Boundary County Unincorporated
City Zoning Code

     Except where exempt at 11.2, below, a development permit authorizing subdivision will be obtained prior to the partition of any lot or parcel within the jurisdiction of Boundary County.

     Provisions of this section do not apply when all new parcels created are not platted and equal or exceed 20 acres or one-thirty-second aliquot portion of a section in size, nor will these provisions or minimum parcel size requirements apply when:

    It is the responsibility of the applicant, based on the specific provisions of the zone district in which the subdivision is proposed, to provide sufficient information and data so as to convince the deciding body that the specific proposal is or can be made compatible with zone district requirements, that sufficient public services are or can be made available to accommodate the proposed subdivision and that subdivision standards are met. Applications for platted subdivisions or lot line adjustments will be made on forms provided by the administrator and include all ownership interest in the property to be divided, to include holders of liens, and bear the signatures of all parties holding an ownership interest in the property being divided indicating approval for platting. In addition, applications shall include:

    Preliminary plats submitted for consideration of establishing a platted subdivision shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet, and shall include a north point and graphic scale. The map will, at minimum:

    Following approval of the preliminary plat, and prior to the sale or conveyance of any lot or block, the applicant shall cause to be drawn a final plat in conformance with the terms and conditions established and with Title 50, Chapter 13, Idaho Code, and the following:

  Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.

  Parcels are created for mineral, oil or gas leases.

  Parcels are created for the placement of government services, public utilities or rights-of-way.

  Parcels are divided for the sole purpose of burial or interment within an approved cemetery.

  Parcels are established through testamentary provisions or the laws of descent, provided the parcel meets or exceeds the density of the zone in which the parcel resides

  Divisions of land ordered by a court of competent authority in Boundary County, provided documentation is provided the administrator so as to identify parcels so created.

  Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator so as to identify parcels so created.

  Subdivisions approved by long plat, intended primarily for residential development, that do not increase the density of the zone district in which they lie, but in which lots to be developed are grouped together and a lot or lots set aside and restricted from development regulated by Boundary County. Standards for development depend on the size lots proposed and are further defined in succeeding subdivision types. In a clustered subdivision, the following additional standards apply:

  Subdivisions approved by long plat intended primarily for commercial or industrial development in accordance with zone district standards within the rural community/commercial, commercial/light industrial or industrial zone districts. In commercial/industrial subdivisions, the following standards apply:

  As defined at Section 2.33.1., processed by short plat.

  Subdivisions approved by long plat and intended to provide a combination of residential and commercial uses so as to provide goods, services and economic opportunity to complement residential development in those zones where commercial or light industrial uses are conditionally allowed. Standards for development depend on the size lots proposed and further standards are defined in other subdivision types, and applications will demonstrate the concept, types of use and any limitations thereon.

  Subdivision by short plat to create subdivisions primarily intended for residential development, or where each lot meets or exceeds the density of the zone district in which it lies, but are not less than five acres, and not more than two lots, and which make limited or no provision for the construction or installation of basic utilities, to include roads, water, septic or electrical service. Primitive subdivisions will accurately disclose the level of services or lack thereof on the face of the plat, and each lot so created will have, at minimum, defined access and easements meeting width requirements established by the current Boundary County Road Standards Manual from an existing public road.

  Subdivision by short plat to create lots primarily intended for residential development where each lot meets or exceeds the density of the zone district in which it lies. In a rural subdivision, the following development standards apply:

  Subdivision by long plat to create lots intended for residential development in which any lot proposed is less than 2 ½ acres in size. In an urban subdivision, the following standards apply:

  One (1) copy of the full-sized preliminary plat and attachments, plus sufficient copies rendered on paper not to exceed 11x17 inches in size to allow for public hearing, as determined by the administrator.

  Preliminary copy of proposed CC&Rs, if any.

  Additional documentation, charts, maps or drawings so as to convey the scope and design standards of the proposed subdivision, as determined by the applicant.

  Provide the proposed name of the subdivision, so as not to duplicate any name currently in use.

