(A)
Purpose.
(1)
The Emergency Medical Hardship allows the placement of temporary living quarters, on a property with a habitable primary dwelling, for a person who is determined by a licensed physician, as specified in subsection (D)(2)(a), below to be either:
(2)
Temporary means a period of 24 months, unless otherwise permitted in subsection (G), below. The 24-month period includes an approval timeline of 12 months with an opportunity to obtain up to 2 6-month time line extensions at the staff level.
(3)
Temporary living quarters means a road worthy, licensed, and insured recreational vehicle (RV). Tent trailers are not permitted as a temporary living quarters.
(4)
The temporary living quarters must be occupied only by the person requiring medical assistance, or the care provider.
(5)
The care provider must be a person who lives on site, either in the primary dwelling, or the temporary living quarters, and provides necessary medical procedures, monitoring, and attention to the person requiring that care.
(B)
Applicability. The Emergency Medical Hardship process is permitted only on property designated Low Density Residential (LDR) on the Eugene Springfield Metropolitan Area General Plan diagram (Metro Plan) and zoned R-1 within the city limits or R-1/UF-10 within the City’s urban service area.
(C)
Review. The initial application and any timeline extensions are reviewed under Type 2 procedure.
(D)
Submittal Requirements.
(1)
The application must include a plot plan, drawn to scale, showing:
(a)
Existing structures on the property and their setbacks from property lines;
(b)
The proposed location of the temporary living quarters and its setbacks from property lines and other structures on the property; and
(c)
The required utility connections for the temporary living quarters.
(d)
For those applications within the City’s urban service area, the plot plan must also show the location of any wells, septic tanks, and drain fields.
(2)
The application must also include:
(a)
A written report from a licensed physician, therapist, or professional counselor on official letterhead that indicates that the patient has a medical or physical hardship that requires care and attention in such a manner that the caretaker must reside on the same property.
(b)
A statement from the applicant addressing:
(i)
Whether the person requiring medical assistance or the care provider will reside in the temporary living quarters;
(ii)
The type of temporary living quarters proposed, either: a motor home, residential trailer, a travel trailer, truck camper, or other RV;
(iii)
Proof that the temporary living quarters is licensed and insured; and
(iv)
A statement explaining why the circumstances are temporary in nature (estimated at 12 months or less) and what steps are being undertaken to address the circumstances prior to the elapsing of 12 months, or any extension thereof.
(E)
Criteria. The Director must grant approval of the emergency medical hardship application if all the following criteria are met, including any conditions imposed in accordance with subsection (F), below.
(1)
A written report is provided from a licensed physician, therapist, or professional counselor on official letterhead that indicates that the patient has a medical or physical hardship that requires care and attention in such a manner that the caretaker must reside on the same property.
(2)
The temporary living quarters must house either the person requiring medical assistance or the care provider.
(3)
The temporary living quarters must be located on the same legal parcel as the primary dwelling. Only 1 temporary living structure is allowed on a property.
(4)
The temporary living quarters is not permitted within the front yard or street side yard setback, except within an approved driveway.
(5)
All residential trailers and other similar units used as temporary living quarters must be connected to sewer, water, and electrical services as proscribed by the Oregon State Building Code as adopted by the City. Travel trailers and similar units must have sewer, water, and electrical services that meet state requirements for RV parks.
(F)
Conditions.
(1)
The following conditions of approval are applied to all medical hardship approvals:
(a)
No change in occupancy of the temporary living quarters is allowed under the permit; either the person requiring care or the care provider must reside within the temporary living quarters.
(b)
The temporary living quarters use is limited to the use permitted in this section and is not transferable to other persons or property. Under no circumstance can the temporary living quarters be used as a rental unit.
(G)
Time Line Extensions. A request for an extension will not require a new application; however, a written request must be submitted to the Director 30 days prior to the expiration of the initial 12-month approval timeline. The request must include written verification from a licensed physician stating that the person requiring care as specified in subsection (D)(2)(a) above, continues to need care. Staff must review the request to ensure that the applicant remains compliant with the approval criteria specified in subsection (E) above, and any conditions of approval required under subsection (F) above. Upon expiration of the initial 12-month approval timeline, the temporary living unit may be extended as follows:
(H)
Compliance. The temporary living quarters must maintain compliance with all conditions of approval. Violation of the provisions of this section, or determination that the need can no longer be verified, is the basis for termination of approval.
(6443)