A. Applicability: These regulations apply to the division of land into two (2) or more contiguous lots, tracts, or parcels, and to the reconfiguration, combination or change in status of a platted lot or right-of-way (e.g. conversion of a utility lot to a building lot) within the unincorporated areas of Shoshone County, unless otherwise specified by an area of city impact ordinance adopted pursuant to Idaho Code section 67-6526.
B. Exemptions: The following divisions of land are exempt from the remainder of the requirements of this Subdivision Ordinance or title, however all other County Code requirements may still apply.
All divisions created under an 'Exemption' shall be reviewed and approved by the Planning Administrator prior to recordation. Applicable processing and review requirements shall be provided by the Administrator, and shall be submitted to the Administrator with a fee as set forth on the fee schedule as adopted from time to time by resolution of the Board of County Commissioners.
All exception approvals shall file a Record of Survey (ROS) per Idaho Code Title 55, Chapter 19-Recording of Surveys. The ROS shall have a signature block on the face for Planning Administrator approval. The corresponding conveyance deed(s) with ingress/egress/utility easements granted shall be filed in conjunction with the ROS and referenced with the recorded instrument number. Ingress and egress from proposed parcel shall adjoin a public road, and access shall be demonstrated to comply with subsection 10-5-1B5 of this title and the appropriate ingress/egress easements shall be provided and may be required to be applied to the ROS face. Parcels of land created under these provisions will be recognized as separate pieces of property on the day the instrument creating them is legally recorded.
1. Division made for cemeteries or burial plots while used for that purpose.
2. An adjustment of lot or boundary lines which does not reduce the area, frontage, width, depth, or building setback lines of each lot below the minimum zoning requirements for the applicable zone and is otherwise in conformance with all County Ordinances, and does not create additional parcels, lots, or tracts. All lot line adjustments must be approved by the Planning Administrator prior to recordation. (Note: Lot and boundary line adjustments are accomplished by recording a deed of conveyance for the property that will be transferred, and then, for the receiving parcel, recording a second deed describing the new, exterior parcel boundaries - so that an additional parcel of land is not inadvertently created.)
3. Division made by the acquisition of right-of-way for road improvement purposes by a public agency.
4. Division resulting from the unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho and United States constitution and laws.
5. Divisions resulting from the conveyance of a parcel of land to a taxing district, government agency, or utility regulated by the Public Utilities Commission, providing the parcel will not be used for habitable structures such as offices or service centers. Divisions used for the purpose of housing emergency service responders such as fire stations, police stations or ambulance services are permitted.
6. The division of one (1) non-contiguous parcel in which each newly created parcel conforms with all County ordinances and has legal ingress/egress/utility access. Non-contiguous status is defined as: created by a natural or geological separation, such as surface waterways (excluding Class II streams and drainage areas); or separations created by public dedication of right-of-way or easement. (i.e. local, State or Federal roads, highways, and interstates including private railroad right-of-way).
7. Divisions made pursuant to a court order or the execution of a Last Will and Testament, each having a recorded access easement to a public road (or road built to public road standards), and each conforming with all applicable County ordinances. (Ord. 139, 12-22-2009; amd. Ord. 164, 6-15-2021)