Subdivisions and planned developments are not consistent with the purpose and intent of this zone and are prohibited. Proposed lot line adjustments and partitions of land in an EFU, ERU or EFFU zone are subject to the provisions of the Malheur County subdivision and partitioning ordinance 1 . In addition, proposed lot line adjustments and partitions shall meet the following requirements:
A. Resource Use: Persons proposing a division of land to create parcels for farm or ranch use shall satisfactorily demonstrate to the planning director in writing photographs, maps, charts, statistics and other easily preserved means of communication that the proposal will conform to the following requirements. Facts and collaborating evidence need to be presented in as concise and accurate a manner as is practical. Failure to bring adequate and convincing facts to bear on this issue will result in no approval being granted.
1. Is the proposed land division consistent with the state legislature's agricultural land policy as established in ORS 215.243 and 215.263(2)? How? Address each issue.
2. Are the proposed parcels appropriate for the continuation of the existing commercial agricultural operations in the area based on the evaluation prescribed in subsection 6-3A-4B? Show substantiation. The evaluation shall include the subject property and commercial agricultural operations located in the same zone within one mile of the subject property.
3. Are the proposed parcels equal or greater in size than the typical commercial agricultural units in the area? Substantiate. Are they appropriate for more intensive commercial agricultural operations such as the growing of nursery stock, greenhouse or hydroponic products, the raising of small fur-bearing animals or poultry in large quantity, drylot dairies or feedlots? If so, submit a management plan for five (5) years and project an outline for the second or following five (5) years. If not, it must be shown that the proposed parcels will support commercial farm practices by being used in conjunction with other farmland in the area. A management plan is also required in this situation.
4. Will the addition and/or proposed location of new structures and other improvements on the property impose serious limitations on accepted farming practices on adjacent lands? How will this problem be avoided?
5. Will the proposed land division materially alter the stability of the overall land use pattern of the area, assuming a principal dwelling may be allowed on the lot? Why not?
C. Financial Partitions:
1. Partitions for financial purposes which are eligible may proceed through foreclosure proceedings after notice to the county planning department. Lien and sales contracts eligible for financial partitioning are those established at the time of sale and purchase of the subject land. Following the 1989 date of adoption of this code, all property used as collateral in conjunction with the sale of property, shall conform to the size, access and other requirements of the county zoning and land division ordinance in effect at the time of the property transaction.
2. Those parcels created by a financial partition shall be disqualified from the farm tax deferral and appropriate back taxes paid up unless one or both meet the criteria of subsection A of this section. (Ord. 86, 12-7-1993)
Notes
| 1 | 1. See title 7 of this code. |