Ord 2022-022 Zoning Code Amendments for Housing Element

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4 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. a. Over-Concentration and Minimum Spacing. To prevent an over-concentration of Residential Congregate Care Facilities in the City, all Facilities with more than six residents (not including live-in staff) must be a minimum distance of 750 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 C.2.c: Adjustments to Required Minimum Spacing Requirement below. b. 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. c. Adjustments to Required Minimum Spacing Requirement. Approval to locate a Residential Congregate Care Facility with more than six residents (not including live-in staff) closer than 750 feet from another such Facility is subject to approval of a Major Site Plan Review per Chapter 5.12 and the following: i. 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 Official 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 neighborhood 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. ii. Adjustment Review Process Does Not Limit Number of Facilities. The Zoning Enforcement Official 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. iii. Ability to Impose Conditions. The Zoning Enforcement Official 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. iv. Appeals. A Decision by Zoning Enforcement Official may be appealed to the Board 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 Density Zoning District Minimum Density Maximum Density * RD n.a. 2 dwelling units per parcel