The City Council may authorize the issuance of special authorizations and licenses required by law.

(a)

Purpose. City Council authorization may be required in different zones if the use is required to be authorized under superseding state or federal law. The Council must consider such authorization in such situations. This process governs such approvals.

(b)

Consideration of an application and the granting or denying of such an application do not change the zoning of the property.

(c)

Notwithstanding any other provision of this code, the City Council may issue a special authorization and license in any zone, but only for the following:

(1)

An assisted living facility,

(2)

A community home,

(3)

A religious organization or religious use, or

(4)

An application required because strict enforcement of the code would result in a violation of the Americans with Disabilities Act (ADA).

(d)

Qualifying conditions. An application under this article is only permitted under the following conditions:

(1)

The application can specifically cite to a superseding state or federal law which mandates the use be authorized; and

(2)

Authorization of the use is considered ministerial under the cited superseding state or federal law under the applicant's specific circumstances; and

(3)

No other appeal or application is permitted under the City's code of ordinances (such as variances authorized by the board of adjustment); or

(4)

The City has been ordered by a court of competent jurisdiction to allow such use.

(e)

Requirements of Application. When considering an application, an applicant must:

(1)

Submit a written application on a form approved by the city manager;

(2)

Specify the superseding state or federal law which requires the use be allowed;

(3)

Specify, in detail, what use, or code alterations related to such use, are required by the listed superseding state or federal law;

(4)

Specify the scope of the accommodations required under the listed superseding state or federal law given the applicants individual circumstances;

(5)

List the specific court order, if applicable, requiring the use;

(6)

Attach any and all applicable documents necessary for the Council to consider the application.

(f)

Standards for consideration. Certain superseding state and federal laws require cities to consider specific facts about an individual applicant before the law mandates a required use. As a result, the standards to be used by the Council in considering an application include:

(1)

That the applicant has all the State and federal licenses to operate as an assisted living facility at the location in question.

(2)

For assisted living facilities and community homes, that the applicant demonstrates to the City Council through clear evidence that it is clinically dangerous or financially infeasible to operate an assisted living facility or community home anywhere in the City of Windcrest with six (6) or fewer disabled individuals living at such facility; the applicant bears the burden of establishing clinical necessity and fiscal feasibility in order to seek authorization to allow more than six (6), disabled individuals to be serviced at a single location.

(3)

For religious organizations or religious uses, that the applicant demonstrates to the City Council through clear evidence that a superseding state or federal law mandates the specified use and/or scope of the use is required to be allowed given the applicant's individual circumstances.

(4)

For ADA applicants, that the applicant demonstrates to the City Council through clear evidence that a superseding state or federal law mandates the specified accommodation requested.

(5)

The City Council can consider requests submitted by the City Manager or an applicant that a court of competent jurisdiction has required the use be granted.

(Ord. No. 2023-002(O), § I, 3-6-2023)