Article 12.5 — INCENTIVES FOR CONSTRUCTING MULTIPLE-FAMILY HOUSING FOR THE ELDERLY OR…

10-3-1251: PURPOSE:

The purpose of this article is to incentivize the construction of housing for elderly or disabled persons at costs lower than could be achieved under the general provisions of this code by modifying the general development standards to meet the unique needs of elderly or disabled households. It is also the intent to avoid the concentration of housing for elderly or disabled persons in any single area. (Ord. 12-O-2633, eff. 11-23-2012)

Housing is considered to be housing for the elderly or disabled if all the units are occupied by one of the following:

• A. A household in which the head and/or his (her) spouse is sixty two (62) years or older; or

• B. A household in which the head and/or his (her) spouse is sixty two (62) years or older with a disabled child; or

• C. A household headed by a disabled person who has an impairment which is expected to be of a long, continued and indefinite duration and which:

1. Substantially impedes the person's ability to live independently; or

2. Is of such nature that the person's ability to live independently could be improved by a more suitable housing condition.

Notwithstanding the above, one unit may be occupied by a family who is neither elderly nor disabled but who occupies the unit for the specific purpose of managing and/or operating the housing complex. (Ord. 12-O-2633, eff. 11-23-2012)

A. Multiple-family housing for the elderly or disabled shall be a permitted use in any zone permitting multiplefamily residential uses.

B. A conditional use permit shall be required for any multiple- family housing for the elderly or disabled that will be built using the alternative development standards provided in this article. (Ord. 12-O-2633, eff. 11-23-2012)

A. In addition to the standards for the issuance of conditional use permits set forth in this chapter, conditional use permits shall be issued for multiple-family residences for elderly and handicapped persons only if it is determined that the proposed site for any such residence or residences shall have available services to include shopping, medical, recreation, and transportation within a reasonable distance for elderly and handicapped persons and that the residence or residences shall be located in an area which permits easy access and circulation which is not unreasonably subject to, or impacted by, traffic, noise, and other adverse environmental impacts.

B. Conditional use permits shall be issued subject to the condition that the owner of the property files a covenant with the city building official for recording with the county recorder, prior to the issuance of a building permit, such covenant to be approved by the city attorney, that the building or buildings shall be used only for residences for elderly and handicapped persons in accordance with the provisions of this article and that if such building or buildings are used for any other purpose, the owner shall cease the use of the building until such building or buildings are remodeled or rebuilt to comply with the applicable provisions of this code for any use other than multiple-family residences for elderly and handicapped persons. (Ord. 79-O-1751, eff. 12-6-1979)

No site area for housing for the elderly and the handicapped shall exceed seventy thousand (70,000) square feet. For projects in which the net density exceeds one hundred (100) units per acre, the maximum site size shall be fifteen thousand (15,000) square feet. (Ord. 79-O-1751, eff. 12-6-1979)

The number of units of housing for the elderly and handicapped which may be constructed shall not exceed one hundred sixty five (165) units per acre; provided, however, the maximum number of units which may be constructed on any one site shall not exceed one hundred fifty (150) units. The number of units which will be permitted on any one site shall be determined by the planning commission. In making such a determination, the planning commission shall consider the number of units for the elderly and the handicapped located or proposed to be located in the vicinity of the site, the availability of community services to serve the site, and its compatibility with the surrounding neighborhood. (Ord. 79-O-1751, eff. 12-6-1979)

Each multiple-family dwelling unit for elderly and handicapped persons shall have a minimum floor area of not less than the maximum allowable by the United States department of housing and urban development under section 202, funded housing, for efficiency, one-bedroom, and two-bedroom units.

A. An efficiency dwelling unit is defined as a unit which has a combined living, sleeping, and kitchen area and a separate bathroom.

