The County can approve a Family Density Exception of a legally created lot that conforms to the requirements of the Land Development Regulations (LDRs). A Family Density Exception cannot be approved within a platted subdivision when the exception changes the character of the subdivision, or where the exception increases the density, beyond the nature of the subdivision.

An applicant for a Family Density Exception has one year from the date the application is submitted to the County to finalize the Family Density Exception, unless the applicant has been granted an extension of time on the building permit. An application for Family Density Exception will be finalized upon the applicant receiving a certificate of occupancy for the structures.

A Family Lot Split Sufficiency Submittal Checklist provides information on how to apply for a Family Density Exception, reviews procedures, standards and final submittal requirements. To apply for a Family Lot Split, a Lot Split Application needs to be submitted. For more information, call (352) 343-9641.

1. Only as many lots may be created as are the number of descendants and ascendants plus one for the subdividing family member.

2. Each proposed lot shall be a minimum of one acre of uplands.

3. Parcels created for family members shall only be allowed in the Suburban, Transitional, Rural, Rural/ Conservation and Core/Conservation land use districts, as well as the A-1-20 and A-1-40 overlay districts in the Wekiva River Protection Area.

4. If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in the LDRs, the owner may be required to dedicate the right-of-way width necessary to meet the minimum design standards. Such dedication shall be determined based upon the criteria set forth in the LDRs.

5. Each proposed lot shall front on a paved private road, a publicly maintained road or an easement.

6. If an easement is utilized, the easement shall:

   • Be non-exclusive for ingress and egress
   • Be dedicated to the public for road, utility and drainage purposes, if satisfying the criteria set forth in the LDRs and accepted by the Lake County Board of County Commissioners. However, a private easement may be permitted if it is determined that there is no need for a future road corridor
   • Connect to a publicly maintained road
   • Have a minimum width of 50 feet
   • Not obligate the County to maintain the easement
   • Have road name signs installed in accordance with applicable County regulations

7. Flag lots are prohibited.

8. If a paved private road or easement is utilized, then deed restrictions, which require the property owners to maintain the paved private road or easement shall be recorded prior to the recordation of the lot split.

9. Parcels created for family members must be retained by the family members for five years, pursuant to County approved deed restrictions recorded in the public records. This requirement shall not apply to institutional lenders who obtain ownership as a result of foreclosure or deed in lieu of foreclosure.

10. Only one lot shall be created for each family member, regardless of where the lot is located or the amount of time that has passed.

11. Parcels created for family members shall be contingent upon the issuance of a Building Permit and Certificate of Occupancy, or being classified as agricultural lands by the property appraiser, pursuant to the Florida Statutes, for each parcel to be created. For example, if an applicant requests that a five-acre, vacant lot, in the Rural Land Use category, be subdivided into a three-acre lot and a two-acre lot, then the applicant would have to submit a Family Density Exception application concurrent with two Building Permit applications or show proof of being granted the agricultural exemption. The Family Density Exception would not be finalized until Certificates of Occupancy were issued for both dwelling units.

12. Easements created pursuant to this section shall comply with the Federal Emergency Management Agency regulations and Lake County floodplain management regulations.