§ 21.50.030. Conditional use standards—Health care facilities and related institutions, large residential care facilities, adult care facilities, correctional facilities and similar institutions.

The following standards shall apply to health care facilities and related institutions, large residential care facilities, adult care facilities, correctional facilities and similar institutions:

A.

Any use shall meet the standards of the supplementary district regulations, in addition to any requirements imposed by the conditional use. Additional restrictions as to the size of the use, hours of operation or other use restrictions may be required to meet the conditional use standards to ensure compatibility with the neighborhood.

B.

Maximum lot coverage. The maximum lot coverage by all structures shall be in accordance with the zoning district in which the institution is established, except a minimum of 25 percent of the lot shall remain as open area, to include landscaping, natural vegetation, or useable yard. The open area calculation shall not include buildings, driveways, parking areas, sidewalks, or similar structures, unless the planning and zoning commission determines retention of less than 25 percent of the lot as open area allows for sufficient buffering of adjacent uses.

C.

Yard requirements. The planning and zoning commission may alter the minimum yards required by the underlying zoning district, except a use within a nonresidential district adjacent to a residential use or district shall provide a 15-foot yard between the two, planted with buffer landscaping meeting the standards in section 21.45.125.

D.

In reviewing conditional use applications for residential care facilities when reasonable accommodation is requested in support of the application, the planning and zoning commission shall consider factors relevant to the request for reasonable accommodation, including but not limited to, the following:

1.

For conditional use to increase small residential care facility occupancy limits in R-1, R-1A, R-2A and R-2D districts, and for conditional use for large residential care facilities, the extent to which the accommodation and the assisted living provider seek to protect and preserve the primarily residential character of the district. Factors may include traffic patterns, on-street parking patterns, the control exercised by the assisted living provider to mitigate environmental disturbance associated with ingress and egress of facility staff workers at shift change, and any other measures taken by the assisted living provider to ensure commercial aspects of the large residential care facility do not detract from its residential purpose and the primarily residential character of the district. An example of a commercial aspect is if residential trash containers are standard in the neighborhood and the assisted living provider used one or more dumpsters due to volume. An example of a mitigation measure by the assisted living provider for this aspect is to screen the dumpster.

2.

Economic hardship on the intended occupants if the conditional use is denied. Cost and availability of other housing alternatives, including whether a shortage of residential care facilities exists, may be addressed in preparation and review of the application.

3.

Whether the requested accommodation and the assisted living provider are implementing accident prevention and safety measures specific to the needs of the residents, including but not limited to safety measures in state law and regulation, and in municipal fire code adopted under title 23.

4.

Whether the conditional use advances housing opportunities for disabled individuals in a residential community without jeopardizing residential aspects of the neighborhood with commercial aspects of operation.

5.

Whether the proposed size of the facility is necessary for the financial viability of a residential care facility.

6.

External characteristics and impacts of the proposed facility, including without limitation appearance, projected contribution to traffic volumes and on-street parking within the neighborhood, available street lighting and sidewalks.

7.

Quantifiable risks to the health, safety, and quality of life of area residents and users.

8.

Administrative and economic burden on the municipality, in either approval or denial of the conditional use.

9.

Other factors deemed relevant to the applicant or the planning and zoning commission in review of the application.

E.

Authority to impose different conditions. Except as specifically limited in this section, different conditions may be imposed by the planning and zoning commission, if necessary, to properly develop the site and mitigate impacts.

F.

Required submittals. The following shall be provided with an application:

1.

A copy of the application submitted for state licensing.

2.

Building elevations.

3.

Landscaping.

4.

Floor plans.

5.

Site plan and/or as-built survey.

6.

Description of the program, including the services offered and the professional certification or licenses required to operate.

7.

If the conditional use applicant presents a request for reasonable accommodation in the provision of housing to persons with disabilities, the application shall include support for the accommodation, addressing relevant factors including, without limitation, the factors listed in subsection D above.

8.

Submittals as required under section 21.15.030C. may also be required.

(GAAB 21.05.060.M; AO No. 85-91, 10-1-85; AO No. 88-6; AO No. 2005-124(S-1A), § 32, 4-18-06)