HomeMy WebLinkAboutRV - Medical Hardship CasesCommunity Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Kristen Maze, Associate Planner
DATE: September 4, 2008
MEETING: September 17, 2008
SUBJECT: Text Amendment Review for Manufactured Homes or RV's as Temporary
Medical Hardship Dwellings
Purpose
At the July 30, 2008 work session, and second reading and adoption of Ordinance 2008-022,
the Board of County Commissioners (Board) requested a review of other county codes that
allow temporary medical hardship dwellings. The Board expressed concerns about the current
code that allows manufactured homes as temporary medical hardship dwellings. Their specific
concerns are the length of time a manufactured home can remain on a property, removing a
manufactured home following the temporary use, as well as the perception that many temporary
manufactured homes become permanent second dwellings.
Staff reviewed five temporary medical hardship dwelling codes. They are summarized below
and outlined in a table. Excerpts of the codes are also attached to this memorandum. As noted
below, some counties require deed restrictions stating that the RV or manufactured home is
temporary and the permit is not transferable when the property is conveyed to another party.
Others require time limits on the temporary medical hardship dwelling.
Clackamas County
Clackamas County places numerous requirements on temporary medical hardship dwellings
and then qualifies them with an exception process, provided the applicant can provide adequate
findings. Their code clearly states that temporary dwellings shall not be used for rental income.
They require the applicant to explore a reasonable alternative care provider including other
adults that live with the care recipient. Also, there must be a need for care and a statement
from a licensed healthcare provider within 90 days preceding the date of the application that
address the definition of care for the recipient. Clackamas County grants temporary medical
hardship dwellings for a period of two years in resource zones and three years in all other
zoning districts. In addition, Clackamas County requires the applicant to provide proof that
reasonable housing is not an alternative by showing the size and floor plan of the permanent
dwelling and the ability to maintain a degree of privacy and independence for both the care
recipient and the care provider.
Italicized below are relevant temporary medical hardship dwelling requirements.
Quality Services Performed with Pride
Medical Hardship Code Review Table
"Care" means assistance, required as a result of age and/or poor health, that is given to a
specific person in the activities of daily living, which may include, but are not necessarily
limited to, bathing, grooming, eating, medication management, ambulation and
transportation, and/or "care" means daily supervision of a specific person when such
supervision required due to cognitive impairment. As used in this subsection, "care" does
not include assistance with improvement or maintenance of property in the absence of a
documented need for assistance with personal activities or a need for personal supervision
due to cognitive impairment. "Care" does not include financial hardship alone.
Utilities Services: All water, electricity, natural gas and/or sanitary sewer service for the
temporary dwelling shall be extended from the permanent dwelling services. No separate
meters for the temporary dwelling shall be allowed. An exception may be granted if the
utility provider substantiates that separate service is required or if more than one legally
established service exists on the subject lot, parcel or tract.
Driveway Entrance: The temporary dwelling shall use the same driveway entrance as the
permanent dwelling although the driveway may be extended. An exception may be granted
if more than one legally established driveway entrance to the subject lot, parcel or tract
exists.
Deed Statement: A written statement shall be recorded in the County Deed of Records
recognizing that a dwelling approved pursuant to this Subsection is temporary and that the
temporary permit is not transferable when the property is conveyed to another party.
Separation Distance: The temporary dwelling shall be located within 100 feet of the
permanent dwelling. This distance shall be measured from the closest portion of each
structure. This distance may be increased if the applicant provides evidence substantiating
that steep slopes, significant natural features, significant existing landscaping, existing
structures, other physical improvements or other similar constraints prevent compliance with
the separation distance standard. The increase shall be the minimum necessary to avoid
the constraint.
Lane County
Lane County has similar code requirements as Deschutes County except with the application.
An applicant must have a medical physician sign a Physicians Certificate. Lane County permits
a temporary medical hardship dwelling for a two year period with the ability to renew for
successive two year periods. All permits expire December 31. Lane County also allows only
one permanent dwelling or manufactured dwelling, guest house or other accessory residential
structure. Sewage disposal for the medical hardship dwelling must be connected to the same
onsite sewage disposal system and the same electrical circuit box as the existing dwelling.
Finally, the structure shall not have an address.
Marion County
Marion County differs from Deschutes County's temporary medical hardship code only in that
those providing the care must show that they are available and have the skills to provide the
primary care. . Similar to Lane and Clackamas County sewage disposal shall be connected to
the existing system if feasible. An annual review is required which meets the criteria of the
code.
2
Medical Hardship Code Review Table
Douglas County
Douglas County allows for a temporary medical hardship dwelling for a two year time period. It
also requires the temporary dwelling be hooked up to the existing sewage disposal system.
