(A) Vacation of any plat, or any portion of a plat, may be proposed, following the procedure provided here and in Idaho Code § 50-1306A.
(B) Note that the county may take no action on a proposed vacation within the impact zone of any incorporated city until the vacation has been approved by the city.
(1) The petition for vacation and any required fee shall be filed with the PZA 14 days in advance of the next regular Commission meeting, who shall place consideration of that petition on the agenda of the next regular Commission meeting, at which time will permit its proper review.
(2) The Commission shall review the proposed vacation and recommend that the vacation either be accepted or denied by the Board.
(3) The Commission shall notify the Board and the petitioner of the Commission’s recommendation within 15 days, and unless the petitioner withdraws the petition, place a hearing on the proposed plat vacation on the agenda of the next regular Board meeting for which the notice requirements can be met, and at which time will permit its proper review.
(4) Notice of the hearing shall be provided as follows: by first class mail to all owners of property within, and within 300 feet of, the boundaries of the plat proposed to vacated, at least 14 days before the hearing; and by newspaper publication, two successive legal notices in the official newspaper, with the final newspaper notice appearing at least seven days prior to the hearing.
(5) The Board shall conduct a hearing on the proposed plat vacation. No petition shall be reviewed if the petitioner or a representative is not present.
(6) The Board shall accept or reject the petition for vacation, with acceptance based on findings that:
(a) The vacation will not eliminate safe road access to any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to, the plat;
(b) The vacation will not eliminate easements or rights-of-way used for utilities serving any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to, the plat; and
(c) All owners of property or property interests within the plat proposed to be vacated have consented, in writing, to the vacation.
(7) The Commission shall notify the petitioner and interested parties of the Board’s decision within 15 days. Appeals may be taken to the Board of County Commissioners using the procedures set forth herein.
(Ord. 2007-8-13, passed 3-11-2019)