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HomeMy Public PortalAboutORD 80_Change to City Code_12271999ORDINANCE NO. g--) AN ORDINANCE OF THE CITY OF IONA, IDAHO, REPEALING AND RE-ENACTING SECTION 10-1-4 OF THE SUBDIVISION ORDINANCE OF THE CITY OF IONA, IDAHO; MODIFYING SUCH SECTION BY ADDING A NEW EXCEPTION TO THE REQUIREMENT TO FILE A PLAT WHENEVER THE PROPERTY PROPOSED FOR CONVEYANCE IS TO BE USED FOR A PUBLIC PURPOSE; ESTABLISHING EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Section 10-1-4, of the City Code of the City of Iona, Idaho, is hereby repealed and re-enacted as follows: 10-1-4: PLATTING: (A) Platting Required: No person shall subdivide or re -subdivide any piece, parcel or tract of land, situated within the City or within one mile outside the City limits, or sell, lease or convey any subdivision or portion thereof, within said area, without first filing a plat approved by the City in conformity with the requirements of this chapter. Notwithstanding the foregoing, any plat situated within an officially designated area of City impact as provided for in Section 67-6526, Idaho Code, shall be subject to the terms and provisions of any area of the City impact agreement between the City and Bonneville County. (B) Exclusions: Platting shall not be required for: 1. A bona fide sale, division or partition of land intended strictly for use thereafter as agricultural land. The intent to construct, as evidenced by a request for a building permit, a residence, apartment commercial or industrial building or other nonagricultural building or buildings upon such tract of land, shall be deemed sufficient evidence that the land described in the application for a building permit is no longer agricultural and shall immediately subject such land to the requirements of this Chapter. 2. An allocation of land in settlement of an estate of a decedent or a court decree for the distribution of property. 3. An involuntary sale of land as result of legal condemnation as defined and allowed in the Idaho Code. 4. A widening of existing streets to conform to the comprehensive plan or by authority of the City. 5. The acquisition of street right-of-way by a public agency. 6. An exchange of land for the sole purpose of straightening property boundaries or enlarging any existing lot, and which does not create additional lots. 7. A conveyance to any public agency for the purpose of developing or constructing any public park, well site or other public facility. (C) Amended Plat, Re -subdivision or Repeat: Whenever a developer proposes to re -subdivide, repeat, or amend the plat of an approved or recorded subdivision, the developer shall file a new application for a subdivision and such application shall be processed in the manner set forth in Section 10-2-13. (D) Plat Specifications: All final plats shall comply with Idaho Code Section 50-1304, and such other regulations established by the City Engineer which are reasonably necessary to assure legibility, permanency, clarity, reproducibility, accuracy, uniformity and neatness of the plat. The map drawings shall be at a scale of one inch equals one hundred feet (1" = 100'). The plat shall also contain such information as is necessary to determine compliance with the provisions of this chapter. The City Engineer shall, upon request, make available a written copy of all such regulations. Section 2. This Ordinance shall be effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this -2 7 day of Decemberl 1999. Craig Rockwood Mayor ATTEST: Betty McKinka City Clerk (SEAL) STATE OF IDAHO County of Bonneville I, BETTY McKINLAY, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO, REPEALING AND RE- ENACTING SECTION 10-1-4 OF THE SUBDIVISION ORDINANCE OF THE CITY OF IONA, IDAHO; MODIFYING SUCH SECTION BY ADDING A NEW EXCEPTION TO THE REQUIREMENT TO FILE A PLAT WHENEVER THE PROPERTY PROPOSED FOR CONVEYANCE IS TO BE USED FOR A PUBLIC PURPOSE; ESTABLISHING EFFECTIVE DATE." Betty McKinla City Clerk G:\WPDATA\DW S\3400\ORD\PLATTING.ORD:cs