Chapter 19.43
TEMPORARY USE PERMIT
Sections:
19.43.030 Permitted temporary uses.
19.43.040 Annual renewal of medical hardships.
19.43.010 Purpose.
The purpose of the temporary use permit is to provide for certain uses not otherwise allowed by this code in order to meet special nonpermanent needs of the residents of the County. Impacts from temporary uses shall be limited in duration, subject to special standards of approval and review and revocation procedures to assure compatibility with the intent and purpose of the various zoning districts in which they are allowed. [Ord. 2018-003 § 1; 2005 RLDC § 43.010.]
19.43.020 Review procedure.
Applications for temporary uses shall be reviewed using ministerial review procedures as set forth in JCC 19.22.030. However, some mass gatherings and medical hardship dwellings in farm and forest zones require quasi-judicial review procedures under JCC 19.22.040. [Ord. 2022-001 § 1; Ord. 2018-003 § 1; 2005 RLDC § 43.020.]
19.43.030 Permitted temporary uses.
Temporary uses shall be allowed subject to the following standards:
A. Medical Hardship Dwelling. The Director is authorized to permit a second structure to provide additional living space only on an authorized lot or parcel when it is needed to assist in the care for a dependent person by a care provider. A medical hardship dwelling shall be allowed subject to the following terms and standards:
1. Terms.
a. A “dependent person” shall mean any person who suffers from a mental or physical disability so that assistance is needed to establish a noninstitutional residence.
b. A “care provider” shall mean any person or persons who agree to assist a dependent person in residential living. The care provider may be the owner, a renter or the applicant for the second dwelling. If the care provider or applicant is someone other than the owner, the owner must also be a party to the application.
c. A “hardship” shall mean a medical hardship or hardship for the care of an aged or infirm person or persons.
2. Standards.
a. The dependent person and care provider need not be related by blood or other legal relationship.
b. The property owner must reside on said property.
c. The dwelling must be placed upon the property under a placement or building permit from the Building Safety Division, and shall consist of one of the following:
[1] A manufactured dwelling; or
[2] A recreational vehicle; or
[3] An existing site-built structure that will be converted into a dwelling by the addition of kitchen and/or laundry facilities upon approval as a medical hardship dwelling.
d. The Director shall require a statement from a medical doctor certifying the dependent person suffers from a mental or physical disability and is not capable of maintaining himself/herself in a residence on a separate property, and that this condition otherwise requires dependent care in hospital, nursing home, care home, or facility, by a live-in nurse or companion, or some other comparable circumstance. The statement will be on provider stationery and signed and stamped by the office.
e. The medical hardship dwelling must be connected to the same subsurface sewage disposal system as the one used by the existing dwelling, provided such connection is permitted by the regulations of the Josephine County on-site program. Any connection must be made under permit from Josephine County on-site program.
f. The dependent person care shall be provided principally by the care provider. The care provider may employ or arrange for services from others during occasional periods of absence or incapacity.
g. The medical hardship dwelling shall be placed within close proximity to the existing dwelling.
h. The Temporary Use Permit for a medical hardship dwelling shall terminate 90 days after the care-giving relationship between the dependent person and the care provider ceases for any reason, or 90 days after the property owner fails to renew the permit as required by JCC 19.43.040. Medical hardships are not transferable and may not be assumed by new owners.
i. The property owner shall apply to the Director for a verification of compliance with the removal or conversion requirements of this subsection within 90 days from the date of termination. Failure to apply for a verification of compliance shall be considered a violation of this code and could be subject to disconnection of the serving utilities. Verification of compliance shall include an inspection of the property and/or the hardship structure by a Building Official to verify the existence of one or more of the following circumstances:
[1] The hardship dwelling has been removed from the property; or
[2] The hardship dwelling has been converted to an authorized use, subject to the following rules:
[A] A recreational vehicle may not be converted for use as an accessory structure;
[B] A manufactured dwelling or converted accessory structure may be remodeled to qualify as some other authorized accessory structure by removal of the kitchen facilities. In determining the extent of remodeling needed to remove the kitchen facilities, the Director shall apply the factors listed in this section.
