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BOOK 109 FAGUE 1,90 9. Private Access Road Frontage A. Amend section 913.060)(A),(B),and(c), to read as follows: (1) Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any person to: (A) Create a subdivision without first complying with the provisions of this chapter and filing a plat approved by the board of county commissioners unless exempt under section 913.06(2). The dividing of land into two (2) or more parcels without filing a plat under the provisions of this chapter, where the land divided was the result of a previous division of land into two (2) or more parcels which occurred after July 23, 1983, is prohibited. (B) Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area and width requirements prescribed by the zoning regulations and land use plan of Indian River County as applied to the lots created, unless exempt under sections 913.06(2) or 913.09(6). (C) Divide property after December 8, 1973 by any means where a resulting lot does not have frontage on: a dedicated public right-of-way, private platted right-of-way (street), or a roadway historically and currently maintained by the county, as referenced on the county road grading map, of at least: Sixty (60) continuous feet, unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(C), for properties located within the A-1, A-2, A-3, Con- t, Con -3, RFD and RS -1 zoning districts; 2. The minimum lot width of the zoning district applicable to the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph 1., unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c). Access, ingresstegress, or other easements shall not be deemed to constitute a publicly dedicated road right-of-way unless previously dedicated to and accepted by the county. Private access easements shall be considered "private platted rights-of-way (street)" for purposes of this section, if- a. f a. The physical roadway located within the easement (s) existed prior to the county's road frontage requirement (December 8, 1973); -and. Thg alignment of the physical roadway may be shifted from its 1973 location if the roadway remains in the same general location and retains its 1.973 beginning and ending points: and b. The physical roadway has a Rassable width for two-way traffic meeting county local road standards (twenty (20) feet for single- family development); and C. A notarized letter_a�table to the County Attorneys office in regard to form and legal sufficiency. from the person or entity responsible for road maintenance is filed with the county and recorded in the public records, indicating the person or entity responsible for maintenance and the method of maintenance performed; and d. The person(s) proposing the lot split files for and obtains administrative approval from staff, verifying that requirements are satisfied regarding private road right-of-way frontage. Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to the sixty (60) contiguous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located. MAY 49 1999 1