Land divisions are only allowed in the Agriculture/Forest Zone. Land divisions are allowed only if the requirements as listed in this article are met. (Ord. 392, 8-16-2021)

   A.   All parcels of land recorded or approved by the Planning Department on or before January 1, 1997, shall be considered existing parcels. "Parcels of land recorded" is defined as a contiguous quantity of land recorded as the property of persons or entities, each of which is named in a single instrument conveying ownership thereof, and which has been separately conveyed from any adjoining quantity of land, whose boundaries are defined in the last recorded instrument of conveyance of such parcel which was recorded prior to January 1, 1997.

   B.   Conveyance of title, or contracts which provide for conveyance of title, to portions of existing parcels which are executed after January 1, 1997, shall be deemed to create new parcels, except when transferred as a boundary line adjustment in accordance with section 9-8D-2 of this title.

   C.   To be eligible for one residential building permit or commercial building permits under sections 9-3A-2, 9-3A-3, and 9-3A-4 of this title, these new parcels shall be created in compliance with the provisions of this title.

   D.   Roads that cross parcels that are listed in the Assessor's database as a category 19 or that are owned or maintained by the North Latah County Highway District or South Latah Highway District do not divide a parcel into separately eligible building sites and are themselves not parcels. Highways and freeways owned by the State of Idaho or the United States that existed prior to January 1, 1997, divide eligible parcels, creating two (2) eligible parcels, if the highway or freeway deeds show a "fee simple" ownership by the State or Federal government or if parcels on either side were transferred prior to January 1, 1997 and defined the property boundary as the highway or freeway. Highways and freeways owned by the State of Idaho or the United States that were developed or rerouted after January 1, 1997 do not divide a parcel and in no case create separately eligible building sites or eligible parcels.

   E.   To be eligible for building permits, existing parcels that are listed as having undivided interest or percentages of interest between parties must be divided in accordance with this article, including by the owners that have interest in the parcel. (Ord. 392, 8-16-2021)

For purposes of this article, "productive soil types" are defined as those mapped soils from the 1981 "Soil Survey of Latah County Area, Idaho", U.S. Department of Agriculture, and any subsequent amendments or updates of this survey as published by the U.S. Department of Agriculture, including soil type numbers 3, 4, 8, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 44, 45, 50, 51, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and soils on all lands not included in that soil survey. All maps are located in the Latah County GIS system. Less productive soil types are defined as all remaining soil types. (Ord. 392, 8-16-2021)

Existing parcels of at least ten (10) acres, regardless of soil type, are eligible for one division. Existing parcels of at least one hundred sixty (160) acres, regardless of soil type, are eligible for one additional land division for each one hundred sixty (160) acre portion of the existing parcel. (Ord. 392, 8-16-2021)

Existing parcels with forty (40) or more acres of less productive soil types are eligible for one additional land division. (Ord. 392, 8-16-2021)

For a land division to be approved by the Planning Department and for any parcel that is a product of a land division to be eligible for one residential building permit or commercial building permits under section 9-3A-2, 9-3A-3, or 9-3A-4 of this title, the following requirements must be met:

   A.   Submittal of a completed application form and fee shall be made by the owner of the affected property to the Planning Department;

   B.   The number of proposed new parcels cannot exceed the number allowed by sections 9-8A-4 and 9-8A-5 of this article;

   C.   The proposed new parcel(s) and the remnant parcel must be at least one acre in size;

   D.   Each proposed new parcel and the remnant parcel shall have a building site outside of a designated special flood hazard area that will accommodate the placement of a residence, any accessory buildings, a well, and a sewage disposal system;

   E.   The applicant must show that adequate sewage disposal facilities can be located on each new parcel and the remnant parcel by submitting to the Planning Department written approval from the North Central District Health Department;

   F.   Each new parcel and remnant parcel shall have a designated building site that is no larger than two (2) acres where all residential structures shall be placed. The building site and all structures shall be placed in a manner to preserve productive farm land, commercial timber stands, streams, riparian areas, and other unique natural features to ensure the rural nature of Latah County is preserved, that agriculture and forest industries are protected from residential growth, and to ensure that natural resources are protected as set forth as goals and policies in the comprehensive plan. When it is unfeasible to create a parcel that will preserve such features, the applicant shall work with the Planning Department to create a building site that will be the most consistent with the goals and policies set forth in the Latah County Comprehensive Plan;

