AR25-040 Staff Decision - Laserfiche WebLink

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The dwelling to be replaced was demolished by wildfire in 2020 and is no longer assessed as a dwelling. The dwelling was assessed in each of the previous 5 years before loss. Therefore, the dwelling to be replaced meets the conditions of (a)(i). 5. For replacement of a lawfully established dwelling under this section: a. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055. b. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted. The dwelling has already been demolished. The criteria are met. c. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director's designee, places a statement of release in the deed records of the county to the effect that the provisions of ORS 215.291 and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling. The applicant’s property is completely in the TC zone, the criterion does not apply d. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. e. The replacement dwelling must comply with the construction provisions of section R327 of the Oregon Residential Specialty Code, if the dwelling is in an area identified as extreme or high wildfire risk on the statewide map of wildfire risk described in ORS 477.490; or if no statewide map of wildfire risk has been adopted. The applicant understands that the replacement dwelling must comply with the requirements within the building, plumbing, sanitation, and other codes needed for the placement of a new dwelling. A floodplain permit will be required for any structures or development in the FEMA identified floodplain. These shall be conditions of approval. The criteria are met. 8. 17.138.070 Existing dwellings and other structures. For the purposes of regulating dwellings and structures existing at the time the TC zone is applied, the following regulations shall apply: A. Legally established dwellings existing when the TC zone is applied shall be considered in conformance with the TC zone and may be repaired, altered, enlarged or replaced pursuant to MCC 17.138.020(E) or 17.138.030(D). B. Legally established structures accessory to a dwelling or a farm or forest use and existing when the TC zone is applied shall be considered in conformance with the TC zone and may be repaired, replaced, altered, or enlarged. New structures shall be permitted if accessory to a legally established dwelling existing when the TC zone is applied. C. Notwithstanding MCC 17.114.070, if a legally established non-resource use exists in the TC zone and is unintentionally destroyed by fire, other casualty or natural disaster, the use may be reestablished to its previous nature and extent, but the reestablishment shall satisfy other building codes, ordinances and permit requirements. Efforts to reestablish the use shall commence within one year of destruction of the use or structure.