01-25-2023, 07:31 PM
The tax change "does not affect the zoning and permissible uses" (quoting the underlined section near the top).
The statement "consistent with State law which permits single-family residential use on properties less than 1 Acre" is inaccurate; "primary dwelling by right" applies to all ag-zoned lots created before 1973, prior to which this zoning "loophole" was used to create all the substandard private subdivisions we know and love. In theory, the owner of a post-1973 Ag lot could petition County to revert their tax class to Ag, and would have grounds to sue, the State Supremes touched on this issue recently, very amusing in its way.
A pre-1973 Ag property would lose its "primary dwelling by right" entitlement if it were subdivided again after 1973. Whether there can be an "original part" that retains that right is a question for legal scholars; I believe all newly-created lots are assigned new TMKs and would therefore be considered new lots.
Absent a "primary dwelling by right", any dwelling is a "farm dwelling" subject to the rules and regulations thereof (eg, must be attached to a working farm). This creates a different loophole which is also being "abused".
Generally, if you're away from pavement and uptight neighbors, it's "do as thou wilt shall be the whole of the zoning".
The statement "consistent with State law which permits single-family residential use on properties less than 1 Acre" is inaccurate; "primary dwelling by right" applies to all ag-zoned lots created before 1973, prior to which this zoning "loophole" was used to create all the substandard private subdivisions we know and love. In theory, the owner of a post-1973 Ag lot could petition County to revert their tax class to Ag, and would have grounds to sue, the State Supremes touched on this issue recently, very amusing in its way.
A pre-1973 Ag property would lose its "primary dwelling by right" entitlement if it were subdivided again after 1973. Whether there can be an "original part" that retains that right is a question for legal scholars; I believe all newly-created lots are assigned new TMKs and would therefore be considered new lots.
Absent a "primary dwelling by right", any dwelling is a "farm dwelling" subject to the rules and regulations thereof (eg, must be attached to a working farm). This creates a different loophole which is also being "abused".
Generally, if you're away from pavement and uptight neighbors, it's "do as thou wilt shall be the whole of the zoning".