Buhl City Zoning Code
CHAPTER 24
SUBDIVISIONS
9-24-1: GENERAL PROVISIONS:
The following general provisions are applicable in connection with this chapter:
A. Title: This chapter shall be known as the SUBDIVISION ORDINANCE OF BUHL, IDAHO.
B. Authority: These regulations are authorized by Idaho Code title 50, chapter 13; title 67, chapter 65; and the Idaho constitution article 12, section 2, as amended or subsequently codified.
C. Jurisdiction: The subdivision regulations as contained in this chapter shall apply to the subdividing of land within the corporate limits of city, the city's legal jurisdiction outside of the city limits and within the "area of impact" as established pursuant to state law and agreement with the county of Twin Falls and the city.
D. Minimum Requirements: The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety and general public welfare.
E. Relationship With Other Laws: Where the conditions imposed by any provisions herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
F. Intent; Purpose: The purpose of these regulations is to promote the public health, safety and general welfare, and to provide for:
1. The harmonious development of the area;
2. The coordination of streets and roads within the subdivision with other existing or planned streets and roads;
3. Adequate open space for travel, light, air and recreation;
4. Adequate transportation, water drainage and sanitary facilities;
5. The avoidance of scattered subdivision of land that would result in either of the following:
a. The lack of water supply, sewer service, drainage, transportation or other public services; and
b. The unnecessary imposition of an excessive expenditure of public funds for the supply of such services.
6. The requirements as to the extent and the manner in which:
a. Roads shall be created and improved; and
b. Water and sewer and other utility mains, piping connections or other facilities shall be installed;
7. The manner and form of making and filing of any plat; and
8. The administration of these regulations by defining the powers and duties of approval authorities. (1974 Code § 4-2801)
9-24-2: RULES; DEFINITIONS:
9-24-3: APPLICATION FOR SUBDIVISION APPROVAL GENERALLY:
Any person desiring to create a "subdivision" as herein defined shall submit all necessary applications to the planning and zoning clerk. (1974 Code § 4-2803)
9-24-4: PREAPPLICATION PROCEDURE:
A. Submission Of Preapplication: The subdivider may submit a preapplication to enable the planning and zoning clerk to review and comment on the proposed subdivision.
B. Sketch Plan: The preapplication shall include at least one copy of a sketch plan. The sketch plan shall include the entire developmental scheme of the proposed subdivision, in schematic form, and include the following:
1. The general layout and approximate dimension of streets, blocks and lots in sketch form;
2. The existing condition and characteristics of the land on and adjacent to the proposed subdivision site; and
3. The areas set aside for schools, parks and other public facilities.
C. Action By Planning And Zoning Clerk: The planning and zoning clerk shall notify the subdivider within fifteen (15) days from the date of receipt of an acceptable preapplication as to the general conformance or nonconformance of the proposal with this chapter, shall provide the necessary forms and checklists and shall comment on the following:
1. Compliance of the proposed development with existing local or state governmental goals and objectives of the comprehensive plan;
2. Determination if additional conditional use permits or ordinance conflicts, such as rezone, special development permit or variance, are needed and the manner of coordinating such permits;
3. Consideration of any unique environmental features or hazardous concerns that may be directly or indirectly associated with the subject property such as areas that have been designated by the state of Idaho as areas of critical environmental concern, unique plant or animal life, floodplain, airport flight pattern and the like; and
4. Consideration of other local and state governmental agencies that the subdivider should contact before preparing a preliminary plat. (1974 Code § 4-2804)
9-24-5: FEES:
At the time of submission of an application for a preliminary plat and final plat application(s), the fee, as established in the official fee schedule of the city, shall be paid. There shall be no additional fee for a pre-application.
(1974 Code § 4-2807; amd. Ord. 2025-11, 9-8-2025)
9-24-6: RECORD OF LOT, PLAT APPROVAL:
No final plat shall be filed with the county recorder or improvements made on the property until the plat has been acted upon by the commission and approved by the governing board. (Ord. 929, 5-14-2007)
9-24-7: SALE OF LOT, PLAT TO BE RECORDED:
No lots shall be sold until the plat has been recorded in the office of the county recorder. (1974 Code § 4-2809)
9-24-8: AMENDMENT PROCEDURES:
The council may, from time to time, amend, supplement or repeal the regulations and provisions of this chapter upon recommendation from the commission or upon its own motion in the following manner:
A. Commission Action:
1. Hearing; Notice: The commission, prior to recommending an amendment, supplement or repeal of the provision, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the amendment, supplement or repeal to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction.
2. Material Change: Following the commission hearing, if the commission makes a material change in this chapter other than that published for the present hearing, further notice and hearing shall be provided before the commission forwards its recommendation to the council.
3. Record: A record of the hearings, findings made and actions taken shall be maintained.
B. Council Action:
1. Hearing; Notice: The council, prior to adopting an amendment, supplement or repeal of this chapter, shall conduct at least one public hearing using the same notice and hearing procedures as the commission. The council shall not hold a public hearing, give notice of a proposed hearing, or take action until recommendations have been received from the commission.
2. Material Change Not Included In Notice: Following hearing of the council, if the council makes a material change in this title other than that published for the present hearing, further notice and hearing shall be provided before the council adopts the amendment, supplement or repeal. (1974 Code § 4-2810)
9-24-9: VARIANCES:
See chapter 19 of this title. (1974 Code § 4-2816)
9-24-10: VACATIONS AND DEDICATIONS:
A. Application Procedure:
1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement, or desiring to dedicate a street right of way or easement, shall complete and file an application with the commission. These provisions shall not apply to the widening of any street or the dedication of streets, rights of way, or easements to be shown on a recorded subdivision.
2. Commission Action: Upon receipt of the completed application, the commission or its representative shall affix the date of application acceptance thereon. The commission shall place the application on the agenda for consideration at its next regular meeting. (1974 Code § 4-2817)
B. Action:
1. Commission Recommendation: The commission shall review the request and all agency response and make a recommendation to the governing board for either approval, conditional approval, or denial.
