440 Plans & Ordinances for Area of City Impact
176
ORBINANCE NO. -- 440
AN ORDIANANCE PROVIDING FOR THE APPLICATION OF PLANS AND ORDINANCES FOR THE
MERIDIAN AREA OF CITY IMPACT; PROVIDING THAT MERIDIAN WILL LIMIT ANNEXATION
OF UNINCORPORATED LANDS TO ITS AREA OF CITY IMPACT; APPLYING THE ADA COUNTY
COMPREHENSIVE PLAN RURAL AREA SECT"ON TO THE MERIDIAT AREA OF CITY IMPACT;
APPLYING THE ADA COUNTY ZONING ORDIANANCE WITHIN THE MERIDIAN AREA OF CITY
IMPACT; PROVIDING FOR THE AMENDMENT OF THE MERIDIAN AND ADA COUNTY COM-
PREHENSIVE PLANS TO BE CONSISTENT WITH THIS AGREEMENT; PROVIDING FOR THE
COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND OF ZONING APPLI-
CATIONS; PROVIDING FOR RENEGOTIATION OF THE PROVISIONS OF THIS ORDINANCE
AND PROVIDING FOR A SEVERANCE CLAUSE EFFECTIVE DATE.
WHEREAS, Section 67-6526 (a), of Title 67, Chapter 65, Idaho Code,
Known as the Local Planning Act 1975, requires that the City Council of the
City of Meridian, Idaho atd the County Commissioners of Ada County, Idaho
adopt an ordinance providing Dr application of plans atd ordinances for the
area of city impact which ordinances shall provide for one of the following:
(1) application of the
of city impact; or (2)
dinances to the area of
upon comprehensive plan
city comprehensive plan atd ordinances to the area
application of the county comprehensive plan and or-
city impact; or (3) applicatIon of any mutually agreed
and ordinances to the area of city impact;
I
WHEREAS,:Section 67-6526 (a), Idaho Code provides that said ordinance
stating whose comprehensive plan and ordinances shall apply to the area of city
impact should have been passed and approved at least by July 1, 1978, and that
if it has not been adopted at least by said date Section 67-6526 (b), Idaho Code,
provides that a committee of nine persons should be apponited by the City
Council atd the County Commissioners to make a recommendations to the Council
and to the commissioners as to whose comprehensive plans and ordianances
should apply to the Area of Impact;
WHEREAS, said committee was appointed and did meet atd has made a
recommendation to the City Council of the City of Meridian and to the County
Commssioners of the County of Ada.
WNEREAS, the recommendations by the committee as to the Area of Impact
and its boundary and whose comprehensive plan and ordinances should apply
to the area of imapct are resonable atd meet the goals atd objections of the
Local Planning Act of 1975;
WHEREAS, the city Council has condusted Public hearings on the
Area of Impact atd whose comprehensive plan and ordinances should apply in
the Area of Imapact and has approved atd adopted Findings of Fact and Con-
clusions regarding the same; atd whereas the adoption of an Area of Imapct and
stating whose comprehensive plan and ordinances should apply in the Area of Impact
is a legislative functIon required by the Local Planning Act of 1975; and
WHEREAS, the City Council and the Mayor of the City of meridian, Idaho,
have concluded that it is in the best interests of the City to approve atd
adopt the Area of Impact and apply the comprehensive plan and ordinances as
recommended by the committee and such to be effective upon approval hereof.
NOW THEREFORE, BE IT ORDIANED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE
CITY COUNCEL OF THE CITY OF MERIDIAN, ADA CAUNTY, IDAHO,
1.0 MERIDIAN AREA OF CITY IMPACT BOUNDARY- The Meridian Area of City Impact
boundary is adopted in City Ordinance Number 439 and County Ordinance Number
136. Upon annexation of any portion of the Area of City impact in Meridian,
the provisions of this ordinance shall not longer apply to such annexed areas.
I
2.0 ANNEXATION TO OCCUR ONLY IN AREAS OF CITY IMPACT- Meridian shall limit its
annexation to those lands within its Area of City Impact. If Meridian wishes
to annex lands outside of its Area of City Impact, it shall renegotiate its Area
of City Impact boundary with Ada County in accordance with Idaho Code 67-6526 (d).
3.0 PLAN POLICIES AND ORDINANCES TO APPLY TO THE MERIDIAN AREA OF CITY IMPACT-
3.1 The Ada County Comprehensive Plan- Rural Area Section adopted by
Ada county as of May 18, 1983, shall apply to the Rural Area as identified
on the Area of City Impact boundary map in City Ordinance Number 439 and
County Ordianance Number 137, which is the land area outside the Meridian
City limits but within the Area of City Impact boundary.
3.2 Both Meridian and Ada County shall amend their Comprehensive Plans
to be consistent with this ordinance.
3.3 The Ada County Zoning Ordinance shall be used to implement this
ordinance.
