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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 <br />are removed from the hardship dwelling within 90 days of the date that the person with the hardship or the care <br />provider no 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 <br />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 /> <br />1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating that it <br />is 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 <br />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 under <br />Goals 3, 4, or both. <br /> <br />9. Based on the available evidence, Kenneth Ramsay’s circumstances constitute a hardship condition relating to the <br />aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence apart <br />from their family. The applicants indicate they plan to place a manufactured home for this dwelling, stating they <br />recognize it will be temporary in nature. The requirement that a Manufactured Dwelling/RV Removal or <br />Disconnect Agreement be filed by the applicant ensures that the manufactured home will be removed from the <br />property and no longer used for residential purposes when the hardship ceases. <br />Lastly, MCC 17.136.050(B) requires that a declaratory statement meeting the requirements of MCC <br />17.136.100(C) be filed and this serves to notify the applicant and subsequent owners that there are farm or timber <br />operations in the area. This shall be made a condition of approval. <br /> <br />The criteria under this section are met. <br /> <br />10. The following criteria apply to all conditional uses in the EFU zone and are being applied directly from ORS 215: <br /> <br />1) Approval requires review by the governing body or its designate under ORS 215.296. Uses may be <br />approved only where such uses: <br /> <br />a. Will not force a significant change in accepted farm or forest practices on surrounding lands <br />devoted to farm or forest use; and <br />b. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands <br />devoted to farm or forest use. <br />c. For purposes of subsection (a) and (b), a determination of forcing a significant change in accepted <br />farm or forest practices on surrounding lands devoted to farm and forest use or a determination of <br />whether the use will significantly increase the cost of accepted farm or forest practices on <br />surrounding lands devoted to farm or forest use requires: