Mother In Law Problems? This May Be The Solution

October 18th, 2007 categories: Buying Land Advice, Down to Earth Information, Regulations and Red Tape

The Mother In Law Ordinance came up when talking recently with a customer. They were looking for property that they could split. Their ultimate goal was to have two residences,enabling their handicapped son to be semi-independent but still close enough to keep an eye on. There is a provision in the unincorporated part of Ada County that does allow, in certain circumstances, to move a family member on to your property in a secondary temporary dwelling. This was always explained to me as The Mother In Law Provision.

I’m sure Mother In Law is “traditional” terminology for this provision, being my mentor in real estate has been in the business for a while, but this actually works for any family member that needs extra care, or employee(gardener,hired hand or housekeeper), not only your mother in law.

Normally a parcel only has one building permit attached to it. To move a Manufactured home onto that property,or to build, requires a separate building permit. One option is to go through the splitting process to make two separate parcels. Not a sure thing, nor easy, nor inexpensive, but an option.

Another alternative would be to apply for a specific use permit for a secondary dwelling. There are some hoops to jump through and some permits to pay for, but it would be worth the effort, enabling you to move a temporary dwelling on to your property.

There are certain stipulations that you must meet.

The maximum floor area for a secondary dwelling shall be sixty percent (60%) of the gross floor area of the primary dwelling up to a maximum of nine hundred (900) square feet, whichever is less.
It has to fit on the property and not be an obstruction or out of character with the rest of the neighborhood.

See the entire ordinance Ada County Codes Chapt 5 Sec 8–5–3–40

Another situation where this might work, is if you buy a older, smaller home with has some acreage, intending to build. You can live in the older home while building your primary residence. Ada County wants only one residence on that property, so you have to tear the older structure down once you move into your new house. Or you could modify the small house for your mother in law to live in if she needs your help, and kill two birds with one stone.

Either the principal dwelling or the secondary dwelling must be owner-occupied at all times. The secondary dwelling must be occupied by the owner of the principal permitted dwelling, a member of the owner’s immediate family, or the owner’s employee.

I’m sure lots of families in this agricultural area wanted to kept Mom and Dad on the homestead or needed to have a hired hand on the farm. They had the land and it made good sense.

Bg-princess-cottage My son, when he was seven, always promised he’d have a little house in the back of his property so I could live close and bake him cookies. I kind’a liked the idea.