4.10 TEMPORARY ACCESSORY DWELLINGS FOR MEDICAL PURPOSES (TAD)

The Town of Castle Valley (herein referred to as Town) allows only one Dwelling per legally platted lot. Repeated surveys regarding owners’ and residents’ preferences have continually supported maintaining one Dwelling per lot, as well as a rural agricultural environment. Over the years, however, a few residents have requested a way to care for aging parents who are able to maintain a separate residence but need close proximity of their family for assistance. The Temporary Accessory Dwelling For Medical Purposes section of this land use ordinance is designed to accommodate this specific need. No TAD shall be allowed that does not comply with maximum square footage and building height requirements as further provided for in this Land Use Ordinance. Property owners may remove a building or buildings in order to install a TAD and not exceed Town Land Use Regulations pertaining to maximum square footage and building height requirements. 4.10.1 Physical Characteristics A. TADs must be a recreational vehicle, park trailer, or a single-wide manufactured home. B. TADs must remain mobile by retaining their wheels, axles, and towing hitch. No TAD may have masonry skirting. C. TADs must be connected to the main Dwelling’s utilities and septic system. A septic upgrade is permitted, but no second septic system is allowed for a TAD. There will be no second electric meter for the TAD. D. TADs must be situated to the main Dwelling in a manner that does not disrupt the current view shed of adjoining neighbors, and to protect open space. E. TADs may not have a basement, or other additions. No additional Accessory Structures to serve the TAD shall be permitted. 4.10.2 Use A. Residents of a TAD are limited to people certified infirm, either physically or mentally, or to no more than three (3) care givers for the infirm property owners residing in the principle residence. The latter must be certified to be infirm. A care giver may be allowed to reside in the TAD with the infirm family member upon approval by the Town Council. Infirmity means that the person(s) are incapable of maintaining a residence on separate property. The infirmity must be due to physical or mental impairment. Financial hardship conditions, childcare and other convenience arrangements not relating to physical and mental impairment are not considered an infirm condition for which a permit can be issued. B. The nature of the infirmity must be certified by two (2) written statements: one from the patient’s current primary care medical doctor (MD) or osteopath (DO), the second opinion from the patient’s local primary care medical doctor from a Utah or Colorado licensed MD or DO. The statements shall be on the care provider’s stationary or stamped by the office, and shall indicate that the patient is not physically or mentally capable of maintaining him/herself in a residence on a separate property, and is dependent upon someone being close by for assistance. The Town Council may allow the second certification from the patient’s local primary care doctor to be submitted to the Town within three (3) months of the infirm family member taking occupancy of the TAD. C. TADs may only be used by immediate family members or designated caregivers. “Immediate family” is defined as the parents, children and siblings only of the property owners or lawful tenant of the property owner. D. No more than a total of three (3) persons shall occupy a TAD. E. Applicants must be one of the following: the property owner or legal tenant of the subject lot; the property owner’s or legal tenant’s health-care power of attorney or legal guardian; a resident named as a trustee on the title of the subject lot; or an immediate family member of the lot owner or legal tenant. If the applicant is not the property owner, the property owner (or legal guardian) must consent to the requirements of this application in writing including having their signature notarized on the application. F. A TAD permit is issued for a specific type of occupant to be listed on the permit such as a designated or paid caregiver, an immediate family member, or the property owner. Only the type of occupant listed in the permit may reside in the TAD. G. No TAD may be rented or leased. H. The care giver may remain in the TAD for up to thirty (30) days after the infirm family member no longer resides in the TAD. 4.10.3 Other A. TADs must remain taxable as personal property. The owner must retain the title, or “MSO”, and a copy must accompany the application and be filed with the Town. No “affidavit of an affixture” may be filed. B. The applicant must receive Town approval for temporary use of water rights to allow the temporary residential use of a TAD. C. TAD permits do not run with the land. No amount of investment by the permittee shall constitute a reason to have the TAD run with the land. D. A permittee assumes all financial risk related to installing and removing a TAD. E. No TAD shall violate the provisions of any deed restriction. F. The permit shall be signed by all of the property owners of the subject property and their signatures notarized, and recorded in the Recorder's Office of Grand County, Utah. 4.10.4 Renewal Of Permits A. TAD permit is valid for no more than two (2) years from the date of issuance and must be renewed on a biannual basis. All renewal requests must comply with the requirements for issuance specified at the time of renewal. B. It is the sole responsibility of the applicant to initiate and complete the renewal process. C. The Town will attempt to give a courtesy notice of the upcoming renewal date, but failure to receive notice does not waive enforcement of the renewal compliance date. D. The permit shall not be renewed until a review has been conducted by the Designated Land Use Authority to determine the continued validity of the use. E. Updated certifications of infirmity must be received from the patient’s local primary care medical doctor from Utah or Colorado licensed medical doctors or osteopaths, unless the Town Council waives this requirement. 