Kings County Zoning Code § 410 Divisions for Farm Home Financing

• A. When an application is being considered for a division for purposes of financing a farm home, or an agriculturally related construction project, 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 subject to the following requirements or conditions:

  1. Under this provision a person who is actively engaged in farming the subject land may:

     • a. Create for farm home financing purposes no more than one lot, which must be for the person’s principal residence and is not intended for sale or transfer.

a

A Agricultural Zoning Districts

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DEVELOPMENT CODE

• b. Create lots for farm related project construction financing purposes, which shall be used for agriculturally related construction projects for the land farmed by the owner in the vicinity, the use of which must be in compliance with the terms of this Development Code and uses listed in the appropriate Agricultural (A) district regulations. This subparagraph may not be used for residential purposes, except for agricultural employee housing.

2. In the case of a division for financing, instead of recording a Final or Parcel Map, a parcel map waiver shall be recorded, and upon completion of the terms of the financial agreement, contract, trust deed, or similar instrument, the parcels shall rejoin as a single parcel; except in the case that a creditor acquires the parcel into excess status pursuant to a bona fide involuntary foreclosure or similar involuntary process of law, including but not limited to a deed in lieu of foreclosure, in which case the creditor shall record a Parcel or Final Map prior to completing any foreclosure. The parcels shall not rejoin as a single parcel but shall continue to be separate parcels according to the parcel map.

3. Land upon which a division for farm home financing, or agricultural facilities construction financing is proposed, does not have to be owned for any specific period of time, however, a parcel created for financing purposes may not be sold or transferred by the parcel owner to anyone else as a separate parcel from the parent parcel. This prohibition shall not apply to the parcel created for financing if it is acquired into excess status by a creditor pursuant to a bona fide involuntary foreclosure or similar involuntary process of law, including but not limited to a deed in lieu of foreclosure. Prior to completing any foreclosure, the creditor shall record a Parcel or Final Map.

4. Under this provision, 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 filed and approved by the county with the appropriate public dedications, and record a Parcel Map Waiver in lieu of a Final or Parcel Map.

• B. In compliance with Government Code Section 66474.4, subdivision (b)(2), for financing divisions for land restricted by a Williamson Act or Farmland Security Zone contract, the financing parcel and any remainder parcel shall both be at least 10 acres in size in the case of prime agricultural land, or 40 acres in size in the case of land that is not prime agricultural land.