2. Governing Board Action:
a. Vacation: When considering an application for vacation procedures, the governing board shall establish a date for a public hearing and give such public notice as required by law. The governing board may approve, deny, or modify the application. Whenever public rights of way or lands are vacated, the governing board shall provide adjacent property owners with a quitclaim deed for the vacated rights of way in such proportions as are prescribed by law.
b. Dedication: When considering an application for dedication procedures, the governing board may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the governing board a deed describing and conveying such lands to be recorded with the county recorder.
c. Acceptance: The governing board's acceptance of such vacation or dedication shall be in writing. (Ord. 929, 5-14-2007)
9-24-11: EXCEPTIONS MADE TO AVOID HARDSHIPS:
A. Whenever the tract to be subdivided is, in the opinion of the governing board, of such unusual shape or size, or is surrounded by such development or unusual conditions, that the strict application of the requirements contained herein would result in real difficulties and substantial hardships or injustices, the governing board may vary or modify such requirements by an official entry in the minutes of the governing board proceedings so that the subdivider is allowed to develop his property in a reasonable manner, but so that at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this chapter are preserved. (Ord. 929, 5-14-2007)
B. The fact that an owner could realize a greater financial return from his property by subdividing said property contrary to these regulations is not sufficient reason for hardship. Hardship cannot be proved where it can be shown that property was purchased with the knowledge of existing restrictions, nor can hardship be claimed in terms of prospective sales or potential customers. (1974 Code § 4-2818)
9-24-12: DETECTION OF VIOLATION, ENFORCEMENT AND PENALTIES:
A. Enforcement: No subdivision plat required by this chapter or the Idaho Code shall be admitted to the public land records of the county, or recorded by the county recorder, until such subdivision plat has received final approval by the council. No public board, agency, commission, official or other authority shall proceed with the public improvements required by this chapter until the final plat has received the approval of the council. The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to enjoin any violation of this code.
B. Penalties: See section 9-3-4 of this title. (1974 Code § 4-2819)
9-24A-1: FILING APPLICATION AND DATA:
The subdivider shall file with the planning and zoning clerk a complete subdivision application form and preliminary plat data as required in this chapter. (1974 Code § 4-2805)
9-24A-2: COMBINING PRELIMINARY AND FINAL PLAT:
The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exist:
A. The proposed subdivision does not exceed ten (10) lots;
B. No new street dedication or street widening is involved;
C. No major special development considerations are involved such as development in a floodplain, hillside development or the like;
D. All required information for both preliminary and final plat is complete and in an acceptable form; and
E. The proposed subdivision is not in conflict with the comprehensive plan or any provision of this title.
A request to combine both preliminary and final plat into one application shall be acted upon by the commission upon recommendation of the planning and zoning clerk. (1974 Code § 4-2805)
9-24A-3: REQUIRED INFORMATION AND DATA:
A. Form: The contents of the preliminary plat and related information shall be in such a form as stipulated by the city council; however, any additional maps or data deemed necessary by the planning and zoning clerk may also be required.
B. Submitted With Application: The subdivider shall submit to the planning and zoning clerk at least the following:
1. Preliminary Plat: The required number of copies of the preliminary plat as determined by the planning and zoning clerk, with the approval of the city council, drawn in accordance with the requirements hereinafter stated: each copy of the preliminary plat shall be on good quality paper, shall have the dimensions of not less than twenty four inches by thirty six inches (24" x 36"), shall be drawn to a scale of not less than one inch to one hundred feet (1" = 100'), shall show the drafting date, and shall indicate thereon, by arrow, the generally northerly direction;
2. Engineering Plans: The required number of copies of the engineering plans, as determined by the planning and zoning clerk, with the approval of the city council (not meant to be cross sections or detailed designs) for streets, water, sewers, sidewalks and other required public improvements; however, such engineering plans shall contain sufficient information and detail to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards;
3. Written Application: A written application requesting approval of the preliminary plan; and
4. Information Regarding Special Development Area: Appropriate information that sufficiently details the proposed development within any special development area such as hillside, planned unit development, floodplain, cemetery, mobile home park, large scale development, hazardous and unique areas of development.
C. Submitted Separately: The following shall be submitted separately:
1. Name Of Subdivision: The name of the proposed subdivision;
2. Name Of Subdivider And Engineer Or Surveyor: The name, address and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat;
3. Name And Address Of Adjoining Owners Of Property: The name and address of all adjoining owners of property and residents within three hundred feet (300') of the external boundaries of the land being considered, whether or not bisected by a public right of way as shown on record in the county assessor's office;
4. Legal Description: The legal description of the subdivision;
5. Statement Of Intended Use: The statement of the intended use of the proposed subdivision, such as residential single-family, two-family and multiple-family housing, commercial, industrial, recreational or agricultural and a designation of any sites proposed for parks, playgrounds, schools, churches or other public uses;
6. Map Of Entire Area Scheduled For Development: A map of the entire area scheduled for development if the proposed development is a portion of a larger holding intended for subsequent development. A map shall be submitted showing the location of existing buildings, water bodies or courses and the location of currently dedicated streets at the point where they adjoin and/or are immediately adjacent; provided, that actual measured distances shall not be required;
7. Vicinity Map: A vicinity map showing the relationship of the proposed plat to the surrounding area of a one-half (1/2) mile radius to scale;
8. Land Use And Existing Zoning: The land use and existing zoning of the proposed subdivision and the adjacent land;
9. Streets: Streets, street names, rights of way and roadway widths, including adjoining streets or roadways;
10. Lot Lines And Blocks: Location and length of the boundary lines of each lot, parcel, or site, and the proposed lot, parcel, or site, and the proposed lot and block numbers. Approximate acreage enclosed by subdivision.
11. Contour Lines: Contour lines, shown at five foot (5') intervals, where land slope is greater than ten percent (10%) and at two foot (2') intervals where land slope is ten percent (10%) or less, referenced to an established bench mark, including location and elevation;
12. Site Report: A site report as required by the appropriate health district where individual wells or septic tanks are proposed;
13. Proposed Or Existing Utilities: Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants and their respective profiles;
14. Dedications And/Or Easements: Any dedications to the public and/or easements, together with a statement of location, dimensions and purpose of such;
15. Additional Required Information: Any additional required information for specific developments as defined in this chapter;
16. Statement Regarding Variance: A statement as to whether or not a variance, as specified in this chapter, will be requested with respect to any provision of this chapter describing the particular provision, the variance requested and the reasons therefor;
17. Location, right-of-way width, and name of all public or private traffic ways, the location, right-of-way width, and use of any proposed public or private pedestrian ways or special ways, and a statement of intended improvements to be made thereto;
18. A copy of any proposed restrictive covenants and/or deed restrictions;
19. A traffic impact study approved by the City Engineer based on the Institute of Transportation Engineers' "Trip Generation Handbook" (current edition) will be required. A traffic impact study may be waived by the public works department upon receipt of an approved traffic analysis to be included with the application;
A traffic impact study (TIS) shall be performed by a professional engineer licensed in the state of Idaho and employed by the developer when one or more of the following apply:
a. Full TIS: A full TIS shall be required for any development that will generate:
(1) One hundred (100) or more added (new) peak direction trips to or from the site during the adjacent roadway's peak hours or the development's peak hours;
(2) One thousand (1,000) or more added (new) vehicle trips per day;
(3) The proposed development will add fifteen thousand (15,000) square feet or more of retail space;
(4) The proposed development will add thirty thousand (30,000) square feet or more of office space;
(5) The proposed development will add fifty thousand (50,000) square feet or more industrial space;
(6) The proposed development will have a significant impact on the roadway, as determined by the city transportation engineer.