They require that the applicant record a restrictive covenant for the temporary placement of a
family hardship dwelling.
Jackson County
Jackson County requires two written statements, one from a primary care doctor and a second
opinion from a licensed doctor, physician's assistant or nurse practitioner. The dwelling must
meet all setback requirements for the zone, not have any additional driveway, access roads or
permanent accessory structure, be hooked up to the existing sewage disposal system if it is
adequate to accommodate the additional dwelling, and the structure shall be located within 300
feet of the existing residence on the property. Renewal of the two year permit requires a written
statement from a doctor Renewals are sent out January 31 and give the applicant 30 days to
respond or revocation will take place.
3
Medical Hardship Code Review Table
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Douglas County
Code
Allows one
Manufactured home
or RV
No required
statement.
Temporary use is
valid for up to two
years from the date
of initial issuance.
Renewal is unlimited
Manufactured home
and RV shall meet
zoning, setbacks
Temporary medical
dwelling shall be
removed not later
than 90 days
following the date
the use ceases.
Temporary
residence permitted
for an infirm person
of for the people
caring for the infirm
person residing on
the property.
Connect to the
existing sub surface
sewage system.
Marion County Code
Allows one Manufactured
home or RV
A signed statement from a
licensed healthcare
physician or psychologist.
Temporary use is reviewed
annually, renewal is
unlimited
Manufactured home and
RV shall meet zoning
setbacks
Temporary medical
dwelling shall be removed
not later than 90 days
following the date the use
ceases.
Medical hardship is for the
care of an aged or infirm
person or persons.
Connect to the existing
sub surface sewage
Jr •6
Lane County Code
Allows one
Manufactured home
or RV
A written statement
from a medical
physician (Physicians
Certification
Statement )
Temporary use valid
for up; to two years
from the date of initial
issuance. All permits
expire December 31.
Renewal is unlimited
Manufactured home
and RV shall meet
zoning setbacks
Temporary medical
dwelling shall be
removed not later
than 90 days
following the date the
use ceases.
Person with a
temporary medical
hardship is a relative
and provides a
documented need.
Connect to the
existing sub surface
sewage system or
public sewer system
Clackamas County
Code
Allows one Manufactured
home or RV
A signed statement from
a licensed healthcare
provider and dated within
90 days of the submitted
application date.
Two year limit with
renewal in the resource
lands 3 year limit in all
other zone districts.
Renewal is unlimited.
Manufactured home and
RV shall meet zoning
setbacks
Upon permit expiration or
use ceases.
A documented need
exists and there is not
alternative care provider
or temporary dwelling on
the subject lot. Care does
not include financial
hardship.
Connect to the existing
sub surface sewage
system or public sewer
system
Deschutes County Code
Allows one Manufactured
home or RV
Written Statement from a
doctor is required
Temporary use is
reviewed annually, with
no time limits.
Manufactured home and
RV shall meet zoning
setbacks
Temporary medical
dwelling shall be removed
not later than 90 days
following the date the use.
ceases.
Person with the medical
condition must be either
one of the property.
owners or a relative of
one of the property
owners
Applicant shall obtain all
necessary building and
environmental health
permits
# of Temp.
Residences
Permitted
Doctors
Statement
Review
Setbacks
Removal
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Permits and
Sewage
Medical Hardship Code Review Table
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Marion County Code
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Lane County Code
No Requirement
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Deschutes County Code
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CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
1204.03 TEMPORARY DWELLING FOR CARE
A. The Planning Director, or authorized designee, may approve a temporary
permit, subject to the provisions of Subsection 1305.02, for a period not to
exceed two (2) years in an EFU, TBR or AG/F zoning district or three (3)
years in any other zoning district, for the use of a manufactured dwelling,
residential trailer or recreational vehicle for residential purposes when the
applicant provides evidence substantiating the following:
1. The temporary dwelling will be occupied by a person or persons who
require(s) care or who will provide care. This provision shall not prevent
persons in addition to the care recipient(s) or the care provider(s) from
occupying the temporary dwelling provided such occupancy is consistent
with the remaining provisions of this Subsection; and
2. The temporary dwelling will be located on the same lot, parcel or tract as a
legally established permanent dwelling. The permanent dwelling will be
occupied by the person(s) receiving care from the occupant(s) of the
temporary dwelling or by the person(s) providing care to the occupant(s)
of the temporary dwelling. This provision shall not prevent persons in
addition to the care recipient(s) or the care provider(s) from occupying the
permanent dwelling provided such occupancy is consistent with the
remaining provisions of this Subsection; and
3. There exists a need for care. The need shall be documented by a signed
statement from a licensed healthcare provider. The statement shall be
dated within 90 days preceding the date the application is submitted and
shall identify the care recipient, generally indicate that an age-related
and/or medical condition results in a need for care, and substantiate that
the type of assistance required by the patient is consistent with the type of
assistance identified in the definition of "care" in Subsection 1204.03B;
and
4. There exists no reasonable housing alternative in the form of adequate
housing on the subject lot, parcel or tract. A determination regarding the
reasonableness of the care recipient and the care provider occupying the
permanent dwelling together shall be made based on the size and floor
plan of the permanent dwelling with consideration for maintaining a
degree of privacy and independence for both the care recipient and the
care provider; and
5. There exists no reasonable alternative care provider. Alternative care
providers that shall be considered include:
a. Other adults who live with the care recipient; and
1204-3
Last Test Revision 3/24/05
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
b. Other relatives of the care recipient who live nearby. This alternative
shall only be considered in cases where the care recipient currently
resides on the subject lot, parcel or tract; and
6. There is no other temporary dwelling for care on the subject lot, parcel or
tract.
