 493, 6-9-2016)

8.10.903: REFERRAL PROCESS AGREEMENT:

A. Amendment Of County Comprehensive Plan And County Zoning And Subdivision Ordinance: All amendments to the Kootenai County comprehensive plan and to the text of this title shall be received by the city of Huetter for comment at least twenty (20) days prior to any county public hearing on said amendments. Any comment by the city of Huetter on said amendments shall be made to Kootenai County community development in writing prior to or at said county public hearing. Kootenai County community development shall notify the city of Huetter, in writing, of the county's recommendation and action on said amendments within the Huetter area of city impact within twenty (20) days following a recommendation or action on such matter.

B. Processing County Planning, Zoning And Development Applications In The Huetter Area Of City Impact:

1. The director of Kootenai County community development shall coordinate the implementation of this title within the Huetter area of city impact with the city of Huetter so that applications are administered as consistently as possible with the two (2) jurisdictions.

2. All county zone change, conditional use, variance, subdivision, planned unit development and comprehensive plan amendment applications sent to the city of Huetter shall be received by the city council of Huetter twenty (20) days prior to any county public hearing on said applications. The city council of Huetter shall make recommendations to Kootenai County on said applications in writing. Said recommendations shall be received by Kootenai County community development no later than fifteen (15) days after the city council of Huetter has received said applications.

3. The board of commissioners, the county planning and zoning commission and the county hearing examiner shall not hold a public hearing on said applications until the recommendation of the city council of Huetter has been received or the date of county receipt of the city council's recommendation, specified above, has passed.

4. Kootenai County community development shall notify the city of Huetter in writing of the county's recommendations and actions on said applications within the Huetter area of city impact within twenty (20) days following a recommendation or action on such matter. (Ord. 493, 6-9-2016)

8.10.904: RENEGOTIATION:

In accordance with Idaho Code 67-6526(d), the city of Huetter or Kootenai County may request in writing to renegotiate any provision of this agreement at any time. Within thirty (30) days of receipt of such request by either party, a meeting between the two (2) jurisdictions shall occur. While renegotiation is occurring, all provisions of this article shall remain in effect until this article is amended or a substitute ordinance is adopted by the city of Huetter and Kootenai County, in accordance with the notice and hearing procedures provided in title 67, chapter 65 of Idaho Code or until a declaratory judgment from the district court is final. Provided, however, that this article or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree in writing. (Ord. 493, 6-9-2016)

8.10.905: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted area of city impact is hereby established and shown on the map entitled "Huetter area of city impact" as set forth in illustration 10-901 of this section.

ILLUSTRATION 10-901

HUETTER AREA OF CITY IMPACT MAP

B. Legal Description: The area of city impact for the city of Huetter is hereby legally described as follows:

Beginning at a point where the south right-of-way boundary of the Interstate 90 freeway intersects a line on the east side of the NW 1/4 of the SW 1/4 of Section 4, Twp. 50N., R. 4W., B.M., thence, South along said line to the mean high water line lying on the north side of the Spokane River in Section 9, Twp. 50N., R. 4W., B.M., thence west along said mean high water line to a point intersecting a line on the west side of the NE 1/4 of the NE 1/4 of Section 8, Twp. 50N., R. 4W., B.M., thence north along said line to a point on the south right-of-way boundary of the Interstate 90 freeway in Section 5, Twp. 50N., R. 4W., B.M., thence east along said right-of-way boundary to the POINT OF BEGINNING.

C. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence.

D. Interpretation: If a property under single ownership is divided by the boundary line of the Huetter area of city impact and that said line divides the property so that one or both of the parties has a depth of three hundred feet (300') or less, the remainder or larger portion of the property may be negotiated with the city of Huetter and Kootenai County to be included in the Huetter area of city impact. (Ord. 493, 6-9-2016)

8.10.1201: PURPOSE:

The purpose of establishing the Spirit Lake area of city impact is to identify an urban fringe area adjoining the city of Spirit Lake, Idaho. The urban fringe area is realizing, or will realize, growth and development pressures that must be planned and managed in an orderly fashion. The area of city impact recognizes trade area, geographic factors, and the potential delivery of public services as being associated with the city of Spirit Lake and comprised of areas that may reasonably be annexed to the city in the near and distant future. (Ord. 493, 6-9-2016)