B. No dwelling unit shall exceed two (2) bedrooms.

C. All units shall contain a separate bathroom equipped with a shower or tub, or both, toilet, and washbasin and kitchen facilities which shall include a stove, oven, refrigerator, and sink. (Ord. 79-O-1751, eff. 12-6-1979; amd. Ord. 83-O-1882, eff. 3-31-1983)

No more than five percent (5%) of the total number of units in any one development shall be two (2) bedroom units. (Ord. 79-O-1751, eff. 12-6-1979)

The height of any building for elderly or handicapped persons constructed in accordance with the provisions of this article shall be determined by the planning commission so that the height of the building shall not be substantially at variance with the prevailing height of buildings surrounding said building; provided, however, no such building shall exceed sixty feet (60') in height. (Ord. 79-O-1751, eff. 12-6-1979)

At the time of the construction, alteration, or improvement of any building to be used for suitable family residences for elderly and handicapped persons, there shall be one parking space provided for each dwelling unit; provided, however, the number of parking spaces required by this section may be reduced by the planning commission to a number not less than four-tenths ([4] /10) of a parking space for each dwelling unit if the planning commission finds that the parking

required by this section is demonstrated to be in excess of the amount of parking which will be required to adequately serve the project.

Notwithstanding any other provision of this code, any property which receives a reduction in the number of required parking spaces per dwelling unit pursuant to this section, and all residents of the dwelling units located thereon, shall be ineligible to participate in a preferential parking zone established pursuant to title 7, chapter 3, article 2 of this code. (Ord. 79-O-1751, eff. 12-6-1979; amd. Ord. 03-O-2432, eff. 11-21-2003)

There shall be provided a minimum of seventy five (75) square feet of usable common indoor or outdoor recreation space for each unit for the use of the occupants of any multiple-family residential building for elderly and handicapped persons, exclusive of the required front setbacks. (Ord. 79-O-1751, eff. 12-6-1979)

Each multiple-family residential building for elderly and handicapped persons shall have laundry facilities in the building which shall include washing machines and dryers. (Ord. 79-O-1751, eff. 12-6-1979)

A. Congregate dining facilities may be provided for each multiple-family residential building for elderly and handicapped persons.

B. Any congregate dining facilities provided in a multiple-family residential building shall be for the use of the residents of the building and their guests and employees who work in the building only and shall not be open to the general public.

1. Entrances to the dining area shall not be from the exterior of the building.

2. A separate service entrance to the kitchen with an adequate loading area shall be provided. (Ord. 79-O-1751, eff. 12-6-1979)

Each multiple-family residential building for elderly and handicapped persons may have commercial uses provided all the following conditions are met:

• A. That all such commercial uses are "convenience retail" uses as defined in subsection 10-3-1231C of this chapter;

• B. That such uses shall be located only on the ground floor of such residential building; and

C. That the total amount of floor area occupied by such uses shall not exceed an amount which shall be determined by the planning commission to be compatible with the purpose of this article and the neighborhood of the residential building. (Ord. 81-O-1807, eff. 9-17-1981)

If at any time the rental rates for any such housing for elderly and handicapped persons constructed pursuant to this article are not subject to the control of a federal, state, or other public agency, then the rental rates for any such housing shall be set by the planning commission as a condition of issuing a conditional use permit in accordance with regulations adopted by the council by resolution. Such regulations shall provide for the setting of rental rates which shall make such housing affordable at all times to elderly and handicapped persons whose incomes would otherwise

restrict their opportunities to find adequate rental housing in the city and that such rental rates shall not be increased except as provided by the city in accordance with said regulations. The owner of the property subject to a conditional use permit as provided for in this article shall file a covenant with the director of building and safety, prior to the issuance of a building permit, such covenant to be approved by the city attorney and to be recorded. Such covenant shall provide that rents for the units in the building shall not exceed the rents set by the planning commission, except as otherwise approved by the city. (Ord. 79-O-1751, eff. 12-6-1979)

Any building or structure constructed, erected, altered, or enlarged for multiple-family residential use for elderly and handicapped persons shall comply with all the provisions of this chapter and the regulations of the zone in which such housing is located, except as otherwise provided in this article. (Ord. 79-O-1751, eff. 12-6-1979)