The development standard set forth in this section shall apply to any residential facility for elderly persons or residential facility for persons with a disability:
(A) Building safety and health regulations. All facilities shall comply with any building safety and health regulations applicable to similar structures.
(1) Each facility shall be subject to the same development standards applicable to similar structures located in the same zoning district in which the facility is located.
(2) The minimum number of parking spaces required for a facility shall be the same as for similar structures located in the same zoning district in which the facility is located.
(B) No dangerous persons permitted. No facility may be made available to an individual who has demonstrated, by prior behavior, actions, and/or criminal convictions, or as a resident, that he or she:
(1) May be determined to be, or does constitute, a direct threat or substantial risk to the health or safety of other individuals; or
(2) Has, or may engage in, conduct resulting in substantial physical damage to the property of others.
(C) License and certifications.
(1) Prior to occupancy of any facility or the issuance of a business license, building permit, or conditional use permit, the person or entity operating the facility shall:
(a) Provide to the city a copy of any license or certifications required by the State Department of Health or the State Department of Human Services; and
(b) Certify in a sworn statement that no person will reside or remain in the facility whose tendency would:
1. Constitute a direct threat to the health or safety of other individuals; or
2. Result in substantial physical damage to the property of others.
(2) If, after a reasonable investigation, staff or the City Council determines a residential facility for persons with a disability might create a fundamental change in the character of a neighborhood, the item shall be scheduled for a public hearing before the City Council.
(3) The City Council, acting as the Land Use Authority, may exclude the facility from a zone if it finds that the proposed residential facility for persons with a disability would likely create a fundamental change in the character of a residential neighborhood.
(4) The factors to be analyzed in determining whether a fundamental change in the character of a residential neighborhood might be caused include, but are not limited to, the following:
(a) Impact on traffic congestion;
(b) Availability of adequate parking;
(c) The business nature of a proposed facility in an area zoned for exclusively residential uses, including whether the proposed facility will offer outpatient services;
(d) Hours of operation;
(e) Safety and security measures for the proposed facility; and
(f) Other similar concerns.
(Prior Code, § 72.12) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012) Penalty, see § 157.999