It is the intent and purpose of this district to:

• Provide ability of landowners of agricultural land in the extensive agriculture and open space zones to create small acreage residential lots; and

• Enhance lands best suited to agriculture for long-term commercial production and minimize reductions in agricultural productivity; and

• Avoid or minimize the need (and associated costs) for new/expanded public and private services such as, but not limited to fire protection (for homes and other improvements), school bus service, new school facilities, road maintenance, law enforcement, medical response, wildfire response, PUD services, noxious weed control; and

• Prevent the spread of wildfire and damage to property, structures and crops; and

• Prevent the spread of noxious weeds; and

• Create non-agricultural lots with safe access to public roads; and

• Avoid conflicts with other on-going agricultural enterprises; and

• Encourage small non-agricultural lots to be located on the least productive lands within the site plan.

The cluster agriculture overlay is applied to lands within extensive agriculture and open space zones per the rezone process, simultaneously with consideration/approval of a site plan (i.e. a rezone application to the cluster agriculture overlay will not be accepted without a complete application for the site plan).

(Ord. No. 040312-2, 4-3-12)

An approved site plan and rezone to cluster agriculture overlay is valid for five years from the date of approval; if the proposal is not developed to the extent fully envisioned in the approved site plan at the end of five years, development of the remaining undeveloped non-agricultural lots shall become invalid. If a final plat for the site plan has not been filed at the end of five years, the rezone to cluster agriculture overlay shall become void, as well as voiding the site plan.

The planning commission shall review the proposed rezone to cluster agriculture overlay and proposed site plan after review and comment by the planning director, county engineer, county sanitarian and other agencies of concern. The planning commission shall issue a recommendation to the board of commissioners, who shall summarily accept or reject the proposal, or remand back to the planning commission. The property shall be developed in accordance with the approved site plan and other applicable county-ordinances. Further development beyond that allowed by the under lying zone shall not be allowed unless the underlying zoning changes to permit increased density.

(Ord. No. 040312-2, 4-3-12)

1.

The minimum acreage proposed for rezoning to cluster agriculture overlay and site plan is forty contiguous acres.

2.

The proposal may be applied only to land under a single deed (note: if an applicant intends to include several existing/adjacent parcels, the parcels must be united per a single deed prior to submittal of the application). The total number of lots within the proposed site plan shall not exceed the total number allowed per the zoning density.

3.

A minimum of ninety percent of the total area of the proposed site plan shall remain as one parcel to be used in a manner that is consistent with the underlying zone. In other words ninety percent will remain in one lot to be used for uses consistent with the respective open space or extensive agriculture zone; and at a minimum, eighty percent of the "farmable/productive" land within the site plan shall be maintained in agricultural use.

4.

The size of each non-agricultural parcel/lot shall be the minimum size required to support an individual well and primary/reserve septic system as specified by the health department. The non-agricultural parcels/lots may be larger (up to a maximum of five acres each) with approval by the planning commission/board of commissioners, based on unique circumstances e.g. Larger parcels are required due to topographic limitations, wetlands, critical areas, or other natural features of the land that necessitate an area larger than the health department recommendation for lot size.

5.

The site plan shall portray the build-out and uses of each lot; and if the site plan portrays less than the total potential number of lots the site plan shall bind/limit development as shown and approved.

6.

Development within approved site plan may be developed per subdivision process in phases, but the entire development/subdivision process must be completed within five years of the date of approval of the site plan.

7.

Final plats shall include notation that the resource lot (ranch/farm) shall not be further divided; and a deed restriction for the resource lot shall be recorded with a restrictive covenant, stating the lot cannot be further divided.

8.

The site plan shall be accompanied by: information regarding locations and acreages of soil types (from conservation district), current uses, improvements and historical uses; topographic map information; parcel/ownership map of the surrounding area within one mile of the exterior boundary of the proposed site plan.

9.

A fifty-foot buffer shall be designated along the perimeter of each non-agricultural lot line (except for along lot lines that front a public road). The purpose of the fifty-foot buffer is to ensure that as individual owners of the lots develop wells and septic systems, the systems will not be established adjacent to common lot lines in such a way that may limit the-future locations of wells/septic systems on adjacent lots per health regulations that require one hundred foot separation between septic systems and drainfields, even when located on different lots. The fifty-foot buffer areas as portrayed on final plat maps shall include notation that wells/septic systems are not to be located in the buffer areas. Variation of buffers may be allowed per review and approval by the planning commission and health department.

(Ord. No. 040312-2, 4-3-12)

All of the following criteria must be satisfied for approval of a site plan:

1.

The proposed lots within the site plan must be located/designed to minimize need for new infrastructure.

2.

The respective fire protection district, school district, and county sheriff shall provide written confirmation of ability to effectively serve the proposed site plan without additional cost and/or expanded service needs.

3.

The proposal shall include provisions that address wildfire (e.g. provisions to limit potential for wildfire caused by small lot development and provisions to protect small lots in the event of wildfire), noxious weeds (e.g. provisions that require small lot owners to eliminate weeds on their property from spreading onto adjacent properties), domestic animal control (e.g. provisions that ensure that small lot owners are aware of issues related to unrestrained dogs/pets who may harass livestock or be destroyed by rural traffic/farm operations) and other issues as identified by the planning commission. Typically, these provisions are implemented per covenants and restrictions that are enforceable by the owner of the agricultural parcel or other land owners in the cluster development.

4.

The proposed site plan's design shall be consistent with the subdivision design requirements.

(Ord. No. 040312-2, 4-3-12)