Chapter 410 Exclusive Farm Use Zone
Minimum Parcel Size
A. General Exception to Parcel Size Requirements:
1. Any parcel of land or portion thereof which has been or is to be dedicated to a public or semi-public entity for a road, railroad, utility or other public use shall be entitled to an adjustment from the minimum parcel size requirement set forth by this Ordinance. The adjustment shall be limited to the amount of land dedicated to and accepted for public use.
2. Minimum requirements relative to lot size, where applicable, shall be considered as standard metes and bounds land Section divisions. Therefore, lot sizes may be smaller than set forth in this Ordinance if a total Section acreage reduction is due to a U.S. Public Lands survey adjustment.
3. Statutory "Lot of Record" provisions (Sections 9-13, Chapter 884, Oregon Laws 1981, as amended by Sections 14 and 15, Chapter 826, Oregon Laws 1983) may provide a development right for sub-standard sized lots or parcels if said lot(s) or parcels qualify under the law.
B. Except as provided for under Subsection “A” of this section, new parcels in the EFU Zone shall comply with the following minimum parcel size requirements:
1. 80 acres if fully covered by valid primary water rights.
2. 160 acres for non-irrigated land, or 2 acres for each dry acre less than 80 for land partially covered by valid primary water rights. For example, 60 acres of irrigated land would require a minimum parcel size of 100 acres (80 - 60 = 20; 20 x 2 = 40; 60 irrigated acres + 40 non-irrigated acres = 100 acres).
3. In the EFU Zone, a parcel created to accommodate a conditional use shall comply with the following requirements:
a. The proposed parcel shall be the minimum amount of land necessary for the proposed use, considering applicable state and local standards and the criteria set forth in this Ordinance, but shall be no less than 2 acres; and
b. The remaining parcel complies with the requirements under Section 410.05(B)(1) or (2), as applicable.
4. If land in the EFU Zone is also located in the Big Game Habitat Overlay, the minimum parcel size for a non-farm or lot of record dwelling shall be 40 acres, unless the parcel on which the dwelling is to be located was legally created prior to January 1, 1986. If the parcel is less than 40 acres, but was legally created prior to January 1, 1986, it is considered to be a pre-existing non-conforming parcel and a non-farm or lot of record dwelling may be allowed subject to the following conditions:
a. The dwelling will be located within 200 feet of a public road. If the road access to the dwelling is owned or maintained by the Oregon Department of Forestry, the Bureau of Land Management, or the U.S. Forest Service, the applicant shall provide proof of a road access use agreement.
a. There is no other dwelling located on the property.
5. For non-farm partitions in the Big Game Habitat Overlay, the minimum parcel size shall be 40 acres.
6. The minimum parcel size for a farm related dwelling based on minimum parcel sizes established by statute and/or rule shall be 160 acres if covered with at least 160 acres of valid primary water rights or 320 acres non-irrigated, or a combination thereof, except that there shall be 2 acres for each dry acre less than 160. For example, 100 acres of land with valid primary water rights would require a minimum parcel size of 220 acres (160 - 100 = 60; 60 x 2 = 120; 100 irrigated acres + 120 non-irrigated acres = 220 acres).