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Agenda - 01-12-1995 - 1a
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Agenda - 01-12-1995 - 1a
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11/21/2013 9:18:04 AM
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BOCC
Date
1/12/1995
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
1a
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Minutes - 19950112
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\Board of County Commissioners\Minutes - Approved\1990's\1995
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• Temporary buildings and structures,provided they are not used for residential purposes. <br /> However,public school impact fees shall not be levied in the following cases: <br /> • A mobile home being used to provide custodial care under the provisions of an <br /> approved Special Use Permit. <br /> • A mobile home being used as a temporary residential dwelling during the <br /> installation of a replacement mobile home or the construction of a stick-built <br /> dwelling unit. <br /> ISSUE: The County Attorney has corresponded with a resident of Chapel Hill who <br /> constructed a home in the Town's historic district.Aside from"rational nexus" <br /> issues, the resident has questioned whether an exception should be granted, <br /> based on a requirement that he secure a Certificate of Appropriateness(COA) <br /> from the Historic District Commission.The resident started the COA approval <br /> process before the impact fee became effective,and the requirement delayed <br /> him from securing a building permit prior to the effective date. The issue of <br /> "regulatory delays" as related to this case as well as other situations (such as <br /> mobile home parks)should be discussed and amendments,if needed,proposed. <br /> ISSUE: One of the difficult aspects of administering the impact fee ordinance involved <br /> when and when not to grant exceptions for"replacement"units..Soon after the <br /> ordinance became effective, questions arose such as the following: <br /> • A farm house existed on the property 20 years ago. Is an impact fee <br /> required? <br /> • A mobile home existed on the property two years ago.Is a fee required? <br /> Because of the number of such questions, the following interim policy was <br /> employed: <br /> If a dwelling unit(or mobile home)is being placed on a lot(or mobile home spare)which <br /> has been vacant for one year or less, it is permissible to issue a building permit without <br /> charging impact fees. If the situation involves a lot (or mode home space) which has <br /> been vacant for more than one year, the applicant must submit a letter which explains <br /> his/her situation and why the lot(space)has been vacant for an extended period of time. <br /> The letter,along with the completed building permit application,must be submitted to the <br /> Planning Director for review.Following consultation with the County Manager and the <br /> County Attorney, a decision will be rendered regarding the request <br /> An acceptable reason for excepting impact fees for spaces or lots which have been vacant <br /> for more than a year includes the inability of the mobile home park owner to locate homes <br /> on spaces due to a County or State prohibition resulting from a failing septic system or <br /> contaminated well. This situation mary include the time involved to extend public water <br /> and sewer service to the site or the installation of a new septic and/or well system. <br /> The above policy was initially drafted in August, 1993.It was revised again in <br /> October, 1993, to add the provision regarding failing septic systems and <br /> contaminated wells.Since the policy was instituted,13 exception requests have <br /> been handled involving 61 dwellings.A summary of the requests and actions <br /> Annual Report 7 <br />
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