B. As used in this Subsection, "care" means assistance, required as a result of age
and/or poor health, that is given to a specific person in the activities of daily
living, which may include, but are not necessarily limited to, bathing,
grooming, eating, medication management, ambulation and transportation,
and/or "care" means daily supervision of a specific person when such
supervision is required due to cognitive impairment. As used in this
Subsection, "care" does not include assistance with improvement or
maintenance of property in the absence of a documented need for assistance
with personal activities or a need for personal supervision due to cognitive
impairment. "Care" does not include financial hardship alone.
C. A permit approved pursuant to this Subsection shall be subject to the
following conditions of approval:
1. SEWAGE DISPOSAL: The temporary dwelling shall beconnected to a
sanitary sewer system or to an on-site sewage disposal system approved
by the Soils Section of the County Department of Transportation and
Development. The temporary dwelling shall use the same on-site sewage
disposal system used by the permanent dwelling if that disposal system is
adequate to accommodate the additional dwelling as determined by the
Soils Section of the County Department of Transportation and
Development. An exception may also be granted if more than one legally
established on-site sewage disposal system exists on the subject lot, parcel
or tract.
2. SETBACKS: The temporary dwelling shall comply with the primary
structure setback standards of the underlying zoning district.
3. UTILITIES/SERVICES: All water, electricity, natural gas and/or sanitary
sewer service for the temporary dwelling shall be extended from the
permanent dwelling services. No separate meters for the temporary
dwelling shall be allowed. An exception may be granted if the utility
provider substantiates that separate service is required or if more than one
legally established service exists on the subject lot, parcel or tract.
1204-4
Last Test Revision 3/24/05
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
4. DRIVEWAY ENTRANCE: The temporary dwelling shall use the same
driveway entrance as the permanent dwelling although the driveway may
be extended. An exception may be granted if more than one legally
established driveway entrance to the subject lot, parcel or tract exists.
5. SEPARATION DISTANCE: The temporary dwelling shall be located
within 100 feet of the permanent dwelling. This distance shall be
measured from the closest portion of each structure. This distance may be
increased if the applicant provides evidence substantiating that steep
slopes, significant natural features, significant existing landscaping,
existing structures, other physical improvements or other similar
constraints prevent compliance with the separation distance standard. The
increase shall be the minimum necessary to avoid the constraint. An
exception may also be granted if the temporary dwelling will be sited in
the same or substantially similar location as a previous, legally established
temporary dwelling for care.
6. DEED STATEMENT: A written statement shall be recorded in the
County Deed Records recognizing that a dwelling approved pursuant to
this Subsection is temporary and that the temporary permit is not
transferable when the property is conveyed to another party.
7. RENTAL INCOME: The temporary dwelling shall not be a source of
rental income.
8. REMOVAL/STORAGE: A manufactured dwelling or residential trailer
approved pursuant to this Subsection shall be removed from the subject
lot, parcel or tract when the permit expires or the need for care ceases,
whichever first occurs. An exception to this provision may be granted if a
temporary manufactured dwelling is converted to a permanent dwelling.
Such a conversion shall only be allowed if the temporary dwelling
complies with all applicable requirements for a permanent dwelling, and if
the conversion will not result in the subject lot, parcel or tract's violating
the density standards of the underlying zone. A recreational vehicle
approved pursuant to this Subsection shall be removed from the subject
lot, parcel or tract or placed in a stored condition when the permit expires
or the need for care ceases, whichever first occurs. For the purpose of this
provision, a recreational vehicle shall be deemed to be placed in a stored
condition when it ceases to be used for residential purposes and is
disconnected from any on-site sewage disposal system and all utilities
other than temporary electrical connections for heating necessary to avoid
physical deterioration. Storage of a recreational vehicle shall comply with
all other applicable requirements of this Ordinance.
