A.   Residential Facilities Constructed On Site Or Manufactured Off Site: Residential facilities construction shall comply with all applicable regulations in effect in the city, be constructed on a legal lot in a zone which permits the residential facility, and obtain the appropriate building permit. A certificate of occupancy is required and will be issued upon finding that the residential facility has complied with all of the controlling regulations.

      1.   New On Site Residential Facility Construction:

         a.   New construction of residential facilities on site shall meet the requirements of the international building code (IBC), and be inspected by the local building department.

         b.   The exterior of all new residential facilities shall be completed within one year of issuance of the building permit.

      2.   New Off Site Constructed Residential Facilities:

         a.   New residential facilities constructed or manufactured off site in a "factory" must be certified to be in compliance with the international building code or the national manufactured housing construction and safety standards act of 1974, and bear the approved U.S. department of housing and urban development approved (HUD) insignia. The HUD insignia may not be removed from its original location on the structure, nor any modification made to the structure without approval of the city. Installation of an off site manufactured residential facility that is designed to meet IBC requirements shall be permanent and comply with IBC requirements for component assemblies. The installation shall be designed to meet seismic, wind load and flotation requirements. A copy of the calculations shall become part of the building permit application.

         b.   Installation of the off site manufactured residential facility constructed to meet HUD requirements and bears the HUD insignia shall comply with the authorized "installation manual", which accompanies the unit from the factory. The installation shall be designed to meet seismic, wind load and flotation requirements. A copy of the calculations shall become part of the building permit application. The residential facility shall be permanently installed on an approved permanent foundation which is constructed according to the HUD installation manual or the IBC.

   B.   Previously Used And Older Residential Facilities: Anyone intending to move previously used off site constructed residential facilities into the city, or to move the same within the city shall:

      1.   Provide a certification from a qualified licensed professional architect approved by the city that the structure was constructed to meet HUD requirements and retains the insignia of approval, has not been modified, or, if it has been modified, that such modification does not invalidate the original factory certification for its intended use.

      2.   Provide a certification from a qualified licensed professional architect approved by the city that the facility was constructed to meet IBC requirements and has not been modified, or, if it has been modified, that such modification does not invalidate the original approval of having been constructed to meet IBC requirements.

      3.   If a residential facility does not meet the above criteria and the local building official is convinced that the plans for its installation in the city will bring it into full compliance with the international building code, said building official may approve the plans and allow the residential facility to be moved to its intended permanent legal and complying location in the city.

   C.   Exterior Appearance Residential Facility 1 : Roof, exterior siding, dimensions, and skirting or foundation of a residential facility shall meet the following standards:

      1.   Roofs shall have a minimum pitch of two and one-half to twelve (21/2:12) over at least seventy five percent (75%) of the structure and have a surface of wood shakes, wood or composition asphalt mineral surface shingles, concrete, fiberglass or metal tiles, single ply, slate, built up gravel, or standing rib metal roofing. Roof overhangs must not be less than six inches (6"), including rain gutters which may account for up to four inches (4") of overhang measured from the vertical side of the dwelling.

      2.   Exterior siding materials shall consist of wood, masonry, concrete, stucco, "masonite", metal or vinyl clad lap, or any material with similar appearance which meets the international building code.

      3.   The minimum width of any dwelling shall be at least twenty two feet (22') at the narrowest point of the main floor at ground level or at least thirty two feet (32') measured at right angles to the width face, exclusive of garage area.

      4.   Skirting is required with materials which meet the international building code standards and is aesthetically consistent with concrete or masonry type foundation materials.

   D.   Storage Space Required For Residential Facilities: A residential facility must provide a minimum of seventy two (72) square feet of enclosed storage space with at least six feet (6') of clear height located within the residential facility, in the basement, in the garage area (supplemental to) or in an accessory storage structure on site which conforms to all applicable zoning and building code regulations and requirements. (Ord. 2008-002, 2008)

   A.   General Requirements:

      1.   A residential facility for elderly persons shall:

         a.   Be consistent with existing zoning of the desired location;

         b.   Be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement; and

         c.   Conform with applicable standards of the department of human services and be licensed and inspected by that department.

      2.   A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.

   B.   Municipal Ordinances Governing Elderly Residential Facilities:

      1.   Each municipality shall adopt ordinances that establish that a residential facility for elderly persons is a permitted use in any area where residential dwellings are allowed, except an area zoned exclusively single-family dwellings.

      2.   The ordinances shall establish a permit process that may require only that:

         a.   The facility meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;

         b.   Adequate off street parking space be provided;

         c.   The facility be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;

         d.   No person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and

         e.   Placement in a residential facility for elderly persons be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

   C.   Approval Of Elderly Residential Facilities:

      1.   Upon application for a permit to establish a residential facility for elderly persons in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings, the city may decide only whether or not the residential facility for elderly persons conforms to ordinances adopted by the city under this section.

      2.   If the city determines that the residential facility for elderly persons complies with the ordinances, it shall grant the requested permit to that facility.

