§ 14.11.00. Minor Lot Splits, Family Density Exception and Agricultural Lot Splits.
14.11.01 Minor Lot Splits
A.
Generally. The County may approve a minor lot split of a legally created lot that conforms to the requirements of this Subsection. An applicant for a minor lot split Shall have six (6) months from the date the application is submitted to the County to finalize the lot split. No extensions Shall be permitted.
B.
Initial Submittal. The County Shall consider a proposed minor lot split upon the submittal of the following materials:
1.
An application form provided by the County.
2.
One (1) paper copy of the proposed minor lot split.
3.
A statement indicating whether water and/or sanitary sewer service is available to the property.
4.
Soils map showing the proposed minor lot split boundaries overlain.
5.
Two (2) aerial photographs no older than the most recent aerials available from the County Manager or designee showing the proposed minor lot split boundaries overlain.
6.
Current property record card for the subject property.
7.
Current warranty deed for the subject property.
8.
Federal Emergency Management Agency (FEMA) flood insurance map with property boundaries overlain.
C.
Review Procedure.
1.
The County Manager or designee Shall transmit a copy of the proposed minor lot split to any other appropriate departments of the County for review and comments.
2.
If the proposed minor lot split meets the conditions of these regulations and otherwise complies with all applicable laws and ordinances, the County Manager or designee Shall approve the minor lot split.
3.
Any other information as required by the County Manager or designee.
D.
Standards. All minor lot splits Shall conform to the following standards:
1.
Only two (2) lots may be created from the original legally created lot or lot of record. The total number of lots created Shall include the original parcel. The original parcel Shall be known as the parent parcel and those lots created out of the parent parcel Shall not be entitled to another minor lot split.
2.
Each lot Shall either (1) front on a publicly maintained paved road and conform to the required minimum lot dimensions for the land use category and zoning district where the lots are located OR (2) contain a minimum of twenty (20) acres with at least one (1) acre of uplands AND front either on a publicly maintained clay road OR an easement meeting the following requirements:
a.
Non-exclusive easement for ingress and egress, dedicated to the public for road, utility, and drainage purposes, if satisfying the criteria set forth in Section 14.00.08, Land Development Regulations, and accepted by the Board of County Commissioners. However, a private easement may be permitted if it is determined that there is no need for a future road corridor.
b.
Connect to a publicly maintained road.
c.
Have a minimum width of fifty (50) feet.
d.
Not obligate the County to maintain the easement.
e.
Have road name signs installed in accordance with applicable County regulations.
f.
Record deed restrictions which require the property owners to maintain the paved private road or easement. Such restrictions must be recorded prior to the recordation of the approved lot split.
3.
If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner may have to dedicate the required right-of-way width necessary to meet the minimum design if satisfying the criteria set forth in Section 14.00.08, Land Development Regulations.
4.
Easements created pursuant to this Section Shall comply with the Federal Emergency Management Agency (FEMA) regulations and Lake County floodplain management regulations.
5.
The creation of a lot wholly within the 100 year flood zone is prohibited.
6.
Flag lots are prohibited.
7.
A minor lot split Shall not be approved within a platted subdivision when such lot split changes the character of the subdivision, or where the lot split increases the density, beyond the general nature of the subdivision.
8.
A minor lot split which authorizes the development of five (5) or more lots or dwelling units Shall not be approved by the County Manager, or designee, unless the School Board has provided a certification in accordance with Chapter V-A of these regulations indicating that there is or will be sufficient school capacity to provide education services for the students who will live in dwelling units placed or constructed on such lots.
9.
All other Sections of the Land Development Regulations, and all requirements of the Comprehensive Plan Shall apply.
E.
Final Submittal. Prior to final approval, in addition to any other requirements the following Shall be required:
1.
