Chapter 18.65
RESIDENTIAL CARE FACILITIES
Sections:
18.65.030 Housing for people with functional disabilities.
18.65.010 Purpose.
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 Yacolt 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 Yacolt. [Ord. 326 § 1, 1991.]
18.65.020 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:
“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 the 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 by law (RCW 70.128.010). Adult family homes are permitted uses in all areas zoned for residential use (RCW 70.128.175).
“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 two 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 disability so as to lead as independent a life as possible, or
c. Having a physical 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.
“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 70.128.175.
“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. 326 § 2, 1991.]
18.65.030 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 a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.
For the purposes of this chapter, the conversion of an existing 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. 326 § 3, 1991.]
18.65.040 Contradictions.
In the event of conflict between this chapter and any other ordinance or zoning provision for the town of Yacolt, the provisions of this chapter shall prevail. [Ord. 326 § 4, 1991.]