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(D) Division by order of court. Any division of land by <br />order of a court of competent jurisdiction. <br />(E) Corrective instrument. Any conveyance for the purpose <br />of correcting an error made in the language used in an <br />original conveyance. <br />(F) Forty acre tracts. Any division of land where all <br />parcels resulting from the division contain forty (40) <br />acres of land or more and no public easements or streets <br />are created. When the tract prior to dividing is a size <br />which is not an even multiple of forty (40) acres, a <br />fractional breakdown resulting in lots of equal size <br />which are larger than thirty eight (38) acres also <br />qualifies for the exemption. <br />Notwithstanding this exemption for the creation of <br />parcels forty (40) acres or greater in size, any <br />proposal or aggregate proposals to create fifty (50) or <br />more parcels forty (40) acres or greater in size shall <br />be deemed to constitute a subdivision and shall require <br />approval as a subdivision. All provisions of this <br />chapter shall apply. <br />(G) Platting of a portion of a tract. Platting of a portion <br />of a parcel or tract under the terms and procedures of <br />this chapter, shall not constitute a splitting of that <br />parcel or tract. <br />(3) Determination of Legal Parcel Creation. A parcel shall be <br />determined to be legally created in compliance with the <br />regulations of this chapter if the parcel meets one or more <br />of the following: <br />(A) the parcel was created under an applicable exemption set <br />forth in section 913.06(2) of this chapter; or <br />(B) the parcel is part of an approved subdivision plat <br />recorded in the official plat book sections of the <br />public records of Indian River County; or <br />(C) the parcel was created as part of an approved affidavit <br />of exemption as provided for in the affidavit of <br />exemption section of this chapter; or <br />(D) the parcel was created in such a manner that does not <br />constitute an unlawful activity as specified in the <br />unlawful activity section of this chapter; <br />No building permit shall be issued for construction of any <br />improvements on a parcel that the community development <br />director or his designee determines was not legally created <br />in compliance with these regulations. <br />276 <br />