1204-5
Last Test Revision 3/24/05
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
9. OTHER: Other conditions may be applied as authorized by Subsection
1201.03.
D. A permit approved pursuant to this Subsection may be renewed, subject to the
provisions of Subsection 1305.02, for a period not to exceed two (2) years in
an EFU, TBR or AG/F zoning district or three (3) years in any other zoning
district when the applicant provides evidence substantiating the following:
1. The circumstances that provided the basis on which the previous permit
was granted remain substantially similar. A renewal application shall be
accompanied by a signed statement from a licensed healthcare provider.
The statement shall be dated within 90 days preceding the date the
application is submitted and shall identify the care recipient and
substantiate that the level of assistance required is substantially similar to,
or greater than, the level required when the previous permit was granted.
E. An application shall be evaluated under the approval criterion for a renewal
application rather than the criteria for a new application if the permit is
requested for the same lot, parcel or tract and the same care recipient as the
previous permit. A temporary permit for care may be renewed an unlimited
number of times subject to Subsection 1204.03D. However, an application
received after the expiration of the previous permit shall be charged the same
fee as a new application.
1204.04 TEMPORARY STRUCTURE FOR EMERGENCY SHELTER
A. The Planning Director may approve a temporary permit for emergency shelter
in any zoning district, subject to Subsection 104.01(A), for the use of a
manufactured dwelling, residential trailer, or recreational vehicle for
residential purposes or a commercial office trailer for business purposes when
the applicant provides evidence substantiating that a lawfully established
dwelling or business located on the subject lot, parcel, or tract has been
destroyed, substantially damaged, or rendered unsafe to occupy due to fire or
natural disaster. (3/24/05)
1204-6
Last Test Revision 3/24/05
APPROVAL CRITERIA
Lane Code 16.290(2)
Permitted Uses. The following uses and activities are allowed subject to the general provisions and
exceptions specified by this chapter of Lane Code:
(d) Not more than one manufactured dwelling or park model recreation vehicle on a lot or parcel, in
addition to an existing dwelling, manufactured dwelling or duplex allowed by LC 16.290(2)(a)
through (c) above, as a temporary use for the term of a medical hardship suffered by a resident of the
existing dwelling, manufactured dwelling or duplex, or a relative of the resident, subject to
compliance with these requirements:
(i) The property owner or authorized representative of the property owner shall submit to the
Direct an application on the form provided by the Director.
This application is required.
(ii) A resident of the existing dwelling, manufactured dwelling or duplex has a medical
hardship and needs care for daily living from a resident of the temporary manufactured
dwelling or park model recreation vehicle; or
Have you attached the "Physician's Certification" that shows the person who will live in the
existing dwelling or the temporary dwelling has a medical hardship? Yes No
(iii) A resident of the temporary manufactured dwelling or park model recreation vehicle is a
relative of a resident of the existing dwelling, manufactured dwelling or duplex, has a medical
hardship and needs care for daily living which will be provided by a relative living in the
existing dwelling, manufactured dwelling or duplex. 'Relative' means grandparent, step
grandparent, grandchild, parent, stepparent, child, brother, sister, step sibling, aunt, uncle,
niece or nephew or first cousin of a resident of the existing dwelling, manufactured dwelling
or duplex.
Relation to existing residents (circle the answer):
Child Step grandparent
Parent Sibling
Stepparent Stepsibling
Grandchild Niece
Grandparent Nephew
(iv) Evidence of the medical hardship and a description of the family relationship and
assistance with the daily living that will be provided shall be furnished and shall consist of:
(aa) A written statement from a medical physician disclosing the existence and general
nature of the medical hardship;
This refers to the "Physician's Certification". Attach it to this application form.
(bb) Any family relationship between the person with the hardship and the person
who will provide care; and
The person with the hardship must be related to the caregiver.
Temporary Hardship Dwelling:
Rural Residential Zone Page 3
(cc) The general nature of the care that will be provided.
Give a general description of the type of care that will be provided.
(v) The temporary manufactured dwelling or park model recreation vehicle shall be located on
the same lot or parcel as the existing dwelling, manufactured dwelling or duplex.
Will the temporary dwelling be located on the same lot or parcel as the existing dwelling?