A full TIS shall be completed in accordance with the city's "Traffic Impact Study Requirements" for any development meeting these thresholds.
b. Modified TIS: A modified TIS shall be required for any development that will generate:
(1) Fifty (50) to ninety-nine (99) added (new) peak direction trips to or from the site during the adjacent roadway's peak hours or the development's peak hours;
(2) Five hundred (500) to nine hundred ninety-nine (999) added (new) vehicle trips per day.
The developer shall meet with the city engineer prior to completing the TIS. The purpose of this meeting will be to identify the requirements for TIS. If the Area of Impact affects adjacent state and local roadway jurisdictions, they may participate in the review and acceptance of the TIS.
c. City Authority To Require: The city reserves the right to require a TIS for any and all new development or redevelopment, regardless of the thresholds previously listed.
(1974 Code § 4-2805; amd. Ord. 2025-11, 9-8-2025)
9-24A-4: PROCEDURE FOR APPROVAL OF PRELIMINARY PLAT:
A. Administrative Review:
1. Certification By Planning And Zoning Clerk, Public Hearing: Upon receipt of the preliminary plat and all other required data as provided for herein, the planning and zoning clerk shall certify the application is complete and shall affix the date of application acceptance thereon. The planning and zoning clerk shall schedule a public hearing before the planning and zoning commission, which hearing shall be held within forty five (45) days of the date of certification of a complete application.
2. Review By Other Agencies: The planning and zoning clerk shall refer the preliminary plat and application to as many governmental agencies as deemed necessary. Such agencies may include the following:
a. Other governing bodies having joint jurisdiction;
b. The appropriate utility companies, irrigation companies or districts and drainage districts;
c. The superintendent of the school district; and
d. Other agencies having an interest in the proposed subdivision.
3. Recommendation By Planning And Zoning Clerk: The planning and zoning clerk shall provide that any transmittal as provided in subsection A2 of this section will be returned within fifteen (15) days. At the end of the fifteen (15) day period, the planning and zoning clerk shall prepare a recommendation to the commission. All agency responses shall be supplied by the planning and zoning clerk to the planning and zoning commission.
B. Public Notice: The planning and zoning clerk shall notify all adjoining property owners whose names and addresses have been provided by the subdivider. Such written notice shall be mailed by first class mail at least fifteen (15) days prior to the commission meeting. The planning and zoning clerk's failure to comply with the notice provision shall not invalidate the commission's action, provided the spirit of the procedure is observed.
C. Action By Commission:
1. Hearing By Commission: The commission shall review the preliminary plat, comments from the concerned persons and agencies and the report from the planning and zoning clerk to arrive at a decision on the preliminary plat.
2. Commission Findings: In determining the acceptance of a proposed subdivision, the commission shall consider the objectives of this article and at least the following:
a. The conformance of the subdivision with the comprehensive plan;
b. The availability of public services to accommodate the proposed subdivision;
c. The continuity of the proposed development with the capital improvement program;
d. The public financial capability of supporting services for the proposed development; and
e. The other health, safety and environmental problems that may be brought to the commission's attention.
3. Action On Preliminary Plat: The commission may recommend approval, conditional approval, disapproval or tabling for a period not to exceed forty five (45) days. Such action shall occur within forty five (45) days of the date of the regular meeting at which the plat is first considered by the commission. The action and the reasons for such action shall be stated in writing by the planning and zoning clerk and forwarded to the applicant. The planning and zoning clerk shall also forward a statement of the action taken and the reasons for such action together with a copy of the preliminary plat to the commission for its action. Upon granting or denying a preliminary plat, the commission shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reason for recommending approval or denial; and
c. The actions if any, that the applicant could take to obtain approval of the preliminary plat. (1974 Code § 4-2805)
4. Action On Combined Preliminary And Final Plat: If the commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final plat, then a recommendation shall be forwarded to the governing board in the same manner as herein specified for a final plat. The commission may recommend that the combined application be approved, approved conditionally or disapproved.
D. Action By Governing Board: Within thirty (30) days after receipt of the commission's recommendation and following the notice and hearing requirements as set forth in this chapter, the governing board shall make findings as required in this chapter. The governing board shall approve, approve conditionally or disapprove the preliminary plat within thirty (30) days of the hearing conducted to consider the commission's recommendation. (Ord. 929, 5-14-2007)
E. Appeals: See chapter 3, article D of this title for appeals procedure. (1974 Code § 4-2805)
9-24A-5: APPROVAL PERIOD:
A. Failure To File And Obtain Certification: Failure to file with and obtain the certification of the acceptance of the final plat application by the planning and zoning clerk within one year after action by the governing board shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for by the subdivider and granted by the governing board. (Ord. 929, 5-14-2007)
B. Development In Segments: In the event that the development of the preliminary plat is made in successive, contiguous segments in an orderly and reasonable manner, and conforms such segments, if submitted within successive intervals of one year, it may be considered for final approval without resubmission for preliminary plat approval. (1974 Code § 4-2805)
9-24B-1: FILING OF FINAL PLAT:
After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel or any part thereof to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the planning and zoning clerk the following:
A. Three (3) copies of the final plat; and
B. Three (3) copies of the final engineering construction drawings for streets, water lines, sewers, sidewalks and other public improvements. (1974 Code § 4-2806)
9-24B-2: CONTENTS:
The final plat shall include and be in compliance with all items required under Idaho Code title 50, chapter 13, and shall be prepared in accordance with the specifications set forth in Idaho Code section 50-1304. The final plat shall include at least the following: (1974 Code § 4-2806)
A. Written Application: A written application for approval of such final plat as stipulated by the governing board; (Ord. 929, 5-14-2007)
B. Proof Of Current Ownership: Proof of current ownership of the real property included in the proposed final plat; (1974 Code § 4-2806)
C. Other Information: Such other information as the planning and zoning clerk or governing board may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; (Ord. 929, 5-14-2007)
D. Conformance With Preliminary Plat: Conformance with the approved preliminary plat and meeting all requirements of conditions thereof;
E. Conformance With Chapter: Conformance with all requirements and provisions of this chapter;
F. Engineering Practices And Standards: Acceptable engineering practices and standards; and
G. Building Sites: The plat shall show building sites on each lot adjusted to setback requirements. (1974 Code § 4-2806)
9-24B-3: PROCEDURE FOR APPROVAL:
A. Review By Planning And Zoning Clerk:
1. Acceptance: Upon receipt of the final plat, and compliance with all other requirements provided for herein, the planning and zoning clerk shall certify the application as complete and shall affix the date of acceptance thereon. (1974 Code § 4-2806)
2. Resubmission Of Final Plat: The planning and zoning clerk shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the planning and zoning clerk determines that there is substantial difference in the final plat from that which was approved as a preliminary plat or conditions which have not been met, the planning and zoning clerk may require that the final plat be submitted to the commission and the governing board in the same manner as required in the preliminary process.
