The following factors were considered by the Weiser city planning commission and the Washington County planning commission and the mayor and council of the city of Weiser, and the board of commissioners of Washington County, Idaho, in the establishment of an area of city impact:

   A.   Trade area.

   B.   Geological factors.

   C.   Areas that can reasonably be expected to be annexed to the city of Weiser in the future. (Ord. 1184, 12-12-2005)

The Weiser area of impact is defined as that unincorporated land mass which lies contiguous to the city of Weiser, Idaho, having as its closest boundary to the city, the city limits of said city, as they now exist or as they may be altered by future annexation of land to the city of Weiser, and having as its outermost boundary an imaginary line positioned and described as follows:

Commencing at the NE corner of Section 33, Twp. 11 N., R. 5 W, B.M.; thence North along the East line of Sections 28 and 21 to the East quarter corner of said Section 21; thence West along the North line of the S1/2 of Section 21, and the north line of the S1/2 of Section 20 to the South East corner of the NW1/4 of Section 20, thence North to the South line of Section 17, thence West along the south boundary of Section 17 and Section 18 to the South West corner of Section 18, thence South to the South West corner of the NW1/4 Section 19, thence West to the North West corner of the NE1/4SE1/4 of Section 24 of Twp. 11 N., R. 6 W, B.M.; thence South along the West line of E1/2SE1/4 of Section 24, E1/2 E1/2 of Section 25 and Lot 1 of Section 36, all in Twp. 11 N., R. 6 W, B.M. To the North bank of the Snake River; thence up along the North bank of the Snake River to its point of intersection with the South line of the N1/2N1/2 of Section 5, Twp. 10 N., R. 5 N1/2N1/2 of Section 4 to the SE corner of the NE1/4NE1/4 of said Section 4; Thence North on the East line of Section 4, Twp. 10 N., R. 5 W, B.M. and the East line of Section 33, Twp. 11 N., R. 5 W, B.M. to the point and place of beginning.

A map of the described area is attached to the ordinance codified herein as exhibit A and incorporated herein the same as though set out in full. (Ord. 1184, 12-12-2005)

In the event that the city of Weiser or the county of Washington desires to alter the outermost boundary of the city impact area, or to change the jurisdiction over said area, they shall do so by renegotiation in accordance with Idaho Code section 67-6526. (Ord. 1184, 12-12-2005)

Jurisdiction for all matters concerning zoning, building, subdividing or other matters granted under the local planning act of 1975 under chapter 65, section 67, within the city impact area of Weiser, Idaho, is hereby granted to Washington County subject to the terms and conditions of this chapter. (Ord. 1184, 12-12-2005)

It shall be unlawful hereafter to commence construction on any building or structure, or to occupy said building or structure, until a building permit has been obtained from the Washington County building inspector, and after complying with all regulations of Washington County.

Any person who violates this provision or fails to comply with its terms and conditions shall be guilty of a misdemeanor and be punished for such violation by a fine of up to three hundred dollars ($300.00) for each day that the violation continues. (Ord. 1184, 12-12-2005)

   A.   All planning, zoning, subdivisions, granting of variances, notices and hearings, and any matters granted under the local planning act of 1975 under Idaho Code chapter 67, section 6501 et seq., as amended, within the city impact area of Weiser, Idaho, other than building permit requirements under title 4 of this code. Ordinances of Washington County, shall first be established, amended, granted, or otherwise processed for approval or other appropriate action by the city of Weiser planning and zoning commission, the city of Weiser city council, and mayor, according to the regulations and ordinances established by the city. After approval and upon recommendation by the city, any such matters will be submitted directly to the Washington County commissioners for approval, disapproval or remand, with such action to be taken by the county commissioners within forty five (45) days after submission and after notice of hearing as provided in Idaho Code section 67-6509. The decisions of the Washington County commissioners shall be based upon regulations and ordinances established by the city of Weiser.

   B.   Until such time as the city of Weiser has adopted different regulations as to zoning, subdivisions, and building requirements, the Washington County ordinances in effect at that time shall be controlling within the city impact area. (Ord. 1184, 12-12-2005)

   A.   Amendment:

      1.   Any amendment proposed to be made to the Washington County comprehensive plan or the Washington County zoning ordinance, which shall have an effect within the area of impact, shall be referred to the city of Weiser at least forty five (45) days prior to any public hearing on any such proposed amendment. Any comment by the city of Weiser on such proposed amendment shall be entered in the official record of each public hearing conducted for the purpose of receiving public comment regarding such proposed amendment.

      2.   Any amendment proposed to be made to the Weiser subdivision and/or zoning ordinance, which shall have an effect within the area of impact shall be referred to the county at least forty five (45) days prior to any public hearing on such proposed amendment. Any comment by the county on such proposed amendment shall be entered in the official record of each public hearing conducted for the purpose of receiving public comment regarding such proposed amendment.

   B.   Renegotiation: In accordance with Idaho Code section 67-6523(d), as amended, the city of Weiser or the county of Washington may request, in writing, the renegotiation of the plan policies and ordinance provisions established by this chapter. Within thirty (30) days of receipt of such written request by either party, arrangements shall be made for a meeting between the two (2) jurisdictions. Provisions of this chapter shall remain in full force and effect during the negotiation period and until amended in accordance with Idaho Code section period and until amended in accordance with Idaho Code section 67-6509 as amended or until altered as a result as a declaratory judgment issued by the district court. (Ord. 1184, 12-12-2005)

Any person who violates any of the provisions of this chapter or fails to comply with any of the terms and conditions hereof, shall be guilty of a misdemeanor and be punished for such violation by a fine of up to three hundred dollars ($300.00) or jail sentence of up to ninety (90) days, or by both such fine and sentence. The Washington County prosecuting attorney shall have the authority and responsibility of prosecuting any such violations. (Ord. 1184, 12-12-2005)