ARTICLE C. SPECIAL DEVELOPMENT PROVISIONS
SECTION:
8-5C-1: Land Division Amendments
8-5C-2: Condominium Subdivisions
8-5C-3: Manufactured Home Subdivisions
8-5C-4: Subdivisions Located Within A Floodplain
8-5C-5: Nonresidential Subdivisions
8-5C-1: LAND DIVISION AMENDMENTS:
A. Purpose: The purpose of these regulations is to allow for the adjustment of property lines between existing properties, reduction of buildable lots and minor changes in a recorded subdivision. (Ord. 898-08, 9-8-2008)
B. Applicability: These provisions apply to all existing recorded subdivisions or minor land divisions created in accord with section 8-5C-6, "Minor Land Division", of this article. (Ord. 944-12, 5-14-2012)
C. Process:
1. Application: An application and fees, in accord with chapter 6, "Administration", of this title, shall be submitted to the planning official on forms provided by the planning department.
2. Tentative Approval: Upon tentative approval of the application by the planning official and subject to any applicable conditions of approval and the provisions of chapter 6, "Administration", of this title, the applicant or owner shall have one year to complete the following tasks:
a. Cause the property to be surveyed and a record of survey recorded;
b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved;
c. Obtain new tax parcel numbers from the Ada County assessor; and
d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the planning official.
3. Certificate Of Code Compliance: Upon determination by the planning official that the final property boundary adjustment is in conformance with this article, a certificate of code compliance shall be issued.
D. Standards:
1. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this title; or if one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by this title, the property boundary adjustment shall not increase the nonconformity.
2. A property boundary adjustment shall not increase the original number of properties, and may decrease the original number of properties.
3. A property boundary adjustment shall not change or move any public streets or publicly dedicated areas in any manner.
4. Any private or public easement shall be vacated in accord with the requirements of this title. (Ord. 898-08, 9-8-2008)
8-5C-2: CONDOMINIUM SUBDIVISIONS:
A. Purpose: The purpose of this section is to set forth provisions that protect the public health, safety and general welfare in subdivisions with condominium developments.
B. Applicability: These provisions shall apply to all property to be subdivided with condominium ownership.
C. Process:
1. The condominium application shall be submitted in accordance with chapter 6, "Administration", of this title and article A of this chapter.
2. With the application for a preliminary subdivision, the following shall also be provided:
a. Diagrammatic floor plans of the building or buildings built or to be built in sufficient detail to identify each unit, its relative location and approximate dimensions, showing elevations where multilevel or multi-story structures are diagrammed, and
b. A declaration and bylaws consistent with the provisions contained in Idaho Code section 55-1505.
D. Recording: Upon approval of the final subdivision application by the council, subject to any applicable conditions of approval and the provisions of chapter 6, "Administration", of this title, the applicant shall record the declaration, subdivision or subdivisions, deeds, bylaws, administrative provisions, and/or articles of incorporation as provided in Idaho Code section 55-1506. (Ord. 898-08, 9-8-2008)
8-5C-3: MANUFACTURED HOME SUBDIVISIONS:
A. Purpose: The purpose of this section is to set forth provisions that protect the public health, safety and general welfare in subdivisions for manufactured home development.
B. Applicability: These provisions shall apply to all property to be subdivided for manufactured home development.
C. Process: The subdivision application for manufactured home development shall be submitted in accordance with chapter 6, "Administration", of this title.
D. Standards:
1. General Requirements: Manufactured home subdivisions shall be subject to any requirements set forth in the zoning ordinance for mobile homes, manufactured homes, or any other single-family homes.