Legal descriptions, acreage and square footage of the original and proposed lots together with the legal description of any existing or proposed easements Shall be shown on a boundary survey prepared by a professional land surveyor registered in the State of Florida. In the event the proposed lot split contains parcels greater than forty (40) acres in size, a sketch of description for the land area containing such parcels Shall be accepted instead of a boundary survey. However, a boundary survey Shall be required for the land area containing parcels forty (40) acres or less in size. (Example: A fifty (50) acre parcel being split into a twenty (20) acre parcel and a thirty (30) acre parcel would require a boundary survey of the fifty (50) acre parcel, but a fifty (50) acre parcel being split into a forty-five (45) acre parcel and a five (5) acre parcel would only require a boundary survey of the five (5) acre parcel.) The survey must show all structures, easements, surface water bodies, flood zones with base elevation, wetlands and amount of acreage inside and outside of the wetland jurisdiction line.
2.
A title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of final approval, showing all persons or entities with an interest of record in the property, including but not limited to, the record fee owners, easement holders, mortgage and lien holders. The report Shall include the tax identification number(s) for the property and copies of all documents such as deeds, mortgages etc. referenced in the title opinion.
F.
Recordation. Upon approval of the minor lot split, the County Shall record the minor lot split on the appropriate maps and documents, and Shall, at the applicant's expense, record the minor lot split in the public records of Lake County, Florida.
(Ord. No. 2006-107, § 6, 10-17-06)
14.11.02 Family Density Exception.
A.
Generally. The County may approve a family density exception of a legally created lot that conforms to the requirements of this Subsection. An applicant for a family density exception Shall have twelve (12) months from the date the application is submitted to the County to finalize the family density exception, unless the applicant has been granted an extension of time on the building permit. An application for family density exception will be finalized upon the applicant receiving a certificate of occupancy for the structures.
B.
Initial Submittal. The County Shall consider a proposed family density exception upon the submittal of the following materials:
1.
An application form provided by the County.
2.
One (1) paper copy of the proposed lot split.
3.
A statement indicating whether water and/or sanitary sewer service is available to the property.
4.
Soils map showing the proposed lot split boundaries overlain.
5.
Two (2) aerial photographs no older than the most recent aerials available from the County Manager or designee showing the proposed lot split boundaries overlain.
6.
Current property record card for the subject property.
7.
Current warranty deed for the subject property.
8.
Proof of ascending or descending relationship and ages of family members, i.e. birth certificate.
9.
Federal Emergency Management Agency (FEMA) flood insurance map with property boundaries overlain.
C.
Review Procedure.
1.
The County Manager or designee Shall transmit a copy of the proposed family density exception to any other appropriate departments of the County for review and comments.
2.
If the proposed family density exception meets the conditions of this subsection and otherwise complies with all applicable laws and ordinances, the County Manager or designee Shall approve the family density exception.
3.
Any other information as is required by the County Manager or designee.
D.
Standards. The creation of parcels for family members, as provided for in the Comprehensive Plan, Shall not require adherence to the minimum lot dimensions for the land use category or zoning district where the lots are located, but Shall conform to the following standards:
1.
Only as many lots may be created as are the number of descendants and descendants plus one (1) for the subdividing family member. In order to qualify as a family member under this section, a descendant must be eighteen (18) years of age or older.
2.
Each proposed lot Shall be a minimum of one (1) acre of uplands.
3.
The creation of a lot wholly within the 100 year flood zone is prohibited.
4.
Parcels created for family members Shall be allowed only in the Suburban, Transitional, Rural, Rural/Conservation, and Core/Conservation land use districts, as well as the A-1-20 and A-1-40 overlay districts in the Wekiva River Protection Area.
5.
If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner may be required to dedicate the right-of-way width necessary to meet the minimum design standards. Such dedication Shall be determined based upon the criteria set forth in subsection 14.00.08, Land Development Regulations.
6.
Each proposed lot Shall front on a paved private road, a publicly maintained road, or an easement.
7.
If an easement is utilized in subsection 14.11.02.D.5, the easement Shall be:
a.
Non-exclusive easement for ingress and egress, dedicated to the public for road, utility, and drainage purposes, if satisfying the criteria set forth in Section 14.00.08, Land Development Regulations, and accepted by the Board of County Commissioners. However, a private easement may be permitted if it is determined that there is no need for a future road corridor.
b.
Connect to a publicly maintained road.
c.
Have a minimum width of fifty (50) feet.
d.
Not obligate the County to maintain the easement.
e.
Have road name signs installed in accordance with applicable County regulations.
