Planning and Zoning News
Expanded Provisions for Replacement Dwellings in the Exclusive Farm Use Zone - HB2746
The Oregon Legislature recently passed House Bill 2746, which became effective January 1, 2014. This bill expands the provisions for replacement dwellings and intended, primarily, to enable farm properties with deteriorated dwellings to replace them even after they are no longer structurally sound. Key provisions of this bill include:
· Allows dwellings to be replaced that have or “formerly had” structural integrity, where certain requirements are met. “Formerly had” may mean that the dwelling is no longer present or that it has deteriorated to the point that it no longer has structural integrity.
· The dwelling to be replaced has been assessed as a dwelling for purposes of ad valorem taxation for either the previous five years or, if the dwelling was erected sooner than that, from the time the dwelling was erected.
· Provides an exception to the requirement of tax assessment as a dwelling if the dwelling was destroyed through no fault of the owner, or if the dwelling was demolished for purposes of restoration. In such cases, the dwelling must have been assessed as a dwelling until the date of destruction or demolition.
· Adds siting standards for replacement dwellings for units that cannot currently meet the standards for structural integrity. Replacement dwellings for units that can currently meet these standards are not subject to these siting standards.
· Changes the period in which dwellings to be replaced must be demolished, removed or converted from three months to one year, unless the structure is deemed to be unsafe or an attractive nuisance, in which case action may be required within 90 days.
· Provides that permits for replacement dwellings that have lapsed are deemed valid if exercised within one year of the effective date of the bill.
· Sunsets all HB2746 provisions on January 2, 2024. At that time, previous replacement dwelling provisions will be reintroduced. Fore more information, contact the Planning Division at (503) 588-5038