Section 1.08. Exemptions.
   (a)   The provisions of this Ordinance shall not apply to:
      (1)   Sales of land by metes and bounds in tracts of five acres or more in area and not requiring the dedication of any easements, land or roadways for use by any purchaser or member of the public, except as otherwise specifically provided in this Ordinance;
      (2)   Cemeteries complying with all State and local laws and regulations;
      (3)   Divisions of land created by order of a court of competent jurisdiction;
      (4)   Any subdivision of land for which a Concept Plan, Preliminary Plat or Final Plat has been filed with the City on or before the effective date of this Ordinance, excluding any such plan or plat for which approval has expired or hereafter expires; or
      (5)   The combination of two platted lots for the creation of a more developable site and the Planning and Zoning Commission finds that:
         (i)   The proposed use is the same as that for which the subdivision was platted by the subdivider;
         (ii)   No increase is anticipated in the estimated traffic generation or utility demands; and
         (iii)   Off-site storm water runoff is neither increased nor concentrated.
   (b)   The provisions of this Ordinance shall not apply to the division of an existing legal lot, said division being caused by the City's acquisition of a part of said legal lot, when the Council finds that the acquisition by the City is in the best interest of the public health, safety and welfare of the citizens of Trinidad and/or its extraterritorial jurisdiction. Upon the Council so finding, the resulting parcels shall be deemed to constitute legal lots for the purposes of developing under the requirements of this ordinance and other applicable City regulations. In creating said division, the Council is empowered to attach to the resulting parcels acquired by the City, and the remainder parcels not acquired by the City upon agreement with the owner, such conditions as it finds reasonable and necessary to offset any adverse effects resulting from the City's acquisition as of a part of the original legal lot, insofar as any such condition is not contrary to the spirit and intent of the ordinance.
   (c)   The provisions of this Ordinance shall not be construed, interpreted or applied to land located within the extraterritorial jurisdiction of the City in a manner to regulate:
      (1)   The use of any building or property for any lawful purpose;
      (2)   The bulk, density or number of buildings on a tract or parcel of land;
      (3)   The floor-to-area ratio of any building to be constructed on any lot; or
      (4)   The number of residential units that can be built on an acre of land.
(Ord. 2022-002, passed 4-19-2022)