Subdivision Exemptions/ Land Division

Any division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions on the most recent transfer of ownership for the purpose, whether immediate or future, of sale or future development, shall conform to the Spencer County Subdivision Ordinance, except for the following division, which shall be considered exempt from said ordinance:

Exempt Division 1

A division of land into lots or parcels of one (1) acre or more if served by individual well or septic tank, or one-half (1/2) acre if served by a municipal or regional sewer system, with a minimum of one hundred feet (100í) of road frontage, served by a county or other participating jurisdiction maintained, dedicated right-of-way and not involving a new street. A minimum of one-third (1/3)of said 100' of road frontage shall abutt the parcel being split from the mother tract, with a minimum of said abutting road frontage, in any instance, consisting of at least thirty-three (33) feet.

Exempt Division 2

Lots or parcels of land that do not have a minimum of one hundred feet (100) of road frontage served by a county or other participating jurisdiction which are in existence and of record on the date of the enactment of this ordinance and which are not subdivided after the date of the enactment of this ordinance.

Exempt Division 3 Removed

A division of land into two (2) or more parcels with all such divided parcels being five (5) acres or more with all access roads or rights-of-way to all such parcels being clearly defined.

Exempt Division 4

A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory building are created by the division.

Exempt Division 5

A division of land pursuant to an allocation of land in the settlement of a decedentís estate or a court decree for the distribution of property.

Exempt Division 6

A division of land for federal, state or local government to acquire street right-of-way.

Exempt Division 7

A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division.

Exempt Division 8

A division of land into cemetery plots for the purpose of burial of corpses.