Title 07 as Amended 11-17-2011
City of Driggs Ordinance 325-11 Area of City Impact Teton County Code Title 7 Chapter 1 (amd 9/15/2011) 1
TITLE 7
CHAPTER 1
DRIGGS AREA OF CITY IMPACT ORDINANCE
SECTION:
7-1-1: Statute Authority
7-1-2: Purpose and Intent
7-1-3: Map and Legal Description
7-1-4: Application of Comprehensive Plan And Zoning And Subdivision
Regulations; Conflicts
7-1-5: Administration and Enforcement
7-1-6: Amendments
7-1-1: STATUTUE AUTHORITY: The area of city impact is being adopted and
defined pursuant to Idaho Code section 67-6526, together with any and all amendments
thereto, pursuant to mutual agreement between the city and the county.
7-1-2: PURPOSE AND INTENT:
A. Purpose: The purpose of this chapter is to identify an area of impact surrounding the city
with due consideration being given to such factors as trade area, geographic factors, and
areas that can reasonably be expected to be annexed to the city in the future.
B. Intent: The intent of this chapter is to:
1. Define the geographic area of impact;
2. To set forth those ordinances which will be applicable to the area of impact; and
3. To comply with the applicable sections of Idaho Code title 67, Chapter 65, as set
forth by the Idaho legislature.
7-1-3: MAP AND LEGAL DESCRIPTION:
A. The boundaries and zoning district classifications of the Driggs area of city impact are
shown on the map entitled “Driggs Area of City Impact Zoning Map” dated February 17,
2011, a copy of which is on file in the City of Driggs Planning and Zoning office and the
Teton County Planning and Zoning office. The map and all information shown thereon
are by reference herein made a part of this chapter.
City of Driggs Ordinance 325-11 Area of City Impact Teton County Code Title 7 Chapter 1 (amd 9/15/2011) 2
B. The legal description of the Driggs area of city impact is stated in the document entitled
“Driggs Area of City Impact Legal Description”, a copy of which is on file in the City of
Driggs planning and zoning office and the Teton County planning and zoning office.
C. The zoning districts recorded on the map are the official designations for both the city
and the county.
7-1-4: APPLICATION OF COMPREHENSIVE PLAN AND ZONING AND
SUBDIVISION REGULATIONS; CONFLICTS:
A. The following plans and regulations shall apply to the land in the Driggs area of city
impact:
1. “City of Driggs Comprehensive Plan”, dated January 19, 2010, a copy of which is on
file in the City of Driggs Planning and Zoning office and the Teton County Planning and
Zoning office, is by reference herein made a part of this chapter. Where this Plan does not
include land use recommendations for any parcel of land, the County Comprehensive
Plan shall apply for such a parcel;
2. “City of Driggs Zoning Regulations”, (Title 9, Driggs City Code, last amended by
Ord. 315-10, 6-15-2010), and including the City of Driggs Commercial Design Standards
and Guidelines, copies of which are on file in the City of Driggs Planning and Zoning
office and the Teton County Planning and Zoning office, are by reference herein made a
part of this chapter.
3. “Teton County Subdivision Regulations”, (Title 9, Teton County Code), together with
the Teton County Wildlife Habitat Overlay, and with the following exceptions and
modifications when applied within the Driggs Area of City Impact:
a. The City of Driggs Subdivision Design Standards (Title 10, Chapter 4, Driggs
City Code, last amended by Ord. 259-05, 10-4-2005) shall replace Section 9-4-1 of Teton
County Code.
b. The City of Driggs Subdivision Improvement Requirements (Title 10, Chapter
5, Driggs City Code, last amended by Ord. 259-05, 10-4-2005) shall replace Section 9-4-
2B of Teton County Code.
c. The City of Driggs Planned Unit Development Regulations (Title 10, Chapter 6,
Article A, Driggs City Code, last amended by Or. 259-05, 10-4-2005) shall replace
Chapter 9-5 of Teton County Code.
d. “Planning Commission” shall mean the joint Driggs-Teton County Planning
Commission, established under Title 2, Chapter 4 of the Teton County Code.
e. “Comprehensive Plan” shall mean the applicable Comprehensive Plan as
specified in Section 7-1-4-A above.
City of Driggs Ordinance 325-11 Area of City Impact Teton County Code Title 7 Chapter 1 (amd 9/15/2011) 3
B. Conflicting Provisions:
1. When conflicts occur with regard to an application that includes adjacent land in both
the impact area and county, the procedures outlined in subsection 7-1-5-A-2 shall be
followed to determine the applicable plan and ordinances.
2. It is not intended by this chapter to impair or interfere with other regulations of the
state, or local law, or with the private restrictions on the use of land, improvements and
structures. Where this chapter imposes greater restrictions than that imposed by other law
or private restrictions, this chapter shall prevail.
