Lafayette Municipal Code Art. 1 General Provisions

The senior housing overlay, ("SHO"), district is established to provide for the development of a variety of senior housing types pursuant to standards that reflect the unique character of senior residential occupancy, and to implement the goal of the housing element of the Lafayette General Plan to achieve an adequate supply of safe, decent housing for all residents of Lafayette.

In establishing the senior housing overlay district, the city council expressly finds that:

(1) The impacts of senior citizen housing developments are lower than other multi-family residential developments; and

(2) Senior citizen housing developments benefit greatly from a close proximity to downtown services and amenities.

Any land within the senior housing overlay district shall retain its existing, underlying zoning and may be developed and used either pursuant to regulations pertaining to such underlying zoning, or, when authorized by a senior housing permit, pursuant to the regulations set forth in this chapter.

(Ord. No. 598, § 2, 10-25-2010)

Any lot developed or used for senior housing pursuant to a senior housing permit shall not thereafter be used for any purpose other than the provision of senior housing unless and until the zoning administrator has determined, in writing, that the alternative use satisfies all applicable land use regulations pertaining to the underlying zoning of the property.

(Ord. No. 598, § 2, 10-25-2010)

For the purposes of this chapter, the following definitions shall apply:

(a) "Alzheimer's/memory care/dementia facility" is a specialized housing development serving the needs of persons with memory and/or dementia problems. Depending on the severity of the health concerns of residents, such housing may be provided in an assisted living format; or in a residential care facility format, which is more like a hospital setting. For the purposes of this chapter Alzheimer's/memory care/dementia facilities shall be considered a "senior residential care facility."

(b) "Assisted living" is housing that provides a special combination of traditional housing with personalized supportive services and care. Such housing includes some form of kitchen facilities within the unit, even if most or all meals are taken in a communal dining facility. for the purposes of this chapter, "assisted living" facilities shall be considered a type of "senior citizen housing development" or "senior housing project." If the assistance provided at such a facility is nursing care, or if residents live in bedrooms rather than complete residential units, then it shall be considered a "senior residential care facility."

(c) "Continuing care retirement community" is a residential facility that provides a continuum of care from independent living to assisted living to skilled nursing care, all in one location. For the purposes of this chapter, the portion of any "continuing care retirement community" that includes independent and/or assisted living units shall be considered a type of "senior citizen housing development" or "senior housing project" and must comply with the regulations applicable thereto. The portion of any "continuing care retirement community" that includes skilled nursing care or similar service shall be considered a "senior residential care facility" and must comply with the regulations applicable thereto.

(d) "Dwelling unit" or "housing" is any residential accommodation other than a mobile home.

(e) "Employee" is anyone hired to work at a senior housing facility within the SHO district, whether hired by the facility or residents, including but not limited to staff, doctors, nurses, permitted health care residents, maintenance workers, etc.

(f) "Independent living" is housing that is designed to enable seniors to live an independent lifestyle that includes recreational, educational and social activities. Such housing includes kitchen facilities within the unit, even if most or all meals are taken in a communal dining facility. For the purposes of this chapter, "independent living" facilities are considered a type of "senior citizen housing development" or "senior housing project."

(g) "Peak staffing" means the maximum number of employees on site at any point in time.

(h) "Permitted health care resident" is a person hired to provide live-in care to a qualifying resident, or a family member of the qualifying resident providing such care. For the purposes of this chapter, the care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both.

(i) "Qualifying resident" or "senior citizen" is a person who is 62 years of age or older, or the head of household who is 55 years of age or older in a senior citizen housing development, and who is a permanent resident of a "senior citizen housing development" or "senior housing project.

(j) "Senior citizen housing development" is a residential facility, containing 35 dwelling units or more, constructed, substantially rehabilitated, substantially renovated for the purpose of housing senior citizens. heads of households of senior citizen housing developments must be 55 years old or older.

(k) "Senior housing" or "senior housing project" is a residential facility, containing less than 35 dwelling units, that is constructed substantially rehabilitated, or substantially renovated for the purpose of housing senior citizens. Residents of senior housing projects must be 62 years old or older.

(l) "Senior residential care facility" is a residential facility designed for the purpose of housing senior citizens, 60 years old or older, who are in need of 24-hour care. For the purposes of this chapter "nursing care," "skilled nursing facility," "board and care facility" and like uses, shall be considered residential care facilities. These facilities are operated in a nursing home, group home or hospital-like fashion and do not have kitchen facilities in resident's individual rooms. Residents live either in private or semi-private rooms. Services may or may not include medical care.

(m) "Senior housing permit" is the senior housing use permit required by Section 6-1155 for the development of "senior citizen housing developments," "senior housing projects," and "senior residential care facilities" in the SHO district pursuant to this chapter.

(n) "Zoning administrator" is the planning director or his/her designee.

(Ord. No. 598, § 2, 10-25-2010)

The SHO district classification is hereby established on land within the following zoning districts:

(a) C General commercial district.

(b) C-1 General commercial district 1.

(c) MRA Multiple-family residential district A.

(d) MRB Multiple-family residential district B.

(e) MRO Multiple-family residential/professional office district.

(f) MRT Multiple-family residential townhouse district.

(g) RB Retail business district.

(h) SRB Special retail business district.

(Ord. No. 598, § 2, 10-25-2010)

A senior housing permit shall be required for the development of a senior citizen housing development, senior housing project and senior residential care facility under the provisions of this chapter. The project proponent shall submit an application to the planning division on a form prescribed by the city, accompanied by the application fee prescribed by resolution of the city council.

A senior housing permit shall not be required for a residential care facility with six or fewer residents, in addition to permitted health care residents, in all zoning districts that permit single-family residences.

(Ord. No. 598, § 2, 10-25-2010)

Prior to occupancy of any project developed pursuant to this chapter, the project proponent shall provide documentation limiting the use of the project to the use prescribed in the senior housing permit and vesting the right to enforce such limitation in the city until and unless the zoning administrator determines, in writing, that the alternative use satisfies all applicable land use regulations pertaining to the underlying zoning of the property. Such documentation shall be in a form satisfactory to the city attorney and shall be recorded against the property.

(Ord. No. 598, § 2, 10-25-2010)