Ord 2020-002 Zoning Code amends for Cannabis

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ium complex, providing the spacing requirements of this subsection are met. An adjust- ment to the required minimum spacing may be granted pursuant to Subsection G: Ad- justments to Required Minimum Spacing Requirement below. E. Small Facilities Exempt from Required Minimum Spacing. Residential Congregate Care Facilities with six or less residents (not including live-in staff) are exempt from the spacing requirements of Subsection D: Over -Concentration and Minimum Spacing above. Such Facilities, defined as "Residential Congregate Care Facilities, Limited" in Section 1.12.108 Definitions, are permitted in all Residential Districts, and shall be per- mitted in all other Zoning Districts pursuant to the same regulations as would apply to any other residential use in such Districts. F. Facilities with Total Occupancy of More 10 Adults. Residential Congregate Care Facil- ities with more than 10 residents (including staff) who are 18 years of age, or older, are subject to the requirements of Section 2.04.236 Maximum Dwelling Unit Occupancy. G. Adjustments to Required Minimum Spacing Requirement. Approval to locate a Resi- dential Congregate Care Facilities with more than six residents (not including live-in staff) closer than 1,000 feet from another such Facility is subject to approval of an Ad- justment to the Minimum Spacing Requirement, as outlined below: Application and Noticing. The Board of Zoning Adjustments shall hold a public hearing on all applications for an Adjustment to the Minimum Spacing Requirement pursuant to this section. Public notices shall provide notice as set forth in Section 5.08.116 Notice and Public Hearing. 2. Findings Requiring Denial of Request. All applications for Adjustment to the Mini- mum Spacing Requirement pursuant to this section shall be granted unless the Board of Zoning Adjustments finds all of the following: a. That the proposed Residential Congregate Care Facility, at the location being requested, would impose an undue administrative or financial burden on the City; b. That the proposed Residential Congregate Care Facility, at the location being requested, would effect a fundamental change in the nature of the neighbor- hood in which it proposes to locate; and c. That the proposed Residential Congregate Care Facility, at the location being requested, would significantly compromise the City's interest in maintaining either the residential character of the surrounding neighborhood or reasonable accommodation to disabled persons seeking a residential living environment. 3. Adjustment Review Process Does Not Limit Number of Facilities. The Board of Zoning Adjustments shall neither interpret nor enforce this subsection in a manner, Page 71 of 459 City Council Hearing March 2, 2020