ORDINANCE NO. 6-9h
AN ORDINANCE OF THE CITY OF PONDERAY, IDAHO, SETTING FORTH ITS AUTHORITY AND AMENDING TITLE 10, PONDERAY CITY CODE BY SETTING FORTH THE MINIMUM LOT OR PARCEL SIZE FOR THE RURAL, COMMERCIAL, RESIDENTIAL, INDUSTRIAL AND RECREATION ZONING DISTRICTS BASED ON AVAILABILITY OF URBAN WATER AND SEWER SERVICES; PROVIDING FOR APPROVAL OF PRELIMINARY PLATS BY THE CITY ENGINEER, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Idaho Code, Title 67, Chapter 65, provides for the adoption of procedures for the review and processing of permits, for the adoption of standards, and for the enforcement of ordinances and regulations; and,
WHEREAS, Ponderay has updated its comprehensive plan land use component and map as of June 6, 2005, and has adopted revised goals, objectives and policies as of June 6, 2005; and
WHEREAS, the stated goals and objectives of the amended comprehensive plan confirm that Ponderay desires to preserve both the quality and quantity of its water resources; to protect its water resources by requiring adequate sewer treatment systems based on soil, density, and intensity of use to reduce impacts to water resources; to ascertain that future development is adequately served by sewer and water services; that the property rights of the applicant and the adjoining landowners are considered in the development process; and
WHEREAS, Ponderay desires to enact a permanent ordinance in order to safeguard water quality and property rights by increasing the site area minimums for lots or parcels served by individual subsurface drainfields and individual wells, and
WHEREAS, the Ponderay Planning and Zoning Commission did hold a public hearing May 10, 2006, and did recommend approval of the amendment to the City Council; and,
WHEREAS, the Ponderay City Council did hold a public hearing June 5, 2006.
NOW, THEREFORE BE IT ORDAINED by the City Council of Ponderay, Idaho that the following be and is hereby adopted as an ordinance of the City of Ponderay:
SECTION 1: AUTHORITY.
This Ordinance is adopted pursuant to the authority granted at Chapter 65, Title 67, Idaho Code, and pursuant to the procedural requirements contained at Section 67-6509, Idaho Code.
SECTION 2:
Sections 10-101(e) and 10-102(b) (5), of the Ponderay City Code, are hereby amended to read as follows:
10-101(e), Minimum lot size without existence of urban services.
(a) Where urban services are not available, two and one-half (2 1/2) acres or a 1/256th aliquot division of the section shall be the minimum site area. Urban services include public water and sewer systems as well as the availability of telephone and electric utilities.
10-102(b) (5), Approval of City Engineer before application is complete.
(a) Any application for preliminary plat must contain the signature of the City Engineer confirming that urban services are available to the proposed lots. If the applicant is unable to do so, the preliminary plat shall meet the minimum lot size defined under this Title.
SECTION 3: SEVERABILITY
The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
SECTION 4: EFFECTIVE DATE
This ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee Newspaper.
Regularly considered, passed and approved as an ordinance of Ponderay, Idaho, done this 5th, day of June, 2006, upon roll call vote:
June 5, 2006
Jessie E. DeMers
Mayor of the City of Ponderay
ATTEST:
Nancy B. Piatt, City Clerk
Legal SNP#7901
June 8, 2006