13a Action Items - Laserfiche WebLink

Home

4 concentration of residential facilities for the individuals listed above can balance the City’s complementary interests in reasonably accommodating disabled individuals seeking a residential living environment and in preserving the character of residential 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 and Limited Group Housing, 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 subject to administrative review, and subject to the limitations prescribed in this section. C. Applicability of Regulations. Residential Congregate Care Facilities and Limited Group Housing shall be subject to the zoning requirements of this section, and any subdivision, housing, and building regulations and codes expressly applicable to such Facilities, including building and fire safety requirements. Nothing in those regulations and codes shall be construed to prohibit 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. 1. Limited Residential Congregate Care Facilities and Limited Group Housing. “Residential Congregate Care Facilities, Limited” and “Group Housing, Limited” defined in Section 1.12.108 Definitions, are subject to the same development standards for the applicable residential type in the applicable zone. 2. Residential Congregate Care Facilities with More than Six Residents. All new Residential Congregate Care Facilities for which the contemplated number of residents is more than six (not including live-in staff), and existing Residential Congregate Care Facilities that wish to increase the number of residents to more than six are also subject to the following requirements. Da. Over-Concentration and Minimum Spacing. To prevent an over-concentration of Residential Congregate Care Facilities in the City, all new Facilities for which the contemplated number of residents is with more than six residents (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 1,000750 feet from another such Facility. Nothing in this subsection shall prevent more than one Facility from locating in an individual apartment/condominium complex, providing the spacing requirements of this subsection are met. An adjustment to the required minimum spacing may be granted pursuant to Subsection GC.2.c: Adjustments 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 permitted in all other Zoning Districts pursuant to the same regulations as would apply to any other residential use in such Districts. Fb. Facilities with Total Occupancy of More 10 Adults. Residential Congregate Care Facilities 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. Gc. Adjustments to Required Minimum Spacing Requirement. Approval to locate a Residential Congregate Care Facilities Facility with more than six residents (not including live-in staff) closer than 1,000750 feet from another such Facility is subject to approval of an Adjustment to the Minimum Spacing Requirement, as outlined belowa Major Site Plan Review per Chapter 5.12 and the following: