This article shall pertain to all developments which receive
conditional use permit approval for the construction and operation
of senior housing projects under this article or any previous version
of this article. All senior housing projects so approved and constructed
shall be subject to the conditions of approval established by the
planning commission and/or city council as well as to the provisions
contained in this article. Each project also shall comply with the
provisions of the Fair Housing Amendments Act of 1988, 42 U.S.C. sections
3601 through 3619, prior to continuing its status as a senior housing
project under this article.
Those projects which do not comply with the requirements of
the Fair Housing Amendments Act shall not be subject to the age restrictions
of this article.
Nothing in this article shall immunize any project from liability
for failure to comply with the Fair Housing Amendments Act.
(Zoning Code, Ch. 107, § 1079.10; Ord. No. 92-36, § 1, 8-12-92; Ord. No. 2007-19, § 4, 9-19-07)
For the purpose of this article, certain words and phrases are
defined as follows:
means a housing development which was developed under this
article or previous versions of this article.
means persons 62 years of age or older or households of which
one member is 62 years of age or older, provided that these age limits
shall be reduced to 55 for senior housing projects. Senior housing
may be provided under any state or federal program that the Secretary
of Housing and Urban Development determines is specifically designated
and operated to assist senior citizens (as defined in the state or
federal program); or intended for, and solely occupied by persons
62 years of age or older; or a residential development developed,
substantially rehabilitated, or substantially renovated, for persons
55 years of age or older, that has at least 35 dwelling units (rental
or for-sale units) and at least 80% of the occupied dwelling units
occupied by at least one person who is 55 years of age or older. Exceptions
to this requirement shall be made for persons with disabilities. Additional
exceptions to this requirement shall be permitted for managers at
the following ratios:
(Zoning Code, Ch. 107, § 1079.20; Ord. No. 2007-19, § 4, 9-19-07; Ord. No. 2018-20, § 7, 11-28-18)
(a)
Each senior housing project shall maintain all documents, papers,
computer data, and all other business records pertaining to the occupancy
requirements of this article on file at the senior housing project.
Such records shall be available for inspection by the housing division
or their designated representatives at any time during business hours.
(b)
Each senior housing project shall post on its premises notice of
its status as a senior housing project in a manner readily visible
to and accessible to the residents. Such notices shall be prepared
by the housing division.
(c)
It is unlawful to encourage, coerce or evict any person from a senior
housing project for the purpose of meeting the requirements of this
article, unless the owner or manager of the senior housing project
shall have first paid all costs of relocating such individuals to
similar housing facilities.
(Zoning Code, Ch. 107, § 1079.30; Ord. No. 90-14, § 1, 5-2-90; Ord. No. 2007-19, § 4, 9-19-07)
The failure on behalf of an owner or owners to perform and/or
achieve compliance with the requirements of this article or other
conditions of the project approval shall constitute a violation of
the project approval and the zoning code. Any such violations shall
be corrected within 10 days following notice from the city identifying
the nature of said violations and describing those measures necessary
to correct said violation(s). Continued noncompliance shall be subject
to prosecution as a misdemeanor violation. Noncompliance with this
article shall be defined as follows:
(a)
Failure to restrict occupancy to those households with at least one
person 62 years or older (except as specifically noted in this chapter);
(b)
Unauthorized expansions or deviations from any other conditions of
the project approval.
(Zoning Code, Ch. 107, § 1079.40; Ord. No. 2007-19, § 4, 9-19-07)
As noted in section 33-810, any senior housing project developed
under this article or previous versions of this article which does
not comply with the requirements of the of the Fair Housing Amendments
Act of 1988, 42 U.S.C. Sections 3601-3619, shall not be subject to
the age restrictions of this article. Any proposed change in the use
of a senior housing project that does comply with the Fair Housing
Amendments Act shall conform to all current zoning and density requirements.
Any such conversion shall be accompanied by plans showing how said
structure will be brought into conformance with city standards.
(Zoning Code, Ch. 107, § 1079.50; Ord. No. 2007-19, § 4, 9-19-07)
In addition to the penalties specified in section 33-813, the
failure to meet the occupancy requirements of this article and any
other violation of any provision of this article is unlawful and is
a misdemeanor. Each separate offense, or each day on which an ongoing
offense is committed shall be a separate violation. Such violation
shall be punishable by a fine not exceeding one thousand dollars,
($1,000.00) or by imprisonment in the county jail for a period not
exceeding six months, or both.
(Zoning Code, Ch. 107, § 1079.60; Ord. No. 90-14, § 2, 5-2-90; Ord. No. 2007-19, § 4, 9-19-07)
