CU25-021 Staff Decision - Laserfiche WebLink

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a. If as a part of any agreement to provide caretaking services, the caregiver was required to provide financial compensation or incur a financial obligation in order to reside within the hardship dwelling then that arrangement will not violate Section E.4, provided that the arrangement existed prior to the temporary absence or medically necessary absence. F. Extended absence from the property by the aged or infirm person(s), or caregiver(s) when the hardship permit dwelling is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship permit is no longer necessary to provide care to the aged or infirm person(s). 1. Extended absence from the property may result in revocation of the hardship permit; issuance of a citation pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to MCC 1.25.050. 2. Notice will be provided to the owner of any substantiated violation of Section F. 30 days prior to the effective date of a revocation of the hardship permit made pursuant to Section F.1. G. A mobile home or recreational vehicle being used as a hardship dwelling shall to the extent permitted by the nature of the property and existing development: 1. Be located as near as possible to other residences on the property; 2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least suitable for farm or forest use, if it is not feasible to locate it near an existing residence; 3. Not require new driveway access to the street; 4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by the county sanitarian. H. For an existing building to be used as a hardship dwelling it must: 1. Be suitable for human habitation; 2. Comply with all building and specialty codes (for example, but not limited to, electrical, plumbing, and sanitation) applicable to dwellings; 3. Not require new driveway access to the street; and 4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by the county sanitarian. I. One of the residences shall be removed from the property within 90 days of the date the person(s) with the hardship or the care provider no longer reside on the property. 1. In the case of a recreational vehicle, it shall be rendered uninhabitable by disconnection from services. a. An agreement to comply with this requirement shall be signed by the applicant, and the owner of the recreational vehicle if different than the applicant. b. Oregon Department of Environmental Quality removal requirements also apply. 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. 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. 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: