§ 72-537. Exemption or vested rights.

(a)

Exempt activities. The following activities are exempt from the provisions of this division, provided said activities are consistent with the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended, and division 14 of this article.

(1)

Conveyance of lands to another without division.

(2)

Acquisition of property for public purposes.

(3)

The division of air space into units within a building wherein said building is held in common, undivided ownership.

(4)

The following types of combinations of lots:

a.

Combinations of all or portions of previously exempted platted or unrecorded lots where no new lots contain less area or width than the original lots and where the number of new lots created does not exceed the number of lots existing prior to the combination.

b.

Combinations of previously exempted whole platted lots or previously exempted whole unrecorded lots with nonexempted whole platted lots for the purpose of creating a unified building site to meet zoning requirements provided all resulting combined lots abut for a distance of at least 35 feet at least one publicly maintained street or street that has been opened legally as of October 29, 1976, and which is capable of being traversed by an ordinary passenger vehicle. The separated portions of lots that have been severed by a publicly dedicated street may be considered whole lots for the combining purposes of this exemption.

(5)

Divisions of land for purposes of conveyances, where such divisions were lawful under regulations in effect at the time such divisions were made, and where vested rights have been acquired by the subdivider (developer) in reliance upon previous regulations where the following criteria have been met:

a.

A platted subdivision or unrecorded map or survey illustrating the division of the lands, which plat, unrecorded map or survey was in existence prior to October 29, 1976; and

1.

Substantial physical on site development prior to October 29, 1976; or

2.

Streets legally opened as of October 29, 1976, which are capable of being traversed by an ordinary passenger vehicle, and at least 25 percent of the lots have been sold by bona fide contracts to different owners in parcels of not more than four lots each.

3.

Lots or portions of lots which abut a paved thoroughfare road for a minimum distance equal to the lot width requirement of the applicable zoning classification; and

i.

Applicant demonstrates that all associated improvements including, but not limited to, principal structures, accessory structures, access to structures, and on-site sewage disposable systems can be developed without impact to wetlands or wetland buffers.

ii.

Applicant demonstrates that the above-referenced improvements can be sited in an area that is not depicted as flood-prone on the FEMA Maps, or as determined not flood-prone by a licensed professional engineer registered in the State of Florida.

iii.

If within an urban land use category:

A.

Lots shall meet the minimum dimensional requirements of the applicable zoning classification.

B.

Service connection to central sewer and central water shall be available to each lot.

iv.

If within a nonurban land use category:

A.

Lots shall meet the minimum dimensional requirements of the applicable zoning classification or qualify for a nonconforming lot letter but in no case shall contain less than one acre.

B.

Applicant demonstrates sufficient buildable area to construct a principal structure meeting the minimum floor area of the applicable zoning classification while meeting existing building setbacks.

Lots or portions of lots which abut a paved thoroughfare road may be combined with adjacent whole lots to achieve conformance with the above criteria.

4.

Portions of existing subdivisions meeting the above criteria may be exempted.

(6)

Adjustment of the lot lines of only previously exempted platted or unrecorded lots upon a showing that:

a.

The adjustment does not reduce any lot to a size less than that permitted by the zoning of the lot; and

b.

The adjustment does not reduce any lot to a size less than the average size of comparable building sites within a radius of 500 feet from the boundary line of the lot for which exemption is sought; and

c.

The adjustment does not increase the number of lots.

(7)

Any approved "division having no substantial impact", any "minor subdivision", or any "summary review of divisions of land" into ten lots or less in accordance with the previous Volusia County Subdivision Regulations, Ordinance No. 72-2, as amended, is hereby exempt from provisions of this article provided that any application for above-described divisions was received by the office of the CDE on or before January 19, 1988.

(8)

Divisions created by purchase contracts or conveyances which occurred prior to January 19, 1988, which would have met the "legal exemption and vested rights" or "divisions having no substantial impact" or the "summary review process" of Volusia County Subdivision Regulations, Ordinance No. 72-2, as amended.

(9)

Any subdivision previously exempt under section 72-537, if on or prior to December 18, 2008:

a.

An exempt subdivision determination has been approved or is under review by the LDM; or

b.

An application for a building permit has been submitted to the county; or

c.

A conveyance of a lot has been recorded with the Clerk of the Court of Volusia County.

(b)

Determination of exemption or vested rights.

(1)

Exemptions or vested rights under subsections (a)(1) through (3) and (9) may be approved by the land development manager (LDM) upon submittal of appropriate information. In addition, exemptions or vested rights under subsection (a)(4)a., for previously approved or exempted platted or unrecorded lots may be approved by the LDM, in the event there are no easements to be vacated, by filing an application with the LDM and paying the required fee. Except as otherwise provided, exemptions or vested rights under subsections (a)(4) through (a)(8) shall be administratively determined by the CDE by filing an application with the LDM and paying the required fee.

(2)

The LDM shall immediately transmit the application to the development engineering division (DED). Within 15 working days from acceptance of the application, the CDE shall determine if the exemption or vested rights shall be approved or denied, stating any reasons for denial.

(3)

The determination of the CDE shall be transmitted to the LDM, who shall notify the applicant within five working days.

(4)

The LDM shall keep a record of all applications and determinations.

(5)

Determinations of the CDE may be appealed to the DRC by the applicant. The DRC may uphold, modify or reverse the determination of the CDE.

(c)

Appeals. [Repealed.]

(Ord. No. 88-40, § V, 12-15-88; Ord. No. 90-33, §§ XXI—XXIII, 9-27-90; Ord. No. 94-2, §§ 28—30, 4-7-94; Ord. No. 95-42, § II, 11-2-95; Ord. No. 96-32, §§ XIII, XIV, 12-19-96; Ord. No. 00-02, § I, 1-20-00; Ord. No. 2008-25, § III, 12-4-08; Ord. No. 2008-26, § I, 12-16-08)