Chapter 16.90


16.90.010    Purpose of provisions.

16.90.020    Definitions.

16.90.030    Housing for people with functional disabilities.

16.90.040    Resolution of conflicting provisions.

16.90.010 Purpose of provisions.

The council 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 town of Eatonville is critical to the well-being of special-needs members of the community and fulfills a needed community service. Further, it is the purpose of this chapter to facilitate the siting of residential care facilities and adult family homes in the town of Eatonville. (Ord. 92-1 § 1, 1992).

16.90.020 Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. “Adult family home” means the regular family abode of a person or persons who are providing personal care and room and board to one but not more than three adults who are not related by blood or marriage to the person or persons providing the services. Adult family homes are a permitted use in all areas zoned for residential use. (RCW 70.128.175)

B. “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 three unrelated persons, living together to share a single household unit.

C. “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, but does not include halfway houses or work-release facilities, or housing for sex offenders.

D. “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 disability 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 addiction to a controlled substance.

E. “Residential care facility” means a facility, licensed by the state, that cares for at least four but not more than 15 people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175.

F. “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. 92-1 § 2, 1992).

16.90.030 Housing for people with functional disabilities.

A. Housing for people with functional disabilities, as defined herein as adult family home, shall be considered a single-family residential use and be a permitted use in all areas zoned for residential use.

B. When housing for people with functional disabilities includes four people or more, it shall be termed a residential care facility, licensed by the state and shall be considered a multifamily residential use of property for zoning purposes. Residential care facilities shall be a permitted use in all areas for multiple-family residential or commercial purposes.

C. For the purpose of the chapter, the conversion of an existing nonconforming residential structure to 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 nonconforming use. (Ord. 92-1 § 3, 1992).

16.90.040 Resolution of conflicting provisions.

In the event of conflict between the ordinance codified in this chapter and any other ordinance or zoning provision for the town of Eatonville, the provisions of this chapter shall prevail. (Ord. 92-1 § 4, 1992).