7-1-5: ADMINISTRATION AND ENFORCEMENT:
A. Administration: Any application required or provided for by the applicable regulations
specified in Section 7-1-4 above that concerns land within or partially within the impact
area shall be processed as follows:
1. Any application which concerns land one hundred percent (100%) within the impact
area of the City shall be processed as follows:
a. Application Form and Filing: An application form, approved for use by both
city and county planning departments shall be filed with the county planning and zoning
administrator.
b. Fee: The City Council and Board of County Commissioners shall adopt, by
resolution, fees to recover estimated costs associated with processing each type of zoning
and subdivision application. The combined fee amount shall be collected by the county
planning department at the time of application filing. The county shall forward the city’s
fee portion to the city at the time the application file is transmitted to the city.
c. Zoning Application Review Process:
(1) Application Completeness Review and File Transfer: The county Planning
Administrator shall, within fourteen (14) days of an application being filed
pursuant to the applicable zoning regulations, review such application and
checklist of submittal items for completeness, and upon finding and certifying
that an application is complete, shall transmit the complete file to the city
Planning Administrator.
(2) Upon receiving a complete application required or provided for by the
applicable zoning regulations, specified in Section 7-1-3 above, the City
Planning Administrator shall process the application and schedule any required
public hearings in accordance with said zoning regulations and shall forward the
city’s findings, conclusions and recommendations for all such applications to
the county Planning Administrator along with the complete application file.
(3) If an application requires a noticed public hearing by the city, the county
Planning Administrator shall, subsequent to receiving the city’s findings,
conclusions and recommendations for such an application, schedule a noticed
City of Driggs Ordinance 325-11 Area of City Impact Teton County Code Title 7 Chapter 1 (amd 9/15/2011) 4
final public hearing with the Board of County Commissioners, which shall issue
a final decision in accordance with the applicable zoning regulations specified
in Section 7-1-3 above, and may attach additional approval conditions, or may
remand the application back to the city for additional findings.
(4) If an application does not require a public hearing by the city, then the
county Planning Administrator shall issue a final decision and may attach
additional approval conditions, or may remand the application back to the city
for additional findings. The county Planning and Zoning Administrator may
also, before issuing a final decision, place the application on a consent agenda
before the Board of County Commissioners.
d. Subdivision Application Review Process:
(1) The county Planning Department and county Planning Administrator shall
process all subdivision applications filed for land 100% within the Driggs Area
of City Impact according to the process established in Title 9 of the Teton
County Code, with the following exceptions and modifications:
i. City Planning Administrator Review Required: The city Planning and
Zoning Administrator shall participate in all applicant conferences and
meetings of the joint Driggs-Teton county Planning Commission and shall
provide city reviews and reports to the joint Planning Commission covering
at least all aspects of application conformance with the applicable city Plan,
zoning regulations, subdivision design standards and subdivision
improvement requirements, and additional reviews and reports as requested
by the joint Planning Commission.
ii. Water and Sewer Will Serve Letter Requirement: The County shall
require any Concept Application proposing connection to the city’s water or
wastewater systems to include a Will Serve letter from the city approving
such connection in order to be deemed a complete application.
2. Any application which concerns land partially within and outside of the Driggs area of
city impact shall require a written determination between the county and city as to which
jurisdiction shall process the application, and which ordinances shall be applied as more
restrictive and stringent. The procedures below shall be followed:
a. The planning administrators from each jurisdiction shall make recommendations
to the City Council and Board of County commissioners as to which jurisdiction
should process the application and which ordinances should be used to process the
application. The recommendation shall consider such factors as the amount of land
in each jurisdiction, trade area, geographic factors, possible current or future
annexation to the city.
b. Council and the Board shall approve, deny, or remand the recommendations
back to the planning administrators for further negotiation and new
recommendations.
City of Driggs Ordinance 325-11 Area of City Impact Teton County Code Title 7 Chapter 1 (amd 9/15/2011) 5
c. After approval of the recommendations in subparagraph (a) above, the city or
county shall proceed as follows:
(1) If the application is to the city it shall be processed in accordance with this
section.
(2) If the application is to the county it shall be processed in accordance with
the county ordinances.
3. Unresolved: All remaining administrative or procedural conflicts unresolved by
mutual agreement shall be resolved, within sixty (60) days of receiving a completed
application, by a combined board of resolution to be formed as follows: The Teton
County commissioners shall appoint two (2) individuals residing in the county to form
part of said board of resolution. The council of the city of Driggs shall appoint two (2)
individuals residing in the city of Driggs to form part of said board of resolution. The
four (4) appointed individuals shall then appoint a fifth member who is to be an
individual residing within the Driggs area of city impact. Such board of resolution shall
meet and resolve such issues by majority vote.
B. Enforcement: The County shall be responsible for the enforcement of all applicable
ordinances in the area of impact.
7-1-6: AMENDMENTS:
A. Method: The method of amending the area of impact defined in this chapter and the
boundaries thereof shall be governed by Idaho Code section 67-6526(d).
B. Additional Ordinances: Nothing contained in this chapter shall prevent either the city or
the county from amending, revising, promulgating or adopting additional ordinances for
the purpose of zoning, subdivision, or the general health and welfare for the impact area
created in this chapter; provided however, that any ordinance amendment that affects the
impact area must be approved by the county Board of Commissioners.
TITLE 7
CHAPTER 3
Victor Impact Area Agreement
7-3-1: Applicability
7-3-2: Boundary Definitions
7-3-3: Comprehensive Plans and Ordinance
7-3-4: Administration and Enforcement
7-3-5: Amendments
7-3-1: APPLICABILITY: This Impact Area agreement is being adopted
and defined pursuant to Idaho Code, section 67-6526, together with any and all
amendments thereto, pursuant to mutual agreement between the City of Victor
and Teton County. The purpose of this chapter is to identify an area of impact
surrounding the City of Victor with due consideration being given to such factors
as trade area, geographic factors, and areas that can reasonably be expected to be
annexed to the City of Victor in the future. The intent of this chapter is to define
the geographic area of impact; to set forth those ordinances that will be applicable
to the impact area; and to comply with the applicable sections of Idaho Code, title
67, chapter 65, as set forth by the Idaho legislature.
7-3-2: BOUNDARY DEFINITIONS: The boundaries of the impact area
are defined in Victor City Ordinance Title 8 and are shown on Exhibit A entitled
Victor City Impact Area (hereinafter the “Impact Area”), a copy of which is also
on file in the Teton County Planning, Building and GIS Department, and the City
of Victor planning and zoning offices
7-3-3: COMPREHENSIVE PLANS AND ORDINANCES:
A. Applicability: The officially adopted comprehensive plan and zoning
ordinance of Teton County together with any subsequent amendments, as
adopted pursuant to section 5 of this chapter, thereto shall apply to the
land within the Impact Area, except as provided below.
B. Impact Study: The City of Victor may request an impact study as per the
Victor City Ordinance Title 10 Chapter VI, M. before final plat is given on
any land in the Impact Area.
City of Victor Area of Impact / Teton County Code Title 7 Chapter 3 (amd. 11/17/2011) 1
C. Responsibility for Maintenance: Maintenance of public streets located
in the Impact Area shall be agreed to in writing between the City, the
County, and any developer. In the absence of any such agreement the
County shall be responsible for the maintenance.
7-3-4: ADMINISTRATION AND ENFORCEMENT:
A. Teton County shall be responsible for the administration and
enforcement of all applicable county ordinances within the Area of
Impact as outlined in this chapter.
B. Review Process
1. Impact Area: All development applications within the Area of
Impact shall originate with the County.
2. All development applications within the Impact Area shall be
forwarded for review by the Victor Planning & Zoning Administrator.
Those applications that may have an impact on current or future
compatibility with easements, utility and roadway connectivity and
compatibility with those of the City of Victor’s easements, roadways and
utilities shall be passed on to the Victor Planning & Zoning Commission
for review and comment to the County Planning & Zoning Commission
for their disposition. No planned unit developments are allowed in the
area of impact.
3. Urban Growth Boundary, (a part of the Impact Area):
a. All public roadways that are constructed within the Urban
Growth Boundary shall be designed and built to City of Victor
Standard, Specifications and Drawings, as amended.
b. The unannexed area within the Victor Urban Growth
Boundary, as set forth on Exhibit A, shall remain under county
zoning until such time as a subdivision of higher density than
that allowed by county regulations is applied for at which time
it shall request annexation, and if approved, fall within the
zoning and subdivision ordinances of the City of Victor.
4. Foothills Big Game Corridor and Seasonal Range: Development
occurring within the eastern foothills area, generally indicated on the
Teton County Natural Resource Overlay, and specifically indicated as
eastern Big Game Migration Corridors and Seasonal Ranges Overlay, as
depicted on Exhibit B shall be reviewed by the City of Victor under a
City of Victor Area of Impact / Teton County Code Title 7 Chapter 3 (amd. 11/17/2011) 2
City of Victor Area of Impact / Teton County Code Title 7 Chapter 3 (amd. 11/17/2011) 3
courtesy review process. Comments and recommendations shall be
forwarded to the Board of County Commissioners.
5. FEES: The City Council and Board of County Commissioners
shall adopt, by resolution, fees to recover estimated costs associated with
processing each type of zoning and subdivision application. The combined
fee amount shall be collected by the county planning department at the
time of application filing. The county shall forward the city’s fee portion
to the city at the time the application file is transmitted to the city. In the
event costs are incurred by the City of Victor as a result of the
administration or enforcement of area of city impact matters, the City of
Victor and County agree to proportionately share such expenses.
7-3-5: AMENDMENTS:
A. The method of amending the Impact Area and the boundaries thereof
shall be governed by Idaho Code, section 67-6526(d).
B. Amendments to either the City or County comprehensive plans or
zoning ordinances pertaining to the Impact Area, as well as requests for
zoning changes within the Impact Area shall be reviewed and
approved by both the City and the County.