St Maries City Zoning Code
CHAPTER 7
SUBDIVISIONS
11-7-1: COMPLIANCE REQUIRED:
A. Compliance: No subdivision or plat of any subdivision of any land within the City shall be approved unless it is in full compliance with the provisions of this Code.
B. Exemptions: The following shall be exempt from the subdivision approval process of this title:
1. Divisions made by testamentary provisions, the laws of descent, or upon court order.
2. Divisions made for cemeteries or burial plots while used for that purpose.
3. A division of land for agricultural purposes into lots of five (5) acres or more and not involving a new street.
6. Divisions for the conveyance of land to a public entity. (Ord. 2017-717, 5-8-2017; amd. Ord. 2024-781, 10-15-2024)
11-7-2: ENFORCEMENT:
The building inspector shall not issue building or occupancy permits for any building and/or structure on a lot in a subdivision for which a plat has not been approved in accordance with the terms of this title. (Ord. 2011-677, 6-13-2011)
11-7-3: PROCEDURE:
Before subdividing any tract of land, a subdivider shall:
A. Submission Of Preliminary Plat: Submit, at least five (5) days in advance of a Planning and Zoning Commission meeting, two (2) copies of a preliminary plat for examination and subsequent recommendations of approval or disapproval.
B. Submission Of Final Plat: Within six (6) months after receiving tentative approval of the preliminary plat, the original and three (3) copies of the final plat shall be submitted to the Planning and Zoning Commission.
C. Approval Of Final Plat: Approval of the final plat by the Planning and Zoning Commission shall be null and void if the subdivision is not initiated on the site within ninety (90) days after the date of approval.
D. Vote Of City Council Required: Approval of the preliminary plat and the final plat by the Planning and Zoning Commission is subject to a vote of the City Council. (Ord. 2011-677, 6-13-2011)
11-7-4: PRELIMINARY PLAT:
The preliminary plat shall be drawn to a scale not smaller than one inch to two hundred feet (1" = 200') and shall contain the following information:
A. Proposed name of subdivision.
B. Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.
C. Names and addresses of the subdivider, owner and engineer.
D. Location by section, town, range, township, county and state.
E. Name of streets within the adjoining plat.
F. Boundaries of the subdivision indicated by a heavy line and approximate acreage.
G. Location, width and names of existing or platted streets, railroad rights-of-way, easements, parks, permanent buildings, section and corporation lines.
H. Drainage channels, wooded areas, power transmission poles and lines and any other significant items should be shown.
I. Date of preparation, scale or map and north point.
J. Location and principal dimensions for all proposed streets, alleys, easements, lot lines and areas to be reserved for public use.
K. Provisions for water, sewer disposal, drainage and/or flood control.
L. A contour map showing contour intervals consistent with the contour of the ground may be required by the Planning and Zoning Commission.
M. A statement of intended use of the proposed subdivision showing all use applications.
N. Two (2) copies of any proposed or existing restrictive covenants and/or deed restrictions or, if none, a statement that none are proposed or previously exist. (Ord. 2011-677, 6-13-2011)
11-7-5: FINAL PLAT:
The final plat must be prepared in accordance with Idaho Code title 50, chapter 13, and shall contain the following information:
A. Name of the subdivision.
B. Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.
C. Names and addresses of the subdivider, owner and engineer.
D. Location by section, town, range, township, county and state.
E. Names of streets within the adjoining plat.
F. All plat boundaries.
G. Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.
H. Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.
I. Accurate location of all monuments within subdivision.
J. Length of arcs, radii, internal angles, points of curvature and tangent bearings.
K. When lots are located on a curve or when side lot lines are at angles other than ninety degrees (90°), the width at the proposed structure shall be shown.
L. Date of preparation of plat, scale of map and north point.
M. All easements for right of way provided for public services or utilities, and any limitations of such easements.
N. All lot numbers, and lines, with accurate dimensions in feet and hundredths and with bearings or angles to street and alley or crosswalk way lines.
O. Accurate outlines of any area to be dedicated or temporarily reserved for public use with the purpose indicated thereon.