8.10.1202: GOALS:

The city of Spirit Lake and Kootenai County:

A. Desire to adopt an area of city impact to enhance and encourage planned, orderly growth and development where urban services can be most efficiently and economically provided;

B. Desire to preserve and enhance the quality of life within the area of city impact;

C. Recognize a mutual intent to protect the Spirit Lake watershed area from further pollution;

D. Recognize a mutual intent to protect the investments of both present and future property owners in the area of city impact and to minimize the disruptive impacts of uncoordinated growth upon those property owners; and

E. Recognize a mutual intent to make efficient use of local tax dollars through the policies encouraging development within the area of city impact. (Ord. 493, 6-9-2016)

8.10.1203: GEOGRAPHIC AREA OF CITY IMPACT ESTABLISHED AND DEFINED:

The officially adopted and agreed upon "area of city impact for Spirit Lake, Idaho" is hereby established, and is set forth on the map entitled "Spirit Lake area of city impact" in illustration 10-1201 of this section. The area of city impact shall be known as area 1. The map also defines the Spirit Lake watershed notification area, which shall be known as area 2.

ILLUSTRATION 10-1201

SPIRIT LAKE AREA OF CITY IMPACT MAP

(Ord. 493, 6-9-2016)

8.10.1204: COMPREHENSIVE PLAN:

The comprehensive plan and subsequent amendments thereto as officially adopted by the county of Kootenai, Idaho, shall apply to the area of city impact, area 1, and area 2, within the unincorporated area of Kootenai County, Idaho. The city of Spirit Lake shall amend its comprehensive plan to be consistent with the Kootenai County comprehensive plan, if in conflict. (Ord. 493, 6-9-2016)

8.10.1205: SUBDIVISION ORDINANCE:

The subdivision regulations set forth in chapter 6 of this title and subsequent amendments thereto as officially adopted by the county of Kootenai, Idaho, shall apply to area 1 and area 2 within the unincorporated area of Kootenai County, Idaho. The subdivision regulations set forth in chapter 6 of this title shall also prevail over any city ordinances pertaining to the division of original parcels of record, plat amendments, lot line adjustments, minor subdivisions, short plats, or administrative lot splits. (Ord. 493, 6-9-2016)

8.10.1206: OTHER ORDINANCES:

The zoning regulations set forth in this title, zoning map, other applicable provisions of this code, and subsequent amendments thereto, as officially adopted by the county shall apply to area 1 and area 2 within the unincorporated area of Kootenai County, Idaho. (Ord. 493, 6-9-2016)

8.10.1207: CODE AND ORDINANCE ADMINISTRATION AND ENFORCEMENT:

A. Kootenai County shall be responsible for the administration and enforcement of the plan and ordinances listed in sections 8.10.1204, 8.10.1205 and 8.10.1206 of this article, and shall receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications, or other costs arising from fulfilling the terms of each ordinance or regulation.

B. Amendments to the Kootenai County comprehensive plan, requests for preliminary and final plats or the vacation thereof, requests for zone changes or any other type of development applications, involving property located in area 1 or area 2 within the unincorporated area of Kootenai County being proposed shall be reviewed by the city in accordance with titles 50 and 67, Idaho Code, who will give comments and/or a recommendation to the county for approval, denial, or the placement of special conditions.

C. Upon application to the county for a land use request, the county shall provide written notice and a copy of the application to the city. The city shall have thirty (30) days to comment after receipt of the notice, prior to any public hearing on said request. The city agrees to return a response even if they have no comment on the application to acknowledge receipt of the application. If the city does not respond within the time period, it shall be presumed that it approves the application. Kootenai County community development shall notify the city of Spirit Lake, in writing, of the county's recommendations and actions on said applications within the Spirit Lake area of city impact within thirty (30) days following a recommendation or action on such matter.

D. The city agrees not to annex any property outside of area 1 of its established area of city impact, even if a petition from such property owner has been received, but reserves the right to renegotiate the area of city impact, area 1 and area 2 boundaries in the future.

E. Upon receiving a request for annexation within the area of city impact, the city agrees to notify the county and allow the county thirty (30) days to comment on such request prior to any public hearing on the request.

