A lot split is the creation of any parcel of land, for the purpose of sale, lease, rental or development. All lot splits shall comply with the following requirements:
A. Evasion Of Requirements: Lot splits shall not be used as a means to evade the requirements of this title for subdivision by using multiple lot splits.
B. Permitted Use Accommodated: Any lot created shall be capable of accommodating a permitted use allowed by this title.
C. Frontage On Road: Any lot created shall have frontage on and direct access to an existing public road in compliance with the standards of this title. The approval of the Power County highway district or the Idaho transportation department as appropriate shall be required for the location of any said access to an existing public roadway.
D. Compliance With Standards: Lot splits shall comply with all other applicable standards of this title.
E. Access To Lot: The provision of access to the lot created, including any necessary extension of roads, shall be the responsibility of the developer.
F. Subsequent Splits: A single (or "parent") lot may only be divided or "split" up to three (3) times. Any lots created from the parent lot must comply to the underlying zone. Any subsequent divisions will be considered a subdivision and shall comply with all requirements of a "subdivision" herein.
G. Zone Requirements: All lots created by the lot split must meet the requirements of the zone of the parcel being split, i.e., minimum lot size, setbacks, etc. All lots must have safe legal access, including access for utilities.
H. Deed Restriction: All lot splits shall require a deed restriction on the parent parcel and the parcel split off to track the number of times the lot has been split.
I. Compliance: The commission shall determine whether the proposed lot split is in compliance with the comprehensive plan and this title. If it finds that the proposed lot split complies, it shall approve the application. If it finds that the proposed lot split is not in compliance, it shall disapprove the application. Conditions may be attached to an approval, as provided herein.
J. Approval Of Use: Approval of a lot split does not constitute or imply approval of a permit for any prospective use of the lot created.
K. Maximum Acreage Of The Parent Lot: At the option of the applicant, prior to dividing or splitting up a parent lot, the applicant may designate, and divide the parent lot down to one hundred sixty (160) acres of dry land agricultural land or eighty (80) acres of irrigated agricultural land, to be the parent lot for lot splits. This dividing of the parent lot parcel must be in a form acceptable to the county recorder, and recorded prior to the lot split application. The remaining land not so designated will not be labeled the parent lot for any subsequent lot split, only the land designated as the parent lot as indicated.
Any contrary provisions of this code, which conflict with this section concerning lot splits, are hereby modified so that this section shall govern. (Ord. 2015-4, 3-9-2015)