These regulations are intended to allow issuance of special permits to alleviate a significant hardship or emergency arising out of a need or desire to provide health care or maintenance to a handicapped or elderly person.

An application shall be made on forms provided by the Director. The application shall be accompanied by the following:

A.

Written letter from physician verifying that the health care or maintenance is required.

B.

One copy of the application.

C.

If on a septic system, a copy of letter of approval from Clackamas County indicating capacity of septic system and any required improvements.

D.

A site plan, eight inches by 11 inches, showing:

1.

Property boundaries.

2.

Required setbacks of underlying zoning district.

3.

Location of existing dwelling.

4.

Location of proposed manufactured dwelling.

5.

Location of septic system.

6.

Existing driveway.

E.

List of affected property owners.

Notice of the public hearing shall be mailed not less than 20 days prior to the date of the hearing to owners of property within 100 feet of the exterior boundaries of the property involved, not including public right-of-way.

A.

Must be necessary for health care or maintenance of the person;

B.

Must be connected to an approved water and sewer system; or

C.

Be completely self-contained for water and sewage.

Upon receipt of a completed application for such a special permit, the Director shall schedule a public hearing. The public hearing shall be conducted in accordance with Chapter 17.20—Public Hearings. The Planning Commission shall approve, conditionally approve, or deny the application.

The Director shall provide the applicant with a notice of decision, that includes a written statement of the decision, a reference to findings leading to it, any conditions of approval, and appeal period deadline.

A hardship permit is valid for a period of not more than 24 months or until the termination of the condition of hardship or emergency for which the permit was issued whichever occurs first.

An application for renewal, with a renewal fee, shall be filed at least 90 days prior to expiration of the hardship permit. The renewal shall be a Type II procedure. A renewal application must be accompanied by an updated written statement from a physician that the need for health care or maintenance still exists.

A.

The hardship permit becomes null and void upon the vacation or demise of the person requiring health care or maintenance.

B.

The dwelling unit must be removed within 90 days of termination of the permit.

C.

If the dwelling unit is not removed within 90 days, the City Council may order removal of the dwelling and place a lien on the property to recover the costs of removal.