These provisions shall not apply to dedications of streets, rights-of-way, parks or easements to be shown on a recorded subdivision plat. Except for the vacation of any public street, alley, road or highway, an application under this section may be made only by the property owner(s) or purchaser(s) of record.
A. Vacation: When a person or entity desires to vacate any lot, tract, street, alley, road, highway, common plot or any part thereof, such person shall follow the procedures found in Idaho Code section 50-1301 et seq., or 40-203.
B. Dedication: Any property owner desiring to dedicate a street, easement, public area or open space, except as noted in this chapter, shall complete and file an application with the Administrator.
1. Administrative Action: Upon receipt of the completed application and such additional information as the Administrator may require, the Administrator shall affix the date of application acceptance and place the application on the commission agenda for consideration at its next regular meeting.
2. Commission Action: The commission shall review the request and make a recommendation to the Board for either approval, conditional approval or denial within thirty (30) days of the meeting at which it was first discussed.
3. Board Action: Upon receipt of an application, the Board shall establish a date for a hearing and give public notice of same in a newspaper of general circulation prior to the hearing. The Board shall keep a record of the proceedings and make written findings of action on the application. When a dedication is approved, the required improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Board a deed describing and conveying such lands to be recorded with the County Recorder.
C. Resubdivision: After any subdivision has been duly authorized, approved and recorded it shall be unlawful for any person or organization to redivide any portion of any lot of any such platted subdivision without first having filed for record an approved final plat of resubdivision of that portion, indicating thereon the proposed redivision pursuant to the provisions of this title.
D. Plat Amendment And Correction:
1. Administrative Review: A minor correction of a mistake on a final plat or a minor amendment that does not create a new lot, sublot, condominium unit or dwelling unit, and which does not reduce the lot area, width, or building setback lines below the minimum zoning requirements may be made by application to the Administrator who shall determine compliance with the provisions of this chapter. In the case of existing nonconforming lots, an amendment that does not increase the degree of nonconformity may be approved.
a. A minor correction of a mistake on a final plat includes but is not limited to grammatical corrections to plat notes, corrections to line or curve lengths, corrections on the signature page, and similar such corrections as determined by the Administrator.
An owner or subdivider requesting a minor correction of a mistake shall be required to file an application and one copy of the plat with the Administrator. The Administrator may require additional information reasonably required for thorough review of the application. Upon a finding by the Administrator that the application is in compliance with the provisions of this Code, the applicant may record the corrected plat.
b. A minor amendment includes only: The modification of boundary lines between existing platted lots, or a combination of platted lots and other parcels of land, in which buildable areas are not located within or farther within a natural resource overlay district or hazard area, or the removal of platted lot lines.
An owner or subdivider requesting a minor amendment shall be required to file an application with the Administrator. The Administrator may require additional information reasonably required for thorough review of the application. The Administrator shall provide written notice of such application to all property owners within three hundred feet (300') of the exterior boundary of the lots proposed for plat amendment. Such notice shall inform owners that they may comment on the application during a period of not less than fifteen (15) days after mailing of the notice and prior to final action on such application.
Following expiration of the comment period and upon a finding by the Administrator that:
a. The application is in compliance with the provisions of this Code, the Administrator shall recommend approval or approval with conditions to the Board for final action;
b. The application is not in compliance with this chapter, the Administrator shall recommend denial and state the reasons in writing to the Board for final action; or
c. Further review is warranted, the Administrator shall notify the applicant and schedule a public hearing before the Board on the next available agenda.
Upon approval of an application and satisfaction by the applicant of any attached conditions, the applicant may then record the amended plat.
2. Board Approval: Any other requested amendment to a plat that does not create a new lot shall be acted upon by the Board after not less than one public hearing for which each record holder of property within the subdivision, and all property owners within three hundred feet (300') of the exterior boundary of the lots proposed for plat amendment were sent notice by mail. The Board may approve an application if the applicant has demonstrated that the proposed amendment:
a. Does not alter the existing character of the subdivision or adjacent subdivided properties; and
b. Satisfies to the extent practical all the applicable requirements of this Code, including Chapter 5, Design and Improvement Standards, of this Title, as amended.
3. Modifications To Building Envelope Or Centroid: If the amendment involves any modification to a building envelope or centroid, the applicant, in addition to meeting the requirements of subsection D2 of this section, must demonstrate that:
a. The proposed location is not within or farther within a natural resource overlay district or hazard area, and;
b. Where practicable, view corridors of surrounding properties are maintained.
E. Modification Of An Original Parcel Of Land:
1. Modification By Deed Or Survey: An owner may modify the boundary of an "original parcel of land", as defined in section 10-2-1 of this title, by a new, recorded deed description or a record of survey with a property description if an administrative determination has been made that:
a. More than fifty percent (50%) of the land area of each original parcel of land or at least four (4) acres will be or is and will remain located outside of the Floodplain Overlay District, Riparian Setback District, Mountain Overlay District, Wetlands Overlay District or any combination of these districts;
b. Each parcel is completely within the A-20 or A-40 Zoning District or both; or each parcel is and will remain four (4) acres or larger; and
c. Neither parcel will become any more nonconforming in size to the minimum lot size set out in the applicable zoning district.
2. Modification By Plat: If an original parcel of land cannot be modified under subsection E1 of this section, the owner shall modify the original parcel in compliance with the plat amendment requirements set out in subsection D2 of this section and pursuant to the platting procedures set out in sections 10-4-1 and 10-4-5 of this chapter.
F. Platting Of An Original Leasehold Parcel:
2. May file said plat with the County Recorder upon a Board finding that:
a. The plat complies with requirements set out in subsections D2a and D2b of this section; and
b. The size, density and location of any proposed original leasehold parcel shall be satisfactorily addressed in the plat or a development agreement if necessary. Where any original leasehold parcel is undersized to the zoning district, if it is located within a residential zoning district, the Board shall consider 1 the applicable requirements of chapter 6, "Planned Unit Developments", or 7, "Mobile/Manufactured Home Subdivisions, Parks, And PUDs", of this title; or if it is located within the A-20, A-40, R-10 or RR-40 Districts consider, as applicable, requirements of chapter 9, "Cluster Developments", of this title. (Ord. 2023-10, - -2023; Ord. 2018-01, 1-23-2018; Ord. 2012-07, 10-9-2012; Ord. 2012-03, 4-17-2012; Ord. 2011-01, 1-18-2011; Ord. 2008-15, 11-10-2008; Ord. 2007-05, 8-28-2007; Ord. 2006-10, 8-17-2006; Ord. 98-8, 10-5-1998; Ord. 77-6, 3-28-1977, eff. 4-14-1977)
Notes
| 1 | 1. To "consider" means to "take into account", or "give thought to". "[S]hall consider" is distinct from "shall find" or "shall determine". The best example of this distinction is in section 9-26-4 of this Code where the board "shall determine" compliance with the Comprehensive Plan but only needs to "consider" the other criteria except where the criteria language requires more such as under subsection 9-26-4B10a of this Code where the Board "shall find" as opposed to subsection 9-26-4B10b of this Code where the board "shall consider" factors favoring or not favoring a rezone application. The Code includes a couple dozen other instances of the word "consider" or "consideration" and all can be interpreted as reasonably consistent with this explanation. |