Accessory farm residences must satisfy all of the following performance standards:
A. The parcel of land upon which the accessory farm residence is located must be zoned A agricultural or E-1 estate. If the parcel of land is rezoned to any classification other than A agricultural or E-1 estate, within thirty (30) days of the effective date of the rezoning, the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
B. The parcel of land upon which the accessory farm residence is located must be a minimum of twenty (20.0) acres in size. If the parcel of land is divided and retains less than twenty (20.0) acres, within thirty (30) days of recording of the division with the county, the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
C. The parcel of land upon which the accessory farm residence is located must have an existing occupied house (primary farm residence), except that the accessory farm residence may be attached to an accessory structure on an immediately abutting parcel of land that does not have a primary farm residence if the other abutting parcel has an occupied primary farm residence and if the following additional criteria are satisfied:
1. The county assessor's office or recorder's office must notify the zoning administrator that the subject abutting parcels are not allowed by the county to be combined into a single tax parcel.
2. Both abutting parcels must be under the same ownership.
3. The combined size of the parcel with the accessory farm residence and the parcel with the primary farm residence must be a minimum of twenty (20.0) acres.
4. If the parcel of land upon which the accessory farm residence is located ceases to be under the same ownership as the abutting parcel with the primary farm residence, then the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
5. If the primary farm residence on the abutting parcel ceases to be occupied, then, within thirty (30) days, the accessory farm residence shall be made unusable as a residence in a manner found satisfactory to the chief building official.
D. No more than one accessory farm residence may be located on any parcel of land. If the accessory farm residence is located on a parcel abutting the primary farm residence as allowed in subsection C of this section, then only one accessory farm residence may be located on the two (2) adjacent parcels.
E. At least one occupant of the accessory farm residence must be actively engaged in agricultural activity on the parcel of land.
F. Construction of the accessory farm residence may commence only after the building inspection division of the city has issued a building permit therefor.
G. The accessory farm residence must be connected to an on site septic system found satisfactory to the building inspection division of the city prior to issuance of a certificate of occupancy.
H. The accessory farm residence must be located either within the primary farm residence or, in the alternative, attached to an accessory structure on the parcel of land. However, the accessory farm residence may only be attached to an accessory structure if the accessory farm residence meets the following additional performance standards:
1. The accessory farm residence may be attached to an accessory structure as an addition or a wing. If a wing of the accessory structure is intended for use as an accessory farm residence, then the accessory farm residence must be completely isolated from the agricultural and/or nonresidential portions of the structure by use of an area separation wall (as defined by the city building code) that extends from the floor of the lowest level to the roof of the abutting agricultural and/or nonresidential use(s).
2. The accessory farm residence must be separated from the accessory structure to which it is attached by a one hour fire separation wall, as defined by the city building code. If there is a door giving direct access to the accessory structure from the accessory farm residence, the door must incorporate a closure and be fire rated according to the city building code.
3. The accessory farm residence may be located within the accessory structure in a configuration other than an addition or wing (as addressed subsection H1 of this section) only if all supporting structure and structural elements are compliant with current city building codes for R occupancy and, in addition, said structure and structural elements must be protected to a one hour fire rating standard.
4. In addition to a possible doorway to the accessory structure, the accessory farm residence must have an egress door directly to the outside.
I. Prior to issuance of a certificate of occupancy for the accessory farm residence, the owner of the parcel of land shall record with the county a certificate from the city clerk that includes the following:
1. Legal description of the parcel of land.
2. Date upon which the city issued a building permit for the accessory farm residence.
3. A statement that this section establishes performance standards that must continue to be satisfied or the accessory farm residence must be made unusable as a residence in a manner found satisfactory to the chief building official, or converted to its former use.
4. A copy of this section. (Ord. 1098, 11-8-2004)