3. Submission To The Governing Board: Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the planning and zoning clerk shall place the final plat on the governing board agenda within thirty (30) days from the date that an acceptable final plat application was received and acknowledged by the planning and zoning clerk. (Ord. 929, 5-14-2007)
B. Agency Review: The planning and zoning clerk may transmit one copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to ensure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond. (1974 Code § 4-2806)
C. Governing Board Action: The governing board, at its next regular meeting following receipt of the planning and zoning clerk report, shall consider the commission findings and comments from concerned persons and agencies to arrive at a decision on the final plat. The governing board shall approve, approve conditionally, disapprove or table the final plat for additional information within thirty (30) days of the date of the first regular meeting at which the plat is considered. A copy of the approved plat shall be filed with the planning and zoning clerk. Upon granting or denying the final plat, the governing board shall specify: (Ord. 929, 5-14-2007)
1. The ordinance and standards used in evaluating the plat;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval of the final plat. (1974 Code § 4-2806)
9-24B-4: CONDITIONAL APPROVAL:
With respect to financial guarantees, the approval of all final subdivision plats shall be conditioned on the accomplishment of one of the following:
A. Construction Of Improvements Completed: The construction of improvements required by this chapter shall have been completed by the subdivider and approved by the governing board; or
B. Acceptable Surety: Surety acceptable to the governing board shall have been filed in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit or surety bond. (Ord. 929, 5-14-2007)
9-24B-5: APPROVAL PERIOD:
The final plat shall be filed with the county recorder within one year after written approval by the governing board. Otherwise, such approval shall become null and void unless the subdivider, prior to said expiration date, applies for one extension of time and such extension is granted by the governing board.
(Ord. 929, 5-14-2007; amd. Ord. 2025-11, 9-8-2025)
9-24B-6: REQUIRED CERTIFICATES:
The following certifications and signatures shall be included on the final plat prior to recording by the county recorder:
A. Certification And Signature Of Governing Board: Certification and signature of the governing board verifying that the subdivision has been approved;
B. Certification And Signature Of City Clerk-Treasurer And City Engineer: Certification and signature of the city clerk-treasurer and city engineer verifying that the subdivision meets the requirements of the city and has been approved by the governing board; and (Ord. 929, 5-14-2007)
C. Certification Of Sanitation Restriction: Certification of the sanitation restriction on the face of the plat in accordance with the provisions of Idaho Code section 50-1326. (1974 Code § 4-2806)
9-24B-7: RECORD OF FINAL PLAT:
Upon approval of the final plat by the governing board, the subdivider's prepaying of recording fees, posting of surety bond or other acceptable guarantee and the inclusion of those certifications and signatures on the final plat as set forth in section 9-24B-6 of this article, the subdivider shall furnish proof to the planning and zoning clerk that the final plat has been recorded. (Ord. 929, 5-14-2007)
9-24C-1: SUBDIVISION OUTSIDE CITY LIMITS:
The subdivider of lands located outside the corporate limits of the city but within the "area of impact" shall ensure an adequate means of irrigation for all lands within the proposed subdivision. In the absence of alternative means of irrigation the subdivider shall leave as appurtenant to the lands within the proposed subdivision all water rights, including rights represented by shares of stock in the Twin Falls Canal Company. Upon said subdivision being annexed into the city limits, all of said water rights shall be held in the manner provided for in section 9-24C-2 of this article. (Ord. 929, 5-14-2007)
9-24C-2: SUBDIVISIONS INSIDE CITY LIMITS:
Subdivisions within the corporate limits of the city shall be connected to the public water system as hereafter provided. All Twin Falls Canal Company water shares or stock and domestic well permits or licenses shall be transferred to the city and not to the purchaser of any one or more of the lots, tracts or parcels of land included in the subdivision. However, Twin Falls Canal Company irrigation water may be retained by a homeowners'/water users' association that maintains and operates an irrigation system under the provisions of a duly recorded water users' association agreement as approved by the city attorney. (Ord. 929, 5-14-2007)
9-24C-3: TILING OF DITCHES:
A. Tiling Of Irrigation Ditches, Laterals Or Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The city may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation company or district shall have the prior approval of that affected company or district. No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include.
B. Ditch Not Within Jurisdiction: The tiling of any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district or company shall be completed so as not to impede the movement of the amount of water crossing the property in the open ditch prior to development and the tiling of the ditch or canal. The pipeline shall have a sloped bar grated inlet structure made of bars and access/cleanout boxes at a maximum of four hundred feet (400') spacing and at all angle points of the pipeline.
