[Ord. No. 25-14130, 5-19-2025]
Every building used in whole or in part as a special residential use shall conform to the requirements of this Chapter.
[Ord. No. 25-14130, 5-19-2025]
Any special residential use which shall fail to conform to the requirements of this Chapter, or other adopted codes, and is in violation of the Code of the City of Washington, and is detrimental to the health, safety, and welfare of the inhabitants of the City of Washington, shall be deemed a hazard.
[Ord. No. 25-14130, 5-19-2025]
The following words and terms shall, for the purpose of this Chapter, have the meanings shown herein:
Any facility regulated and permitted under this Code prior to the adoption of this Chapter.
Any residential facility that provides social rehabilitation services for no longer than eighteen (18) months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling.
Any occupancy being used, with or without compensation to the operator, as a shelter for the homeless, halfway house, or social rehabilitation facility, or an alcohol and/or drug abuse treatment center.
[Ord. No. 25-14130, 5-19-2025]
A.
Prior to filing an application for a Certificate of Occupancy, an applicant seeking to operate a special residential use shall obtain the plat and petition forms from the Zoning Administrator. Upon completion of the forms, an applicant to operate a special residential use, together with all other requirements of this Chapter, shall file a plat or drawing showing its location or premises together with the position of the building to be used thereon and a written petition in favor of the issuance of such occupancy permit signed by a majority of the property owners residing within an area determined by lines drawn parallel to and five hundred (500) feet distant from the boundaries of the location or premises. Notwithstanding the above, no occupancy permit shall be approved wherein a church, elementary school, or secondary school is located within the area herein above described. It shall be unlawful to operate a special residential use without first complying with the plat and petition requirements as set forth herein.
B.
Sheltered workshops and residence facilities authorized by Sections 205.968 to 205.972 (2000), RSMo., as amended, shall be and are hereby exempted from the plat and petition and the church and school radius requirements set forth herein.
C.
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home is exempt from this Chapter.
D.
Any private residence licensed by the Children's Division, Missouri Department of Social Services, or the Missouri Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption is exempt from this Chapter.
[Ord. No. 25-14130, 5-19-2025]
Upon approval of the plat and petition from the Zoning Administrator, the applicant shall file with the Building Official an application for a Certificate of Occupancy in accordance with the Building Code, and if the Zoning Administrator finds that Chapter 400 of the City Code permits such usage in the district in which the proposed building is located, the Building Official shall take the application of the applicant. If the Zoning Administrator finds that Chapter 400 of the City Code does not permit such usage in the district in which the proposed building is located, the Building Official shall not approve the application for a Certificate of Occupancy. Appeals on the zoning aspects of the Certificate of Occupancy lie with the Board of Adjustment.
[Ord. No. 25-14130, 5-19-2025]
If the Certificate of Occupancy is denied due to its failure to comply with the provisions of this Chapter, the applicant shall, upon written request, be granted a hearing before the Board of Appeals on a day designated by it for reconsideration of the denial of such permit. After considering such request and the evidence and argument, if any, submitted in support thereof, the Board may issue said permit or confirm the action in refusing to do so.
[Ord. No. 25-14130, 5-19-2025]
If the Building Official finds any special residential use in violation of any of the requirements of this Chapter, the Building Official shall immediately notify the applicant thereof to correct or abate same. If the violation is not abated within a reasonable period, the Building Official shall file a report of such violation with the Washington Police Department.
[Ord. No. 25-14130, 5-19-2025]
In addition to the remedies in Section 655.040, if the Building Official finds any special residential use in violation of any of the requirements of this Chapter, the Building Official shall immediately notify the applicant thereof to correct or abate same. If the violation is not abated within a reasonable period, the Building Official shall file a report of such violation with the Board of Appeals with the Building Official's recommendation to revoke said permit. The Board shall notify the applicant or the applicant's resident agent of the Building Official's recommendation and shall within a reasonable time conduct a hearing as to whether or not the occupancy permit should be revoked. If the Board finds that the special residential use is being operated in violation of any of the requirements of this Chapter, the Board shall immediately revoke the permit.
[Ord. No. 25-14130, 5-19-2025]
Any change of ownership of a special residential use shall require that a new application and new neighborhood consent petition be filed as set forth in this Chapter and shall be subject to rules and regulations and ordinances in effect at the date of such application.
[Ord. No. 25-14130, 5-19-2025]
A.
Application for a Certificate of Occupancy for any facility regulated under this Chapter shall be charged a fee as set forth in Section 500.080 of the Code. All notices provided herein to be served upon the owner, applicant, agent of owner, or occupant, as the case may require, shall be deemed served upon such owner, applicant, agent of owner, or occupant, as the case may require, if a copy thereof shall:
1.
Be delivered to them personally; or
2.
If not found, by leaving a copy at the usual place of abode with a member of the family of sixteen (16) or more years of age; or
3.
By posting a copy in a conspicuous place in or about the dwelling affected by the notice; or
4.
By sending a copy of the notice by registered letter with a return receipt requested to the address specified in the to the last known address; or
5.
If registered letter with copy is returned with receipt showing it has not been delivered to them, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice.
All notices provided herein shall: | |
1. | Be in writing; |
2. | Include a description of the real estate sufficient for identification; |
3. | Include a statement of the reason or reasons why notice is being issued; |
4. | Include a description of the violations required to be abated to bring the premises into compliance with the provisions of this Chapter. |
[Ord. No. 25-14130, 5-19-2025]
A.
All currently existing special residential uses shall, at a minimum, be governed by the provisions of the Building and Fire Code under which they were initially licensed. Any alteration or change of occupancy shall be made to comply with the current Building Code as amended.
B.
All new special residential uses must meet the requirements as defined in this Chapter and the current Building Code as amended.
[Ord. No. 25-14130, 5-19-2025]
When a change of operation occurs altering the original occupancy permit issued, such an increase or decrease in the number of rooms, an increase or decrease in number of occupants or a reconfiguration of space, the applicant shall comply with all adopted codes necessary to achieve the public safety of its occupants.
[Ord. No. 25-14130, 5-19-2025]
It shall be the duty of the applicant to keep available on the premises at all times proper keys to all rooms so that proper inspection can be made by the Building Official and the Fire Official.
[Ord. No. 25-14130, 5-19-2025]
A special residential use shall at all times keep a standard register in which shall be inscribed the names of all occupants renting or occupying rooming units in such establishment. The register shall be kept at the establishment and signed by the person renting or occupying such unit. After the name or names of persons renting or occupying such unit, the applicant or the applicant's agent shall write the number of the room or rooms which each person is to occupy together with the date and hour when such room or rooms are occupied, all of which shall be done before such person is permitted to occupy such room or rooms. The register shall be at all times open to inspection by the Building Official and the Fire Official or Police Department.
[Ord. No. 25-14130, 5-19-2025]
No person renting or occupying rooming units in a special residential use shall knowingly write or cause to be written on the standard register any other or different name than the true name of such person or the name by which such person is generally known.
[Ord. No. 25-14130, 5-19-2025]
It shall be the duty of the Building Official and Fire Official to make or cause to be made annual inspections of all special residential uses.