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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. <br />If the aged or infirmed person does not return to the property within the time period described in subsection <br />(A)(5) of this section, then the aged or infirm person’s absence will be deemed an extended absence. <br /> <br />L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, and <br />shall continue to meet the above criteria in order to qualify for renewal. <br /> <br />M. For hardships in a resource zone based on a natural hazard event, the temporary residence may include a <br />recreational vehicle or the temporary residential use of an existing building when the temporary residence is <br />established within an existing building if the hardship is located within 100 feet of the primary residence or the <br />temporary residence is located further than 250 feet from adjacent lands planned and zoned for resource use <br />under Goals 3, 4, or both. <br /> <br />Based on the available evidence, Casey’s circumstances constitute a hardship condition relating to the aged, the <br />infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence apart from <br />their family. The evidence also indicates the proposed RV would be relatively temporary in nature. The <br />requirements that a Manufactured Dwelling/RV Removal or Disconnect Agreement be filed by the applicant <br />ensures that the RV will be removed or disconnected and no longer used for residential purposes when the <br />hardship ceases. <br /> <br />8. Since the property is located in an AR zone, the proposal must also satisfy the compatibility criteria in MCC <br />17.128.040 MCC. Those requirements are: <br /> <br />(a) The conditional use as described by the applicant will be in harmony with the purpose and intent of the <br />zone. <br /> <br />The purpose of the AR zone is to provide areas for residences within the rural areas of Marion County. The <br />proposed RV would serve as a temporary residence for an aged or infirmed person receiving care from the <br />occupant of the dwelling so they can continue to reside safely on the property. A temporary residence is in <br />harmony with the intent and purpose of the zone. The criterion is met. <br /> <br />(b) The use will not increase traffic beyond the capacity of existing roads.