C. Ditch On Boundary Between Land Being Developed And Adjacent Land: Where the ditch under consideration is on the boundary between the land being developed and adjacent land not owned by the developer or the owner of the land being developed, or is in fact the boundary, the ditch shall still be tiled. The developer shall attempt to obtain the permission of the adjacent landowner to tile the ditch and attempt to have the adjacent landowner share in the cost of the tiling. If the adjacent landowner is unwilling to cooperate in sharing the cost of the tiling but willing to allow the use of his land for tiling, the developer shall tile the ditch at his sole cost. If the adjacent landowner is unwilling to allow his land to be used for purposes of tiling the ditch, the developer may request the city to condemn that part of the adjacent land necessary to tile the waterway, but the developer shall be required to pay all of the cost of condemnation and pay all of the costs of obtaining the adjacent land and all of the cost of tiling the ditch, lateral or canal. (1974 Code § 4-2806)
9-24D-1: MINIMUM DESIGN STANDARDS:
A. Minimum Design Standards Required: All plats submitted pursuant to the provisions of this chapter, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions, shall comply with the minimum design standards set forth in this article; provided, however, that any higher standards adopted by the city, any highway district, state highway department, or health agency shall prevail over those set forth herein. (1974 Code § 4-2812)
9-24D-2: DEDICATION:
Within a proposed subdivision, arterial and collector streets shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. (1974 Code § 4-2812)
9-24D-3: LOCATION:
Street and road location shall conform to the following:
A. Street Location And Arrangements: When an official street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans.
B. Minor Streets: Shall be so arranged as to discourage their use by through traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for future extension of said streets into adjacent areas. A reserve strip may be required and held in public ownership. Temporary cul-de-sacs shall be required.
D. Relation To Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and acceptable gradients.
E. Alleys: Alleys shall be provided in multiple-dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end alleys shall be prohibited in all cases.
F. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than six hundred feet (600') in length and shall terminate with an adequate turnaround having a minimum radius of fifty feet (50') for right of way.
G. Driveways: Driveways providing access to no more than two (2) dwelling units, which area is a minimum of twenty feet (20') wide, shall be allowed. Driveways to three (3) or more dwelling units may be allowed, but only if the width and length of the proposed driveway is approved before construction by the city engineer after conferring with the city public works superintendent, fire and police chiefs, and such other agency as may be affected by such a driveway. A driveway may not be used as a private street.
H. Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this chapter and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract.
I. Loop Streets: The maximum length of a loop street shall be one thousand feet (1,000') and a loop street over this length shall be required to conform to the standards of a minor street in its subdivision type; provided, however, that a loop street of up to one thousand two hundred feet (1,200') in length containing frontage of no more than twenty four (24) building lots may be permitted.
J. Private Streets: Private streets and roads shall be prohibited except within planned unit developments. (1974 Code § 4-2812)
9-24D-4: SPECIFICATIONS:
A. Street Right Of Way Widths: Street and road right of way widths shall conform to the adopted major street plan or comprehensive development plan and the rules of the state department of highways and the highway district or department having jurisdiction; minimum right of way standards are as follows:
Highway And Street Types
| Minimum Widths
|
Alley | 20 feet |
Collector street | 60 feet |
Local street | 50 feet |
Minor arterial street | 70 feet |
Principal arterial street | 80 feet |
Section line roads | 80 feet |
B. Street Grades: Street grades shall not exceed ten percent (10%) on either minor or collector streets, and six percent (6%) for arterial streets.
C. Street Alignment: Street alignment shall be as follows:
1. Horizontal Alignment: When street lines deflect from each other by more than ten degrees (10°) in alignment, the centerline shall be connected by a curve having a minimum radius of five hundred feet (500') for arterial streets, three hundred feet (300') for collector streets, and one hundred fifty feet (150') for residential streets. Between reverse curves on collector and arterial streets, there shall be a minimum tangent distance of two hundred feet (200'); and
2. Vertical Alignment: Minimum stopping sight distances shall be two hundred feet (200') for minor streets and designed in accordance with design speed for collector and arterial streets. (1974 Code § 4-2812)
9-24D-5: STREET NAMES:
Street names shall not duplicate any existing street name within the city or area of impact except where a new street is a continuation of an existing street; street names that may be spelled differently but sound the same as existing streets shall not be used. Street names shall be subject to the approval of the council and shall conform to the street names and patterns established by the city. (1974 Code § 4-2812)
9-24D-6: INTERSECTIONS:
Intersections shall conform to the following:
A. Angle Of Intersection: Streets shall intersect at ninety degrees (90°) or as closely thereto as possible, and in no case shall streets intersect at less than seventy degrees (70°).
B. Sight Triangles: Minimum clear sight distance at all minor street intersections shall permit vehicles to be visible to the driver of another vehicle when each is one hundred feet (100') from the center of the intersection.
C. Number Of Streets: No more than two (2) streets shall cross at any one intersection.
D. "T" Intersections: "T" intersections may be used wherever such design will not restrict the free movement of traffic.
E. Vertical Alignment Of Intersection: A nearly flat grade with appropriate drainage slopes is desirable within intersections. This flat section shall be extended a minimum of one hundred feet (100') each way from the intersection. An allowance of two percent (2%) maximum intersection grade in rolling terrain, and four percent (4%) in hilly terrain, will be permitted. (1974 Code § 4-2812)
F. Centerline Offsets: Street centerlines shall be off-set by a distance of at least one hundred twenty-five feet (125').
G. Number Of Intersections: The number of intersections per linear section of principal and minor arterial streets shall be limited by standards as adopted by the city. The standards shall address the safety of the public as regards interactions of traffic at street, alley and driveway intersections.
(Ord. 929, 5-14-2007; amd. Ord. 2025-11, 9-8-2025)
9-24D-7: PEDESTRIAN WALKWAYS:
Right of way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide. (1974 Code § 4-2812)
9-24D-8: EASEMENTS:
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary; total easement width shall not be less than fifteen feet (15'). Unobstructed drainageway easements shall be provided as required by the council. (1974 Code § 4-2812)
9-24D-9: LINEAR OPEN SPACE CORRIDORS:
The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by manmade features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or linear open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve:
A. To preserve openness;
B. To interconnect park and open space systems within rights of way of trails, walkways, bicycleways;
C. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat;
D. To buffer more intensive adjacent urban land uses;
E. To enhance local identification within the area due to the internal linkages; and
F. To link residential neighborhoods, park areas and recreation facilities.
Subdivision plats or development plans shall show the location of any linear open space corridors. (1974 Code § 4-2812)
9-24D-10: BLOCKS:
Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary; blocks shall not be longer than one thousand feet (1,000'), nor less than five hundred feet (500') long in all cases. (1974 Code § 4-2812)
9-24D-11: LOTS:
Lots shall conform to the following:
A. Zoning: The lot width, depth and total area shall not be less than the requirements of any applicable zoning provision;
B. Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the commission prior to the taking of such action; and
C. Sufficient Area For Septic Tank: Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system.
D. Zero Lot Line Building Lots:
1. Yard Setbacks: In no case shall a zero lot line be allowed adjacent to a property line which is not part of the development application. Only one zero lot line interior side yard per lot may be permitted in the R-6 zone. A minimum distance of ten feet (10') shall be maintained between buildings or potential buildings on separate lots.
