A. The permitted use designation of a residential facility for elderly persons, a residential facility for persons with a disability, or a group home is contingent upon compliance with the provisions in this article. Noncompliance with this article constitutes a nonpermitted use under this article.
B. A residential facility for elderly persons, a residential facility for persons with a disability, or a group home that poses a serious or direct threat to the health or safety of another person or another's property, and the threat to health and safety cannot be adequately abated with a reasonable accommodation(s), is not a permitted use.
C. Determining whether an individual resident, a residential facility for elderly or disabled persons, or group home poses a direct or serious threat, thereby constituting a nonpermitted use, must be made on an individualized basis, based on overt acts, past criminal history, violent or aggressive sexual acts, passage of time since such acts, evaluations, and/or factually supported reports. Such determination shall not be based on general assumptions or speculation about the nature of a disability, group home, or residential facility.
D. The normal and proper procedures for abating a nonpermitted use shall be followed should an existing home or facility be found in noncompliance with this article. The land use administrator is encouraged to advise an owner, operator, or applicant of the application process to request a reasonable accommodation, if appropriate. (Ord. 2014-16, 8-25-2014)