[C] Upon verification as provided in this subsection, the Director shall issue a notarized certificate of compliance verifying the property and structures comply with the requirements of this code. The property owner may record the certificate of compliance in the deed records.
B. Detached Living Space. The Director is authorized to permit a second structure/addition to provide additional living space only on an authorized lot or parcel when it is needed to meet the County housing needs. A detached living space shall be allowed subject to the following terms and standards:
1. Terms.
a. A “detached living space” shall mean a temporary single-family structure, which is ancillary to the legal principal dwelling on the lot or parcel, has no dining table or dining room, may have an induction cooking surface, but no wiring for or installation of a conventional oven. The intent of the detached living space is to provide incidental in size, nontransient human shelter and living space. “Tiny homes” on wheels are not considered detached living spaces.
b. A “detached living space, attached” shall mean a portion of the principal dwelling structure dedicated to, or converted for, use as an accessory single-family living space. Such attached housing is either in the principal dwelling, shares a common wall with the dwelling and has an independent entryway, or is attached to the principal residence by an enclosed passageway.
c. A “detached living space, detached” shall mean a freestanding ancillary single-family structure either built on site or stick-built elsewhere and moved to its location on a lot or parcel. Camping units, buses, or other vehicles are not considered detached living spaces.
2. Standards. Detached living spaces located in a UGB shall follow the rules adopted by the city to which the UGB is located, if such rules exist. In the absence of a UGB, or city rules, the following shall apply:
a. Detached living spaces may be permitted in the rural residential, community residential, limited development, serpentine, exclusive farm and farm resource zones, and the forest commercial and woodlot resource zones.
b. Detached living spaces are subject to the accessory building size limitations specified in JCC 19.72.060.
c. Detached living spaces can only be permitted if it can be demonstrated they will be served by a potable water source and by an existing or new private on-site sanitary waste disposal system or public sewer. Portable toilets are not permitted.
d. Detached living spaces shall meet Oregon Specialty Codes.
e. Detached living spaces shall not be rented on a transient or short-term basis.
f. The area within 100 feet surrounding the detached living space on all sides shall be kept free and clear of junk, waste, or flammable material. (In accordance with Chapter 19.76 JCC, Wildfire and Emergency Safety Standards.)
g. Number of Units.
[1] A maximum of one detached living space is allowed per lot or parcel.
[2] A detached living space is not allowed if it would result in being the third or more dwelling unit, or third or more unit with sleeping accommodations, on the lot or parcel.
h. Size.
[1] Detached living spaces, detached, shall not exceed 900 square feet.
[2] Detached living spaces, attached, shall not exceed 900 square feet and/or not exceed 50 percent of the floor area of the principal single-family dwelling structure of which it is a part (whichever dimension is smaller).
i. Setbacks.
[1] Detached living spaces shall meet the same setbacks as required for a new dwelling in the zoning district in which it is located.
[2] Detached living spaces shall be located within 100 feet of the principal single-family dwelling. If the applicant is able to provide a new fuel break for the structure, in accordance with Chapter 19.76 JCC, the unit may be allowed within 150 feet of the principal dwelling.
[3] No portion of an existing building that encroaches within a required yard setback may be converted to or used as a detached living space.
j. No new road access shall be allowed to serve the detached living space.
k. All development shall comply with the other applicable regulations outlined in the RLDC.
l. Prior to the issuance of any development permit, a deed restriction shall be filed with the Josephine County Clerk stipulating the detached living space is not and cannot be used as an independent dwelling unit.
m. Permit Required. All detached living spaces must be processed per JCC 19.43.020. After initial review, a development permit is required to authorize development.
n. When the detached living space is no longer utilized for its authorized purpose, it shall be removed from the property or converted to storage. A development permit shall be required for the change of use.
C. Mass Gathering. The Director is authorized to permit a mass gathering in any zoning district subject to the following review procedures:
1. Mass gatherings (small) for events between 100 and 500 persons requires ministerial review and the issuance of a development permit per JCC 19.22.030 and 19.41.020. A mass gathering application under this event size must be submitted 30 days prior to the event and must be accompanied by a traffic circulation plan (per Public Works); otherwise, the request cannot be accepted.