P. Proof of ownership and status title (title report). (Ord. 2011-677, 6-13-2011)
11-7-6: IMPROVEMENTS:
A. Agreements: The final plat, when submitted to the planning and zoning commission must, before final approval, be accompanied by the following:
1. Plans And Specifications: Plans and specifications for the required land improvements, approved by the city engineer or other person designated by the city council.
2. Agreement To Make And Install: An agreement executed by the owners and subdividers whereby they agree to make and install the improvements provided for in subsection B of this section in accordance with the plans and specifications accompanying the final plat, and subject to inspection and approval by the city engineer or other person designated by the city council.
3. Financial Assurance: An agreement, supported by a bond, a cash deposit or other financial assurance that is satisfactory to the planning and zoning commission, that the required improvements will be completed within two (2) years after approval of the final plat.
B. Required Improvements: No final plat shall be approved by the planning and zoning commission without receiving a statement from the city engineer or other person designated by the city council that the improvements described in the plans and specifications of the subdivider meet the minimum requirements of this code and that they comply with the following:
1. Streets:
a. Surfacing: All streets shall be surfaced in accordance with applicable standard specifications of the city.
b. Curbs, Gutters And Drainage: Curbs, gutters, drainage structures shall be provided in accordance with standard specifications of the city.
c. Sidewalks: Concrete sidewalks, when required, shall be constructed along at least one side of every minor street shown on the plat in accordance with applicable standard specifications of the city and concrete sidewalks shall be constructed along both sides of all collector streets.
d. Name Signs: Street name signs shall be placed at all street intersections within or abutting the subdivisions.
e. Lighting: The minimum requirement for street lighting facilities shall be one 100-watt sodium vapor lamp (9,500 lumen), or its equal, at each street intersection within or abutting the subdivision or at a minimum every three hundred feet (300') therein.
2. Water Supply:
a. Public System Accessible: Where a public water supply approved by the city is reasonably accessible, each lot within the subdivision area shall be provided with a connection thereto.
b. Public System, Pending Accessibility: In a proposed subdivision, pending accessibility of a public water supply, the subdivider may be required to construct an adequate supply of potable water which will be available to every lot in the subdivision at the time improvements are erected thereon.
c. Fire Hydrants: Fire hydrants shall be installed in all subdivisions in accordance with state codes.
3. Sewers:
a. Public System Accessible: Where a public sanitary sewer is reasonably accessible, each lot within the subdivided area shall be provided with a connection thereto.
b. Public System Not Accessible: Where a public sanitary sewer is not accessible, it will be necessary for the subdivider to provide some acceptable service to each lot. (Ord. 2011-677, 6-13-2011)
11-7-7: DESIGN STANDARDS:
All subdivisions shall comply with the following minimum requirements:
A. Streets:
1. Design Considerations: The arrangement, character, extent, width, grade and location of all streets shall conform and shall be considered in their relation to existing and planned streets to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
2. Existing Streets: The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas.
3. Proper Projection: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets.
4. Adjoining Unsubdivided Tract: When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.
5. Street Jogs; Centerline Offsets: Street jogs with centerline offsets of less than one hundred twenty five feet (125') shall be avoided at intersections.
6. Dead End Streets; Cul-De-Sacs: Dead end streets or cul-de- sacs, designed to be so permanently, shall be no longer than four hundred feet (400') and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eighty feet (80'), and a street property line of at least one hundred feet (100'). If a dead end street is of a temporary nature, a similar turnaround shall be provided and provision made for future extension of the street into adjoining properties.
7. Existing Arterial Street: Where a subdivision abuts or contains an existing arterial street the planning and zoning commission may require marginal access streets or other such treatment as may be necessary for adequate protection of through and local traffic.