F. The city of Spirit Lake shall appoint a member on its planning and zoning commission to represent the area of city impact. This representative shall reside within area 1 of the area of city impact and shall be reappointed, upon any vacancy, by citizens also residing within area 1 of the area of city impact. (Ord. 493, 6-9-2016)

8.10.1208: RENEGOTIATION:

In accordance with subsection 67-6526(d), Idaho Code, the city of Spirit Lake or the county may request in writing to renegotiate any provision of this article at any time. Within thirty (30) days of receipt of such request by either party, a meeting between the two (2) jurisdictions shall occur. While renegotiation is occurring, all provisions of this article shall remain in effect until this article is amended or a substitute ordinance is adopted by the city of Spirit Lake and Kootenai County, in accordance with the notice and hearing procedures provided in title 67, chapter 65, Idaho Code, or until a declaratory judgment from the district court is final. Provided, however, that this article or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree in writing. (Ord. 493, 6-9-2016)

8.10.1209: LEGAL DESCRIPTION; PRECEDENCE:

A. Legal Description:

1. The area of city impact for the city of Spirit Lake (depicted as area 1 on the map contained in section 8.10.1203, illustration 10-1201 of this article) is hereby legally described as follows:

BEGINNING at the northeast corner of Section 4, Township 53 North, Range 4 West, Boise Meridian;

THENCE, west along the north line of Sections 4, 5, and 6, to the northwest corner of Section 6, Township 53 North, Range 4 West, B.M.;

THENCE, south along the west line of Sections 6, 7, and 18, to the southwest corner of Section 18, Township 53 North, Range 4 West, B.M.;

THENCE, east along the south line of Sections 18, 17, and 16, to the southeast corner of Section 16, Township 53 North, Range 4 West, B.M.;

THENCE, north along the east line of Sections 16, 9, and 4, to the northeast corner of Section 4, Township 53 North, Range 4 West, B.M., the point of beginning.

2. The watershed notification area for the city of Spirit Lake (depicted as area 2 on the map contained in section 8.10.1203, illustration 10-1201 of this article) is hereby legally described as follows:

BEGINNING at the northeast corner of Section 1, Township 53 North, Range 5 West, Boise Meridian;

THENCE, west along the north line of said Section 1 and Section 2, Township 53 North, Range 5 West, B.M., to a point that is the northwest corner of the northeast quarter of said Section 2;

THENCE, south along the west line of the northeast quarter of Section 2 to the southwest corner of said quarter section;

THENCE, west along the half section line of Sections 2, 3, and 4, to the northwest corner of the south 1/2 of Section 4, Township 53 North, Range 5 West, B.M.;

THENCE, south along the west line of said half section, to the northeast corner of Section 8, Township 53 North, Range 5 West, B.M.;

THENCE, west along the north line of Section 8, to the northwest corner of said section;

THENCE, south along the west line of Sections 8, 17, 20, and 29, to the half section line of Section 29, Township 53 North, Range 5 West, B.M.;

THENCE, east along the half section line of Sections 29, 28, 27, and 26, to the southeast corner of the north 1/2 of Section 26, Township 53 North, Range 5 West, B.M.;

THENCE, north along the east line of Section 26, to the southwest corner of Section 24, Township 53 North, Range 5 West, B.M.;

THENCE, east along the south line of Sections 24 and 19, to the southeast corner of Section 19, Township 53 North, Range 4 West, B.M.;

THENCE, north along the east line of Section 19, to the southwest corner of the north 1/2 of Section 20, Township 53 North, Range 4 West, B.M.;

THENCE, east along the south line of the half section to the southeast corner of said half section;

THENCE, north along the east line of Section 20, to the northeast corner of Section 20, Township 53 North, Range 4 West, B.M.;

THENCE, west along the north line of Sections 20 and 19, to the northwest corner of Section 19, Township 53 North, Range 4 West, B.M.;

THENCE, north along the east line of Sections 13, 12, and 1, to the northeast corner of Section 1, Township 53 North, Range 5 West, B.M., the point of beginning.

B. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 493, 6-9-2016)

8.10.1401: LEGISLATIVE PURPOSE:

The purpose for establishing an area of city impact is to identify an urban fringe area adjoining the city of Worley, Idaho. The urban fringe area has the potential to realize growth and development pressures that must be planned and managed in an orderly fashion. The area of city impact recognizes trade area, geographic factors, and the feasibility of public services associated with the city of Worley and is comprised of areas that may reasonably be annexed to the city in the future. (Ord. 493, 6-9-2016)

8.10.1402: COMPREHENSIVE PLAN:

The comprehensive plan and subsequent amendments thereto, as officially adopted by the county of Kootenai, Idaho, shall apply to the area of city impact within the unincorporated area of Kootenai County, Idaho. The city of Worley shall amend its comprehensive plan to be consistent with the Kootenai County comprehensive plan, if in conflict. (Ord. 493, 6-9-2016)

8.10.1403: SUBDIVISION ORDINANCE:

The subdivision regulations set forth in chapter 6 of this title and subsequent amendments thereto, as officially adopted by the county of Kootenai, Idaho, shall apply to the area of city impact within the unincorporated area of Kootenai County, Idaho. The subdivision regulations set forth in chapter 6 of this title shall also prevail over any city ordinances pertaining to the division of original parcels of record, plat amendments, lot line adjustments, minor subdivisions, short plats, or administrative lot splits. (Ord. 493, 6-9-2016)

8.10.1404: ZONING ORDINANCE:

The zoning regulations set forth in this title, zoning map, and subsequent amendments thereto as officially adopted by the county shall apply to the area of city impact within the unincorporated area of Kootenai County, Idaho. (Ord. 493, 6-9-2016)

8.10.1405: REVIEW:

The county acknowledges that the city of Worley is currently working on a subdivision and zoning ordinance and may wish to reopen this agreement upon completion of those ordinances in order to review whether they should be applied within the area of city impact. (Ord. 493, 6-9-2016)

8.10.1406: CODE AND ORDINANCE ADMINISTRATION AND ENFORCEMENT:

A. The county shall be responsible for the administration and enforcement of the plan and ordinances listed in sections 8.10.1402, 8.10.1403 and 8.10.1404 of this article, and shall receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications, and other costs arising from the process.

B. Amendments to the Kootenai County comprehensive plan, requests for preliminary and final plats or the vacation thereof, requests for zone changes or any other type of development applications, with the exception of building permits or development applications for agricultural purposes, involving property located in the area of city impact within the unincorporated area of Kootenai County being proposed shall be reviewed by the city council acting as the city planning and zoning commission in accordance with titles 50 and 67, Idaho Code, and will give a recommendation to the county for approval, denial, or the placement of certain conditions.

D. The city agrees not to annex any property outside of its established area of city impact, even if receiving a petition from such property owner, but reserves the right to renegotiate the area of impact boundaries in the future. Upon a request for annexation within the Worley area of city impact, the city agrees to notify the county and allow the county thirty (30) days to comment on such request. The county agrees to return a response even if they have no comment on the application. If no acknowledgment is received within the time period, the city agrees to confirm that notice was received by the county.

E. Maintenance of public streets located in the area of city impact shall be the exclusive responsibility of the Worley highway district unless otherwise stipulated by written agreement between the highway district and the city of Worley.

F. Law enforcement and fire services in the area of city impact shall be the exclusive responsibility of Kootenai County and the Worley fire protection district unless otherwise stipulated by written agreement between the county and/or fire district and the city of Worley.

G. The city of Worley shall appoint a member of the city council to represent the area of city impact. This representative shall be reappointed upon any vacancy. (Ord. 493, 6-9-2016)

8.10.1407: RENEGOTIATION:

The area of city impact agreement shall be reviewed by the city of Worley and Kootenai County at least once every five (5) years and shall be renegotiated at any time upon the request of either party hereto. Renegotiation shall begin thirty (30) days after written request by either the city or county and shall follow the procedures of the original negotiation, as set forth in section 67-6526, Idaho Code. (Ord. 493, 6-9-2016)

8.10.1408: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted and agreed upon "area of city impact for Worley, Idaho" is established and shown on the map entitled "Worley area of city impact" as set forth in illustration 10-1401 of this section.