4.10.5 Expiration Of Permit A. A TAD permit will expire immediately when any one (1) of the following occurs: 1) At the end of two (2) years, if the permit has not been renewed. 2) When the designated users of the TAD or the principal residence can no longer maintain a separate residence. 3) When there is no longer someone residing in the principle residence who can provide the needed assistance for the residents of the TAD. B. The applicant shall agree to remove or decommission the TAD within ninety (90) calendar days after the unit has ceased to be used by the person(s) for which the permit was issued. In any event, the unit shall be removed from the premises by the day of the expiration of the permit, unless the permit has been renewed or the TAD has been decommissioned in conformity with these requirements. C. Upon completion of the permitted use, the TAD must be: 1) decommissioned as a Dwelling; 2) removed from the property if it is a single-wide manufactured home; or 3) stored in a manner that includes being disconnected from the septic and all utilities if it is a recreational vehicle. D. The Applicant may decommission, as a Dwelling, a TAD that is a single-wide manufactured home and convert it to an Accessory Structure through a nonroutine Decommissioning Contract. Conditions may be placed by the Planning and Land Use Commission in the nonroutine decommissioning contract to include: removal of some of the fixtures, facilities, and plumbing that are part of what defines a Dwelling in this Land Use Ordinance, such as the removal of circuits, or abandonment of both ends of the circuit, and gas line stubs used for cooking facilities, all the way to the attic or the crawl space; attachment of structure to an approved permanent foundation as provided for in the most recent ICBO Guidelines for Manufactured Housing Installation; a statement of the intended new use; and guarantee that the building will never be used as a Dwelling regardless of length of time of occupancy. Decommissioning must occur within ninety (90) calendar days after the unit has ceased to be used by the person(s) for which the permit was issued. 4.10.6 Permits Revoked A. Permits are revoked when any one or more of the following occur: 1) The property is transferred, assigned or sold. The TAD must be removed from the property before the property is conveyed. 2) Any one or more of the requirements of the TAD permit are violated. B. If the permit is revoked, the TAD must be removed within two (2) weeks of the property owners being notified in writing of termination of the permit, except as noted in a. above. A certified letter sent to the most recent address on file with the Town will suffice as notification. 4.10.7 Compliance A. In order to assure compliance with this permit, the permit holder agrees to inspections by the Town’s designated person at any reasonable time after prior notification. B. A security deposit of $1000.00 will be held in an interest bearing escrow account for the duration of the permit. If the Town finds that enforcement of the security deposit requirement would cause substantial hardship and there is adequate substitute security for removal of the TAD, then the security deposit can be waived. In lieu of the security deposit the Town may accept a note and trust deed on the property as collateral for the security deposit. C. In the event that the TAD permit has expired or been revoked and the property owner has not removed the TAD in the time designated in subsections 5.B or 6.B of this section, the Town shall have the right to immediately and permanently remove the TAD from the subject lot, by means of a Court order or injunction to do so, or by any other lawful means. The security deposit shall be applied to costs of removal and/or compliance with this land use ordinance if the applicant has not paid all costs of removal and compliance. D. In the event the Town does not take any action to remove the TAD from the subject property in accordance with its rights to do so set forth in subsection 7.B of this section above, the Town’s inaction, on one or more occasions, shall not be deemed a waiver or forfeiture or the Town’s rights as set forth in this permit, to remove the TAD at any time thereafter. E. All applicants must sign a written statement that they have read, understood and will comply with the requirements of this land use ordinance. F. All applicants must sign an acknowledgement of the number of permitted Dwellings per platted lot. G. In the event that the applicant fails to comply with this land use ordinance, the Town will recover the costs of compliance by obtaining a judgment against the applicant and foreclosing on the judgment lien against the property