8. Minor Streets: Minor streets shall be so laid out that their use by through traffic will be discouraged.
9. Minimum Width: All streets shall be of the following minimum width:
Thoroughfare streets | 100 feet |
Collector streets | 80 feet |
Minor streets | 60 feet |
10. Intersections:
a. More Than Two Streets: The intersection of more than two (2) streets at one point shall be avoided except where it is impractical to secure a proper system otherwise.
b. Angle Of Intersection: Streets shall intersect one another at an angle as near to a right angle as possible, and no intersections of streets at angles less than sixty degrees (60°) shall be approved.
c. Radius: Street intersections shall be rounded with a radius of twelve feet (12') measured at the back of curbs. When the said intersection occurs at an angle other than a right angle, it shall be rounded with a curve of a radius acceptable to the planning and zoning commission.
d. Business Districts: In business districts, the planning and zoning commission may permit comparable cutoffs or cords.
11. Connecting Street Lines: When connecting street lines deflect from each other at any one point by more than ten degrees (10°), they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than six hundred feet (600') for minor and collector streets, and of such greater radii as the planning and zoning commission shall determine for special cases.
12. Tangent: A tangent at least one hundred feet (100') long shall be introduced between reverse curves on arterial and collector streets.
13. Future Resubdivision: Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision.
14. Reserve Strips: Reserve strips controlling access to streets shall be prohibited except under conditions approved by the planning and zoning commission.
15. Grade: No street grade shall be less than one percent (1%) and shall not exceed eight percent (8%), with due allowance for reasonable vertical curves.
16. Railroad Right Of Way: Where a subdivision borders on or contains a railroad right of way, or limits access highway right of way, the planning and zoning commission may require a street approximately parallel to and on each side of such right of way, at a distance for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
17. Half Streets: Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the planning and zoning commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided.
18. Street Names; House Numbers: Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of, or in alignment with the existing or platted street. House numbers shall be assigned in accordance with the house numbering system in effect in the city. All new streets shall be named by the subdivider subject to the approval of the planning and zoning commission.
19. Access To Proposed Streets: The subdivider shall provide access to all proposed streets, across all ditches in a standard method approved by the city engineer or other person designated by the city council.
B. Alleys:
1. Residential Areas: Alleys shall not be permitted in residential areas.
2. Commercial, Industrial Districts: Alleys shall be provided in commercial and industrial districts except that the planning and zoning commission may waive this requirement where other definite and assured provision is made for service access, such as off street parking, loading, and unloading consistent with that adequate for the uses proposed.
3. Minimum Width: The right of way width of an alley shall be twenty feet (20') minimum.
4. Dead Ends: Dead end alleys shall not be permitted, except that the planning and zoning commission may waive this requirement where such dead end alley is unavoidable and where adequate turnaround facilities have been provided.
C. Easements:
1. Utility Easements: Easements with a right of way width of eight feet (8') shall be provided on each side of all rear lot lines and along certain side lot lines where necessary for utilities.
2. Stormwater Easement: Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right of way conforming substantially with the lines of such watercourse, and such further width or construction, or both, and will be adequate for the purpose, as determined by the planning and zoning commission.
D. Lot Sizes: Lot sizes must be consistent with the zoning provisions established by the planning and zoning commission for the area. (Ord. 2011-677, 6-13-2011)
11-7-8: LOT MERGERS:
A. Intent and Purpose: The purpose of this section relating to the voluntary merger of adjoining city lots is to provide a procedure by which two (2) or more contiguous lots or units of land located in the city of St. Maries and owned by the same property owner may be merged into one parcel for building purposes without replatting.
B. Applicability: The provisions set forth in this section for the voluntary merger of lots shall be applicable to two (2) or more adjoining lots of land owned by the same owner under the following circumstances:
1. The owner of two (2) or more of the adjoining lots voluntarily elects to merge the lots into one parcel; and
2. The owner has complied with the filing requirements set forth below; and
3. The Planning Administrator, or if no Planning Administrator has been appointed, the Planning Commission has determined it is in the best interest of the city to approve the voluntary lot merger and good cause is found to support the decision; and
4. The lots which are proposed to be voluntarily merged do not contain dedicated easements for roads, ingress and egress, utilities or for any other purpose that would be affected by the proposed merger.
C. Lots which are voluntarily merged shall not be sold separately or considered separately eligible for building permits without approval by the City, following the procedure outlined in Subsection G of this Section.
D. Nothing in the provisions relating to merger of lots in this Section shall be construed or interpreted to prohibit the sale, lease or financing of adjoining lots of land, where the same have not been merged pursuant to this Section or any predecessor Section of St. Maries City Code.
