(A) Submission Of Plat Required: It is unlawful to make a "subdivision" of land as defined by this title 1 , or to set apart land for any public street, road, alley or any part thereof, until a plat thereof is submitted to and approved by the city.
(B) Exceptions (Record Of Survey Approved For Zoning):
1. Eligibility For Record Of Survey Procedure: To be eligible for processing under subsection (B)2 of this section, an application for approval of a plat or survey must be signed by all owners and determined by the administrator to meet one or more of the standards set out in this subsection (B)1:
(a) No lot or parcel which would be created by the plat or survey is less than forty (40) acres in extent; or
(b) A single, existing lot of record is being divided into not more than four (4) lots other than as part of an evident marketing program of greater extent, each lot or parcel within the proposed plat or survey clearly meets the lot size regulations of the applicable zone, and the McCall area comprehensive plan, and each lot or parcel within the proposed survey either meets lot street frontage, width and depth requirements of the applicable zone or is no less conforming in each such regard than is the single, existing lot of record; or
(c) Two (2) or more lots of record are being combined; or
(d) Two (2) or more lots of record are shown, and lots are being combined and/or divided in such fashion that the lot sizes would be proper were the land the subject of a formal subdivision of no greater extent, and each lot or parcel within the proposed survey either meets lot street frontage, width and depth requirements of the applicable zone or is no less conforming in each such regard than are the lots of record; or
(e) The proposed plat or survey implements a judicial decision in a probate, partition, or quiet title action, which decision decrees the setting off of individual lots or parcels to individual parties to or beneficiaries of the action, and every lot or parcel within the proposed plat or survey meets applicable zoning and the applicable comprehensive plan; provided, that the administrator need not recognize for these purposes a partition or quiet title action to which the city was not made a party and which the administrator concludes in the administrator's discretion was maintained to evade these regulations; or
(f) The proposed plat or survey is coextensive with and only further defines (including combining) one or more existing, contiguous lots of record, and each such lot of record was both of record and in several ownerships from any contiguous other lot of record on March 16, 2006; or
(g) The proposal is an amended plat which amends an existing final plat of record so as to make one or more minor adjustments in lot boundaries reflecting final construction of roads or amenities, the number and configuration of lots is unchanged, and there are no significant land use planning considerations not addressed as of the time of such final plat; or
(h) Except that no lot may be redivided to undo a previous combination of lots except by application in accordance with chapter 2 of this title; or
(i) A lot line adjustment between two (2) or more existing adjacent parcels, provided:
(1) No additional parcels or building sites have been created, and
(2) The adjustment does not create the potential to further divide either of the two (2) parcels into more parcels than would have been otherwise possible, and
(3) There are no resulting violations of this title or title III of this code.
(j) Land conveyed to or from a public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such a public utility for right of way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. (Ord. 822, 2-23-2006, eff. 3-16-2006)
2. Record Of Survey Procedure:
(a) Application: The surveyor or the owner shall apply for approval to proceed under this record of survey procedure. The application shall disclose the name and address of the owner, disclose the property in question, state the alleged purpose of the proposed survey, and either be accompanied by a preliminary survey or a drawing depicting the layout of the proposed survey in the context of the existing lots or tracts to which the survey or the purpose of the survey relates. (For example, if a survey is for the purpose of splitting an intervening lot between adjoiners, the application shall depict the land included in all 3 existing lots showing the new lot line in question, and the configuration of each of the 2 resulting lots.) The depiction may be based on record information, and not newly surveyed, but must be clearly depicted so a proper recordation may be filed and accepted by the county. The record of survey shall be tied to two (2) McCall modified grid control point network (MMGCPN) control points. Information including bearing, distance and point name shall be provided. Digital data shall be provided according to the digital data submittal standards policy. (Ord. 899, 5-24-2012)
(b) Review: The administrator shall review the proposed survey and determine whether the application qualifies for record of survey procedure.
(c) Application Does Not Qualify: If the administrator determines that the proposed survey does not qualify for this procedure, the administrator shall give written notice of that determination to the surveyor and the owner, stating the reason(s), and advising the owner that the owner should either correct the deficiencies or proceed to formal platting. If the owner modifies the plan of survey to conform to the requirements of this title, the administrator may proceed under subsection (B)2(d) of this section; otherwise, an application for a formal plat must be filed before any further proceedings can be conducted. However, if the owner proceeds to create a record of survey without corrections to the plan of the survey, it shall bear the following certificate:
This record of survey has not been approved by the City of McCall with respect to its compliance with McCall City Code. It may constitute an illegal subdivision. A building permit may be refused with respect to any individual lot shown on this record of survey.
(d) Application Qualifies: If the administrator determines that the application qualifies for record of survey procedure, the administrator may thereafter waive the application of some or all provisions of this title. However, the following three (3) conditions cannot be waived:
(1) Name, and evidence of ownership; and
(2) The preparation and recording of a record of survey pursuant to Idaho Code; and
(3) The preparation, execution, and securing of the performance of an agreement in form and scope similar to a development agreement, which addresses necessary improvements. (Ord. 822, 2-23-2006, eff. 3-16-2006)
(e) Approval Certificate: Following commission approval of use of the procedure, the administrator shall notify the surveyor to proceed with the record of survey. Such survey shall be prepared with a signature line for the city clerk and the following certificate:
This record of survey has been reviewed and approved by the City of McCall with respect to its compliance with the Subdivision and Development Ordinance and exemption from formal platting; an individual lot shown on this record of survey shall be considered a single lot for purposes of City ordinances. If this record of survey combines lots shown on a plat or survey of record, the separate sale of such former separate lots will constitute an illegal subdivision under the McCall City Code.
(Ord. 899, 5-24-2012)
(f) Compliance: A surveyor who has complied with this section does not violate this title by recording an unapproved record of survey when required by state law to do so. (Ord. 822, 2-23-2006, eff. 3-16-2006)
(g) Approval Period: The final plat shall be filed with the county recorder by the applicant within eighteen (18) months after written approval by the commission. Otherwise, such approval shall become null and void. (Ord. 899, 5-24-2012)
(C) Application Of Planning And Zoning Regulations: Wherever applicable, requirements herein also are delineated in title III, "Planning And Zoning", of this code. (Ord. 822, 2-23-2006, eff. 3-16-2006; amd. Ord. 1009, 10-6-2022)
Notes
| 1 | 1. See also definition of "subdivision" in section 3.2.02 of this code. |