(a) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
(1) The resident intends to live at the dwelling on a continuing basis; and
(2) The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(b) Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. §3602(h) and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a conditional use permit is granted.
(c) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.
(d) In order to maintain the residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use certificate for the premises.
(e) Signs or other means of identification as a family home for handicapped persons shall not be permitted.
(f) The applicant shall comply with the applicable parking regulations of the Planning and Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
(g) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a family home be closer than 1,000 feet, measured from property line to property line, from where another family home or group home for handicapped persons is located.
(h) Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate.
(i) Conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with existing City regulations.
(Ord. 62-2023. Passed 1-16-24.)