3.28.4 Residential Facility Development Standards

Each Residential Facility shall conform to the following requirements: A. Residential Facility Design Standards: Any newly constructed or remodeled Residential Facility shall comply with the following design standards: 1. The Residential Facility shall comply with: all building, safety, and health regulations; the Americans with Disabilities Act; fire regulations; and all applicable State code standards and licensing requirements. Additionally, Residential Facilities shall comply with all standards set forth by any other local, state, or federal agency for the operation of the Residential Facility 2. All setbacks shall be according to the requirements of the zone in which the facility sits. 3. In order for new construction to reflect the design and character of the existing neighborhood the following standards shall be met: a.The roof design of the proposed or remodeled structure shall be a pitched roof of the same slope as the most common roof slope of the homes within the surrounding area of the proposed building; and b.The type of exterior materials shall be of traditional home finished materials of brick, siding, rock, stucco, etc. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color, and/or their combination being uncharacteristic of the other buildings in the neighborhood. 4. An existing structure may not be utilized as a Residential Facility unless no structural or landscaping alterations that change the structure’s residential character are required for the Residential Facility to operate. Any alterations to the structure, landscape, or site will require the approval of the Amalga Town Planning and Zoning Commission and must be completed in compliance with this section. B. Parking Standards: The residential facility shall be required to provide sufficient parking for the intended use as provided below. 1.Each facility shall be subject to minimum site development standards applicable to a dwelling unit in the zone in which the facility is located; and 2.The minimum number of parking spaces required shall be the same as the number required for a dwelling with similar occupancy density in the same zone. C. Number of Occupants: Pursuant to the definition of "family" in Chapter 2.44 of this Code, not more than four (4) unrelated persons shall occupy a residential facility for elderly persons or any residential facility for persons with a disability established in a dwelling unit unless a reasonable accommodation is granted in conformance with Section 3.28.5. D. License and Certification: Prior to the issuance of a Zoning Clearance by Amalga Town for the Residential Facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the Residential Facility shall: 1. Provide a certified copy of the license issued or the filed application for a license by the Department of Human Services or the Department of Health to the Zoning Administrator; 2. Certify, in a sworn affidavit submitted with the application for a Zoning Clearance, that no person will be placed or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions, have demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others. 3.Residential Facility for Persons with a Disability: i.Certify, in a sworn affidavit submitted with the application for a Zoning Clearance, that all current residents/clients qualify and that all future resident/clients will qualify prior to admission to the facility as persons with a disability as defined within the Americans with Disabilities Act; ii. Obtain a Town business license, if required under applicable provisions of the Amalga Town Code. 4.Residential Facility for Elderly Persons: i.Certify, in a sworn affidavit submitted with the application for a Zoning Clearance, that all current residents/clients qualify and that all future resident/clients will qualify prior to admission to the facility as “elderly persons” meaning sixty (60) years of age or older. ii.Certify, in a sworn affidavit submitted with the application for a zoning clearance, compliance with all relevant State Code requirements.