(a) Intent. The purpose of this section is to allow reasonable consideration of transitional housing facilities, as defined by this Ordinance, and to ensure that such housing does not alter the fundamental character of the City. This section is further intended to advance legitimate governmental interests by regulating transitional homes in a manner that ensures that the use of land is situated in appropriate locations and with proper relationships particularly to the surrounding land uses, limits inappropriate overcrowding of land or particular uses and/or congestion of population, and ensures that public streets and facilities are not overburdened. Such transitional housing shall be planned, designed and located in a manner that protects public health, safety and welfare.
(b) Applicability. The provisions of this section shall be applicable to various types of transitional and permanent homes which occupy dwellings or other structures. The Planning Commission may approve a transitional housing facility subject to and in accordance with this section and Section 3.03
.
(c) Conditions of Approval. As a condition to approval of a transitional housing facility, the applicant must comply with all the terms of this section and Section 3.03
, and must demonstrate all of the following:
(1) Taking into consideration the needs, facts, and circumstances which exist throughout the City and the population to be served by the use, the proposed transitional housing facility shall be necessary to afford such persons served by the home and opportunity to reside in and enjoy the City;
(2) Approval of the proposed housing shall not require or will not likely result in a fundamental alteration in the nature of the Zoning District and neighborhood in which the property is situated, or result in an excess concentration of such proposed housing in a particular area, considering the cumulative impact of one (1) or more other uses and activities in, or likely to be in, the area, and shall not impose undue financial and administrative burden. The interests of the City shall be balanced against the need for accommodation on a case-by-case basis; and
(3) No other specific Ordinance provision exists that is available to provide the relief sought.
(d) Application Provisions. The application for a transitional housing facility shall include the following:
(1) A concept plan drawn to scale showing the proposed use and development. At a minimum, the plan shall include the following information:
A. Evidence of ownership; location and description of site; dimensions and areas;
B. Scale, north arrow, date of plan;
C. Existing zoning of site; existing land use and zoning of adjacent parcels; location of existing buildings, drives and streets on the site and within 100 feet of the site;
D. Location, type and land area of each proposed land use; dwelling unit density (dwelling units per acre);
E. General description of proposed water, sanitary and storm drainage systems;
F. Existing natural and man-made features to be preserved or removed; location of existing structures, streets and drives; location, width and purpose of existing easements;
G. General location, function, surface width and rights-of-way of proposed public and private streets;
H. General location of proposed parking and number of spaces required and provided.
(2) A separate document that provides the number of residents served, resident services provided and the anticipated length of stay, and staffing and duties performed.
(e) Standards and Regulations. In order to be entitled to the approval of a transitional housing facility, the following must be demonstrated by the applicant:
(1) All the requirements for entitlement to approval under subsection 6.27 (c) of this section, shall be met;
(2) The intensity of the use (e.g., number of residents in the residential facility) shall be the minimum required in order to achieve feasibility of the use; and
(3) The use, and all improvements on the property shall be designed and constructed to meet the following standards and conditions:
A. Taking into consideration the size, location and character of the proposed use, the proposed use shall be established in such a manner to be compatible and harmonious, as determined by the application of generally accepted planning standards and/or principles, with;
i. The surrounding uses; and/or
ii. The orderly development of the surrounding neighborhood and/or vicinity.
B. The proposed use shall be designed to ensure that vehicular and pedestrian traffic shall be no more hazardous than is normal for the district involved, taking into consideration traffic volume, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and pedestrian traffic safety;
C. The proposed use shall be designed and operated so as not to unreasonably impact upon surrounding property in terms of noise, dust, fumes, smoke, air, water, odor, light and/or vibration, and shall not unreasonably impact upon persons perceiving the use in terms of aesthetics;
D. The proposed use shall be such that the location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings and will not have a detrimental effect upon their value;
E. The proposed use shall be designed, located, planned and operated in such a manner that the public health, safety and welfare will be protected; and
F. The proposed use shall be designed and operated so as not to cause substantial injury to the other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.
(f) Design Standards. All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply, subject to the right of the Planning Commission to alter and supplement such standards and regulations the Planning Commission finds to be needed and reasonably proportionate to the impacts of the use given the facts and circumstances attendant to a particular case. In rendering a decision, the Planning Commission will weigh the need or extent of the accommodation which may be required, against the spirit of this Ordinance to ensure that public safety is secured, and substantial justice done, and that the essential character of the neighborhood and/or district is not altered.
(g) Conditions. In connection with the approval of a transitional housing facility, the Planning Commission may impose such conditions as are authorized by law.
(h) Effect of Approval.
(1) The effect of an approval under this section shall be for the exclusive benefit and occupancy of such persons in need of transitional housing as represented by the applicant. If a change in such use occurs such that it is occupied by others, the regulations applicable within the district in which the property is situated shall thereupon immediately and fully apply. An approval under this section shall not be final until such time as the applicant records an affidavit at the office of the register of deeds in connection with the property, in a form approved by the City Attorney, providing notice of the terms of this provision.
(2) An approval under this section shall be effective for a period of one (1) year and shall thereafter be void unless there is an occurrence of actual occupancy by persons for whom the transitional home has been made in granting approval.
(3) Transitional housing facilities shall obtain a certificate of registration in accordance with Chapter 1460, Residential Rental Properties, of the Code.