8-6-21: ONE TIME DIVISION:

   A.   Purpose: The regulations of this Section allow for the one-time division of a parcel into two (2) parcels without being subject to the subdivision regulations as set forth in Chapter 5 of this Title.

   B.   Applicability: These regulations apply to lots created prior to September 29, 1959, or parcels of land that were of record in the Ada County recorder's office prior to January 1, 1985 (referred to as the property of record), the boundaries of which have not changed except for at least one of the following:

      1.   The property of record was reduced by governmental action as specified in Section 8-3-2M;

      2.   The property of record was reduced by the conveyance of property to a public utility for the purpose of constructing a public infrastructure facility; or

      3.   The property of record received approval for a property boundary adjustment (see Section 8-6-23), and:

         a.   The property of record had sufficient acreage to accomplish the one- time division prior to completion of the property boundary adjustment; and

         b.   The property boundary adjustment did not diminish the size of the property of record so that it no longer has sufficient acreage to accomplish the one-time division.

   C.   Initiation: One-time division applications shall be submitted to the Director.

   D.   Completeness: See Section 8-6-5.

   E.   Notice: Not applicable.

   F.   Decision:

      1.   The Director shall review the one-time division and shall:

         a.   Approve the one-time division;

         b.   Deny the one-time division; or

         c.   Approve the one-time division with conditions.

      2.   Tentative Approval Requirements: Upon tentative approval of the application by the Director subject to any applicable conditions of approval and the regulations of Section 8-6-5, the following tasks shall be completed within one year:

         a.   Cause the property to be surveyed;

         b.   Before recording, submit draft copies of the record of survey and resulting parcel descriptions to the Director for review;

         c.   Execute and record the record of survey and necessary deeds with the Ada County Recorder to accomplish the one-time division as approved;

         d.   Obtain new tax parcel numbers from the Ada County assessor; and

         e.   Provide copies of the recorded record of survey, and the new tax parcel numbers to the Director.

      3.   Approval Letter Issuance: The Director shall determine that all approval conditions are met, and that the one-time division conforms with this Section before issuing a final approval letter.

   G.   Required Findings:

      1.   The Director shall find that the proposed one-time division complies with the standards in this subsection to approve the application.

      2.   The proposed division shall result in two (2) parcels that comply with the design and dimensional standards of this Title. However, if the property of record is diminished by governmental action, the Director may approve a reduced property size on one of the resulting parcels subject to other regulations of this Title.

      3.   The proposed division is not a "subdivision" as defined in this Title.

   H.   Appeals: See Section 8-6-13.

   I.   Scope Of Approval: A one-time division is not considered a "subdivision" for purposes of this Title.

(Ord. 1002, 10-28-2025)