Linn County has broadened the definition of what was once called a Farmstead Split. It is now called a Residential Parcel Split, which allows the splitting off of a dwelling from the larger tract of land if it meets the following criteria:
A dwelling being on the property on, or prior to, January 1, 1985 ( or significant evidence of a dwelling, if not currently in existence )
All resulting parcels have access to an abutting public roadway
A minimum of 1 acre shall be required for each residential parcel split
This process nor any former "farmstead split" zoning process has previously been used to sever a lot from the parent tract
If the remaining land results in less than 35 acres, that remaining land needs to be included in the plat of subdivision and noted as a non-buildable lot, or combined by deed restriction with an adjacent parcel of land to total over 35 acres. For consideration, a residential parcel split requires a fee, an application signed by the property owner, site plan and either a plat of survey or plat of subdivision. A plat of subdivision may be required if the division of land results in any remaining tract being less than 35 acres that cannot be combined by deed restriction with an adjacent parcel.
Another option: Final plat with a plat of subdivision. If a property does not qualify for a residential parcel split, a rezoning and plat of subdivision may be an option. Rezoning may be required when a property is being subdivided, resulting in any lot with less than 35 acres of land. A rezoning or subdivision request must meet the required minimum levels of service ( MLS ) and have a Land Evaluation Site Assessment ( LESA ) score calculated for the property. There are different MLS required for different land use designations on the Linn County Land Use Plan Map; however, they are all required to be within 1/4 mile of a hard surfaced road. Well and septic requirements as well as maximum distances to a fire station are additional services required. Minimum levels of service are items that must be met and no variances are allowed.
If a property meets the required MLS, the LESA can be reviewed for the property. The LESA scores the property based on compatibility and suitability issues. Each land use designation has a minimum LESA threshold score required for a rezoning or subdivision to be approved. If a property does not meet the required threshold score, applying for a rezoning or subdivision is still allowed; however, approving a rezoning or subdivision that does not meet the required threshold score would be going against the regulations in the Unified Development Code.
For further information please, contact the Planning and Development Staff.
