40.260.180    Residential Care Facilities and Homes

Residential care facilities and homes, where permitted as a conditional use, shall be subject to the following:

A.    Prior to approval, the review authority shall find that:

1.    Construction or remodeling of structures necessary to accommodate the proposed use is compatible with the surrounding neighborhood. No sign indicating its use shall be permitted;

2.    The use of the subject property as a residential care facility shall not result in a concentration of residential care facilities that would result in interference with the enjoyment of neighboring property, or the residential character of the neighborhood;

3.    Residential care facilities or residential care homes housing justice offenders and/or residents subject to partial or full confinement shall not be located within three hundred (300) feet from existing schools or licensed commercial day care centers, as measured from property line to property line at the time of siting of the residential care facility or home;

(Amended: Ord. 2008-06-02)

B.    Upon approval, the review authority shall:

1.    Require that the applicant obtain all necessary certificates and approval from state and federal agencies prior to the issuance of a certificate of occupancy;

2.    Limit the transferability of the conditional use permit either by providing that any transfer of ownership or management will require a new conditional use permit, or by prescribing specific criteria for such transfer to be applied by the responsible official;

3.    Limit service to a specific number and class or classes of individuals. Any increase in the specific number or any change in the specific class or classes of individuals shall require a new conditional use permit;

4.    Restrict the number of vehicles permanently located at the facility or operated on a daily basis in connection with the facility;

5.    Require additional review of any subsequent remodeling. The responsible official shall determine the need for review by the review authority;

6.    Include such other conditions or terms as may be deemed appropriate and in the public interest to prevent interference with the use and enjoyment of public or private neighborhood property;

7.    Review compliance with the conditional use permit conditions of approval through submittal for responsible official review, to be conducted at one (1) year intervals.

(Amended: Ord. 2008-06-02)