Yes No If No, explain:
(vi) The temporary manufactured dwelling or park model recreation vehicle shall be
connected to the same on-site sewage disposal system serving the existing dwelling,
manufactured dwelling or duplex. If that sewage disposal system is not adequate for the
connection, as determined by the Lane County Sanitarian, to accommodate the addition of the
temporary dwelling, then that sewage disposal system shall be improved to meet the Oregon
Department of Environmental Quality (DEQ) requirements in order to accommodate the
addition of the temporary dwelling. A separate on-site sewage disposal system meeting DEQ
requirements for the temporary manufactured dwelling or park model recreation vehicle may
be used, when in the opinion of the Lane County Sanitarian, connecting the temporary
dwelling to the existing sewage disposal system would be impracticable because of the
physical conditions of the subject property. The use of the separate sewage disposal system by
the temporary dwelling shall be discontinued when the hardship ceases and shall not be used
for other purposes unless in compliance with LC Chapter 16.
This will be a condition of approval.
(vii) The temporary manufactured dwelling or park model recreation vehicle shall comply
with applicable Oregon Department of Environmental Quality review and removal
requirements.
Contact the Sanitation department to determine if the existing system is adequate to serve the
new connection. Their number is 682-3754.
(viii) The temporary manufactured dwelling or park model recreation vehicle shall not be
allowed if there is an accessory living structure, as defined by LC 16.290(2)(t), on the same lot
or parcel.
LC 16.290(2)(t):
"An accessory residential structure is a structure that contains area for residential use or
occupancy, a toilet or bathroom and that shall comply with these requirements:
(i) The total floor area of the structure shall not contain more than 850 square
feet;
(ii) The structure shall not contain a kitchen.
Temporary Hardship Dwelling:
Rural Residential Zone Page 4
(iii) The structure shall be located on a lot or parcel that has a lawfully existing
dwelling, manufactured dwelling or duplex on it and that does not have two or
more permanent dwellings or manufactured dwellings, a guest house or another
accessory residential structure on it;
(iv) Sewage disposal for the structure shall be connected to the same onsite
sewage disposal system, or community or public sewer connection, and the
same electrical circuit box as the existing dwelling or manufactured dwelling on
the same lot or parcel; and
(v) The structure shall not have an address."
Does the property contain an accessory residential structure? Yes No
If Yes, explain:
(ix) Except as provided in LC 16.290(2)(d)(x) below, approval of a temporary manufactured
dwelling or park model recreation vehicle permit shall be valid until December 31 of the year
following the year of original permit approval and may be renewed once every two years until
the hardship situation ceases or unless in the opinion of the Lane County Sanitarian the on-
site sewage disposal system no longer meets DEQ requirements.
This will be a condition of approval.
(x) Within 90 days of the expiration date of the temporary hardship permit, the end of the
hardship, or the care provider no longer residing in the temporary manufactured dwelling or
park model recreation vehicle, the manufactured dwelling or park model recreation vehicle
shall be removed from the property or demolished.
This will be a condition of approval.
Temporary Hardship Dwelling:
Rural Residential Zone Page 5
SITING CRITERIA
Lane Code 16.290(7)
Property Development Standards. All uses or development permitted by LC 16.290(2) through (4)
above, except as may be provided therein, shall comply with the following development standards:
(a) Property Line Setbacks. Structures other than a fence or sign shall be located:
(i) At least 20 feet from the right-of-way of a State road, County road or a local access public
road specified in LC Chapter 15;
(ii) At least 10 feet from all other property lines; and
(ii) Not -withstanding LC 16.290(7)(a)(ii) above, a structure that contains less than 120 square
feet of floor area and that is located more than 10 feet from other structures may be located in
the 10 foot setback otherwise required by LC 16.290(7)(a)(ii) above provided it complies with
LC 16.290(7)(d) below.
Refer to the handout entitled "Setbacks from the Right of Way".
(b) The setback for property lines other than front -yard shall be five feet, except as provided below,
for any lot or parcel containing less than 1 acre and created prior to March 30, 1984.
Does the parcel contain less than one acre? Yes No
Was it created prior to March 30, 1984?
Yes No
(d) Riparian Setback Area. Except for property located between the Eugene -Springfield Metropolitan
Area General Plan Boundary and the Eugene and Springfield Urban Growth Boundaries, where
setbacks are provided for in LC 16.253(6), the riparian setback area shall be the area between a line 50
feet above and parallel to the ordinary high water of a Class I stream designated for riparian
vegetation protection in the Rural Comprehensive Plan. No structure other than a fence shall be
located closer than 50 feet from the ordinary high water of a Class I stream designated for riparian
vegetation protection by the Rural Comprehensive Plan. A modification to the riparian setback
standard for a structure may be allowed provided the requirements of LC 16.253(3) or LC 16.253(6), as
applicable, are met.