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4.1 All applications =o~ count~ atd city amendments to their respective
comprehensive plans and amendments and ordinances which apply within the
Meridian Area of City Impact shall be sent by the entity considering such
amendment to the other entity. A seperate Referral Process, City Resolution
Number 90 , County Resolution Number 408 shall be adopted, by resolution,
by each entity regarding procedures and time periods for, and the effect of,
sending such amendments.
4.2 All county applications for Planned Developments, subdivision, rezones,
conditional use permits, and private roads within the Meridian Area of city
Impact shall be sent to Meridian in accordance with the Referral process
cited in Section 4.1 above.
5.0
RENEGOTIATION-
5.1 In accordance with Idaho Code 67-6526 (d), the Meridian City Council
or the Board of Ada County Commissioners may request, in writing, to
renegotiate any provision of this ordinance at any time. Within 30 days
of recepit of such written request by either party, a meeting between
the two jurisdictions shall occur.
5.2 While renegotiation is occuring, all provlSlons of this ordinance
shall remain in effect until this ordinance is amended or a substitute
ordinance is adopted by Meridian and Ada County, in accordance with the
>>9tice and hearing procedures provided in title 67, Chapter 65 of Idaho
QODE, or until a d.eclaratorY' judgment frOll the district court is final-
Provided however, that this ordinance or stipulated portions thereof
shall be of no further force and effect if both jurisdictions 80 agree by
mutually adopted resolution.
6~o SEVERANCE- Should My section, clause or provision of this ordinance be
declared illTalid by a court of competent jurisdiction, the same shall
not affeat the validity of this ordinallce as a whole or UJ.Y aprt thereof,
other than the part so declared to be invalid, each section, clause and
provision hereof being declared severable.
7.0 WHEREAS, there is an ellergancy therefore, which .a.rgellcy is declare to'
exist, this Ordi.naDce shall take effect and be ill force and effect from
and after its passage, approval and publication as required by law.
PASSED By the City CQuaeil and approved by the Mayor of the City of
MeritiaW;Ada County, Idaho, this 15th day of October, 1984.
..
APPROVED. #r1tdl
~f?
GRANT P. KINGSFORD, MAYOR
. ATTEST::
ORDInANCE NO. 441
AN ORDINANCE PROVIDING FOR THE CONTROL OF AIR POLLUTANT EMISSIONS-
FROM MOTOR VEHICLES ABOVE CERTAIN LEVELS AS DETERMINED BY THE AIR
QUALITY BOARD; REQUIRING ANNUAL INSPECTION OF MOTOR VEHICLES; PROVIDING
FOR EXEMPTIONS OF CERTAIN CLASSES OF VEHICLES; REQUIRING INSPECTION FEES;
ESTABLISHING:THE AUTHORITY FOR ISSUING LICENSES FOR EMISSIONS INSPECTION
STATIONS; .. PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS FOR THE
EiNFORCEMENTOF THI'S ORDINANCE;' AND PROVIDING PENALTIES FOR THE VIOLATION OF
THE ORDINANCE; TO BE EFFECTIVE UPON APPROVAL HEREOF.
. WHEREAS., Air .Pollution hashecorilea signif:icant problem in
Ada County;
WHEREAS, Exhaust emissions from motor vehicles are the major
source of carbon monoxide air pollution in Ada County and. such
air pollution is a health hazard in the City of Meridian and
Ada County;
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is the best interests
of the City to approve and adopt provisions to reduce the carbon
ORDINANCE NO. VY-0
AN ORDINANCE PROVIDING FOR THE APPLICATION OF PLANS AND ORDINANCES
FOR THE MERIDIAN AREA OF CITY IMPACT; PROVIDING THAT MERIDIAN WILL
LIMIT ANNEXATION OF UNINCORPORATED LANDS TO ITS AREA OF CITY
IMPACT; APPLYING THE ADA COUNTY COMPREHENSIVE PLAN RURAL AREA
SECTION TO THE MERIDIAN AREA OF CITY IMPACT; APPLYING THE ADA
COUNTY ZONING ORDINANCE WITHIN THE MERIDIAN AREA OF CITY IMPACT;
PROVIDING FOR THE AMEND14ENT OF THE MERIDIAN AND ADA COUNTY
COMPREHENSIVE PLANS TO BE CONSISTENT WITH THIS AGREEMENT; PROVIDING
FOR THE COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS
AND OF ZONING APPLICATIONS; PROVIDING FOR RENEGOTIATION OF THE
PROVISIONS OF THIS ORDINANCE AND PROVIDING FOR A SEVERANCE CLAUSE
AND EFFECTIVE DATE.
