(A) Application; nontransferable permit. A residential facility for elderly persons shall be reviewed as either a permitted or a conditional use land use application. The approval of a residential facility for elderly persons is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons, or if the structure fails to comply with the requirements of this section.
(B) Number of occupants. No residential facility for elderly persons shall be approved that would allow more than four occupants.
(C) Prohibited persons. No person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons.
(D) Requirements. No residential facility for elderly persons shall be established unless:
(1) It is proposed in a building that complies with this chapter and adopted building code, and is comparable to similar structures in the zoning district in which the facility is proposed;
(2) The residential facility for elderly persons proposes no fundamental change in the character of the residential neighborhood; and
(3) Placement in a residential facility for elderly persons be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.
(E) Modifications. The land use authority, in reviewing an application to establish a residential facility for elderly persons, may, to the extent necessary, modify the requirements of this section, if such modifications are necessary to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility.
(Prior Code, § 10-6-4) (Ord. passed 8-10-2006) Penalty, see § 153.999