   G.   The applicant must show that adequate access is provided to each new parcel and the remnant parcel by having frontage to a public road, or by an easement, at least twenty-five feet (25') in width, approved by the Latah County Surveyor, which connects to a public road. Any easement used to meet this requirement shall be located such that it will allow conformance with sections 9-9-1 and 9-9-2 of this title. Any easement used to meet this requirement shall be recorded prior to approval of the land division. To limit access points onto roadways, shared easements (shared driveways) are required when feasible. The applicant shall work with the Planning Department and the appropriate jurisdiction owning or maintaining the public road to determine the location of shared driveways. No division may include driveways entering directly onto State highways maintained by the Idaho Transportation Department unless there is no other option. When there is no other option, the applicant shall use a single access point and obtain multi-use access approval from ITD. If there is no feasible way to use a single access point, the applicant may apply for one or more additional access points onto the State highway, but must first obtain a variance from the Zoning Commission to do so following the procedures set forth in subsections 9-8B-2E1 through 9-8B-2E3 of this chapter. Written approval for each access point, either direct or by easement, from the jurisdiction owning or maintaining the public road is required. In addition to meeting the requirements of subsection 9-9-2D of this title, all shared private driveways shall have a graveled or paved surface of at least twenty feet (20') wide. A driveway map must be submitted to the Planning Department and approved prior to approval of the division;

   H.   The legal description must be approved by the Latah County Surveyor or the Latah County Planning Department on a form provided by the Planning Department and recorded upon the Planning Department's final approval. If any required easement crosses property owned by the same person the easement may be included and recorded on this form. If a parcel is not able to be divided into aliquot parts and described via an aliquot description or a certified legal description from a Surveyor has not been submitted, a legal description shall be created which shall be reviewed and approved by the County Surveyor and a survey may be required at the discretion of the County Surveyor;

   I.   Any approved "new" buildable parcel shall become an "existing parcel" thirty (30) years after it was created;

   J.   The applicant shall provide to the Planning Department a site plan for each parcel drawn to scale. The site plan shall include the size, dimensions, and location of each parcel and building site, the potential or actual location and plans for the wells or water system, septic systems, residences, other structures, easements, driveways and regulatory setbacks. Each two (2) acre building site shall be placed so it will accommodate all regulatory setbacks, the septic system, a residence, any accessory structures related to the residential use, and such that it will be in compliance with subsection D of this section. (Ord. 392, 8-16-2021)

The Planning Department may approve changes to the boundaries of an approved parcel, driveway plan or building site only if the changed parcel, driveway plan, building site, any other parcels that were a result of this land division, and the remnant parcel meet all of the requirements of this article. The applicant must submit new signed agency approval forms from the jurisdiction owning or maintaining the accessed public road for each access point, North Central District Health Department, and Latah County Surveyor for the adjusted parcel to the Planning Department. Road access and septic approvals may be waived by the Planning Department if the site conditions for which the previous approvals were based remain unaffected by the boundary line changes. Latah County Surveyor approval shall not be waived. (Ord. 392, 8-16-2021)

When application for a land division is made for an existing parcel that has one or more existing homes located on it, the existing nonconforming homes must come into conformance with subsection 9-3A-2F of this title, unless prior to the land division the individual receives approval(s) under subsection 9-3A-3A, 9-3A-3B or 9-3A-4A of this title to allow more than one home on one of the new parcels. (Ord. 392, 8-16-2021)

   A.   The parcel(s) created from the division of a new parcel, or the parcel(s) created from the division of an existing parcel not eligible for division under the provisions of section 9-8A-4 or 9-8A-5 of this article, shall not be eligible for residential or commercial building permits unless the owner of the new parcel receives County approval for rezoning and a subdivision plat.

