(A) Nothing in this chapter shall prohibit a religious organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(B) (1) Nothing in this chapter limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this chapter regarding familial status apply with respect to housing for older persons.
(2) As used in this section,
HOUSING FOR OLDER PERSONS means housing:
(a) Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or
(b) Intended for, and solely occupied by, persons 62 years of age or older; or
(c) Intended and operated for occupancy by at least one person 55 years of age or older per unit if the following requirements are met:
1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
2. That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and
3. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(Ord. 1993-1, passed - -1993; Am. Ord. 2002-4, passed 4-16-2002)