2. Special Requirements: Manufactured home subdivisions may be subject to the following special requirements: (Ord. 898-08, 9-8-2008)
a. Developed as a planned unit development with a minimum site area for the planned development of sixty thousand (60,000) square feet, if not already in a mobile home area. (Ord. 905-09, 3-23-2009)
b. Screening from adjacent areas shall, other than subdivisions of the same type, be aesthetically acceptable fences, walls, living planting areas and existing natural or manmade barriers. (Ord. 898-08, 9-8-2008)
8-5C-4: SUBDIVISIONS LOCATED WITHIN A FLOODPLAIN:
A. Applicant To Demonstrate Safety Of Building/Alteration Plans Within Floodplain: Upon the determination that buildings are planned within the floodplain or that alterations of any kind are anticipated within the floodplain area that will alter the flow of water, the applicant shall demonstrate conclusively to the council that such will not present a hazard to life, limb or property; will not have adverse effects on the safety, use or stability of a public way or drainage channel or natural environment.
B. Standards:
1. Subdivisions in the regulatory floodplain or floodway shall follow the standards set forth in chapter 8-4H, Flood Hazard, of this title.
2. 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 damages. If only part of a proposed subdivision can be safely developed, the council shall limit development to that part and shall require that development proceed consistent with that determination. Documentation shall be submitted to the city by a registered engineer that there will be no adverse impact off site by the placement of fill, levees, structures or other features within the subdivision.
3. Lots shall be configured to allow for a seventy-foot (70') building setback from the ordinary high water mark. (Ord. 898-08, 9-8-2008; amd. Ord. 1016-20, 6-8-2020)
8-5C-5: NONRESIDENTIAL SUBDIVISIONS:
A. Purpose: The purpose of these provisions for nonresidential subdivisions is to ensure consistency in site and building design through the subdivision and construction process.
B. Standards:
1. A building envelope within which future building footprints will be located shall be shown on the lots.
2. Setbacks for all lots shall be from the property lines, not from common driveway easements.
3. Driveways, open space and other common areas may be included in an easement or on a common lot.
4. All nonresidential subdivisions shall be subject to the review of a site plan by the design review consultant(s) for compliance with the provisions of section 8-4A-5, "Outdoor Service And Equipment Areas"; chapter 4, article C, "Design Provisions For Nonresidential Structures"; section 8-4D-3, "Parking Design And Improvement Standards"; and chapter 4, article E, "Transportation And Connectivity Provisions," of this title. (Ord. 898-08, 9-8-2008; Ord. 1026-22, 9-12-2022)
8-5C-6: MINOR LAND DIVISION:
A. Purpose: To provide for a simplified land division process that will allow for up to four (4) parcels without being subject to the procedural provisions of the preliminary and final plat regulations of this title.
B. Applicability:
1. Minor land divisions may be utilized for all properties that are not utilized or intended to be utilized for single-family detached structures unless created through the use of a minor PUD.
C. Standards:
1. Sections 8-5A-4, "General Standards" and 8-5A-5, "Design Standards", of this chapter shall be utilized as standards of review.
2. No minor land division shall create more than four (4) new parcels.
3. Single-family detached homes may not be built on parcels created through the minor land division process.
4. No property involved in a minor land division shall be involved in a subsequent minor land division for a period of one year from the recording date of the previous record of survey for a minor land division.
5. No new public street may be created.
6. Existing buildings to remain shall meet all applicable requirements established in this title.
a. A setback that was legally nonconforming prior to the minor land division may remain as a legal nonconforming setback provided the legal nonconforming setback is not altered by the minor land division.
b. Any building not meeting the required setback shall be either remodeled to meet the setback, demolished or moved prior to the approval of the minor land division.
c. If parking is provided by means of a permanent shared parking agreement, a note on the face of the survey must list the total required and provided parking for all parcels to which the shared parking agreement applies.
d. When utilities cross land being divided a utility easement shall be provided and indicated on the record of survey. If an easement is located in a proposed permanent structure construction area, the easement shall be vacated prior to the planning official approval of the minor land division.
e. If the street(s) adjacent to the parcel(s) have not been improved with a sidewalk, or all adopted street improvements, they must be installed.
7. Properties created through an approved minor land division shall be considered conforming property under provisions of this title. (Ord. 944-12, 5-14-2012; amd. Ord. 975-15, 4-27-2015)