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imposed, if any is applicable, as provided by ORS 308A.113 or 308A.724 or• 321.359(1)(b), 321.842(1)(A) and 321.716. A parcel that has been disqualified under this section shall not requalify for special assessment armless, when combined ivith another- contiguous parcel, it constitutes a qualifying parcel. The criterion can be met with a condition of approval: the applicant shall submit evidence to Marion County Planning that the property has been disqualified from farm/forest deferral by the Marion County Tax Assessor's Office prior to Planning approval of a building permit. The criterion is met. H . Finally, non -farm dwellings must also meet the standards in MCC 17.137.100, which are listed below: (A) Maximunn Height. 1. Divellings: 35 feet. 2. Farm -related structures on faun parcels: none. 3. Nonresidential and non farm structures: 35 feet unless they are in conjunction with conditional uses allowed in MCC 17.137.050, and a greater height is requested and approved as part of the conditional use permit. Compliance with this shall be verified at the time of building permits. The criteria are met. (B) Mininntnn Setbacks. Except as required in MCC 17.137.070(A), the following setback requirements shall be implemented for all neiv structures other than farm -exempt buildings, signs and fences: 1. Rear Yard. A minimum of 20 feet. 2. Side Yard. A mininnan of 20 feet, except for lots or parcels of one-half acre or smaller created prior to January 1, 1994, in ivhich case the side yard setback shall be five feet. 3. Front Yard. A nninirnum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (See Chapter 17.112 MCC). The dwelling and any future accessory structures shall be subject to MCC 17.137.070(A), as adjusted in the conditions of approval. Therefore, these criteria do not apply. (C) Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow the entering of the following declaratory statement into the chain of title of the lot(s) or parcel(s): "The property herein described is situated in or near- a farnn or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts ivith, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or- forest management practices conducted in accordance ivith federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts f-om faun and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm andforest uses and practices, grantors will not pursute a claim for relief or course of action alleging injury from fanning or forest practice for which no action is allowed under ORS 30.936 or 30.937. " This shall be made a condition of approval. The criterion is met. 12. Based on the above discussion, the applicant has adequately addressed all applicable criteria for placing a non- farm dwelling on the parcel. Therefore, subject to meeting the conditions of approval, the application for a non- farm dwelling is APPROVED. Brandon Reich Date: March 15, 2024 Planning Director/ Zoning Administrator If you have any questions regarding this decision contact John Speckman at (503) 588-5038.