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(1) Intent. This section is intended to reasonably regulate the number of persons who can live in a residential dwelling unit. The City finds that occupancy limits are needed to provide density control; preserve and enhance residential neighborhoods as stable, quiet places for citizens to live and raise children; protect safety and welfare; and maintain property values. Such limits are also needed to ensure that there are adequate public and private facilities including adequate offstreet parking, utilities, and adequate lot size to accommodate the residents of each dwelling unit without impairing the character of the neighborhood. The City also finds there are a number of residential living arrangements other than the traditional biological family arrangement. This section is intended also to accommodate those alternative living arrangements.
(2) A dwelling unit may not be occupied by more persons than 1 of the following family living arrangements:
(a) A family.
(b) A domestic unit living as a single housekeeping unit which has received either administrative approval from the Zoning Administrator (domestic units with two or fewer members) or a Special Land Use Permit pursuant to Section 3.03.
(3) In addition to the standards of Section 3.03, a special land use permit for a domestic unit with three or more occupants is subject to the following standards and regulations:
(a) It must meet the definition of Domestic Unit in Section 2.02.
(b) Two offstreet parking spaces must be provided. Additional parking spaces may be required by the Planning Commission if any of the following conditions are met:
i. Street parking available for visitor parking is limited.
ii. The petitioner intends to park more than 2 vehicles regularly on the site and there is limited area available for tandem parking in a driveway. In order for the Planning Commission to determine if adequate parking will be provided, the petitioner must submit a plan indicating the location of proposed offstreet parking and an analysis of public parking provided within a 300-foot radius of the parcel.
(c) The permit shall apply only to the domestic unit which obtained the permit and shall be limited to the number of persons specified in the permit.
(d) There is a contact person who will act as head of household in relating to the City.
(4) The Zoning Board of Appeals may grant a variance from the standards of this section if it is reasonably necessary to give a handicapped person (as defined in 42 USC Section 3602) equal opportunity to use and enjoy a dwelling.
(5) The occupancy limits of this section do not apply to rooming or boarding houses, fraternity or sorority houses, student cooperatives, emergency shelters, or convalescent homes.