The following divisions of land shall be exempt from the provisions of this chapter. A parcel of land created under an exemption set forth in this section will be recognized as a separate parcel as of the day the instrument which created the parcel is recorded.
A. Burial Plots: Divisions made for cemeteries or burial plots when used for that purpose.
B. Conveyances To Conservation Organizations: Divisions resulting from the conveyance of a parcel to a government agency, taxing district, or a public utility regulated by the Idaho Public Utilities Commission. Structures used for the purpose of housing emergency response agencies such as fire stations, police stations or EMS services may contain habitable space. No structures shall contain habitable space if such parcels are to be used for any other purpose.
C. Conveyances To Conservation Organization: Divisions resulting from the conveyance of land to a conservation organization, providing the land is conveyed as one parcel, and a conservation easement which complies with the requirements of section 8.6.904 of this chapter is recorded on the parcel.
D. Boundary Line Adjustments: Boundary line adjustments which comply with the applicable requirements of this subsection shall be exempt from the provisions of this chapter.
1. Boundary line adjustments to legally created parcels must comply with the following requirements:
a. No additional or non-contiguous parcels are created;
b. The resulting parcels meet the minimum size for the zone and are otherwise in conformance with all applicable provisions of this title; and
c. The adjustment does not result in parcels separated by a public road or a public or improved private right-of-way.
2. A boundary line adjustment may add land from an unplatted parcel to an existing lot or from an existing lot to an unplatted parcel.
3. A parcel that is not eligible for development permits because it does not conform to the applicable provisions of this title, or was created improperly, cannot become eligible for development permits solely as a result of a boundary line adjustment.
4. In order to ensure that no additional parcels of land are inadvertently created, boundary line adjustments should be accomplished by recordation of a deed of conveyance for the property that is to be transferred, and then by recordation of a second deed for the receiving parcel which describes the new, exterior parcel boundaries. A statement should also be included on the deeds of conveyance which indicates that those instruments are being recorded for boundary line adjustment purposes, and that no additional parcels are being created as a result of the adjustment.
E. Large Lot Divisions: Divisions of parcels which are at least forty (40) acres in size, when each resulting parcel is at least twenty (20) acres plus or minus three percent (±3%) in size. For purposes of this subsection, acreage may be based on the aliquot parts of the section of land in which the parcel is located. For example, a quarter-quarter section would be deemed to be a forty (40) acre parcel. Boundary line adjustments of parcels divided pursuant to this subsection, or any predecessor thereof, shall be exempt from the provisions of this chapter so long as all such parcels remain at least twenty (20) acres plus or minus three percent (±3%) in size.
F. Decedent’s Estates: Divisions made pursuant to a will, testamentary trust, testamentary provision of an inter vivos trust, or other similar instrument associated with a decedent's estate. The instrument must contain language providing for the division to be made. Such divisions must comply with the following requirements:
1. Each parcel has legal access to a public road;
2. Each parcel meets the minimum size for the zone; and
3. Each parcel is otherwise in conformance with all applicable provisions of this title.
G. Eminent Domain: Divisions resulting from the exercise of eminent domain by an agency of the State of Idaho or by any local agency or taxing district, including any purchase negotiated between the agency and the property owner in lieu of eminent domain proceedings.
H. Parcels Created By Court Order: Parcels of land created by court order other than one associated with a decedent's estate or exercise of eminent domain shall be considered a legally created parcel, but shall not be eligible for development permits until they are validated through approval of a major subdivision, minor subdivision, or minor land division pursuant to this chapter.
I. Subdivision Exemptions:
1. The Director may grant an exemption from the application of this chapter for any subdivision of an unplatted parcel which the Director determines, pursuant to this subsection, is not within the purposes of this chapter.
2. This subdivision exemption process requires approval of the Director. Subdivision exemptions may be granted only on the basis of the required findings enumerated in paragraph (3) of this subsection.
3. Required Findings. To approve an application for a subdivision exemption, the Director must make the following findings:
a. The parcels will not enlarge or expand an existing nonconformity.
b. The parcels are not located within a floodway.
c. The parcels have legal access to a public road.
d. The parcels meet the minimum size prescribed in the underlying zone, or can be combined with a parcel that meets the minimum size prescribed in the underlying zone.
e. The proposal is not in conflict with the Comprehensive Plan.
4. The process for approval of a subdivision exemption shall be as set forth in section 8.8.204 of this title, with the exception of subsection C thereof. The decision of the Director may be appealed in accordance with chapter 8, article 8.5 of this title. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019)