AR26-007 Staff Decision - Laserfiche WebLink

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to be removed, demolished or converted to a nonresidential use when farm worker housing is no longer required; or 5. 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. The proposed dwelling will be sited on the same parcel as the primary farm dwelling, consistent with subsection (i.) above. The proposed secondary dwelling will be built on site to accommodate the farm operators’ son, daughter, and both of their spouses and children. The applicants expressed that they understood that a new deed restriction for this secondary farm dwelling will be required. The criterion is met. 4. The primary dwelling to which the proposed dwelling would be accessory satisfies the following criteria: i. On land not identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $40,000 gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years; or ii. On land identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $80,000 in gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years; The subject tract consists of high value farmland. The applicant submitted Schedule F Profit or Loss tax return documents for 2022, 2023 and 2024 showing gross income above the required $80,000 per year amount for all three years. This showing is consistent with the “three of the last five years” of section (ii.) above. The criterion is met. iii. The primary dwelling is located on a commercial dairy farm as defined in this chapter; and 1. The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm; and 2. The Oregon Department of Agriculture has approved a permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 through 468B.230; and 3. The Oregon Department of Agriculture has approved a producer license for the sale of dairy products under ORS 621.072; The applicant is not a commercial dairy farm and is not applying under this provision. The criterion does not apply. iv. In determining the gross income in subsections (B)(4)(a) and (b) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. The applicant purchased and sold livestock in 2022. The gross annual income still exceeded the minimum required after subtracting the cost of the livestock. The criterion is met. 5. The dwelling will be consistent with the fish and wildlife habitat policies of the Comprehensive Plan if located in a designated big game habitat area.