This chapter provides additional performance standards applicable to the division of land for sale or development. (Ord. 2010-08, 10-12-2010)

A record of survey or plat shall be required for all land divisions, except as provided in subsection 10-2-2B of this title. Records of survey and plats shall meet all requirements of title 50, chapter 13 of the Idaho Code, "plats and vacations" 1 , as amended, and all requirements of section 10-17-5, "Appendix E, Platting Lot Splits And Subdivisions", of this title. (Ord. 2010-08, 10-12-2010)

A lot split is the creation of any parcel of land, for the purpose of sale, lease, rental or development. All lot splits shall comply with the following requirements:

   A.   Evasion Of Requirements: Lot splits shall not be used as a means to evade the requirements of this title for subdivision by using multiple lot splits.

   B.   Permitted Use Accommodated: Any lot created shall be capable of accommodating a permitted use allowed by this title.

   C.   Frontage On Road: Any lot created shall have frontage on and direct access to an existing public road in compliance with the standards of this title. The approval of the Power County highway district or the Idaho transportation department as appropriate shall be required for the location of any said access to an existing public roadway.

   D.   Compliance With Standards: Lot splits shall comply with all other applicable standards of this title.

   E.   Access To Lot: The provision of access to the lot created, including any necessary extension of roads, shall be the responsibility of the developer.

   F.   Subsequent Splits: A single (or "parent") lot may only be divided or "split" up to three (3) times. Any lots created from the parent lot must comply to the underlying zone. Any subsequent divisions will be considered a subdivision and shall comply with all requirements of a "subdivision" herein.

   G.   Zone Requirements: All lots created by the lot split must meet the requirements of the zone of the parcel being split, i.e., minimum lot size, setbacks, etc. All lots must have safe legal access, including access for utilities.

   H.   Deed Restriction: All lot splits shall require a deed restriction on the parent parcel and the parcel split off to track the number of times the lot has been split.

   I.   Compliance: The commission shall determine whether the proposed lot split is in compliance with the comprehensive plan and this title. If it finds that the proposed lot split complies, it shall approve the application. If it finds that the proposed lot split is not in compliance, it shall disapprove the application. Conditions may be attached to an approval, as provided herein.

   J.   Approval Of Use: Approval of a lot split does not constitute or imply approval of a permit for any prospective use of the lot created.

   K.   Maximum Acreage Of The Parent Lot: At the option of the applicant, prior to dividing or splitting up a parent lot, the applicant may designate, and divide the parent lot down to one hundred sixty (160) acres of dry land agricultural land or eighty (80) acres of irrigated agricultural land, to be the parent lot for lot splits. This dividing of the parent lot parcel must be in a form acceptable to the county recorder, and recorded prior to the lot split application. The remaining land not so designated will not be labeled the parent lot for any subsequent lot split, only the land designated as the parent lot as indicated.

Any contrary provisions of this code, which conflict with this section concerning lot splits, are hereby modified so that this section shall govern. (Ord. 2015-4, 3-9-2015)

An application for a subdivision permit may be rejected solely on the grounds that the application does not provide a master plan for the development of the entire contiguous holdings of the developer or owner. (Ord. 2010-08, 10-12-2010)

Subdivisions shall comply with all the applicable performance standards of this title and the following design requirements:

   A.   General Requirements: Subdivisions shall be designed to minimize the length of roads and utility lines required by their development; exposure to natural hazards and damage to natural assets, including soil erosion and the acceleration of storm and melt water runoff; exposure to nuisances, including traffic; and conflict with neighboring land uses.

   B.   Permitted Use Accommodated: Every lot created shall be capable of accommodating a permitted use allowed by this title.

   C.   Double Frontage Lots: No double frontage lots shall be created.

   D.   Side Lot Lines: Side lot lines shall run as nearly perpendicular to the street as possible. The creation of acutely angular lots shall be avoided, except where necessary to accommodate the terrain or previously existing property lines. A utility easement of five feet (5') in width shall be provided along all side and rear lot lines.

   E.   Taxing Jurisdiction: No lot shall be divided by the boundaries of any taxing jurisdiction. (Ord. 2010-08, 10-12-2010)

All subdivisions shall demonstrate compliance with the requirements of Idaho Code section 31-3805, as amended, which provides for approval of subdivisions by irrigation entities. This statute is provided, for reference purposes, in section 10-17-6, "Appendix F, Irrigation Statute", of this title. (Ord. 2010-08, 10-12-2010)

Subdivisions that are in, or include a portion of, a flood prone or special flood hazard area shall comply with the additional requirements of chapter 11 of this title. (Ord. 2010-08, 10-12-2010)

The following improvements shall be provided in all subdivisions:

   A.   Survey Monuments: Survey monuments as required by state law and this title.

   B.   Private Utility Connections: Private utility connections (power, natural gas - where available, telephone, cable television - where available) for each lot, including any extension of lines or cables required to serve the subdivision in compliance with the standards established by the utility involved.

   C.   Roads: Roads, constructed to the specifications adopted by the Power County highway district, and dedicated to the public.

   D.   Other Improvements: Any other improvement required for compliance with this title.

   E.   Water And Sewer Systems, State Approval: Where provided, central water and/or sewerage systems shall be approved by the state.

   F.   Underground Utilities: Underground utilities shall be provided where possible. All utility connections shall be installed to the property line of every lot created before the base course of the road is laid. (Ord. 2010-08, 10-12-2010)

For the purposes of this title, townhouses and other forms of attached multiple ownership dwellings are included in the term "condominium".

   A.   Platting: All condominium developments shall be platted.

   B.   Recording Documents: The developer shall provide evidence that a proper condominium agreement, party wall easements, and other documents necessary to provide for attached multiple ownerships have been recorded. (Ord. 2010-08, 10-12-2010)

Requests for the vacation of a subdivision plat shall follow the procedure provided in Idaho Code section 50-1306A except that, prior to conducting the required public hearing on the proposed vacation, the BOCC shall refer the proposed vacation to the PZC for review and comment. (Ord. 2010-08, 10-12-2010)