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CU25-042 Staff Decision
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CU25-042 Staff Decision
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Last modified
12/3/2025 9:22:01 AM
Creation date
12/3/2025 9:22:15 AM
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Land Use
Case_Number
25-042
Document_Date
12/3/2025
Land Use Type
Conditional Use
Tax_Lot_Number
042W360000100
Document_Type
Decision
Site_Address
18000 BLOCK OF BUTTEVILLE RD NE
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8. The applicant shall establish and maintain a screening buffer along the southern property line consisting of a solid <br />vegetative buffer that will grow to at least 8-feet in height within 3 years of planting or 8-foot solid fence. <br />Alternative methods of screening may be approved subject to review by the Planning Director. <br /> <br />ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually <br />satisfied: <br /> <br />9. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are <br />permitted upon review and approval of the Planning Director. <br /> <br />10. Services provided by the excavation business are limited to excavation activities in conjunction with farm use <br />with ancillary excavation services for non-farm projects. All provided services in conjunction with farm use shall <br />constitute at least 75% of the operation. Ancillary non-farm related services shall not exceed 25%. <br /> <br />11. All gas and diesel powered motor tools and equipment, such as excavators, with the exception of cars and pickup <br />trucks, shall not operate before 7am or after 8pm, and the operations of the business shall adhere to the noise <br />ordinance section of the Marion County Comprehensive Plan (MCC 8.45). <br /> <br />12. The proposed commercial business shall continuously operate in compliance with all applicable state and federal <br />air and water quality standards, including but not limited to agencies such as the Oregon Department of <br />Environmental Quality. <br /> <br />13. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any <br />revocation could be appealed to the county hearings officer for a public hearing. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying restrictions or conditions thereon. It is recommended that agencies mentioned in Finding #6 <br />below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />14. The applicants should contact the Woodburn Fire District to obtain a copy of the District’s Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. <br />Fire District access standards may be more restrictive than County standards. <br /> <br />15. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional <br />Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150-day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on December 18th, 2025. If you have <br />questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />December 19th, 2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated primary agriculture in the Marion County Comprehensive Plan. The major <br />purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to promote the continuation <br />of commercial agricultural and forestry operations.
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