A. Regulated: The following regulations shall apply to the subdividing of all land within the corporate limits of the City including property within one mile of the corporate limits, as required under section 50-1306 of the Idaho Code, and shall include the following:
1. The division of land into two (2) or more tracts, lot or parcels for transfer of ownership or for change of use, or for the development of said property;
2. The dedication of any street or alley through or along any tract of land;
3. The resubdivision of an original parcel of land into two (2) or more parcels except as provided in the exceptions listed below;
4. The development of condominium projects. In condominium projects, as permitted by Idaho Code, the City Planning and Zoning Commission and City Council may regulate and attach conditions to the design and location of buildings, the creation, shape and size of condominium units, the provisions and maintenance of open space and off-street parking. Unless excepted pursuant to the provisions of this Title, the Planning Commission and City Council shall require the installation of public improvements and utilities for condominium projects as required under the provisions of this Title;
5. Any projected use of land which requires the construction of multiple buildings or structures thereon for human habitation or occupancy, roadways for access thereto, or utilities for service to more than one structure for human habitation or occupancy upon said property, whether said property remains under single ownership or is transferred to another person;
For purposes of the administration of zoning and subdivision regulations, the Planning and Zoning Commission may consider a condominium development as a single building, requiring one front yard, two (2) side yards, a rear yard, and other regulations pertinent to a given lot, and may grant such exceptions as are necessary to the zoning and subdivision regulations to permit such development.
B. Exceptions:
1. A readjustment of lot lines which does not reduce the area, frontage, width, depth or building setback lines below the minimum required.
2. A subdivision of an original parcel of land into parcels of five (5) acres or more designated for agricultural purposes, and which does not involve any new street dedication.
3. One division of any original parcel into not more than two (2) parcels; provided, that each parcel resulting from such subdivision shall front upon a public street.
4. An allocation of land in the settlement of an estate or a court decree for the distribution of property thereunder.
5. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code. (Ord. 2000-1, 4-4-2000)