2. Easements: A perpetual six foot (6') wide maintenance/drainage easement shall be provided on the lot adjacent to the zero lot line property line which shall be kept clear of structures with the exception of fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve inches (12"), but shall be so designed that runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be shown on the development plan/plat and incorporated into each deed transferring the title to the property. (1974 Code § 4-2812)
9-24D-12: PLANTING STRIPS AND RESERVE STRIPS:
Planting strips and reserve strips shall conform to the following:
A. Planting Strips: Planting strips shall be required to be placed next to incompatible features such as highways, principal and minor arterial streets, railroads, commercial or industrial uses, to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; and shall include a landscaped six foot (6') berm topped with a six foot (6') solid screen, or combination of structural elements, approved by the city. Said structure may include public fixtures such as bike and/or pedestrian paths. The landscaping shall be maintained by the developer until accepted by the city. (Ord. 929, 5-14-2007)
B. Reserve Strips:
1. Reserve Strips, Private: Privately held reserve strips controlling access to streets shall be prohibited; and
2. Reserve Strips, Public: A one foot (1') reserve strip may be required to be placed along half streets which are within the subdivision boundaries and shall be deeded in fee simple to the county/city for future street widening. (1974 Code § 4-2812)
9-24D-13: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following:
A. Public Uses: Where it is determined that a proposed park, playground, school or other public use is located, in whole or in part, within a proposed subdivision, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the subdivision for sixty (60) days. If an agreement is not reached within sixty (60) days, the commission shall resume consideration of the subdivision;
B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision;
C. Special Developments: In the case of planned unit developments and large scale developments, the commission may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development; and
D. Solar Easements: Solar easements are strongly encouraged between adjoining property owners. (1974 Code § 4-2812)
9-24D-14: PROTECTIVE COVENANTS:
A. Protective covenants, also known as restrictive covenants, shall be adopted by the developer and/or lot owners. Such covenants and all amendments or changes thereto shall be recorded with the Twin Falls County recorder and a copy thereof, with recording data set forth thereon, shall be filed with the planning and zoning clerk.
B. Homeowners' Association: The homeowners' association bylaws and other similar protective covenants or deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space shall be established for the purpose of protecting the best interests of the owners involved and of the general public.
C. Enforcement Of Protective Covenants: In cases of conflict between the requirements of this code and the covenants, the most restrictive requirements shall prevail. Covenants shall be enforced by private civil suits between property owners, unless the governing board, in its sole discretion, deems that enforcement of a covenant to be in the governing board's best interest.
(1974 Code § 4-2812; amd. 2010 Code; Ord. 2025-11, 9-8-2025)
9-24E-1: RESPONSIBILITY FOR PLANS:
It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross sections, specifications and other supporting data, for all required streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies. All construction plans shall be prepared in accordance with the public agencies' standards or specifications. (1974 Code § 4-2813)
9-24E-2: REQUIRED PUBLIC IMPROVEMENTS:
Every subdivider shall be required, at the subdivider's expense, to install the following public and other improvements in accordance with city conditions, standards and construction specifications as follows:
A. Monuments: Monuments shall be set in accordance with Idaho Code section 50-1303.
B. Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the city.
C. Curbs And Gutters: Vertical or rolled curbs and gutters shall be constructed on all streets and service roads.
D. Bicycle Pathways: A bicycle pathway may be required within a subdivision as part of the public right of way or separate easement.
E. Installation Of Public Utilities: Underground utilities shall be required in all new subdivisions.
F. Driveways: All driveway openings, approaches and curb cuts shall be as specified by city construction standards and specifications of the city, the highway district, or state highway department.
G. Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the council. (1974 Code § 4-2813)
H. Public Water Supply And Sewer Systems: All public water supply or sewer systems shall be constructed in accordance with any adopted local plans and specifications. All new public water supply or sewer systems shall be an extension of an existing public system whenever possible. In the event that the proposed public water supply or sewer system is not an extension of an existing public system, the water and sewer systems shall be installed dry, if the city superintendent determines connection to the municipal system shall be available within five (5) years. All water and sewer plans shall be submitted to the proper city, state and federal agencies for approval.
I. Fire Hydrants And Water Mains:
1. Fire Protection: Adequate fire protection shall be required in accordance with standards established by the city fire officials.
2. Minimum Standards: The minimum standard shall be that the hydrant pumper nozzle shall be of one piece design, compatible with five inch (5") Storz hose couplings. The nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. Hydrants shall be Waterous Paccer Model WB67-250. (Ord. 929, 5-14-2007)
J. Street Name Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards established by the city. (1974 Code § 4-2813)
K. Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street in zones exceeding a residential density of dwellings per acre. Pedestrian walkways, when required, shall have easements at least ten feet (10') in width and include a paved walk at least five feet (5') in width. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the city. (Ord. 929, 5-14-2007)
L. Greenbelt: Greenbelts or landscaping screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, walkways, railroad rights of way or other features. Subdivision plats shall show the location of any greenbelt areas.
M. Street Lighting: Streetlights shall be required to be installed at intersections throughout the subdivision. A subdivider shall conform to the requirements of the city and the public utility providing such lighting. (1974 Code § 4-2813)
N. Information Technology: Two (2) conduits and junction boxes at each lot shall be provided for information technology connections including, but not limited to, fiber optic and coaxial cable. The conduit and junction boxes shall be as specified by the city engineer. (Ord. 929, 5-14-2007)
9-24E-3: GUARANTEE OF COMPLETION:
A. Financial Guarantee Arrangements: In lieu of the actual installation of required public improvements before recording the final plat, the council shall require the subdivider to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement.
B. Surety Bond:
1. Accrual: The bond shall accrue to the city covering construction, operation and maintenance of the specific public improvement;
2. Amount: The bond shall be in an amount equal to one hundred percent (100%) of the total estimated cost for completing construction of the specific public improvement, as estimated by the city engineer and approved by the council;
3. Term Length: The term length in which the bond is in force shall be for a period to be specified by the council for the specific public improvement; and
4. Bonding For Surety Company: The bond shall be with a surety company authorized to do business in the state of Idaho, acceptable to the council.
