To qualify for a Limited Partition Subdivision, the restrictions of items 1a through 1d must be met. One of the threshold categories listed in "2a" through "2d" must apply.

1. Special Restrictions

   1. Division shall not require the creation of a new street to provide legal to any subdivided lot.

   2. Limited to unplatted land located outside of the Urban Service Area (USA), on an existing public or private street, with legal access.

   3. The land has not been previously subdivided through the limited partition subdivision process.
      Excepting division under the requirements of Item 2d.

   4. No lot created by the division accesses to a major or minor arterial or to a major collector roadway.
      Excepting a 1 into 2 subdivision.

   5. The division of improperly subdivided land, pursuant to Sec. 10-7.301 of the LDC.

2. Threshold Categories

   1. A subdivision of unplatt land on an existing public or private street with legal access into not more than 10 lots.

      • Maximum of 10 lots.

   2. A subdivision of existing duplex, triplex, or quadruplex structures certified to comply with applicable zoning and building codes?
      Subject to verification by the Building Official.

   3. A division of an existing parcel outside Urban Services Area into parcels with a minimum size of 50 acres each in Rural District, or a minimum size of 50 acres each in the Urban Fringe or Lake Talquin/Urban Fringe, or a minimum size of 10 acres each in Rural Community zoning districts.
      Exempt from previously subdivided parcel restrictions. These properties may be subdivided even if property has been previously subdivided as a limited partition.

The following items must be checked prior to final approval of a request for a Limited Partition Subdivision:

3. The application is made on appropriate forms and includes the following information:

   1. A Permitted Use Verification (PUV) which verifies the development qualifies as a limited partition subdivision.

   2. Natural Features Inventory (NFI-LP) Check completed.

   3. Boundary survey showing the boundaries of proposed individual lots and legal descriptions of the overall parent tract and individual lots and the following information.

      • Signature and seal of surveyor

      • Existing structures and parking areas

      • Date of preparation

      • Total acreage of the parent parcel and proposed parcels

      • Lot and block numbers

      • All easements are reflected

      • A notation on the face of the plan stating that any further subdivision of the lot or lots shall be subject to further site plan review and platting requirements of the Land Development Code

      • Scale plan, both written and graphic

      • A vicinity map which depicts the location of the proposed subdivision in relation to adjacent streets and properties

      • The 100-year flood frequency hazard or a notation if not required

      • The method by which the utilities, including water, sewer, and electric will be provided to the subdivision

      • Pro forma documents setting forth proposed conservation easements

      • A Preliminary Certificate of Concurrency, including a completed School Impact Analysis Review.

      • Applicant has paid applicable review and application fees

View the Limited Partition Subdivision Application Checklist in a portable document format (pdf) by clicking here.

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