For the purposes of this zoning ordinance, a shared housing facility that may be authorized to be located in a U1 and U2 Residence District, as set forth in Chapter 1123, shall comply with the following regulations.
(a) Licensing requirements.
(1) All applicants proposing a shared housing facility shall present evidence that the facility meets the certification, licensing and approval requirements of the appropriate state agency.
(2) The facility shall maintain the required certification or license from the appropriate state department at all times. Failure to do so shall be a violation of this Planning and Zoning Code.
(b) Compliance with regulations.
(1) The facility shall comply with the height requirements set forth in Chapter 1133, the area requirements set forth in Chapter 1135 and side and rear yard requirements set forth in Chapter 1141 for the district in which the facility is located.
(2) The facility shall comply with the health, fire and safety regulations, occupancy restrictions, and building standards and regulations that apply to single-family and two-family dwellings in a U1 District when located in a U1 District and with the health, fire and safety regulations, occupancy restrictions, and building standards and regulations that apply to apartment houses in a U2 District when located in a U2 District.
(c) Occupancy documentation for residential facilities. Prior to a mentally retarded or developmentally disabled person commencing residence in a residential facility family home or residential facility group home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. § 3602(h) of the Federal Regulations.
(d) Separation standard. No adult family home, adult group home or residential facility group home shall be located within 1,500 feet of any other shared housing facility, including, but not limited to, any group home, halfway house or other similar use existing and operating on the effective date of this section. Separation distances shall be measured from property line to property line by the shortest distance.
(e) Additional regulations for adult group homes and residential facility group homes.
(1) All activities, programs and other events shall be directly related to the conditional use permit applied for and as it is granted, and any changes from the approved conditional use permit shall be reviewed and approved by the Board of Zoning Appeals and City Council. All activities, programs and other events, and residents of the facility shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(2) The architectural design and site layout of the shared housing facility and the height of any walls, screens or fences connected with any said facility shall be compatible with adjoining land uses and the residential character of the neighborhood.
(3) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis and shall, at time of application, provide documentation on the training requirements for the staff providing supervision and a weekly shift schedule identifying the number and type of staff assigned to the facility.
(4) Signs or other means of identifying a shared housing facility shall not be permitted.
(5) The applicant shall comply with the applicable parking regulations and shall make adequate provision for on-site parking of vehicles used by visitors and home supervisors.
(f) Shared housing facility existing and operating on the effective date of this section. Any shared housing facility lawfully existing on the effective date of this section shall be deemed to be a nonconforming use unless such facility complies with all regulations for such use set forth in this Zoning Code. Any change, modification, enlargement or alteration of such use, site development, conditions or signs, change in ownership, or change in occupancy shall only be permitted upon review and approval by the Board of Zoning Appeals and City Council.
(Ord. 97-08, passed 12-2-2008)