§ 154.251 PERMIT PROCESS.

   (A)   A residential facility for elderly persons shall be allowed as a conditional use following procedures outlined in §§ 154.130 through 154.141 under the following conditions:

      (1)   The facility meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;

      (2)   Provide for adequate off-street parking;

      (3)   The facility is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character;

      (4)   Residential facilities for elderly persons can be dispersed throughout the county;

      (5)   No person being treated for alcoholism or drug abuse is placed in a residential facility for elderly persons; and

      (6)   Placement in a residential facility for elderly persons is on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

   (B)   Decisions regarding the application for a conditional use permit by a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility’s residents.

(Ord. 2024-5-3, passed 5-13-2024)