  Accurately describe and propose names, as approved by County GIS Mapping, for all streets, alleys and other routes of access, with widths, courses and tentative grades clearly shown.

  The names of any special purpose districts serving the area where the subdivision is to be proposed or which are anticipated to serve the proposed subdivision, including but not limited to school districts, water and sewer districts, fire districts and irrigation districts.

  The location of important infrastructure features within or adjacent to the proposed subdivision, including but not limited to railroad lines, existing roads and easements, existing sanitary sewers, wells, water lines, utility easements, private easements, irrigation or drainage structures, storm drains or storm water control improvements, culverts, electrical lines, telephone lines, etc., and include the name of each company, utility district or individual providing easement or service.

  The location and nature of important topographical features within or adjacent to the proposed subdivision, including but not limited to water courses, riparian areas, wetlands, special or hazardous areas, and public parks, traditional recreation areas, greenbelts or open spaces.

  Define all lots proposed, including lots to be restricted, numbered consecutively by lot and/or block, showing the exterior boundaries by distance and bearing and including the actual size, in acreage, of each lot proposed.

  Include inset or separate sheet depicting the general characteristics of the area in which the subdivision is proposed, to include adjacent or nearby platted subdivisions.

  Include inset or separate sheet depicting the general topography of the ground proposed for platting.

  The name of the subdivision and the name of the larger tract or subdivision of the Public Land Survey System of which it is part. The names of the subdivider(s) and the seal and signature of the engineer and/or surveyor who prepared the plat.

  The initial point of survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.

  The centerlines and widths of all existing or proposed streets, roads and alleys. The road name, as approved by County GIS Mapping, on any new roads or shared driveways which will access 3 or more parcels. The length and bearing of the lines of all lots, streets, roads, alleys, rights of ways and easements. It should include the profile of each street, road or alley intended for dedication or conveyance to Boundary County, showing tentative grades and cross sections showing widths of roads, culverts, ditches, sidewalks and other features as applicable. All roads proposed for dedication or conveyance shall be designed, constructed and surfaced to standards established in the current Boundary County Road Standards Manual, and approved by Boundary County Road and Bridge prior to acceptance.

  A place for the signature of the appropriate official of the Panhandle Health District for certification of compliance of the plat per requirements of 50-1326 through 50-1334, Idaho Code.

  A certificate containing the correct description of all lands dedicated to Boundary County, along with a place for signed acknowledgement by the officer duly authorized to accept such dedications.

  A valid title policy which guarantees clear title on all property intended for dedication or conveyance to Boundary County.

  A place for the signature of the Boundary County Treasurer certifying that there are no county property taxes due and unpaid on the lands contained within the plat.

  If the plat is located within any special purpose district, the plat shall contain a certificate bearing the signature of the appropriate official of such district signifying the plat’s compliance with the regulations of the district and/or the relevant provisions of Idaho Code.

  A place for the signature of the designated county surveyor, with surveyor’s fee to be paid by applicant.

place for the signature of the administrator, acknowledging the final plat to be ready for the Commissioner's final signature.

  A place for the signature of the chairman of the Board of County Commissioners signifying the board’s approval of the plat for recording and filing.

  A place for the signature of the Boundary County Clerk of Court certifying recording of the plat.

  Failure to file simple subdivision when so required will constitute an infraction pursuant to Section 4.1.1.3.

  The owner of real property who offers for sale a parcel or parcels represented as being in a subdivision when no final plat has been recorded will be guilty of a misdemeanor for each parcel so offered pursuant to Section 4.1.3.9. Additionally, agents of the owner involved in false representation may be subject to disciplinary action as established at IC 54-2060.

        Where both community water and sewer service are available, no lot created will be less than ¼ acre in size.

        Where either community water service or sewer service are available, but not both, no lot created will be less than one acre in size.

        Where neither community water service or sewer service are available, no lot created will be less than 2 ½ acres in size.

        No buildable lot lies within an unnumbered A flood zone as identified by the National Flood Insurance Program, or within an identified wetland.

