Chapter 18.115
RESIDENTIAL CARE FACILITIES
Sections:
18.115.030 Housing for people with functional disabilities.
18.115.010 Purpose.
The board finds that housing facilities for special needs populations are protected under provisions of the federal Fair Housing Amendments Act of 1988. Location of such facilities within the county of Columbia is critical to the well-being of special needs members of the community, and fulfills a needed community service. Further, it is the purpose to facilitate the siting of the residential care facilities and adult family homes in the county of Columbia. [Ord. 91-02 § 1.]
18.115.020 Definitions.
Unless otherwise apparent from the context, certain words and phrases used are defined as follows:
“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for in law (RCW 70.128.010). Adult family homes are permitted as a conditional use in the A-1, A-2, A-3, AR-1 and AR-2 zones.
“Family” means an individual or two or more persons related by blood or marriage, or two or more persons with functional disabilities as defined herein, or a group of not more than six unrelated persons, living together to share a single household unit.
“Housing for people with functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities and housing for any supported living arrangement, as herein defined.
“People with functional disabilities” means:
1. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:
a. Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or
b. Needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible; or
c. Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or
d. Having a record of having such an impairment; or
2. Being regarded as having such an impairment, but such term does not include current, illegal use of or active addition to a controlled substance.
“Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than 15 people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.050.
“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. [Ord. 2017-04; Ord. 91-02 § 2.]
18.115.030 Housing for people with functional disabilities.
Housing for people with functional disabilities, as defined herein, which meets the applicable Washington State licensing requirements, shall be considered a residential use of property for zoning purposes. They shall be permitted as a conditional use in the A-1, A-2, A-3, AR-1 and AR-2 zones.
The conversion of an existing residential structure to an adult family home, as housing for people with functional disabilities, shall not be deemed a change of use or an abandonment or discontinuity of the prior use of the structure, if such structure constituted a prior legal nonconforming use. [Amended during 2012 codification; Ord. 91-02 § 3.]
18.115.040 Conflicts.
In the event of a conflict between this and any other portions of the zoning ordinance, this provision shall prevail. [Ord. 91-02 § 4.]