§ 152.433 PROTECTIVE HOUSING, REHABILITATION/TREATMENT FACILITIES (BOTH RESIDENTIAL AND NON-RESIDENTIAL), TRANSITIONAL HOUSING, NURSING HOMES AND ASSISTED LIVING FACILITIES.
   (A)   Any newly constructed, or remodeled facility in a residential zone or immediately abutting a residential zone shall comply with the following design standards.
      (1)   All setbacks shall be according to the requirements of the residential zone in which the facility sits, or if the facility is in a commercial zone abutting a residential zone the setbacks shall be those of the abutting residential zone.
      (2)   All required or accessory parking areas shall be located either in the rear yard area of the lot or behind the main building or garage.
      (3)   Notwithstanding the maximum height restrictions of the individual residential zone. New building or additional buildings shall not exceed 110% of the average height of the closest dwellings on both sides of the proposed structure.
      (4)   In order for new construction to reflect the design and character of the existing neighborhood, the following standards shall be met.
         (a)   The roof design of the proposed structure or remodel roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the side of the block which the building is proposed on.
         (b)   The type of exterior materials shall be of the traditional home finished materials of brick, siding or stucco. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color and combination being uncharacteristic of the other buildings in the neighborhood.
   (B)   Protective housing, rehabilitation/treatment facilities (both residential and non-residential), transitional housing, nursing homes, and assisted living facilities are all permitted uses in areas zoned commercial. Non-residential treatment facilities shall not be a permitted use in a RR-1/2, RR-2 or RA Zone, Each permitted facility shall conform to the following requirements.
      (1)   The facility shall comply with all building, safety and health regulations, the American with Disabilities Act, fire regulations and all applicable state core standards and licensing requirements, and any standards set forth in any contract with a state agency.
      (2)   The following site development standards and parking standards shall be applicable.
         (a)   Each facility shall be subject to minimum site development standards applicable to a business in the zone in which the facility is located.
         (b)   The minimum number of parking spaces required shall be the same as the number required for an office building with similar size, occupancy and density in the same zone.
      (3)   Prior to occupancy of the facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall:
         (a)   Provide a certified copy of such license with the Town Clerk; and
         (b)   Certify, in a sworn affidavit submitted with application for a business license, compliance with the Americans with Disabilities Act.
(Ord. 14-08-04, passed 11-13-2014)