Article 12.8 — MULTIPLE-FAMILY CONGREGATE HOUSING FOR ELDERLY AND DISABLED PERSONS

The purpose of this article is to provide the opportunity for the construction of congregate rental housing for elderly and disabled citizens to meet the unique requirements and demonstrated needs of elderly and disabled households and at costs lower than other market rate rental housing built under existing standards for the general population. It is also the objective to locate this type of housing in or near areas which have the conveniences, amenities, and services appropriate for elderly and disabled persons and to avoid the concentration of elderly and disabled housing in any single area. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

"Multiple-family congregate housing for the elderly and disabled" is defined as a project which meets the following criteria:

• A. All units are occupied by one or more of the following categories of occupants:

1. A household in which each member is sixty five (65) years or older; or

2. A household in which a spouse is sixty five (65) years or older; or

3. A household headed by a disabled person who has a physical impairment which:

• a. Is expected to be of a long, continued, and indefinite duration; or

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

• c. Is of such nature that the person's ability to live independently could be improved by more suitable housing conditions; and

4. One unit may be occupied by a household which does not meet the requirements of subsections A1, A2, and A3 of this section, provided the unit is occupied for the specific purpose of managing and/or operating the project; and B. Provides the following services:

5. Three (3) nutritionally well balanced meals and snacks, including low salt or other modified diets prescribed by a physician as a medical necessity;

6. Self-operated laundry facilities, including washing machines and dryers, in each residential building;

7. Maid service for dwelling units;

8. Laundry service;

9. Convenient, regularly scheduled private transportation service;

10. A planned and supervised activity program for the residents;

11. Areas set aside for activity programs and passive uses by the residents; and

12. An emergency in-house call system and a resident/management communication switchboard, staffed and located on the premises on a twenty four (24) hour basis. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

Multiple-family congregate housing for elderly and disabled persons shall require a conditional use permit and may be permitted in the R-4 zone on sites that satisfy all of the following criteria:

• A. The project site is located in an area with four- or five- story height limits; and

• B. The project site is located adjacent to commercially zoned areas; and

• C. The project site is separated from adjacent commercial areas by an alley; and

• D. The project site is located on a street greater than thirty feet (30') in width.

Multiple-family congregate housing for elderly and disabled persons may also be permitted in any other zone which specifically permits such use. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

A. The planning commission may grant a conditional use permit pursuant to article 38 of this chapter, and without a mandatory environmental impact report, for multiple-family congregate housing for elderly and disabled persons if the application meets the criteria for a conditional use permit, and the planning commission makes the additional findings that:

1. The proposed site for such use has shopping, medical, recreation, transportation, and other essential services for elderly and disabled persons within reasonable proximity to the site, and the site is located in an area which permits adequate access and circulation and is not unreasonably subject to, or impacted by, traffic, noise, or other adverse environmental factors;

2. Vehicle traffic generated for the project does not significantly increase traffic congestion, circulation, or parking problems on neighboring residential streets; and

3. The design of the project is compatible with the surrounding area.

• B. Any conditional use permit granted pursuant to subsection A of this section shall include the following conditions:

1. Provisions for private transportation accommodations servicing the facility to further reduce parking and traffic impacts of the use;

2. Provisions for a supervised activity program to enhance the quality of life for inhabitants of the project;

3. The facility provides a plan for the specialized twenty four (24) hour supervised safety requirements of the residents, including a fire protection system and an emergency contingency plan acceptable to the fire chief; and

4. Approval of the project will not result in an overconcentration of multiple-family congregate housing for elderly and disabled persons in the area surrounding the project site in a manner that would result in an adverse impact to the surrounding neighborhood or the residents of the proposed project. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

A. The maximum site area for multiple-family congregate housing for the elderly and the disabled shall not exceed thirty thousand (30,000) square feet.

B. The density 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 thirteen (113) units. (Ord. 87O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

Each dwelling unit in multiple-family congregate housing for the elderly and disabled shall contain a separate bathroom equipped with a shower or tub, or both, and a toilet and wash basin; shall not include more than two (2) bedrooms; and shall have a minimum floor area of not less than the following:

A. Four hundred fifty (450) square feet for an efficiency unit. An "efficiency dwelling unit" is defined as a unit which has a combined living and sleeping area and a separate bathroom;

• B. Five hundred (500) square feet for a one-bedroom unit; and

C. Eight hundred (800) square feet for a two-bedroom unit. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

One parking space shall be provided for each efficiency or one- bedroom dwelling unit, and one and one-half (1[1] /2) parking spaces shall be provided for each two-bedroom unit; provided, however, the number of parking spaces required by this section may be reduced by the planning commission by five-tenths ([5] /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. 87-O-1995, eff. 8-6-1987; amd. Ord. 03-O-2432, eff. 11-21-2003)

A minimum of one hundred fifty (150) square feet per unit of usable common indoor/outdoor recreation space shall be provided for the use of the occupants of any multiple-family congregate housing project for elderly and disabled persons. Required front setbacks shall not be included in calculating recreational space under this section. For the purposes of this section, "usable common recreation space" shall include resident activity areas for socializing, entertainment, and other active or passive uses. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

Dining facilities shall be provided for each multiple-family congregate housing project, and such facilities shall include kitchen facilities and complete meal service.

• A. Dining facilities shall be restricted to the residents of the building and their guests and employees who work in the facility.

• B. The dining facility shall not be open to the general public and shall not have exterior signage.

• C. The main entrance to the dining facility shall not have direct access to a public right of way.

D. A separate service entrance with an adequate loading area shall be provided for the dining facility kitchen. (Ord. 87-O-1995, eff. 8-6-1987)

Multiple-family congregate housing sites for elderly and disabled persons may have commercial uses provided each of the following conditions is met:

A. Any commercial use is oriented toward convenience retail uses and services catering to the needs of the residents of the facility.

B. The total floor area occupied by such uses shall not exceed an amount, as determined by the planning commission, to be compatible with the purpose of this article and deemed sufficient to meet the needs of the residents of the facility.

C. Such commercial uses shall be restricted to residents, guests, and employees of the facility, and shall not have direct access from the public right of way, and shall not have exterior signage. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)

(Rep. by Ord. 98-O-2306, eff. 8-11-1998)

Rental increases for a unit shall not exceed one per year, except that any time a voluntary vacancy occurs, the rent may be increased to the new occupant. For the purposes of this section, "rent" shall include, but not be limited to, housing services, or other services, received by the occupant and shall also include those congregate services described in section 10-3-1281 of this article and such conditions as may be imposed by the conditional use permit. A minimum of sixty (60) days' prior written notice of any increase shall be provided to each occupant.

For the purposes of this section, "housing services" shall mean all services connected with the use or occupancy of an apartment unit, including, but not limited to, repairs, replacement, maintenance, painting, light, heat, water, elevator service, laundry facilities and privileges, janitor service, refuse removal, furnishings, telephone, off street parking, and any other benefits, privileges, or facilities. (Ord. 87-O-1995, eff. 8-6-1987)

Any building approved for multiple-family congregate housing for elderly and disabled persons shall comply with all the provisions and regulations of the zone in which such housing is located, except as otherwise provided in this article. (Ord. 87-O-1995, eff. 8-6-1987; amd. Ord. 05-O-2479, eff. 9-2-2005)