   B.   If an existing eligible parcel that is not eligible for division under the provisions of section 9-8A-4 or 9-8A-5 of this article is divided outside of the provisions of this title, and a residential building permit has not been issued for the existing eligible parcel, the owner of the existing eligible parcel may be eligible for one residential building permit on the portion of the parcel they retain, so long as that portion meets the size and setback requirements, or they may relinquish the one residential building permit eligibility to one of the new parcels, so long as the new parcel meets the size and setback requirements.

   C.   If an existing parcel is divided without making application to the Planning Department and without complying with this title, and that division was completed in such a manner that it could comply with the provisions of this title, and the existing parcel was eligible for a land division under this title at the time the division was completed, a land division application may be made by all current owners of the properties previously involved to retroactively bring this division into compliance with this title. (Ord. 392, 8-16-2021)

The applicant for land division shall have all approvals required by this article returned to the Planning Department within twelve (12) months of tentative approval date. (Ord. 392, 8-16-2021; amd. Ord. 407, 6-24-2025)

All parcels, buildings, improvements, and driveways located in an approved land division shall comply with sections 9-9-1 and 9-9-2 of this title. Failure to comply with these design standards will make the affected parcels ineligible for building permits. (Ord. 392, 8-16-2021)

Noncontiguous parcels in the Agriculture/Forest zoning designation under the same ownership may transfer residential building permits and land divisions subject to the following:

   A.   Any parcel that is located in the Agriculture/Forest zoning designation that is eligible for a land division or a building permit is considered a conveying parcel.

   B.   Any parcel owned by the same person(s) as the conveying parcel in the Agriculture/Forest zoning designation is considered an acquiring parcel.

   C.   Any parcel that is located in the Agriculture/Forest zoning designation that is eligible for a land division (conveying parcel) or a building permit may use that land division or building permit on property owned by the same person(s) (acquiring parcel) in the Agriculture/Forest zoning designation subject to the following conditions:

      1.   Ownership of both the conveying and acquiring parcels must have been established prior to July 20, 2013. For the purposes of this article, same person/ownership means a person having at least five percent (5%) interest in the conveying and the receiving parcels.

      2.   Submittal of a completed application form and fee shall be made by the owner of the affected properties to the Planning Department. Such fee shall be the same as for a land division under this article.

      3.   The conveying and acquiring parcels cannot be in a platted subdivision.

      4.   The conveying parcel must have areas that would enhance or protect the goals of the Comprehensive Plan to preserve the rural character of Latah County, conserve streams, floodplains, wetlands, wooded areas, and other areas of natural significance, open space, protect wildlife habitat, preserve recognized sites and areas with cultural, scenic, or natural significance, to move development away from hazardous areas, enhance contiguity to agricultural lands suitable for long range farming and ranching operations, and/or protect and preserve active farm and forest grounds.

      5.   The area of the acquiring parcel where the building site or division is conveyed shall not consist of active farm, ranch or forest grounds, areas including floodplain, wetlands, and natural hazard areas, shall be in a location that has an established rural fire district or will be provided fire protection by enacting a written agreement with a municipal or established rural fire district, shall be in locations such as to preserve the rural character of Latah County, and shall be placed in a manner to allow contiguity for farming and other land operations.

      6.   No more than one building permit and one division, or two (2) divisions, may be conveyed from any existing parcel or eligible remnant parcel (conveying parcel) to an acquiring parcel. No acquiring parcel can accept more than one building permit and one division, or two (2) divisions.

      7.   For a building permit or land division transfer to be approved by the Planning Department and for any parcel that is a product of a transfer to be eligible for one residential building permit or commercial building permits under section 9-3A-2, 9-3A-3, or 9-3A-4 of this title, the requirements of this section and of section 9-8A-6 of this article must be met.

