Page 23 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 23

DRAFT                                                                                134-3. USeS

                                                                                         Residential Use Category


             intermediate care facility or nursing facility under I.C.     one bathroom with tub or shower, toilet
             §135C.1.                                                      and lavatory must be located on each floor
          B.  correctional Placement residence                             that is occupied by resident bedrooms. The
                                                                           regulations of this paragraph do not apply
            1.  A correctional placement is a group living use             to facilities licensed and regulated as health
                occupied by 3 or more persons who have been                care facilities by the state department of
                convicted of public offenses and who have been             public health.
                released to such facility during any period of:        e.  Each such facility must contain areas for
                 a.  Probation;                                            dining and recreational purposes. When

                 b.  Work release while serving a sentence in a            space is used for multi-purpose dining
                    correctional institution; or                           and recreational purposes, the area must
                 c.  Assignment to the judicial district                   include at least 30 square feet of floor area
                                                                           per resident bed. When space is provided
                    department of correctional services after              exclusively for dining, the area must include
                    receiving a deferred sentence.                         at least 15 square feet of floor area per
            2.  Correctional placement residences are subject to           resident bed. When space is provided to be
                the following supplemental use regulations:                used exclusively for recreational purposes,
                 a.  The proposed location must provide                    the area shall total at least 15 square feet of
                    residents with adequate access to public               floor area per resident bed and at least 50%
                    transportation.                                        of the required area must be in one room.
                 b.  A permit for such use is subject to                   The regulations of this paragraph do not
                                                                           apply to facilities licensed and regulated as
                    reconsideration by the board or adjustment             health care facilities by the state department
                    if at any time the community development               of public health.
                    director determines that the facility has
                    become detrimental to the neighborhood.            f.   Each correctional placement residence
                 c.  Each bedroom within the residence                     must provide supervision 24 hours per day
                                                                           by persons responsible for the care of the
                    must contain (i) beds for no more than                 residents.
                    4 residents, (ii) at least 80 square feet
                    of usable floor space per bed, except              g.  New correctional placement residences
                    a minimum of 60 square feet of usable                  may not be located within 1,320 feet of any
                    floor space per bed is permitted for those             existing family home, correctional placement
                    correctional placement residences that                 residence, or temporary shelter, except
                    are constructed after July 1, 1991 and                 when such facilities are separated from by a
                    are owned or leased and administered                   freeway or river.
                    by the fifth judicial district department    c.  Family Home
                    of correctional services as part of a          1.  A family home is a community-based residential
                    community-based correctional program               home licensed as a residential care facility
                    under I.C. ch. 905, and (iii) usable floor space   under I.C. Ch. 135C or as a child foster care
                    of at least 8 feet in any major dimension.         facility under I.C. ch. 237 to provide room and
                    For purposes of calculating usable floor           board, personal care, rehabilitation services,
                    space, any parts of a room having less than        and supervision in a family environment
                    7 feet of ceiling height may not be counted.       exclusively for not more than 8 persons with a
                    Rooms in which beds are located may not            developmental disability or brain injury and any
                    be used for purposes other than bedrooms.          necessary support personnel. A family home
                    The regulations of this paragraph do not           includes an elder group home but does not
                    apply to facilities licensed and regulated as      include an individual foster care family home
                    health care facilities by the state department     licensed under I.C. ch. 237.
                    of public health.
                 d.  Each such facility must contain at least one   2.  New family homes owned and operated by
                                                                       public or private agencies must be dispersed
                    lavatory and one toilet per 10 residents or        throughout residential districts and may not be
                    fraction thereof and one tub or shower per         located within contiguous city block areas (see
                    15 residents or fraction thereof. At least


          CITY OF DES MOINES CHAPTER 134: ZONING DRAFT                                                      134-3-7
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