§ 300-21. Exemptions from provisions of preliminary plat procedures.

(a)

General requirements. For the purpose of this UDO, the types of activities contained in this Section shall be considered subdivisions, but exempt from the preliminary plat requirements of Article 3 of this Chapter, except as noted. Each such subdivision shall be drawn in accordance with Final Plat standards in Section 300-24 of this UDO and shall be submitted with the appropriate fees to the Development Department for review and approval. Upon approval, the Development Director shall authorize the applicant to record the Exemption Plat with the Clerk of Superior Court of DeKalb County and grant the issuance of building permits pursuant to the Codes and Ordinances of the City.

(b)

Recombinations. The combination or recombination of all of two or more buildable lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with Title 2 of this UDO.

(c)

Minor residential subdivision. The division of a buildable lot of record into five or fewer lots is subject to the following:

(1)

Each proposed lot complies with all requirements of Title 2 of this UDO and is limited to single-family detached residential use.

(2)

Does not include the installation of any public infrastructure.

(3)

Each proposed lot abuts an existing public street or previously approved private street.

(4)

All project related slope and utility easements as well as necessary street right-of-way as determined by the Department are provided at no cost to the City.

(5)

Platted open space or common areas that are not a part of an individually owned lot are not created.

(6)

Does not create any unbuildable lots, unless permitted pursuant to Subsection 300-12(e).

(7)

Approval of County Board of Health if occupied structures will be served by on-site septic systems.

(d)

Nonresidential subdivisions. Lots for the purpose of sale within a nonresidential development, provided:

(1)

Each proposed lot complies with applicable requirements of Title 2 of this UDO.

(2)

Does not include the installation of any public infrastructure.

(3)

Each proposed lot abuts upon and has access from an existing public street or previously approved private street.

(4)

All project related slope and utility easements as well as necessary street right-of-way as determined by the Department are provided at no cost to the City.

(5)

Each lot thus created may not be resubdivided pursuant to the provisions of this Subsection. Such resubdivision shall be accomplished only through the procedures contained in Article 3 of this Chapter.

(6)

Each proposed lot shall comply with the requirements of the DeKalb County Watershed Protection Department or the Environmental Health Department, as appropriate, whose certification of approval shall be required prior to approval of the Exemption Plat by the Department.

(7)

A Record Survey certified by a Land Surveyor currently registered in the State of Georgia shall be submitted to and approved by the Department showing the lot.

(e)

Nonresidential project management. Lots may be created for recording within a nonresidential development, provided:

(1)

The nonresidential development is a single multi-phase or multi-use project under the unified control of a single developer, is zoned for such use or development, and a Concept Plan for the entire project has been approved by the Director.

(2)

The proposed subdivision is intended to transfer title for financing or building management purposes and not for the sale of the property for future development, and an affidavit to this fact signed by the owner(s) is submitted with the final plat application.

(3)

The proposed lot has been approved by the Department to be provided permanent vehicular access established by easement or acceptable covenant prior to or concurrently with recording of the Exemption Plat.

(4)

The proposed lot must encompass a principal structure which has been granted a building permit and which is under construction or has been completed.

(5)

The Exemption Plat shall be drawn to include the entirety of the overall development and shall clearly identify those lots to be recorded, those lots previously recorded and the remainder of the development which shall be labeled "not included." All easements, dedications, etc., shall be shown as appropriate or as required. Each lot shall be consistent with the zoning approved for the overall development and the applicable requirements of Title 2 of this UDO.

(Ord. No. 743 , 12-19-17)