      8.   Any transfers made under this section shall be required to obtain final approval, contingent on compliance with this section, by the Latah County Planning Department. In order for the acquiring parcel to obtain building permit eligibility, a "record of transfer" shall be recorded with the County Recorder. A form for such shall be provided by the Latah County Planning Department. No "record of transfer" shall be recorded without final approval from the Latah County Planning Department. (Ord. 392, 8-16-2021)

A "short plat" is the division of a parcel of land into four (4) or fewer lots. Division of a parcel previously divided by short plat shall not be permitted if the total number of lots created from the original short plat plus any new short plat exceeds four (4) lots, except by application for a full plat. Short plats shall not be permitted in the Agriculture/Forest Zone. No lot so created shall be less than the minimum lot size in each allowed zone, exclusive of easements, and may be required to be larger than the minimum lot size in the zone to accommodate wells, setbacks, septic systems, or the requirements of subsection 9-8B-2D of this article. Lots shall also meet the requirements set forth in any development agreement as per chapter 9-6A of this title. (Ord. 392, 8-16-2021)

The Planning Department shall approve short plats meeting the following criteria:

   A.   Submittal of a completed application form and fee shall be made by the owner of the affected property.

   B.   Written and signed acknowledgment from the fire district, Latah County Sheriff, and school district serving the affected parcel stating that the service requirements for the proposed short plat will not have an adverse effect upon existing service capabilities or finances of the jurisdiction.

   C.   Written and signed approval from the North Central District Health Department that each proposed lot has an approved sewage disposal site or approval from the appropriate agency for a shared sewer or septic system.

   D.   Each proposed lot shall have a building site outside of a designated special flood hazard area. The plat must include a development restriction prohibiting the placement of any residences, accessory buildings, wells or sewage disposal systems within the designated special flood hazard area.

   E.   Each lot shall have at least twenty-five feet (25') of frontage on a public road or at least fifty feet (50') of frontage onto one (1) fifty foot (50') easement that is a shared private driveway that accesses a public road. Each access onto the public road must be approved in writing by the jurisdiction maintaining the public road. No short plat may include new public roads unless required and approved in writing by the responsible highway district. As part of a development agreement via the rezone, the Board of Latah County Commissioners can require the private driveway be built to highway district standards for a public road. In addition to meeting the requirements of subsection 9-9-2D of this title, all shared private driveways in a short plat shall have twenty feet (20') of graveled or paved surface. The shared private driveway meeting the previous requirements shall be built to completion prior to issuance of any building permit for said short plat.

Unless the following requirements are met, no short plat may include driveways entering directly onto State highways maintained by the Idaho Transportation Department. All new lots created via a short plat, and rezones which will ask for a subsequent subdivision, must be designed to meet this requirement.

      1.   An applicant for a short plat may request a hearing before the Zoning Commission, applying the general procedures set forth in chapter 9-7B of this title, excepting section 9-7B-3 of this title and using the criteria set below, to ask for permission to use an existing residential access approach (existing residential access approach defined as approval from Idaho Transportation Department for a residential access approach given prior to the effective date of this article) to a State highway maintained by the Idaho Transportation Department if no reasonable lot configuration can meet the requirement and one of the following applies:

         a.   The original parcel from which a rezone was created does not touch any other public roadway.

         b.   An area rezoned prior to the adoption of this provision does not touch any other public roadway.

         c.   It is physically impractical for the new or existing parcel to gain access to a public roadway that is not a State highway maintained by the Idaho Transportation Department that touches that parcel.

      2.   The Zoning Commission shall use the following criteria in making its decision:

         a.   The proposed access is not detrimental to the health or safety of those in the surrounding area or the safety of the public at large.

      3.   If the existing residential access approach is approved by the Zoning Commission, the applicant shall be required to:

         a.   Gain approval from the Idaho Transportation Department for access for each new residential lot prior to the short plat being approved by the Planning Department.

         b.   Make any additional improvements as required by the Idaho Transportation Department to the driveway or approach prior to issuance of any building permit for said short plat, in addition to the requirements listed under this subsection E.

   F.   Plans for a water system or a statement that individual wells will be used shall be submitted to the Planning Department by the applicant.

   G.   The applicant shall provide to the Planning Department a map with each lot in the short plat drawn to scale that shows the size and dimensions of each lot and the potential location of the wells, septic systems, residences, other structures, easements, and regulatory setbacks. Regardless of minimum lot sizes in its zoning designation, each lot shall be sized so it will accommodate the well, all regulatory setbacks, the septic system, a residence, any other relevant structures, and such that it will be in compliance with subsection D of this section.

