For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   FAMILY. Either:

      (1)   Two or more persons, each related to the other by blood, marriage, or adoption, together with foster children and usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or

      (2)   Two or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage, or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family). For purposes of this zoning code, however, an unrelated family shall not include persons living together in a community residence or nursing home.

   LARGE RESIDENTIAL-CARE HOME. A residential-care home for not more than 12 persons with a disability, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter.

   PERSON WITH A DISABILITY. Any individual whose disability:

      (1)   Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments;

      (2)   Is likely to continue for a significant amount of time or indefinitely;

      (3)   Results in functional limitations in three or more of the following areas of major life activities:

         (a)   Self-care;

         (b)   Receptive or expressive language;

         (c)   Learning;

         (d)   Mobility;

         (e)   Self-direction;

         (f)   Capacity for independent living;

         (g)   Economic self-sufficiency.

      (4)   Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a life-long or extended duration.

   RESIDENTIAL CARE. Maintenance (room and board) and oversight (general watchfulness and appropriate services to meet needs of persons with a disability, including but not limited to social, recreational and employment opportunities).

   RESIDENTIAL-CARE HOME. Any living quarters wherein unrelated persons with a disability are provided residential care. A residential care home does not include a nursing home, hospital, adult day center or living quarter which serve persons as an alternative to incarceration for a criminal offense.

   SMALL RESIDENTIAL-CARE HOME. A residential-care home for not more than six persons with a disability, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a family-like atmosphere as part of the residential community.

(Ord. 90-31, passed 10-2-90)

   (A)   The following special uses shall be authorized in the R and R-1 zoning districts subject to compliance with the conditions and procedures set out in the provisions of §§ 153.217 through 153.226. All other applicable provisions of the zoning code, including those of the district in which the proposed special use is to be located, shall apply, except as expressly modified by the terms of the special use permit in order to comply with the standards set forth in this subchapter.

      (1)   Small residential-care homes located not less than 2,500 feet from another small residential-care home, provided:

         (a)   The city council finds that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and its operation would not create an adverse effect on surrounding properties;

         (b)   They are eligible to have obtained a state license or certification or the sponsoring agency is licensed or certified by the state to operate residential care homes.

      (2)   Large residential-care homes subject to the following conditions:

         (a)   No such home shall be located less than 5000 feet from a small or large residential-care home; provided, however, that this spacing requirement may be waived if the mayor and city council find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation would not create an adverse effect on surrounding properties.

         (b)   Each home shall be eligible or have obtained a state license or certification, or the sponsoring agency shall be duly licensed or certified by the state; and, prior to admitting residents, the operator of such home shall demonstrate that the dwelling will comply with all applicable licensing and code standards.

         (c)   Applicant shall submit a statement of the exact nature of the home, the qualifications of the agency that will operate the home, the number and type of personnel who will be employed, and the member and nature of the residents who will live in the home.

         (d)   The home shall conform to the type and outward appearances of the residences in the area in which it is located.

      (3)   Every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area. Bedrooms shall have an area of not less than 70 square feet for one person and for more than one person not less than 50 square feet for each occupant.

(Ord. 90-31, passed 10-2-90)

   Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to a fine of not more than $200 or imprisonment for not more than 6 months, or both, for each offense; and each day a violation continues to exist shall constitute a separate offense.