Baker County, Oregon



FARM AGRICULTURAL BUILDING EXEMPTION AFFIDAVIT

**Applications subject to department review and approval.**

|Baker County Planning Department |Farm Agriculture/Equine Building Exemption Request |

|1995 Third Street, Suite 131 |Department of Consumer & Business Services • Building Codes Division |

|Baker City, Oregon 97814 |1535 Edgewater St. NW, Salem, Oregon |

|Phone: 541-523-8219; Fax: 541-523-5925 |Mailing address: P.O. Box 14470, Salem, OR 97309-0404 |

|Web: planning@ |Phone: (503) 378-4133; Fax: (503) 378-2322 |

| |Web: bcd. |

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INFORMATION AND AFFIDAVIT TO BE COMPLETED BY THE PROPERTY OWNER OR LEASE OWNER

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Owner / Applicant Name:

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Site Address: Site Plan Submitted: □Yes □No

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Mailing Address:

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Phone Number: Email Address:

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Township: Range: Section: Tax Lot: Ref. No.:

[pic]Zoning Designation: Farm Tax Deferral: □Yes □No

[pic]Flood Zone: □Yes □No Map:

[pic]Flood Elevation Certificate: □Yes, the certificate is on file with the Planning Department.

□No— a certificate will need to be obtained prior to issuing this approval.

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Is the subject building located on a farm and used in the operation of a farm? □Yes □No

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Describe the intended use of the proposed building (be specific):

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Check which of the following agricultural-building uses applies to your building:

□ Storage, maintenance, repair of farm machinery, equipment and supplies used on this farm

□ Raising, harvesting or selling of crops raised on this farm.

□ Feeding, breeding, management and sale of livestock, poultry, fur bearing animals or honey bees on this farm.

□ Dairying and sale of dairy products produced on this farm.

□ Other agricultural, horticultural or animal husbandry use.

□ Equine facility: Stabling, training, riding lessons and clinics.

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What is the maximum number of people (including employees, owners, etc…) that will be present in the building at any one time?

[pic]Will this structure be used by the public at any time? □Yes □No

If yes, please explain:

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Will there be a restroom facility provided? □Yes □No

(If yes, please indicate on the site plan where the restroom will be located.)

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Which of the following systems will the proposed structure have?

A separate permit is required from the Baker City Building Department for each of these four systems:

□Electrical □Mechanical □Plumbing □Septic—DEQ approval required

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If the structure will contain electrical wiring, please provide the following information:

|Will there be a concrete slab either within or adjacent to the building? Yes No |

|Will there be farm animals (poultry excluded) within the building at any time? Yes No |

|Will there be farm animals on the concrete slab? Yes No |

|If the answers to questions 1 and 2 are “yes,” see “A” below. An electrical permit is required before placing concrete. |

|Will the building be used for storage of feed, hay, or straw? Yes No |

|Will the building be used for major repair of motor vehicle equipment? Yes No |

|The National Electrical Code defines major repair as “engine overhauls, painting, body and fender work, and repairs that require draining of the |

|motor vehicle fuel tank. |

|Electrical concerns if the answer to any of the above questions is yes: |

|If there is a concrete slab either in the building or immediately adjacent, in an area where farm animals will occupy or stand at any time, the |

|animals may be either distressed or killed by current that would not affect humans. The slab is required to have an electrical grounding system. |

|(547.10) |

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|If the building is used for storing feed, hay, or straw, the electrical wiring must be installed in a dustproof manner. [547.5 (C), 547.I (A)] |

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|If the building is used for major repairs of motor vehicle equipment, the electrical wiring may have to meet special wiring requirements. (547.3) |

|(Article 500-501) |

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|If the answer to both items 1 and 2 above are “yes,” contact the local electrical inspector or your electrical contractor to determine the |

|requirements for the grounding system in the slab prior to placing the concrete. Provide your electrical contractor with a copy of this page or |

|contact the local electrical inspector for specific requirements before beginning electrical work. |

CERTIFICATION

I, __________________________________________, do hereby swear and affirm that I have read the applicable criteria on pages 4 through 6 of this application, and my statements submitted herein are true and correct. I further affirm that the agricultural building, described herein, is located on a parcel described as Tax Lot ________ in Section ________ of Township ________ South, Range _______ East, W.M., Baker County, Oregon, Reference Number ________, which is currently in farm use as defined by ORS 215.203(2)(b), and that the agricultural building will be principally used for farm use, such as planting, harvesting, marketing, caring for livestock and/or storage of farm equipment, at a commercial scale. I understand and acknowledge that should the agricultural building be converted to a non-agricultural use (e.g., single-family dwelling, garage, home-occupancy, etc…), I will obtain the required permits from the Baker County Planning Department and the Baker City Building Department prior to such conversion. I understand that the failure to obtain the appropriate permits may result in action to enforce the applicable building codes for such structure and use, including civil penalties. I understand that a post-occupancy inspection may be made to assure continuing compliance with the agriculture building requirements.

By: ___________________________________________ _______________________________

Signature Date

By: ___________________________________________ _______________________________

Signature Date

Signed or attested before me this _______________day of ____________________, 20______.

_____________________________________________

Notary Public for Oregon

My Commission Expires _________________, 20_____

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LEIN HOLDER, TRUST DEED BENEFICIARY, OR MORTGAGE HOLDER SIGNATURE

Date:

Institution:

Authorized Signature:

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FOR OFFICIAL USE ONLY

Date:

Baker County Planning Department: Approved Denied

Print Name: Signature:

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Date:

Baker City Building Department: Approved Denied

Print Name: Signature:

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APPLICABLE CRITERIA

PLEASE READ CAREFULLY

BEFORE SIGNING & SUBMITTING YOUR APPLICATION

• AUTHORIZED AGRICULTURAL BUILDING EXEMPTION:

State law (ORS 455.315-see below) allows exemption from the requirement for a building permit and inspections under the Oregon State Structural Specialty Code when the owner certifies that the proposed building meets the agricultural building requirements.

• ORS 455.315 EXEMPTION OF AGRICULTURAL BUILDINGS:

(2) As used in this section:

(a) “Agricultural building” means a structure located on a farm and used in the operation of the farm for:

(A) Storage, maintenance or repair of farm machinery and equipment;

(B) The raising, harvesting and selling of crops;

(C) The feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees;

(D) Dairying and the sale of dairy products; or

(E) Any other agricultural or horticultural use or animal husbandry, or any combination thereof, including the preparation and storage of the produce raised on the farm for human use and animal use and disposal by marketing or otherwise.

(b) “Agricultural building” does not mean:

(A) A dwelling;

(B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

(C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;

(D) A structure used by the public; or

(E) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated there under.

(c) “Agricultural grading” means grading related to a farming practice as defined in ORS 30.930.

(d) “Equine facility” means a building located on a farm and used by the farm owner or the public for:

(A) Stabling or training equines; or

(B) Riding lessons and training clinics.

(e) “Equine facility” does not mean:

(A) A dwelling;

(B) A structure in which more than 10 persons are present at any one time;

(C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476; or

(D) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated there under.

(3) Notwithstanding the provisions of subsection (1) of this section, incorporated cities may regulate agricultural buildings and equine facilities within their boundaries pursuant to this chapter. [Formerly 456.758 and then 456.917; 1995 c.783 §1; 2003 c.74 §1; 2005 c.288 §3]

• ORS 215.203 ZONING ORDINANCES ESTABLISHING EXCLUSIVE FARM USE ZONES:

(2)(a) As used in this section, “farm use” means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof.

“Farm use” includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use.

“Farm use” also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows. “Farm use” also includes the propagation, cultivation, maintenance and harvesting of aquatic, bird and animal species that are under the jurisdiction of the State Fish and Wildlife Commission, to the extent allowed by the rules adopted by the commission.

“Farm use” includes the on-site construction and maintenance of equipment and facilities used for the activities described in this subsection.

“Farm use” does not include the use of land subject to the provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees as defined in subsection (3) of this section or land described in ORS 321.267 (3) or 321.824 (3).

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• COMMERCIAL AGRICULTURAL ENTERPRISE

(2)(a) "Commercial Agricultural Enterprise" consists of farm operations that will:

(A) Contribute in a substantial way to the area's existing agricultural economy; and

(B) Help maintain agricultural processors and established farm markets.

(b) When determining whether a farm is part of the commercial agricultural enterprise, not only what is produced, but how much and how it is marketed shall be considered. These are important factors because of the intent of Goal 3 to maintain the agricultural economy of the state.

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• BCZSO SECTION 401 SETBACKS AND FRONTAGE REQUIREMENTS:

A. APPLICATION

These requirements shall apply to all structures except for adjustments permitted in Section 402. See also Section 407(B).

B. STANDARDS

1) The minimum land width at the front building lines shall be 220 feet.

2) No part of a structure shall be constructed or maintained closer than 60 feet to the center line of a road or street, or 30 feet from any right-of-way in excess of 60 feet.

3) No part of a building or other structure, except for a sign, shall be constructed or maintained closer than 10 feet to any property line.

4) No part of a building or other structure requiring a building permit or farm use affidavit or a road to access such development, shall be constructed within 50 feet of a naturally occurring riparian area, bog, marsh or waterway.

• BCZSO SECTION 402 ADJUSTMENT TO SETBACKS AND FRONTAGE REQUIREMENTS:

A. Setbacks shall not apply to those structures that are reasonably expected to be on or near a property line such as mailboxes, ditches, roads, or streets, bridges, and fences. See Section 404.

B. The minimum land width at the front building line shall not be reduced as the result of a variance to less than 50 feet.

C. If there are buildings on both abutting lots which are within 100 feet of the intervening lot, and the buildings have setbacks from a street center line of less than the required depth, the setback for the intervening lot need not exceed the average depths of the setbacks of the abutting lot and the required setback.

D. If there is a building on one abutting lot which is within 100 feet of the lot, and this building has a setback from the street center line of less than the required depth for the zone, the setback for the lot need not exceed a depth halfway between the depth of the setback of the abutting lot and the required setback.

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• SITE PLAN:

Please include the following features on the Site Plan (see page 7):

• Property boundaries and dimensions

• Proposed and existing structures with dimensions and the distance from all property lines.

• If known, the location of existing wells and septic systems (i.e. tanks, drain fields).

• Width and names of roads used to provide access to parcel.

• Existing or proposed driveway access, including turn-out points from roadway.

• Any easements or right-of-ways.

• Approximate location of any unusual topographical features.

• Location of any creeks, streams, ponds, springs, and irrigation ditches on the parcel.

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• UNDER PENALTY OF PERJURY

ORS 162.065(1) defines Perjury as:

A person commits the crime of perjury if the person makes a false sworn statement in regard to a material issue, knowing it to be false.

ORS 162.055(2) defines Material as:

“Material” means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is “material” in a given factual situation is a question of law.

SITE PLAN

Please review the Site Plan requirements on page 5, prior to completing the Site Plan. Please be as accurate and detailed as possible. A copy of the Site Plan and the completed Agricultural Exempt Permit will be submitted to the Baker City Building Department upon

approval by the Baker County Planning Department.

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