§ 65.411. Subdivisions exempt from platting requirement.

The planning official may exempt the following subdivisions of land from the requirement to plat provided by section 65.401:

(a)

Lot split. A lot split that will result in the creation of no more than two additional development lots, so that the lot to be split becomes no more than three lots, may be approved by the planning official if the following conditions are met:

1.

That the lot to be split is a previously platted lot of record or a lot created by a previous lot split under this section.

2.

That nonconformities are not created by the lot split, except that a nonconforming lot is allowed if the nonconforming lot is bound to an adjoining lot so that together the bound lots provide a functional equivalent of a dimensionally conforming lot. For purposes of this subpart, a nonconforming lot must be "bound" to an adjoining lot by a binding lot agreement, a declaration of restrictive covenant, or other functionally equivalent instrument, each of which must be recorded in the official records of Orange County and is subject to prior review and approval by the city attorney, or must be "bound" by virtue of development infrastructure or buildings being located in relation to the lot boundaries so that the proposed development site provides the functional equivalent of a dimensionally conforming lot.

3.

That each of the lots created by the lot split meet the standards provided at "Replatting Requirements," section 65.272.

4.

That the lot split will not impair the functionality of any necessary and existing easements or infrastructure unless the applicant is first able to provide any new easements and infrastructure necessary for the newly created lots to function in accordance with the GMP, LDC, and applicable land development orders. Instruments creating easements necessitated by this part are subject to prior review and approval by the city attorney and upon review must be accompanied by a current title opinion, the consent of any mortgagees, and such other information or evidence reasonably required by the city attorney to conclusively establish the intended functionality of the proposed easement. Such instruments must be recorded in the official records of Orange County before approval of the lot split.

5.

If the lot to be split is greater than five acres in area, then the planning official may approve the lot split only if the following additional conditions are met:

A.

That the property is subject to an approved master plan or other City-approved site plan that conclusively establishes locations of driveways, stormwater tracts, utilities, building envelopes, and other site improvements; and

B.

That the development proposed for the newly created lots has, or will have, access to all necessary infrastructure; and

C.

That all right-of-way and easements needed to serve the newly created lots have been previously provided or will be provided before the lot split is effective; and

D.

That the planning official finds that the lot split is consistent with all provisions of the GMP, LDC, and applicable land development orders.

6.

For Duplex and Tandem Dwelling Lot Splits, joint maintenance easements and agreements already exist on the lot to be split or are provided by separate instrument.

(b)

Condemnation or other actions. Lots, parcels, tracts, or other subdivisions of land created as a result of condemnation, government abandonment, or judicial proceedings.

(c)

Aggregation of land. Lots, parcels, tracts, or other subdivisions of land created through the aggregation of pieces and parts of existing platted lots provided the following conditions are met:

1.

That nonconformities are not created by the aggregation; and

2.

That the aggregation is bound together by a binding lot agreement, a declaration of restrictive covenant, or other functionally equivalent instrument, each of which must be recorded in the official records of Orange County and is subject to prior review and approval by the city attorney; and

3.

That the aggregation meets the standards provided at "Replatting Requirements," section 65.272.

(Ord. of 10-29-2001, § 2, Doc. #011029703; Ord. No. 2010-31, § 3, 8-30-2010, Doc. #1008301109; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202; Ord. No. 2015-11, § 1, 4-6-2015, Doc. #1504061202; Ord. No. 2017-17, § 13, 4-10-2017, Doc. #1704101203)

Editor's note

Ord. No. 2015-11, § 1, adopted Apr. 6, 2015, Doc. #1504061202, changed the title of § 65.411 from "Subdivisions Eligible for Waiver of the Platting Process" to read as set out.