E. Application and Approval:
1. The applicant shall file with the city clerk an application for voluntary lot merger. The application shall be on a form provided by the city and shall include all of the requirements necessary for the approval of the voluntary merger.
2. The land owner shall attach to the application all documents required in the application form, which shall include a site plan and / or parcel map showing the lots to be combined and any existing structures on the property; and a title report prepared within 6 months of application showing proof of ownership, any other persons or entity with an ownership or property interest in the lots to be merged, and easements of record.
3. The applicant shall pay an application and processing fee to the city clerk at the time the application is filed, in accordance with a fee schedule adopted by resolution of the city council, and which may be modified from time to time by resolution.
4. Within 60 days of acceptance of a complete application, the Planning Administrator, or if no Planning Administrator has been appointed, the Planning Commission shall either approve or deny the application based on the following:
a. determination that approval would be in the best interest of the city; and
b. the merged lot does not contain dedicated easements in the interior of the merged parcel for road, ingress and egress, utilities or for any other purpose that would be affected by the proposed merger.
F. Decision and Appeal. The decision shall be documented in an Order of Decision which includes the information relied upon and conclusions. The decision may be appealed in accordance with Title 11, Chapter 11 of this Code. The Order of Decision shall be recorded at the county recorder's office by the City Clerk after the appeal period expires.
G. Removal of Lot Merger. A completed and recorded lot merger may be removed from the property by approval of the Planning Administrator, or if no Planning Administrator has been appointed, the Planning Commission in accordance with the following:
1. Application requirements
a. Completed Application on a form provided by the city
b. A Record of Survey showing the existing property boundary and property lines to be re-established by removal of the merger, as well as existing easements, utilities, driveways and structures on the property.
c. A narrative that addresses the existing zoning and how the dimensional requirements, such as setbacks, lot size, road frontage, etc. will still be met if the lot merger is removed.
2. Required findings. To approve an application for removal of a lot merger, the Planning Administrator (or Planning Commission, as applicable) must make the following findings.
a. The removal of the lot merger will re-establish the lot boundary as originally platted and will not serve as a boundary line adjustment.
b. The removal of the lot merger will not create any dimensional non-conformities or exacerbate any existing non-conformities with the requirements of the zone it is located in.
c. Water and sewer connections are available to each of the lots that will exist after removal of the lot merger.
d. If the property is subject to an LID, it must have paid for an LID assessment for each lot that will exist after removal of the lot merger. Due to the nature of LIDs, lots cannot be added to the LID after the LID is created.
3. Decision and Appeal. The decision shall be documented in an Order of Decision which includes the information relied upon and conclusions. The decision may be appealed in accordance with Title 11, Chapter 11 of this Code. The Order of Decision shall be recorded at the county recorder's office by the City Clerk after the appeal period expires. (Ord. 2024-781, 10-15-2024)
11-7-9: BOUNDARY LINE ADJUSTMENTS:
A. Purpose: The purpose of this section is to provide a procedure by which two (2) or more contiguous lots, parcels or units of land located in the City of St. Maries may be adjusted without the filing of a subdivision plat. In situations where 3 lots will be adjusted into 2 lots (or similar combinations of boundary changes), one lot will be adjusted using this process while the other will be processed as a lot merger.
B. A boundary line adjustment adds a parcel of land to an abutting lot or otherwise exchanges property between adjacent lots. Newly acquired land must be combined on the same deed for recording purposes as the remainder of the owner's parcel and shall thereafter be treated as combined with the adjoining parcel for development purposes and may not be conveyed as a separate, stand-alone lot or parcel.
C. Standards:
1. No additional lots or parcels may be created by the boundary line adjustment.
2. Parcels resulting from a boundary line adjustment shall meet the minimum lot size requirements for the zone in which the lots or parcels are located and otherwise comply with all City zoning and development requirements. If the original lots or parcels are non-conforming (do not meet the current zoning requirements), the boundary line adjustment may be approved if the boundary line adjustment does not result in a greater degree of non-conformity for either lot or parcel.
