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HomeMy WebLinkAboutOrdinance APPLICANT 12/10/2009 . . . . ORDINANCE ORDINANCE NO. 6186 (General) AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, SECTION 36.135 TEMPORARY USE - EMERGENCY MEDICAL HARDSHIP; AND ADOPTING A SEVERABILITY CLAUSE. THE CITY COUNCil OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, the Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance; and WHEREAS, Article 8 of the SDC sets forth procedures for the amendment of this document; and WHEREAS, the Planning Commission directed staff to amend the SDC regarding the "temporary" approval status for Emergency Medical Hardship Living Quarters; and WHEREAS, on September 19, 2006, the Springfield Planning Commission held a work session on this SDC amendment application (Case Number LRP 2006-00026). WHEREAS, on October 17, 2006, the Springfield Planning Commission held another work session and a public hearing on this SDC amendment application and voted 4 to 2, with one absent to recommend approval of these amendments to the City Council based upon . findings in support of adoption of this amendment to the SDC as set forth in the Staff Report and the Recommendation to the Council incorporated herein by reference; and WHEREAS, on November 13, 2006, the Springfield City Council held a work session on this SDC amendment application. WHEREAS, on November 20, 2006, the Springfield City Council held a public hearing and is now ready to take action on this matter based upon the above recommendation and the evidence and testimony already in the record as well as the evidence and testimony presented at this public hearing held in the matter of adopting this ordinance amending the SDC. NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1: Section 36.135 is hereby amended to read as follows: "36.135 TEMPORARY USE - EMERGENCY MEDICAL HARDSHIP. (1) Purpose. (a) The Emergency Medical Hardship allows the placement of temporary living quarters, on a lot/parcel with a habitable primary dwelling, for a person who is determined by a I.icensed physician as specified in Subsection (4)(b)1. of this Section, to be either: 1. Terminally ill; or Date ReCejVed;~ Planner: LM . . . . k 2. Recuperating from an illness, surgery or injury; and 3. The person is not physically or mentally capable of self maintenance and is dependent upon a care provider being on site for assistance. (b) Temporary means a period of 24 months, unless otherwise permitted in Subsection (7) of this Section. The 24 month period includes an approval time line of 12 months with an opportunity to obtain up to two 6 month time . line extensions at the staff level. (c) Temporary living quarters means a road worthy, licensed and insured recreational vehicle (RV) as defined in Article 2 of this Code. EXCEPTION: Tent trailers shall not be permitted as a temporary living quarters. (d) The temporary living quarters shall be occupied only by the person requiring medical assistance or the care provider.' . (e) The care provider is 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 on a 24-hour basis. (2) Applicability. The Emergency Medical Hardship process shall be permitted only on . lots/parcels designated Low Density Residential (LOR) and zoned LOR within the city' limits or LDRlUF-1 0 within the City's urban services area. (3) Review. . (a)' The initial application and any time line extensions shall be reviewed under Type 11 procedure. (b) A complete application together with all required materials shall be accepted by the Director prior to staff review of the application as specified in' Section 3.050, Application Submittal. . . . (4) Submittal Requirements.. . (a) The application shall include a plot plan, drawn to scale, showing: 1. Existing structures on the lot/parcel and their setbacks from property lines; . . 2. The proposed location of the temporary living quarters and its setback from property lines and other structures on the lot/parcel; . . 3. . The required utility connections for the temporary living quarters; and 4. The location of proposed fences to screen the temporary living quarters that face public rights-of-way. . . Date Received: Planner: LM I 1-{ fO /Oq ORDINANCE'NO. 6186 . . . . 5. For those applications within the City's urban service area, the plot plan shall also show the location of any wells, septic tanks and drain fields. (b) The application shall also include: 1. A written medical report from a licensed physician on official letterhead that includes: a. The nature of the patient's medical condition and whether the patient is terminally ill or recuperating from an illness, surgery'or injury; b.. . A statement explaining why the patient is not physically or mentally capable of self-maintenance and is, therefore, dependent upon a care provider being on-site for assistance; . a~ . c. Additional supporting documentation from other medical practitioners who may be treating the patient, when applicable. 