      3.   The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the ordinances adopted under this section.

      4.   If a municipality has not adopted ordinances under this section at the time an application for a permit to establish a residential facility for elderly persons is made, the city shall grant the permit if it is established that the criteria set forth in this section have been met by the facility.

   D.   Elderly Residential Facilities In Areas Zoned Exclusively For Single-Family Dwellings:

      1.   For the purpose of this section:

         a.   No person who is being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons; and

         b.   Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional institution.

      2.   Subject to granting of a conditional use permit, a residential facility for elderly persons shall be allowed in any municipal zoning district that is zoned to permit exclusively single-family use, if that facility:

         a.   Conforms to all applicable health, safety, zoning and building codes;

         b.   Is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character; and

         c.   Conforms to the city's criteria, adopted by ordinance, governing the location of residential facilities for elderly persons in areas zoned to permit exclusively single-family dwellings.

      3.   A municipality may, by ordinance, provide that no residential facility for elderly persons be established within three-fourths (3/4) mile, or three thousand nine hundred sixty feet (3,960') of another existing residential facility for elderly persons or residential facility for handicapped persons.

      4.   The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons, or if the structure fails to comply with applicable health, safety and building codes.

      5.   Municipal ordinances shall prohibit discrimination against elderly persons and against residential facilities for elderly persons. The decision of a municipality regarding the application for a permit by a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility's residents.

      6.   The requirements of this section that a residential facility for elderly persons obtain a conditional use permit or other permit do not apply if the facility meets the requirements of existing zoning ordinances that allow a specified number of unrelated persons to live together. (Ord. 2008-002, 2008)

   A.   General Requirements:

      1.   A residential facility for persons with a disability shall be consistent with existing zoning of the desired location.

      2.   A residential facility for persons with a disability shall:

         a.   Be occupied on a twenty four (24) hour per day basis by eight (8) or fewer persons with a disability in a family type arrangement under the supervision of a house family or manager.

         b.   Conform with applicable standards of the department of human services.

         c.   Be operated by or operated under contract with that department.

   B.   Location And Permitting Of Residential Facilities For Persons With A Disability:

      1.   Residential facilities for persons with a disability may be located in any area where residential dwellings are allowed, with a conditional use permit. Exception: A residential facility for persons with a disability that would likely create a fundamental change in the character of a residential neighborhood may be excluded from a zoning area.

      2.   A conditional use permit may require only that:

         a.   The facility meet all applicable development, building, safety, zoning and health ordinances applicable to similar dwellings and/or developments;

         b.   The operator of the facility provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour basis;

         c.   The operator of the facility establish a municipal advisory committee through which all complaints and concerns of neighbors may be addressed;

         d.   The operator of the facility provide adequate off street parking space;

         e.   The facility be capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure's residential character;

         f.   No residential facility for persons with a disability be established within three-fourths (3/4) mile of another residential facility for persons with a disability;

         g.   No person being treated for alcoholism or drug abuse be placed in a residential facility for persons with a disability;

         h.   No person who is violent be placed in a residential facility for persons with a disability;

         i.   Placement in a residential facility for persons with a disability be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

   C.   Approval Of Residential Facilities For Persons With A Disability:

      1.   Upon application for a permit to establish a residential facility for persons with a disability in any area where residential dwellings are allowed, the city may decide only whether or not the residential facility for persons with a disability conforms to ordinances adopted by the city under this section.

      2.   If the city determines that the residential facility for persons with a disability complies with those ordinances, it shall grant the requested permit to that facility.

      3.   The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for persons with a disability, or if the structure fails to comply with the ordinances adopted under this section.

      4.   Discrimination against persons with a disability and against residential facilities for persons with a disability is prohibited. The decision of the city regarding the application for a permit by residential facility for persons with a disability must be based on legitimate land use criteria and may not be based on the disabled condition of the facility's residents. (Ord. 2008-002, 2008)

The following conditions and standards apply to youth rehabilitation facilities:

   A.   State Standards: The facility shall conform to all applicable standards and requirements of the state department of human services.

   B.   Conformance With City Requirements: The facility shall conform to all building, safety, health and zoning requirements of this title applicable to structures in the zone in which it is located.

   C.   Residential Character Retained: Any facility located in an existing residential dwelling shall be capable of use as a youth rehabilitation facility without structural or landscaping alterations that would change the structure's residential character.

   D.   Distance To Another Facility: The facility shall not be located closer than three-fourths (3/4) mile, or three thousand nine hundred sixty feet (3,960') to any other youth rehabilitation facility, as measured in a straight line between the closest property lines of the lots on which they are located.

   E.   Front Yard Landscaping: The facility shall have a landscaped front yard.

   F.   Rear Yard Fence: The facility shall have a rear yard sight obscuring fence.

   G.   Size, Scale, Design: The facility shall be of a size, scale and design such that it is in harmony with other residential uses in the vicinity.

   H.   Ratio: The facility shall comply with state regulations and not exceed a ratio of one adult to three (3) youth, or exceed a total of six (6) youth assigned to the facility at any one time. (Ord. 2008-002, 2008)