D. Application:
1. The owner(s) seeking a boundary line adjustment shall file with the City Clerk an application on a form provided by the City, and shall include all of the requirements necessary for approval of a boundary line adjustment. This shall include:
a. A map, accurately drawn to conventional scale and dimension, showing:
(1) Assessor's parcel numbers;
(2) All existing property lines;
(3) Proposed property line changes;
(4) Dimensions and size (by area) of all existing parcels;
(5) Dimensions and size (by area) of all proposed parcels;
(6) The location and size of all structures, improvements, drainage facilities, utilities, easements, and any right-of-way in the area of the proposed boundary line adjustment.
b. A vicinity map showing the relationship of the parcels to the surrounding platting pattern and surrounding streets and alleys.
c. A title report completed within the previous six (6) months, showing all owners of record, encumbrances and all lien holders.
d. A written statement giving the reason for the proposed adjustment.
3. The application shall be signed and acknowledged by all owners and any other persons with an ownership or property interest in the lots to be adjusted.
E. Application Fee. The applicant shall pay an application and processing fee to the City Clerk at the time the application is filed, as established by resolution of the city council, and which may be modified from time to time.
F. Approval. Within 60 days of acceptance of a complete application, the Planning Administrator, or if no Planning Administrator has been appointed, the Planning Commission shall approve the proposed boundary line adjustment, return the application to the applicant for additional information, or shall deny the application. Approval or denial shall be based on whether the application is complete and the requirements set forth herein have been met. The decision may include reasonable conditions to ensure compliance with the requirements of this code.
G. Decision and Appeal. The decision shall be documented in an Order of Decision which includes the information relied upon and conclusions. The decision may be appealed in accordance with Title 11, Chapter 11 of this Code. The Order of Decision shall be recorded at the county recorder's office by the City Clerk after the appeal period expires.
H. Completion by Applicant. The applicant shall have legal descriptions prepared by a surveyor, licensed by the State of Idaho, and shall submit appropriate deeds to the City for legal review prior to recordation. The deeds shall be accompanied by a survey of the property showing the new lot lines with property pins visibly positioned, prepared and stamped by a licensed surveyor. The City shall complete its review of the unrecorded deeds within 30 days of receipt from the applicant. Prior to recording, the applicant shall also pay any current property taxes, special assessments, interests, or City utility fees due on the parcels of land which the lot line adjustment application relates. After city legal counsel review of the deeds, the applicant shall record the deeds and survey with the county recorder within one hundred eighty (180) days of the signature date on the Order of Decision.
I. If the deeds and survey are not recorded within one hundred eighty (180) days of the city approval, then the approval shall be considered void and the city clerk shall file a notice with the county recorder voiding the order recorded pursuant to subsection G of this section.
J. Upon the approval of a boundary line adjustment application and the recording of the appropriate deeds and survey, the former lot lines within the adjusted lots or parcels shall be disregarded and the new boundary lines be used for the purpose of zoning setbacks and other city codes and regulations.
K. No building permits shall be issued for construction of any structure on any lot or parcel affected by the boundary line adjustment until the City has received evidence of recording of the appropriate deeds, and that all conditions of approval have been met. (Ord. 2024-781, 10-15-2024)
11-7-10: PLAT AND STREET VACATIONS:
A. Procedure: Applications for vacation of existing plats, roads, rights of way, easements, or other conveyances shall be submitted to the City Clerk on a form provided by the City. The applicant shall pay an application and processing fee to the City Clerk at the time the application is filed, as established by resolution of the city council, and which may be modified from time to time. The application shall be processed by the City in accordance with title 50, chapter 13, and section 50-311, Idaho Code. The procedure for notice and hearing of such applications shall be in accordance with section 50-1306A, Idaho Code.
B. Survey Required: If city council requires a survey be completed as a condition of approval:
1. The applicant shall record a survey of the property showing the new lot lines prepared and stamped by a surveyor with the county recorder and shall provide a recorded copy to the city within one hundred eighty (180) days of city council approval.
2. If not recorded within one hundred eighty (180) days, the approval shall be considered void. (Ord. 2024-781, 10-15-2024)