§ 50-496. Lineal heir homestead density exemption.

(a)

It is the intent of this section to provide for the subdivision and conveyance of land to immediate family members for their primary residence in accordance with the technical standards of this section. The purpose of this section is to preserve the ability of property owners to convey lands to lineal heirs by providing for an exception to the density assigned to the parent parcel, where such divisions create parcel sizes that are generally prohibited by the county's comprehensive plan.

(b)

The subdivision of land under the provisions of this section shall be applied in a manner that creates the least extent and number of nonconforming lots or parcels.

(1)

Retention of the maximum number of conforming parcel sizes shall be encouraged while providing for the equal division of the remaining acreage.

(2)

Division of parent tracts that do not conform to the density standard assigned to parcel shall be divided to create parcels of equal size.

(3)

Minimum parcel size is one acre in a nonflood zone, two acres in a flood zone.

(4)

The minimum parcel size shall apply to any parcel created pursuant to this section.

(5)

This section shall not be allowed more than one time for each family member.

(6)

With the exception to density requirements, the division of land under the provisions of this section shall meet all other applicable standards in the land development regulations including, but not limited to, access design, road construction (if applicable), length to width ratio, easement standards and section line dedication when deemed appropriate by the review committee. Consideration shall be given to existing land development patterns and to the future needs identified on the adopted future traffic circulation map when requiring right-of-way dedication.

(c)

Lineal heir homestead density exceptions are prohibited in the following areas:

(1)

R-2(LDR), R-3(MDR), R-4(HDR), commercial C-1 through C-4 (C), and industrial (I) zoning and land use districts.

(2)

Type II subdivisions (until the roads are constructed to county specifications) or any tract located on a private easement less than 60 feet in width and serves two or more unrelated landowners.

(3)

Lots in recorded subdivisions.

(d)

Eligibility standards are as follows:

(1)

Eligible persons or lineal heirs recipient: Grandparent, parent, stepparent, sibling, child, stepchild, adopted child or grandchild of the person conveying the parcel. Applicants for building permits must submit a notarized affidavit identifying their relationship to the parent parcel owners.

(2)

Eligible parcels: Parent parcels of record under the ownership of the grantee for a period of time no less than five years.

(e)

Platting requirements are as follows:

(1)

A plat (survey) prepared on a minimum 11-inch by 17-inch sheet, at an acceptable scale by a licensed professional surveyor and mapper or professional engineer shall be prepared, showing the relationships of the parcels transferred to the un-platted lands of the grantee, all easements for utilities, egress and ingress and their relation to a public road right-of-way and shall include a legal description by fractional calls and/or metes and bounds for each of the lots or parcels created.

(2)

Every parcel must have a permanent means of ingress and egress. Those parcels created that do not front a public road shall provide access by a recorded Deed or non-exclusive easement prior to the issuance of building permits.

(3)

The provision of ingress and egress shall conform to standards in the definition "easement" in section 50-1. No easement created under this section may be less than 30 feet wide for the purpose of ingress and egress, exclusive of utility easements.

(4)

Utility easements shall be a minimum of ten feet wide, in addition to the required minimum egress and ingress easement.

(5)

Any roads constructed for dedication to the county must meet the minimum requirements of the county road department for local I roads.

(6)

Private roads (i.e. roads that are not constructed to county specifications, dedicated to the public and included in a MSTU or some other funding mechanism for maintenance) will not be accepted into the county road maintenance system, regardless of the type of construction.

(7)

All plats or surveys containing constructed roads shall provide construction plans that have been approved by the appropriate water management district for drainage.

(8)

Prior to application for building permits, all easements created for ingress and egress must be surveyed out, cleared, and stabilized with limerock, gravel, or a clay mix to provide a durable surface for the passage of a two-wheel drive vehicle.

(9)

Any road, easement or driveway that ties in or connects to a public road or right-of-way will require a permit that will require the driveway or turnout from a private road or easement to be constructed to county specifications.

(f)

Applications may be obtained from the development department. The following documentation is required prior to the processing and review of applications for lineal heir subdivisions:

(1)

Proof of ownership. The applicant shall submit a deed and legal description of the parent parcel.

(2)

Description of property division. The applicant shall submit three certified boundary surveys/plat maps showing all proposed division of the property, ingress and egress, easements for utilities, tie-ins to a public road right-of-way, and metes and bounds description of each parcels/lots created by the division.

(3)

Lineal heir affidavit. The applicant shall obtain, complete and submit a lineal heir relationship affidavit to the development department, at the time of application for a lineal heir homestead density exception, for all recipients of a lineal heir homestead density exception parcel.

(g)

Deeds with an attached plat map shall be recorded prior to the issuance of a building permit. Such deeds shall include language giving notice that the subdivision of land is in accordance to the lineal heir homestead density exception and of the prohibition of additional density conveyance addressed in subsection (h) of this section.

(1)

Recording of the deeds or plat map of any parcel created pursuant to these regulations shall not be allowed until such time as the plat review committee has reviewed and approved such plat.

(2)

Building permits shall only be issued to the recipients of the homestead density exception parcels for his or her primary residence.

(h)

No parcel created by this exception process may receive additional density exceptions for future offspring of the grantee, nor future owners of the parcel.

(Ord. No. 99-3, §§ 8.1, 8.2, 6-22-1999; Ord. No. 03-05, 5-20-2003)