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property tax assessment. <br /> <br />The value of the dwelling has not been eliminated because the dwelling is still on the property and <br />the dwelling is still being taxed; the criterion in (b) is met. <br /> <br />5. For replacement of a lawfully established dwelling under this subsection: <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 ORS <br />455.055. <br /> <br />The applicants will be required to sign a Replacement Residence Declaratory Statement . This will be a <br />condition of approval. <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 that <br />is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records <br />of the county in which the property is located a deed restriction prohibiting the siting of another dwelling <br />on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning <br />director, or the director's designee, places a statement of release in the de ed records of the county to the <br />effect that the provisions of ORS 215.291 and either ORS 215.213 or 215.283 regarding replacement <br />dwellings have changed to allow the lawful siting of another dwelling. <br /> <br />The dwelling is not being sited on a portion of the property that is not zoned for exclusive farm use; the <br />criterion does not apply <br /> <br />d. A replacement dwelling under this subsection must comply with applicable building codes, plumbing <br />codes, sanitation codes and other requirements relating to health and safety or to siting at the time of <br />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 />It is a condition of approval that the proposed dwelling must obtain any applicable permits through Marion <br />County Building Inspection. Furthermore, the wildfire risk map standards do not apply as the map was <br />never adopted. The criterion is met. <br /> <br />f. If an applicant is granted a deferred replacement permit under this subsection, the deferred replacement <br />permit: <br />i. Does not expire but the permit becomes void unless the dwelling to be replaced is removed or <br />demolished within three months after the deferred replacement permit is issued; and <br />ii. May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of <br />the applicant. <br /> <br />The applicant is not requesting a deferred replacement; the criterion does not apply. <br /> <br />7. Based on the above findings, it has been determined that the dwelling previously on the property may be restored <br />or replaced. <br /> <br />8. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement <br />as a condition of approval, satisfying the requirements in MCC 17.139.070(B). This acknowledges that farm and <br />forest practices conducted in the area may have an adverse impact on a residence. <br /> <br /> <br />Brandon Reich Date: January 27th, 2026 <br />Planning Division Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision, contact Gillian Peden 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.