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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.

 

Application 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 Chapter 17.

            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)

Section 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 to recommendation.

            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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