8.
Flag lots are prohibited.
9.
If a paved private road or easement is utilized in subsection 14.11.02.D.5, then deed restrictions, which require the property owners to maintain the paved private road or easement, Shall be recorded prior to the recordation of the lot split.
10.
Parcels created for family members must be retained by the family members for five (5) years, pursuant to County approved deed restrictions recorded in the public records. This requirement Shall not apply to institutional lenders who obtain ownership as a result of foreclosure or deed in lieu of foreclosure.
11.
Only one (1) lot Shall be created for each family member, regardless of where the lot is located or the amount of time that has passed.
12.
If a residence is to be constructed on a parcel created for a family member, such parcel must be intended to be used as a residence by the ascending or descending family member. Parcels created for family members Shall be contingent upon the issuance of a building permit and certificate of occupancy, or being classified as agricultural lands by the property appraiser, pursuant to Section 193.461, Florida Statutes, for each parcel to be created. For example, if an applicant requests that a five (5) acre, vacant lot, in the Rural land use category, be subdivided into a three (3) acre lot and a two (2) acre lot, then the applicant would have to submit a family density exception application concurrent with two (2) building permit applications or show proof of being granted the agricultural exemption. The family density exception would not be finalized until certificates of occupancy were issued for both dwelling units.
13.
Easements created pursuant to this section Shall comply with the Federal Emergency Management Agency (FEMA) regulations and Lake County floodplain management regulations.
14.
A family density exception Shall not be approved within a platted subdivision when such density exception changes the character of the subdivision, or where the density exception increases the density, beyond the general nature of the subdivision.
15.
A family density exception which authorizes the development of five (5) or more lots or dwelling units Shall not be approved by the County Manager, or designee, unless the School Board has provided a certification in accordance with Chapter V-A of these regulations indicating that there is or will be sufficient school capacity to provide education services for the students who will live in dwelling units placed or constructed on such lots.
16.
All other Sections of the Land Development Regulations, and all requirements of the Comprehensive Plan Shall apply
E.
Final Submittal.
1.
Prior to final approval, and in addition to any other requirements, legal descriptions, acreage and square footage of the original and proposed lots together with the legal description of any existing or proposed easements Shall be shown on a boundary survey prepared by a professional land surveyor registered in the State of Florida. In the event the proposed lot split contains parcels greater than forty (40) acres in size, a sketch of description for the land area containing such parcels Shall be accepted instead of a boundary survey. However, a boundary survey Shall be required for the land area containing parcels forty (40) acres or less in size. (Example: A fifty (50) acre parcel being split into a twenty (20) acre parcel and a thirty (30) acre parcel would require a boundary survey of the fifty (50) acre parcel, but a fifty (50) acre parcel being split into a forty-five (45) acre parcel and a five (5) acre parcel would only require a boundary survey of the five (5) acre parcel.) The survey must show all structures, easements, surface water bodies, flood zones with base elevation, wetlands and amount of acreage inside and outside of the wetland jurisdiction line.
2.
A title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of final approval, showing all persons or entities with an interest of record in the property, including but not limited to, the record fee owners, easement holders, mortgage and lien holders. The report Shall include the tax identification number(s) for the property and copies of all documents such as deeds, mortgages etc. referenced in the title opinion.
3.
In the case where a residence will be constructed on a Family Density Exception parcel, an affidavit from the ascending or descending relative indicating that he or she intends that the residence Shall be their primary residence Shall be required.
F.
Exceptions to the Five Year Retention Requirement. Upon meeting the requirements of D. and E. of this Section, a variance may be applied for from the requirement that the property be retained by family members for a period of five (5) years if the following can be demonstrated by the property owner:
1.
Circumstances beyond the control of the property owner have caused a need for the property owner to sell the property, including but not limited to, death, divorce, employment obtained elsewhere, military service, etc.; and
2.
Without granting such variance, substantial hardship would be placed on the property owner.
G.
Recordation. Upon approval of the family density exception, the County Shall record the family density exception, and easements if necessary, on the appropriate maps and documents and Shall, at the applicant's expense, record the family density exception, and easement if necessary, in the public records of Lake County, Florida.
