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deferral by the Marion County Tax Assessor's Office prior to Planning approval of a building permit. The criterion is met. IL . Non -farm dwellings must also meet the standards in MCC 17.137.100, which are listed below: (A) Maximum Height. 1. Dwellings: 35 feet. 2. Farm-relciled slr•ucliil-es on farm parcels: none. 3. %VOnI'eslderlllal and (loll-fa1,m structures: 35 feel mile.Ss' they are in conjunction With conditional uses allolvecl in MCC 17.137.050, and a gr-eater 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 can be met. (13) Minimum Setbacks. Except as required in A9C'C 17.137.070(A), the following setback requirements shall be implemented, foi• all neii, structures other than farm -exempt buildings, signs and . fences: 1. Rear Yard. A minimum o f 20 feel. 2. Side Yard. A minimum o1'20 feet, except for lots or parcels g f one-half acre or- smaller created prior to January 1, 1994, in which case the side yard setback shall be,fn,e feet. 3. Front Yard. A minimum gf'20 feet. When by ordinance a greater setback or• a front ,yard afgreater depth is required than specified in this section, thelr such greater setback Irate or f oral yard depth shall apply (See Chapter 17.112 AlKY ). 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) For all dwellings, and other uses deemed appropriate, the property owner shall be regtin-ed to sign and allow the entering of the followilg declaratory, statement into the chain of title gf the /of fs) or parcel(.$): "The property herein described is situated in or near a fcn•m or forest zone or al -ea in Marion County, Oregon, it'hei'e the intent is to encourage, and whiiinke conflicts with, fal'nl andfor'est iise. Specifically, residents, property owners and Wsitol's may be subjected to common, cusloinal:y and accepted firin orforest management practices conducted in accordance 11411i fedel'al and state laws that ordinarily and necessan•il y produce noise, dust, smoke grid other inipacts. The grantors, hichiding their heirs, assigns and lessees do hereby accept the potential impacts from fin -in and forest practices as normal and necessaiy and part of the risk gf'esiablishing a dwelling, striatum or use in this area, and acknowledge the need to avoid activities that conflict ii?ilh nearby firm anal forest uses and practices, grantors will not pia -sue a claim for relief or course gf action alleging it jtiry from farming or forest practice four which no action is alloii,ed tlrlder ORS 30.936 or 30.937. " A declaratory statement could be made as a condition of approval. The criteria could be met. If MCC 17.1 10.800 did not restrict the approval of the application, the following conditions would have been imposed and must have been met before a building permit could be obtained. The following conditions should be imposed if a variance is obtained: CU 24-006 — ORDER .Toy M. Blackman Revocable Living Trust Page 16