No. Zoning designations establish the minimum parcel size and lot dimensions (Chapter 3.A, Table 3.a LUC). Lot sizes range from smaller lots (7,500 sf) in the Urban Growth Areas (UGA) to larger lots (35+ Acres) in the A-35 zone. Existing parcels smaller than the minimum parcel size are lawful and not restricted.
A property owner can request to divide off a portion of their parcel that does not meet the minimum lot size. However, the Board of Adjustments (BOA) must grant a variance from the minimum standards (lot size, lot width, frontage, etc.) before such subdivision can be approved.
Findings to approve a variance include: a) extraordinary and exceptional situation or condition (e.g. topographical constraint); b) difficulty or hardship; c) consistent with purpose of the Land Use Code. In addition, a variance to reduce lot size also requires findings that the parcel; a) conforms to all other requirements of the Code; b) meets the minimum lot dimensions for the zoning designation; c) does not interfere with wildlife habitat; and d) are not part of a prior subdivision and will be restricted from further subdivision.
For subdivisions approved/submitted prior to the 2021 Land Use Code
- Expiration. A Final Plat is required to be completed within one (1) year from Sketch Plan or Preliminary Plat approval. The plat automatically expires if not completed within one year, or an extension was granted by the Board of County Commissioners prior to expiring.
- Vacation. A Plat approved to be completed in phases is automatically vacated if the project is not completed within three (3) years from completion of the Final Plat for Phase 1, or an extension was granted by the Board of County Commissioners prior to this term expiring.
Subdivisions processed under the regulations in place prior to the 2021 Land Use Code must be completed January 5, 2022 pursuant to Resolution 2021-R-001.
EXAMPLE: A property has 20 acres and is zoned A-35. The owner wants to divide off a 2-acre portion for their family. Said owner may apply for a variance to create one new lot that does not meet the minimum lot size. With a variance for last size, all property involved in the division would be prohibited from any further subdivision.