Number
041402
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. HINES, D’AMATO AND BAUMAN
Title
A substitute ordinance relating to zoning regulations for certain types of group living facilities.
Sections
295-201-144 cr
295-306 cr
295-311-2-i-2 rc
295-503-2-f-1 am
295-503-2-f-2-a am
295-503-2-g am
295-503-2-h-1 am
295-503-2-h-5 rc
295-603-2-b-1 am
295-603-2-b-2-a am
295-603-2-c am
295-603-2-d-1 am
295-603-2-d-5 rc
295-703-2-c-1 am
295-703-2-c-2-a am
295-703-2-d am
295-703-2-e-1 am
295-703-2-e-5 rc
295-803-2-a-1 am
295-803-2-a-2-a am
295-803-2-b am
295-803-2-c-1 am
295-803-2-c-5 rc
295-905-2-b-1-a am
295-905-2-b-1-c rc
295-905-2-b-2-a am
295-905-2-b-3-a am
295-905-2-b-3-d am
Analysis
Currently, the zoning code requires adult family homes, small group shelter care facilities, small foster homes, group homes, group foster homes and community living arrangements to be located at least 2,500 feet apart from one another and from other types of group living facilities. If one of these facilities cannot meet this standard, it is classified as a special use and must be approved by the board of zoning appeals.
This ordinance eliminates the 2,500-foot distance requirement for these facilities provided all residents of a facility (other than the operator or care provider or the operator or care provider’s immediate family) are disabled, as indicated by the required state license application. If any residents of a facility are not disabled, the facility will still be subject to the 2,500-foot rule. In conjunction with the creation of the exception for facilities with disabled residents, this ordinance creates a zoning code definition of “disabled person”.
Another change made by this ordinance with respect to group living facility regulations is the designation of the local common council member, or the council member’s designee, as the local government representative on the community advisory committee which any applicant for licensure of a group home or communit...
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