(a)

The minimum requirements and procedures for subdividing land are set forth in F.S. ch. 177, which shall govern the subdividing of land in DeSoto County, except as otherwise provided herein.

(b)

Owners or developers may subdivide a tract, parcel or lot which is not part of a previously subdivided lot of record as defined in Section 20-1650, provided that they must establish that their application is in compliance with and will not create a violation of the LDRs, the Comprehensive Plan, and/or the DeSoto County Code of Ordinances. In addition, such owners or developers must establish that they have sufficient legal right or interest in the tract, parcel or lot which authorizes them to proceed with the subdivision.

(c)

The term "minor subdivision" means the division of a tract, parcel or lot into no more than six lots, including the parent lot or parcel, that do not qualify for an Administrative Lot Split as set forth in Division 2 of this Article, where:

(1)

Each lot meets the minimum lot size and dimensional standards for its zoning district and the Comprehensive Plan, and abuts an existing public road or an existing, functional private road that connects to a publicly maintained right-of-way;

(2)

No lot interferes with or obstructs a County, State or Federal right-of-way;

(3)

No new public roads are created;

(4)

It is clearly indicated on any plat, survey, easement and/or deed conveying property within the minor subdivision that roads within the minor subdivision are private and are not the County's responsibility to maintain;

(5)

No lengths, widths or alignments of existing roads are changed;

(6)

An application for a drainage or surface water permit, if required, has been submitted to the Southwest Florida Water Management District or the Florida Department of Environmental Protection.

(d)

The term "major subdivision" means every division of a tract, parcel or lot that does not qualify as a minor subdivision, or within Division 2 of this Article.

(LDR, § 4000; Ord. No. 2012-01, § 4000, 5-22-2012; Ord. No. 2014-05, att. A, § 34, 10-28-2014; Ord. No. 2018-7, § 2, 3-27-2018; Ord. No. 2025-007, § 2, 5-27-2025)

(a)

Desoto County authorizes the divisions of land without the need for a plat under limited circumstances, to be approved administratively by the Development Director as more particularly set forth in this section.

(b)

Only lands that meet the minimum requirements of this section, and are located within the following zoning districts of the LDR are eligible for an administrative lot split: A-10 (Agricultural - 10), A-5 (Agricultural - 5), and RSF-1, 2,3,4 and 5 (Residential Single Family), RM (Residential Mixed), RMF (Residential Multifamily), or RMF-M (Residential Multifamily Mixed) zoning districts.

(c)

Certified Lots. The Development Director may administratively approve the division of unplatted land from the parent parcel, or Lot of Record to create a Certified Lot by means of a Certified Boundary Survey, accompanied by an attorney opinion of title or title company certificate, and a metes and bounds legal description rather than a plat under the following conditions. These lots are certified as buildable lots with legal access, that meet the minimum dimensional requirements of the zoning district and conditions of approval. If all requirements are met, the maximum number of lots permitted to be created are two Certified Lots created from the parent parcel or Lot of Record since May 27, 2025. Creation of the third lot will require either a minor or major subdivision approval.

(1)

Certified Lots shall mean any division of land that splits unplatted land from the parent parcel, or Lot of Record to create parcels of land that meet the minimum dimensional requirements of the zoning district as of May 27, 2025, and are consistent with the LDR and Comprehensive Plan.

(2)

Each Certified Lot shall be buildable per the current zoning of the proposed parcel(s) and have existing access to a public or private street constructed in conformance with the Desoto County or State of Florida Engineering Standards or is listed in the official inventory of County maintained streets. The County Engineer may require shared driveways for these lots.

(3)

It does not involve the establishment of a new street. Creation of a new public or private street shall require a Major Subdivision as set forth in Division 3 of this Article.

(4)

The land proposed to be split cannot be within an existing recorded or unrecorded platted subdivision, nor can the lot have been previously subdivided pursuant to the procedures set forth herein.

(5)

Those properties that are located within the Conservation Overlay Future Land Use Category of the Comprehensive Plan, shall meet the standards of said overlay, and all State permitting requirements.

(6)

In requesting the administrative approval, the applicant shall provide the following items:

a.

Copy of the deed to the property. If the applicant does not own the property, they must obtain written consent from the owner, including a notarized signature, authorizing them to make the application.

b.

Copy of the official property appraiser's map indicating the subject property and all other properties within 200 feet.

c.

Certified Boundary Survey accompanied by an attorney opinion of title or title company certificate, and legal description created within one-year of application. The Certified Boundary Survey shall include permanent reference monuments (P.R.M.s) for the proposed lot corners and a legal description of the proposed lots, created within one-year of the administrative lot split application. Moreover, the P.R.M.s must meet the minimum requirements of Chapter 177, Florida Statutes.

d.

Applicable fee as established by resolution of the Board of County Commissioners.

(7)

Once approved by the Development Director, the approval letter, accompanied by the signed/sealed boundary survey, shall be recorded in the clerk of the court's Official Records Book for DeSoto County by the applicant within five business days and a certified copy of the recorded document provided to the Development Department.

(Ord. No. 2025-007, § 2, 5-27-2025; Ord. No. 2025-010, § 2, 8-12-2025)

(a)

Agricultural Lots. The Development Director recognizes the desire of large land owners to create Agricultural Lots through the division of land for estate planning or agricultural purposes via deed without the need for legal access or a building permit.

