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<br /> 76 <br />this law, the Council has attempted to achieve the goals described above by removing <br />any special requirements for facilities for the disabled that would limit such individuals’ <br />choice of places to live; to the extent that such residences are subject to requirements <br />different from those applicable to similar uses of land, the Council has concluded that <br />no less discriminatory alternatives exist that would as effectively promote its interests <br />in reasonable accommodation and the preservation of residential neighborhoods. <br /> <br />B. Residential Congregate Care Facilities as a Residential Use. Residential Congregate <br />Care Facilities, as defined in Section 1.12.108 Definitions, are considered a residential <br />use of property, and may be permitted in all Residential Districts, and all other Zoning <br />Districts in which residential uses are either permitted, conditionally permitted, or sub- <br />ject to administrative review, and subject to the limitations prescribed in this section. <br /> <br />C. Applicability of Regulations. Residential Congregate Care Facilities shall be subject to <br />the zoning requirements of this section, and any subdivision, housing, and building reg- <br />ulations and codes expressly applicable to such Facilities, including building and fire <br />safety requirements. Nothing in those regulations and codes shall be construed to pro- <br />hibit such Facilities from locating where a residential use would otherwise be permitted <br />or conditionally permitted. No privately created covenant, equitable servitude, or other <br />contract or agreement shall be used as the basis of denial of permission to operate a <br />Residential Congregate Care Facilities that has met all other applicable requirements. <br /> <br />D. Over-Concentration and Minimum Spacing. To prevent an over-concentration of Resi- <br />dential Congregate Care Facilities in the City, all new Facilities for which the contem- <br />plated number of residents is more than six (not including live-in staff), and existing <br />Facilities that wish to increase the number of residents to more than six, must be a <br />minimum distance of 1,000 feet from another such Facility. Nothing in this subsection <br />shall prevent more than one Facility from locating in an individual apartment/condomin- <br />ium complex, providing the spacing requirements of this subsection are met. An adjust- <br />ment to the required minimum spacing may be granted pursuant to Subsection G: Ad- <br />justments to Required Minimum Spacing Requirement below. <br /> <br />E. Small Facilities Exempt from Required Minimum Spacing. Residential Congregate <br />Care Facilities with six or less residents (not including live-in staff) are exempt from the <br />spacing requirements of Subsection D: Over-Concentration and Minimum Spacing <br />above. Such Facilities, defined as “Residential Congregate Care Facilities, Limited” in <br />Section 1.12.108 Definitions, are permitted in all Residential Districts, and shall be per- <br />mitted in all other Zoning Districts pursuant to the same regulations as would apply to <br />any other residential use in such Districts. <br /> <br />F. Facilities with Total Occupancy of More 10 Adults. Residential Congregate Care Facil- <br />ities with more than 10 residents (including staff) who are 18 years of age, or older, are <br />subject to the requirements of Section 2.04.236 Maximum Dwelling Unit Occupancy. <br /> <br />City Council Hearing March 2, 2020 114