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4. “Domicile” means the intention of the aged or infirmed person(s) or caregiver(s) to live on the property <br />or in the hardship permit dwelling as that person’s primary residence; <br />5. “Extended absence” means that the person(s) for whom the hardship dwelling permit was granted has <br />not lived at the hardship dwelling for more than 165 days per calendar year or 165 consecutive days; <br />6. “Hardship” means a medical hardship or hardship for the care of an aged or infirm person or persons; <br />7. “Hardship permit” means a conditional use permit granted under ORS 215.283(2)(L) and this section to <br />allow for the use of a hardship permit dwelling on the property for a period of one year; <br />8. “Hardship permit dwelling” means a temporary mobile home, recreational vehicle, or existing building <br />used for the care of an aged or infirmed person who is or will be domiciled on the property; <br />9. “Medically necessary absence” means an extended absence that is necessary for the aged or infirm <br />person to receive medical care or treatment; <br />10. “Owner” has the same meaning as defined in MCC 17.110.425; and <br />11. “Temporary absence” means a period of up to 165 days per calendar year or 165 consecutive days, in <br />which the aged or infirm person(s) has not lived on the property. <br /> <br />B. An application for a hardship permit must be submitted in writing. <br />1. An application must: <br />a. Include the name of the aged or infirm person(s) for whom the hardship permit is sought; <br />b. Include a signed statement from a licensed medical professional indicating whether the aged or <br />infirm person has a hardship as defined in subsection (A) of this section. The statement shall also <br />attest whether the licensed medical professional is convinced the person(s) with the hardship must be <br />provided the care so frequently or in such a manner that the caregiver(s) must reside on the same <br />premises; <br />c. Identify whether the aged or infirm person(s) and/or caregiver(s) will be residing in the hardship <br />permit dwelling. <br />2. Only the owner(s) of a property may submit an application for a hardship permit. <br />3. If additional information is required to clarify any portion of an application, the owner(s) will be notified <br />in writing of the deficiencies within the application. <br /> <br />C. In the EFU, SA, FT and TC zones, occupancy of a hardship permit dwelling is limited to the term of the <br />hardship suffered by the existing resident or a relative as defined in ORS 215.283(2)(L). <br /> <br />D. When the aged or infirm person must be provided care so frequently or in such a manner that caregiver(s) <br />must reside on the same premises, the aged or infirm person and/or those caregivers providing care for the aged <br />or infirm person may temporarily reside in the hardship permit dwelling for the term necessary to provide care. <br />1. Those providing the care must show that they will be available and have the skills to provide the care <br />required, as described by the licensed medical professional. <br />2. Caregivers may reside within a hardship permit dwelling during periods of absence and medically <br />necessary absence. <br />3. Caregivers shall not have any financial or expense obligation increased for residing in the hardship <br />dwelling during periods of absence and medically necessary absence. <br /> <br />E. A temporary absence or medically necessary absence from the property by the aged or infirm person(s) will <br />not result in the revocation or denial of a hardship permit. <br />1. When a medically necessary absence results in the aged or infirm person(s) living off of the property for <br />more than 165 days in one calendar year or 165 consecutive days they must provide notice of the medically <br />necessary absence to prevent the absence from being considered an extended absence. <br />2. Notice of a medically necessary absence that will result in the aged or infirm person(s) living off of the <br />property for more than 165 days in one calendar year or 165 consecutive days must be provided within 14 <br />days of learning that the absence from the property will result in the aged or infirm person having to live <br />away from the property for more than 165 days in one calendar year or 165 consecutive days. <br />3. Notice of a medically necessary absence must: <br />a. Be submitted in writing; <br />b. Include a statement from a licensed medical provider outlining that the absence from the property <br />is necessary for the care or medical treatment of the aged or infirm person; <br />c. Provide an estimate as to when the aged or infirm person(s) will return to the property; <br />d. Include an assessment from the licensed medical professional on whether or not the aged or infirm <br />person(s) will be able to reside on the property again.