CU26-016 Staff Decision - Laserfiche WebLink

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