C. Cash Deposit, Certified Check, Negotiable Bond, Or Irrevocable Bank Letter Of Credit:
1. Escrow Agent Or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit acceptable by the council shall be deposited with an escrow agent or trust company;
2. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred percent (100%) of the estimated cost of construction for the specific public improvement, as estimated by the city engineer and approved by the council;
3. Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be for a period to be specified by the council; and
4. Progressive Payment: In the case of cash deposits or certified checks, an agreement between the council and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.
D. Subdivision Improvement Agreement: The developer shall enter into a subdivision improvement agreement with the city prior to commencing development of the subdivision.
E. Bonding And One Year Guarantee: The owner and/or subdivider shall guarantee all improvements within the public right of way for a one year period following the date of final inspection and acceptance by the city. Any defects, repairs or maintenance during the one year guarantee period due to faulty workmanship or materials shall be corrected at the expense of the owner and/or subdivider. In order to secure the guarantee, a bond shall be provided to the city for said one year period. (1974 Code § 4-2813)
9-24F-1: PURPOSE:
The city policy is to encourage developers of land development and construction projects to utilize the provisions of this article to achieve the following:
A. A development pattern in accord with the goals, objectives and policies of the comprehensive plan;
B. A development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, trees and other vegetation and which maintains natural drainage patterns;
C. A maximum choice of living environments which allows a variety of housing and building types, which permits an increased density per acre, and which allows a reduction in lot dimensions, yards, building setbacks and area requirements;
D. A more useful pattern of open space, parks and recreation areas;
E. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses;
F. A more efficient use of land and reduced costs of streets and utilities than is generally achieved through conventional subdivisions;
G. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment; and
H. A development that encompasses maximum site design flexibility. (1974 Code § 4-2814)
9-24F-2: APPLICABILITY:
Whenever there is a conflict or difference between the provisions of this article and other sections of this title, the provisions of this article shall prevail. Subjects not covered by this article shall be governed by the respective provisions found elsewhere in this title. (1974 Code § 4-2814)
9-24F-3: CATEGORIES:
The city shall provide for four (4) PUD categories:
PUD-R | Planned unit development residential |
PUD-C | Planned unit development commercial |
PUD-G | Planned unit development general |
PUD-I | Planned unit development industrial |
(1974 Code § 4-2814)
9-24F-4: PROCEDURES:
Any person as the agent, or agent for the owner of any property within the jurisdiction of the city, may apply for planned unit development approval. All applicants shall follow the procedures as provided in section 9-24-4 and articles A and B of this chapter. In addition, the developer shall provide the governing body with a colored rendering of adequate scale to show the completed development that will include at least the following: (1974 Code § 4-2814; amd. 2010 Code)
A. Architectural style and building design;
B. Building materials and color;
C. Landscaping;
D. Screening;
E. Garbage areas;
F. Parking; and
G. Open space. (1974 Code § 4-2814)
9-24F-5: MODIFICATION OF DISTRICT REGULATIONS:
A PUD shall be allowed only as a conditional use in each district subject to the standards and procedures set forth in this article. A PUD shall be governed by the regulations of the district or districts in which said PUD is located. The approval of the final development plan for a PUD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs and other regulations as may be desirable to achieve the objectives of the proposed PUD, provided such exceptions are consistent with the standards and criteria contained in this article. (1974 Code § 4-2814)
9-24F-6: GENERAL REGULATIONS:
A. Planned Unit Developments: Planned unit developments shall be subject to the requirements set forth in this title and also subject to all provisions within this chapter.
B. Required Acres In Planned Unit Development: A planned unit development shall not be required to contain a minimum number of acres.
C. Owners' Association: The owners' association bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space, shall meet with the approval of the council.
D. Certification Of Zoning Compliance And Building Permits: Issuance of certification of zoning and building permits shall be granted only after development plan and covenants have been approved by the council.
E. Conditions Run With Land: Any conditions attached to a final development plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all of said lands. Such conditions shall be deemed as requirements for the issuance of the certificate of occupancy for any use or structure.
F. Change Of PUD: No change in the approved final development plan shall be permitted without prior approval of the council except that minor changes in the location, siting and height of buildings and structures may be authorized by the building inspector as required by engineering or other circumstances not foreseen at the time of plan approval. However, no such "minor changes" may increase the volume of any building or structure by more than ten percent (10%) or increase the gross density of the PUD.
G. Bonus Density: Developer is responsible for documentation of change. The following bonus densities may be granted within a planned unit development, but shall not be treated as cumulative:
1. Provision for private, common open space in a PUD shall be considered cause for density increases not to exceed twenty five percent (25%);
2. Character, identity, and siting variation incorporated in a PUD shall be considered cause for density increases not to exceed twenty five percent (25%). Factors which are deemed to make a substantial contribution to such character, identity and siting variation include, but are not limited to, the following:
a. Landscaping: Streetscape, open space and plaza use of existing landscape; pedestrianways and bicycleways and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography, creeks, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks, building groups such as clustering; and
c. Design Feature: Street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features and varied use of dwelling types and heights;
3. Publicly dedicated land in a PUD shall be considered cause for density increases not to exceed twenty five percent (25%) for facilities such as school, library, fire station, park, recreational facility; and
4. Density increases, not to exceed twenty five percent (25%), shall be considered when environmentally sensitive areas (creeks, wetlands, wooded areas) have been preserved in their natural state.
H. Financial Guarantees: The developer shall post financial guarantees for all approved on site improvements, if required pursuant to section 9-24E-3 of this chapter. (1974 Code § 4-2814)
9-24F-7: GENERAL STANDARDS:
A. Accessibility Of Site: All proposed streets, alleys, and driveways shall be adequate to serve the residents, occupants, visitors or other anticipated traffic of the PUD. Design elements shall be incorporated to discourage public through traffic. Entrance points of streets, alleys and driveways on previously existing roadways shall be subject to the approval of the city. On site vehicular circulation and parking shall be designed for adequate fire and police protection and shall be adequate to serve the uses located in the proposed development. If it is determined that additional traffic control devices or other traffic regulating improvements are required, the developer shall be responsible for the cost of such improvements.
B. Roadways: Design and dimensional standards for roadways shall be subject to specifications and standards set by the city council.
C. Off Street Parking: Off street parking shall be conveniently accessible to all dwelling units and/or other uses. Where appropriate, common driveways, parking areas, walks, and steps may be provided, maintained, and lighted for night use. Design and dimensional standards for off street parking shall be subject to provisions set forth in chapter 13 of this title.
D. Utilities: All PUDs shall provide underground installation of utilities (including streetlights, water, sanitary sewer, storm sewers, electricity, gas and telephone) in either the public right of way or utility easements. Provisions shall also be made for design and construction of adequate storm sewer facilities pursuant to review by the city engineer and other applicable agencies.
