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Proposed Code Amendments 5 1. 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. 21i. Findings Requiring Denial of Request. All applications for Adjustment to the Minimum Spacing Requirement pursuant to this section shall be granted unless the Zoning Enforcement OfficialBoard of Zoning Adjustments finds all of the following: a(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(b). That the proposed Residential Congregate Care Facility, at the location being requested, would effect a fundamental change in the nature of the neighborhood in which it proposes to locate; and c(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. 32ii. Adjustment Review Process Does Not Limit Number of Facilities. The Zoning Enforcement OfficialBoard of Zoning Adjustments shall neither interpret nor enforce this subsection in a manner, which creates a ceiling quota on the number of Residential Congregate Care Facilities that may locate in the City, or impose limitations, beyond those prescribed by Code, as to the number of persons who may live in such Facilities. 43iii. Ability to Impose Conditions. The Zoning Enforcement OfficialBoard of Zoning Adjustments may impose conditions on an Adjustment to Spacing Limitations, in the same manner and subject to the same limitations as provided for the approval of a Use Permit or Variance, as prescribed in Section 5.08.128 Conditions of Approval. 54iv. Appeals. A Decision by Zoning Enforcement OfficialBoard of Zoning Adjustments may be appealed to the City CouncilBoard of Zoning Adjustments pursuant to the requirements of Chapter 5.20 Appeals. Section 2.04.304 is amended to read as follows: 2.04.304 Maximum Density Zoning District Minimum Density Maximum Density * RD n.a. 2 dwelling units per parcel RM-3000 n.a. 14.5 dwelling units per acre RM-2500 12 dwelling units per acre 17.5 dwelling units per acre RM-2000 12 dwelling units per acre 22 dwelling units per acre RM-1800 12 dwelling units per acre 24 dwelling units per acre RM-875 20 dwelling units per acre 50 dwelling units per acre RO n.a. Varies based on parcel size. See Section 2.04.384 RO District— Additional Dwelling Units RS n.a. 1 dwelling unit per parcel RS-40 n.a. 1 dwelling unit per parcel RS-VP n.a. 1 dwelling unit per parcel