ILLUSTRATION 10-1401

WORLEY AREA OF CITY IMPACT MAP

B. Legal Description: The area of city impact for the city of Worley is hereby legally described as follows:

The West 1/2 of the Northeast 1/4, and the Northwest 1/4 of Section 23, Township 47 North, Range 5 West B.M.; and

The West 5 acres of the Southwest 1/4 of the Northwest 1/4 of Section 24, Township 47 North, Range 5 West B.M.; and

The East 1/2 of the Northeast 1/4 of Section 26, Township 47 North, Range 5 West B.M., except a tract of land located in the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 47 North, Range 5 West, B.M., Kootenai County, Idaho, more particularly described as follows: Beginning at a point which is N 89°36' W along the North line of said Section 26, 331.40 feet from the Northeast corner of said Section 26, said point being the True Point of Beginning of this description; thence South 150.00 feet to a point; thence N 89°36' W 60.00 feet to a point; thence North 150.00 feet to a point; thence S 89°36' E, along the North line of said Section 26, 60.00 feet to the True Point of Beginning and the last point of this description. Said Tract of land contains 0.207 acres. And,

A tract of land north of Highway 95 and east of Worley, Idaho, beginning at a point 2109.1 feet N 00°10' E of the corner of Sections 23-24-25-26, Township 47 North, Range 5 West; thence N 00°10' E 277.4 feet to an iron pipe; thence S 46°49' E 404.5 feet to an iron pin; thence west 294.06 feet to an iron pin, the Place of Beginning.

C. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 493, 6-9-2016)

Kootenai County Unincorporated
City Zoning Code

CHAPTER 10

AREAS OF CITY IMPACT

ARTICLE 10.4. RESERVED

(Ord. 493, 6-9-2016)

ARTICLE 10.10. RESERVED

(Ord. 493, 6-9-2016)

ARTICLE 10.11. RESERVED

(Ord. 493, 6-9-2016)

ARTICLE 10.13. RESERVED

(Ord. 493, 6-9-2016)

8.10.101: PURPOSE:

8.10.102: AREA OF CITY IMPACT DEFINED:

8.10.103: STANDARDS:

A. The Kootenai County comprehensive plan;

B. The subdivision regulations set forth in chapter 6 of this title;

C. The zoning regulations set forth in this title;

D. The stormwater management regulations set forth in chapter 7, article 7.1 of this title;

E. Except as set forth above, all other applicable standards set forth in this code;

F. City of Athol subdivision ordinance; and

G. Except as set forth above, all other standards of applicable special districts having jurisdiction within the identified area of city impact. (Ord. 493, 6-9-2016)

8.10.104: ENFORCEMENT:

8.10.105: RENEGOTIATION:

8.10.106: ANNEXATION:

8.10.107: COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND ZONING APPLICATIONS:

8.10.108: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

A. Establishment: The officially adopted area of city impact is hereby established and shown on the map entitled "Athol area of city impact" as set forth in illustration 10-101 of this section.

ILLUSTRATION 10-101

ATHOL AREA OF CITY IMPACT MAP

B. Legal Description: The area of city impact for the city of Athol is hereby legally described as follows:

D. Precedence: In the event of any conflict between this map and the legal description contained in this section, the legal description shall take precedence. (Ord. 493, 6-9-2016)

8.10.201: PURPOSE:

8.10.202: AREA OF CITY IMPACT DEFINED:

8.10.203: STANDARDS:

A. Within the area of city impact, the following standards shall apply:

1. The subdivision regulations set forth in chapter 6 of this title, and provisions for future utility infrastructure set forth in title 16 of the Coeur d'Alene municipal code;

3. The zoning regulations set forth in this title;

4. The stormwater management regulations set forth in chapter 7, article 7.1 of this title;

5. Except as set forth above, all other applicable standards set forth in this code; 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 the area of city impact, only county standards shall apply. (Ord. 493, 6-9-2016)

8.10.204: ENFORCEMENT:

8.10.205: HEARING PROCEDURES WITHIN THE AREA OF CITY IMPACT:

E. The city and the county may elect to jointly hear an application. (Ord. 493, 6-9-2016)

8.10.206: STANDARD AMENDMENT AND NOTICE:

8.10.207: GEOGRAPHIC AREA OF CITY IMPACT DEFINED AND ESTABLISHED:

ILLUSTRATION 10-201

COEUR D'ALENE AREA OF CITY IMPACT MAP