2. A statement from the applicant addressing: a. Whether the person requiring medical assistance or the care provider will reside in the temporary living quarters; b. . The type of temporary living quarters proposed, either: a motor home, residentiai trailer, a travei trailer, truck camper or other RV as defined in Article 2 of this Code, unless excepted in this Section; c. Proof that the temporary living quarters is licensed and insured; and d 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. (5) Criteria. The Director shall grant approval of the emergency medical hardship application if all of the foilowing criteria are met, including any conditions imposed in accordance with Subsection (6) of this Section.' (a) The licensed physician's written medical report shall address the information required in Subsection (4)(b)1. of thi.s Section. (b) The temporary living quarters shall house either the person requiring medical , assistance or the care provider. (c) . The temporary living quarters shall be located on the same legal lot/parcel as the primary dwelling. Only one temporary living structure shall be allowed on a lot/parcel. . . Date Received:~ Planner: LM . ORDINANCE NO. . 6186 . . . . (d) The temporary living quarters shall not be permitted within the front yard or . street side yard setback. (e) All residential trailers and other similar units used as temporary living quarters shall be connected to sewer, water and electrical services as proscribed by the Oregon State Building Code as adopted by the City. (f) All travel trailers and other similar units used as temporary living quarters shall have utility connections consistent with State law requirements for such units as in RV parks. (6) Conditions. (a) The Director shall impose the following conditions of approval for all medical hardship applications: 1. There shall be no change in occupancy of the temporary living quarters under the permit; either the person requiring care or the care provider.shall reside within the temporary living quarters. 2. The temporary living quarters use shall be limited to the use permitted in this Section and is not transferable to other persons or property. Under no circumstance shall temporary living quarters be usedas a rental unit. 3, The temporary living quarters use shall cease upon the occurrence of the first of the following events: a. The medical hardship no longer exists; in this case, the. temporary living quarters shall be removed within 30 calendar days of cessation of the provision of care; or b. '. Within 12 months of the date of application approval, unless . there is an approved extension as specified in Subsection (7) of this Section. . (b) The Director may impose additional conditions of approval to the extent necessary to satisfy the criteria of Subsection (5) of this Section, to comply with all applicable standards of this Code and to mitigate identified negative impacts to surrounding properties. (7) Time line extensions. A request.for an ex1ension will not require a new application; however, a written request shall be submitted to the Director 30 days prior to the expiration of the initial 12 month approval time line. The request shall include written verification from a licensed physician stating that the person requiring care as specified in Subsection (4)(b)1. of this Section continues to need care. Staff shall review the request to ensure that the applicant remains compliant with the approval criteria specified in Subsection (5) and any conditions of approval required under Subsection (6) of this Section. Upon expiration of the initial 12 month approval time line, the temporary living unit may be extended as follows: '. . . Date ReceiV~d:~ Planner: LM ORDINANCE NO. 6186 . . . . (a) Staff approved tiT1)e line. extensions. The applicant may obtain no more than two 6 month time line extensions from staff. EXCEPTION: Temporary living quarters approved prior to the date of this amended Section may continue beyond the original approval time line on a yearly basis until the need no longer exists. . (b) Criteria of approval for time line extensions. Staff approval of any time line extension request shall be based upon: . 1. The physician's verification of condition that the patient still requires ,care; and 2. Staff's verification that the temporary living quarters is still in compliance with the initial conditions of approval. (8) Compliance, The temporary living quarters shall maintain compliance with all conditions of approval. Violation of the provisions of this Section, or determination that the need can no longer be verified, shall be the basis for termination of approval." Section 2: Severability Clause. If any subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such holding shall not affect the validity of the remaining portions hereof, ADOPTED by the Common Council of the City. of Springfield by a vote of -5- for and ~ against, this ~lday of December , 2006, 2006. APPROVED by the Mayor of the City of Springfield, this..!i.tlL day of . !ipcprnnPT ATTEST: '.~~. City Record . ;..;) ~ !y. ,~ t"r"'cr)\lr:p, -.... ,-f"t ,.-.r';\: ,..)5;',i-<:.'<s L 1'<"\""-( . . ':c:._~L\ \ '\ L~ ,':c'CE OF CITY ATTORNEY Date Recf!ived: Planner: LM 1J-/;OI09