Boundary County
Planning & Zoning
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Boundary County Planning & Zoning |
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Zoning & Subdivision Ordinance What do I need to do to ... Printable Application Forms
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SUBDIVIDING PROPERTY
With few exceptions, any division of a parcel which results in lot sizes below the minimum required in the underlying zone district or which results in the creation of four or more parcels falls under the provisions of Chapter 15 of the Boundary County Zoning and Subdivision Ordinance and requires the approval of the Planning and Zoning Commission and the Board of County Commissioners, that a final plat be prepared by a surveyor licensed in the State of Idaho and that the plat be recorded in the Clerk/Auditor/Recorder's office. The exceptions to platting requirements are divisions of land for lease for agricultural purposes; the lease or conveyance of land to a government agency, public or quasi-public agency or private utility company for utility placement rights of way; mineral, oil or gas leases; lot line adjustment; division of land in recognized cemeteries for burial; divisions of land resulting from testamentary provisions or the laws of descent; division of land for the purpose of financing, provided that parcels so created remain under single ownership; divisions of land resulting from action by a court of law; or the division of land in which all parcels created are 20 acres or larger in size. Boundary County also recognizes the right of landowners to provide gifts of property to family members; more information on this exemption is available by clicking the "Give property to family" link to the left. Pursuant to Idaho Code and the Zoning and Subdivision Ordinance, no lots or parcels in any partition of land which constitutes a subdivision may be sold prior to recording a final plat; those who fail to do so face not only the penalties outlined in the zoning and subdivision ordinance, but additional penalties established by the State. Prior to building a home or business in an established subdivision, the property owner must obtain the appropriate zoning certificate and meet all other requirements established by ordinance. Anyone wishing to subdivide property may request a pre-application review by the zoning administrator and the Planning and Zoning Commission prior to expending the funds for application fees, certified mailing and the cost of surveying. The request should be made in writing, include a sketch of sufficient scale and detail to show the scope and layout of the proposed subdivision, a copy of deed of ownership and information on planned easements, roads and rights of way. Based on the information provided, the zoning administrator will prepare a report based on provisions of the zoning and subdivision ordinance and schedule a review on the next available agenda of the P&Z commission. A pre-application review will not result in a recommendation from the commission, but will give the applicant an idea of any concerns that may exist among commission members and allow the applicant to make adjustments, if necessary, prior to submitting an application. There are three types of subdivision processes in Boundary County; the short plat, in which all lots created meet the minimum parcel size in the zone district in which the subdivision is proposed and which requires no dedication of property, roads or rights of way to the county; the long plat, in which all parcels created meet the minimum lot size requirements of the zone district but which do require the dedication of property, roads or rights of way to the county; and the designed development, which allows consideration of subdivisions which do not meet the minimum parcel size for the zone district or which contain extraordinary design considerations which would result in a substantial departure from traditional and current land uses in the area surrounding the proposed subdivision. The zoning administrator determines which process is required based on the application. Application fees are $80 for a short plat, $120 for a long plat, $150 for a designed development and $25 for the final plat review and signing. In addition, the applicant must pay the cost of certified postage for each public hearing as required in Chapter 16, Zoning and Subdivision Ordinance, and an $11 fee to have the plat recorded. Prior to submitting an application, the property owner must have a preliminary plat drawn up by a surveyor, and three copies of that plat must be included with the application. Upon receipt of the information required in the application, the preliminary plat maps and the fee, the zoning administrator will schedule a public hearing on the next available agenda of the P&Z commission and make public notification as required by Chapter 16 or the ordinance. The P&Z commission may recommend that the preliminary plat be approved; that the preliminary plat be approved with amendments; the application may be tabled pending receipt of additional information or the commission may recommend that the preliminary plat be disapproved. On a short plat procedure, the P&Z Commission can approve or disapprove the application; if approved, a final plat can be drawn up for signature by the necessary officials and the Board of County Commissioners for recording. Long plats and designed developments require a second public hearing before the Board of County Commissioners prior to final approval, and a preliminary review is required on all designed development applications. |
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