All determinations of building eligibilities under this section shall be based on the ownership and configuration of the parcel as of record in the Office of the County Recorder/Registrar of Deeds on July 1, 1974.
(A) 4/40 limitation. Building eligibilities shall not be located so as to violate Policy 18C of the comprehensive plan.
(B) One per 40/1 per ¼¼ section building eligibilities. A parcel consisting of 40 acres or more or a complete quarter-quarter section shall have one potential building eligibility; each additional 40 acres or complete quarter-quarter section shall provide an additional potential building eligibility.
(C) Lot of record building eligibilities. A lot of record not having building eligibility pursuant to the 1 per 40 provision above shall have one potential building eligibility if it meets one of the following standards for eligibility and is not subject to the limitations listed below:
(1) The lot of record has a minimum of 33 feet of frontage on a public road, can meet all required setbacks in this chapter and can accommodate an SSTS including a primary and alternate SSTS sites; or
(2) There is a deeded easement for roadway purposes from a public road to the lot of record and the deeded easement was conveyed prior to July 1, 1974 and the lot of record is a minimum of 1½ acres and contains a minimum of 1 acre that meets the definition of building site.
(D) Limitations on lots of record. Parcels purchased at different times but owned and occupied by the same owner on July 1, 1974 and subsequently used, occupied and taxed as a single lot shall be considered to be a single lot of record. A lot of record occupied by another principal use other than agriculture shall not have a building eligibility until the time as the other principal use is permanently removed from the parcel provided the lot meets the minimum requirements for a lot of record building eligibility. Lots of record resulting from the conversion of public or private rights-of-way or public lands from public use to private use shall have no residential building eligibility under these provisions.
(E) Verification of building eligibilities. A potential building eligibility shall be verified by the Department only if a residence utilizing the eligibility can meet all requirements of this chapter, Chapter 151 or Chapter 52 of this code of ordinances, and any other ordinances, rules or statutes. Verification shall be valid only as of the day of verification and commitment to writing by the Department.
(F) Utilization of building eligibilities. A building eligibility shall be considered to be utilized when a structure used as a residence is placed on the parcel with the building eligibility or when a parcel is subdivided and the sale includes a building eligibility. The removal or rendering uninhabitable of a structure containing a residence makes available the building eligibility used by that structure.
(G) Transfer of 1/40 building eligibilities. Building eligibilities may be transferred from one parcel to another in accordance with the following rules:
(1) A building eligibility must be available for transfer;
(2) The transfer of a building eligibility shall occur only between adjacent parcels, and between non-adjacent parcels, if that option is provided for in the township chapter of the comprehensive plan. The sending and receiving parcels shall be located within the same township and taxing district (pursuant to each township’s policy chapter of the comprehensive plan). Sending and receiving parcels may be located within different watershed taxing districts if that option is provided for in the township’s chapter of the comprehensive plan;
(3) The transfer of eligibility shall be accomplished by the approval of an application for transfer by the Department. The application shall clearly state the PID and legal description of the sending and receiving parcels; shall bear the notarized signatures of the respective owners, and shall clearly state the number of eligibilities both used and unused on each parcel before and after the transfer. Subsequent to approval a copy of the approved application or other documentation of the transfer shall be recorded by the Department in the Office of the County Recorder against all affected parcels;
(4) Requests for the transfer of a one per 40 building eligibility in a Transition Overlay District shall conform to § 152.162 of this chapter.
(5) Transfers that would result in a violation of the other provisions of this chapter shall not be permitted;
(6) A parcel may only send or receive a building eligibility, not both;
(7) A building eligibility resulting from a conditional use permit for an extra density option shall not be transferred;
(8) Building eligibilities may be transferred to or from a parcel only once;
(9) Building eligibilities resulting from the removal of an existing residential dwelling shall not be transferable until the demolition of the residence has been completed and the applicable documentation for the removal has been submitted to the Land Management Department.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)