A. These regulations shall apply to all subdivision of land within the City limits unless exempt as provided in this title. All divisions of land that were the result of a legal conveyance in compliance with prior subdivision ordinances of the City or County prior to the effective date hereof, and which meet the requirements of the underlying zoning classification, shall be considered eligible to apply for building permits. Certain provisions of this title shall apply to the division of any tract of land outside the corporate limits of the City, but within the area of City impact as agreed between the City and Shoshone County pursuant to Idaho Code.
B. It shall be unlawful for any person to carry out actions constituting the subdivision of land without first complying with the provisions of this title, and any other provisions of this Code.
C. Lots created and transferred, constituting the subdivision of land as defined or required by this title, shall not be eligible for City permits unless created in accordance with this title and Idaho Code, title 50, chapter 13 or its successor and all required improvements have been constructed and accepted by the City or suitably guaranteed.
D. Exemptions to this title include:
1. Divisions of a tract of land made pursuant to testamentary provisions, the laws of descent, or similar orders of partition entered by court proceedings to distribute undivided interests. Parcels of land so created must comply with lot size, frontage, and other standards established by this Code and other applicable laws to be eligible for a building permit or to qualify for establishment of a regulated land use.
2. Divisions made for the purpose of lot line adjustments where no additional lots are created and where the resultant tracts comply with the requirements of the underlying zoning classification and the following requirements:
a. Existing lots or parcels may not be reduced in size below the minimum lot dimensions established by the applicable zoning district.
b. Adjusted lots or parcels must meet lot coverage requirements and must accommodate minimum required setbacks.
c. Such adjustments may necessitate access and utility easements to be recorded.
d. If lot line adjustments are conducted on "nonstandard" lots then the resulting adjusted lots should better conform to the applicable zoning standards.
3. Divisions made as the result of exercise of the powers of eminent domain as defined and allowed for by Idaho Code.
4. Divisions made for the expansion or acquisition of road rights-of-way by a public agency.
5. Divisions for conveyance of land to the City, a public entity, homeowners' association or public utility for a public or common purpose (well site, drainage site, fire station, school site, park site, etc.).
6. Divisions made for cemeteries or burial plots. (Ord. 596, 6-13-2018)