Ord 2022-022 Zoning Code Amendments for Housing Element

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Proposed Code Amendments 3 Section 2.04.204 is amended to read as follows: 2.04.204 RM District—Use Regulations A. RM District—Permitted Uses. The following uses are allowed in the RM District, and a conditional use permit is not required. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.) 1. Accessory uses when in conjunction with a permitted use. 2. Garage and Yard Sales. (Limited to two times per year on the premises of the property owner or a residential property in the immediate vicinity.) 3. Multi-Family Residential. 4. Park and Recreation Facilities, Public. 5. Two-Family Residential. 6. Utilities, Minor. Section 2.04.232 is amended to read as follows: 2.04.232 Residential Congregate Care Facilities and Limited Group Housing A. Purpose and Intent. The City Council finds that certain people, including elderly persons, persons suffering from chronic illnesses, and persons with mental or physical disabilities, including persons recovering from drug and/or alcohol addiction, often benefit from living in a non-institutional 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 preservation 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 facilities for the individuals listed above can impair the character of residential neighborhoods, 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 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 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,