CU25-019 Staff Decision - Laserfiche WebLink

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8. The applicant shall allow for future site visits to confirm that land use regulations are being met. If the requirements of the Exclusive Farm Use zone code and this conditional use permit are not continually satisfied, this permit may be revoked by the Marion County Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or another instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in the Findings and Conclusions section below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 9. The applicants should contact the Aurora Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on May 20th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 21st, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The subject property is located southeast of the Butteville community, on the east side of Shultz Rd NE. The property is addressed off Shultz Rd NE but accessed off an unnamed public non-county road (3001). The property is entirely surrounded by EFU zoned farmland with associated farm dwellings. 3. The 3.1-acre subject property is developed with a home built in 1901, a couple small sheds, and an approximately 4,000 square-foot agricultural structure. Just over 1-acre of the property is graveled and apparently in use for parking vehicles in association with the business onsite. The parcel is specially assessed for farm use. The subject parcel has been described as a single parcel since prior to September 1, 1977. The parcel was described by deed in 1976 recorded on Reel 42, Page 344 of the Book of Land Records for Marion County, and has existed in the same configuration ever since. Therefore, this parcel is considered legal for land use purposes. 4. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Division commented: No Building Inspection concerns. If the storage and/or use of plastics or fertilizers exceed the maximum allowable quantities from OSSC Section 307 within a structure regulated by the state building code, then a permit may be required to address fire safety systems. Consultation with the local fire district to determine these quantities is recommended as Building Inspection has no authority over these existing structures unless a permit is applied for. Marion County Septic commented: A septic authorization will be required due to a change of use from a residence to a residence with an office serving a business. If plumbing will be proposed in the shop, and adequate fall can be met, an authorization will be required to connect to the existing septic system.