CU24-045 Staff Decision - Laserfiche WebLink

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2. In the case of an existing building, the renovations or modifications made to an existing building to be used for inhabitation must be removed. a. The existing building shall be returned to similar conditions as its previous use; or b. If the existing building is not going to be returned to its previous use then the building must be used for either a permitted use or a new use application for the existing building must be obtained. 3. In the case where an agricultural exemption is sought for an existing building, a new application must be approved regardless of any previously approved agricultural exemption. The applicants shall be required to sign a declaratory statement for the removal of the manufactured home as part of the conditions of approval for establishing this new medical hardship. The criterion is met. J. Applicants are responsible for ensuring that all caregivers and/or other persons residing in the hardship dwelling are removed from the hardship dwelling within 90 days of the date that the person with the hardship or the care provider no longer resides in the hardship dwelling or on the property. 1. Applications for a hardship dwelling must include a description of how the applicant will ensure this condition is met. This shall be a condition of approval for establishing this new medical hardship. The criterion is met. K. At the time of renewal of a hardship dwelling permit, if the aged or infirm person has been on a temporary absence or medically necessary absence from the property for at least 30 consecutive days prior to submission of the renewal application, the application must include: 1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating that it is reasonably likely that the aged or infirm person will return to the property within the renewal period; or 2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting forth the date on which the aged or infirm person will return to the property. If the aged or infirmed person does not return to the property within the time period described in subsection (A)(5) of this section, then the aged or infirm person’s absence will be deemed an extended absence. This shall be a condition of approval for establishing this new medical hardship. The criterion is met. L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, and shall continue to meet the above criteria in order to qualify for renewal. This shall be a condition of approval for establishing this new medical hardship. The criterion is met. M. For hardships in a resource zone based on a natural hazard event, the temporary residence may include a recreational vehicle or the temporary residential use of an existing building when the temporary residence is established within an existing building if the hardship is located within 100 feet of the primary residence or the temporary residence is located further than 250 feet from adjacent lands planned and zoned for resource use under Goals 3, 4, or both. This hardship is not related to a natural hazard event. The criterion does not apply. 8. Since the property is located in an SA zone, the proposal must also satisfy the conditional use criteria in MCC 17.137.060(A). Those requirements are: (1) The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary.