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2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least <br />suitable for farm or forest use, if it is not feasible to locate it near an existing residence; <br /> <br />The applicants are proposing to place the hardship dwelling in an area that has already been leveled and <br />graveled/paved; it serves as the parking area in the rear of the primary dwelling. This location is the most suitable <br />location to maintain proximity to the primary dwelling due to the existing layout of accessory structures, and <br />setbacks to the western property line. The criterion is met. <br /> <br />3. Not require new driveway access to the street; <br /> <br />No new driveway access is needed, the hardship dwelling will use the existing driveway. The criterion is met. <br /> <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be <br />approved by the county sanitarian. <br /> <br />Inspection and approval by a county sanitarian, as required by Marion County Building Inspection Division, shall <br />be a condition of approval. The criterion is met. <br /> <br />H. For an existing building to be used as a hardship dwelling it must: <br /> <br />1. Be suitable for human habitation; <br />2. Comply with all building and specialty codes (for example, but not limited to, electrical, <br />plumbing, and sanitation) applicable to dwellings; <br />3. Not require new driveway access to the street; and <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be <br />approved by the county sanitarian. <br /> <br />The applicants are not proposing to convert an existing structure. The criterion does not apply. <br /> <br />I. One of the residences shall be removed from the property within 90 days of the date the person(s) with the <br />hardship or the care provider no longer reside on the property. <br />1. In the case of a recreational vehicle, it shall be rendered uninhabitable by disconnection from <br />services. <br />a. An agreement to comply with this requirement shall be signed by the applicant, and the owner <br /> of the recreational vehicle if different than the applicant. <br /> b. Oregon Department of Environmental Quality removal requirements also apply. <br /> <br />2. In the case of an existing building, the renovations or modifications made to an existing building to be <br /> used for inhabitation must be removed. <br /> a. The existing building shall be returned to similar conditions as its previous use; or <br /> b. If the existing building is not going to be returned to its previous use then the building must be <br /> used for either a permitted use or a new use application for the existing building must be <br /> obtained. <br />3. In the case where an agricultural exemption is sought for an existing building, a new application <br />must be approved regardless of any previously approved agricultural exemption. <br /> <br />Approval shall be conditioned on a Manufactured Dwelling/RV Removal Hardship Agreement being recorded <br />with the Marion County Clerk’s Office. The criterion is met. <br /> <br />J. Applicants are responsible for ensuring that all caregivers and/or other persons residing in the hardship <br />dwelling are removed from the hardship dwelling within 90 days of the date that the person with the hardship <br />or the care provider no longer resides in the hardship dwelling or on the property. <br />1. Applications for a hardship dwelling must include a description of how the applicant will ensure <br />this condition is met. <br /> <br />This shall be a condition of approval. The criterion is met.