TITLE 10
SUBDIVISIONS

CHAPTER 1
SUBDIVISION REGULATIONS

SECTION:

10-1-1: Authority And Jurisdiction

10-1-2: Application Of Regulations

10-1-3: Definitions

10-1-4: Subdivision Plan Approval Required

10-1-5: Subdivision Review And Approval Procedures

10-1-6: Plans And Specifications

10-1-7: Inspections

10-1-8: Conditions Of Subdivision

10-1-9: Penalties

10-1-1: AUTHORITY AND JURISDICTION:

   A.   Authority: The requirements established by this title are authorized by Idaho Code title 67, chapter 65 1 , which provides a process which is a prerequisite to the filing of a subdivision plat when required by Idaho Code title 50, chapter 13, or by Kootenai County ordinance.

   B.   Jurisdiction: The provisions of this title apply to the subdivision of all land within the city. This title governs the design and improvement of subdivision of land. It does not abrogate or otherwise modify any provisions of Idaho Code title 50, chapter 13, which governs requirements of subdivision plats. In instances of potential conflict in application of this law and state statute, the more stringent provision shall take priority. Nothing contained herein shall be construed as a license to avoid filing of a subdivision plat when otherwise required by state law. (Ord. 381, 8-29-2002)

 

Notes

1	1. IC § 67-6513.

10-1-2: APPLICATION OF REGULATIONS:

   A.   For the purpose of this title, a "subdivision" shall be defined as the division of any tract of land into two (2) or more lots, parcels, tracts or sites, for the purpose of sale, lease, establishing a regulated primary land use or building development, whether immediate or future.

   B.   This title shall apply to both the division of a large tract of land into multiple lots and the further division of any existing subdivision lot.

   C.   Any such division is hereby defined as a subdivision and shall proceed only in compliance with this title and applicable state law.

   D.   The provisions of this title shall not apply to:

      1.   Divisions of land where the smallest tract is not less than twenty (20) acres (gross area to include road rights of way).

      2.   Indefinite divisions of a tract of land made by testamentary provision, the laws of descent or similar orders of partition entered by court proceeding.

      3.   Divisions made for cemeteries or burial plots while used for that purpose. This exemption is limited to exemption from internal improvement requirements. No exemption is provided from boundary or exterior improvement requirements necessary to provide services or access to or through a cemetery.

      4.   Divisions made for the purpose of lot line adjustments where no additional building sites are created and where the resultant tracts comply with zoning ordinance requirements 1 .

      5.   Mere recordation of legal descriptions, without actual conveyance of the land described.

      6.   Any lot or lots forming a part of any subdivision created and recorded prior to the effective date of this title.

   E.   Divisions of land which are the result of a conveyance which occurred prior to the effective date of this title shill be governed by provisions of the law which predated this title. (Ord. 381, 8-29-2002)

 

Notes

1	2. See title 9 of this code.