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CU25-032 Staff Decision
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CU25-032 Staff Decision
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Last modified
8/22/2025 10:12:12 AM
Creation date
8/22/2025 10:12:23 AM
Metadata
Fields
Template:
Land Use
Case_Number
25-032
Document_Date
8/22/2025
Land Use Type
Conditional Use
Tax_Lot_Number
082W13C005700
Document_Type
Decision
Site_Address
5987 SHAW CENTER PL SE
Text box
ID:
1
Creator:
EDIAZ
Created:
8/22/2025 10:12 AM
Modified:
8/22/2025 10:11 AM
Text:
https://www.codepublishing.com/OR/MarionCounty/#!/MarionCounty01/MarionCounty0125.html#1.25.030
ID:
2
Creator:
EDIAZ
Created:
8/22/2025 10:12 AM
Modified:
8/22/2025 10:11 AM
Text:
https://www.codepublishing.com/OR/MarionCounty/#!/MarionCounty01/MarionCounty0125.html#1.25.050
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5. Caregivers may not be charged any rent or otherwise required to provide financial compensation to live <br />in the hardship dwelling during a temporary absence or medically necessary absence. <br />If as a part of any agreement to provide caretaking services, the caregiver was required to provide <br />financial compensation or incur a financial obligation in order to reside within the hardship dwelling then <br />that arrangement will not violate this subsection (E)(5); provided, that the arrangement existed prior to the <br />temporary absence or medically necessary absence. <br /> <br />F. Extended absence from the property by the aged or infirm person(s), or caregiver(s) when the hardship permit <br />dwelling is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship permit is no <br />longer necessary to provide care to the aged or infirm person(s). <br />1. Extended absence from the property may result in revocation of the hardship permit; issuance of a <br />citation pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to <br />MCC 1.25.050. <br />2. Notice will be provided to the owner of any substantiated violation of this subsection (F) 30 days prior to <br />the effective date of a revocation of the hardship permit made pursuant to subsection (F)(1) of this section. <br /> <br />G. A mobile home or recreational vehicle being used as a hardship dwelling shall to the extent permitted by the <br />nature of the property and existing development: <br />1. Be located as near as possible to other residences on the property; <br />2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least suitable <br />for farm or forest use, if it is not feasible to locate it near an existing residence; <br />3. Not require new driveway access to the street; <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 />H. For an existing building to be used as a hardship dwelling it must: <br />1. Be suitable for human habitation; <br />2. Comply with all building and specialty codes (for example, but not limited to, electrical, plumbing, and <br />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 />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 services. <br />a. An agreement to comply with this requirement shall be signed by the applicant, and the owner of <br />the recreational vehicle if different than the applicant. <br />b. Oregon Department of Environmental Quality removal requirements also apply. <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 used <br />for either a permitted use or a new use application for the existing building must be obtained. <br />3. In the case where an agricultural exemption is sought for an existing building, a new application must be <br />approved regardless of any previously approved agricultural exemption. <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 or <br />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 this <br />condition is met. <br /> <br />K. At the time of renewal of a hardship dwelling permit, if the aged or infirm person has been on a temporary <br />absence or medically necessary absence from the property for at least 30 consecutive days prior to submission of <br />the renewal application, the application must include: <br />1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating <br />that it is reasonably likely that the aged or infirm person will return to the property within the renewal <br />period; or <br />2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting forth <br />the date on which the aged or infirm person will return to the property.
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