A. In the agriculture-38 district, lots smaller than the 38-acre minimum of CCC 18.10.510 may be created in the manner and subject to the conditions provided in this section.

B. For the purposes of this section the term “combined ownership” shall mean an owner’s total ownership, whether or not contiguous, in the agriculture-industrial and agriculture-38 districts.

C. For every 38 acres of combined ownership the owner thereof may make a division of land under the short subdivision provisions of Chapter 18.34 CCC to create one new lot. However, no such division of land shall be permitted except to provide a lot for a single-family residence for a person who (1) is a family member of the owner of the parcel to be divided, and (2) is actively engaged in agricultural activities on the parcel to be divided. For the purpose of this subsection, the term “family member” is limited to the spouse and children of the owner of the parcel to be divided; provided, that where the owner of the parcel is a corporation, the term “family member” shall mean the spouse and children of the person(s) holding a controlling interest in the corporation; provided further, that nothing in this section shall limit the right of a person who meets the two above criteria to have his or her family reside together with him or her on a lot created pursuant to this section.

D. During a five-year period beginning with the date the first lot is created as allowed under this section (such date being the date that a short plat under Chapter 18.34 CCC is filed), up to three such lots (counting the first lot) may be created. Thereafter, one such lot may be created every five years. Such lots may be adjoining or nonadjoining.

E. Any new lot created under this section shall be subject to the following conditions:

1. Such lot shall be at least one-half acre and no greater than two acres in area; provided, that the two-acre maximum shall be increased to the extent (a) that the Cowlitz-Wahkiakum Health District determines that a larger area is required for the proper installation of approved water and/or sewer systems; or (b) of a variance granted by the Director to allow a division of land to follow topographic features (including but not limited to natural and manmade drainage ways, and ravines) that obstruct normal and necessary agricultural practices.

2. Such lot shall have a minimum width of 100 feet (measured from the required front setback).

3. The short plat creating such lot shall bear a notation, in a form prescribed by the Director, stating that the lot is situated in an agricultural area and is subject to noise, dust, smoke, odors, and the application of chemicals resulting from usual and normal practices associated with nearby agricultural uses. [Ord. 84-223, § 2, 10-8-84.]