        To qualify as a restricted lot, the lot or lots so set aside will be used to accomplish one or a combination of the following, as depicted by plat or CCRs:

        All lots created are served by roads built and surfaced to standards established by the current Boundary County Road Standards Manual.

        All lots created are served by installed electricity and water connections.

        All lots created are or can be served by sewer or private septic system.

        Roads intended for adoption by Boundary County shall be built and surfaced to standards established by the current Boundary County Road Standards Manual serve all lots created. Where roads are to remain under private ownership and maintenance, the subdivision created shall be served by defined access and utility easements to an existing public road, to meet width and slope requirements established by the current Boundary County Road Standards Manual, and all lots shall be served by roads surfaced to a standard sufficient to allow all-weather access by emergency vehicles, actual surface notwithstanding. Where four or fewer lots are proposed, road width and slope requirements may be waived.

        Each lot created is or can be served by a water district association, approved community water system or by private well.

        Each lot created is or can be served by sewer or private septic system.

        Each lot is or can be served by an electrical utility.

        Roads intended for adoption by Boundary County shall be built and surfaced to standards established by the current Boundary County Road Standards Manual serve all lots created. Where roads are to remain under private ownership and maintenance, the subdivision created shall be served by defined access and utility easements to an existing public road, to meet width and slope requirements established by the current Boundary County Road Standards Manual, and all lots shall be served by roads surfaced to a standard sufficient to allow all-weather access by emergency vehicles, actual surface notwithstanding. Where four or fewer lots are proposed, road width and slope requirements may be waived.

        Electrical service sufficient for residential use is brought to each lot.

        Each lot is or can be served by a water district or association or by private well.

        A sewer or a Panhandle Health District-approved septic system serves each lot.

        Applications for lot line adjustments or short plat subdivisions will be made on forms provided by the administrator and will include preliminary plat as established at 11.5, above.

        Upon receipt of a completed application for lot line adjustment or short plat, the administrator will provide copies of the application and preliminary plat to the County Assessor, Treasurer, Road and Bridge, GIS Mapping, and Weeds Department and schedule public hearing on the next available agenda of the board of county commissioners, allowing time for public notification. At least one week prior to the date of the hearing, the administrator will provide each member of the board of county commissioners copies of the application, the preliminary plat and any written public comment received, along with a staff analysis, which will at minimum provide:

        At the conclusion of public hearing and based on materials included in the application, the staff analysis and comment received through public hearing, the board of county commissioners will hold discussion to reach a reasoned decision and consider terms or conditions sufficient to allow the administrator to prepare written findings and decision.

        When considering an application for lot line adjustment or short plat, the board of county commissioners should determine, at minimum:

        In considering approval of a lot line adjustment or short plat, the board of county commissioners may consider the imposition of terms and conditions as a means of addressing concerns, to mitigate potential adverse effects, to protect the public interest or to ensure that the burden of providing necessary infrastructure does not fall to the general public. Terms and conditions may include, but are not limited to:

        Based on the findings developed, the board of county commissioners will develop written findings, and may, at their discretion, table the final adoption of these findings and decision to a specific date and time so as to allow review and approval. The board of county commissioners may:

  Applications for long plat subdivisions will be made on forms provided by the administrator and will include preliminary plat as established at 11.5, above.

   Upon receipt of a completed application for long plat subdivision, the administrator will provide copies of the application and preliminary plat to the County Assessor, Treasurer, Road and Bridge, GIS Mapping, and Weeds Department and schedule public hearing on the next available agenda of the planning and zoning commission, allowing time for public notification. At least one week prior to the date of the hearing, the administrator will provide each member of the planning and zoning commission copies of the application, the preliminary plat and any written public comment received, along with a staff analysis, which will at minimum provide:

        At the conclusion of public hearing and based on materials included in the application, the staff analysis and comment received through public hearing, the planning and zoning will hold discussion to reach a reasoned decision and consider terms or conditions sufficient to allow the administrator to prepare written findings and recommendation.

