Ord 2020-002 Zoning Code amends for Cannabis

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recovering from drug and/or alcohol addiction, often benefit from living in a non -institu- tional residential environment, which is frequently cost-effective and more humane and therapeutic. The Council also finds that, under the federal Fair Housing Act, 42 U.S.C. 3601 et seq., the City has an obligation to provide reasonable accommodation for the disabled, including changing, waiving, and making exceptions to zoning rules that would otherwise have the effect of limiting the ability of such individuals to live in the residence of their choice in the community. The Council further finds that the preserva- tion and protection of the character of residential neighborhoods is in the best interest of the public health, safety, and welfare, and that over -concentration of residential fa- cilities for the individuals listed above can impair the character of residential neighbor- hoods, thereby defeating the very reason for providing residential accommodations for such individuals. Thus, the Council concludes that a set of land use laws that flexibly limits the concentration of residential facilities for the individuals listed above can bal- ance the City's complementary interests in reasonably accommodating disabled indi- viduals seeking a residential living environment and in preserving the character of res- idential neighborhoods. The purpose of this section is to enact such a law. In enacting this law, the Council has attempted to achieve the goals described above by removing any special requirements for facilities for the disabled that would limit such individuals' choice of places to live; to the extent that such residences are subject to requirements different from those applicable to similar uses of land, the Council has concluded that no less discriminatory alternatives exist that would as effectively promote its interests in reasonable accommodation and the preservation of residential neighborhoods. B. Residential Congregate Care Facilities as a Residential Use. Residential Congregate Care Facilities, as defined in Section 1.12.108 Definitions, are considered a residential use of property, and may be permitted in all Residential Districts, and all other Zoning Districts in which residential uses are either permitted, conditionally permitted, or sub- ject to administrative review, and subject to the limitations prescribed in this section. C. Applicability of Regulations. Residential Congregate Care Facilities shall be subject to the zoning requirements of this section, and any subdivision, housing, and building reg- ulations and codes expressly applicable to such Facilities, including building and fire safety requirements. Nothing in those regulations and codes shall be construed to pro- hibit such Facilities from locating where a residential use would otherwise be permitted or conditionally permitted. No privately created covenant, equitable servitude, or other contract or agreement shall be used as the basis of denial of permission to operate a Residential Congregate Care Facilities that has met all other applicable requirements. D. Over -Concentration and Minimum Spacing. To prevent an over -concentration of Resi- dential Congregate Care Facilities in the City, all new Facilities for which the contem- plated number of residents is more than six (not including live-in staff), and existing Facilities that wish to increase the number of residents to more than six, must be a minimum distance of 1,000 feet from another such Facility. Nothing in this subsection shall prevent more than one Facility from locating in an individual apartment/condomin- Page 70 of 459 City Council Hearing March 2, 2020