   H.   Submittal to the Planning Department of the plat prepared in accordance with the specifications of Idaho Code Title 50, Chapter 13. (Ord. 392, 8-16-2021)

All lots, buildings, improvements, and driveways located in an approved short plat shall comply with sections 9-9-1 and 9-9-2 of this title. Failure to comply with these design standards will make the affected lots ineligible for building permits. (Ord. 392, 8-16-2021)

Upon written approval of the short plat by the Planning Department, but not prior to the expiration of the appeal period of the Land Use Board of Appeals, the applicant shall, in the following order:

   A.   Submit the application to the Latah County Surveyor for review and approval;

   B.   Gather all signatures as required on the plat and by Idaho Code Title 50, Chapter 13, under the guidance of the Latah County Surveyor; and

   C.   Record the plat in the Latah County Recorder's Office under the guidance of the Latah County Surveyor and according to Idaho Code Title 50, Chapter 13. The applicant shall record the plat within one year of approval by the Planning Department. If the applicant fails to record the plat within one year of approval, the short plat application shall expire and the applicant shall resubmit a completed application form and fee that shall be made by the owner of the affected property and shall provide new approvals as set forth in subsections 9-8B-2 of this article to the Planning Department. (Ord. 392, 8-16-2021)

A "full plat" is the subdivision of a parcel of land into five (5) or more lots. Full plats shall not be permitted in the Agriculture/Forest Zone. No lot so created shall be less than the minimum lot size in each allowed zone, exclusive of easements, and may be required to be larger than the minimum lot size in the zone to accommodate wells, setbacks, septic systems, other required improvements, or the requirements of subsection 9-8C-2H of this article. Lots shall also meet the requirements set forth in any development agreement as per chapter 9-6A of this title. (Ord. 392, 8-16-2021)

Applications for full plat subdivisions must meet the following standards prior to consideration by the Zoning Commission:

   A.   Application for a full plat subdivision shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the Planning Department shall be submitted to the department prior to scheduling a public hearing.

   B.   Full plat subdivisions shall only be permitted in water and sewer districts as created under the provisions of Idaho Code Title 42, Chapter 32, or where services will be provided by a municipality. The applicant shall provide the Planning Department with written verification of approval by the majority of water and sewer district board members at a duly noticed public hearing of that district or a letter from the municipality that they will be receiving services with no contingencies. The approval shall explicitly state that the proposed subdivision is presently within the water and sewer district or will be receiving services from the municipality and that the district or municipality has approved an agreement with the applicant to provide adequate water and sewer service to each lot being approved for development. The verification document and written agreement shall be submitted to the Planning Department with the application. Full plats with fewer than ten (10) lots that are greater than five (5) acres each are not required to comply with this section, but must comply with subsections 9-8B-2C and F of this chapter.

   C.   No more than two (2) lots in a full plat subdivision may have private driveway access to an existing highway district system road, unless additional lots are approved for private driveway access by the responsible highway district in the interest of public safety. The Board of Latah County Commissioners is not limited in its authority to require limits to access as part of the subdivision approval. All other lots in a full plat subdivision must have direct access to a new public road that has been accepted on the subdivision plat as a public road by the responsible highway district. No private driveways shall enter a State highway maintained by the Idaho Transportation Department. Written approval is required from the Idaho Transportation Department for any new public road maintained by the Idaho Transportation Department. The applicant shall provide a map showing the proposed lots, location of the new public road and all private driveway accesses. The applicant must obtain written approval of the responsible highway district verifying:

      1.   That the new public road has been accepted as part of the highway district's highway system;

      2.   That each lot has approved direct access to a public road; and

      3.   That the applicant, their successors and/or assigns have agreed the highway district's conditions necessary to ensure proper construction and maintenance of all public road improvements.

All approval documents and agreements shall be submitted to the Planning Department with the application.

   D.   Full plat subdivisions shall be located within an existing fire district. The applicant shall provide the Planning Department with written verification of approval by the majority of fire district Commissioners at a duly noticed public hearing of that district. The approval shall explicitly state that the proposed full plat subdivision is within the fire district and that the district has approved an agreement with the applicant to provide adequate fire protection. The agreement shall specify any fire protection improvements that may be required by the district prior to issuance of building permits in the new subdivision. The verification document and written agreement shall be submitted to the Planning Department with the application.

