A. Criteria For Farmstead Lots: A parcel with a principal dwelling may be partitioned to create a farmstead lot on which the principal dwelling remains, provided that:
1. The farmstead lot created to accommodate the principal dwelling may include up to two (2) acres. Depending on soil conditions, topography, or other unique circumstances, a larger area may be partitioned.
2. No new dwelling shall be placed on the remaining parcel unless it complies with the dimensional standards set forth in subsection 6-3A-4A of this Title.
3. If the remaining parcel is provided with a dwelling in compliance with this Title, it will not be eligible for further partitioning under these farmstead lot provisions for a period of ten (10) years.
4. The following criteria are met and no objector convincingly establishes that the creation of a farmstead lot does not meet the following criteria:
The use is compatible with farm uses; it does not interfere with accepted farming practices on adjacent lands; it does not materially alter the stability of the overall land use pattern of the area; and it is situated on generally unsuitable land for the production of farm crops or livestock considering the terrain, adverse soil or land conditions, drainage and flooding, location and size of tract.
5. The creation of the farmstead lot will subject it to the provisions of ORS 308.370, which may require removal from farm use assessment to a nonfarm use assessment.
B. Procedure For Authorization: The procedure for authorization of a farmstead partition shall be as follows:
1. The property owner shall file a notice of intent to create a farmstead lot, using forms provided by the Planning Department.
2. The applicant shall pay a filing fee as prescribed pursuant to subsection 6-9-5B of this Title.
3. Within ten (10) working days of filing, the Planning Director shall circulate notice of the pending application in the following manner:
a. By publication in at least one newspaper of general circulation published in the County; and
b. By individual notice mailed to all record owners of real property within two hundred fifty feet (250') of the parent parcel for which the application has been made.
4. The notice shall contain a brief description of the application and the period, not less than ten (10) or more than thirty (30) days, within which written objections and/or requests for a hearing are required to be submitted to the Planning Department.
5. Within ten (10) working days of receipt of written objections and/or requests for a hearing, the Planning Director shall schedule a hearing before the County Court, prepare a staff report and provide notice pursuant to Section 6-10-3. The County Court shall hold the public hearing and make findings as provided in Section 6-10-8.
6. If no written objections and/or requests for a hearing are received within the time prescribed, the Planning Director shall provide the applicant with written notice of the decision. That decision may be appealed as provided in Chapter 13 of this Title. (Ord. 86, 12-7-1993)