§ 126-3. Compliance required; exemptions.
(a)
Unlawful activity. It shall be unlawful and subject to the penalties provided in this chapter for any person to:
(1)
Create a subdivision without first complying with the provisions of this chapter and filing a plat approved by the city council unless exempt under subsection (d) of this section.
(2)
Divide property into more than five lots, as further defined in subsection (b)(2) of this section, by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area and width requirements prescribed by the zoning regulations and land use plan of the city as applied to the lots created, unless exempt under subsection (d) of this section.
(3)
Commence the construction of any improvements required under this chapter without first having obtained a development order from the city.
(4)
Fail to construct or maintain improvements in accordance with an approved development order, plat approval or requirements of this chapter.
(5)
Divide any lot or tract that is in a recorded or unrecorded subdivision located within the city limits into a lot or parcel smaller than or inconsistent with the surrounding lots in the subdivision unless approved by the planning and zoning commission as stated in this section.
(6)
Combine lots or parcels to create an aggregate lot without the approval of the DRC.
(7)
Subdivide a site that is already platted. The existing plat must first be vacated.
(b)
Lot splits and minor subdivisions.
(1)
Lot splits. A lot split is any request to divide a lot or tract in such a manner as to make it meet the following criteria:
a.
Only two or fewer lots may be created per original parcel.
b.
Each lot created must meet the minimum area of the zoning classification.
c.
Each proposed lot shall front on a publicly maintained road, or as provided by the city council.
d.
If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in this chapter, the owner shall be required to dedicate the required right-of-way width necessary to meet the minimum design standards.
e.
All proposed lots must meet or exceed the dimensional requirements of this land development code and required easements for utility, drainage, conservation, or other purposes must be delineated for transfer to the city as part of the development order.
f.
Flag lots are not allowed.
g.
All affected lots shall be on city water.
h.
Family homestead. A lot split may be used to convey a parcel to an individual who is the grandparent, parent, stepparent, sibling, child, stepchild, or grandchild of the person conveying the parcel. Such a provision shall apply only once to any parcel and it must meet all criteria required for a lot split.
(2)
Minor subdivisions. A minor subdivision is defined as meeting all of the following criteria:
a.
Original parcel is divided into not more than five lots and not less than three lots.
b.
The proposed division is not part of an overall tract previously approved as a minor subdivision.
c.
All proposed lots must meet or exceed the dimensional requirements of this land development code and required easements for utility, drainage, conservation, or other purposes must be delineated for transfer to the city as part of the development order.
d.
No new streets are proposed or required.
e.
No dedication of access right-of-way, drainage areas, conservation areas or other publicly maintained property is necessary and proposed in order to make the subdivision feasible.
f.
If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in this chapter, the owner shall be required to dedicate the required right-of-way width necessary to meet the minimum design standards.
g.
Flag lots are not allowed.
h.
All affected lots shall be on city water.
(3)
[Exemptions.] Lot splits shall be exempt from the review and approval of plans and the recording of a plat but shall be reviewed by the planning and zoning commission. The planning and zoning commission shall consider each lot split and minor subdivision request at a public hearing and make recommendations to the city council. Lot split and minor subdivision requests shall be reviewed by city council and the city council shall either approve or deny the request.
(4)
[Required information.] The request for a lot split or minor subdivision must be made on the appropriate form accompanied by the appropriate fee and must include the following information:
a.
Property owner name, address and legal description of property.
b.
Current zoning of subject parcel and whether a rezoning will be required.
c.
Size and number of proposed lots.
d.
Adjacent street name and classification.
e.
Type and square footage of existing buildings on the parcel.
f.
Information regarding adjacent right-of-way or easements.
g.
Boundary and improvement survey.
h.
Source and location of water and sewer facilities.
i.
Title certification by a title opinion of an attorney at law licensed in the state or certification by an abstractor or title company showing that record title to the land as described and shown on the plat is in the name of the person, corporation, or entity executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has record title to the land. The title opinion or certification shall also show all mortgages not satisfied or released of record or otherwise terminated by law. The requirements of F.S. § 177.041, as amended, must be met in this regard.
(5)
[Council review, action.] The city council shall review the request and approve, approve with conditions, or deny the request. The owner or owner's agent must be present at the public hearing. Prior to approval of a lot split or minor subdivision, the city council shall determine that:
a.
No substantial negative neighborhood impacts are anticipated as a result of the split or subsequent similar neighborhood splits or subdivisions.
b.
The resulting lots conform to applicable city zoning requirements and state regulations.
c.
The resulting lots are buildable under current regulations.
d.
No substantial adverse impacts on existing infrastructure are anticipated as a result of the split, subsequent similar neighborhood splits or subdivisions, and the resulting increase in density or intensity of use.
e.
The impacts of the split or potential splits or subdivisions will not degrade adopted levels of service to unacceptable levels, pursuant to the provisions of chapter 90 of this land development code, pertaining to concurrency management.
f.
The applicant certifies that he knows of no recorded deed restrictions or covenants which would prohibit the division or splitting of the lots.
g.
The parcel has not previously undergone a lot split or minor subdivision.
(6)
[Combine without approval.] Combine lots or parcels to create an aggregate lot without the approval of the city manager or his designee.
(c)
Aggregate lots .
(1)
Two or more contiguous lots or parcels may be combined to create one larger lot or parcel, if approved by the city manager or designee.
(2)
Application to create such a lot or parcel shall include a new survey.
(3)
When approving an aggregate lot request, the city manager or designee shall do so by executing a "Notice of City of Minneola's Approval of Aggregate Lots," which shall provide, among other things, that the lot or parcel, if split in the future, must comply with all applicable criteria for the zoning district in which it is located, and that such split must be approved by the city. The executed "Notice of City of Minneola's Approval of Aggregate Lots" shall be recorded in the public records of Lake County, Florida.
(4)
Any easements that exist along the property lines that are to be joined shall be vacated prior to approval.
(d)
Exemptions. The following activities shall be exempt from the provisions of this chapter, unless otherwise noted:
(1)
Boundary settlements. Any conveyance between adjoining landowners if:
a.
The purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners.
b.
The deed of conveyance or other legal instrument states such purpose and is recorded in the official records of the county.
c.
The resulting parcels conform to the applicable zoning district dimensional criteria.
(2)
Conveyance to government. Any division of land for the purpose of conveying land to any federal, state, or local government entity or agency or public utility, provided that such conveyance is accepted by the grantee by an instrument recorded in the public records of the county.
(LDC 1997, ch. 5, § 1.05; Ord. No. 2006-17, § 10, 4-25-2006; Ord. No. 2007-20, § 1, 8-7-2007; Ord. No. 2007-25, § 1, 9-4-2007; Ord. No. 2008-35, § 8, 11-7-2008; Ord. No. 2010-24, § 1, 1-4-2011)