   E.   The applicant shall provide to the Planning Department a verification document from the school district that the district will be able to accommodate the proposed subdivision with services.

   F.   The applicant shall provide to the Planning Department a verification document from the Latah County Sheriff that the Sheriff's Department will be able to accommodate the proposed subdivision with services.

   G.   All utility services shall be provided through underground utility easements shown on the plat.

   H.   Each proposed lot shall have a building site outside of a designated special flood hazard area. The plat must include a development restriction prohibiting the placement of any residences, accessory buildings, wells or sewage disposal systems within the designated special flood hazard area. (Ord. 392, 8-16-2021)

To ensure public safety and comply with the provisions of the Latah County Comprehensive Plan, and in addition to any other applicable provision of this title, full plats approved in accordance with this article shall meet the following standards:

   A.   Prior to the final plat being signed by the Board of Latah County Commissioners and prior to any improvements being made upon the property:

      1.   A surface drainage and runoff plan, submitted by a professional engineer licensed in the State of Idaho, shall certify that the subdivision, when developed in accordance with the engineered plan, will not permit any surface drainage or runoff which exceeds the drainage or runoff from the site prior to subdivision approval.

      2.   The applicant shall provide a financial guarantee, bond or escrow account, in an amount approved by the Board of Latah County Commissioners. The applicant shall provide an amount recommended by a professional engineer licensed in the State of Idaho for the needed drainage control improvements, road work, utilities, and bike paths or sidewalks.

      3.   No gated communities will be allowed.

      4.   For all full plats with lots smaller than or equal to two (2) acres in size, land shall be dedicated to the County, free of all liens and encumbrances, prior to the signing of the final plat, in order that adequate sites for public parks may be properly located and preserved as the County develops. The amount of land dedicated shall be in the amount of five percent (5%) of the total land in the plat not to exceed ten (10) acres. All lands designated for parks shall be approved by the Latah County Parks and Recreation Department.

   B.   Prior to the issuance of any building permits within the subdivision:

      1.   The plat prepared in accordance with the specifications of Idaho Code Title 50, Chapter 13, and the requirements of this title shall be recorded by the applicant or applicant's authorized agent within one year of the effective date for full plat approval. Plat approval expires if the applicant fails to record the plat as specified; the applicant must then reapply for a full plat.

      2.   All lots in a plat shall have a minimum of a one-hundred foot (100') greenbelt buffer between the plat and a nonresidential zone. No residences shall be permitted within this buffer area. This buffer can be eliminated if the zoning on the adjacent property is changed to residential.

      3.   All roads shall be built to the current highway district road standards and shall be subject to highway district use standards and regulations.

      4.   All lots shall have off-street parking for at least four (4) vehicles.

      5.   All utilities, approved water systems, and approved sewer systems shall be installed and shall be approved by the agency with oversight.

      6.   A paved path system must be created and maintained so that the system accesses each house and goes to all bus stops and any required park. If adjacent to a road, there must be an adequate buffer, as approved by the Planning Department between the path and the road.

      7.   The surface runoff plan shall be implemented.

      8.   If the improvements are not made upon the property within one year of final approval of the full plat, then the County may use the bond or escrow account to make the improvements. (Ord. 392, 8-16-2021)

   A.   A public hearing before the Zoning Commission shall be held on each complete application received by the Planning Department within six (6) months of receiving the complete application. In the event that the applicant does not want a hearing to be held within this six (6) month period, at the end of the six (6) month period the application will be returned to the applicant, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed. The applicant can withdraw an application at any time, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed.

   B.   Notice for the public hearing shall be given as set forth in Idaho Code section 67-6512(b), or when notice is required to two hundred (200) or more property owners, notice shall be given as set forth in section 9-6B-2 of this title.

