The purpose of the Assisted Living and Nursing Care Overlay Zone is to promote the public health, safety and welfare by allowing increased land use flexibility through specialized zoning techniques to assure that health and human services are appropriately located throughout the community and that neighborhood diversity is permitted without ignoring legitimate concerns regarding impacts on surrounding residential areas, and to further the objective of federal law by integrating health and human service facilities into normal surroundings.

(Ord. 2015-04, 11/10/2015)

The purpose of the Senior Housing Overlay Zone is to promote the public health, safety and welfare by allowing increased land use flexibility through specialized zoning techniques to assure that senior citizens can continue to contribute to the community without having heavy yard care maintenance and without ignoring legitimate concerns regarding impacts on surrounding residential areas.

(Ord. 2015-04, 11/10/2015)

In considering a request to rezone a parcel as an Assisted Living and Nursing Care Overlay Zone or a Senior Housing Overlay Zone, the planning commission and city council shall consider the following:

1.

The harmony and compliance of the proposed location of the overlay zone with the objectives and requirements of the Kamas City General Plan and Kamas City Land Use Ordinance.

2.

Whether or not the application of the overlay zone may be injurious to potential or existing development within the vicinity.

3.

The current development or lack of development adjacent to the proposed location and the harmony of the proposed location with the existing uses in the neighborhood.

4.

The proposed location in proximity to the major arterial or collector streets.

5.

The compatibility of the proposed location or facility of the overlay zone with the density analysis of the underlying zone and neighboring development.

6.

The economic impact of the proposed facility or use on the surrounding area.

7.

A demonstrable need for health and human services facilities or senior housing in the area of the proposed location.

8.

It shall be the Kamas City Council's sole discretion to decide if a project should be an Assisted Living and Nursing Care or Senior Housing Overlay within the intent of the ordinance as noted above.

(Ord. 2015-04, 11/10/2015)

The following uses shall be permitted:

1.

In the Assisted Living and Nursing Care Overlay Zone:

a.

Assisted living facilities.

b.

Congregate living facilities.

c.

Nursing care facility.

2.

In the Senior Housing Overlay Zone:

a.

Single or attached dwelling (not more than four attached) intended to be used as senior housing and excluding families with children under the age of 18 living with parents or legal custodians.

b.

Home occupation shall be permitted.

c.

Accessory apartments will not be permitted in the Senior Housing Overlay Zone.

(Ord. 2015-04, 11/10/2015; Ord. 2017-04, 6/13/2017)

Minimum Lot and Development Standards

*Chimneys, flagpoles, church towers and other similar structures in excess of 27 feet, not used for human occupancy may be allowed on a case by case basis with a conditional use permit.

The following development standards and regulations shall apply to all developments with the Assisted Living/Nursing Care or Senior Housing Overlay Zone:

1.

As part of the submittal, the applicant shall submit a management plan for the operation of the project, which plan shall include provisions to limit occupancy to elderly persons. Each project shall be under one management.

2.

Restrictive covenants. The developer of a development within the Assisted Living and Nursing Care or Senior Housing Overlay Zone shall be required to establish restrictive covenants to limit occupancy to elderly persons and assure that the uses approved for the development will be maintained. Such covenants shall be recorded to run with the land to insure against conversion to less desirable land uses. Kamas City shall be party to the restrictive covenants and shall be able to enforce the restrictive covenants if necessary. The restrictive covenants cannot be changed or modified without the permission of the city.

3.

Occupancy restrictions. Occupancy of each unit shall be limited to individuals who qualify as elderly persons provided that occupancy by individuals who do not qualify as an elderly person may be permitted, where the non-qualified person is the spouse of a qualified elderly person, or the non-qualified person is required in order to provide essential assistance to the resident elderly person. Not more than one non-qualified person shall be permitted to occupy a unit.

4.

Private travel ways shall provide safe and convenient vehicular movements to and from all off street parking spaces. Private travel ways shall not be less than 20 feet width of asphalt.

5.

Utilities (within the senior housing overlay).

a.

Culinary water. Each dwelling unit shall be serviced by Kamas City's water system. The city may require individual water connections and meters for each unit or at their discretion authorize the use of oversize connections and a master meter for the project. Each unit shall be equipped with an easily accessible shutoff valve.

b.

Sewer. Each unit shall be connected to the city's sewer system either by an individual or common lateral, whichever is determined applicable by the city.

c.

All utility systems shall be placed underground.

(Ord. 2015-04, 11/10/2015; Ord. 2018-02, 4/10/2018)

Walls and/or fences in the Assisted Living/Senior Housing Overlay Zone shall be erected with a type of material to be approved by the planning commission. A screening wall of not more than six feet shall be erected on the property line separating zoning districts. All fences along city streets will be required to be four feet.

(Ord. 2015-04, 11/10/2015)

Parking standards in KMC 15.25, Parking, also apply to the following on-site parking requirements. Lighting standards are required for lots that require more than 25 spaces and are outlined in KMC 15.25.090.

(Ord. 2015-04, 11/10/2015)

Landscaping shall be of the same general character or better than yards in the neighborhood. Not less than 30 percent of the project shall be landscaped for the use and benefit of the residents. Land proposed to be used for parking, pedestrian walkways, and driveways shall not be included in meeting this landscaping requirement. A complete landscaping plan shall be provided at the time of preliminary review of the project showing a minimum of two trees with a caliper of two inches and ten one-gallon shrubs per dwelling unit. For senior housing, professional maintenance must be provided.

(Ord. 2015-04, 11/10/2015)

1.

No person who is being treated for alcoholism or drug use or who is violent will be placed in a residential facility for elderly persons.

2.

Placement in the facility is on a strictly voluntary basis and is not part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.

3.

The operator shall provide the city proof of adequate insurance for the program's vehicles, hazard insurance on the home, and liability insurance to cover residents and third party individuals.

4.

Prior to occupancy of an assisted living or nursing care facility, the person or entity licensed or certified by the department of human services or department of health to establish and operate the facility shall:

a.

Provide a copy of such license or certification to the city; and

b.

Certify in a sworn affidavit to the city that no person will reside or remain in the facility whose tenancy would likely constitute a direct threat to the health or safety of other individuals or result in the substantial physical damage to the property of others

5.

The assisted living and nursing care facility shall comply with all health and safety codes applicable to that type of building and use.

6.

The use permitted by this section is non-transferable and shall terminate if:

a.

The facility is devoted to a use other than permitted in the Assisted Living and Nursing Care Overlay Zone.

b.

The license or certification issued has been terminated or revoked.

c.

The facility fails to comply with these conditions.

(Ord. 2015-04, 11/10/2015)

All proposed development within the Assisted Living and Nursing Care or Senior Housing Overlay Zones shall be reviewed and approved in accordance with Kamas City's Subdivision Ordinance. Once the planning commission has given a favorable recommendation of the applicant's concept plan and the proposed zone change, the concept plan and zone change will be forwarded to the city council for approval. After the city council approves the concept plan the applicant will continue the planning process in accordance with the subdivision ordinance. The city council shall continue to move forward with the applicable zone change. The actual zone change will coincide with city council's approval of the final plat.

All proposed development within the Assisted Living and Nursing Care or Senior Housing Overlay Zones shall go through the Zone Change process to have the property zoned for the proper overlay. Planning commission will review the proposed zone change along with the concept plan and send a recommendation to the Kamas City Council.

Development Agreement: All developments within the Assisted Living and Nursing Care or Senior Housing Overlay Zones shall have a development agreement outlining the terms and conditions of approval.

(Ord. 2015-04, 11/10/2015)