A. Upon application to the Planning Director, a special permit may be granted authorizing the creation of a security interest in a parcel of land which is in an EFU, EFFU or ERU Zone.
B. Permits issued under the authority of this Section shall be subject to the following limitations and restrictions:
1. A parcel possessed or subject to a right of possession by a person under the terms of a foreclosure of a security interest, and the remaining parcels, must remain in the same legal use the parcels were in at the time the interest became possessory, except the parcels may be put into agricultural use; but in no case may an additional structure or improvement, other than that which is the subject of the applicable security interest, be added to any parcel by the authority of the permit authorized in subsection A of this Section. In order to establish uses other than agriculture or to erect structures other than farm accessory structures, the owner of the parcel must secure a land partitioning approval as otherwise required by this Title.
2. The permit authorized in subsection A of this Section shall be valid only for the time of the life of the security interest, except in the case of default and foreclosure upon the interest. In the case of default and foreclosure, the permit shall be valid only until a land partitioning permit is granted or the parcels are rejoined in a contiguous unit of land under the same ownership.
3. At the expiration of the security interest if there is no default or foreclosure, the parcels shall be deemed to be rejoined into a contiguous unit of land under one ownership and shall be reunited or combined into a single tax lot and this permit authorization automatically becomes void.
The owner of the property shall be in violation of this Title if he has not, within thirty (30) days of the permit becoming void, made written application to the County Assessor for the combination of the parcels into a single tax lot.
C. No permit may be issued under this Section until the owners of the subject property and the holder of the security interest sign a statement indicating that all parties agree to comply with the limits being placed upon the permit.
D. The permit issued under this Section shall be immediately void if the owner of the property attempts any transfer of the subject parcels except as provided by the terms of the permit or of this Title and the Zoning Ordinance, Title 6 of this Code.
E. The partitioning permit authorized by this Section shall be granted only if the applicant certifies and the Planning Director finds that:
1. The intended partitioning is temporary and not created for the purpose of evasion of the requirements of this Title, other County ordinances or regulations or State law.
2. The partitioning will not result in the need for additional roads or other access.
3. The partitioning will not result in the need for additional improvements.
4. The partitioning will not interfere with adjoining and area land uses.
5. The partitioning will not violate any provisions of applicable zoning or policies of the Comprehensive Plan.
F. In those situations where foreclosure of less than the full property was not contemplated at the time of financing, and in situations where the lender is willing to allow the landowner to retain his dwelling and not more than three (3) acres, and the landowner will be resident in the dwelling for at least one year, the Planning Director may apply the provisions of this Section retroactively. (Ord. 25, 3-2-1983; 1989 Code)