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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 is still on the property and is currently being assessed by the Marion County Tax Assessor’s office <br />to the property. Therefore, it meets the criteria listed under letter b above. The criterion is met. <br /> <br /> 5. For replacement of a lawfully established dwelling under this section: <br /> <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 /> 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 /> <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 />A declaratory statement for a Replacement Residence will be required as a condition of approval to ensure <br />compliance with letter a above and meet the requirement of letter b. The entirety of the parcel is zoned EFU, so <br />criterion c does not apply. Marion County Building commented that building permits are necessary and it has <br />been made a condition of approval to obtain all required building permits with Marion County Building. Finally, <br />the subject property is not in an area identified as extreme or high wildfire risk so criterion e does not apply. As <br />such, all criteria under this section are satisfied. <br /> <br />8. At the time of replacement, the applicant will be re quired 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: July 3rd, 2025 <br />Planning Division Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact Alex 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.