AR25-007 Staff Decision - Laserfiche WebLink

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8. The criteria for approving a secondary farm dwelling on high value farmland is contained in MCC 17.136.030 (B) (1): A. The primary dwelling and the proposed dwelling will each be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm uses, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator. The primary dwelling on the farm is occupied by the owner, the principal operator of the farm. The applicants state that the proposed secondary dwelling will be occupied by family members of the farm operator, both of which are engaged in year-round assistance on the farm. The criterion is met. B. There is no other dwelling on lands in the EFU, SA or FT zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm and could reasonably be used as an additional farm dwelling. The property contains only one dwelling, which is where the farm operator resides. There is no other dwelling on the farm that could be used as an additional farm dwelling. The criterion is met. C. The proposed dwelling will be located: i. On the same lot or parcel as the primary farm dwelling; or ii. On the same contiguous ownership as the primary dwelling, and the lot or parcel on which the proposed dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the same ownership; or iii. On a lot or parcel on which the primary farm dwelling is not located, when the secondary farm dwelling is limited to only a manufactured dwelling with a deed restriction filed with the county clerk. The deed restriction shall require the additional dwelling to be removed when the lot or parcel is conveyed to another party. Occupancy of the additional farm dwelling shall continually comply with subsection (B)(1) of this section; or iv. On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable State Building Code or similar types of farm worker housing as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. The county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farm worker housing is no longer required; or v. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size and the lot or parcel complies with the gross farm income requirements in subsection (B)(4) of this section, whichever is applicable. This application falls under (ii) above. The proposed dwelling will be situated on the same contiguous tract as the primary dwelling. The applicants indicate this dwelling will be a stick-built home, and that they plan to file a deed restriction stating that both parcels shall be bought and sold together and shall not qualify any other land for farm dwelling, unless the dwelling is removed. This will also be a condition of approval. The criterion are met. D. The primary dwelling to which the proposed dwelling would be accessory satisfies the following criteria: OAR 660-033-0130(24) states: The applicant shall submit to the local government an IRS tax return transcript and any other information the county may require that demonstrates compliance with the gross farm income requirements in paragraph (b)(A) or (B), whichever is applicable.