(b)

For purposes of this section, Agricultural Lot(s) shall mean any division of land that splits unplatted land from the parent parcel or lot of record for the purposes of conveying by deed or for agricultural activities, which do not require a building permit and do not involve the establishment of a new street.

(c)

Agricultural Lots must meet the following conditions:

(1)

All newly created parcels shall be a minimum of 40-acres and zoned either A-10 (Agricultural - 10) or A-5 (Agricultural - 5).

(2)

These lots are not eligible for a building permit unless they are compliant with the Comprehensive Plan and LDR, including access requirements, and are deemed a Buildable Lot.

(d)

Agricultural Lots that meet the criteria of this section are exempt from Article III related to subdivisions, and no approval by the County is required. Notwithstanding the foregoing, the division of land pursuant to this exemption shall still be recorded in the DeSoto County Official Records Books.

(Ord. No. 2025-007, § 2, 5-27-2025)

Prior to the submission of an application to subdivide land, the owner or developer are encouraged to request a preapplication conference with the Development Director, or designee, in order to become familiar with the relevant requirements of the land development regulations, the applicable portions of this Code, and any provisions of the Comprehensive Plan affecting the land in which the proposed subdivision is located. Master plans for an entire project may be presented for layout approval in advance of the submittal of any subdivision plat of the project.

(LDR, § 4110; Ord. No. 2012-01, § 4110, 5-22-2012)

An improvement plan in accordance with the provisions of Article XIII, Division 6, of this chapter shall be submitted to the Development Department for review by the Development Review Committee for major subdivisions.

(LDR, § 4130; Ord. No. 2012-01, § 4130, 5-22-2012; Ord. No. 2018-7, § 2, 3-27-2018)

(a)

Content and purpose. The subdivision plat is for the purpose of providing a record of the subdivision and all data necessary for parcels identification.

(b)

Preparation of subdivision plat. All major subdivision plats and those minor subdivision plats offered for recording shall be prepared in compliance with the requirements for recording of plats found at F.S. Section 177.091, and in all other respects in conformance with the requirements of F.S. Chapters 177 and 472, and administrative rules adopted pursuant thereto.

(c)

Submittal.

(1)

For major subdivisions, after approval of the improvement plan, three prints of the subdivision plat along with CADD (computer-aided design and drafting) drawings shall be presented to the Development Director for consideration. For major subdivisions, the prints of the subdivision plat must be accompanied by the original tracing or tracings, and all required exhibits including improvement agreements, estimate of cost for subdivision improvements, an attorney opinion of title or title company certificate and recording fees. If the owner or developer of a major subdivision elects to construct all required subdivision improvements prior to submittal of the subdivision plat, the improvement agreement will not be required; but the certificate of satisfactory completion (complete with as-built plans), estimate of cost for subdivision improvements, and maintenance agreement are required. Submittals for major and minor subdivisions shall be accompanied by a check payable to the Board of County Commissioners in the amount determined by the Board. A fee shall also be required for resubmittals. All exhibits accompanying the subdivision plat must conform to standard forms as applicable. The recording fees must be in the form of a check or checks payable to the Clerk of the Circuit Court.

(2)

For major subdivisions, upon favorable recommendation by the Development Review Committee, the Development Director will notify the project surveyor and the subdivision plat shall be submitted to the Planning Commission and Board of County Commissioners for their approval. Upon approval by the Board of County Commissioners, or approval with conditions, the original tracing of the subdivision plat will be returned to the owner or developer who will be responsible for completing the recording process and delivering the following to the Development Director:

a.

The original final plat tracing or tracing.

b.

Two Mylar copies of the original subdivision plat.

c.

Two blue line prints of the approved subdivision plat.

d.

A copy of the recorded subdivision plat.

(3)

For minor subdivisions with a plat offered for recording, the Development Director shall review the submittal for compliance with the criteria set forth in Section 20-230(c), and shall approve, approve with conditions, disapprove or request additional information concerning an application for a minor subdivision within 30 days of submittal. Upon favorable recommendation by the Development Director, the subdivision plat shall be submitted to the Board of County Commissioners for approval or approval with conditions. Upon approval by the Board of County Commissioners, the minor subdivision plat shall be recorded, and if approved with conditions, shall be revised to address the conditions and then recorded. It is the responsibility of the owner or developer to complete the recording process and to provide the Development Director with the original final plat tracing or tracing, two mylar copies of the original subdivision plat, two blue line prints of the approved subdivision plat, and a copy of the recorded subdivision plat.

(4)

The Board may condition its approval of a plat on the developer's recording of the plat within five business days, or other specific time period as appropriate. In any event, no building permit shall be issued for development within a platted subdivision until the subdivision plat is recorded and a copy of the recorded plat is provided to the Development Director.

(5)

If an easement provides for ingress/egress, a building permit shall not be issued for construction of a dwelling unit until completion of the easement has been inspected by the County Engineer and a certificate of completion has been issued.

(LDR, § 4140; Ord. No. 2012-01, § 4140, 5-22-2012; Ord. No. 2018-7, § 2, 3-27-2018; Ord. No. 2022-14, § 2, 7-26-2022)