Subdivision: Special

What is a special subdivision? 

A special subdivision is a proposed subdivision of land where there is insufficient acreage to meet the current zoning density regulations and the lots were recorded prior to September 19, 2007. The requirements to apply for a special subdivision are highlighted below: 

  1. No more than five (5) lots or parcel may be created.
  2. Minimum lot size of at least one-half (1/2) acre (21,780 square feet) in size. 

Special Subdivisions do not apply to Estate Residential (R-40), Surface Water District (SW), and Waterfront Residential (WR) zoning districts. 

The Subdivision Administrator or a registered land surveyor must review and certify a plat as exempt before the Register of Deeds can record it. Zoning and Water Supply Watershed regulations apply to exempt subdivisions.

The following items must be submitted for consideration of approving a special subdivision: 

  1. Subdivision Application 
  2. Certificate of Understanding 
  3. NCDOT Driveway Permit (If applicable) 
  4. Final Plat (which meets the requirements of the Land Development Code) 

How do I know I need the special subdivision option? 

If your lots were recorded prior to September 19, 2007 and you do not meet the required zoning district density. If your lots are recorded after September 19, 2007, you are not eligible for the special subdivision option. 

My lots were recorded before 2007, but I have the required acreage to meet density requirements. Do I need to apply for a special subdivision? 

No. The special subdivision option only applies if you have insufficient acreage to meet the current zoning density regulations. 

Can I use the special subdivision procedure a second time? 

No. A special subdivision procedure is only valid once. No more than five (5) lots within a five (5) year period shall be allowed within the boundaries of the tract that was the subject of the original special subdivision application. The special subdivision procedure may not be used in conjunction with an application for a minor subdivision or major subdivision.  

Approval Process

The Subdivision Administrator can approve the special subdivision plat provided all the requirements of the Land Development Code have been met. 

The signed plat must then be recorded at the Register of Deeds Office.