        Upon receipt of signed findings and recommendation, the administrator will schedule public hearing before the board of county commissioners pursuant to Section 19. At the conclusion of public hearing and based on materials included in the application, staff analysis, the findings and recommendation of the planning and zoning commission and on new comment received through public hearing, the board of county commissioners will hold discussion to reach a reasoned findings and to establish terms or conditions as established at Sections 11.6.1.4. and 11.6.1.5. sufficient to allow the administrator to prepare written findings and decision.

        Based on the findings developed, the board of county commissioners will develop written findings, and may table the final adoption of these findings and decision to a specific date and time so as to allow review and approval. The board of county commissioners may:

    Prior to recording the final plat, the applicant shall:

When a subdivision requiring plat is created in violation of this ordinance, or when a lot is offered or conveyed prior to recording a final plat, the property owner will be guilty of a misdemeanor for each lot or parcel created pursuant to In addition, procedures for invoking penalties established at may be pursued.

If the Final Plat is not completed (not fully recorded) by the final plat recording date (see 11.6.2.5.1.1.2.2.), as found on the permit, the application will be canceled.

  Greenbelt, open space or buffer zone.

  Critical area protection.

  Agricultural or silvicultural production and harvest.

  Common outdoor recreation area, such as but not limited to hiking, hunting, fishing, equestrian, skiing, or playgrounds.

  A summary of the development proposed, including the type subdivision.

  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

  Overlay zones, hazardous areas or special sites affected by the application.

  A listing of other agency approvals that might be required prior to the onset of development.

  Comprehensive plan considerations.

  A listing of applicable provisions of this ordinance, including standards.

  Whether the proposed plat is in accord with applicable provisions of this ordinance.

  Whether adequate public services are or can be made available.

  Whether the proposed subdivision is designed so as to reduce or eliminate adverse impact on adjacent properties or land uses.

  Whether the proposed subdivision is situated so as to avoid potentially hazardous or sensitive areas or sites.

  Whether access is sufficient to accommodate increases that might result from the subdivision proposed.

  Control the sequence and timing of development.

  Establish provisions for perpetual maintenance of public areas, facilities or utilities, to include roads.

  Require the installation of essential infrastructure, to include requiring a guarantee of installation and surety pursuant to Section 5.

  Require landscaping, fencing or other such measures to reduce potential adverse impacts or to maintain aesthetics.

  Require specific security measures, such as traffic signs, traffic and school bus turnouts, fencing, gating or lighting to protect the public safety.

  Require specific endorsement on the face of the final plat sufficient to inform potential buyers of levels or lack of services to be provided, potential nuisances to expect or other information deemed appropriate to reasonably assure that buyers are aware of any limitations in what they are buying.

  Approve the application and processing of final plat by motion and majority vote, establishing applicable terms and conditions to be required for signature on final plat.

  Table the application and preparation of final plat pending adoption of a guarantee of installation and surety, to allow revisions to the preliminary plat or to CCRs, or to allow documentation of compliance with other agency requirements.

  Deny the application for cause.

  A summary of the development proposed, including the type subdivision.

  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

  Overlay zones, hazardous areas or special sites affected by the application.

  A listing of other agency approvals that might be required prior to the onset of development.

  Comprehensive plan considerations.

  A listing of applicable provisions of this ordinance, including standards.

  When considering an application for long plat subdivision, the planning and zoning commission should determine, at minimum:

  In considering a recommendation of approval of a long plat subdivision, the planning and zoning commission may consider the imposition of terms and conditions as a means of addressing concerns, to mitigate potential adverse effects, to protect the public interest or to ensure that the burden of providing necessary infrastructure does not fall to the general public. Terms and conditions may include, but are not limited to:

  Based on the findings developed, the planning and zoning commission will develop written findings and recommendation. At their discretion, the planning and zoning commission may table release of findings and recommendation until the next regular meeting to allow review and approval. In rendering findings and decision, the planning and zoning commission may;

  Approve the application and processing of final plat by motion and majority vote, establishing applicable terms and conditions to be required for signature on final plat.

Subsequent to Commissioners determination, specify any Terms and Conditions.