(Ord. No. 2006-107, § 7, 10-17-06)
14.11.03 Agricultural Lot Splits.
A.
Generally. The County Shall approve an agricultural lot split of a legally created lot if it conforms to the requirements of this Subsection. An applicant for an agricultural lot split Shall have six (6) months from the date the application is submitted to the County to finalize the lot split, with no extensions.
B.
Initial Submittal. The County Shall consider a proposed agricultural lot split upon the submittal of the following materials:
1.
An application form provided by the County.
2.
One (1) paper copy of the proposed agricultural lot split.
3.
A statement indicating whether water and/or sanitary sewer service is available to the property.
4.
Soils map showing the boundaries of the proposed lot split overlain.
5.
Two (2) aerial photographs no older than the most recent aerials available from the County Manager or designee showing the boundaries of the proposed lot split overlain.
6.
Current property record card for the subject property.
7.
Current warranty deed for the subject property.
8.
Federal Emergency Management Agency (FEMA) flood insurance map with property boundaries overlain.
C.
Review Procedure.
1.
The County Manager or designee Shall transmit a copy of the proposed agricultural lot split to any other appropriate departments of the County for review and comments.
2.
If the proposed agricultural lot split meets the conditions of this Subsection and otherwise complies with all applicable laws and ordinances, the County Manager or designee Shall approve the agricultural lot split.
3.
Any other information as is required by the County Manager or designee.
D.
Standards. All agricultural lot splits Shall conform to the following standards:
1.
There is no limit on the number of lots that may be created.
2.
Each proposed lot Shall be a minimum of forty (40) gross acres with at least five (5) acres of uplands.
3.
The creation of a lot wholly within the 100 year flood zone is prohibited.
4.
Each proposed lot Shall have "A" Agricultural zoning.
5.
If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner may be required to dedicate the required right-of-way width necessary to meet the minimum design standards. Such dedication Shall be determined based upon the criteria set forth in Subsection 14.00.08, Land Development Regulations.
6.
Each proposed lot Shall front on a paved private road, a publicly maintained road, or an easement.
7.
If an easement is utilized in Subsection 14.11.03.D.5, the easement Shall be:
a.
Non-exclusive easement for ingress and egress, dedicated to the public for road, utility, and drainage purposes, if satisfying the criteria set forth in Section 14.00.08, Land Development Regulations, and accepted by the Board of County Commissioners. However, a private easement may be permitted if it is determined that there is no need for a future road corridor.
b.
Connect to a publicly maintained road.
c.
Have a minimum width of forty (40) feet.
d.
Not obligate the County to maintain the easement.
8.
An agricultural lot split which authorizes the development of five (5) or more lots or dwelling units Shall not be approved by the County Manager, or designee, unless the School Board has provided a certification in accordance with Chapter V-A of these regulations indicating that there is or will be sufficient school capacity to provide education services for the students who will live in dwelling units placed or constructed on such lots.
E.
Final Submittal.
1.
Prior to final approval and in addition to any other requirements, the applicant Shall provide the legal descriptions and acreage or square footage of the original and proposed lots and a sketch of description showing the intended division prepared by a professional land surveyor registered in the State of Florida. The sketch of description must show all structures, easements, surface water bodies, flood zones with base flood elevation, and wetlands with the amount of acreage inside and outside of the wetland jurisdiction line. An actual boundary survey may be required for final approval by the County Manager or designee.
2.
A title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of final approval, showing all persons or entities with an interest of record in the property, including but not limited to, the record fee owners, easement holders, mortgage and lien holders. The report Shall include the tax identification number(s) for the property and copies of all documents such as deeds, mortgages etc. referenced in the title opinion.
F.
Recordation. Upon approval of the agricultural lot split, the County Shall record the agricultural lot split, and easements if necessary, on the appropriate maps and documents and Shall, at the applicant's expense, record the agricultural lot split, and easement if necessary, in the public records of Lake County, Florida.
(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-14, § 5, 3-16-04; Ord. No. 2005-2, § 2, 1-4-05; Ord. No. 2005-94, §§ 2—4, 11-15-05; Ord. No. 2006-107, § 8, 10-17-06)