CHAPTER 6: CERTIFICATES OF EXEMPTION
|Family Residential Units|
Deleted by Ordinance October 2, 2006 Section
1: Gifts of Property: (AS AMENDED DECEMBER, 2001) Applications for certificates of exemption from specific provisions of this ordinance shall be made available to land owners dividing unplatted land for the purpose of gift to the land owner's spouse, parent, grandparent, child, step child, sibling or grandchild for residential development. Provisions exempted are minimum lot size requirements in all zone districts except industrial, subject to the following provisions:
A. Should the gift of property to family members result in the creation of four (4) or more parcels, the original owner shall cause to be drawn and recorded a final plat in accordance with the provisions of Chapter 15, Section 6, this ordinance.
B. Upon division of property or subsequent to recording a final plat for the purpose of gift deed to family members, and prior to the sale of or construction or placement of a residential dwelling on any parcel so created, the original property owner shall request a certificate of exemption on forms provided by the zoning administrator. Such form(s) shall include the original owner's name, the location and parcel number of each parcel created by the division of property, the names and relationships of each person receiving property and a site map showing the original parcel boundaries and the new lot lines created as a result of the gift(s), and an application fee as established at Chapter 17.
C. Parcels lawfully created by gift deed to family members, which do not meet the zoning requirements established by this ordinance, shall be considered non-conforming lots of record, subject to the provisions of Chapter 8, this ordinance.
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(Amended by Ordinance 2008-02)
Section 2: Family Residential Units: A Certificate of Exemption from residential density requirements for land owners seeking to provide one (1) additional temporary single family residence on a single parcel specifically for that land owner’s parents, grandparents, children, step-children or grandchildren may be allowed as a conditional use in all zone districts except Industrial, provided:
A. The parcel meet the minimum parcel size in the zone district in which it is located or is a non-conforming lot of record, and no division of the parcel is proposed.
B. Sufficient services, to include access, water and sewer, are available to accommodate the increased residential density.
C. There is sufficient land area such that all structures meet established set back requirements, and structures are so arranged as to minimize adverse effect on adjacent properties.
D. For the purpose of this provision, “temporary” shall mean that upon vacation by the family member assigned, the home shall be removed from the property.
for certificates of exemption from specific provisions of this ordinance shall
be made available to land owners providing residential space to the land owner’s
spouse, parent, grandparent, child, step-child, sibling or grandchild on a
parcel which remains under single ownership. This certificate shall exempt the
minimum acreage requirements for single-family residential development in all
zone districts except industrial, subject to the following provisions:
A. A request for certificate of exemption shall be made on forms
provided by the zoning administrator prior to the construction or placement of a
residential structure. This form shall include the property owner’s name, the
location and parcel number of the property on which the residential unit is to
be built, and a site plan showing the boundaries of the parcel sufficient to
establish the location and set-backs of each residential unit and accessory
structure to be located on the parcel and an application fee as established at
B. Prior to construction or placement of a residential structure, zoning
certificates shall be obtained as required by this ordinance.
C. Should a residence built in a family residential unit be vacated by a
member of the property owners family, the use shall be deemed a non-conforming
use of record, subject to the provisions of Chapter 8.
(Deleted by Ordinance 2008-2)
3: Personal Hardship A. Applications for certificates of exemption
from specific provisions of this ordinance by reason of personal hardship shall
be made on forms provided by the zoning administrator and shall include the
applicant’s name, the location and parcel number of the property affected by the
proposed exemption, the nature of the hardship and the specific provisions of
this ordinance for which the exemption is sought, and an application fee as
established at Chapter 17.
B. Upon receipt of a completed application for exemption, the zoning
administrator shall schedule a hearing on the next available regular meeting
agenda of the planning and zoning commission. The applicant shall be notified,
in writing, of the date, time and location of this hearing.
C. The planning and zoning commission, when considering an application
for certificate of exemption by reason of personal hardship, shall consider the
facts of each case individually, and shall make a determination based on the
need created by the hardship, whether the proposed action would effectively
alleviate or reduce that hardship, the affect the proposed action would have on
surrounding property owners, and whether the proposed action would comply with
the provisions of the Boundary County Comprehensive Plan.
D. Upon conclusion of deliberations, the commission may:
1. Recommend approval.
2. Recommend disapproval 3. Table the application pending receipt of additional
information or to allow further deliberation. 4. Recommend alterations or amendments to be taken prior
E. The recommendation of the commission shall be forwarded to the board
of county commissioners for final decision. Upon receipt of the recommendation,
the board shall schedule a hearing on the next available agenda and the
applicant shall be notified of the date, time and location.
F. The board shall consider the facts of the application and the
recommendation of the planning and zoning commission. After deliberation, the
board may: 1. Approve the application. 2. Deny the application
3. Table the application pending receipt of additional information or to allow further deliberation.
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