(November 30, 1993)

Short Title . . .

This procedure shall be known as the Subdivision Determination Request (commonly referred to as a Lot Split) procedure.

Jurisdiction . . .

This procedure shall apply to all lands in unincorporated areas of Orange County only.

Intent and Purpose . . .

Subdivision Determination Requests (Lot Splits) are used to divide land into more than one (1) parcel for the purpose of transfer of ownership or obtaining building permits as outlined in Chapter 34 (Subdivision Regulations) of the Orange County Code. No Subdivision Determination Request shall be approved unless it complies with the criteria established in this document. This procedure was enacted by the Board of County Commissioners' for the following purposes:

1. To provide an expeditious process for non-problematic and minor divisions of land
2. To minimize costs for non-problematic and minor divisions of land
3. To establish minimum standards of subdivision design
4. To establish minimum standards for utilities and services
5. To provide for safe and convenient vehicular and pedestrian traffic circulation
6. To promote the health, safety and general welfare
7. To coordinate land development in accordance with the Comprehensive Policy Plan and other adopted rules and regulations
8. To help protect the natural and scenic resources of the County
9. To serve as one (1) of tha several instruments of land use control authorized by the laws of Florida.

Administration and Enforcement . . .

Pursuant to Section 34-46 (b) of the Subdivision Regulations, the County Zoning Division Manager shall determine if a division of land constitutes a subdivision subject to Chapter 34 (Subdivision Regulations) of the Orange County Code. This determination shall be rendered within four (4) weeks of submittal of a completed application. The applicant may appeal the Manager's determination to the Chairman of the Development Review Committee. The appeal must be submitted in writing within fifteen (15) calendar days of the Manager's determination. The Development Review Committee shall either affirm or reverse the Manager's determination. The applicant may appeal the Development Review Committee's decision to the Board of County Commissioners' within fifteen (15) calendar days of the DRC's decision. The Board of County Commissioners' shall uphold or reverse the Development Review Committee's decision.

1. Residential Uses (Single Family or Duplex only)

   No Subdivision Determination Request shall be approved for single family or duplex use in which the additional impacts exceed the following standards:

   1. Twenty (20) additional average daily trips ends
   2. Seven hundred (700) additional gallons of potable water per day
   3. Six hundred (600) additional gallons of wastewater per day

   The above standards are consistent with the De minimus Development standards of the Concurrency Management Regulations (Section 30-502, Orange County Code).

2. Agricultural, Multifamily, Office, Commercial and Industrial Uses

   No Subdivision Determination Request shall be approved for agricultural, multifamily, office, commercial or industrial uses in which the total number of parcels created exceed three (3) parcels. In those cases when parcels located on arterial or collector roadways are required to address access, easements and/or drainage requirements this procedure shall not be available and the parcels shall be subject to the Subdivision Review Process.

Fees . . .

Fees shall be established by the Board of County Commissioners for applications for Subdivision Determination Request approval, which may be amended from time to time. Fees are due at the time of application and are payable to the Board of County Commissioners.

Exemptions . . .

The following requests shall be exempt from the Subdivision Determination Request procedure. All other applicable regulations must be met:

1. Parcels of Record as shown in the Zoning Division Records. Note: Parcels depicted on the Property Appraiser's Maps or other unofficial maps such as, but not limited to, REDI Maps, do not constitute parcels of record unless shown on the Zoning Division records.
2. Permit requests for garage sales, fences, signs, interior alterations, additions, open concrete slabs, re-roofing, and occupational licenses with no proposed improvements.
3. Developed parcels with principal uses as defined by the Zoning Code are exempt from lot split procedures subject to the following:
   1. the submission of a fully dimensioned site plan to be reviewed and approved by the Zoning Division
   2. the parcel/lot was created by way of deed prior to July 1, 1991
   3. compliance with all other development standards (i.e., setbacks, lot size, lot width, etc.).
4. Parcels which were created as a result of County condemnation or infrastructure improvements subject to meeting all other applicable development standards (i.e., public roads and drainage ponds, etc.).
5. Reconfigured parcels where the number of parcels may be reduced provided a fully dimensioned site plan is submitted to be reviewed and approved by the Zoning Division. Said site plan shall demonstrate compliance with minimum development standards (i.e., drainage, access, utilities, etc.) compliance with the minimum development standards shall be determined by the Zoning Division Manager.
6. Parcels which have acquired land from a vacated public right-of-way or railroad right-of-way.
7. Parcels created pursuant to a court order and a cemetery parcel or interest therein.

The Subdivision Determination Request (Lot Split) Procedure Shall Apply For The Following . . .

1. To create one (1) or more vacant parcels for development or transfer of ownership.
2. To officialize an existing vacant parcel not shown in Zoning Division Records which was recorded in the Public Records of Orange County after May of 1965.
3. To redesign property lines of a vacant parcel where there is an increase in the number of parcels.

Subdivision Determination Request (Lot Split) Procedure . . .

1. Application Submittal

   Application can be obtained from the Zoning Division.   The application must include the following:

   1. Signature of property owner for the parcel(s) to be created
   2. Agent authorization if applicable
   3. Property owner's address and phone number
   4. Legal description of subject property
   5. Total land area
   6. Existing zoning
   7. The reason(s) for the request; (may be stated on a separate letter)
   8. Dimensioned site plan drawn to scale, as per application instructions, showing the proposed lot configuration and proposed ingress and egress to the proposed lots.

   Note:  Incomplete applications will be returned to applicant.

2. Application Distribution

   The application is distributed to the Engineering and Health Divisions for review and/or comment when necessary. The application may be distributed to the Planning Division, Public Utilities Department, and any other appropriate departments and/or agencies as determined by the Zoning Manager.

