A. A residential care facility for the elderly or disabled may not be established unless:
1. A conditional use permit has been issued;
2. Development review and approval of a final site plan has occurred and a building permit has been issued.
B. Residential care facilities shall be permitted in accordance with the chart of allowed and conditional uses provided they are:
1. Licensed or certified by the department of human services;
2. Reasonably dispersed throughout the county and the facility is not within three-fourths (3/4) of a mile of another residential care facility for elderly persons or disabled;
3. Limited by the number of occupants with a minimum of four (4) occupants. The maximum number of occupants shall be determined by the amount of bedrooms with no more than two (2) occupants per bedroom;
4. The facility is capable of use as a residential care facility without structural alterations to an existing building or landscaping that would change the structure's residential character or impose adverse impacts to the residential neighborhood;
5. The traffic flow will not negatively impact the existing residential neighborhood and adequate off street parking space has been provided in accordance with the provisions of this title;
6. No person being treated for alcoholism or drug abuse will be placed in a residential care facility for elderly persons;
7. Placement in a residential care facility for disabled and elderly persons is on a strictly voluntary basis and is not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility. (Ord. 737, 4-14-2010)