09-07-09: APPLICATION OF MELBA SUBDIVISION ORDINANCE:

   (1)   Adoption Of Subdivision Ordinance: There is hereby adopted for the purposes of complying with Idaho Code section 67-6526(a) the ordinance codified in this article, which provides for, except as provided in subsection (2) of this section, the application of City of Melba's Subdivision Ordinance 151, as amended, to the Area of Impact of the City of Melba within the unincorporated area of the County, until a new Subdivision Ordinance has been duly adopted in accordance with the provisions of a joint exercise of power agreement impact area City of Melba/County of Canyon.

   (2)   Exceptions And Conflict Procedure: In the event of a conflict in the application of the provisions of chapter 7 of this Code and the provisions of the City of Melba's Subdivision Ordinance to the Area of Impact of the City of Melba, the provisions of the City of Melba's Subdivision Ordinance shall control, but shall not control over the application of chapter 7, article 10A, "Flood Hazard Overlay Zone", of this Code and/or chapter 6, article 5, "Addressing", of this Code. The City of Melba's Subdivision Ordinance shall be subject to the applicable Nampa highway district's standards and regulations solely enforceable by said highway district. It is further provided that only those portions of the Subdivision Ordinance adopted which are not repugnant to Federal or State law shall be adopted by the County and there shall be no approval and reviewing of protective or restrictive covenants as part of the process described in this article.

   (3)   One Mile Approval By City: By the passage of the ordinance codified in this article, and by the city's passage of a like ordinance, there is mutual agreement that within one mile of the City of Melba's boundary, the Melba City Subdivision Ordinance shall prevail over chapter 7, article 17 of this Code as is provided for in Idaho Code section 50-1306 in those circumstances where the one mile limit exceeds the boundaries of the impact area, except in those instances where there is an overlay with another city that is larger, in which event the jurisdiction of the larger city shall be assumed. (Ord. 94-014, 12-23-1994)