Is there a water body on the property? Yes No
If so, it must be indicated on the site plan. The dwelling must be at least 50 feet from the ordinary
high water mark of a Class I stream. The location of the ordinary high water mark is determined
by planning staff. A "Riparian Declaration" application is required if the dwelling is within 75
feet of the water. You will be notified if a riparian declaration is required.
Temporary Hardship Dwelling:
Rural Residential Zone Page 6
LAND MANAGEMENT DIVISION
PHYSICIAN'S CERTIFICATE
PUBLIC WORKS DEPARTMENT 125 E 8th AVENUE, EUGENE OR 97401 PLANNING: 682-3807
This form must be completed and signed by your physician, therapist or professional counselor and
submitted with your application for a Temporary Medical Hardship Dwelling.
TEMPORARY USE OF A MOBILE HOME DURING A MEDICAL HARDSHIP. The use of a mobile home
on a temporary basis during a medical hardship may be allowed. A permit may be granted for a period
of not more than two years and may be renewed for successive periods of two years, (2 years) if
evidence is provided that the hardship condition continues to exist.
In considering this request, it must be found that the hardship condition relates to the aged, the infirm,
or to persons otherwise incapable of maintaining a complete, separate and detached residence, and also
whether the requested use will be relatively temporary in nature. It is not the intent of this provision to
subvert the intent of the zoning laws by permitting more than one permanent residence on each
property. In granting the request for temporary use of a mobile home, conditions may be imposed that
will preclude the possibility of such a temporary use becoming permanent.
Below is the form that shows the physician, therapist or professional counselor is convinced the person
with the hardship must be provided the care so frequently or in such a manner that the caretaker must
reside on the same premises.
TO BE COMPLETED BY PHYSICIAN, THERAPIST OR PROFESSIONAL COUNSELOR
This is to certify that the person listed below is my patient:
(Please print or type name of patient)
It is my opinion that this person has a medical or physical hardship that requires care and attention in
the fashion described above, and the named patient should be permitted to reside near a caretaker in
order to facilitate proper care.
Physician Signature: Date
Physician Name: ID/License #
(Please Print or Type)
Address: Phone # (
MORROW COUNTY
SECTION 4.130. MANUFACTURED OR MOBILE HOME AUTHORIZED AS TEMPORARY
RESIDENCE FOR CARE OF A RELATIVE IN CONJUNCTION WITH EXISTING
RESIDENTIAL USE.
A. Purpose and intent. It is the intent of the temporary use permit section to provide a set of
procedures and standards for temporary use of structures which, because of personal
hardship needs require social consideration for temporary usage after demonstration of
temporary need and a finding of no adverse impact to the welfare of adjacent properties
and the community as a whole.
The provisions of this section are to apply when the proposed use does not qualify as a
continuation of a nonconforming use, not permitted by right, nor permitted through the
operations of other more pertinent procedures and provisions of this zoning ordinance.
Provided however, temporary use permits are not to be construed, permitted nor utilized as
a means to abrogate the intent, purpose or procedures of the County's Comprehensive
Plan or Zoning Ordinance regulations.
No temporary permit shall be granted which would have the effect of creating a permanent
zoning or result in a hardship when the use is not permitted to continue at the expiration of
the permit periods. Further, no temporary permit may be granted which has the effect of
conferring a special privilege for which other property within the same zone may not be
equally eligible.
0_ As a temporary use in every zone, the Commission may allow one accessory
manufactured or mobile home dwelling complying with the standards of 4.140 except (a)
and (c), and providing that no additions to the mobile home shall be permitted in
conjunction .with a primary dwelling with the following 'findings
1. That an accessory dwelling is necessary to care for or provide custody of an elderly,
mentally handicapped, or infirm relative who a medical doctor certifies Fs in need of this
kind of care or custody.
2. Residential utilities and facilities can be provided. Septic feasibility is required prior to
approval.
C. A temporary use permit granted under this section is void when the elderly, mentally
handicapped, or infirm relative whols the subject of the permit moves to another residence
or is absent from the residence for more than 120 days or leaves the residence with no
likelihood of returning for continued residency of at least 30 days. Exception to the 120 -day
limit can be provided for because of extraordinary circumstances such as extended
hospitalization.
D. Within 30 days of the permit becoming void or revoked, the accessory dwelling shall be
removed by the owner of the real property unless otherwise approved by the Commission.
E. The County Planning Director or designee may review permits issued under this section
at any time and may revoke permits when they are found to be not in compliance.
• Article 4 - Page 19 of 33
F. Any accessory dwelling placed under a permit authorized by this section rust be located
as close as possible to the primary dwelling. Unless there are physical limitations of the
land this should be within 100 feet of the primary dwelling.
