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2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least suitable for farm <br />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 approved by the <br />county sanitarian. <br /> <br />H. For an existing building to be used as a hardship dwelling it must: <br /> <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 approved by the <br />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 hardship or <br />the care provider no longer reside on the property. <br /> <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 the <br />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 used for <br />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 for <br />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 dwelling are <br />removed from the hardship dwelling within 90 days of the date that the person with the hardship or the care provider no <br />longer resides in the hardship dwelling or on the property. <br /> <br />1. Applications for a hardship dwelling must include a description of how the applicant will ensure this condition is <br />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 absence or <br />medically necessary absence from the property for at least 30 consecutive days prior to submission of the renewal <br />application, the application must include: <br /> <br />1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating that it is <br />reasonably likely that the aged or infirm person will return to the property within the renewal period; or <br />2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting forth the date <br />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 (A)(5) <br />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 shall <br />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 recreational <br />vehicle or the temporary residential use of an existing building when the temporary residence is established within an <br />existing building if the hardship is located within 100 feet of the primary residence or the temporary residence is located <br />further than 250 feet from adjacent lands planned and zoned for resource use under Goals 3, 4, or both. <br /> <br />8. Based on the available evidence, Thomas and Florence's physical circumstances constitute a hardship condition <br />relating to the aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached <br />residence apart from their family. The evidence also indicates the proposed manufactured home/RV would be <br />relatively temporary in nature. The requirements that a Manufactured Dwelling/RV Removal or Disconnect