§ 6.01.07. Exceptions.

The following exceptions to compliance with the platting requirements of this ordinance shall be strictly construed, and should any requirement for the granting of the exception be held illegal or invalid, then the exception shall be null and void in its entirety and compliance will be required with the remaining provisions of this ordinance:

1.

Roads: Reference section 6.03.00 of this ordinance.

2.

Inheritance: Any divisions of land directly from inheritance either by testate or intestate, shall be exempted from the provisions of this ordinance, provided that such division is not accomplished through recorded plats.

3.

Deed of gift: Provided the property is controlled or owned by the grantor prior to the adoption of this ordinance, any deed of gift for any one parcel of land within 12-month period given without valuable consideration to any member of the donor's immediate family supported by an affidavit of compliance with this section shall be exempted from the Platting provisions of this ordinance. However, any subsequent division shall not be exempted, except in compliance herewith. The size of the parcel of land shall meet the minimum required for the zoning district of that parcel, except in agricultural districts the minimum size shall be one acre.

4.

The deed or other instrument of conveyance shall contain the following words: "This deed is in accordance with the provisions of section 6.01.07 deed of gift of Okaloosa County Ordinance No. 91-1 and the grantee agrees that the parcel of land described herein shall not be deeded or conveyed by other instrument to another party or parties for a period of two years from the date of the original conveyance."

5.

Minor divisions of lands: Larger parcels shall not be required to subdivide if each parcel being created is at least one acre in area and no new public street or alley is being proposed. Each parcel shall also have a minimum of 50 feet frontage on publicly maintained road. Parcels created which front on roads identified as protected roadways shall have a minimum frontage of 210 feet. Lot size and dimensions shall meet the requirements for the zoning district in which the land is located. Where the size and dimensions do not meet the requirements, the owner shall obtain rezoning before dividing and conveying the title to any parcel.

6.

A request for a minor division of land shall be submitted by application to the growth management department with an application fee as provided for in chapter 12 of this ordinance. In addition, the proposed minor division of land must meet all concurrency requirements as set forth in this ordinance. No more than ten lots may be created per parent parcel.

7.

Minor lot splits: Any property, regardless of size, may be further subdivided or split subject to the minimum requirements specified herein. All minor lot splits shall be verified and approved by the department of growth management based on forms and information required by county staff. A minor lot split shall not be allowed in any platted recorded subdivision which was recorded after March 11, 1974 provided, however, that such a lot split may be allowed as a special exception to be granted by the board of adjustment. Minimum requirements are as follows:

a.

The property being created (split off) must meet all dimensional requirements of the zoning within which it is located.

b.

All property created must front upon an existing public or private road, and shall not necessitate a need for any new road or drainage improvements. In no case shall the minimum road frontage for any lot be less than 20 feet.

c.

There shall be no more than three lots created, including the "parent parcel" on any subdivided property.

d.

All newly created lots must be recorded by deed or other legal instrument in the official records of Okaloosa County.

(Ord. No. 11-01, § 2, 1-18-11)