(A) Code compliance. No residential facility for persons with a disability shall be established unless it is proposed in a building that complies with all building, fire and health codes, as adopted, and this chapter, applicable to similar structures in the zoning district in which the residential facility for persons with a disability is proposed, and all requirements of this chapter.
(B) State license required. At the time of application for either a permitted or a conditional use permit to establish a residential facility for persons with a disability, the owner or provider shall provide to the city evidence that the facility is licensed by the State Department of Human Services for the type of facility being considered by the city. The City Council shall condition any conditional use approval on the presentation of evidence that the facility is licensed by the State Department of Human Services, as required by this division (B). Failure to provide such evidence shall be grounds for the city to invalidate any existing or pending approvals.
(C) Number of occupants. No residential facility for persons with disabilities shall be approved that would allow more than four occupants.
(D) State responsibility. The responsibility to license programs, or owners or providers that operate a residential facility for persons with disability, as well as require and monitor the provision of adequate services to consumers residing in these facilities, shall rest with the State Department of Human Services.
(E) Nontransferable permit. A permit to operate a residential facility for persons with disability, as authorized by this section, is nontransferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the facility, and as identified as the owner or provider as licensed by the state department of human services. A conditional use permit to operate a residential facility for persons with disability terminates if the building is devoted to another use or if the building fails to comply with any of the standards established herein.
(Prior Code, § 10-6-2) (Ord. passed 8-10-2006) Penalty, see § 153.999