  Table the application and preparation of final plat pending adoption of a guarantee of installation and surety, to allow revisions to the preliminary plat or to CCRs, or to allow documentation of compliance with other agency requirements.

  Deny the application for cause.

Request a time line extension if unable to complete Final Plat prior to the final recording date.

If an extension is applied for within the last 90 days of the first final recording date, extend this final recording date one (1) full year from the original date and update the permit to reflect this granted extension.

Obtain requisite signatures from all but the chairman of the board of county commissioners and the Boundary County Clerk of Court, and shall then submit two (2) signed copies of the final plat and CC&Rs to the administrator, one mylar and one paper.

The board of county commissioners may then authorize the chairman to sign the final plat and authorize the plat for signature and recording with the county clerk of court.

The approval process includes issuance of a permit to subdivide property, based on County Commissioners’ approval and subject to any Terms and Conditions specified (11.6.1.5.)

  Whether the proposed plat is in accord with applicable provisions of this ordinance.

  Whether adequate public services are or can be made available.

  Whether the proposed subdivision is designed so as to reduce or eliminate adverse impact on adjacent properties or land uses.

  Whether the proposed subdivision is situated so as to avoid potentially hazardous or sensitive areas or sites.

  Whether access is sufficient to accommodate increases that might result from the subdivision proposed.

  Control the sequence and timing of development.

  Establish provisions for perpetual maintenance of public areas, facilities or utilities, to include roads.

  Require the installation of essential infrastructure, to include requiring a guarantee of installation and surety pursuant to Section 5.

  Require landscaping, fencing or other such measures to reduce potential adverse impacts or to maintain aesthetics.

  Require specific security measures, such as traffic signs, traffic and school bus turnouts, fencing, gating or lighting to protect the public safety.

  Require specific endorsement on the face of the final plat sufficient to inform potential buyers of levels or lack of services to be provided, potential nuisances to expect or other information deemed appropriate to reasonably assure that buyers are aware of any limitations in what they are buying.

    Forward to county commissioners a recommendation of approval, to include recommended terms and conditions.

     Recommend that the application for long plat be denied for causes described.

    Forward to county commissioners written considerations when the planning and zoning commission is split and unable to reach consensus on a recommendation.  These written considerations will specify issues of contention and the rationale of members on each side of the issues, to include any terms or conditions proposed. Final action will be tabled until the next regular meeting to allow review and approval of written considerations, with motion and majority vote to authorize the chairman to sign.

The approval process includes issuance of a permit to subdivide property, based on County Commissioners’ approval and subject to any Terms and Conditions specified (11.6.2.3.2.)

If the Final Plat is not completed (not fully recorded) by the final plat recording date, the application will be canceled: a request to create this subdivision must be resubmitted.

Upon receipt of final plat, the administrator will review the plat to ensure conformance with terms and conditions established by the board of county commissioners.

Subsequent to Commissioners determination, specify any Terms and Conditions.

This time line establishes the default date for recording the Final Plat (11.7.12.1.)

Verify completion prior to the final recording date

sign the plat to affirm compliance and then schedule time on the next available agenda of the board of county commissioners for final plat signature.

In the event the final plat cannot be recorded within two (2) years from issuance of this permit, a one (1) year extension may be requested by the developer no more than ninety (90) days prior to the established default date for recording the final plat. This extension, if granted, extends the original recording date by one full year.

Place this date in the Terms and Conditions portion of the permit. If an extension is granted within the last 90 days of the first final recording date, extend this final recording date one (1) full year from the original date and update the permit to reflect this granted extension.

If the likelihood of completing development on schedule is in doubt the administrator may require a completion bond (5.2.). The guarantee will establish a new Final Plat date (5.3.), as agreed to by the County Commissioners (5.4.). Further extensions may be granted by the County Commissioners if necessary (5.6.).

If the Final Plat is not completed (not fully recorded) by the final plat recording date (see 11.6.1.6.1.1.2.1.), the application will be canceled: a request to create this subdivision must be resubmitted.