2. Mass gathering (medium) for events between 501 and 3,000 persons requires quasi-judicial review and the issuance of a development permit per JCC 19.22.040 and 19.41.020. The Director will be the review body for these applications per JCC 19.22.040(C). The underlying zone may require additional review procedures as applicable. A mass gathering application under this event size must be submitted 180 days prior to the event; otherwise, the request cannot be accepted.
3. Mass gathering (large) for events more than 3,000 persons or are anticipated to last more than 120 hours in any three-month period requires quasi-judicial review and the issuance of a development permit per JCC 19.22.040 and 19.41.020. The Planning Commission will be the review body for these applications per ORS 433.763 and JCC 19.22.040(D). The application is subject to the requirements under ORS 433.763 and any applicable requirements in the underlying zone. A mass gathering application under this event size must be submitted 180 days prior to the event; otherwise, the request cannot be accepted.
4. All mass gatherings are subject to the following review standards unless waived or changed by the review body:
a. A mass gathering shall be limited to no more than four calendar days in duration for each permit, exclusive of setup, teardown and cleanup;
b. A curfew for all activities associated with a mass gathering shall be in effect from the hours of 10:00 p.m. to 8:00 a.m.;
c. No site or event shall be approved for more than four gatherings within any 12-month period;
d. A permit shall not be issued prior to the Director obtaining written authorization from each of the following departments or agencies:
[1] Josephine County Sheriff’s Department;
[2] Josephine County Public Health Department;
[3] Josephine County Building Safety Division;
[4] Josephine County Public Works and/or Oregon Department of Transportation as applicable; and
[5] All fire agencies having jurisdiction or concern over the site or neighboring lands (the Director is authorized to identify the appropriate departments, districts or companies).
[6] The applicant shall provide a certificate of insurance (absolving the County from any liability) for the event. ORS. 433.755.
D. Temporary Storage of Unoccupied Manufactured Dwelling. A manufactured dwelling may be stored on a parcel already developed with a dwelling subject to the following standards:
1. The storage is for a period of time less than six months;
2. The permit is issued to the property owner only;
3. The manufactured dwelling is not occupied or connected to any utility service, including a sewage disposal system;
4. The manufactured dwelling is placed on the property in a way that meets all setback requirements. In addition, the Director is authorized to specify the siting of the manufactured dwelling to screen it from the view of adjoining properties; and
5. The Director may renew a development permit for the storage of a manufactured dwelling for one additional six-month period only. This time period may not be further extended by a variance permit.
E. Roadside Stands. A roadside stand for the sale of food, beverages, produce not grown on the property, or other goods or services may be allowed subject to the following standards:
1. The stand shall not be located in a public right-of-way unless the applicant submits written authorization from the public agency with authority over the right-of-way;
2. The stand shall be limited to 120 consecutive days, but may be extended by application for and issuance of a new development permit;
3. The applicant shall provide off-street parking consistent with Chapter 19.75 JCC; and
4. Authorization from the County Health Department shall be provided for all food or beverage sales. [Ord. 2022-001 § 1; Ord. 2018-003 § 1; 2005 RLDC § 43.030.]
19.43.040 Annual renewal of medical hardships.
A decision to renew a temporary use permit for a medical hardship dwelling shall be processed using ministerial review procedures as set forth in Chapter 19.22 JCC. Annual renewals shall be governed by the following standards:
A. Annual renewals shall occur as close as practical to one calendar year from the date of issuance of the permit, but the Director is authorized to collect and process renewals in groups or by calendar quarters, as may be convenient.
B. An application for renewal of a medical hardship dwelling, at a minimum, must be accompanied by the prescribed fee, a renewal statement signed and stamped from a medical doctor certifying continuance of the incapacity, and a written acknowledgment from the Josephine County on-site program stating the dwelling continues to be served by an authorized sewage disposal system. [Ord. 2022-001 §1.]