AR26-009 Staff Decision - Laserfiche WebLink

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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 a full time employee of the farming operation. 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 Profit or Loss tax return documents for 2024 and 2025 showing gross income above the required $80,000 per year amount for all three years. This showing is consistent with the “last two 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 2024 and 2025. They provided a QuickBooks report for the profit and loss of purchased livestock, which provided the purchased livestock costs and the purchases from individual vendors. 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. The dwelling is not located in a big game habitat area. The criterion does not apply. 6. A deed restriction filed with the county clerk requiring removal of the home or removal, demolition or conversion to a nonresidential use if other residential structures are used, when the occupancy or use no longer complies with the criteria or standards under which the manufactured home was originally approved.