3. Decision
   1. Zoning Division Manager's Decision: The Zoning Division Manager reviews the application relevant to appropriate facts, issues and circumstances and renders a decision within four (4) weeks of submittal date of completed application. Then the applicant is informed, by letter, of the Zoning Division Manager's decision.

Building Permits and Addressing . . .

1. Any parcel which was approved by the Subdivision Determination Request procedure must obtain a new parcel identification number from the Property Appraiser's Office prior to the issuance of any development permits or addresses. The intent of this requirement is to avoid using the same parcel identification number for more than one parcel and to aid in the research of parcels to resolve potential zoning matters.
2. In some instances, new parcel identification numbers are not required.  The 'lot split' decision letter will state if a new parcel identification number is required.

Applicable Regulations . . .

1. Comprehensive Policy Plan (CPP) and the Future Land Use Map

   All Subdivision Determination Requests shall be consistent with the goals, objectives and policies of the CPP, including but not limited to, Future Land Use Policy 4.1.1 which requires compatibility of adjacent land uses. Further, all Subdivision Determination Requests shall be consistent with the future land use map designations and shall not exceed the maximum densities of the Future Land Use Map.

2. Zoning Requirements

   All Subdivision Determination Requests shall comply with minimum zoning requirements (i.e., lot size, lot widths, setbacks, etc.) as outlined in Chapter 38 (Zoning Regulations) of the Orange County Code, including but not limited to, special restrictions, conditions, and policies of the Board of County Commissioner's.

3. Access

   All proposed parcels must have a minimum of twenty (20) feet of fee simple access onto an opened public roadway. Access by way of an access-easement or an unopened right-of-way shall be prohibited.

4. Conservation Areas (Wetlands)

   Parcels containing Conservation Areas pursuant to Chapter 15 (Environmental Control), of the Orange County Code must have the minimum lot size required by Chapter 38 (Zoning Regulations) of the Orange County Code outside of the Conservation Area. A formal Conservation Area Determination may be required in these cases.

5. Parcels Utilizing Septic Tanks and/or Wells

   Parcels utilizing septic tanks and/or wells as means of sewage and water service shall comply with all applicable State of Florida and Orange County regulations, including but not limited to Chapter 37, Article XVII (Individual On-site Sewage Disposal Ordinance), of the Orange County Code. If there is a conflict between this policy and the individual On-site Sewage Disposal Ordinance, the Individual On-site Sewage Disposal Ordinance shall prevail.  At a minimum tbe following standards shall be met:

1. Lot Size Requirements for Septic Tank Systems with Central Water
   1. Single Family Unit:

      With swale Drainage, Lots > 1/4 acre (10,890 SO. FT):   Where central sewer service is not available, a septic tank system may be permitted subject to suitable soils.

      With closed drainage:  Where central sewer service is not available septic tank systems in all areas, subject to suitable soils.

   2. Duplex through Quadruplex

      Where central sewer service is not available septic tank systems in all areas, subject to suitable soils, and further a maximum four (4) dwelling Units per acre.

   3. Lakefront Lots

      Shall have a minimum of 1/2 Acre (21,780 SQ- FT.) landward of Normal High Water Elevation and jurisdictional wetland area.

   4. Professional Office

      Only for those uses which discharge domestic sewage waste and do not discharge industrial, hazardous or toxic sewage waste into the sewage system, an OSDS may be permitted where central sewer is not available, Ground water monitoring may be required.

   5. C-1, C-2 Commercial (Uses as defined by Orange County Code, Chapter 38, Zoning).

      Central sewer service only. Where central sewer will not be available within one (1) year, OSDS may be permitted only for those uses which discharge domestic sewage waste and do not discharge, industrial, hazardous or toxic sewage waste into the sewage system and subject to suitable soils. Ground water monitoring is required.

   6. I-1 thru I-5 as well as C-3 as defined by Orange County Code, Chapter 38, Zoning.

      No septic tank system construction permit shall be issued for any property platted, zoned, rezoned, subdivided or County approved lot split after July 5, 1989.

2. Lot Size Requirements Based on Private Potable Well and Individual On-Site Sewage Disposal Systems.
   1. Single Family and Duplex Residential Structure: 1/2 Acre (21,780 SQ. FT.)  Each unit shall have a separate tank with sufficient unobstructed open area to accomodate all components of the septic tank system.
   2. Three (3) or more Units Residential Structure: Septic Tank System - not permitted.
   3. Lakefront Lots: Shall have a minimum of I/2 Acre (21,780 SQ. FT.) landward of the normal high water elevation and jurisdictional wetland areas.
   4. Commercial or Industrial Structure: Septic Tank System - not permitted.
3. Setbacks for Septic Tank Systems
1. Septic tank systems and drainfield expansion areas shall be located at least 150 feet from the normal high water elevation (N.H.W.E.) of surface water bodies and canals connected to surface water bodies.
2. Septic tank systems shall be located no less than 75 feet from:
   1. The design high water level of normally wet open drainage systems and storm water retention areas
   2. jurisdictional wetland areas
   3. underdrains

   This requirement does not apply to swales.

3. Septic tank systems shall be located no less than 200 feet from public potable water supply well and no less than 75 feet from all other potable wells. Septic tank systems shall maintain a minimum of five (5) feet setback from all property lines, unless more stringent requirements must be met as required by Chapter 37, Article XVII of the Orange County Code.
4. No plan will be approved which proposes to utilize a septic tank system if elevated systems would be required, unless all lots would be minimum one-half (1/2) acre in size, would have a minimum 110 feet of street frontage and would not require elevating the septic tank system and drainfields more than three (3) feet above existing grade. For lots at the end of cul-de-sac streets the 110 foot requirement shall be met at the building setback line of the applicable Zoning District.