(A) For the purposes of this chapter, a SUBDIVISION shall be, and shall mean: any land that is divided, resubdivided or proposed to be divided into two or more lots, plots, parcels, sites, units or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions. SUBDIVISION includes the division or development of land whether by deed, metes and bounds, description, devise and testacy, lease, map, plat or other recorded instrument.
(B) SUBDIVISION does not include:
(1) A bona fide division or partition of agricultural land for agricultural purposes, as defined at UCA §§ 59-2-502 et seq.
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, as amended and providing a minimum parcel size of 20 acres for each parcel created. Irregular sectional lots created as a partition of agricultural purposes shall be deemed to meet the 20-acre minimum requirement; provided, such lots are not less than 19-1/2 acres. Bona fide division for agricultural purposes does not include the division of any lands for the purposes of establishing a building, structure or improvement to allow a single-family dwelling unit, recreational use, cabin or other residential use or any commercial, industrial or public use, and does not qualify for the issuance of a building permit to establish such a use;
(2) A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel, nor the parcel remaining from the division or partition violates an applicable zoning ordinance;
(3) A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
(a) No new lot is created; and
(b) The adjustment does not result in a violation of applicable zoning ordinances.
(4) A recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one legal description encompassing all such parcels of property;
(5) A bona fide division or partition of land for the purpose of siting, on one or more of the resulting separate parcels, an unmanned facility appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company or intrastate pipeline company; and
(6) The joining of a subdivided parcel of property to another parcel of property that has not been subdivided so as to subject the unsubdivided parcel to this chapter.
(C) For the purposes of this chapter, DEVELOPMENT shall be, and shall mean any use or activity proposed for any land, lot, building or structure that requires the issuance of a building permit, as required by the adopted building codes of the county.
(Ord. 14-11-02, passed 11-14-2002)
Notes
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