§ 6.602. Application Procedures and Requirements.

(a)

SCO may be established as an overlay zoning district in any of the Rural Residential (RR), Suburban Residential (SR), Urban Residential (R-I), Multiple Residence (R-2, R-3, R-4, R-5) or Planned Area Development (PAD) zoning districts.

(b)

All applications to establish SCO shall be submitted and processed pursuant to the requirements and procedures in Section 3.800; except that applicants are limited to the property owner(s) or Homeowners' Association. The procedures for amending an approved SCO shall be the same as for the original approval. Applications to remove the SCO for any particular development may be initiated by the City Council or Planning Commission or any other applicant as authorized by Section 3.800.

(c)

An application for SCO will be considered only after the submission of the following materials:

(1)

Submission of either of the following:

(A)

A petition signed by one hundred percent (100%) of the owners of property within the proposed district agreeing to the SCO District; or

(B)

Documentation for existing developments that all of the property within the proposed district has been, since the beginning of the project, and will continue to be developed, advertised and sold or rented under age specific restrictions as required by the Fair Housing Acts. Documentation for new developments that all of the property within the proposed District is and will continue to be developed, advertised and sold or rented under age specific restrictions as required by the Fair Housing Acts and the SCO District requirements. This documentation may include items such as advertisements, sales agreements, lease agreements and a subdivision's deed restrictions (CC&R's Conditions, Covenants and Restrictions).

(2)

Submission of all of the following:

(A)

Documentation that at the time of application, at least eighty (80) percent of the dwelling units are occupied by at least one (1) person fifty-five (55) years of age or older per unit, regardless of any legal, nonconforming rights that may exist, as required by the Fair Housing Acts. Newly constructed housing developments or facilities need not comply with this requirement until twenty-five (25) percent of the units in the development or facility are occupied. This documentation of occupancy shall be by reliable surveys and affidavits which shall be admissible in administrative and judicial proceedings for the purposes of such verification; and

(B)

Documentation for existing developments that a Homeowners' Association or management agency or association publishes and adheres to policies that demonstrate the intent of the Fair Housing Acts. Documentation for new developments that a Homeowners' Association or management agency or association has prepared published documents which will be adhered to that demonstrate the intent of the Fair Housing Acts; and

(C)

Documentation for existing developments that a Homeowners' Association or management agency or association is actively enforcing age restrictive deed restrictions or lease agreements on other types of residential developments within the proposed district that are in conformance with the Fair Housing Acts and SCO District requirements. Documentation for new developments that a Homeowners' Association or management agency or association will be actively enforcing age restrictive deed restrictions or lease agreements on other types of residential developments within the proposed district that are in conformance with the Fair Housing Acts and SCO District requirements; and

(D)

A certification by the applicant(s) or authorized representative of the applicant(s) that SCO is not being applied for an underlying reason that would violate or circumvent the Fair Housing Acts or the Federal Rehabilitation Act of 1973 and that, to the best of the signer's information and belief, the development meets or at completion will meet the requirements for exemption for housing for older persons under the Fair Housing Acts.

(d)

On residential communities which meet the intent of the SCO as outlined in 6.601, the SCO may be established as follows:

(1)

For existing developments the SCO may be applied only to entire subdivisions, mobile home parks, or multiple residence communities with defined boundaries. No minimum acreage is required. The SCO District precludes exception parcels.

(2)

For new developments SCO may be established only on parcels of twenty (20) or more contiguous acres in the Rural Residential (RR), Suburban Residential (SR), Urban Residential (R-1) and Planned Area Development (PAD) Zoning Districts. New SCO developments in the Multiple Residence (R-5, R-4, R-3, R-2) Zoning Districts may only be established on parcels of ten (10) or more contiguous acres. SCO Zoning may only be applied to entire subdivisions, mobile home parks, or multiple residence communities with defined boundaries. The SCO District precludes exception parcels.

(Ord. No. 1896, § 2; Ord. No. 2115, § 1, 1-11-2000)