(1) Purpose: The director shall have the authority to relocate available residential permits between said contiguous parcels for the purpose of clustering said residential building permits on a destination parcel.
(2) Minimum Parcel Or Lot Area: The minimum parcel or lot area of this section shall be one acre.
(3) Notifications: Upon acceptance of an application, DSD shall, by mail, provide notification of the proposed relocation to the owners of parcels which are contiguous to the destination parcel and to the owners of parcels which are within six hundred feet (600') of the external boundaries of the destination parcel and shall provide such individuals a period of fifteen (15) calendar days from the date of the mailing to submit comments concerning the proposed relocation.
(4) Evaluation And Determination Of Application: The director shall consider all comments that are received within the fifteen (15) day comment period prior to making a final decision concerning the relocation request. In considering comments, the director shall evaluate whether such comments articulate and demonstrate that the parcel is eligible for the relocation of building permits. The director shall evaluate each application on an individual basis and shall exercise discretion in determining whether or not to approve such an application with consideration given to each of the following requirements:
A. The originating and destination parcels must be contiguous. "Contiguous" means touching at a point or along a boundary, including parcels divided by railroad, public right of way, canal, ditch, river, or stream; and
B. The originating parcels must be eligible for an administrative land division under this article or have a building permit available; and
C. The relocation uses the originating parcel's administrative land division/building permit and no other administrative land division is available for the parcel; and
D. The relocation must demonstrate at least one of the following:
1. Promotion of effective or efficient farming. If the applicant demonstrates that the relocation would create a more cost effective or efficient method of farming the originating parcels or make them more viable for the production of crops; or
2. Clustering of structures;
E. Deliberate action to withhold productive farm ground from production strictly in order to qualify for administrative relocation of building permits pursuant to this subsection shall disqualify such farm ground from treatment under this subsection.
(5) Approval, Division Of Destination Parcel:
A. The size, shape, and location of the destination parcel, as well as the parcels to which it will be divided into, shall be subject to the approval of the director.
B. If the application meets the requirements of this subsection, the director may approve the division of the destination parcel into no more than four (4) parcels. The director may attach limiting conditions to the approval.
C. If the request is approved, the director shall issue a letter of approval setting forth the details and requirements of the division including the size, shape, and location of the destination parcel.
D. The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.
(6) Appeal By Affected Person: Any affected person who is aggrieved by the decision may file a written notice of appeal in accordance with section 07-05-07 of this chapter.
(7) Onetime Only Division: Once an administrative land division has been approved, there shall be no other administrative land division from that land regardless of ownership of any of the land involved.
(8) Required Language On Approvals: Language from the Idaho right to farm act1 shall appear on administrative land division approvals.
(9) Exceptions: If the land division does not qualify as an exception under the subdivision standards of subsection 07-17-03(3) of this chapter, then all regulations of article 17 of this chapter shall apply.
(Ord. 22-071, 9-14-2022)