E. Open Space: All open space delineated or approved as common open space shall meet the following applicable standards:
1. The location, size and shape of the common open spaces shall be suitable for the use proposed and shall enhance the common enjoyment of recreational pursuits, or provide visual, aesthetic or environmental amenities;
2. Common open space shall be suitably improved for its intended use, except that common space containing natural features worthy of preservation may be left unimproved. Structures and improvements to be located in or adjacent to the common open space shall serve to enhance the amenities of the common space and have regard for the topography and natural features of the common open space;
3. The development schedule shall coordinate the improvements of the common open space with the construction of the buildings, structures and other improvements in the PUD. At the discretion of the council, a dedicated fund shall be established by the developer and contributed to at the time of unit sales to ensure the future improvement of the open space;
4. Land shown on the final development plan as common open space may be conveyed to a public body (if said public body agrees to accept conveyance) to maintain the common open space and improvements placed thereon. In lieu of public dedication, it shall be conveyed to an owners' association or similar organization for the purpose of owning and maintaining said common area and improvements thereon;
5. The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PUD; and
6. "Common open space" shall mean land area exclusive of street rights of way, buildings, parking areas, structures and appurtenances except those improvements which are accessible and available to all occupants of the private units within the PUD.
F. Landscaping:
1. Screening of off street parking, loading and waste storage areas shall be required.
2. Screening shall be required as a buffer between residential and nonresidential uses or structures in a PUD.
3. All ground surfaces in a PUD shall be covered with a vegetative cover growth or other ground treatment capable of preventing soil erosion under normal surface runoff conditions.
G. Irrigation Facilities And Drainage Systems, Natural Streams And Drainageways: Modification of existing irrigation and drainage systems, as well as natural streams and drainageways, shall be minimized and shall not materially alter the natural or existing configuration or impair the normal operation thereof.
H. Design Review: All PUDs shall be subject to design review by the city staff and council. (1974 Code § 4-2814)
9-24F-8: DESIGN STANDARDS:
A. PUD-R Planned Unit Development, Residential:
1. Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided every two (2) living units. This may be reduced by city action if there is a showing that the needs of a particular development are less.
2. Parking Space: One additional parking space beyond that which is required by this title may be required for every three (3) dwelling units to accommodate visitor parking.
3. Maintenance Building Or Approved Area: A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas.
B. PUD-C Planned Unit Developments, Commercial:
1. Buffering And Screening: When commercial structures or uses in a PUD-C abut a residential use, sight restricting screening or buffering shall be provided. In no event shall any structure in a PUD-C be located nearer than twenty feet (20') to a residential use. Off street loading and waste storage areas shall be visually screened on all sides.
2. Lighting: Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas.
3. Design Of Site: A PUD-C shall be designed to harmonize with adjacent uses as to height, bulk, location and use of exterior materials. Sides and rears of all buildings shall be given treatment comparable in attractiveness to their principal frontage. Pedestrian walks, plazas and open spaces shall be located to provide maximum accessibility among the various buildings of the PUD-C. Open spaces shall be so located as to provide for maximum visibility by customers and to create a harmonious relationship between buildings and exterior spaces throughout the project. (1974 Code § 4-2814)
C. PUD-G Planned Unit Developments, General:
1. PUD-G shall be subject to all applicable standards as set forth in this article, with each land use conforming to the PUD criteria for said land use. (1974 Code § 4-2814; amd. 2010 Code)
2. All developments within mixed use review areas shall be developed as a PUD-G. (1974 Code § 4-2814)
D. PUD-I Planned Unit Developments, Industrial:
1. Standards: PUD-I shall be subject to all applicable standards of this code including, but not limited to, section 9-12-4 of this title and all general requirements of this article.
2. Design Of Site: A PUD-I shall be configured to move heavy transportation and industrial traffic flow safely and rapidly away from surrounding vehicular arterials and roadways and concentrate same on site.
3. Lighting: Outside lighting shall be designed and located in such a manner as to not direct illumination on any adjacent property or right of way.
4. Buffering And Screening: Buffering and screening shall be required as indicated at design review and be not less than standards set herein. (2010 Code)
9-24G-1: CEMETERY SUBDIVISION:
A. Function: The developer shall provide the commission with written documentation that will sufficiently explain the functions of the proposed cemetery for either human or animal remains.
B. Compliance With Idaho Code: The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural management requirements that are outlined in Idaho Code title 27. (1974 Code § 4-2815)
9-24G-2: FLOODPLAIN SUBDIVISION1:
A. Flood Areas: For any proposed subdivision that is located within a floodplain, the developer shall provide the planning and zoning clerk with a development plan of adequate scale and supporting documentation that will show and explain at least the following:
1. Location of all planned improvements;
2. The location of the floodway and floodway fringe per engineering practices as specified by the army corps of engineers;
3. The location of the present water channel;
4. Any planned rerouting of waterways;
5. All major drainageways;
6. Areas of frequent flooding;
7. Means of floodproofing buildings; and
8. Means of insuring loans for improvements within the floodplain.
B. New Construction And Substantial Improvements:
1. Residential: New construction and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated above the level of the 100-year flood; and
2. Nonresidential: For new construction or substantial improvements of nonresidential structures, the lowest floor (including basement) shall be elevated one foot (1') or more above the level of the 100-year flood.
3. Utility And Sanitary Facilities: Attendant utility and sanitary facilities shall be floodproofed up to the level of the 100-year flood. (1974 Code § 4-2815)
C. Justification For Development: Upon the determination that buildings are planned within the floodplain or that alternatives of any kind are anticipated within the floodplain area that will alter the flow of water, the developer shall demonstrate conclusively to the governing board that such development: 1) will not present a hazard to life, limb, or property; 2) will not have adverse effects on the safety, use or stability of a public way or drainage channel or the natural environment; and 3) has been approved by any other property owner affected by such alteration.
D. Increase Flood Flows, Heights Or Drainages: No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or drainages. If only a part of a proposed subdivision can be safely developed, the governing board shall limit the development to that part and shall require that development proceed consistent with that determination. (Ord. 929, 5-14-2007)
E. Review: Subdivisions shall be reviewed to ensure that:
1. All such proposals are consistent with the need to minimize flood damage;
2. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damages; and
3. Adequate drainage is provided so as to reduce exposure to flood hazards. (1974 Code § 4-2815)