WHEREAS, Section 67-6526 (a), of Title 67, Chapter 65,
Idaho Code, known as the Local Planning Act 1975, requires that
the City Council of the City of Meridian, Idaho and the County
Commissioners of Ada County, Idaho adopt an ordinance providing
for application of plans and ordinances for the area of city
impact which ordinance shall provide for one of the following:
(1) application of the city comprehensive plan and ordinances to
the area of city impact; or (2) application of the county
comprehensive plan and ordinances to the area of city impact; or
(3) application of any mutually agreed upon comprehensive plan
and ordinances to the area of city impact;
WHEREAS, Section 67-6526 (a), Idaho Code provides that said
ordinance stating whose comprehensive plan and ordinances shall
apply to the area of city impact should have been passed and
approved at least by July 1, 1978, and that if it has not been
AMBROSE, adopted by said date Section 67-6526 (b) , Idaho Code
F ROOK TO , provides
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldian, Idaho
83642
Telephone888.4461
that a committee of nine persons should be appointed by the City
Council and the County Commissioners to make a recommendation to
the Council and to the Commissioners as to whose comprehensive
Plans and ordinances should apply to the Area of Impact;
WHEREAS, said committee was appointed and did meet and has
made a recommendation to the City Council of the City of Meridian
and to the County Commissioners of the County of Ada;
WHEREAS, the recommendations by the committee as to the Area
Of Impact and its boundary and whose comprehensive plan and
ordinances should apply to the area of impact are reasonable and
meet the goals and objections of the Local Planning Act of 1975;
WHEREAS, the City Council has conducted Public Hearings on
the Area of Impact and whose comprehensive plan and ordinances
should apply in the Area of Impact and has approved and adopted
Findings of Fact and Conclusions regarding the same; and whereas
the adoption of an Area of Impact and stating whose comprehensive
plan and ordinances should apply in the Area of Impact is a
legislative function required by the Local Planning Act of 1975;
and
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interests
of the City to approve and adopt the Area of Impact and apply
the comprehensive plan and ordinances as recommended by the
Committee and such to be effective upon approval hereof.
N../
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA
COUNTY, IDAHO,
1.0 MERIDIAN AREA OF CITY IMPP CT BOT7NDARY - The Meridian Area f
City Impact boundary is as ado ted in City Ordinance Number
and County Ordinance Number •
of any
portion of the Area of City Impact in MeridianUpon , the umprovisions of
this ordinance shall not longer apply to such annexed areas.
2.0 ANNEXATION TO OCCUR ONLY IN AREAS OF CITY IMPACT - Meridian
shall limit its annexation to those lands within its Area of City
Impact. If Meridian wishes to annex lands outside of its Area of
City Impact, it shall renegotiate its Area of City Impact boundary
with Ada County in accordance with Idaho Code 67-6526(d).
3.0 PLAN POLICIES AND ORDINANCES TO APPLY TO THE MERIDIAN AREA
OF CITY IMPACT -
3.1 The Ada County Comprehensive Plan - Rural Area Section
adopted by Ada County as of May 18, 1983, shall apply to
the Rural Area as identified on the Area of City Impact
boundary map in Cit Ordinance Number
Ordinance Number which is the land areadoutside
County
the Meridian City limits but within the Area of
boundary,
City Impact
3.2 Both Meridian and Ada County shall amend their
Comprehesive Plans to be consistent with this ordinance.
3.3 The Ada County Zoning Ordinance shall be used to
implement this ordinance.
4.0 COORDINATION OF PLAN AMENDMENTS ZONIN, ORDINANCE AMENDMENTS, AND
G APPLICATIONS -
1.1 All applications for county and city amendments to
their respective comprehensive plans and implementing ordi-
nances which apply within the Meridian Area of City Impact
shall be sent by the entity considering such amendment to
the other entity. A separate Referral Process, City
Resolution Number 9�, County Resolution Number
shall be adopted, by resolution, by each entity reg r
procedures and time periods for, and the effect of g
AMBROSE, such amendments. , sending
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.446,
M
4.2 All county applications for Planned Developments,
subdivision, rezones, conditional use and roads within the Meridian Area of Citypermits
lmpact�shallbesent
Private
to Meridian, in accordance with the Ref in Section 4.1 above. erral Process cited
5.0 RENEGOTIATION -
5.1 In accordance with Idaho Code 67-6526(d), the Meridian
City Council or the Board of Ada County Commissioners may
request, in writing, to renegotiate any provision of this
ordinance at any time. Within 30 days of receipt of such
written request by either party, a meeting between the two
jurisdictions shall occur.
5.2 While renegotiation is occuring
this ordinance shall remain in effect untilrthis lordinance
is amended or a substitute ordinance is adopted by Meridian
and Ada 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 ordinance or stipulated portions
thereof shall be of no further force and effect if both
jurisdictions so agree by mutually adopted resolution.
6.0 SEVERANCE - Should any section, clause or
ordinance be declared invalid by a court of competent jurisdition
provision of this
the same shall not affect the validity of this ordinance as a
whole or any part thereof, other than the ,
invalid, each section, clause and Part so declared to be
severable. Provision hereof being declared
7.0 WHEREAS, there is an emergency therefore, which emerg enc
is declare to exist, this Ordinance shall take effect andy
force and effect from and after its be in
passage, approval and publica-
tion as required by law.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888-4467
PASSED By the City Council and approved by the Mayor of the
aCitYof Meridian, Ada County, Idaho, this
% day of
1984. /
APPROVED:
i
ATTEST: Grant P. Kinq ford Mayor
P /-1Ly uier
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-446,