(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY RESIDENCE.
(a) A single dwelling unit occupied on a permanent basis by a group of unrelated persons with handicaps and/or disabilities, plus paid professional support staff provided by a sponsoring agency either living with the residents on a 24-hour basis or available in accordance with the particular needs of the residents; is state licensed; is registered with the city; and complies with all applicable state and city codes, regulations and ordinances and with the zoning regulations for the residential district it is located.
(b) COMMUNITY RESIDENCE does not include a residence which serves as an alternative to incarceration for a criminal offense, persons whose primary reason for placement is substance or alcohol abuse or persons whose primary reason for placement is treatment of a communicable disease.
DWELLING UNIT. One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathroom and complete single kitchen facilities permanently installed to serve the entire family shall always be included within each DWELLING UNIT.
FAMILY. An individual or married couple and the children thereof with not more then two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons living together as a single housekeeping unit in a dwelling unit.
HANDICAP. A physical or mental impairment which substantially limits one or more of such person’s major life activities, impairs their ability to live independently or a record of having such an impairment or being regarded as having such an impairment, but such terms does not include the current use of or addiction to a controlled substance or treatment for the use or addiction to alcohol.
PERSON WITH A DISABILITY. Any individual whose disability:
(a) Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments;
(b) Is likely to continue for a significant amount of time or indefinitely;
(c) Results in functional limitations in three or more of the following areas of major life activities:
1. Self-care;
2. Receptive or expressive language;
3. Learning;
4. Mobility;
5. Self direction;
6. Capacity for independent living; and/or
7. Economic self-sufficiency.
(B) Registration. Once a community residence license is issued by the state for a dwelling unit, it must register with the city’s Building and Housing Department. After the initial registration, this registration must be completed annually before the end of June of each year thereafter, and it must be updated whenever any of the information provided changes. The below information will be included in the registration:
(1) The location of the community residence;
(2) The number of persons who will be residing on the premises;
(3) The name and address of the individual and if a firm, partnership or association, the name of every member thereof and, in the case of a corporation, the principal address of the corporation and name and address of its officers who will be operating the community residence;
(4) The name of the person under whose management or supervision the community residence will be conducted; and
(5) The number, experience and training of employees of the community residence.
(C) Inspections.
(1) Every community residence shall be open at all reasonable times to inspection by the Board of Health, the Director of Building and Housings and the Fire Inspectors as often as is deemed necessary.
(2) Every community residence will be inspected once it opens, and annually every year thereafter before the end of June, and every community residence will be required to pay the inspection fee imposed by the city’s Housing Department and the fee imposed by the city’s Fire Department
(3) Whenever an inspection of a community residence discloses that the continued operation of such facility would be found to impose a public health and safety concern, the state which issued the community residence license will be immediately notified by the city.
(D) Spacing requirements. Community residences are subject to spacing requirements of one per city block. In no event shall such facilities be located closer than 1,200 feet to another as measured from the nearest property line.
(E) Zoning. Community residences are permitted uses in all the districts zoned residential.
(Ord. 11-O-1987, passed 5-18-2011)