Laserfiche WebLink
b. The value of dwelling to be replaced has not been eliminated due to destruction or demolition, <br />and the dwelling was assessed as a dwelling for the purposes of ad valorem taxation since the <br />later of: <br /> i. Five years before the date of the application; or <br /> ii. The date that the dwelling was erected upon or affixed to the land and became subject to <br />property tax assessment. <br /> <br />The dwelling to be replaced still exists on the property and the value has not been eliminated due to destruction or <br />demolition. The criterion is met. <br /> <br /> 5. For replacement of a lawfully established dwelling under this section: <br /> a. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential <br />use within three months after the date the replacement dwelling is certified for occupancy pursuant to <br />ORS 455.055. <br /> <br /> b. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling <br />to be replaced has been removed, demolished or converted. <br /> <br /> c. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel <br />that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed <br />records of the county in which the property is located a deed restriction prohibiting the siting of another <br />dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county <br />planning director, or the director's designee, places a statement of release in the deed records of the <br />county to the effect that the provisions of ORS 215.291 and either ORS 215.213 or 215.283 regarding <br />replacement dwellings have changed to allow the lawful siting of another dwelling. <br /> <br />There is no portion of the subject property that is zoned anything other than EFU, however this shall still be made <br />a condition of approval. <br /> <br /> d. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes <br />and other requirements relating to health and safety or to siting at the time of construction. <br /> e. The replacement dwelling must comply with the construction provisions of section R327 of the Oregon <br />Residential Specialty Code, if the dwelling is in an area identified as extreme or high wildfire risk on the <br />statewide map of wildfire risk described in ORS 477.490; or if no statewide map of wildfire risk has been <br />adopted. <br /> <br /> This shall be made a condition of approval to comply with both this section and the comments by Marion County <br />Building. <br /> <br />8. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement <br />as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an <br />adverse impact on a residence. <br /> <br />9. Based on the above findings, it has been determined that the proposal complies, or can be conditioned to comply, <br />with the criteria in the Marion County Code and is, therefore, APPROVED, subject to conditions. <br /> <br /> <br />Brandon Reich Date: May 2nd, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.