Kings County Zoning Code § 409 Divisions for Farm Home Retention

• A. When an application is being considered for retention of a farm home, and the area immediately around it, divisions of land may be permitted in the AL-10, AG-20, AG-40, and AX zoning districts for sites of not less than one acre, and generally not more that two and one-half acres, subject to the following requirements or conditions:

A Agricultural Zoning Districts DEVELOPMENT CODE

Art. 4 Page 4 - 15

1. The applicant shall retain no more than one farm home, which is owned by and is the actual residence of the applicant. An applicant who has moved directly from the subject residence to an assisted care living arrangement, and still owns the residence, qualifies for the actual residence requirement.

2. The parent parcel must have been in the divider’s continuous possession for the seven years preceding the date of the application for the division.

3. The parent parcel, before a division pursuant to this Subsection must contain at least the minimum, parcel size required under the applicable zoning district, and may not be used as rural residential use or for the operation of a “hobby farm” incidental to a residential use.

4. The division shall not create a remainder parcel that would primarily be used as rural residential rather than for farming purposes.

5. The new parcel shall:

   • a. Have an area of not less than one acre and not more than two and one-half acres.

   • b. Have a width of not less than 125 feet and a depth of not less than 150 feet.

   • c. Comply with local set back standards for new domestic water supply and sewage disposal facilities.

   • d. Have an existing septic system with disposal lines at least 50 feet from proposed property lines.

   • e. Have a Tentative Parcel Map, an In-lieu of Tentative Parcel Map, or a Lot Line Adjustment application filed and approved by the County and record a Final Map, Parcel Map, or Parcel Map Waiver showing the division or adjustment and appropriate public dedications.

• B. Divisions of land under Williamson Act or Farmland Security Zone contract shall also comply with the following additional criteria:

  1. The existing residence on the farm home parcel shall have been on the property for at least 5 years.

  2. The landowner shall have continuously owned the property for at least 10 years.

  3. The remaining portion of the parent parcel contains at least 10 acres of prime farmland and at least 40 acres on nonprime farmland, which is assumed to be the absolute minimum parcel size necessary for commercial farming.

• C. Any parcel of land established as a result of a Farm Home Retention action shall be restricted from later lot line adjustments which serve to increase the area of the farm home parcel boundaries beyond a maximum of 2.5 acres. Any adjusted farm home parcel must continue to meet all requirements of this Section.