MARION COUNTY
120.040 TEMPORARY USE OF MOBILE HOME OR RECREATIONAL VEHICLE DURING
CERTAIN HARDSHIP CONDITIONS. Use of a temporary mobile home: or recreational vehicle for
the care of someone with a hardship may be approved as a conditional use subject to meeting the
following criteria:
(a)
For the purposes of this subsection "hardShip" means a medical hardship or hardship for the care
dart aged or infirm person or persons.
(b) A doctor of medicine or licensed psycholopst shall sign a statement indicating the physical or
mental condition that prevents the person(s) with the hardship from providing the basic self care
needed to live on a separate lot. The statement shall also attest that the physician or licensed
psychologist is convinced the person(s) with the hardship mast be provided the care so frequently
or in such a manner that the caretaker mist reside on the same premises.
(c)
Those providing the needed assistance shall be related by blood marriage or legal guardianship
and reside in another residence on the property. If evidence is presented that there is no family
member able to provide the needed care the caretaker may be someone else provided the property
is located in a zone other than the EFU, SA, FT or TC zones.. In the EFLT, SA, Fr and TC zones,
occupancy of the hardship mobile home or recreational vehicle is limited to the tenni of the
hardship suffered by the existing resident or a relative as defined in ORS 215.233.
(d) Those providing the care Must show that they will be available and have the skills to provide the
primary care required by the doctor or psychologist.
(e)
One :oldie residences shall be removed from the property within 90 days of the date the person(s)
with the hardship or the care provider no longer reside. on the property. In the case of .a
recreational vehicle it shall be rendered uninhabitable by disconnection from services. An
agreement to comply with this requirement shall be signed by the property owner and the care:
providers. Oregon Department ofEnvironmental Quality removal requirements also apply,
(f) The mobile home or recreational vehicle 'shall to the extent pen by the nature of the property
and existing development:
(g)
(1) Be located as near as possible to other residences on the property;
(2) On EFU, SA. FT and TC zoned property, be located on the portion of the property that is
least suitable for farm or forest use, if it is not feasible to locate it near an existing
residence;
(3) Not require new dril: Tway access to the street;
(4) Be connected to the existing wastewater disposal system if feasible. The disposal system
shall be approved by the County Sanitarian.
The use is intended to be temporary, shall be subject to review every year, and shall continue to
meet the above criteria in order to qualify for renewal.
I. Signs, pursuant to the sign provisions set forth in Section 1006;
J. Residential home;
K. Propagation and harvesting of forest products;
502.03 Conditional Uses.
[Added 3/19/98; Ord. 643]
[Added 12/05/02; Ord. 720]
In the VLDR Districts, pursuant to the -Type B application procedure set forth in Section 1301, and
subject to the conditional use review criteria listed in Section 1202, and any other applicable criteria
established by this ordinance, the following uses may be allowed conditionally:
A. One manufactured dwelling or recreational vehicle, or the temporary use of an existing
building, in conjunction with as existing dwelling as a temporary use for the term of a hardship
suffered by the existing resident or relative, as defined in ORS 215, of the resident, subject to
the following:
1. The resident or relative of the resident is aged, infirm, or for health-related reasons, is
incapable of maintaining a complete separate residence.
2. The permit for the manufactured dwelling for the term of hardship shall be valid for a
period of two years or a shorter period as determined appropriate by the Director or
hearings body. A permit may be revoked by the Director at any time, if any of the
reasons for which the permit was granted are no longer applicable, or if any imposed
condition is violated.
3. The permit for the temporary dwelling for the term of hardship shall be granted to the
applicant only and shall not be deemed to run with the land.
4. The temporary dwelling shall use the same subsurface sewage disposal system as the
existing dwelling, if that disposal system is adequate to accommodate the additional
dwelling.
5. When a recreational vehicle is allowed to be used as a temporary structure the
recreational vehicle site shall have services, inspected and approved by the building
department which includes, electricity, plumbing and connection to an approved septic
system.
6. Within three months of the end of the hardship, the'manufactured dwelling shall be
removed or demolished or, in the case of an existing building, the building shall be
removed, demolished or returned to an allowed nonresidential use. In the case of a
recreational vehicle, within three months of the end of the hardship, it shall be
removed, demolished or may remain on the property and used in accordance with
Section 501.06(H). A temporary residence approved under this paragraph is not
eligible for replacement. [Amended 07/29/04; Ord. 743]
B. Home occupation, as defined by this ordinance, subject to the standards and limitations set
forth in Section 1004.
