Dedicating Land for Residential Use to Lower Property Taxes

A. "Owner," as used in this section, means a person who is the fee simple owner of the real property, or who is the lessee of real property whose lease term extends at least ten years from the date of the petition. B. A special land reserve is established to enable the owner of any parcel of land within a hotel, apartment, resort, commercial, or industrial district to dedicate the land for residential use and to have the land assessed at its value in residential use; provided, that: 1. The land dedicated must be limited to a parcel used only for single-family dwelling residential use. 2. The owner of the land dedicated must use it as the owner's home. 3. Not more than one parcel of land may be dedicated for residential use by any owner. C. If any owner desires to use land for residential use and to have the land assessed at its value in this use, the owner must petition the director and declare in the petition that if the petition is approved, the owner will use the land for single-family dwelling residential use only and that the land so dedicated will be used as the owner's home. D. Upon receipt of a petition, the director must make a finding of fact as to whether the land described in the petition is being used by the owner for single-family dwelling residential use only and as the owner's home. If the finding is favorable to the owner, the director must approve the petition and declare the land to be dedicated. E. The approval of the petition by the director constitutes a forfeiture on the part of the owner of any right to change the use of the land for a minimum period of ten years. F. Failure of the owner to observe the restrictions on the use of land or the sale of the property cancels the special tax assessment privilege retroactive to the date of the dedication, or the latest renewal ten-year period; and all differences in the amount of taxes that were paid and those that would have been due from assessment in the higher use are payable with a ten percent penalty from the respective dates that these payments would have been due. Failure to observe the restrictions on the use means failure for a period of over twelve consecutive months to use the land in the manner requested in the petition or the overt act of changing the use for any period, or the sale of the real property. Nothing in this subsection precludes the County from pursuing any other remedy to enforce the covenant on the use of the land. G. The additional taxes and penalties, due and owing as a result of failure to use or any other breach of the dedication, constitute a paramount lien upon the property as provided for by ordinance. H. The director will prescribe the form of the petition. The petition must be filed with the director by September 1 of any calendar year and will be approved or disapproved by December 15. If approved, the assessment based upon the use requested in the dedication takes effect on January 1 of the next calendar year. I. The owner may appeal any disapproved petition as in the case of an appeal from an assessment. J. After December 15, 2019, no parcel of land may be dedicated for residential use pursuant to this section, and no existing dedication authorized by this section may be renewed. This section will be repealed on December 31, 2020. ( Ord. No. 5020 , § 1, 2019; Ord. 1076 § 3 (part), 1980: prior code § 6-1.58)