Duluth UDC § 501.02

A minor subdivision shall be defined as any of the following: a. Recombination. The combination or recombination of all of two or more buildable lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with this Development Code. An exemption plat shall not be required for aggregations of properties for land assembly purposes where no building permit will be requested prior to issuance of a development permit. b. Lot Splits. 1. Five-Lot Split. The division of a buildable lot of record into five or fewer lots, provided: i. Each proposed lot complies with all requirements of this Development Code and is limited to single family detached residential use; ii. Each proposed lot abuts an existing public street; iii. All related slope and utility easements as well as necessary street rights-of-way as determined by the Duluth Planning and Development Department based on the Comprehensive Plan are provided at no cost to the City; iv. Each lot thus created may not be resubdivided pursuant to the provisions of this sub- paragraph. Such resubdivision shall be accomplished only through the procedures contained in the Subdivision Review Procedures section of the Procedures and Permits Article of this Development Code; v. Each proposed lot shall comply with the requirements of the Gwinnett County Public Utilities Department and the Gwinnett County Environmental Health Department, as appropriate, whose certification of approval shall be required prior to approval of the exemption plat by the Duluth Planning and Development Department; and vi. The Director is authorized to grant a modification from the five-lot maximum exemption; provided, however, modifications shall not be granted to exceed a total of seven exempt lots. The Planning and Development Director may impose conditions of approval upon any modification thus granted as may be necessary to ensure the general public welfare. 2. Large Lot Splits. 145 | P a g e Article Five. Subdivisions and Planned Developments i. The division of land in any single family detached residential zoning district into lots having a minimum lot area of at least 5 acres, provided: 1. Each proposed lot fronts on an existing public street which contains or shall contain the necessary right-of-way width required by this Development Code as determined by the Comprehensive Plan; 2. Each proposed lot shall provide at least 100 feet of frontage upon the street, shall provide at least 200 feet of lot width measured in accordance with the requirements of this Development Code, and shall meet or exceed all other minimum requirements of the applicable single-family detached residential zoning district; 3. All related slope and utility easements as well as necessary street right-of way shall be provided at no cost to the City as determined by the Planning and Development Department based upon the Comprehensive Plan; 4. No lot thus created may be re-subdivided to less than 5 acres as an exemption to this Development Code; and 5. Each proposed lot shall comply with the requirements of the Gwinnett County Public Utilities Department and the Gwinnett County Environmental Health Department, as appropriate, whose certification of approval shall be required prior to approval of the exemption plat by the Duluth Planning and Development Department. ii. The division of land in any single-family detached residential zoning district into lots having a minimum lot area of at least 10 acres, provided: 1. Each proposed lot abuts upon an existing public street; 2. Each proposed lot shall provide at least 100 feet on frontage upon the street, shall provide at least 200 feet of lot width measured in accordance with the requirements of this Development Code, and shall meet or exceed all other requirements of the applicable single family detached residential zoning district; 3. No lot thus created may be re-subdivided to less than 5 acres as an exemption to this Development Code; and 4. A record survey certified by a land surveyor currently registered in the State of Georgia shall be submitted to and approved by the Planning and Development Director showing all lots. 3. Nonresidential Project Management. The creation of a lot for recording within an overall nonresidential development, provided: i. The overall nonresidential development is being undertaken as a single multi-phase or multi-use project under the unified control of a single developer, is zoned for such use or development, and an overall sketch plan for the entire project has been approved by the Planning and Development Director; ii. The proposed subdivision is clearly intended to transfer title for financing or building management purposes and not for the sale of the property for future development to the satisfaction of the Planning and Development Director; iii. The proposed lot has been approved by the Duluth Planning and Development Department to be provided permanent vehicular access by private drive. Said access shall be established by easement or acceptable covenant prior to or concurrently with recording of the exemption plat; iv. The proposed lot must encompass a principal structure which has been granted a building permit and which is under construction or has been completed; and 146 | P a g e Article Five. Subdivisions and Planned Developments v. The exemption plat shall be drawn to include the entirety of the overall development and shall clearly identify those lots to be recorded, those lots previously recorded and the remainder of the development which shall be labeled "not included." All easements, dedications, etc., shall be shown as appropriate or as required. Each lot shall be consistent with the zoning approved for the overall development and the applicable requirements of the Zoning Resolution. 4. Amnesty Lots. The designation of a lot as a buildable lot of record if the lot was recorded between 1970 and the effective date of these Regulations but not reviewed and approved under the provision of the Subdivision Regulations in effect at that time, provided: i. The exemption plat is limited to one individual lot and no property which adjoins the lot is or has been owned by the applicant in whole or in part; ii. The lot meets all requirements of the Use of Land and Structures Article of this Development Code, and the applicant demonstrates to the satisfaction of the Planning and Development Director that approval of the lot will not create non-conformity to the requirements of the Use of Land and Structures Article on any portion of the original property from which the lot was subdivided; iii. The lot abuts upon an existing public street; iv. All project-related slope and utility easements as well as necessary street right-of-way as determined by the Planning and Development Director based on the Comprehensive Plan is provided at no costs to the City; v. The lot shall comply with the requirements of the Gwinnett County Department of Public Utilities and Gwinnett County Environmental Health Department, as appropriate, whose certification of approval shall be required prior to approval of the exemption plat by the Planning and Development Director; and vi. A record survey certified by a land surveyor currently registered in the State of Georgia shall be submitted to and approved by the Planning and Development Director showing the lot.