§ 4.3.2. Density exceptions and aggregation of contiguous lots.

A.

The following definitions apply to this subsection:

(1)

Contiguous parcels are those parcels of land with at least one common property line.

(2)

Non-contiguous parcels are those parcels that do not have any common property lines, or which are separated by platted or unplatted roads, streets or alleys which have been dedicated for public use, or prescriptive easements for road right-of-way purposes.

(3)

Parcels or Tracts of Record:

(a)

Recorded or registered parcels or tracts and those parcels or tracts shown on all other unrecorded subdivisions, plats or surveys existing as of August 14, 1970; or

(b)

Lots, parcels or tracts which were created and recorded in the public records of Marion County on or before January 1, 1992; or

(c)

Parcels in subdivisions approved by the Board of County Commissioners and recorded in the public records of Marion County prior to January 1, 1992; or

(d)

Parcels located in unrecorded subdivisions or registered divisions of land into "flag lots," as that term is commonly known in Marion County, which were filed and accepted by Marion County and existed as of January 1, 1992.

(4)

For definitions of subdivision, plat, recorded subdivision, unrecorded subdivision and registered divisions of land see Article 2.

B.

An exception to the densities prescribed in the Marion County Comprehensive Plan, Future Land Use Element, shall be allowed for all non-contiguous parcels of record, under one ownership, created on or before January 1, 1992, and evidenced by a properly executed deed or contract for deed held by the purchasing party, as of August 11, 1993, for the purpose of constructing one single-family residential unit.

The deed or contract for deed shall be recorded in the public records of Marion County on or before August 11, 1993, or proven by clear and convincing evidence to have been in existence on or before August 11, 1993. Clear and convincing evidence shall require a copy of the document, properly executed, and copies of cancelled checks or other proof of payments having been made prior to August 11, 1993.

C.

Recorded and unrecorded subdivisions that are allowed density exceptions or that will be required to aggregate contiguous lots are as follows:

(1)

Parcels within that phase of a recorded or unrecorded subdivision which met the applicable conditions set forth below prior to January 1, 1992, shall be permitted to develop at the density established for that subdivision provided that all Ch. 10D-6 FAC requirements and all other requirements of the Comprehensive Plan as amended, the Land Development Code as amended, and all other applicable codes are met.

Those recorded or unrecorded subdivisions not meeting the requirements listed below will be required to aggregate parcels to meet the density requirements of the Comprehensive Plan as amended.

(a)

Subdivisions that have direct access to a county paved road and in which all parcels front on a continually maintained paved or stabilized road that meets the standards established by Marion County; and

(b)

Parcels within subdivisions in which all parcels are served by a stormwater management system that functions at the standards established by Marion County; and

(c)

Parcels within subdivisions in which the sale of individual lots to persons by the original subdivider has occurred at the following rates prior to August 11, 1993:

1.

At least 85 percent of the total number of lots are sold if the subdivision was created in 1982 or before;

2.

At least 60 percent of the total number of lots are sold if the subdivision was created from 1983 to 1987 inclusive;

3.

At least 50 percent of the total number of lots are sold by 1997 if the subdivision was created in 1988 through 1992.

(d)

Where existing parcels or tracts of record do not abut for at least 40 feet on a street; or where the setback requirements set forth herein preclude development of the parcel or tract; and where the parcel or tract could be developed in conformance with the zoning code in effect prior to the adoption of this Code the prior requirements shall prevail.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)