Page 24 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 24

134-3. USeS                                                                                       DRAFT

         Residential Use Category


               also I.C. §414.22).                                        used exclusively for recreational purposes,
         D. Group residence, Supervised                                   the area shall total at least 15 square feet of
                                                                          floor area per resident bed and at least 50%
           1.  A residential facility, occupied by 3 or more              of the required area must be in one room.
               persons under the supervision of one or more               The regulations of this paragraph do not
               persons who are unrelated to the persons being             apply to facilities licensed and regulated as
               supervised by blood, marriage or adoption,                 health care facilities by the state department
               wherein the individuals supervised have                    of public health.
               mental, social or substance-abuse problems
               that hinder their functioning in society and            d.  Each such facility shall provide supervision
               require the protection and supervision of a                24 hours a day by persons responsible for
               group environment to facilitate their becoming             the care of the residents.
               functional members of society. Family homes,            e.  New supervised group residences may
               hospitals, correctional placement residences, and          not be located within 1,320 feet of an
               nursing, convalescent and retirement homes are             existing supervised group residence, family
               not included within this definition.                       home, correctional placement residence,
           2.  Supervised group residences are subject to the             or temporary shelter, except when such
               following supplemental use regulations:                    facilities are separated from by a freeway or
                                                                          river.
                a.  Each bedroom within the facility must
                   contain (i) beds for no more than 4                 f.   A supervised group residence may not
                   residents, (ii) at least 80 square feet of             be operated until a permit has been
                   usable floor space per bed and (iii) usable            issued by the zoning enforcement officer,
                   floor space of at least 8 feet in any major            based upon a finding that the proposed
                   dimension. For purposes of calculating                 facility complies with all applicable zoning
                   usable floor space, any parts of a room                regulations. If, after issuance of the required
                   having less than 7 feet of ceiling height may          permit, evidence comes to the attention
                   not be counted. Rooms in which beds are                of the zoning enforcement officer that
                   located may not be used for purposes other             operation of such facility may be causing
                   than bedrooms. The regulations of this                 unreasonable and chronic traffic congestion
                   paragraph do not apply to facilities licensed          in the streets; unreasonable and chronic
                   and regulated as health care facilities by the         noise in the neighborhood; or danger to
                   state department of public health.                     the health, safety and general welfare of
                                                                          its occupants or of occupants of other
                b.  Each such facility must contain at least one          property in the neighborhood, the zoning
                   lavatory and one toilet per 10 residents or            enforcement officer must refer the matter
                   fraction thereof and one tub or shower per             to the zoning board of adjustment. If, after
                   15 residents or fraction thereof. At least             public hearing, the board of adjustment
                   one bathroom with tub or shower, toilet                finds that operation of the facility is causing
                   and lavatory must be located on each floor             unreasonable and chronic noise in the
                   that is occupied by resident bedrooms. The             neighborhood or danger to the health,
                   regulations of this paragraph do not apply             safety and general welfare of its occupants
                   to facilities licensed and regulated as health         or of occupants of other property in the
                   care facilities by the state department of             neighborhood, the board is authorized to
                   public health.                                         revoke such permit or prescribe appropriate
                c.  Each such facility must contain areas for             conditions and safeguards to remedy the
                   dining and recreational purposes. When                 problems found to exist.
                   space is used for multi-purpose dining       e.  Shelter, temporary
                   and recreational purposes, the area must
                   include at least 30 square feet of floor area   1.  A temporary shelter is a group living use
                   per resident bed. When space is provided           that provides overnight or temporary living
                   exclusively for dining, the area must include      accommodations for individuals who do not have
                   at least 15 square feet of floor area per          access to traditional or permanent housing or
                   resident bed. When space is provided to be         who require temporary living accommodations



         134-3-8                                                                          DRAFT AUgUST 3, 2017
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