14.84.020 RESIDENTIAL FACILITIES FOR ELDERLY AND DISABLED PERSONS: Residential Facilities For Elderly Persons

1. General Requirements: a. A residential facility for elderly persons may not operate as a business. b. A residential facility for elderly persons shall be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident. c. A residential facility for elderly persons shall be consistent with existing zoning of the desired location. d. A residential facility for elderly persons shall be occupied on a 24-hour-per-day basis by eight or fewer elderly persons in a family-type arrangement. e. 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. 2. Compliance: "Residential facilities for elderly persons" shall comply with the following requirements: a. The facility shall meet all applicable building codes including the Wildland Urban Interface Code (when applicable), safety codes, zoning regulations, the Americans with Disabilities Act, and health ordinance applicable to single-family or similar dwellings; except as may be modified by the provisions of this chapter; b. No facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she: i. May be determined to be or does constitute a substantial risk or direct threat to the health or safety of other individuals; or ii. Has or may engage in conduct resulting in substantial physical damage to the property of others; iii. Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located; iv. The facility shall be capable of being used as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character; v. The use granted and permitted by this section is non-transferable and terminates if the structure is devoted to any use other than as a residential facility for the elderly or if the structure fails to comply with the applicable health, safety, zoning and building codes; and vi. No person being treated for alcoholism or drug abuse shall be placed in a residential facility for elderly persons; and vii. Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.