A.    As used in this chapter, "Housing for Older Persons" means housing that the commission determines is:

    1.    Specifically designed and operated to assist elderly persons under a federal or state program;

    2.    Intended for, and solely occupied by, persons at least sixty-two years of age; or

    3.    Intended and operated for occupancy by at least one person at least fifty-five years of age in each unit.

    B.    Housing that includes units that are unoccupied or that are occupied by persons who do not meet the age requirements of subsection (A)(2) or (A)(3) of this section does not fail to meet the requirements for housing for older persons if:

    1.    The unoccupied units are reserved for persons who meet the age requirements of subsection (A)(2) or (A)(3); of this section;

    2.    The occupants who do not meet the age requirements of said subsection (A)(2) or (A)(3) have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of said subsection (A)(2) or (A)(3).

    C.    The commission shall adopt rules under Section 2.58.030(B)(2) to establish criteria for making determinations under subsection A of this section. These rules must include at least the following provisions:

    1.    Except as provided in subsection (C)(2) of this section, the housing must provide significant facilities and services specifically designed to meet the physical or social needs of older persons.

    2.    If the provision of the facilities and services described in subsection (C) (1) of this section is not practicable, the housing must be necessary to provide important housing opportunities for older persons.

    3.    At least eighty percent of the units must be occupied by at least one person who is at least fifty-five years of age.

    4.    The owner or manager of the housing must publish and adhere to policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons who are at least fifty-five years of age.

    D.    The provisions of Sections 9.28.160 through 9.28.240 relating to familial status do not apply to housing for older persons. (Ord. 92-45 (part), 1992; prior code § 12-3.5-2-4)