Yamhill County Zoning Ordinance Page 502-2
3.46.000 3.46.000
ARTICLE 46
Administrative Variance
SECTION 3.46.000 Temporary Use of a Manufactured Structure or Existing Building
(Family Hardship)
1. During a family hardship condition where the condition relates to the aged, infirm
or to persons otherwise incapable of maintaining a separate residence, the Director
may authorize, as a permitted use in all zones (subject to ORS provisions in
resource zones), the placement of a manufactured structure or the temporary
residential use of an existing building on a lot or parcel if the following criteria are
met:
a. The request for the additional dwelling is submitted in writing. Such request
shall state the nature of the hardship; the names of the persons who will
occupy such dwelling; the relationship of the occupants of such dwelling to
the residents; and, the estimated period of time the dwelling will remain on
the property.
b. The additional dwelling will use the same subsurface sewage disposal
system used by the existing dwelling and that said sewage disposal system
is adequate to accommodate the additional dwelling. If the additional
dwelling is to utilize a public sanitary sewer system, such condition will not
be required.
c. The additional dwelling may be either a manufactured structure as defined
in Chapter 1, or the temporary residential use of an existing building.
d. The location and use of the additional dwelling otherwise conforms to the
provisions established for the zone district.
2. Temporary use of an additional dwelling shall be granted for the time period
specified by the Director but may be renewable upon expiration if all applicable
conditions can be met. In no case shall a temporary use be authorized for a period
exceeding two (2) years, unless the temporary use is renewed.
3. The Director shall determine whether or not the conditions described in this article
warrant approval of the request to place or convert an additional dwelling on the
property. He may require the applicant to provide other such evidence as he
deems necessary to make that determination.
4. Upon expiration of the time period for which the temporary use was authorized, the
property owner shall have ninety (90) days in which to remove or demolish the
additional dwelling or convert it to an allowed non-residential use, unless an
extension is granted as prescribed above.
3-279
RESTRICTIVE COVENANT FOR TEMPORARY PLACEMENT OF A RECREATIONAL
VEHICLE (RV) FOR TEMPORARY FAMILY HARDSHIP
* ("Covenantors"), are the owners of real property legally described as follows:
Deed Reference Number
(Tax Lot(s) in Section , T S, R W, W.M.;
Property ID No(s). )
In accordance with the promotion of public safety under the Douglas County Land Use and
Development Ordinance and the approval of Planning Department Worksheet No. *, dated *,
approving a recreational vehicle as a temporary family hardship structure for the above-described
property, and in consideration of such approval, Covenantors promise and covenant as follows:
1. The Covenantors do hereby acknowledge that a recreational vehicle is not considered a
manufactured dwelling under the Uniform Building Code and other associated codes,
statutes, and ordinances (hereinafter all referred to as the "UBC") and therefore is not
eligible for a placement permit as a permanent dwelling. The recreational vehicle will not
be inspected for safety or UBC compliance by the Douglas County Building Department.
The Covenantors do hereby acknowledge that they have been made aware that the
recreational vehicle cannot be placed as a permanent dwelling and that using the
recreational vehicle as a temporary living facility creates safety risks. The Covenantors do
further acknowledge that they are fully and completely aware of the potential danger related
to increased fire risk, reduced emergency exiting capabilities, electric shock, falling, and
other safety hazards in using this recreational vehicle as a temporary hardship structure.
3. Covenantors declare they wish to occupy the above-mentioned recreational vehicle as a
temporary family hardship structure.
4. Covenantors declare that they will maintain the recreational vehicle in a "road ready" condition. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions.
5. In consideration of the approval of Worksheet No. *, for themselves and their heirs, successors,
executors and assigns, Covenantors agree as follows:
5.1 Covenantors are not officers, employees or agents of Douglas County ('Covenantee'), as
those terms are used in ORS 30.265.
5.2 Covenantors, and their heirs, successors, executors and assigns, shall defend, indemnify,
and hold harmless Douglas County and its respective officers, employees, and agents from
any and all claims, actions, damages, court costs, judgments, penalties, fines, and other
expenses ("claims"), including claims for property loss and personal injury (including death)
that may be prosecuted, asserted, or charged resulting from injury related to use of the
recreational vehicle as a temporary living facility.
6. Covenantors intend that this covenant be perpetual and run with the land and shall bind the heirs,
successors, executors and assigns of Covenantors and shall endure for the benefit of
Covenantee.
7. This covenant applies only to the following described recreational vehicle:
IN WITNESS WHEREOF, the Covenantors have executed this covenant on day of
, 200_.
Covenantor
Covenantor
STATE OF OREGON
County of Douglas
This instrument was acknowledged before me on by
and
H:\Planinfo\GETS\RVHardshipcovGET.wpd
03/04
Notary Public for Oregon
My Commission Expires