§ 58.542. Standards for the Review of Conditional Use Permit Applications for all types of Congregate Living Facilities.

Where a conditional use permit is required to establish a congregate living facility in a zoning district, or to waive a distance separation requirement, the Municipal Planning Board and City Council shall consider the factors and standards applicable to all conditional use permits and may prescribe appropriate conditions and safeguards as stated in Chapter 65, Part 2D. In addition to the factors and standards in Chapter 65, Part 2D, the Municipal Planning Board and City Council shall use the following review criteria to determine the appropriateness of conditional use permit applications for congregate living facilities:

A.

Concentration Discouraged. The regulations of this Part are designed, in part, to limit the concentration of congregate living facilities in one distinct geographical area and encourage the dispersal of such uses throughout all residential neighborhoods in the City. In analyzing a request for a conditional use permit, particularly a conditional use permit to waive a separation distance for a group care facility, the Municipal Planning Board and City Council must consider the number, type, intensity, and proximity of existing congregate living facilities in the surrounding neighborhood as well as existing development patterns and any mitigating factors that may lessen the impacts of such a concentration.

B.

Design of Facility. The architectural style, building materials, massing, height, location and design of parking facilities and vehicular use areas, ingress, egress, on-site circulation, landscaping, and storm water retention/detention areas shall be designed to integrate into the surrounding neighborhood, mitigate impacts of noise and traffic to levels associated with permitted uses in the zoning district, and enhance the safety of both congregate living residents and residential neighbors.

C.

Findings for Denial of the CUP request. When the Municipal Planning Board and City Council find that a proposed location for a congregate living facility would substantially alter the nature and character of an area by creating a concentration of such facilities, the conditional use permit may be denied, except when such denial would violate protections provided under the state or federal Fair Housing Acts, the Americans with Disabilities Act, the Rehabilitation Act, or other state and federal laws regarding these types of uses.

(Ord. No. 2018-45, § 3, 8-20-2018, Doc. #1808201202)