   C.   The Zoning Commission shall determine whether the proposal conforms to the full plat criteria set forth in this article. Based on its determination, the Zoning Commission shall issue a preliminary approval or denial of the application for the full plat. The Zoning Commission shall require a written agreement to ensure that the criteria set forth in subsection 9-8C-3B of this article shall be met. The written agreement shall, for any improvements, include costs for any improvements as determined by a professional engineer licensed in the State of Idaho, and the applicant shall provide a financial guarantee for such improvements in the form of a bond or escrow account.

   D.   The Zoning Commission shall announce its decision and approve findings of fact and conclusions of law within forty (40) days of closing the public hearing. If the Zoning Commission denies the application, that decision shall be considered final and it may be reconsidered as per section 9-1-12 of this title.

   E.   If the Zoning Commission approves the application, the application shall be forwarded to the Board of Latah County Commissioners. The Board of Latah County Commissioners may either approve or deny the application. If the Board of Latah County Commissioners denies the application, the Board shall adopt written findings of fact and conclusions of law setting forth the basis for the denial.

   F.   After the Board of Latah County Commissioners approves the application, the applicant shall have one year from the expiration date of the reconsideration period to complete and record the plat, in accordance with Idaho Code Title 50, Chapter 13, the requirements set forth in subsection 9-8C-3A of this article, and any relevant provisions of the written agreement set forth in subsection C of this section.

   G.   Once the applicant has completed the plat as set forth above and provided notice of completed plat to the Planning Department and the Latah County Surveyor, the Planning Department shall verify the compliance of this plat and then forward it to the Board of Latah County Commissioners. The Board of Latah County Commissioners shall then ensure the requirements of Idaho Code Title 50, Chapter 13 are met, the applicant has complied with and completed the requirements set forth in subsection 9-8C-3A of this article and any relevant provision of the written agreement set forth in subsection C of this section, and then shall sign the plat. After the Board of Latah County Commissioners signs the plat, the applicant shall record the plat in the Latah County Recorder's Office. Plat approval shall expire if the applicant fails to record the plat; the applicant must then reapply for a full plat. (Ord. 392, 8-16-2021)

A full plat shall be approved if the Zoning Commission finds that the proposed full plat meets each of the following criteria:

   A.   The proposed subdivision will not be detrimental to the public interest or other property in the vicinity of the proposed full plat.

   B.   The proposed subdivision will not require facilities or services with excessive costs to the public.

   C.   The proposed subdivision is not in conflict with the goals and policies of the Comprehensive Plan.

   D.   The proposed subdivision has met the applicable requirements of this article and Idaho Code Title 50, Chapter 13. (Ord. 392, 8-16-2021)

Any court distributions of property, allocations of land in the settlement of an estate, or any other type of property distribution that is not otherwise addressed in this article must be in compliance with the provisions of this title to be eligible for any residential or commercial building permits. (Ord. 392, 8-16-2021)

   A.   Any transfer(s) of property between adjacent properties will be considered a boundary line adjustment unless the property being transferred is a product of an approved land division or subdivision. Lots created through a subdivision are not eligible for boundary line adjustments unless the subdivision is amended, changes meet all of the requirements of this title, and the property is replatted.

   B.   Boundary line adjustments are allowed so long as the resulting parcels and existing uses on those parcels do not violate any section of this title or other requirements that were set upon approval of the lots or uses. Boundary line adjustments for parcels that were part of a land division are subject to the requirements of section 9-8A-7 of this chapter. Boundary line adjustments do not transfer the rights or privileges of one parcel to another parcel, but may extend or decrease the allowed uses on a parcel depending on how its boundaries are adjusted.

   C.   A parcel that is subject to a boundary line adjustment after January 1, 1997, may still be eligible for a land division under article A of this chapter. The land division eligibility is set forth in article A of this chapter; however, in the event that the parcel of land is smaller than the previously defined boundaries of the existing parcel of land, the eligibility shall be based upon the most recent deed. Any boundary line adjustment performed after January 1, 1997, shall not increase, but may decrease, the number of allowed land divisions for any existing parcel, as defined in article A of this chapter.

   D.   Any strip of land used to connect an existing parcel to more property that is being boundary line adjusted shall be at least twenty-five feet (25') in width. (Ord. 392, 8-16-2021)