ARTICLE 3: USE ZONES SECTION 302.04 SINGLE FAMILY DWELLING NOT RELATED TO FOREST MANAGEMENT May be established subject to the approval of the Baker County Planning Commission, upon: A. The receipt of information showing where the proposed dwelling is to be located within a rural fire protection district, or by showing that the Applicant has contracted for residential fire protection. B. Finding that the dwelling would not force a significant change in, significantly increase the costs of, or impede accepted farming or forest practices on agriculture or forest lands. C. Compliance with siting standards of Subsection 302.07. D. Compliance with the fire safety design standards for roads and driveways of Subsection 302.08. E. The receipt of information showing the parcel on which the dwelling would be located is not qualified for a farm or forest tax deferral. If the property does have farm/forest deferral, it shall be removed from the deferral program. F. A written statement recorded with the deed, or its equivalent is obtained from the landowner which recognizes the rights of forest operators to conduct forest operations consistent with the Forest Practices Act. G. A finding that the parcel satisfies one of the following: The intent of this part of the rule is to permit non-resource development in those areas that currently present some difficulty to full-scale timber activity. Therefore, the rule allows siting of non-resource dwellings on land zoned Timber-Grazing when the soils and the surrounding parcelization supports it. To apply this criteria, the Applicant must: 1) Site the parcel on an 160-acre square on a map, where the centerpoint of the square is in the center of the Applicant's parcel. 2) If there are at least seven parcels or portions of parcels located in that 160-acre square, the Applicant may proceed with the soils analysis. [If there are less than seven parcels or portions of parcels, a non-resource dwelling will not be allowed.] 3) If there are seven or more parcels or parts of parcels, the Applicant must show that the parcel is capable of producing less than 50 cubic feet per acre per year of timber (50 cf/ac/yr). This information may be obtained from soils maps produced by the Agricultural Stabilization Service (SCS), which translates soil types into approximate timber growth rates. 4) If the soils show that the productive capacity is greater than 50 cubic feet per acre per year, the community has a stronger interest in preserving the area for timber growth. Therefore, the Applicant must show at least eleven other parcels on the 160-acre square before the non-resource dwelling is allowed. This higher standard will allow a non-forest dwelling only when existing land use conflicts preclude large-scale timber production. 1) The parcel is composed primarily of soils which are: a. Capable of 0 to 50 cubic foot/acre/year of timber growth, and where this parcel and at least all or part of seven (7) other parcels are contained within a 160-acre square when centered on the center of the subject parcel; or b. Capable of above 50 cubic foot/acre/year of timber, and where this parcel and at least all or part of eleven (11) other parcels exist within a 160-acre square when centered on the center of the subject parcel. H. A finding that if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the Bureau of Land Management, or the U.S. Forest Service, then the Applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance. I. The Goal 5 Elk Winter Habitat Protection Maps, as adopted by Baker County, are inventoried as to median ownership size of parcels within the areas to be protected. Where the overall median ownership (expressed in acres) of any Elk Winter Habitat Protection Plan quadrangle map is reduced by ten percent (10%) or more from the median size (calculated in the Spring of 1986 and to be calculated May 1, 1987 and every three years thereafter), the following criteria shall be applied to nonresource dwelling applications within the quadrangle map. 1) A review of ownership sizes surrounding an area proposed for a nonresource permit within protected elk winter habitat areas shall be conducted. 2) The proposed parcel shall not alter the overall land use pattern found in the area by requiring that the proposed residential parcel be as large or larger than the median ownership within at least a one-mile radius review area. J. A finding that the parcel upon which the dwelling would be located was lawfully created before February 5, 1990 (the date Goal IV rules were established by the Land Conservation and Development Commission).